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If you’d like to discover the first, practical, step-by-step roadmap how you can win your Divorce without losing your shirt or your kids. . . Click Here Now

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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

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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.

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If you’d like to discover the first, practical, step-by-step roadmap how you can win your Divorce without losing your shirt or your kids. . . Click Here Now

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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.

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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

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.

In this case no accusations are needed if both of you agree that the marriage is beyond reconciliation. If one spouse wants to continue the marriage, however, the one wants the divorce may have to prove the other guilty of some wrong doing that is grounds for a legal divorce, such as abandonment or cruelty.
In this next question a couple is asking must a couple live apart before being granted a divorce?

Not necessarily. However, more than 20 states, including Arkansas, Hawaii, and North Carolina, permit couples to obtain a no fault divorce . If they have lived apart under a separation agreement for a specified time. To get

What if you are going thru a divorce and you realized that your lawyers fee were going to be extremely high what would you do . There is a net work of lawyers can give you pease of mind and save you money.for more info go to http://powerful.buildlastingsuccess.com/goland4 to get quality work at affordable discount rates. We have over 2700 laywers in our network.

Question

If my wife and I live apart from each other for seven years, will we be considered divorced?

No. Living apart does not make you divorced, no matter how long you do so . divorce requires a judgment from a court legally termination of the marriage. Without a court decree, there is no divorce.

Jack and Mary remained married for their children’s sake. Now the children are grown – up , Jack and Mary want a divorce. Mary is not self-supporting. . What steps should she take ?

There are many things that Mary should do to protect her interests. The first is to make an appointment with an attorney. The earlier she does so the better prepared she will be when she and jack actually separate.

Before meetings with her attorney. Mary should draw up a list of all the family assets and debts, including business interests she and jack may have . If she is not familiar with these matters , she risks not getting a fair property settlement. She should also know the location of deeds, insurance policies, titles to property and other important documents.

If Mary has been financially dependent on jack she should draw up a budget, estimating all of her monthly living expenses including those expenses, such as car insurance and Christmas presents, that don’t come up every month. It is important that the budget be accurate because the amount of her support will depend upon her needs.

Mary should try to set aside some money before the separation, to be used while the divorce is pending. Mary should establish credit in her own name and since there is no guarantee of support or it may not meet her needs – she should also consider getting a job and go to legal1x.com for more help.

http://powerful.buildlastingsuccess.com/goland4

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Within a traditional divorce case, correspondence is exchanged between opposing family solicitors, and court appearances follow, all at high expense to a divorcing couple. Court appearances can end up being months apart, prolonging the process, which can be draining both on finances and emotions. In collaborative law, parties are encouraged to reach an out of court settlement in an amicable and non-aggressive way - with the extra incentive that if a couple fails to agree, they will have to find new legal advisers. This would increase expense for a couple, who may have fallen into a cycle of recrimination and constant grievance airing. Collaborative law therefore aims to make a final and lasting settlement that takes into account the needs of both sides, and especially those of any children affected.

During mediation, a couple will meet with a neutral mediator, with no solicitors present. A mediator tries to help a couple reach a solution, but will not offer legal advice to either party, which is not the case in collaborative law. In a collaborative divorce, solicitors for both parties are present to give specialist advice at every stage of discussion. In mediation, solicitors can become involved at too late a point, but collaborative law provides a more structured approach, with a trained family solicitor regularly contacting his client and opposite number to discuss progress and plan meetings.

A further difference between traditional divorce and collaborative law is that of the help of outside professionals. People such as marriage guidance counsellors and accountants can be involved when discussing a settlement, helping both sides’ emotional and financial needs. Once an agreement is reached, both parties involved will sign the paperwork, and lawyers can then file documents with a court for final approval. In comparison with the often stressful and time consuming process of divorce, collaborative law offers both a speedier resolution, and closure on a troubling chapter of a couples’ lives, and allows them to move on from a marriage.

The whole divorce process is never an easy one. Involving a family law mediator or collaborative law solicitor can help significantly reduce stress and friction from the divorce process.

