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International Divorce Saga; Custody and Revenge

 

A nasty divorce that started in Texas back in 2007, has ended today,5 years later. Pastor Norman Quintero and now ex wife Miriam Carolina Quintero have had their divorce finalized and their marriage dissolved in a Florida divorce court, according to Palm Beach Judge John Phillips.

Norman who serves as the Senior Pastor at Casa del Alfarero and as Associate Pastor at Centro de Vida churches in Dallas Texas has been in a battle to finalize his divorce for quite some time.”It has been a long process and with many scars left” stated Pastor Quintero upon learning about the court order. This battle started in Rockwall County, Texas in 2007 and moved to Palm Beach County, Florida in August 2009 when Pastor Quintero relocated to Florida after Miriam’s attempts to destroy his Ministry and Real Estate Offices.

The Seeds of Estrangement

Norman’s estranged wife Miriam Carolina, attempted to kidnap the son that the couple have together, and relocate him to Venezuela without the fathers’ consent. Miriam has also been charged with taking and selling many of Norman’s valuables from the marital property for cash. She was caught emptying the marital bank account and proceeded to vanish for about a year, leaving her child behind. Mrs. Quintero has made numerous public allegations against Pastor Quintero in order to damage his reputation as a man of God and servant to this community. Some of these include claiming domestic violence and having him arrested on a multitude of occasions.

Cant fool the Judge

As you can see, Norma has had everything on his side in terms of custody and grounds for divorce. However, it took over 5 years because Miriam was never in one place at a time, on purpose one might think. At the announcement of the finalization of the divorce process, Norman stated, “I am rejoicing that Judge Phillips recognized on the divorce resolutions that Miriam Carolina has irremediably damaged the good name built along the years. God’s honor will always come in time for those who patiently wait on him”.

Custody Related International Kidnap Attempt

While this case was pending in Court, Pastor Quintero originally was granted with temporary custody of Jose, the minor child of the parties in this marriage, based on the attempt made by Miriam Carolina to take the child to her native city of Maracaibo, Venezuela. The Palm Beach County Family Court granted primary parent status to Pastor Norman Quintero, reaffirming the divorce law and the temporary order entered by the Rockwall County Texas Court.

Divorce Justice is Served

In this rare case, the mother of the child and the wife in question was the one not granted custody. After her actionswere deemed unsatisfactory by the courts, it appears only right that the Pastor and husband be granted custody and dissolution of the marriage be awarded. There really isn’t anything too crazy for divorce in today’s society. There’s always something wild and crazy occurring, no matter where in the world you may be.

Heidi Klum: Too Soon with new Beau?

 

Supermodel  Heidi Klum has gone through a very public divorce since her announcement in late January, of a split between her and now ex-husband Seal. The pair had been married for 7 years, and have 4 children together. Irreconcilable differences were cited as the reason for the split and ever since then, the two have not been out of the headlines.

Just weeks after the split, Seal was quoted as saying to celebrity gossip giants, TMZ, that Heidi had sparked a new relationship with “the help”. This remark was in reference to Heidi’s bodyguard Martin Kristen, who has worked for the family for four years.

These remarks made by Seal, ignited a firestorm of back and forth rants between both Heidi and Seal in the media over the last 7 months. Soon after Seal accused Heidi of infidelity, Heidi quickly released a scathing statement denying any such relationship with Martin Kristen. Seal then retracted his previous statement, claiming that he only meant the relationship had formed after the split and before the divorce was finalized.

I however, am not so sure. Seal seemed all too convincing in his first statement, almost adamant on the fact that Heidi had committed adultery.

Fast forward to today. How the story has come full circle. Klum, appeared on the Katie Couric talk show early Wednesday morning, where she announced that was indeed seeing her bodyguard of four years. So it begs the question, “why lie about it in the first place?” and better still, “is this too soon after the rumors and the divorce proceedings to date?”

From the outside looking in, one would have to lab towards yes, this is a little too soon. Klum has four children under the age of 8, and her divorce as well as the issues of child support and child custody have yet to be finalized. But, who are we to judge?

Alas, the ugly side of divorce has reared its head once again. Even when divorce papers are filed and signatures have been put on the dotted line, theres always something that comes back around. The celebrity world seems to have this in the headlines every week. Are there really any “amicable” divorces anymore?

