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Commonly Cited Grounds For Divorce

Commonly Cited Grounds For Divorce

The grounds for divorce can vary on a state-to-state basis, but there are a few standard reasons that are allowed in most states’ courts. With such a high divorce rate in comparison to the historical average, those looking to file for divorce in America may not think much about their grounds for divorce. However, the law still requires, in the case of fault-based divorces, that a specific problem be addressed and named in court.

A standard for divorce is filing against an adulterous spouse. As adultery is something of a basic reason for divorce, even more conservative states provide an opportunity for couples to split because of infidelity. Viewing marriage as a contract, it should be no surprise that cheating can be an easy way to level blame onto one spouse’s attitude towards the union.

Other basic grounds for divorce include abandonment and separation. If one member out of the couple has clearly parted, not keeping up any semblance of a partnership, a divorce is perhaps the most sensible option available. In a similar line of thought, most states allow for divorce along the grounds of a spouse’s imprisonment. Long-term incarceration or criminal activity destroys the well-being of that couple gives more than enough of a reason for a person to leave that relationship.

Finally, mental stress can be cited for divorce. Whether under mental cruelty or dealing with insanity, couples can legally file to split if one person has become an extreme emotional or psychological burden on the other. This can also include circumstances under which one spouse is put into the care of a mental institution, which can combine the stresses of psychological trauma and physical separation.

These widely used rationales for divorce can work out fault in a contested divorce.…

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Ending A Marriage Is Never Easy

Ending A Marriage Is Never Easy

Ending a marriage is difficult. It is difficult for anyone and can be even more difficult depending on how long you have been married and if you have children. You get used to being with someone for a long time, you live with them, you have bought furniture together, you have had kids together, and now everything is about to change. That one person who has always been there for you is suddenly not there anymore and it is not an easy process to go through. If you need help with the legal aspects of the situation, try a divorce lawyer or divorce attorney. They know the ins and outs and will get you through it no matter what type of situation you are in.

If you are parents, you have a duty to tell your children that you are separating. Do not let one parent tell them; both parties involved should break the news. You may be fighting with your soon to be ex-spouse but your children have no say in the situation and they will most likely be very hurt so it is your job to be there for them and answer any questions they may have. Let them know that you will both be there for them just as much and will try hard not to let things change too much.

Try not to argue too much about who gets the kids what weekend or who gets them the most time, let the kids decide and do not force them to move around too much if they do not want to. You will want to see them and they will want to see you, but remember that they are just kids and will not want to move from house to house constantly.

If you are old enough to get married and have children, hopefully you are old enough to have a conversation and be mature about it. Sure, some couples separate because of communication issues, but try to get along enough to work things out. If you both want to end the marriage and you do not even want to save the relationship, have a conversation about who gets what in the legal agreement. The less you have to figure out with the legal experts, the less money you will have to spend on the legal fees and the less stress you will put yourself through.

When going through a separation, the best possible thing to do is to be there for your kids. Again, they have no say in the situation and if they did, they would probably tell you that they do not want this to happen. It is not fun moving house to house every weekend and having to choose between parents. It does not have to be terrible if you can control yourself and be pleasant to the people around you. It will be hard for you to go through, but adding an attitude will only make it worse. There are counseling services available if it becomes too difficult.…

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A Good Divorce Lawyer Will Steer You Through Child Custody Proceedings

A Good Divorce Lawyer Will Steer You Through Child Custody Proceedings

Child custody hearings are almost never congenial, and those put at greatest risk are the children.  Even if both parents have the best interests of the children at heart, the situation can and often does get ugly quickly.  Petitions such as “alienation of affection,” “unfit parent,” etc. are par for the course.  Amidst such bitterness and belligerence you must maintain a calm mind to focus on the task at hand.  You need to hold yourself together for the sake of your children.

A good divorce lawyer will lead you through this destructive, damaging and confusing process.  You should procure the services of the very best divorce lawyer that you can afford.  You do not want to find yourself outgunned from the very start of a custody battle.  You need the confidence that only a top-notch divorce lawyer can provide for you.  A good lawyer will also be able to counsel you in order to help clarify what outcome(s) you wish to foster.

Try to maintain as normal of a relationship with your children as possible during this difficult time.  In some states, children can declare for themselves which parent they wish to have primary custody when they are as young as twelve years old.  That’s a lot of pressure for a child!  An excellent attorney will interact well with your children before, during and after the battle is over.  

