Top Divorce Questions

Filing for divorce does not require justification in many states. However, divorce law varies from state to state, and that can make it daunting for most people. Most divorces are emotional and stressful experiences even without the legal complexities. Naturally, questions about divorce are among the most common on sites like JustAnswer. Below are a few of the most frequently asked divorce law questions. Is a lawyer necessary while filing for a divorce?
If both parties are in complete agreement, there may not be a need to retain a lawyer. In most cases though, disagreements and misunderstandings can start after the divorce. This can be because all aspects and implications of the divorce were not foreseen and addressed beforehand. Retaining a lawyer can help you address many of the issues that may come up in future. Also, divorce law can change from state to state, making it a practical and wise decision to retain a lawyer at the outset.

Can a spouse contest a no-fault divorce before it goes to court?
A no-fault divorce application can only be filed when both partners agree completely. Most states do not even require you to have a reason or “grounds” for divorce if both the partners are in agreement. When a divorce application is filed, regardless of whether it is a no-fault divorce application or not, it can be contested by either of the partners before the final divorce decree is signed.

What can you do if a respondent violates a court ordered divorce decree?
You can consider filing a petition for contempt of court. The petition would have to be filed at a court in the state where the divorce was granted. The severity of the violation and the law of the state will determine what legal action you can take against the violating respondent.

Filing international divorce
A divorce can be filed regardless of the geographical location of your spouse as long as you are a resident of the state where you file for the divorce. Once you file for a divorce, a summons would have to be served on your spouse. If you do not know the exact location of your spouse, you should ask a lawyer. There could be other recourse that a lawyer would be able to recommend depending on your exact situation.

Do you need to file for divorce in the same state that you have a prenuptial agreement in?
You should file for divorce in the state you currently reside in. Different states have different stipulations about how long you should have been a resident in the state before you can file for divorce. The courts in most states will recognize the pre-nuptial agreement from a different state, as long as it does not conflict with other local or state laws.

The legal procedures of filing for divorce can seem daunting and confusing at times. Depending on how well informed you are about the divorce law in your state; the process can either seem simple or very traumatic. Questions about your specific situation are bound to arise in most cases. At such times, you can ask a lawyer on JustAnswer and get quick answers specific to your situation and the laws in your state.

Who Needs A Family Solicitor

Numerous men and women will require the services of the family law court system at some place in their lives. Many could never foresee that they would discover themselves in the court room having employed the services of a family solicitor.

Here are a few examples of positive reasons why a person or family may require the services of a Family Law Solicitor. Adoption of a child or baby is an exciting life-choice however there are many legal aspects that have to be dealt with. A family solicitor could be helping a couple complete their family, or drawing up the papers that helps a single parent feed and cloth their children.

However, it is an unfortunate reality that many end up in the family law court for less pleasant reasons. The possibilities are endless however, they could be going through the process of divorce, fighting someone over child custody, they could be in the process of getting sued for child support, or being taken to court for alimony. There are sad cases of family members being accused of abuse or paternity cases where one is fighting to prove or disprove that they are the paternal father. In these types of cases there are no exclusions due to age, gender race or religion; all are expected to attend court. The impact of a courts decision in all these matters is likely to be significant in terms of the future of the family.

Those who have been married, divorced, living as domestic partners, or even those involved in a civil union may appear in family law and court if there is not a ‘happily ever after’ solution. The courts will decide who gets what in terms of property and persons. So who gets which visitation periods of the children, who keeps the family home, who owes for the debt the couple accrued while together will all be decided and more. It is often very difficult, upsetting and complicated to work out all the details of who gets what. However the process is there to settle disputes and allow people and families to rebuild their lives.

So with all of this to worry about you should seek the advice and services of a family law solicitor. Professional legal advice will make certain that you interests are suitably protected.

Relationship agreements (sometimes called nuptial agreements) can give you peace of mind. So if you plan to get married, start cohabiting or are about to enter into a civil partnership then some form of formal relationship agreement can protect you both.

Quick Divorce Miami — 4 Myths About Divorce Mediation

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.

Steps to a Smooth Divorce

Become educated on all aspects of Divorce. Reading the various websites available on divorce is an excellent start. Read every document available. Complicated subjects always deserve a second reading. Then, read your State Statutes on divorce. You will find they are written in almost-plain English and are understandable to the average person. State Statutes can be found by entering your state and the word statutes in most search engines. Look for anything that sounds like marriage or domestic relations.