Bonallack and Bishop (http://www.bishopslaw.co.uk ) are Andover Family Solicitors with considerable experience in advising on Collaborative Law. Tim Bishop is senior partner at the firm, responsible for all major strategic decisions. He has grown the firm by 1000% in the last 12 years and sees himself as a businessman who owns a law firm.

Article Source: ArticleSpan

We all know that divorce is hardest on kids. No matter what the reasons for the break-up, kids tend to wish it would all go away, and that their parents would just kiss and make up. No matter how bad their family lives, or unhappy their parents are, kids like familiarity better then change. After all, they are already coping with a lot in their lives, and Mom and Dad’s split is just one more scary event they have to understand and accept.

Just think of what your kids have to face in their daily lives. Teachers are demanding that they learn new subjects and skills every day. The material is not anything they can apply to their real worlds. After all, learning about arithmetic and geography doesn’t help them deal with the friend who won’t play with them, or the bully who is teasing them.

When they get home, there is more school work to be done. The kid may think his time is better spent in front of the TV or computer, but if he doesn’t crack the books, Mom and Dad know he won’t get very far in life. Kids have trouble internalizing the fact that they are preparing for adulthood. Remember, all their experiences so far, are as children, and it is hard for them to understand that they are learning things now that will actually be valuable to them later. After all, later is not a concept kids feel.

If the pressure of school and homework aren’t enough, kids are forced to do other things in their lives that seem useless to them. Getting along with friends or siblings by compromising seems ridiculous to someone whose world view is naturally self centered. Not hitting a smaller child back when the little kid started it just seems unfair. The fact that they are bigger and can cause more damage may seem like a good reason for restraint to an adult, but to a kid, it just seems like Mom or Dad taking sides.

Because kids feel things differently then their parents, it is important that they not be expected to immediately adjust to the news that their family is about to undergo a big change. Try not to introduce too many new factors at once. It is best if both parents can sit down with the kids to explain what is going to happen.

Give them a little time to adjust to the news and ask any questions they may have. Remember, the things you think are important may not be what your kids need to hear in the beginning. If you listen to them, you can pick up valuable information about their thoughts and concerns. In turn, you will better be able to guide them into their new situation.

Lucille Uttermohlen has a bad attitude towards government. Despite that, she has a good personality, and writes brilliantly about the system , and its less savory aspects, as well as family law advice at http://www.couple-or-not.com If you have a question about law, write to Lucille@couple-or-not.com for a quick but thorough answer.

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This article shows you where the money in divorce is, why it’s so big, and why the system won’t change.

Every year thousands of people enter into family court suits. About 50% of marriages end in divorce. Additionally, women having children out of wedlock file an enormous number of paternity suits.

It’s interesting to note that the percentage of divorces for second marriages is even higher than for first marriages. This means either people still haven’t learned what makes a successful marriage, or some people have learned how to make divorce a successful enterprise. Unfortunately it’s the latter reason.

Mothers incentive to divorce Women file for divorce 80 to 90% of the time. They’ve learned which way the ‘chips fall’ in family court. That means they can pretty much count on:

* Getting custody of the children in spite of having a fit husband

* Having virtual parental control over the child(ren)

* Receiving half or much more of the marital assets

* And most importantly, receive what is euphemistically called ‘child support’ payments from the father every week for up to 23 years in some states.

A woman filing a paternity suit can count on everything above except a share of marital assets since she wasn’t married to the father of their child.

These child support payments are designed - according to child support guidelines - to keep the mother and children living at the same standard as they had when they were married, supported by the husband. Of course, that can only happen by extorting so much money from him every week that he’ll have to live in a studio apartment, at his aging parents’ home, or in a cellar somewhere.

What’s especially nice is that child support payments carry no legal responsibility to be spent in support of the children. But ‘child support’ sounds nice and makes the father such a ‘villain’ when he’s unable to make the ‘extortion level’ payments that can often be a third of his gross income - i.e. before taxes.

Extortion is an accurate descriptor because if he doesn’t pay everything ordered, he’s put in jail under contempt of court. No other parent in society is punished and criminalized for having trouble making ends meet; and to think that the money doesn’t even have to be used for the child’s welfare.