Don’t Divorce Me! Kids’ Rules For Parents On Divorce

 

Divorces can be messy, and when children are involved, especially those under the age of 5, it can become even messier to say the least. Before filing for divorce, parents typically struggle to find a happy medium in order to decide what’s best for their children in times of dissolution. Sometimes the children are the ones that have the answers, no matter how young.

In a new HBO documentary entitled, Don’t Divorce Me! Kids’ Rules For Parents On Divorce, produced by Rosie O’Donnell, kids give off the cuff and uncanny divorce advice to their parents, all of whom are in the divorce process or have recently gone through a divorce. By combining candid interviews, drawings, songs and photos, this insightful film gives kids a chance to share poignant stories of how divorce has impacted their lives, and offer helpful advice to their parents. The film is scheduled to air on September, 20th at  6:30pm.

The film is unique in that it’s a first in seeing, hearing and trying to understand divorce from the side of the children, who unfortunately often get left in the dark on most of the “adult” decisions being made. Divorce affects children in a number of ways, especially those children who are young and still developing mentally. The children who are interviewed vary in age from five to ten years old, giving the film a broad spectrum of knowledge and understanding on the situation, as well as varying responses to the same questions. These young children tell their stories to remind parents that divorce and the resulting splitting of time, home and family is hard on them, but there are ways to make things better.

It’s so easy to forget that divorce affects so many people in so many different ways. If we learn anything from this film and the unbiased pure remarks from the children involved, it’s that approaching the situation with poise, calm and respect is the key.

Divorce is no walk in the park and so why not do all you can as an adult to make the situation as smooth and stress free as possible? The film also explores different ways in which parents can come to mutual agreements on things like child custody and support, money, houses and other assets. Take a different approach to divorce, for years, children have been left in the dark and out in the cold. Do not take their youth for granted, many children are astute to the ongoings of adult relationships, and can sometimes offer the best words of wisdom and reason. If anything, this movie should open your eyes and make you ask yourself, “am I handling this situation to the best of my ability, and am I thinking of my children in the process?”

Cold Feet Lead To Chilly Divorce

Marriage is an incredibly large step in anyone’s relationship. Once you finally take that plunge and decide to do it their are a lot of things that need to be taken into consideration. It’s been said that “cold feet” or questions and concerns before saying “I do”, are normal for every couple. However, it has now been discovered that not everyone does have these second thought before walking down the aisle, and if you do,  you’re headed for divorce.

A psychological study performed at UCLA on divorce, showed that, newlywed wives who had doubts about getting married before their wedding were two and a half times more likely to divorce four years later than wives who had no doubts at all prior to marriage. Among couples still married after four years, husbands and wives with doubts were significantly less satisfied with their marriage than those without doubts.

Interviews were conducted in order to gather research for these statistics and some of the numbers reported were staggering.

  • 47% of men were unsure or had doubts before getting married, compared to 38% of women.
  • 19% percent of wives who reported doubts before marriage were divorced four years later. 8% of women who did not report doubts, were divorced four years later. For husbands, those figures were 14% and 9%, respectively.
  • 36% of couples, found that both partners said they had no doubts before the wedding, and of those, just 6% got divorced by the four-year mark.
  • 20% of couples in which both spouses reported premarital doubts, got divorced. Of couples in which only the husband reported doubts, 10% got divorced, compared with 18% of couples who got divorced when only the wife had doubts.

The findings from the research are due to be published in the Journal of Family Psychology. Yes, the percentages and numbers are all over the map, but every couple is different, so the numbers won’t always apply to you specifically; doubts or no doubts. This being said and as one of the leading online divorce forms websites, divorce is a reality in today’s society and you are not alone if you fall into this category. This is just a good wealth of information to know when entering into nuptials. Everyone has doubts.

6 Steps to an Alabama Annulment

 

Alabama is a state that does recognize annulments, upon the right grounds and qualification. The difference between an Alabama divorce and an annulment is that a divorce will only dissolve the marriage, meaning it is over in the eyes of the law, but still on file and record in the state in which it occurred. An annulment makes it as though a couple was never married at all. Alabama divorce law allows you to annul your marriage only under a few specific sets of circumstances.

Step 1

First, it is important that both parties establish grounds for an annulment. In Alabama, there are only six grounds under which you can get an annulment: If one spouse entered the marriage fraudulently; if one spouse was underage; if one spouse agreed to the marriage under duress; if the relationship is incestuous; if either spouse did not have the mental capacity to agree to marriage; or if one spouse was already married to another person at the time of the marriage. You must petition the court and provide evidence backing up your claims; then you must attend a hearing in front of a judge, who will assess the claims put forth by both parties and assess accordingly.

