Spousal Maintenance

Spousal Maintenance

DivorceCare: Surviving The Holidays

Separation or divorce during the holidays can be a lonely, stressful and depressing time. But there's hope! With this seminar you will discover how to enjoy the holidays again.

5 Types Of Divorce

Divorce does not need to be complicated but there are things that you should know. There are different "types" of divorce.

The divorce process is pretty universal in all 50 states but the laws and requirements vary greatly from state to state.

It is important that you understand the type of divorce you want to file and the laws and requirements for your state before you begin.

Some states offer a simplified divorce option. This can be a great solution for those who truly agree on everything and meet all of the requirements for such a divorce. The problem with this type of divorce is during the divorce process if anything changes, you may end up having to start all over again. This is a limited option in most states and you must meet all of the criteria in order to file and be granted a simplified divorce.

Next there is the uncontested divorce. This is typically the preferred type of divorce to file. In some states, if both parties agree and are both willing to sign, a divorce can be granted without a court appearance by either party. In some states, the defendant/respondent can simply sign a Waiver and Acceptance of Service and be done. Some require a spouse to be formally served. Some states still require an appearance by at least one of the parties. The requirements vary from state to state.

Default divorce. This type of divorce requires only of the parties to sign and appear to finalize the divorce. Many people use a default divorce even if the divorce is uncontested because in some states, each party must pay a filing fee to file both a complaint/petition and a response.

Missing spouse divorce. This is much like a default divorce but the method of service is different. You must get a court order to serve your spouse by alternate means if you do not know how to locate them. You will need to provide proof to the court that you have used due diligence to locate your spouse and have been unable to. Some states allow you to serve by posting at the courthouse but most require that you place an ad with the summons in an approved newspaper for a specific time.

You cannot divorce a military member without including certain additional documents. We call this a military divorce. Military members are protected from spouses divorcing them without their knowledge when they are deployed. Service is also different for military members.

Lastly, there are annulments which are now very rare and very difficult to get. Every state now allows an uncontested divorce but there really is little need for annulment. In some states, in some cases annulment are still allowed but they tend to be much more difficult and costly than a regular divorce.

Getting an interstate divorce is just like any of the above divorces. Any type of divorce can be filed in any state.

It is important that you understand all of the types of divorce and know the laws and requirements in your state pertaining to each one.

There is a lot of information out there to help you, but it's always best to have someone with experience in the family law field assist you.

Article Source: http://EzineArticles.com/9408275

Family Law Advice: Handling Custody Arrangements

When couples decide to divorce, it not only affects the relationship between husband and wife, but it also greatly affects the children. This is a very difficult time for a family, so it is important that custody arrangements are made as smoothly as possible. The agreements will vary among individual families, but they don't have to be difficult. It is ideal to work closely with a family law attorney to ensure the agreement is as fair and straightforward as possible.

Different Forms of Custody

One of the first details to think about is the type of custody each parent will have. There are generally three types: sole, joint, and split. Sole custody gives one parent both legal and physical custody of the  children. Joint provides each parent equal time with the children with the option of sharing legal custody. Split occurs when there is more than one child and each parent takes care of the children, but not all of them at once.

Visitation Arrangements

When working with the family law attorney, a clear visitation schedule should be fully established for the non-custodial parent. It is best for parents to work these situations out themselves based on their own demands and circumstances. If a parent moves to a different state, he or she will have to have a specified visitation, since weekly visits will not be possible. Instead, an extended visit in the summer would make up for that. Holidays are another subject that needs special attention. Ideally, each parent would either rotate holidays or divide them equally.

Shared Costs

Another component of child custody is the major costs associated with the children and who will pay them. These expenses include items like health insurance coverage, dependents on tax returns, or school tuition. Keep in mind that these costs are not factored into child support payments. Both parties in the divorce should agree on these shared expenses and have the family law attorney place the finalized decision in the divorce agreement.