2. Buy books on Divorce. Generic divorce books are a good start and will give you a good overview. But they will not completely do the job. Every state has different laws and requirements for divorce. So you need to look for a divorce book that specializes on your state divorce laws. Check local bookstores or online bookstores. But be aware: laws change and books become quickly outdated. That will not present a problem as long as you use the book for general education.

3. Take the high road during your divorce. Behave perfectly, beginning now. Cooperate with your spouse on arrangements for children. Do not waste, destroy, or hide assets. Take on the appearance of a saint. You will be happier, more relaxed, and less destructive to your family and assets. Most important of all, the spouse that takes the high road always does better in a divorce trial. Judges like to see you take the high road.

4. Use your newly gained knowledge and plan two possible outcomes: your best possible outcome and your worst possible outcome. Be realistic and put it in writing.

5. Use your knowledge of your spouse. Try to imagine what is going through your spouses mind. Make an educated guess and write down what sort of outcomes your spouse might pick. Come up with a best and worst outcome that you imagine your spouse would come up with.

6. With four possible outcomes on paper, you now have an overview of the battlefield. Using that information, see if you can work out a combination of give and take that approximates best outcomes for both spouses. It doesnt need to be perfect but you should try your best. When done, you have a powerful plan that will help you in negotiations.

7. Be involved in your divorce. Actively negotiate with a goal of peaceful settlement. Dont use destructive techniques. They only look bad for you at trial time. And never be afraid to ask your attorney questions. This is your divorce and you have to live with the result. The well-informed person will always come out ahead.

8. Last, become an expert on every word printed on legal papers and pleadings. Ask your attorney, look up definitions in books, or ask other experienced people. Dont assume anything. This is your life not your attorneys life. Treat this situation like it is the most important event of your life. Again, the well-informed person will always come out ahead.

How does Legal Separation differ from Divorce

Legal separation is where a married couple legally separate without getting divorced. During this legal process decisions regarding children (such as custody, visitation rights and maintenance payments) and financial issues (such as debt, mortgages and assets) are decided upon. It is really an official separation, going further than simply living apart but not as far as getting a divorce. After a legal separation a couple are still legally married but live separate lives. They are formally living apart and the courts may be used if there are any disputes.

In some ways a legal separation is like a divorce, with the most obvious reason being that the couple are not living together. If a couple have children similar arrangements need to be made as they would were they divorcing, either through agreement or through the courts. Where each spouse lives and who pays for it needs to be established as does who has access to shared funds or assets.

So, why do couples choose legal separation instead of just getting divorced? Some opt for this because they dont like the idea of getting divorced, possibly for religious reasons or they dont want the stigma of being divorced. Often couples use legal separation as a trial to see if they would like to stay together or divorce. It gives them time and space to make a decision. They may find that living apart makes them realise they miss each other and want things to return to the way they were, or they may want to be separated permanently. Sometimes legal separation leads to divorce, sometimes it leads to reconciliation and sometimes they remain separated without getting divorced.

Although some couples remain separated for good without divorcing, this is fairly rare. If they are not going to remain together as a couple most will prefer to cut their ties with each other. Another important consideration is that while still married, they are unable to marry anyone else.

So, is legal separation necessary or can couples simply live separately without the legal process? Well, they can if they wish, but it is not always that simple. Whether that is preferable depends on an individual couples situation and preferences. Legal separation can be more complex in some ways due to the legal processes that must be gone through. But, on the other hand, it can also simplify things as they will both know where they stand on certain issues.

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New York Workplace Accident Lawyer

Workplace accidents happen more than what people realize. If a workplace accident should happen to you and you live in New York, you will need a New York workplace accident lawyer. If you hire a New York workplace accident lawyer, you will be more likely to get the compensation that you deserve for your time lost at work and any pain or suffering.

Do You Need to Hire a New York Workplace Accident Lawyer?

If you got hurt on the job, and you end up losing time at work and have medical bills because of the accident, you need to hire a New York workplace accident lawyer. Additionally, if you filed for Worker’s Compensation and were denied, you need to hire a New York workplace accident lawyer. You will also need a New York workplace accident lawyer is if you are discriminated against because you got hurt on the job. An example of this would be having your hours cut or getting fired because you got hurt on the job. If you want to get all the compensation you deserve after getting hurt on the job, hire a New York workplace accident lawyer.

Workplace Accident Cases

There are many types of workplace injuries that could occur where you would need an accident lawyer.

* Slips and trips. Many work related accidents are from slipping and tripping over work tools or on wet floors. Many times there are even just dents in the floor of your workplace that could cause you to trip and get hurt. If you fall at work, and get hurt, be sure to contact a New York workplace accident lawyer.