In this way, a great divorce lawyer must be much more than simply a barrister.  For a short period of time, they may nearly become a family member, a shoulder to cry on and an important friend.…

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Having a Good Lawyer by Your Side

Having a Good Lawyer by Your Side

Right now and over the past decade, the number of Americans who are divorced has risen to a number that is somewhat hard to believe. Marriage has become less and less sacred as time goes on and people like a divorce lawyer are getting more and more calls to settle some difficult situations. With more divorce attorney calls being made to different lawyers around the country every single day, it can be hard to distinguish a good attorney from a bad one. You just need to be sure that you do your research and get to know your lawyer before you begin.

Because your legal advisor is going to be the one who is handling all of the paperwork concerning the split with your spouse, you want to be sure that this is someone who you trust and who you can easily work and get along with. Unfortunately, with divorce, there is a lot of unwanted paperwork that has to be done and sometimes during the stress of a divorce you will not want to deal with that. It is much simpler to have your lawyer take care of it so that all you have to do is sign on the dotted lines.

Divorce does not have to be messy and uncomfortable, but it can be stressful especially if you are the one who did not want it. If the decision is mutual and both parties can agree to everything very easily then the whole process becomes a lot less difficult. There are no arguments to worry about, no property issues and the two of you can go about your merry way and finish the process rather quickly. On the other hand, there are more couples than not who tend to drag the process out because they bicker about everything. A bickering couple who cannot make a decision is going to take a lot longer than those who have it figured out.

A mutual divorce makes the situation easier to deal with and if you can go to your lawyer, tell him/her exactly what you need and stay civil about it, then you know that the process will go much smoother because there is nothing left to discuss and all of the necessary decisions have been made. This makes the process much easier to deal with and much faster as well. The decision only becomes more difficult when there is a large sum of money involved or when children are involved, otherwise divorce has become pretty normal.

Divorce is a lot like a public and official break-up that is official through the courts of the state you live-in. Unfortunately, when you decide to get married that is very official and breaking that seal happens to be a bit of a hassle. Just remember to keep calm and carry on because divorce has become a normal event in so many Americans’ lives. The entire process has become much easier to deal with thank to the many helpful legal counsels that are available.…

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Things You Must Know About The Chapter 7

Things You Must Know About The Chapter 7

There are various things an individual or a company can do for debt consolidation – one of the way-out is declaration of bankruptcy. When in deep debt, one should consider the clauses given in the chapter 7 of the United States Code. It is basically a form of debt consolidation or relief. The process requires the supervision of an expert lawyer to get relief from debts by means of liquidation of your assets. The amount extracted through liquidation is used to pay off the creditors. The payment is made on the basis of priority as defined by the bankruptcy law of the country. However, only an experienced and practicing lawyer could decide if there is any need for consolidation through chapter 7.

Chapter 7 and you

Now you must have got the idea that a majority of your assets is liquidated to pay off a part of the debt you owe to your creditors. There are certain exemptions to the assets that are seized by the court to pay off your debts. However, only an experienced lawyer would be able to guide well to claim those. You should remember that such exemptions are extremely limited and are obtainable if the case is filed tactfully.

Chapter 7 is mostly preferred in case where a person does not have a house or any such valuable to lose. Filing a case under this bankruptcy law is as good as starting afresh. When it comes to filing a bankruptcy case under chapter 7, Roseville law firms comprise reputed attorneys whom you can trust. While you would be able to get rid of the huge burden of debt, you could avoid tensions and anxiety related to creditors call at odd hours and tensions. However, there are certain questions whose answers would determine whether filing such bankruptcy case would be right for you. Here are some of those important questions:

Questions to ask yourself

* Do you have a huge amount of unsecured debt like debts related to medical bills and credit cards?

* Do you stay in a rented apartment or do your own a house?

* Do you have a monthly income that is well below the median level as compared to the size of your household?

* Are you the owner of any such assets that could be exempted under chapter 7 of the bankruptcy law?…

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Can You Keep Your Spouse’s Health Insurance After A Divorce?

Can You Keep Your Spouse’s Health Insurance After A Divorce?

HEALTH INSURANCE COVERAGE AND DIVORCE

There are many health insurance issues that may be overlooked during a divorce, such as:

1. Is the ex-spouse still covered after divorce? For how long?

2. Can one party cancel health insurance coverage during the divorce?

3. What about health insurance coverage for the kids?

It is a common misconception that a spouse will continue to be covered under their ex-spouse’s plan after divorce. In fact, the parties need to be advised that as of the date of the decree, the ex-spouse is no longer eligible for coverage.

