Divorce Law And You

By: Holcy Thompson Iii

Divorce

Divorce is often a very unpleasant experience, but at the same time it can open up a whole world of new possibilities. It means the end of a marriage which you entered into expecting it to last the rest of your life - which is painful in itself. But unfortunately life doesn't always go to plan, and that's something we simply have to accept. This article will cover what divorce is and how it differs from separation, how you can go about getting a divorce and what happens after the dust settles.

What is Divorce?

Divorce is a process which legally ends a marriage. It effectively ends all legal obligations you have to your spouse which were put in place when you got married. That said, divorce can create legal obligations in its own right - for example, you may have to pay support money to your former spouse depending on your relative financial situations and your circumstances before your marriage.

This is different from legal separation. Legal separation allows you to live separately and effectively end your relationship, but in the eyes of the law you are still married. You'll have a court order which lays out your obligations to your spouse for the time you're legally separated. A legal separation is often used as a trial period so couples can see if they can work out their differences and decide if they want to move on to a divorce, which is a much more final legal move.

When you're legally separated you're still able to keep the medical and tax benefits that being married can bring, while still addressing issues like the division of assets and debt and child custody. If the legal separation is "successful" and you decide to follow it up with a divorce, often the precedents laid out by the legal separation agreement will simply be carried over to the divorce. In other words the same child custody and property division practices will be carried over.

How Do You Get a Divorce?

The rules surrounding filing for divorce differ from state to state. In general, the first step is to get and fill out the necessary legal forms, although you may want to talk with a lawyer before you do that to work out where you stand in terms of child custody, property, alimony and other important issues you're going to have to work out.

You may want to consider going through a legal separation if you're not entirely sure the problems in your marriage can't be overcome. Sometimes time apart can be enough to realize the benefits of your marriage outweigh any troubles you've been having. If you're absolutely certain problems can't be overcome (abusive behavior, for example) then you should proceed straight to filing for divorce.

If you want to avoid a court battle it's in your best interests to try to agree with your spouse on important issues like child support and property division (and trust me - legal battles are not pretty and are especially tough if you have children, so it's better to work things out peacefully). If you think you can work things out but you and your partner aren't really communicating, you can use a legal mediator to help you reach conclusions that work for both spouses.

Ending a marriage is never easy. I know I've been where you are right now. That's why I provide others with the information I wish I had known before I went through my own divorce. So stick with me and we'll get through this together.

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Shared parenting –Equal time with each parent

By: Alan Weiss

In 2006, following years of research and lobbying by various committees, the Federal Government introduced the Family Law Amendment (Shared Parental Responsibility) Act 2006. This Act established a presumption that children should spend equal time with each parent unless there were very good reasons why they should not, which the Court was obliged to consider in parenting cases.

At the time there was a lot of media coverage and discussion surrounding the impact this new legislation would have on parents and children, and how it would change the way the Court made parenting orders. Many parents expected that if they sought an order for equal time with their children, they would get it. The reality since 2006 has been less earth-shattering than predicted, however there remains an expectation within the community that the Court will grant parents equal time with their children if they ask for it.

Of the reported decisions in 2008in the Federal Magistrates Court(where most parenting cases are heard) in which equal time was sought, only 17% of applicants were successful. There were no reported decisions in the Family Court where equal time was ordered.

Why? The Court has a wide discretion to not order equal time and has refused to do so for reasons such as:

• the parents' inability to communicate with one another effectively;

• the level of hostility between the parents;

• the age of the children (the younger the child, the less likely equal time will be granted);

• the physical proximity (or lack of) between the parents' homes and the associated practicality of getting the children to and from school, etc;

• the parents' ability to agree on day-to-day matters regarding the children, such as the child's religion, health care, diet, attitude to homework and so on; and

• the similarity of rules and discipline between the two households.

The default position when applying for any parenting order is to inform the Court of how terrible the other parent is while highlighting your own strengths. Conversely, parents applying for equal time need to present everything in a more positive light. Any parent who submits evidence that they cannot agree on most things with the other parent is unlikely to be successful in an application for equal time.
The lesson to be learned from all of this is, if you seek equal time with your children, you need to demonstrate considerable maturity, mutual respect, a willingness to cooperate and a capacity to communicate freely with the other parent.

This article provides basic information only and is not a substitute for a professional or legal advice . It is prudent to obtain legal advice from a Family Lawyer when contemplating a separation or soon after a relationship comes to an end. Our family law lawyers members are able to provide you with comprehensive legal advice in relation to the all legal areas associated with separation and divorce, to assist you and your family to move forward.

We have Family lawyers Adelaide,Family lawyers Wollongong, Family lawyers Newcastle

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An Atlanta uncontested divorce is possible

By: Catherine Hopkins

Residents in the Atlanta area who are seeking or considering divorce may wish to consult with an Atlanta divorce lawyer. Often times, divorce can be a complicated issue and even an amicable divorce may quickly develop into a quagmire as both spouses seek to come to an agreement. However, with the assistance of an attorney, it may be possible to turn the tables and secure a favorable result.

Types of Divorce

Broadly speaking, there are two different kinds of divorce: no-fault divorce and at-fault divorce. In a no-fault divorce, there is no allegation or proof needed of fault on behalf of either party. However, specific rules apply to no-fault divorces, and a period of separation may well be required before seeking the divorce.

On the other hand, an at-fault divorce is where one party committed some act that is incompatible with marriage. The most common example is that of adultery, although grounds for an at-fault divorce may exist under any number of circumstances. To determine if it is possible to seek an at-fault divorce, a divorce lawyer in Atlanta can often help with assessing your legal options.

Uncontested Divorce

In many cases, the divorce may be the result of a mutual agreement between the spouses to dissolve the marriage. This is called an uncontested divorce, and it is often more cost effective and less stressful to go through than a confrontational divorce.

Typically, spouses are already in broad agreement about the terms of the divorce before consulting with an Atlanta divorce lawyer. An Atlanta uncontested divorce may thus be the best way to go, allowing the spouses to settle any remaining issues amicably as well as reducing any preexisting agreements to paper. If no dispute exists as to issues such as property division, child custody or spousal support, court involvement need only be minimal.

In Atlanta uncontested divorces, it is strongly advised to retain the assistance of an Atlanta divorce lawyer even the filing of an uncontested divorce may seem simple. In filing for a divorce and in writing the divorce agreement, it is important that any ambiguities be resolved before both spouses sign the applicable papers. Otherwise, they may have to return to court again in the future. Working with a divorce lawyer in Atlanta may thus be more cost effective in the long term.

Contact a lawyer today

If you are considering or seeking a divorce, it is often helpful to consult with an attorney from an Atlanta Divorce Law Firm to learn your rights and obligations. Moreover, the divorce process can often be complicated, and the judicial system has a language all its own that may seem confusing if not intimidating to those not well-versed in it. By working with an experienced attorney who has deep and extensive knowledge of divorce law, it may thus be possible to successfully navigate the court system with an aim toward securing a fair result. Moreover, in an uncontested divorce, a lawyer can help with ensuring that the resulting agreement is air-tight and will not cause legal troubles down the road.

Visit an Atlanta Divorce Law Firm for more information.

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Is an uncontested divorce right for you?

By: Danielle Paige

Working with a divorce lawyer in Atlanta is often a good idea for couples who are considering a break-up. Times have changed over the last few decades, and people have changed right along with them. Today, many couples are opting for an uncontested divorce when certain conditions can be met. There are some very good reasons some couples choose this type of divorce over a contested divorce.

Perhaps one of the most popular reasons couples are choosing uncontested divorces is because this type of divorce can move through the system very quickly. In many cases, this type of divorce does not require court involvement, or very little involvement. Another reason many couples choose an uncontested divorce is because in relative terms it is far less expensive than a contested divorce. And the last reason these types of divorces are as popular as they are is because they are less emotionally stressful. Couples, generally, are not adversaries when they file this way. But there are some conditions that couples must agree to before they can file for an uncontested divorce.

The most important condition is that couples must have agreed to various issues beforehand. These issues can vary but usually consist of division of martial property, division of martial assets, child custody and support issues and other issues that an Atlanta Uncontested Divorce lawyer can explain to the couple. If one spouse disputes any of these issues, then the couple cannot file for this type of divorce.

In an uncontested divorce, couples will work out these issues, often with an Atlanta divorce lawyer present, and have their agreement drafted into what is known as a divorce settlement agreement. This is a key element to any uncontested divorce as it set forth what each person is responsible for and what they are not responsible for. The settlement agreement, in effect, attempts to resolve any and all issues that are current or that might arise in the future. Because this agreement is so crucial for both parties, working with an experienced divorce lawyer during this phase is critical for the best possible results.