* Falling from heights. Falling from heights is a common injury, especially on construction jobs. If you get hurt from falling from heights on a construction job, make sure to call a New York Construction Injury Lawyer.

* Objects falling. Objects falling from heights or off shelves are another common workplace injury. Contact a New York workplace accident attorney, so that you can be recompensed for any medical expenses, loss time at work, and your pain and suffering.

There are other ways to get hurt on the job, such as electrocution or getting hurt in a car accident on the way to work or in a company vehicle. It does not matter how you got hurt on the job, make sure to get a contact a New York workplace accident attorney if you got hurt.

Finding a New York Workplace Accident Attorney

If you have a workplace related accident, you can find a New York workplace accident attorney by look through your local phone book, watching local television commercials or searching the Internet. Once you find a few accident attorneys, be sure to talk to more than one so you will pick the right New York workplace accident attorneys. There are different accident lawyers that specialize in different types of personal injury. You want the best New York workplace accident attorney that will get you the most compensation for your injuries.

Are Fully Free Divorce Forms Helpful

Divorce is not a joke and it has been found through various surveys that more than 40% marriage cases ends up in divorce out here in United States. This is not a small percentage and it has been found that majority of these cases ends up through violence. A single marriage might cost around $28000. However, a single divorce also needs expenses equal to buying the car. This is certainly not a small amount. Thus, divorce is not a cheap process. However, it is a necessity and most of the people want to have it as they find out that it is the only solution.

There are many kinds of divorce forms and all of them have some specific job to complete. There are separation forms, divorce decree form, uncontested divorce forms and many more. They are available in court, market, and they are available online as well. The free divorce forms however, are available online only and you cannot get them free anywhere else.

It is important to know the divorce laws in detail; otherwise, it is hard to search for the divorce forms. There are generally two kinds of divorce possible. The first one is the adversarial and the second one is done through mediation. Mediation can be cheaper but the adversarial cases are always costly. Generally, in these kinds of cases, more money is required and hence most of the couples try to find the cheaper method for divorce. It is definitely true that majority of divorce cases in United States are headed by the violence.

However, these are due to relationship and personally both of the spouses wants to break the relationship through easy process. This is the main reason why the divorce forms are now being made available online and many firms are now in this business. These forms can be bought free of cost through many sites. However, there are many pitfalls of the online forms as well. It is hard to find out that these free forms are original or fake. This is the most important problem with the divorce papers and thus there are some facts, which need to be kept in mind.

There is much kind of forms available. The first one is the complete step by step instruction set, original answer forms, affidavit for inability to pay, waiver of citation, affidavit for citation by posting, final divorce decree, certificate of last known address, testimony for divorce and many more. Some of the other forms like marriage settlement forms are also quite popular.

Each product is quite useful and has its own importance. However, sometimes it is better to pay some amount and not buy them free of cost. There might be some virus affecting your computer through free products. Some sites however, can be trusted and free divorce forms can definitely be bought. Through this process, the total cost will be only around 250 to 300 dollars. The adversarial cases cost around 28000 dollars and hence there is no doubt at all the online divorce forms is advantageous.

Austin Divorce Attorneys

The life is full of hassles and you cannot avoid ups and downs. The most common thing we find in all the people across the world is they are, in one or the other way, facing problems. Again, the problems come with many faces but the one that can ruin up your family is the case of divorce. When your past sweet memories of wedding and marital life do not work and you feel enough of it, it is the time to seek some expert divorce attorneys like Austin divorce lawyers.

Austin family law attorneys are expert in tackling all family issues including the divorce. Austin family lawyers protect you and your family by working through the process of case of divorce and they guide you legally. The Milner Law Firms Austin family attorneys are familiar with divorce laws and an help you advising on how local state government law can be helpful to get the best solution for your case.

Whether you want to file for divorce or it is a matter of divorce and finance, Austin divorce lawyer is always there to help you out. Austin family attorney services also include child support in the matter of child custody. They also make you aware of divorce law in your state and guide you accordingly. By hiring Austin divorce attorneys, you are updated with latest divorce law news and they can also guide you on how to tackle such cases legally.

When it is a matter of divorce court case, you should never take it lightly. It requires a special skill set that Austin divorce lawyers have. They are professional and experienced in tackling such family issues. The professional attorneys are also good at convincing which that will try to sort out the problem in best possible way to avoid further legal procedure. They offer highly skill expert mediation and arbitration service. However, if nothing works, they diplomatically tackle the situation!

