Believe it or not divorce is not always the answer even in circumstances where trust has been broken. There are many reasons for couples to find themselves thinking about divorce from the smallest reasons such as the proverbial toothpaste issue of squeezing from the bottom and onto more serious issues such as losing trust.
————————————
————————————
Most divorce litigants don’t have a clue about how a divorce action progresses. Learn them so you can begin to handle your case - with or without a lawyer. This article outlines the steps in divorce or paternity (for the unmarried) suit that take place in family court.
The state requires that you go to court to get divorced. The process of ‘going to court’ is fundamentally the same in all types of courts. It starts with one person submitting a ‘complaint for divorce‘ or ‘for paternity rights’. The complaint begins a sequence of ’steps’.
Ultimately going to court means asking the court to ‘resolve’ your complaint. It’ll be resolved after you have a trial on the issues of the complaint with a resulting judgment. Sometime during the process, though, you and the ‘other side’ may agree to settle all issues without need a trial. In family court (aka divorce court) you’ll need the judge agreement and signature to ratify your ’settlement’.
So here are the essential steps, their meanings and some terminology. I’ll refer to a complaint for divorce as the example:
STEP 1: Filing the Complaint for divorce or Paternity.
This begins the ‘action’ or ’suit’. The ‘plaintiff’ is the one who files the complaint. He or she must notify the other side - who will then be the ‘defendant’. Both of them are called the litigants. This is a ‘civil process’ rather than a ‘criminal process’, so it doesn’t matter who’s the plaintiff or defendant.
There are formal ‘notification’ procedures to make sure and establish proof that both litigants have been notified.
STEP 2: Temporary Orders - from Hearings
Hearings are where you present suggestions - called ‘motions’ - to the judge on a variety of the divorce-related issues - your suggestion for how it should be resolved.
Based on the how the litigants - or their lawyers - argue in favor of their motions, the judge will issue a ‘temporary order’ to resolve that issue until a final agreement is made or a final judgment (i.e. a list of permanent orders) issues after a trial.
STEP 3: Discovery
Discovery is the name of the process by which litigants find out facts relevant to the divorce issues. Information you find can help make your case (or argument) stronger in your favor. You’ll use this information at the trial or as a reason to settle the case without at trial.
Discovery encompasses essentially 4 different ways for finding out information:
* Interrogatories -for asking questions of the other side
* Production of documents - requesting other side to give documents on anything
* Request for admissions - request other side to admit to some behavior
* Depositions - recorded questioning of the other side (or others) on relevant issues
STEP 4: The 4-Way Meeting
At this meeting typically you, your spouse and your lawyers (i.e. 4 people) sit down and discuss the issues after discovery to see if you can settle the case rather than go to trial STEP 5: Pre-Trial Hearing At this hearing (in front of the judge), the litigants make it clear what they’ve settled on - and what there is left to be decided for a trial. Most full settlements take place here.
The judge may push for a complete settlement if there seems to be no reason justifying a trial. If a trial is an option, the judge will decide on the time and date.
STEP 6: Trial
At the trial the divorce issues that are still ‘contested’ will be addressed. Both sides will put forth the points they wish to show, prove them as best they can, and then make a closing argument showing their points and how they were proved to the court.
There is no jury in divorce trials. The judge acts as both judge and jury.
The plaintiff makes his or her case first, then rests. Then the defendant makes her or his case. Both use direct and cross examination of each other and other witnesses as needed.
STEP 7: The divorce Judgment
You need to wait several days to months for this. It is called the judgment of divorce nisi (conditional) which automatically becomes final in 90 days if the parties don’t decide to call off the divorce and remain married!!
OPTIONAL ADDITIONAL STEPS:
Reconsideration Hearing
If something in the judgment seems terribly wrong or incorrect you can file a statement of objections to the finality of divorce for reasons such as new evidence, fraud on wife’s part (perhaps excluding some assets) and request a reconsideration hearing on the judgment.