For those seeking an uncontested divorce, or any other type of divorce, consultation with a qualified attorney is often a good first step. He or she may be able to explain the process, answer questions and assist in drafting any settlement agreements once the couple has decided how they want to proceed with issues such a property division, child custody, etc.

In a contested divorce, one spouse must file a complaint. That complaint is then served by the sheriff to the other spouse. In an uncontested divorce, it is not necessary for the law to serve a complaint on the other spouse as long as the receiving spouse acknowledges the service. This can be very beneficial in keeping couples in a non-confrontational state of mind.

For those considering an uncontested divorce, a consultation with an Atlanta Divorce Law Firm may be the best first step to take. These professionals can answer whatever questions you and your spouse may have. He or she will also be able to help draft up the filing as well as the settlement agreement.

Even if a couple is considering an uncontested divorce, they may benefit by speaking with an Atlanta Uncontested Divorce lawyer. An experienced attorney can explain just how this type of divorce works. To learn more, visit the Atlanta Divorce Law Firm .

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How a Florida Divorce Lawyer Can Help You

By: Cofi Kingston

Divorce is a legal proceeding and one, in which, both parties involved should have the expertise of a Florida Divorce Lawyer. Divorce is a difficult time. Typically, both parties are emotional. They may not be on speaking terms. If children are involved, they may be arguing about the arrangements of the child or child support.

There are many things involved in a divorce, from the distribution of property, to the living arrangements of the children, to spousal support, if applicable.

A Boca Raton Family Law Lawyer is the expert that will handle the divorce from beginning to end. Having a divorce lawyer on your side is crucial, as from the initial filing of the divorce to the final award, things must be done properly. Depending on your financial situation, you may opt to pay a retainer to secure your Boca Raton Family Law Lawyer, or you may pay for the entire representation. Typically, a lawyer charges right around $200 per hour, so, it is not unusual for a divorce to cost thousands of dollars. The more you can come to terms with your spouse, the better you will be, as there will not be as much time consumed in your lawyer handling specific details of the divorce.

Boca Raton Family Law Lawyers

The idea of hiring a family law lawyer is to ensure that your rights are fully protected and that you have the opportunity for the best outcome. Family law is a specialized field and the lawyer should have years of practice representing clients that have divorced. Boca Raton Family Law Lawyers have the expertise that ensure that everyone involved in the case, right down to the children, are protected. There are many couples that disagree on matters involved in a divorce, including the living arrangements of children, and child support, if applicable, and having a Boca Raton Family Law Lawyer on your side is essential to ensure the best outcome.

How to Start a Divorce Proceeding
The first step to start a divorce proceeding is to seek the services of a Boca Raton Family Law Lawyer. Once you have narrowed down your search begin to call the various lawyers to get a feel for them. You should have specific questions that you ask the lawyer, including:

• Why are you an expert in family law?
• What are your credentials?
• How many years have you been practicing family law?
• What is the length of time that you expect my divorce to take?
• What documentation do you need at our initial consultation?

It is important that you know that you choose a lawyer that has the qualifications and experience to properly represent you. There will be many things that must be distributed in the divorce proceeding and many different authorities involved, and having a Boca Raton Family Law Lawyer will ensure that you have the best.

Although divorce is not easy, it is manageable, and a Boca Raton Family Law Lawyer is the expert that is on your side and will help to gain you the award that is in your favor.

A Florida Divorce Lawyer is the legal counsel that is necessary during a Florida divorce.

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Seek an uncontested divorce with the help of an attorney

By: Catherine Hopkins

Whether due to a falling out or simply a desire to move on, many Atlanta area married couples may decide to seek a divorce. With regards to divorce, there are many options available, but the most cost effective and less stressful solution is an uncontested divorce. In an uncontested divorce, the couple has typically already come to a broad agreement on the issues and is simply seeking the advice of an Atlanta divorce lawyer in reducing their agreement to paper.

Why is a lawyer need in an uncontested divorce?

Often, a couple that is seeking or considering divorce has already decided amongst themselves how to resolve issues related to property division, spousal support and child custody. Any remaining matters may be quickly dealt with and may not necessarily even require the assistance of a divorce lawyer in Atlanta. However, while an uncontested divorce is typically simple to file, it is often beneficial to meet with an Atlanta divorce lawyer before reducing the agreement to paper.

In any contractual agreement, ambiguities or vagaries may exist that may not be easy to spot. But leaving these ambiguities in the agreement could lead to substantial litigation in the future as the spouses seek to enforce their understanding of what was signed. An Atlanta divorce lawyer, though, has experience in dealing with these kind of documents and can help the couple with creating an air-tight agreement. As a result, seeking legal assistance in an uncontested divorce may actually be more cost-effective in the long-term.

Divorce mediation

In most cases, even though the couple has come to a broad agreement about property division, spousal support and child custody, it may still be necessary to iron out any fine points. With respect to these issues, an Atlanta divorce lawyer may be able to provide mediation services when the couple is not able to come to an agreement between themselves. In such instances, divorce mediation is often preferable to court involvement as going before a judge can dramatically increase the cost of divorce as well as lead to uncertain results.

An Atlanta Divorce Law Firm can help

An Atlanta Uncontested Divorce is more cost-effective, less stressful, and often leads to better results than a confrontational divorce. Couples seeking or considering divorce in the Atlanta area may thus wish to meet with an Atlanta divorce lawyer to determine if an uncontested divorce is possible as well as assess their rights and obligations before committing to a divorce filing.

Atlanta divorce law firms often have experience with a number of different kinds of divorces, and they can utilize this knowledge to your benefit. A divorce lawyer in Atlanta can help in creating an air-tight agreement that dissolves the marriage with little or no ill-will between the parties and without leaving any ambiguities that could create legal problems in the future. Furthermore, any disputes that remain between the parties before they are able to come to an agreement may be resolved with divorce mediation, thus avoiding the need for costly litigation and court involvement.

Thinking about an Atlanta Uncontested Divorce? Visit an Atlanta Divorce Law Firm.

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Abandonment Divorce

By: Matt Scultz

When applying for a divorce there has to be a valid reason for the parties to formally request dissolution of their marriage. Therefore, if you just wake up one day and decide you can't be with your partner may not be a valid logic. The grounds for divorce can be dichotomized in to fault or no-fault divorce however, the content of this article will seek to enlighten its readers regarding Abandonment Divorce and the exact legal dynamics involved in the matter.

Abandonment or desertion divorces are one of the many grounds for requesting dissolution of the marriage and it generally means that one spouse decides to abandon the other for no specific reason. The spouse then starts living somewhere else and does not intend to return back to their partner. Although, state laws may have a different definition of abandonment or desertion and may vary in their methods of dealing with the divorce but the aforementioned definition is the most widely accepted one. Abandonment or desertion is often considered to be in the same category as no-fault divorces as some couple may just decide part ways after spending some time apart from each other but there are various implications in that regard.

In a no-fault divorce the proceeding are usually done in a manner that none of the parties are blamed of any wrongdoing in a marriage. However, some clients may still apply for an abandonment divorce that is not considered to fall under the no-fault category you must get your lawyer to prove the fact that it was your spouse, who wanted to end the marriage and there has been significant amount of misconduct on his part. Some states require the parties to present proof that shows your spouse's intent and it may also be contingent upon the legal structure of the state when it comes to dealing with such cases of divorce.

In order to prove your spouse's desertion there are certain things that must be taken into account to further strengthen your case, you need to present the proof regarding the physical absence of your spouse, their lack of support financially and their refusal to fulfill the spouse's conjugal rights in the absence of a valid reason. As mentioned earlier, there needs to be substantial proof that shows the spouse's intent and in this case there needs to be more evidence that shows more than their desertion.

As mentioned earlier, there should ample amount of proof that shows that your spouse left you without a valid reason and some states even require you to show that the other spouse actually made significant efforts to save the marriage. Another key element is the time that has lapsed ever since their abandonment and if the spouse has abandoned the other person for a long period of time and there is no room for reconciliation then the marriage contract becomes void but there is a condition that the abandonment should be continuous. Under such circumstances it is advisable for the client to reach a legal expert as soon as possible and get the best advice that fits the situation.

Spousal Support Lawyer and Abandonment Divorce represent clients both in and out of the courtroom.

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Dating After Divorce

By: Holcy Thompson

Dating after divorce

Dating after divorce can be a huge challenge. After you've gone through the difficult, painful and often financially costly process of a divorce, it's easy to feel like the thought of dating again is too overwhelming. While it's fine to "take a break" from relationships and rediscover who you really are without your former spouse, it's also easy to get into the habit of being single - a habit which ends up being hard to break. On the other hand, you may be excited about the sense of freedom your divorce has given you and you're ready to get out there - but you're not sure how. Either way it's a good idea to push yourself and make an effort to socialize more. Here are a few tips you can use to make dating after divorce easier and less awkward than it might otherwise be.