The Milner Law Firm is in ethical practice and that is what makes them master in tackling divorce cases. Every customer is treated with all respect and is personally assisted. They have the passion to find a resolution in divorce case that would protect the children, maximize the financial security and last but not the least, promote a positive future.

Hiring expert divorce lawyer may not bring all the sweet memories back but then they certainly help you reducing the pain that has been given by your partner.

Property Division, Real-Estate, & Washington Divorce Law

All property division pursuant to a divorce in Washington state starts from the simple premise that all assets accumulated during the marriage will be presumed to be “community property” and split 50/50. But in practice the 50/50 split often does not end up being the result because of such legally cognizable factors as: the earning power of the parties upon termination of the marriage is highly unequal, one party made the entire down-payment, the property came by inheritance, and quite a few others. Often time this arises in shorter marriages where the parties have acquired a piece of real-estate. So how does one answer this question?

The mortgage rule is a legal tool used to characterize property acquired, using both community and separate funds, over a period of time. Harry M. Cross, The Community Property Law in Washington, 61 WASH. L. REV. 13, 39-49 (rev. 1985). The mortgage rule examines whether both parties concerned were obligated to make payments in order to retain ownership of the disputed asset. If there was no such continuing obligation, then the character of the asset is retrospectively determined to be proportionate to the ratio of separate and/or community funds used to acquire the asset. Absent a continuing obligation, the character of the property is retrospectively determined to be proportionate to the ratio of separate and or community funds used to acquire the property It is precisely this mortgage indebtedness that itself constitutes a contribution to effect the final determination of what proportionate share either party should be entitled to. If the other spouse signs the promissory note they become liable to the bank and later third parties for repayment. Even if that party had low income and no assets to secure the loan it is still a contribution. If separate funds are used to make a contribution and are traceable a lien for the down-payment amount could be found but only to that extent of that separate contribution to the down payment. However, In Re Hurd changes this slightly in that the separate character of a cash down payment can be transformed into community property by titling the home in both parties names. (Thus we see some significance in whose name an item of property actually stands.)

This includes such assets as the appreciation of retirement plans that were purchased before the marriage. The value of such an asset must be analyzed to determine what portion grew or accumulated during the marriage and the value prior to the marriage.

Washington state divorce law purposefully vests a substantial degree of leeway to the Judges hearing your case (and I say Judges because the Commissioners only deal with pre-trial issues, modifications, and contempt; they can’t divide the equity in your home or business). Carefully planning from the start of your case is necessary to develop the evidence needed in property characterization. It also gives the attorney time to become familiar with what both parties real financial futures might look like upon final dissolution of the partnership. This is especially important where one is not dealing with a trivial amount of assets, or if you feel your spouse has a significantly higher earning potential.

Division of real estate under Washington state divorce law can also be made not in accordance with whose name is on the title to the property. Whose name the property is titled in, does not settle the matter conclusively but may be considered by the judge among other factors as possible indicia that the parties wished to make it separate.

Divorce – Positive Side and Benefits

Divorce is a problem faced by several couples around the world. It is result of wrong decisions taken by the couples involved or misunderstandings caused by lack of trust between partners. There are several problems which both of persons involved in a divorce face in their life before and after that. However, it does not mean divorce is always bad. There are situations where divorce is the only solution to all problems between two partners, and only after splitting up most of those problems can be solved.

If there is no more trust in holy relation of marriage, then the charm, harmony and enthusiasm of relation is vanished. The reason behind lack of trust can be an extra marital affair or lack of care and responsibility for each other. Here we need to focus over the reasons causing extra marital affairs. There can be more than one possible reason:

1. When the decision of marriage was against wishes of either or both the partners. In that case a sense of dissatisfaction is always there, in some cases the care and affection shown by any one of the partners removes this sense of dissatisfaction and makes the relation harmonious. But in other cases, the problem increases with time, and at a point in life the relation becomes unbearable, where solution is divorce only.

2. There are some cases where couples give more priority to their individual careers; in that case marriage becomes less prioritized responsibility for them. They take marriage as a hindrance in path of their blooming career, somewhere its true too. Divorce can be a solution for them which can be helpful in attaining their career goals.

3. Love relations before marriage is also a decision factor, when people don’t get their dream love as life partner, and they meet him/her after marriage, in such cases old love becomes more closer and important for them. No doubt their dream partner can be more understanding and loving for them than their current partner. So, people involved with a marriage take decision of separation with mutual agreement.

There are other situations too where separation is the most suitable solution for all problems in a relation.