Any medical treatment incurred, even though the doctor may treat you, will be back-charged at full rate because health insurance coverage ends on the date of divorce. If you need any medical treatment, get it before the divorce is over, because you will have no coverage after that.

Employment lawyer Andrew Rempfer, Esq. was interviewed about the possibility of continuation coverage after the divorce. Mr. Rempfer noted that providing continuing coverage for an ex-spouse is critically important to consider when crafting the divorce decree because an employer sponsored health plan may only provide COBRA coverage, which generally costs 102% of the total premium costs, and expires after 36 months.

Sometimes the party who carries the insurance will spitefully delete the soon to be ex spouse from the company insurance plan, prior to the decree of divorce. If the spouse who cancels the insurance works for an employer with more than twenty full time employees, then the employer could be violating state and federal laws for allowing the employee to remove a spouse from an employer health plan prior to the decree of divorce.

Mr. Rempfer commented that, “under state laws, IRS Code Section 125, and ERISA, an employer cannot allow an employee to make changes (including canceling coverage) unless there is a COBRA ‘qualifying event’. A COBRA qualifying event includes the end of the marriage by entry of the divorce decree, or legal separation. “In other words,” Mr. Rempfer noted “the employer cannot remove the spouse from the employer-sponsored health plan until after the divorce or legal separation is finalized.” Failing to comply with this could render the Plan in violation of ERISA and COBRA.

If a spouse does cancel insurance coverage during divorce, and the other spouse, relying upon such coverage, incurs medical costs, it may be argued that the medical debt incurred, if incurred prior to a signed divorce decree because one spouse canceled coverage, the debt should be the cancelling spouse’s sole debt. Any medical costs incurred after divorce, even if one spouse believes there was coverage, would be that person’s sole debt.

Pursuant to state law, parents must provide health insurance coverage for their children after divorce. Consequently, Mr. Rempfer noted, it is critical that the Court’s divorce decree clearly set forth who bears responsibility for continuing health care coverage for any children. In a perfect world, the child would stay on an employer-sponsored health plan, and thus not be subject to COBRA. In reality, if geography or other unique family dynamics may make this impractical. In that event, there may be no choice but to seek COBRA, and those extra costs associated with COBRA should be addressed in the divorce decree.…

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Divorce Attorney – Negotiating to Get You the Settlement You Deserve

Divorce Attorney – Negotiating to Get You the Settlement You Deserve

If a divorce is in your near future, it is important that you choose a well-respected, trusted divorce firm that demonstrates courteous, ethical and professional service to all their clients. The divorce attorney at this firm will have the knowledge of divorce law and be qualified to offer you advice and guidance through your entire legal process. The attorney you hire should have extensive experience with handling divorce cases in the area you reside. This lawyer will benefit your case by having knowledge of what to expect from the judges in your area.

One of the things you should be able to do with your divorce attorney is communicate with them. Although people may think this is a given because they may feel in order to effectively represent a case, an attorney must communicate with the client, however, the number one complaint of clients against their divorce attorneys is that they do not effectively communicate with them. Your lawyer should be prompt and accessible in responding to your requests for meetings, emails, and telephone calls.

Another important benefit your divorce attorney can provide for you is interacting with your spouse. Divorce is stressful, emotional, and frustrating at times, and can become impossible to finalize civilly without a legal mediator. Your attorney will work directly with the opposing team in order to reach an agreed upon settlement as quick as possible. They provide you with the assistance that will help you avoid corresponding with your partner until the final court day is reached so you can finally come to the end of your marriage. Without the aid of your attorney, there might be manipulating and arguing by both parties, putting one individual at risk of ending up with an unfair outcome. Topics such as children, money, and property are top issues within a divorce, and with the help of a competent divorce attorney, all of these get fair consideration.

Although it might seem that many parts of our life is unfair, getting the help of an experienced and professional lawyer will ensure you are treated fairly during your divorce proceedings. It can be virtually impossible to get through life-altering life experiences without the help of others. Your attorney will spend the necessary time on your case gathering all information relevant to your case so they can represent you effectively. After a thorough analysis of your case, they go on to complete the paperwork no one else wants to do. Hiring a professional divorce attorney will help you be prepared for your case and help you get an outcome you deserve. All you have to do to get things in motion is to call and set up an appointment to discuss your case.…

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Should You Hire a Divorce Attorney?

Should You Hire a Divorce Attorney?