Make a Commitment to Getting Out There

One of the most important things you can do when you're trying to get back into the dating scene is to make a commitment to how many social events you'll go to each week. Even if you only go out once a week, you need to have that minimum commitment there and stick to it. Why is that? Because if you don't stick to your commitment to get out there, you'll end up on a slippery slope.

Every time you say to yourself, "Oh, maybe I'll just stay in tonight with a movie and a glass of wine," you're setting up a habit of staying home. Not that there's anything wrong with nights like that - but the point is, the more you "let yourself off the hook" when it comes to socializing, the more you'll stay home in the long term. As a result you'll have fewer new experiences and you won't meet as many new people, which means fewer dates and less chance of finding someone you really connect with.

Have Some Fun

Another important part of getting back into the dating scene is your attitude. You shouldn't take the whole thing too seriously and don't head out there with the feeling that you need to find a new long term relationship to replace your marriage as soon as possible. If you go out with that outcome in mind you're likely to end up creeping people out. Even if others are also looking for a serious long term relationship, if you come on too serious and strong it will make you appear needy, which is unattractive. Have some fun, meet a variety of people, try dating a few people who are not your usual "type" and don't rush into anything too serious.

Date Other Divorcees

Although you don't want to limit yourself to dating only other divorcees, this can be an easy way to get back into the dating scene and it's smoother in a lot of ways than dating someone who has never been married. That's because other divorcees are going to understand exactly what you've been through and your state of mind.

It's also relatively easy to meet other divorcees because many of them are into online dating. You can find many of them on mainstream dating sites and there are also specialist dating sites now designed specifically for divorcees.

Ending a marriage is never easy. I know I've been where you are right now. That's why I provide others with the information I wish I had known before I went through my own divorce. So stick with me and we'll get through this together.

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A Toms River Divorce Attorney - Acquiring the Most Effective

By: Jill Palisi

As a result, the two sides seek the services of divorce attorneys and settle it in court in front of a decide. In a very nutshell, the divorce lawyer you select have to possess a regular good results record in and out of court. It is simply because divorce regulation in just about every state has its possess peculiarities. A very good divorce lawyer knows accurately ways to take you through the intricate legal technicalities and make certain that your rights are guarded in any respect situations.

There are, nevertheless, some stuff you must know to be able to prevent or decrease the difficulties involved in divorce. Just about every circumstance is different. When you choose a great divorce lawyer in your prerequisites, look at if any places of divorce require unique practical experience. People need to generate a authored arrangement using the attorneys in the event of Circumvention. It may possibly be a tough stability understanding what to do about your hourly billing pace and recognizing also how to proceed in regards to the first retainer as a way to cover court charges as well as the preliminary costs. It's actually wonderful to find out triumph reports related to selecting a Toms River divorce lawyer. Meeting along with your divorce attorney offers you a great opportunity to gauge their level of know-how and it helps you thrash out terms and disorders. Typically, divorce attorneys charge from a person hundred dollars to 5 hundred bucks per hour. Certainly, in the event you determine to seek the services of an employee or one more divorce lawyer, they should really be capable to guide you in carrying out this unless you're feeling relaxed plenty of that you simply usually do not want a 2nd view. It is excellent to take into account an impartial view in regards to the competence with the lawyer. Various regular people will go many years or perhaps a life time lacking the necessity for a Toms River divorce lawyer. Provided you are digesting this editorial, this is clearly not the case.

Not surprisingly, selecting an incompetent or badly certified legal professional is nearly as bad as not obtaining a divorce lawyer; so be sure you test the qualifications previous to hiring them. Even though a divorce can be a unpleasant encounter that some people should endure, you can find consolation within the simple fact that you will discover divorce lawyers in existence who, besides getting knowledge and knowledge, also present low price divorce and who're also eager to aid individuals get as a result of this crisis. Remember to take time to sufficiently explore a Toms River divorce attorney before making the contract to buy. It consists of emotional and monetary draining and in a few situations, gets inescapable.

Please don't lose interest in Toms River divorce lawyer.

Retain the over variables in intellect as they solution your issue - tips on how to find a divorce lawyer? A different massive cause of a divorce lawyer to need to offer an alternate usually means of billing for things including photocopying, gasoline, car or truck charges, mailings, and any other comfortable prices is usually that it might be particularly time-consuming to own to track each individual expense and itemize it for your shoppers.

Just before employing a legal specialist, you should definitely be knowledgeable of his earlier cases as well as their results. The second a person thinks about a Toms River divorce attorney, a person will certainly check out the whole set of prices in relation to one.

Please don't forget about a Toms River divorce lawyer. This complicated challenge brings about a whole lot of ache as persons when picking marriage; will not picture this sort of situation.

You probably have thought to yourself, "Really, I can seriously use a Toms River divorce lawyer".

The initial action you'll want to do any time you want to obtain a divorce attorney will be to check around for the very best attorneys and bear in mind that not all legal professionals are established equal. It pays to get decisive and as soon as you assume a particular divorce lawyer is right for you, it only involves signing the price arrangement and letting the lawyer just take it from there.

Some scan the planet large website wanting for some low-cost divorce on the web internet sites.

On the other hand, by selecting an expert divorce lawyer, you're going to get to find out about your correct legal rights and obligations. The fact is, couples that try handling a divorce circumstance with no employing a divorce attorney will in many conditions finish up struggling with disastrous situations. Always base your conclusion on personal suggestions from buddies or spouse and children. Whenever issues, which include this are involved, it really is constantly excellent to have another person through the outside that is certainly involved.

40 out of every thousand men and women questioned reveal it is always a proper idea to consider Toms River divorce attorneys. Like most points, your homework while in the commencing can help you save you from lots of difficulties in the foreseeable future.

Toms River divorce attorney are really sprouting up in a good number of regions. Everyplace you look these days you will, no doubt locate a Toms River divorce attorney in the event that you consult ample individuals.

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Quick Divorce Miami -- 4 Myths About Divorce Mediation

By: Micky Jaany

Are you looking for a quick divorce in Miami? Then I'll tell you what many people have probably already told you before -- hire a divorce mediator. But if you have doubts about divorce mediation, this article will debunk four of the most common myths about this relatively new practice.

Myth #1 - Mediation Is Like Marriage Counseling.

I'll say it once and for all -- mediation is NOT marriage counseling. Divorce mediation operates on the assumption that you, and your spouse, WANT the divorce. And so it works towards quickly and conveniently reaching a compromise that both parties are happy with.

Your Miami divorce mediator will take your needs and expectations from the divorce, and then impartially compares them with your spouse's. Then, taking the divorce laws of Florida into consideration, your mediator will craft a settlement that both you and your spouse will find acceptable.

Myth #2 - Mediation Is An Unnecessary Expense.

It's a given that divorce is expensive. When done the "usual way," you'll have two lawyers (yours and your spouse's) battling it out in court, with their endless debates and adversarial letters going back and forth for over a year. As your legal bills pile up, why add the cost of mediation to the mix, right?

Fortunately, that's not how it works. Hiring a divorce mediator actually happens BEFORE you go to the courts. Couples who do so can look to save up to $12,000 or more, because they don't need the services of their lawyers yet while the divorce mediation sessions are going on.

Myth #3 - Mediation Only Delays The Inevitable.

Sure, divorce is inevitable between you and your spouse. But hiring a divorce mediator is hardly a delay! In fact, since divorce mediation avoids the usual confrontation and endless debates, it actually saves time by helping you and your spouse reach an agreement much more quickly.

The average time required by a divorce mediator to help couples reach amicable settlements is 90 days -- 15 months less than what the courts usually take to do the same! Your mediator will ensure a quick divorce in Miami by helping you and your spouse reach an agreement, drafting it up, and then forwarding it to your lawyers to be finalized with the courts.

Myth #4 - Mediation Is Discouraged By The Legal System.

Yes, some lawyers disagree with divorce mediation, and insist that the legal system is still the best venue to process divorce cases. We can't blame them for saying so -- after all, they make much of their living processing divorce cases!

But today, Miami courts actually like divorce mediation. Since they won't have to sit through months and months of debates, they speed up the processing of other cases. What's more, divorce mediation is also recommended by lawyers who sincerely care for the well-being of their clients and their families.

Want A Quick Divorce In Miami?

The answer is simple -- find a good divorce mediator! The best ones out there have been doing it for quite a while, have good knowledge of the Florida legal system, and have a long list of satisfied clients in their portfolio.

If you need best family mediator for Miami Fl divorce, then Our practice specializes in Un-Contested and Contested divorce mediation. To get more details about Miami divorce please visit our website.