Step 2

Prepare a petition for annulment using Alabama’s standard form. This form is available through the office of the court clerk, private websites and attorneys. The petition for annulment will ask you to list the names, dates of birth and addresses for each of the spouses and list your grounds for annulment. Once properly completed you will need to submit your petition to the Alabama Unified Family Court in the jurisdiction where either you or your spouse resides. You will also need to pay a fee to file, the fee is dependent on the rates of the court.

Step 3

You will need to have the annulment served to  your spouse or their attorney. In Alabama, you can serve the petition by delivering it to your spouse’s place of residence and leaving it with either the spouse or another adult at the home. Alabama does allow you to serve the petition using registered mail.

Step 4

Once filed, you need proof to show the courts that this has been done. File proof of service with the Alabama Unified Family Court. This proof may include an affidavit from your process server or a signed receipt indicating that you sent the petition by registered mail.

Step 5

In order for valid proof to be gathered, it is in your best interest to gather witnesses to back up your claims as far as the grounds for an annulment. If you are filing on grounds of duress, fraud, mental incapacity or other grounds which may not have written documentation supporting them, you may need to call in witnesses to support your case. If you call witnesses, you will need to issue them subpoenas asking them to appear in court.

Step 6

Attend the annulment hearing. At your hearing, the judge may ask you to explain the grounds on which you are asking to annul your marriage. After your hearing, the judge will determine whether you adequately meet the legal standard for annulment in Alabama. If the judge decides that you meet state requirements for annulment, they will sign an order voiding your marriage.

So there you have it. Remember to follow these steps closely in order to have the procedure go smoothly. All divorce forms and documents must be gathered and proper grounds must be had for the annulment.

Divorce Procedure 101: How to File for Divorce in Texas

 

One of the most frequently asked questions among those looking to file for divorce is “how do i go about starting the process?”  Each state has different requirements and laws to abide by in the process. In the Lone Star State of Texas, the procedure has a number of steps to properly complete filing for divorce. This blog will break down the steps in simple easy to understand points to assist you in the procedure.

Paperwork

First, the Petitioner, otherwise known as the filing spouse, files an Original Petition for Divorce with their local court. Once a petition is filed,  Texas divorce papers will be issued to the petitioner. Then the papers must be personally served to the Respondent, or the other Spouse in question. If needed, at the initial filing, either spouse may request a restraining order if the court deems it necessary.

Waiting for the Judge

Commonly, the court will also consider temporary orders, which will be in effect while the divorce is pending. Temporary orders usually involve temporary use of property and servicing of debt. It can include temporary spousal support and the payment of interim attorney’s fees as well. It is important to have all proper divorce documentation when attending the initial filing as Texas courts are legally inclined to ask for all proof of assets or debts. The process known as “Discovery” can also occur during this time. This is where both parties must exchange copies of all documents, this can be done between spouses or between legal council.

Settlement Procedures

Texas divorce courts always try to settle divorce matters with as little in court sessions as possible. Therefore, once all documents have been exchanged the spouses discuss settlement of the case, either directly or with the help of attorneys or mediators. If they can work out an agreement on everything, one of the spouses or attorneys will prepare an Agreed Decree of Divorce, which will contain all of the terms of the agreement. The spouses and their attorneys sign it, and eventually the judge does as well. however, if a mutual agreement cannot be concluded, a trial date will be set to have the matters handled in court.

Mediation

Texas Law requires spouses to participate in mediation if they absolutely cannot come to an agreement and a trial is put into effect. Mediation is an informal process allowing the divorcing couple to work with a neutral third party, usually a court appointed therapist or counselor, to negotiate and settle all terms of their conflict. Then if mediation is not successful, the trial will take place. A Final Decree of Divorce is then drawn up by the courts. This contains the ruling passed down in the trial, and the rules and stipulations that both parties must adhere to.

The process can be swift and relatively easy or the exact opposite, all dependent on both parties and their willingness to cooperate with one another and the courts. There is a small amount of paperwork that must be completed in full in order to get the ball rolling on the filing. It is always important to be fully ready for the process that takes place, as divorce proceedings usually take on average, of 6 months to complete.