Today’s economic crisis continues to create a challenging environment for everyone, but those that are facing divorce, the challenges are particularly taxing.

As couples look for stability and calm, divorce is a very turbulent time. There’s a need for detailed planning and it deals with leveraging of talent. I read an interesting email from Frank Kern, where he describes how he went out and bought a video camera, and microphones and lighting to create the perfect video to promote his products online, only to discover he didn’t have the know-how and ingrained talent to succeed. Divorce is the same way – sure you can get to the finish line, but it might be a sloppy finish. Hiring the right divorce attorney will make sure all the details are taken care of.

Utilizing the skills and talents of a Divorce Attorney is proving to be a cost effective divorce solution to meet the needs of a couple looking to divorce. Let’s face it, divorce is a time of highly agitated emotions and it can be very difficult to discern the important from the insignificant. You may not be in the right state of mind to be making these very important detail-oriented choices. You may think nothing of changing your status on Facebook to “single” but that alone may have a very big impact on your intentions to a judge. Small and, what you may think, is insignificant could be hugely important to your divorce attorney and may become an integral part of the divorce attorney’s strategic planning.

The decision to hire a divorce attorney may seem difficult to understand until all the benefits that come with having a “specialist” on your team are completely appreciated.

What Are The Strategic Benefits Of Hiring A Divorce Attorney?

Before we look at the benefits of hiring an attorney, we want to make sure that your attorney is reputable!! You will need to check around with others, and although this can be an embarrassing time, it’s important to bring it out into the open and get input from others.

Reputable Divorce Attorneys ensure you are provided with the talent and expertise to…

1. Recognize what is important to your case, and what to ignore.

Identify when/if you need additional experts, i.e. private investigators or forensic auditors or accountants, and how to find those experts.

Facilitate, if the parties agree, mediators and the mediation process.

Believe it or not, people that are going through divorce, sometimes become a little unbalanced and irrational. Hmmm, imagine that! A good divorce attorney will help you to maintain emotional balance. And if your spouse thinks that it’s okay to key your car or set your clothes on fire in the driveway, your attorney will make sure that the scales will balance those acts out. AND your divorce attorney will help you see the futile nature in a meant spirited act like that. Although it’s hard to believe right now, you’ll be proud of yourself in the long run if you DON’T succumb to those urges.

Your attorney will identify exactly what needs to be done and the timing of the legal requirements of a divorce.

Your attorney will motivate you by bringing fresh thinking to your future.

Experienced divorce attorneys know exactly what their roles are and what they need to do to bring this divorce to a swift and successful conclusion. Try to remember that attorneys get paid when there is turmoil between the couple, when things are quiet and calm, lawyers don’t make money. That being said, there is no shortage of “divorce” business, so your attorney want to bring the divorce to a close and move one to another case. Swift and successful may not make you 100% happy with the decision, but at least it will be over and you will be able to move on. There is always give and take in these situations.

There are legal details about divorce, that, if not taken care of properly can come back to haunt you years later. I recently attended the courthouse to pick up a certified copy of my own Divorce Decree and there was a couple in there wanting a Marriage Certificate, but because his divorce, eight years ago wasn’t filed correctly, they were having all kinds of trouble!!

Hiring an attorney is a big step and it can be a scary “no turning back” step, but if you’re sure that divorce is in your future then go ahead and take the decisive action to hire the right divorce attorney. After it’s all said and done, this divorce will be another learning experience. Match the direction you have to take with the expertise only a qualified attorney can provide.

Check my other blog entries to find the LIST OF …

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What You Should Know Before Contacting a Divorce Attorney

What You Should Know Before Contacting a Divorce Attorney

Divorce, the big D word, is the second most feared word, only behind Cancer, the Big C word, in the United States. What created this terrible fear, which ranked so closely to a word associated with death? Let’s exam possibilities.

The divorce rate in 1991 was 47% of all marriages, nearly half of all blissful matrimonies ended in a contested divorce. However, by 2005 the divorce rate plunged a substantial amount to 38% of marriages.

What occurred to substantiate such a large decrease in divorces in only a 14 year span? One would like to think Americans had finally grown up and realized you can’t divorce someone every time you disagree with them, or perhaps the country went through a religious revival which raised moral character, that saw divorce frowned upon.

Unfortunately, government statistics don’t support either of those two possible reasons, nor any other possible Positive outside influence which could account for the reduction. However, what the numbers did reveal was Americans were foregoing getting married and were instead, living together, no marriage – no divorce.