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New York Centre For Divorce

By: Jesse Muriel

The New York centre for divorce and mediation offers a range of services about family relationships. Each of it plays a vital role giving more space to lead a complete happy family. Their service includes couples therapy, divorce and recovery, psychotherapy, psychoanalysis, collaborative divorce and mediation services. These services range with experienced professionals from the centre of divorce and recovery and the professional divorce and mediators in New York.

The peaceful forms of life are seen with the help of NYC divorce. It brings the complete solution to family relationships, thy helps to overcome the stress, strain and pain passing these days. Their situations are mastered by professionals with thorough analysis and starting with counseling. To get the solution for the problems, counseling in New York centre helps the couples to decide their commitments and responsibilities.

Individuals passing through a complex stage of life with destructive behavioral patterns, imbalance state in work and relationship with repeated failures are guided with the expert therapists in New York City. They can overcome such conditions with two experts and should have a consultation with psychoanalytic psychotherapists.

NYC therapists, psychoanalysts and psychotherapists play the key role with analyzing the person’s strange conditions and problems under certain sessions according to their impact. Psychoanalysts connect the person with three to four sessions or sometimes five sessions a week, thoroughly analyzing their background and feelings. While connecting often helps the person to express out freely and could come out of their problem shell. Psychoanalysis is more helpful to fight the person’s negative feelings and emotions. The sessions are proceeded with psychoanalytic psychotherapist’s consultation, where it helps the individual to express out and know their right way of life.

Marriage counseling in NYC helps the person to know oneself. It is very much important as it helps to avoid negative marriage complications like divorce or misunderstandings. With couples getting started with marriage counseling will have a very good understanding to life on a broad spectrum. Added to it, they are able to gain the best relationship with better understanding and good level of adjustments. Adjustment and patience is widely necessary, which they are advised to master in every phase of life.

NYC psychotherapy is the different approach to the people is the first step of consultation with the psychotherapists. After a consultation the patient is proceeded with further reference where they should offer all the necessary details including the insurance coverage. Soon, they are guided to solution on a unique way.

New York Divorce Mediation professional divorce mediators in New York help couples negotiate their divorce or separation. We are offering and help in NYC Counseling, Divorce NYC and NYC Therapists.

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How Couples Could Benefit From Mediation

By: Francis Portisford

So often we hear about how high the rate of divorce is in both the United Kingdom and the United States. Divorces can be emotional, time consuming, and expensive affairs. More than ever, couples are being encouraged to use mediation services in order to solve their difficulties, in order to avoid all the difficulties of a divorce.

When emotions are running high and couples don't know how they can possibly make things work anymore, divorce can seem like the only way out. Communication is the key to all good relationships and when communication breaks down, relationships tend to break down too. Mediation services are great because they teach you how to talk to each other about how you're feeling in an open and honest fashion.

It can be difficult to talk about our feelings, even to those who are closest to us. Having difficult conversations can be uncomfortable, and sometimes we need a helping hand. Despite the fact we are arguing with our partner, we generally don't like upsetting other people.

Conflicts between loved ones can be particularly difficult to handle because relationships are so steeped in history. Mediation is future focused, so an independent mediator will attempt to move the relationship forwards rather than allowing the couple to dwell on past events. Bringing up old arguments and past mistakes does not resolve anything and is no basis for a healthy relationship.

This is one fundamental way in which mediation and divorce differ. Divorce courts do not accept 'irreconcilable differences' as a valid reason for couples wanting to split up. They instead insist that fault is blamed on one of the parties involved. This is perhaps why mediation is becoming such a popular option for arguing couples. Divorce is not as simple as one person being wrong and the other right; it is infinitely more complicated than that.

If children are involved, then mediation could be useful for a couple as well. If talking about your differences doesn't solve them, it could at least bring some civility to proceedings. If you still decide to divorce then it is best to do so in a civil manner, so the children are not left feeling anymore confused and upset than they need to be. Deciding on how often children are to be seen and who stays with who is another big issue when it comes to divorce, and it is better if this can be settled outside of the divorce courts in order to avoid as much distress as is possible.

Ultimately, divorce sometimes is the only option for some couples. However, it is certainly better to do everything in your power to attempt to reconcile the relationship outside of the court room to begin with.

Independent mediators provide help for a variety of different disputes. If you think workplace mediation could help you, then Mediation at Work could be the mediation group for you.

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Just how the Family Law Court concludes a contravention of a parenting order

By: Alan Weiss

A person, who fails to abide by a parenting order, may be in Contravention (violation) of parenting orders.

Every time parenting orders are made by either the Family Court or Federal Magistrates, there's an requirement that all parties must follow the orders. For example, a parent has a positive obligation to inspire a child to spend time with the other parent (if this is specified in the order).

In Parenting Orders, there are typically issues with failing to attend, failure to comply and, for example, arriving late or early for changeovers.

In these cases the party alleging non-compliance can file an application for "contravention" of the Orders.

Generally speaking contraventions are technically difficult legal arguments, and recent amendments to the legislation places an obligation on the party bringing the contravention to set out or indicate what actions can be taken to assist to remedy the situation and prevent further complications.

Before filing an Application for Contravention of Orders, you should think of the end result that you might want to attain and the available alternatives you have:
• attending dispute resolution
• getting legal advice
• applying to a court.

Attend family dispute resolution

Community-based family dispute resolution can help you and the other party work through your disagreement. Resolving issues this way is less formal than going to court and should cost less in money, time and emotion. Also, since both parties are involved in shaping an alternative, it enhances the chances that an agreement will be long-lasting.

You and the other person can attend family dispute resolution before filing a court application. If an agreement is reached, you and the other person can make a parenting plan or apply to court for consent orders.
Should there be a history of family violence, it may not be correct to attend family dispute resolution.

Note: A parenting plan is not a legally enforceable agreement. It is different from a parenting order, which is made by a court and is legally enforceable. You should get legal advice about this.

Get legal advice

You should get legal advice before deciding what to do. A lawyer can help you understand your legal rights and responsibilities, and explain how the law applies to your case. A lawyer can also explain and help you reach an agreement without going to court.

Apply to a court

If you cannot reach an agreement, you may consider applying to a court for orders. Going to court is often a stressful time for many people. It can also be expensive and time consuming. However, sometimes it may be the only way to deal with a dispute.

A court can impose an order to compel you to abide by the order. It also can vary an order to ensure all people bound by it comply with the order in the future.

What exactly is reasonable excuse?

If a court decides a person has contravened a parenting order, it will consider whether the person had a reasonable excuse for contravening an order. Some examples of reasonable excuses that may satisfy the court include:

1. the person didn't grasp the obligations imposed by the order, or
2. the person reasonably believed that the actions constituting the contravention were important to protect the health and safety of a person, including the person who contravened the order or the child, and
3. that the time of the contravention was not longer than was necessary to protect the health and safety of the person who contravened the order or the child.

Standard of proof - 'beyond reasonable doubt'

The decision of a judge or federal magistrate in family litigation must be evidence based. The more serious the allegation or more improbable the supposed event, the stronger the evidence has to be before a court concludes that the alleged event occurred.

Except for more serious contraventions or contempt, a party must prove the allegations or facts relied on to the court's satisfaction on what is called ‘balance of probabilities’. The alleged fact must be more than merely possible; it must be more likely to exist than not. Thus, where the allegation is that one party has not complied with a court order, the alleging party (the applicant in a contravention case) must establish that it is more likely than not that the alleged breach occurred.

In the most serious contraventions, including contempt, a court will not find the case proved unless it is satisfied that all the essential facts have been established ‘beyond reasonable doubt’. This is the same standard required in criminal matters. In general terms it, means that the truth of the allegation must be the only reasonable explanation for what has occurred.

Contraventions are split into four categories

Contraventions are split into four categories, and depending on the contravention, the Court can specify the remedy or action that can be undertaken.

Contravention alleged but not established (Subdivision C): the Court may order the person who has bought proceedings, to pay some, or all, of the other person’s costs.

Contravention established but reasonable excuse for contravention (Subdivision D): if the Court has found that a contravention of an order was established, but there was a reasonable excuse for the contravention, then an order can be made to compensate the person for the time that they did not spend with the child, or oblige the party who is in contravention, to pay some or all of the costs of the other party.

Less serious contravention established without reasonable excuse (Subdivision E): in circumstances where the Court has considered a contravention to be less serious, it may issue an order that can include some, or all of the following directions:

1. the party who committed the contravention is to attend a post-separation parenting program;
2. make a further parenting order that compensates the person for the time that they did not spend with the child;
3. allow the parties to make an application to vary orders;
4. require the person to enter into a bond;
5. make an order for compensation for any costs incurred as a result of the contravention (eg. travel expenses);
6. require the person to pay some or all of the other party’s costs.