Fit fathers fight for their right to parent their children at least equally to the mother

The above ‘chips’ that fall to the mothers do so because the family court setup denies a fit father his right to parent his child - and that includes directly supporting his child. Not even equal parenting time is guaranteed to a fit and willing father. This violates his constitutional right to parent by denying him the constitutional due process to protect that right - i.e. a jury trial proving his unfitness at a clear and convincing level.

Without the ‘acquiescence’ of the mother, the fit father is generally forced into being a noncustodial parent paying those weekly extortion payments (euphemistically called ‘child support’) under the threat of jail. The mother can request the family court to increase these payments each year as the father’s income increases - keeping him at barely a survival of existence.

Fathers are shocked and appalled at how the family court abridges their fundamental rights to their children and controls their income. They spend whatever they have to fight in a court for their right to their children and determine the use of their after tax earnings. And they have to do this for years until their children reach 18, 21 or up to 23 years depending on the state having jurisdiction.

Lawyers, court-related personnel and affiliates thrive on family court unfairness

The family court setup, perverted from it original function and procedures, abridges the protection of fundamental rights- most often of fathers. Nowadays, its primary ‘doings’ is creating noncustodial fathers, recurring ‘transfer’ payment litigation and fatherless children.

Inherent in these ‘doings’ is big money. Family court case loads have exploded over the years to increasingly funds lawyers, court personnel, and an enormous ‘child support’ industry - both state and federal. Beyond and including this is the multi-billion dollar divorce and domestic violence industry. All these benefit from the court’s violation of constitutional due (fair) process.

This industry as a whole is well able to prevent any change in the family court setup that’d force constitutional protections for both litigants. There’s just too much money, political influence and connections under their control.

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

The bravery and courage required to step out on your own is massive but you can do it, providing you begin setting your financial affairs in order up to a year before you actually have the conversation.

At the risk of sounding premeditated, before you make any dramatic announcements, you must have sorted out somewhere that you can go afterwards. Some partners will allow you some breathing space - perhaps in the hope that you will change your mind in the interim - but others will want you gone the moment you make the announcement.

This means that, in addition to the upset of leaving the family home, you will have the stress of searching for alternative accommodation.

If you think that finding a suitable rental property has solved all your problems, you’d be very wrong.

You have to satisfy a totally impartial agency, who are completely separate from the letting agent, that you can pay the rent each month. You cannot rely on references extolling your good character or your pleasant personality, this service is not about approving you to ascertain that the property is safe in your hands.

The whole purpose of this investigation is, apparently, to protect the landlord from a tenant who cannot fulfil their rental commitment.

You will be asked to provide evidence that your monthly income will cover the rent. If this is not possible, then proof of alternative financing to cover the six months of the initial tenancy agreement will be required.

Being described as ‘of independent means’ equates to proving to this agency that you have had £15,000 deposited in your own name for at least six months.

It doesn’t matter if you’re married to a millionaire and have secured a six figure settlement that very morning, if £15k of this cash has not been deposited in just your name for the previous six months, you will not be viewed as being ‘of independent means’ by any letting agency.

The upshot of this is that housewives or part-time workers who do not have enough monthly income to cover the rent will be expected to pay for the full period of the let up-front.

With reports of landlords defaulting on their mortgages resulting in the issuing of immediate notices to quit for their tenants, paying six months up-front is a very bad idea as this money could be lost at any point in the tenancy with little guarantee of reimbursement.

What really sticks in the throat is that anyone who can prove that they do earn enough every month to cover the rent cannot guarantee that they will still have their job tomorrow, but they are still deemed more acceptable financially than a divorcee clutching her big cheque, upon which the ink is still not dry.

It is quite bizarre.

So, if you think that your marriage may not stand the test of time, you need to open an account of your own and start saving…

… NOW!

This article may be reproduced elsewhere as long as the author’s name and a hard link to the websites in the resource box is retained.

Keira Benson has been at the sharp end of life as an unhappy wife. For more information on getting a divorce, please visit: http://www.lostthatlovingfeeling.info

Article Source: ArticleSpan