Apparently moral character had not increased, but in actuality, decreased. What could have happened to plunge America’s moral fiber to such depths and what role, if any, did divorce play in the event?

In reality there was nothing wrong with America’s moral fiber and when pushed to the point, Americans respond as America always had, helping the unfortunate and protecting the weak. People were no more, or no less in love than any other time in history. So what happened?!

To sum it up in two words, Divorce Lawyer. The percentages of marriages resulting in divorce and the lucrative amount of fees available to be extracted from vindictive spouses produced a glut of lawyers specializing in divorce.

A once despised type of attorney known as “Ambulance Chasers”, because they preyed on the vulnerability of people in an exceptional mental and emotional stressful state of mind, were replaced by divorce lawyers as the most hated people in the legal society.

Because there was such a glut of attorneys the supply out stripped the demand, more divorce lawyers than divorces, which created competition for clients. The only way lawyers could stay fat with fees was to obtain a reputation of extracting every last dime possible from an estranged spouse, which was usually the husband.

There are thousands of horror stories of the two divorcees, the plaintiff and defendant as they are called, who were left with nothing except broken dreams, no assets and in most cases owing outstanding balances to the two lawyers involved. Divorces began to resemble shark feeding frenzies.

A couple does not have to retain lawyers in order to get a divorce. All the legal procedure and documentation can be processed with the help of the Court Clerk. In reality this applies to probably 1% of divorce cases, because rarely is a divorce amicable. So if one spouse hires an attorney, the other one is forced to and the feeding frenzy begins.

If faced with a divorce, which you and your spouse can not come to a financial agreement, which is always the best avenue, and you’re forced to hire an attorney, be very careful in choosing.

The best way to choose one is through word of mouth. Ask around, there’s no doubt someone at work, or church, or the gym who has had or knows of someone who has been divorced. See who they retained and their recommendation.

If you have to get one out of the Yellow Pages, interview them and don’t be bashful about asking questions. I have found lawyers will stick it to you and not blink an eye, don’t blink an eye when asking direct questions about their fees.

I had a very close friend pay a lawyer $3000 to represent him in his divorce, assuming and rightfully so, that was the fee for a finalized divorce. Two months later he received a bill for an additional $2000. When he inquired as to what the bill was for, he was told the $3000 was just for the lawyer to take the case, any legal work he did was extra.

My friend fired the attorney, who in turn sued for friend.

When dealing with divorce lawyers the old saying “Buyer Beware” applies very strongly.…

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Divorce – 5 First Steps Of Divorce

Divorce – 5 First Steps Of Divorce

There are a lot of steps to follow in the divorce process. Below is a list of the 5 first steps that you can in mind, the whole purpose of the divorce process is to get husband and wife together face to face enough times that they are able to negotiate a full settlement outside of court:

Step #1 – The first step in the divorce process is for you to make up your mind that you are ready to let go of the marriage and move forward with a divorce. Once you know you are ready, call a divorce lawyer. If you do not know a divorce lawyer, just ask a close friend or family member for a referral. Chances are, you know someone who knows of a reputable divorce lawyer. When you call the divorce lawyer, be prepared to provide him with a short summary about the facts of your case and be prepared to schedule an initial interview.

Step #2 – The initial interview will last 30 minutes to 1 hour. At it, you and the divorce lawyer will discuss the facts of your case in detail – you will also discuss the options, short-term strategy for getting the divorce process started, and long-term strategy for resolving each one of the issues either by settlement or by trial. You will be given a copy of an intake sheet (every divorce lawyer has one). The intake sheet will ask you questions about you, your spouse, your children, each item of marital property, and each account that is marital debt. You will take the intake sheet home, fill it out thoroughly and legibly, and then return it to the lawyer’s office.

Step #3 – Once the lawyer has received the completed intake sheet from you, he will begin drafting the initial paperwork. Once the initial paperwork is drafted, the lawyer will then file it at the county court house and ask the judge to schedule the initial court divorce will officially be underway at this point.

Step #4 – The initial court appearance is usually just an informal conference. At the conference, you and your spouse will either sit down together and watch a video about helping your children cope with the rigors of divorce or you will meet with the judge and hold an informal conference with the judge about the status of your case. Either way, at the initial court appearance, you and your lawyer will have ample opportunity to meet with your spouse and your spouse’s lawyer to discuss settlement.

Step #5 – If a tentative settlement cannot be reached at the initial court appearance, the matter will be set for hearing in front of the Judge – at the hearing, the judge will resolve the unsettled issues for you.…