More serious contravention established without reasonable excuse (Subdivision F): if a party displays a serious disregard for their obligations under the order through their behaviour and a serious contravention has been established, the Court must then make an order to the contravening party to pay all of the other party’s costs.

Furthermore, the Court may:

1. subject the person to a community service order;
2. require the contravening party to enter into a bond;
3. make a parenting order that compensates the person for the time that they did not spend with the child;
4. order the person to pay a fine;
5. sentence the person for up to 12 months imprisonment;
6. make an order for compensation for any costs incurred as a result of the contravention;
7. order the person to pay some or all of the other party’s costs.

We have Divorce lawyers Brisbane,Divorce lawyers Melbourne, Divorce lawyers Sydney that are always ready to help you instantly.

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Satan And No-Fault Divorce

By: Edward Mrkvicka

No-fault divorce was introduced to the world by Russia in 1917. Prior to then the church defined the boundaries of marriage and family life, and because God hates divorce, divorce was virtually unheard of. But after the Communist Revolution, the State, by instituting an easy path to the destruction of the family, was then able to keep political control of the very people they "intended" to free; i.e., instead of turning to whatever church or synagogue they attended regarding their marriage, people now had to turn to the government, thereby giving the State immense power and control it didn’t have previously.

So out of the birth of Communism was born no-fault divorce.

No fault divorce was instituted in America in California in 1970. As of today, all 50 states are no-fault states. Meaning that should one wish to divorce his partner, the person he swore he would be faithful to until death, he can simply walk away without having to prove said person did anything wrong. And people wonder why marriages are in trouble -- they are in trouble because as a society we treat them as if they have no value whatsoever. The marriage contract is no contract at all -- it’s a whim.

A simple fact of life -- by making marriage worthless, we’ve made it too easy to just walk away rather than fight to keep our word and save our family. People get married today while saying, "Well, if it doesn’t work out we can always get divorced." With that attitude, it is no wonder most marriages fail.

Americans will sue anyone for almost anything. We won’t allow injustice, real or perceived. We want every contract, verbal or written, enforced to the "T," but want our marriage contract destroyed almost instantaneously because we feel like it, or we’ve found another "soul mate." Again, marriage is no longer revered, because as a society we no longer give it meaning or reverence.

And the children of divorce are harmed beyond what we were at first told by so-called "experts" in the early ‘70s. Back then it was argued that it would be better for kids if they weren’t raised in an unhappy home, even if that meant they would, in effect, lose one parent in the process. Of course, time has revealed the lie. In my book, "No Innocent Affair," I offer statistics regarding children who lose a parent to divorce, and they are staggering. They are a disgrace. If anyone else did to our kids what divorce does, we’d rightfully scream "child abuse!"

Perhaps the best way to understand the wrongness of no-fault divorce is to invent a situation where the ridiculous illustrates the sublime.

Allow me to introduce Mr. and Mrs. X -- the wife is a good woman who has made every human effort to be the perfect wife and mother. The husband is a quasi-alcoholic who abuses his wife mentally and verbally. He is also chronically unfaithful, and at one point gave his wife an STD he caught who knows where. He is, by any and all standards, a terrible father to his innocent children. He spends much of the family finances on a gambling problem. About six months ago he left the house to live with his latest girl friend. His wife, on the other hand, has gotten another part-time job to feed the family -- is still faithful -- remains a good mother…and now, in addition to her motherly duties, must be a father to the children her husband abandoned. The husband files for divorce citing "irreconcilable differences."

And how will they be treated in family court (an oxymoron if there ever was one)? The same. I hope you’re starting to feel uncomfortable with the concept of no-fault divorce, because here’s the truth. When there is a divorce, someone is at fault. And fairness should dictate that the person who is responsible be held accountable, while the victim, the person who has kept his or her end of the bargain, be held harmless. But the courts see both innocent, both guilty.

It should also alarm us that the profiteers of no-fault divorce are lawyers. They championed the no-fault concept in America knowing full well that they were creating a growing and profitable pool of clients that would never end. Prior to no-fault divorce few lawyers in a community could survive by practicing family law alone. But with no-fault divorce, the majority of lawyers are in that very business.

So we have a historically revealing trend. No-fault divorce benefits the State and lawyers at the expense of families. Now who might want such a scenario? The obvious answer is Satan. He is the one who wants marriages destroyed, and what better way than to grease the skids, thereby making divorce as easy as falling off a log.

America has always had as its backbone the strength of its families -- but those days are gone. How sad God must be at our folly, as the Bible says, "For the LORD God of Israel says That He hates divorce, For it covers one's garment with violence," Says the LORD of hosts. "Therefore take heed to your spirit, That you do not deal treacherously." (Malachi 2:16 NKJV)

On one hand we have a law conceived by ruthless Communists and now prosecuted by greedy American lawyers. On the other hand we have our loving God.

And we are paying the price as a nation, because we have chosen the former at the expense of the latter.

Edward Mrkvicka is a lay minister and counselor, and life-long Bible student.

His efforts on behalf of families, understanding adultery, and the devastating effect of divorce on children have earned him a United States Certificate of Special Congressional Recognition "in recognition of outstanding and invaluable service to the community."

His most recent book, "No Innocent Affair: Making Right the Wrong of Adultery," is available at bookstores and Amazon.com.

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Divorce Law: Factors That Determine Child Support

By: Stephanie Patcher

The amount owed for child support by the non-custodial parent is determined the state. Therefore, each state has their own guidelines for this matter. Gross income or net income could be used in the formula for calculating child support. Either net income or gross income is used as a part of their formula. Typically, an important element in most cases is the percentage of income that each parent was able to put into the marriage.

If a parent receives non-wage benefits from their employer, then it could be considered income. An example for instance is having access to a company car to do business.

If the parent ordered to pay child support is already paying support for previous divorce, then typically that amount will be deducted from their income. This is assuming that the support payments were organized in court, and not in an uncontested divorce where an arrangement was made between the two spouses. Also included is the child's health insurance costs. Should any out of pocket medical expenses incur, then more child support could be added.

If the child has any special needs, then this may increase child support as well. For instance, if he or she is handicapped, is gifted, or needs special education, then the basic support would call for covering at least a portion of these expenses. Visitation expenses are generally divided between the two parents.

The more time the non-custodial parent gets to spend with their children, the more child support he or she will have to pay. In situations of extensive visitation or shared custody, the amount paid will be less.

The state's guidelines ultimately dictate how much child support is awarded. However, this amount could be decreased or increased if extenuating circumstances are in place. A judicial determination will have to be made in this regard in order to overrule the guidelines.

Can the terms of an existing child support change? The answer is yes, assuming that the two parents can agree to the modifications. Though, the judge will have to approve the modifications before they can become official. If only one parent wants changes, then a hearing in court will take place. Here, an argument can be made as to why the terms should be altered. Typically, the courts won't allow for changes to occur unless

something rather substantial has taken place. For instance, if for one reason or another you couldn't afford to make the payments, then it might change. On the other hand, if your pay increases because you got a better job, your payments could increase.

Read More: Divorce and Family Law, Save My Marriage Today, Where To Find Divorce Papers

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Divorce can be cost-effective and fair

By: Catherine Hopkins

For those living in the Atlanta area and considering or seeking a divorce, the assistance of an Atlanta divorce attorney may well prove to be invaluable. The court system is often a complicated process, requiring the timely and proper filing of documents as well as a set of rules and procedures that may seem utterly foreign to those not well-versed in the system. However, with the assistance of an Atlanta divorce lawyer, a couple considering divorce may be able to successfully navigate the system with an aim toward a result that is cost-effective and fair.

Seeking a cost-effective divorce

Divorce in Atlanta and across the nation has a reputation for being expensive, both in terms of money and of time. However, it does not need to be that way. There are cost-effective solutions to the dissolution of marriage that are often not only beneficial to one's pocketbook, but also beneficial to one's mental health. That is, a cost-effective divorce is more likely to lead to an amicable divorce than one in which money becomes a central problem.

The most common example of a cost-effective divorce is an uncontested divorce. In an uncontested divorce, the spouses have already come to an agreement to dissolve the marriage - sometimes even before one spouse meets with an Atlanta divorce lawyer. This agreement may also be broad in nature; that is, the couple has already agreed to many of the issues that can become troublesome in a divorce, such as property division, spousal support, and child custody.

If a couple has not reached a broad agreement on these issues but still agree on the divorce itself, divorce mediation may be possible in an Atlanta Uncontested Divorce. With the assistance of a divorce lawyer in Atlanta, the couple can sit at the table together and come to a resolution on the issues in dispute without the involvement of a court. By not involving a court, divorce mediation is often not only much less expensive, but it is often more predictable and less stressful as well.