Appeal
You can appeal the divorce judgment if you think it’s unjust to the Appeals Court. Be sure to file the notice of appeal within 30 days of your judgment.
Shane Flait gives you the capability you need to fight for your rights. Get his FREE Downloads at http://www.FathersRightsLegalAid.com Take his ecourse: How to Handle Your Family Court Case at http://www.FathersRightsLegalAid.com
Article Source: ArticleSpan
Copyright (c) 2010 Lucille Uttermohlen
If you are waiting for your divorce to be final, it can be agony. After all, not knowing what property you will have to work with after the divorce makes it hard to plan. Debts that you will be responsible to pay can also effect your future budget. Most annoying and downright scary is what the judge will do with your kids if you and your spouse were fighting over custody.
Unfortunately, the remedy to get the judge to move things along isn’t very satisfactory. He is under an obligation to render a decision as soon as he can. Many states give a certain time limit for a judge to make his final decision. If he doesn’t enter an order by that time, your attorney can ask the he be removed from your case.
————————————
————————————
In my 27 year practice, I have invoked the “lazy judge” rule once. I had filed to modify custody for one of my clients. From the moment we entered the courtroom, I knew I was in for a long, frustrating day. Every question I asked, and many I started were interrupted by my colleague’s monotone “objection”, and the judge’s “sustained”. It was clear that my client wasn’t going to get a fair hearing, and I was reduced to asking opposing counsel not to interrupt me before I even got my question out so I could at least make my record for appeal
I think the judge must have known an easy way out when he saw it. I would have advised my client to appeal, for the obvious reason that she had not been allowed to present a case. The judge never let it get that far. He just didn’t make a decision at all. Finally, I was free to file a “lazy judge” motion.
The “lazy judge” motion takes the case away from the judge automatically. All you have to show is that the hearing occurred on a certain date, and the judge didn’t render an order by the time the legislature says he had to. In this particular case, I was happy to get the case away from that court.
Most of the time, a “lazy judge” motion isn’t a good choice. It does cause the case to be assigned to a new judge, which in some cases, like the one I described, can be a good thing. However, the only recourse you have once a new judge is appointed is to try the case again. This is all right from the stand point that you can introduce evidence that may have been missed the first time around. However, it also means you have to pay an attorney to prepare the whole case for you again, and most people simply can’t afford to do that.
The best thing to do in most cases is to have your lawyer nudge your judge into ruling. Some of my colleagues are hesitant to do this, and you may have to light a fire under them to get them to cooperate. We have to live with our judges, and getting a reputation as a nag is not something any attorney gains happily. However, I find that a call to the judge’s secretary can usually get the folder in question placed on the judge’s desk, and tactfully brought to his attention.
Judges are very busy in this country. The only way to lighten their load is to raise taxes and hire more of them. We attorneys might like that idea, but most of the tax paying public would prefer to avoid the additional expense. For this reason, many of us are forced to wait for answers to our most pressing legal issues. However, there is a point where even a busy judge needs to get his work done, and when that point has arrived and passed, litigants may do well to take their problems to another forum.
Going through a divorce can be scary. Even your attorney can’t take the time to answer all of your questions and concerns. http://www.couple-or-not.com is an easy to use resource for all your divorce questions. If your answer isn’t there, write to Lucille Uttermohlen at lucille@couple-or-not.com to get your answers.
Article Source: ArticleSpan
divorce and its financial challenges are an issue almost no woman wants to face. After all, during divorce proceedings, not only is a woman considering the financial future of herself and her family, but she’s also dealing with the emotional aftermath of the dissolution of a marriage. It can be a difficult time for everyone involved, and a messy financial situation will only make things worse.
Unfortunately, no matter how mutual or cut-and-dry the legal proceedings of a divorce are, there are complications when it comes to short-term and long-term finances. The best thing women can do to prepare themselves is to take financial issues one step at a time, working with an advisor they trust to help them start looking ahead to a brighter future.