Power Over Major Decisions

In many instances, major life decisions will need to be made for the kids. While some decisions are not very significant and will not require the input of two parents, others will be more substantial. It needs to be clearly laid out in the divorce decree who is going to make these arrangements and whether or not the other parent will have any say. These decisions may include healthcare issues, school issues, religion, and how to discipline. It is best that both the mother and father work together for a consistent upbringing.

Keep in mind that custody agreements are not set in stone. There may be times when the arrangement  needs to be altered, so always remember to consult your family law attorney if changes need to be made. These decisions are often made during a stressful time, and it is possible to forget about some details that need to be added. In addition, life events can happen that may require major changes, such as moving to another state. The best thing to remember is to be open for the betterment of the kids.

Article Source: http://EzineArticles.com/9271839

What Kind Of Lawyer Do I Need

Litigation injury attorneys are skilled in handling a wide variety of cases when you've been wronged or need to protect your rights. There are many, many laws that may apply to your situation, both on the state and federal level -- and a litigation attorney can explain them to you. So, if you're not sure what kind of lawyer you need, its ok! Most times, a general litigation attorney can help you with your legal problem. To learn more, call an attorney in your area today.

Who Pays For Visitation? And Other Questions A Family Law Attorney Can Answer

Legal proceedings for a divorce can be an arduous and highly emotional experience, and adding children into the mix can make this time nearly unbearable. To alleviate some of the stress, it is imperative to hire a family law attorney. They are experienced and equipped to answer the hard and fast truths about divorce and custody. Here are a few of the tough questions an attorney can handle.

Can I Modify a Court Order or Judgment?

Under certain circumstances, a judgment can be changed. Custody arrangements can be altered if the child's needs change or if one of the parents has to relocate. If there is a difference in income or employment status, the court can address a previous order as well. As soon as there is an indication that a court order needs to be modified, contact a lawyer.

Will I Have to Pay My Spouse's Attorney Fees?

Whether or not one spouse would have to pay for the other's family law attorney fees varies from state to state. In some cases, if one qualifies as a dependent spouse, he or she would be entitled to lawyer fees. The status of "dependent spouse" is determined by several factors-mainly how much disposable income the person has, and whether he or she depends substantially on the other person for financial support. The traditional example of a dependent spouse is a stay at home parent. However, working parents can also qualify.

Who Pays the Travel Expenses for Visitation?

When parents live in different states, the cost of travel can become a huge expense. Judgments will differ by state, but in most cases, the non-custodial parent will pay for the child to go for court-ordered visitation. In some instances, if the custodial parent has made the decision to move out of state, the judge may order the custodial parent to handle the travel expenses. It is also possible that the court will ask both the parents to create a trip trust fund to ensure that when visitation is needed, there are resources available.

If I Lose My Job, Do I Have to Continue to Pay Support?

If a party's financial circumstances have changed in any way, they are still required to pay the agreed upon amount of support. However, it is encouraged that the affected party notify the court as soon as possible and pursue a modification to the court order. Financial hardship is a valid reason to ask for an adjustment to items like the amount of payment or payment schedule. It should be noted that until the court approves the modifications, all persons should continue to send support in compliance with the original order.

Going through a divorce or custody battle is not only emotionally taxing but also very complex. Laws differ from state to state, and they can also change. It is important to hire someone who is knowledgeable of the most current legal proceedings in the jurisdiction of the case. A family law attorney can help to navigate the proceedings and make way for a clearer and more effective experience.


Article Source: http://EzineArticles.com/9520220

Top Five Reasons Why You Need to Hire A Family Law Attorney Now

It can be difficult to understand the reasons why people end their marriages, and with a divorce rate in the U.S. of around 50%, it's impossible to pretend every wedding ends with "happily ever after." If you or your spouse has already initiated separation proceedings, here are five reasons why you need to hire a family law attorney now.