Seeking a fair divorce

Often times, a divorcing couple may disagree as to a number of issues, and what seems fair to one spouse may not seem fair to the other spouse. If not handled properly, this could put an otherwise amicable and uncontested divorce in a long, complicated court proceeding. This would mean that the underlying issues would be decided by a judge, who has no relationship with either spouse and who may not have a good understanding of the personal issues involved.

But with the help with an Atlanta divorce lawyer, it may be possible to seek out a fair divorce. This can be done through divorce mediation, allowing both sides to negotiate with one another to achieve a result that is to the mutual satisfaction of both parties. An Atlanta divorce lawyer can then reduce the agreement to paper, as well as identify any potential ambiguities that if left unresolved could lead to costly litigation in the future.

Find more information about an Atlanta Uncontested Divorce.Contact an Atlanta Divorce Law Firm.

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Florida Divorce Lawyers and the Role They Play

By: Cofi Kingston

Divorce is never a pleasant situation, no matter how well the couple is getting along. There are many things involved in a divorce, from the distribution of the couple's property, to the arrangement of the children, if any, and it is a time that is quite stressful for many individuals. A Florida Divorce Lawyer should be sought, to ensure that you have the best representation and that your rights are fully protected in the court of law and that the rights of your child / children are fully protected, as well.

Divorce When Children are Involved.

When children are involved in a divorce case, it is important that both parents do everything they can to keep the child from being put in the middle and hurt. It is not uncommon for one parent or the other to use the child as a bargaining tool. A Boca Raton Divorce Attorney will ensure that they child is not used, and that the child's rights are protected, as well as, their client.

The Boca Raton Divorce Attorney will do everything possible to ensure that the best possible living arrangement for the parent and child are reached. There are many factors that will be weighed to determine the best for the child.

The Boca Raton Divorce Attorney will also have the role of having child support awarded. Here to, there will be many factors taken into consideration, such as, education, daycare, clothing, housing and so on.

Finding a Boca Raton Family Law Lawyer

When you begin your search for a Boca Raton Family Law Lawyer, you will have a variety of sources. You might have a friend that suggests a Boca Raton Family Law Lawyer that they were happy with, or you might access the Internet, or open the phone book. All are great sources to find a good Boca Raton Family Law Lawyer. You do, however, want to make certain that you choose a lawyer that has years of experience in the field, as expertise in divorce law is necessary.

Starting the Process of Divorce in Florida

When you begin the process of divorce, you should start by seeking a Boca Raton Divorce Attorney. This will ensure that you have the smoothest divorce process possible. A Boca Raton Family Law Lawyer is the expert in representing clients in and out of the courtroom in a divorce procedure. From the first filing to the final award, each step in the process must be done properly, or you may not have the outcome you hope for.

The Boca Raton Family Law Lawyer will talk to you regarding your case, and the outcome you are hoping for. You will be required to present documentation that supports your case and that will be used in your case, such as, debts and assets, wills, trusts, tax returns, bank account information and employment statements.

There are many reasons to choose a Boca Raton Family Law Lawyer, and the first, is, to ensure that you have the best possible chance of being awarded the outcome you seek.

A Florida Divorce Lawyer is the advocate and legal representation that is on your side during a divorce proceeding.

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Why Divorce Is So Unfair for Children

By: Susan Colby

Whatever the reason for a couple to divorce, the effects on children can be harmful.

Children love their parents equally and whatever the reasons for a husband and wife to want to end their marriage and go their separate ways, it can not be forgotten how this will impact and affect the children.

Children are hardly ever to blame for a marriage failing. And often they are the innocent victims who lives are completely changed because their parents have decided to split up.

If a marriage is ending because a one of the couple has been unfaithful, the children had no part in this and yet are expected to take sides and willingly accept that their parents will no longer be living together and that the family unit has broken up. Add to this the unimaginable thought of the children having to live with one parent and seeing the other parent on alternate weekends, and you can see how this would badly affect most children especially those who are very small and don't understand what is going on around them.

Many parents fail to appreciate and understand that their children continue to be affected by this family breakup for many years to come.

Whilst the husband and wife have adapted to being separate, and possibly might have met other partners as time goes on, children still cling on to the hope that their parents might one day get back together again.

They don't want to see a stranger in their father's place or another woman with their father. These things can be disruptive especially for young minds and can cause resentment and loathing in children towards the parent who has wronged as well as to the new partners of both parents.

Studies also show that the effects of divorce on young children tend to lead to lower marks at school, mood swings and disruption in the lives of those children whose parents had divorced.

The effects of divorce on children can be devastating and long-term. If you are desperate about saving your marriage from divorce, visit www.affairtherapy.com and get the information and help that you need.

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Experienced Divorce Lawyers

By: Russell W. Ray Pllc

Undergoing the processing of separation and divorce from a spouse is an emotionally and financially troubling time. If you have been considering separation from your spouse it is essential that you contact an experienced divorce attorney as soon as possible. Obtaining a knowledgeable divorce lawyer before the divorce process will ensure the best possible outcome for both yourself and for your family. Russell W. Ray PLLC, is a law firm operating in both the D.C metro as well as the northern Virginia areas. Their skilled and compassionate attorneys have helped countless individuals in a variety of unique divorce proceedings including cases involving child custody, equitable distribution, spousal support and even military divorces.

Remember that your lawyer is responsible for much of the coordination between you the court and your spouse's attorney to insure that everyone has accurate information you must begin by providing specific information to your attorney. When you decide to undergo the process of divorce here are some things to remember. You should make a list of any questions, issues or concerns you may have surrounding the divorce. These might include child custody issues, spousal support inquiries or other information surrounding why you are seeking a separation. This information should be as specific as possible, and include accurate time frame of events. In addition you should compile important documents before hand as many things will need to be filed immediately. You should be actively involved in your divorce proceedings so if your divorce attorney begins referring to things in a legal jargon that is confusing to you do not hesitate to stop and ask them to clarify using layman's terms. Another important thing to remember is to be respectful when talking to your divorce lawyer. They understand how emotional frustrating divorce proceedings can get especially when issues such as child custody and child support come into play. However getting angry at your child support lawyer will not help matters remember they are working for your best interests as well as the interests of your children. Lastly, make sure you have a reliable way to contact your lawyer, some individuals may prefer phone calls while others like email during your initial consultation you should solidify which method is preferred so you can get a hold of your lawyer in case any new developments emerge.

Russell W. Ray PLLC, understands the complexities that surround domestic cases and has experienced divorce attorneys that are willing to help you complete your divorce proceedings in the easiest way possible. While they strive to settle matters in a mediation type setting their practiced attorneys won't hesitate to zealously defend you and your interests in court. So contact the knowledgeable divorce lawyers at Russell W. Ray PLLC today and inquire about their free case evaluation today.

Russell W. Ray PLLC, is an experienced law practice that operates in both the areas of D.C as well as northern Virginia. Their skilled attorneys will be able to assist you matters concerning both family law as well as bankruptcy. http://www.russellraylaw.com/

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The Pain and the Strain that Infidelity Can Cause Your Relationship

By: Barbara Longsworth

The pain that one feels when he/she was cheated on by his/her spouse is immeasurable. And infidelity is one of the reasons why many marriages end up in divorce. When your spouse has cheated on you, there are a lot of questions that would come to your mind such as were you at fault and why your spouse went astray. If you are the wife, you may be asking yourself, have you not loved him enough? Did you not satisfy him enough? And many other questions that are hard to fathom for a lot of individuals who have encountered this type of marital problem.

It is hard to accept the situation when you are betrayed by someone you have given your trust to. This betrayal can cause a lot of anxiety, as well as physical and emotional pain. How can you overcome this excruciating pain? This kind of pain can possibly cost you, your life’s happiness. This is especially more hurtful when you know that you have given your all in this relationship.

There are some individuals who are in denial when they learn about their spouse’s infidelities. They try to ignore the issue and pretend that everything is fine. Will this kind of reaction help to solve the issue? Will the problem go away, if you just brush it off? The answer is NO. It is a fact that knowing and accepting the truth will hurt a lot, but you have to understand that denying a fact will be more hurtful, in the long run, than accepting the truth.

You need to learn to accept the things that are happening to your marriage or relationship because this is the only way you can rise above all these obstacles. And in order to overcome the pain you may wish to seek professional help. A professional relationship coach may be able to help you and guide you on the right path in order to heal the pain that your spouse’s infidelity has caused. Talking and listening to someone who has experienced what you have experienced, and ended up successful in overcoming the hurt, can be beneficial to you and your family.