After divorce: The First Steps
Once everything has been divided up, it is necessary to re-title or transfer all of the "big ticket" items, including property, houses, cars, wills, insurance, credit cards, and bank accounts. It’s important to get these things out of the way first, since you don’t want to be held liable for any delinquent payments or unaccounted spending on behalf of your ex-spouse. The same is true for any issues related to bankruptcy; if there is a chance of either partner filing, it’s important to do it either before the divorce occurs or very soon thereafter. That’s because it is possible for one ex-spouse’s bankruptcy to affect the other’s financial situation, since he or she may be held liable for defaulted loans.
Along these same lines, it’s important to amend existing retirement plans, including IRAs and 401(k) accounts. When possible, these should be a part of the divorce settlement, since they incorporate a very large portion (if not all) of your financial future as far as retirement goes.
After divorce: Looking Ahead
Getting your finances settled after a divorce can take years. Not only are most women adjusting to a new home and new income, but many of them are also figuring out how to balance work and child care, as well. This means that you may not consider yourself ready to start planning a savings and retirement plan until five or ten years have gone by and you are on your feet, so to speak.
This is a mistake. Although you might not have the funds ready to start investing right away, it’s always best to at least meet with a financial advisor who can help you determine your goals and next steps. Whether you want to set a retirement plan into action or find a way to build a savings account that will give you - and your newly emerged family - some freedom from financial worries, it’s always best to start right away.
Although there are rarely very many silver linings to a divorce, it does give many women a chance to start taking proactive control over their future. Sure, it may take a few years before you start to feel settled enough to really tackle stocks, bonds, risk assessments, and portfolio diversification, but divorced women are among those best suited for smart financial decisions - if only because they’re being forced to ask the hard questions and take a good look at what they want out of their lives.
Questions? Email me at wesley@thewandwgroup.com and visit our website at http://www.thewandwgroup.com New Money Talk is a weekly article focusing on retirement, personal finance, and estate planning. Comments and questions are welcome, but because of the volume of email, personal responses are not always possible.
Article Source: ArticleSpan
There is no doubt about the fact that divorce is at an all time high. Most couples who get married, especially for the firs time, fail to stay that way and that is a problem. It seems that couples need more than one go at the marriage thing in order to make it work and when you are getting out of a relationship that was not happy or productive it is important to keep that in mind. If you are one of many men out there who are dealing with a divorce, know that you are not alone.
You have your rights just like your wife does, and although a divorce can be a tough thing to deal with both financially and otherwise it is important to remember that you are not the only one out there who has these things to sort through Here are some tips for men dealing with divorce, so if you know one or happen to be one you can pass them on or make use of them yourself. It doesn’t have to be the end of the world.
Seek Support
You’re a man; everybody knows that! It is okay to show weakness, and it is okay to do your best to find support. It can be wearing on a personal in an emotional way just as it can wear on the other facets of a person and if you have a support system things can go much smoother. If nothing else, internet forums and support groups should be able to provide you with a frame of reference so that you know that even at its nastiest, your divorce could be worse.
Get the Best Counsel
Needless to say, you are going to need legal assistance with your divorce. Even if you happen to be an attorney yourself it is inevitable—you are going to need help. Don’t make the mistake of thinking that you are going to be one of the lucky ones and get your whole world rocked later on when it counts. Don’t end up losing everything that is important to you because you trusted someone at a time when you may want to be wary of everyone.
Try to Remain Amicable
Divorces are different. Some people part happily and others have bitter feuds against one another. By all means, try to remain amicable in your divorce at all costs. The happier she is and the more you are about what your legal entitlements and responsibilities are the better off you will be in the end.
Getting a divorce is never easy, especially for a man. It can wound your pride and your pocket all in one fell swoop, and that is something that men don’t always deal the best with. Take your time, be responsible about your business, and don’t procrastinate. The more drama in your life and the less responsible you are, the less things are bound to turn out in your favor.
Log in