1. You Need an Objective Party

Personal relationships usually involve a plethora of subjective emotions and intimate details that are of the utmost importance to you and your spouse. If your union is troubled and coming to an end, you need someone who is an outsider in your divorce proceedings and can act as an objective party throughout the process. It is almost guaranteed that you will face complicated issues and emotions; lawyers are specifically trained to handle such cases in a fair and objective manner. This allows you to take a step back and avoid hasty decisions based on fleeting emotions. For instance, you might think it would be easiest to go for the quickest resolution when it comes to dividing property, but an experienced family law attorney can evaluate the circumstances and tell you if you should wait for a more equitable division.

2. You Need Help with Paperwork and Red Tape

Court proceedings almost always involve substantial amounts of paperwork and red tape. A qualified family law attorney will handle the complexities of the paperwork and make sure you keep moving forward toward a resolution.

3. You Have Dependent Children

If you have dependent children, custody issues are often the most challenging part of any marital dissolution. The most important goal is for the parties to agree on the arrangement that best serves the interests of the children. When issues are particularly complex, and the spouses cannot reach a mutual agreement, it is imperative to hire a veteran family law attorney who has dealt with these types of situations.

4. You Are Hoping for an Early Settlement

A lawyer with substantial experience in family matters can help you reach the most favorable settlement agreement as quickly as possible, and as early in the process as possible.

5. You Need Advice on Legal Options

Even if you simply just need advice on your legal options, having a qualified family law attorney can make a huge impact on the outcome. The issues that must be resolved in a marital dissolution include child custody, child support, property division, and spousal support. Many times during the negotiation process, parties use these issues against each other in the hope of achieving a better outcome. If you have a seasoned advisor, from the beginning you will get the right advice on what course of action you should pursue and what steps should be taken to ensure your goals are met.

If a resolution cannot be agreed upon and a trial is required, the right lawyer can aggressively represent your interests in court and work toward getting the most equitable jury verdict on your behalf.

Article Source: http://EzineArticles.com/9273867

What Happens When Your Social Security Disability Claim Is Denied?

In some cases, a patient might be denied their Social Security disability claim. While they might have the proper documentation and the proper paperwork turned in, some claims are denied for a variety of  reasons. One you can see what the possible problems in the claim might be, you can actively pursue a resubmission of your claim in order to get the disability benefits you deserve. When you can't seem to get the disability you believe are owed to you, you can then work with a lawyer in order to help you fight the denial of benefits.

Check Your Paperwork First

While you don't want to think you were denied your Social Security disability benefits because of an error on your part, it does happen. Once you are denied your claim, the first thing you should do is review the documents that you sent to the claims office. Check to make sure that your Social Security number is correct and that you filled out the forms completely. In many cases, you may have simply missed a few pieces of information and they just need to be filled in. Review your paperwork several times in order to ensure that you have documented all that you need to document, and that you are doing all that you can to support your claim.

Ask for an Explanation

If you've looked over your paperwork, but you truly can't find anything wrong with it, then it's time to ask for an explanation. Try to call or to email the Social Security disability office to see what they have to say about your claim. They should be able to tell you what isn't right on your form, though they will not necessarily try to contact you. Instead, you need to reach out when you can't seem to find the error that was on your part. Try to get the most specific instructions you can so that you can correct any mistakes on your own.

Call an Attorney for Advice and Help

If your claim continues to be denied and you feel that you are qualified for Social Security disability benefits, it's a good idea to talk to an attorney who is experienced with handling these sorts of cases. They will work with you to build a case that can then be brought to court in order to be heard. A professional Social Security disability attorney will help you get the disability benefits you are owed, and the peace of mind that you have been missing as a result.

While some Social Security disability claims are denied for good reasons, if you feel that you were denied your claim without a reason, it's time to take action. With a focus on filling out the paperwork correctly, asking for advice, and then calling an attorney, you will make sure that you have done all that you can to get your disability benefits started or restarted if they've been suddenly stopped.