You have to remember, you cannot resolve a marital problem, such as infidelity, by ignoring the issue. You have to face the problem and deal with it. It’s helpful to remember that you’re not the only one who is experiencing this type of situation. It is a fact that a large percentage of marriages have dissolved because of infidelity. We cannot deny this and few can avoid this possibility. But there are some things you can do to overcome it and be healed so that you may live the life that you deserve. One filled with serenity, happiness and love.

I am a trained Professional Life and Relationship Coach, Master, Mentor and Marketing Coach, and an Instructor at the World Coach Institute. I continue to train to strengthen myself and to bring more skills and tools to help my clients at http://www.infidelitypainbuster.com.

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You merely thought you were living together. Well that’s what you intended

By: Alan Weiss

Often, when you hear that a friend or a family member is moving in with their boyfriend or girlfriend, you often get the explanation "we’re giving it a go to see how it works." A road well travelled - a lot of couples move in and test the waters and by implication, if things "work" the couple might eventually dive right in and enter in to the marriage club.

The irony using this scenario though is that whilst some couples might think they are basking in a dress rehearsal before marriage, with little or nominal legal consequences, the legal reality in 2010 is now far different.

On 1 March 2009, significant amendments to the Family Law Act 1975 ("the Act") were introduced. Effectively, changes have now been incorporated into the Act, which have seen parties to a "defacto" relationship, now have rights almost akin to that of a married couple. Whilst in a social context people may view the commitment of a couple living together as less than that of a couple who marries, the distinction in the eyes of the law is now fairly nominal. Rights which were historically quarantined to parties that were married, are now legal rights which are automatically vested in parties to a domestic relationship.

In the context of a relationship breaking down, the recent legislative changes for domestic couples now include the right for the more financially vulnerable of the two parties to apply to have a lump sum or ongoing maintenance paid to them by the other party - for example this may include an order that a party continue to pay a regular rent or mortgage repayment or provide a periodic cash sum to the other party to enable them to fund their living expenses. This all can occur before the parties’ assets are formally divided. Thereafter, in determining the actual distribution of property between the parties, the legislation now pays greater consideration than it had previously, to a party’s non financial contributions, giving parties the cheers for any homemaker or parental roles. Further, unlike previous legislation governing domestic relationships, party’s can now also apply and seek a portion of the other party’s superannuation entitlements in any ultimate property division.

So what distinguishes a couple as being "domestic" in terms of the law is concerned? Previous legislation had more strictly required that a couple had to live together in a De Facto relationship for at least two years in order to qualify. This requirement was only exempted in the event the couple had a child or the couple had made significant financial commitments between themselves. Nevertheless, legislation now in 2010, is far more vague in defining what a "domestic relationship" actually is. No longer does the law clearly stipulate that parties have to clock a certain timeframe of living together before they qualify - nor is it an absolute requirement that the parties be in a sexual relationship. Rather, Section 4AA(2) of the Act sets out nine broad factors which assists the Court in determining whether a domestic relationship is in existence.

Interestingly , case law is demonstrating that these factors are not co-dependent upon each other and relationships are qualifying as being domestic, even when only some of the factors are found and satisfied.

As the amendments relating to domestic couples only came into force and effect in March 2009, the Court’s interpretation of the law is still in it’s infancy. Yet what we do know, is that parties don’t necessarily have to live together for two years before their rights pursuant to the Act are activated; the Act makes no distinction between heterosexual or homosexual couples; and the Act has left the door open to a Court finding that a person can coexist in more than one domestic relationship at a time, which feasibly means parties don’t necessarily have to live together on a full time basis for a relationship to qualify.

So what should people do with this knowledge? Parties should just be aware of the significant changes to the law, have their eyes wide open for how this may apply to their own circumstances and use this knowledge to reflect on their own intentions may be.

Given that the law governing this area is still novel, we are still waiting to see whether parties to a domestic relationship actively exercise their rights pursuant to the legislation. Whilst many parties may reassure themselves by the comfort of thinking in their current happy relationship, there is "no way" they or their partner will pursue these rights if things go pear shaped. Possibly this may be true? Yet people also need to put their minds to the scenario that the awareness of these rights is still infiltrating out into the public and it may be a very different picture in a few years time. Further, many relationships don’t necessarily break down all that amicably and a party’s hope that matters can be worked out civilly and without things getting "all legal" at the end, is generally one that a party cannot control.

If you are currently living with your partner, whether part or full time, or contemplating same, it is recommended that you give real consideration to what your intentions are by this new phase in your life. An increasing number of couples are now seeking to proactively manage this dramatic change in the law and instead, contract into Financial Agreements whereby the parties themselves can personally control what does and doesn’t happen, in the legal sense, if the relationship ultimately breaks down. If your intention is that both you and your partner will continue to coexist with financial independence from each other until you otherwise agree, this should be documented by way of a Financial Agreement. If your intention is that you and your partner will merge your finances and evenly divide all that you have at the end, this should be documented by way of a Financial Agreement. If your intention is that you or your partner retains all the assets and money they initially had at the beginning, or continues to have throughout the course of the relationship, then this should be documented by way of Financial Agreement.

Further, if your intention is that you or your partner not be financially responsible for the other, in the event one becomes unemployed or an injury or illness prevents them from seeking employment, then this should be documented by way of a Pre-Nuptial Financial Agreement.

Eventually, whilst some partners who live together, jeer at the marriage suggestion by prying friends and family, citing "we’re not ready," the reality is, in the eyes of the law, their relationship holds the same ground to that of a married couple. Accordingly, if your intentions are different to this, it is recommended that you obtain the advice from one of our family lawyers who will be able to assist you with deciding whether a Financial Agreement is correct for you..

This article provides basic information only and is not a substitute for a professional or legal advice . It is prudent to obtain legal advice from a Family Lawyer when contemplating a separation or soon after a relationship comes to an end.

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Child Custody in Divorce Cases. Should You Make It A Fight?

By: James Garrett

Child custody issues are by far the most emotionally charged facets of any divorce case. In no other subject do the decisions made by you, by your husband or wife, or by the judge have a more long-term impact than those affecting the lives and future of your children. When faced with complications of child custody in your divorce, you have to contemplate the term "winning" and put that term in context. How do your objectives interplay with what is in the best interest of your children?

Before deciding whether to proceed with litigation or to negotiate a child custody settlement, you should have an honest talk with your divorce attorney. You ought to first know that, unless your wife or husband is an actual danger to your children, they're going to have a role to play in their lives. Barring documented occurrences of actual abuse, neglect or criminal activity, family court judges are not going to severely limit their involvement in your children's lives.

It is ideal to make every effort to negotiate a custody and visitation schedule that both parties find to be fair. Even if you may not be totally happy with the arrangement, the fact that you are realistic and versatile will be rewarding in subsequent dealings. Bear in mind, your divorce ends your marriage, not your dealings, and definitely not your children's dealings, with your wife or husband.

After a divorce is final, there are inevitably circumstances that happen later that need to have cooperation with your ex-spouse. Bitter child custody fights can lead the parties to have less of a chance to resolve those matters amicably. Right or wrong, judgments on challenges such as suitable courses of discipline, school behavior, and medical decisions can be clouded by feelings of resentment to a former spouse. Ex-spouses who have the feeling that you dealt reasonably with them in the child custody situation are much more likely to voluntarily contribute for unforeseen financial burdens or extracurricular activities.

Financially, you will be in a better position if you can negotiate a divorce settlement. A good divorce attorney is not defined by the cases where their clients "win", but rather by the situations they can settle to everyone's acceptance. Contested divorces, especially those dealing with child custody, are very expensive. Contested cases are also the most likely to be set for rehearing at a later date due to non-compliance by one party, or a difference on opinion regarding the interpretation of a Court's orders. Those later matters will be an additional financial burden for you to bear. Parties who show a willingness to negotiate a settlement are far less likely to have future contested issues, and if they do, they tend to resolve them without court action.

Finally, you should consider your children's needs and how they will perceive the court proceedings. Many parents tell their children that they are only fighting for them. Well, that may be true, but children are affected by their parents arguing, whether it is in the family living room or in the court room. How will your child feel later in life if you seek to limit their contact with the other parent? How will the other parent talk about you in front of your children when you're not around? How will this affect your child? Children raised by two loving parents who show respect toward each other are proven to better ready for adulthood. And that should be the goal of every parent.

Attorney James Garrett is the founding member of the Virginia Beach, VA law firm Garrett Law Group, PLC. The firm has a focus on domestic law matters of divorce and child custody. For more information, please contact him or review the domestic law attorney blog.

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Should Your Ex Take You Back After Your Affair?

By: Jason Wilkey

Do you want your ex back even after you've cheated on them? A lot of my friends think that an affair is the end a relationship. I am not saying that I disagree, but I think that some relationships can be saved if both people really want to work on it. I want to look at ways people can restore trust in their relationships.