Article Source: http://EzineArticles.com/6468684

Three Family Law Cases Where A Child Custody Attorney Is Necessary

There are some family law cases that may affect a child's legal rights. Most parents are eager to know if they will live with their child or if they will have a role in the raising them. Although the cost is a factor in such cases, enlisting the help of a child custody attorney will help protect the rights of all parties involved. Here are cases in which legal help is recommended to come to a mutual consensus.

1. Divorce Cases

In divorce cases, parents wonder how the visitation and support issues will get resolved. Some important points that come up include financial support, property division, and visitation. These factors determine the right approach to resolving the legal issues. In this situation, a lawyer helps the divorcing couple to reach an agreement that will benefit their kids. The couple may opt for an informal settlement negotiation or mediation with the help of a lawyer. If this fails to work, they may want to bring the case to a court of law where a judge can evaluate the case.

2. Unmarried Parents Cases

There are also cases where the parents are unmarried. In most states, the legal rights are usually awarded to the mother. However, the father can take a legal action to get some form of visitation and guardianship rights as well. The legal approach for divorce cases still applies to unmarried parents cases. The parents can decide to talk to a child custody attorney and reach an agreement. If the mother is reluctant, then the father is free to proceed to take the case to court. Unlike divorce cases, the resolution for unmarried parents is uncomplicated as there are no factors such as property division and spousal support.

3. Non-Parental Cases

Also known as third-party custody, non-parental cases are types of cases where other people aside from the biological parents may want to obtain the guardianship rights. Such people may include close family friends, uncles, aunts, and grandparents. The state usually provides the correct approach that these people can use to claim custody. A person can seek the help of a lawyer when filling the non-parental petition with a family court. The petition should address three important questions: the person's relation to the child, the state of the biological parents (living or dead) and the reason for claiming guardianship. If the parents are living, they must be issued with a copy of the petition.

Custodial cases can be complicated if the parents are unwilling to reach a mutual resolution. For this case, a child custody attorney will help address all the concerns regarding support and visitation. If either parent or both decides to take the matters before a family court, a lawyer will assist the parent in the legal process and the options they have after a court's verdict. Additionally, getting legal help in such cases helps to ensure that the children will always have the support they need.


Article Source: http://EzineArticles.com/9527085

20 Facts About Divorce Statistics

Facts About Divorce - 20 Facts About Divorce Statistics :
Fact #1. There are 100 divorces every hour in the U.S.
Fact #2. A third of all divorce filings of 2011 in the U.S. contained the word "Facebook."
Fact #3. The world's most expensive divorce was estimated at US$2.5 billion.
Fact #4. A 99-year-old man divorced his 96-year-old wife after 77 years of marriage because he discovered an affair she had in the 1940s.
Fact #5. No U.S. president has been elected after being divorced except for Ronald Reagan.
Fact #6.The Youngest Girl to ever be divorced was 10 years old.
Fact #7. The average divorcee takes almost 18 months to get over the split.
Fact #8. Couples who live together before engagement have a higher divorce rates than those who wait.
Fact #9. First marriages that end in a divorce usually last approximately 8 years.
Fact #10. Einstein's Nobel Prize money went to his ex-wife as a divorce settlement.
Fact #11. Divorce is illegal in the Philippines.
Fact #12. 75% of people who marry partners from an affair eventually divorce.
Fact #13. People who endure more than 45-minute commute are 40% more likely to divorce.
Fact #14. Phil Collins divorced his second wife by fax.
Fact #15. In 2007, A Bosnian couple divorced after discovering both had an online affair with each other under fake names.
Fact #16. Whatsapp is cited in nearly half of all Italian divorce proceedings.
Fact #17. Couples who spend more money on their wedding have a higher divorce rates, a study found.
Fact #18. Arguing about money is the top predictor of divorce, a study found.
Fact #19. Mail-order marriages are less likely to end in divorce than marriages overall in the U.S., a study found.
Fact #20. In Islam, a man may divorce his wife three times, taking her back up after the first two times.