First of all, restoring trust in any relationship is going to take a big change in attitude and actions. Even after a terrible affair, it might be possible to somehow save the relationship. But tit is going to take some serious work to develop a level of trust again for the couple.

Since your the one that had an affair, what caused you to want to stray? Obliviously there is something at the relationship's core that is wrong. You need to fix hat is wrong.

What exactly was it that you were looking for when you cheated? Was the because of boring sex? Was they just too busy for you? Did they let themselves go?

Most of the time, people don't have had an affair if the relationship is going good. So, what exactly needs to be done to fix it? You probably need to take a close look at yourself first.

Restoring real trust in any relationship means fixing the real underlying problems. Did you or are you planning on going to some sort of couples counseling?

Honestly just understanding our problems isn't going to be enough. The real answer is taking action on fixing the problems.

Basically the real secret to restoring trust in a relationship is not in talking about the right things, but actually doing the right things.

You can build on small successes. You should make small promises and keep them. When you show that you can be trusted with small things, gradually a sense of trust will start to develop in the relationship.

Your partner basically is going to need to get constant reassurance that you really have changed. You will soon realize that you will need to apologize more than once. Also face the fact that you will hear recurring comments about how you violated their trust. It is not easy for your partner to forgive you. If you really want to stay with them, you will be need patient with them.

This does not mean that you must feel guilty about the affair forever. By the way, if you allow them to constantly give you a guilt trip, they will never really be satisfied with the new relationship you are building. Basically try to be understanding.

One last thing, you should try to put some kind of positive spin on the whole incident. Take is as an opportunity for both of you to really grow as individuals and for the relationship to mature. Some relationships can really improve after an affair.

Restoring trust in a broken relationship is going to take time. It will involve you changing both your attitudes and actions. With that said, is possible to heal and be a stronger couple as a result.

Did you really screw it up? It is going to take some serious work to get out of the dog house. Find out just how to fix your relationship problems by visiting our site. We help you figure out how to get your ex back and get you life back on track.

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Facts On Divorce Everyone Should Know

By: Alexander Naz

Divorce is the dissolution of marriage, which is a legal action that may not concur with the emotional tearing apart. The process is usually painful for everyone concerned. Although it can take some time for adults to regain psychological balance, it is still being debated whether children ever regain stable perspective. Aside from harming children directly, hostility between the adults after the divorce is proof that there is an incomplete emotional split.

Since the start of the twentieth century, divorce rates have been on the rise in the United States, especially during the seventies when no fault divorce was introduced. The easing of the laws on divorce is considered by some experts to help create stronger marriage by establishing it deeper in personal choice. However, it did little to provide people with skills, which are needed to go through the unavoidable issues that arise from marriage.

Most people know somebody who is divorced, probably several individuals even. In the United States, there were more than 957,200 finalized divorces in the year 2000. It has been estimated by the US Census Bureau that more than half of all marriages today will result to divorce. This is a lot of paperwork, heartbreaks and broken homes, in addition to money spent on legal expenses and attorney fees.

There are some who maintain though that the percentage of future failed marriages should be interpreted according to other factors. There are various essential social aspects that can affect the estimate. Your chances of getting divorced for instance will decrease by:

• 30 percent if you have a yearly income of over 50,000 dollars

• 24 percent if you married at the age of 26 years old and above

• 24 percent if a baby is born over seven months since you married

• 14 percent if you attend church as family

• 14 percent if you have parents that did not divorce

• 13 percent if you have some college education

Difference of No Fault and Fault Divorce

The state of California passed the first law on no fault divorce in 1970, which changed the public outlook on the practice as well as the process of getting out of marriage. Before this law, one of the partners has to be "at fault" or have done something wrong, to qualify for divorce. Such acts are considered grounds for divorce and include mental or physical cruelty, adultery, imprisonment, desertion, incurable insanity and physical inability to have sexual intercourse. If the defending partner does not want to dissolve the marriage, he or she has to deny the accusation and defend against it in court.

Although fault divorces are still allowed by many states, no fault divorces are also allowed. No fault divorces are exactly as the name implies: there is nobody at fault for the failure of the union. Even if misconduct occurred, it will not matter. The ground for dissolving the marriage could just be irreconcilable differences or incompatibilities. Usually, you do not have to present proof of the problem or any explanation. In many states, whether the other spouse agreed to divorce or not does not matter.

Alexander Naz is a trial separation expert. For more information on http://marriagetrialseparationblog.org">divorce , visit http://marriagetrialseparationblog.org">www.marriagetrialseparationblog.org

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How a Divorce Lawyer Assists Clients?

By: Jack Dosane

If you and your spouse have come to the final decision that you want separation then you want a best divorce lawyer by your side to help and protect you. Its bit difficult to find best lawyer for your situation, but a research will ensure that you have found the best one. Aspects like child custody agreement, alimony and distribution of martial property and many other aspects of divorce; to get them legally you need to hire a best divorce lawyer that can find a way out for your rights. There may be a situation where either or both parties are agreed on divorce, to analysis the situation and bring the case under your favor you need absolutely one of the best divorce lawyer.

Divorce lawyers can provide you with more than just judicial proceeding; they can provide you with emotional and spiritual support in such a trying time in your life. They can also provide you with complete knowledge of situation, in order to come up with the best possible solution and resolution for your divorce case. Nevertheless, it’s not possible to do it inclusively, because of the extensive divorce laws on the books. Therefore, it’s crucial to hire a best divorce lawyer that you can find, because you deserve to have your rights, privileges as well as your children and property protected during a divorce.

The first thing done by the divorce lawyer is to provide you with the separation agreement including division of your assets, spousal support and more until a final decision is made. This also includes household assets, matrimonial home, pension plans, children custody, insurance, monthly expenditure and many more. Divorce is so complicated; you need to associate with one of the best divorce lawyer, to help you to turn up with the positive & favorable result. It’s not only matter of getting separate with your spouse; divorce is very complex and complicated issues under law, and the best divorce lawyer will be able to help you in understanding the laws, how they work, why they work and much related aspects. Divorce includes much more complex aspects, particularly in case of you own extensive property together, and there are large sums of money involved and more. However, for all such rights of yours you need to find the best divorce lawyer as soon as possible to ensure all your rights are protected and finance too.

Even though your divorce lawyer will not be able to help you to overcome with emotional impact of divorce, they will be able to assist you in the financial impact. For this reason, you want to find the best divorce lawyer that you can, because trying to file for divorce without a lawyer will bring the end in your spouse’s favor, not yours.

Get finest consultation from best divorce lawyer available at divorce lawyer

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3 Reasons to Update Your Will

By: Tyler Di

A will is a legally binding contract that is widely considered one of the most important documents you will ever sign. The majority of parents with children actually do not have a will and without one you will not be able to allocate your children any benefits. The general consensus is that after death the eldest family member will have control of your estate, however the reality is this will be decided in court and a judge will end up with the final say. Here are three fantastic reasons to update your will.

Relationships

Over the years you may have developed new relationships with people and organisations, such as finding a new partner or becoming a member of a charity or church. You may want to adjust your will to eliminate any old relationships so that they will no longer receive your benefits upon death. Newborns can be listed as beneficiaries and children who have reached adolescents can be listed as executors.

Income and Assets

You may have listed your car, estate or business in your will and these assets may have changed. Even if you have not sold any of these assets, the value has still changed, for instance your car depreciates and your business grows in revenue. As such the insured amount listed on your will is going to be different and a lot of complications can arise when dealing with these matters after death.

Residency

The location where you created your will is governed by state laws. If you have changed location since then, you will need to consult an attorney to find the legitimacy of your will. State laws can be very different from each other and have different qualifying requirements.

The Law

Laws change all the time and you will want to keep up to date with any legislation affecting your will. The best way is to visit an attorney of the state who can help to validate your will for you and inform you of any changes in law.

Yearly Checklist

The best way to keep up to date is to simply have a yearly check up. Law firms specialising in estate battles can review your will and can work with you to successfully create your ideal will. At the end of the financial year is when most changes take place and is the best time to review your estate, assets, income, superannuation and all other elements that fall into your will.

List down a checklist and consider the following 10 points: children, marriage/separation, death of beneficiaries, location changes, circumstantial changes, state laws, taxation law, time since last review, new business and income increase/decrease.

Your will dictates where your assets will go after death and without one a judge will decide for you. This includes ownership of children under the matured age. If you would like to know more or if you are ready to take another look at your will then jump online and search for a law firm that specialises in estate battles.

This article has been provided to you by the team of specialist Estate Lawyers in Brisbane at Law firm Mitchells Solicitors. The Estate Battles website is owned by Mitchells Solicitors and dedicate to Estate issues.

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