Omit at Your Own Cost in the State of Oregon

 

The distribution of assets during a divorce is imminent in the majority of cases. Also in a majority of cases comes the wave of hurt, disappointment and distrust. So what do you do if you think that a spouse is concealing assets during the settlement process? Sometimes individuals are curious about their obligations to disclose assets in divorce. There are many discovery tools available to lawyers to help discover assets a party may own, so it’s never a good idea for anyone to intentionally conceal anything during a divorce. There are also serious ethical consequences for lawyers that assist clients in concealing assets during divorce. Every state has its own varying laws and statutes on this particular matter but Oregon has a finite list of rules to follow in regards to assets.

Oregon Law

Under Oregon Divorce Law ORS 107.452, that states “A court that entered a judgment of marital annulment, dissolution or separation shall reopen the case upon the motion of either party if the moving party alleges that significant assets belonging to either or both of the parties:(a) Existed at the time of the entry of the judgment; and (b) Were not discovered until after the entry of the judgment. However, If the assets were accidentally or inadvertently omitted from the distribution,the court will divide the asset using the same legal standard as if the asset were discovered prior to the divorce. The court will determine whether or not the assets were omitted purposely or accidentally depending on the evidence provided, and this varies on a case to case basis.

Penalties & Distributions

Now, If the court does find evidence of intentional concealment, it can and will, do a number of different things such as:

  • Demand and order a division of the appreciated value of the omitted assets
  • Award the forfeiture of the omitted assets to the injured party (the spouse who had assets concealed from them)
  • Put in place a compensatory judgment in favor of the injured party
  • Order judgment in favor of the injured party as punitive damages; or any other distribution as may be just and proper in all the circumstances.

It is highly important that when going through a divorce, all of the proper paperwork is filled out, all assets, debts and properties are recorded and anything else that you feel may be pertinent to your case, be brought up and documented. No matter how big, or how small you may think the issue is. As you can see, some of the repercussions for not openly displaying everything up front can be harsh. These divorce laws in Oregon are just a few that can drastically and dramatically affect a divorce. Know all information and laws before really delving into anything, just as with being informed on anything, research is key.

Disecting The Finances of Gray Divorce

 

Gray divorce has been a hot topic in the news as of late, as the nation has seen a rise in the amount of those fitting into the age bracket of 55+ divorcing at a higher rate in the last year. The topic has been dissected by everyone in the media, trying to come up with reasonable explanations as to why after so many years, these people are starting to go their separate ways. however, nobody has really broken down the ins and outs of just how and what happens to the other important items  in a marriage of those who are senior citizens.

Age Brings Assets

One of the first things to think of are the assets for both spouses. We accumulate an abundance of things as we go through our lives, so naturally the older you are, the more you have. Finances too; many of those in the gray divorce category are retired and live off IRA’s and retirement funds, some even off social security. The big questions is, what happens to that?

Divorce and Social Security

The government has put in place a number of specific guidelines in terms of those receiving Social Security. When a divorce occurs, there are a few slight changes as to who and how much is received. If you are age 62 years or older, were married 10 years or more, and are currently unmarried, and you are not entitled to receive a higher benefit based on your own work, you can receive benefits based on your ex’s earnings, even if he or she remarried. If both spouses worked, the lower earner may receive benefits based on the higher earner’s work. If you have never worked, you can collect benefits on your ex spouses work, and your ex is still eligible to collect what he or she has earned over the years.The longer you wait to collect divorced spousal benefits, up to your full retirement age, the higher your benefit will be.

So, this may be a lot to remember for gray divorce law but knowing these things in regards to your finances will help. Grey divorce can be tricky as there are typically more factors involved in the process of filing and obtaining a divorce than for someone of a lower age or who isn’t retired.

All in Order
It is important to take preventative and protective measures during a marriage so that if the day does come where a dissolution of marriage occurs, both parties are comfortably financially stable. Be an active participant in your family finances and you’ll establish the know-how and confidence to better succeed after the divorce is finalized. Make sure you fully understand your share of all assets and that all the details are clearly spelled out in your divorce settlement agreement.

Illinois Divorce Law FAQ’s

 

There are always questions when delving into the dark uncharted waters of divorce, from both spouses. There are no questions that have not been asked before, since the dawn and creation of divorce itself. Going into anything blind and unknowing is never a good idea, so asking questions is the best way to become versed in the laws that are in effect in your state. Illinois divorce laws are unique in that specific and detailed laws must be abided by in order to properly file for and obtain a dissolution to ones marriage. Some of these laws are obscure and become overlooked in the process, sometimes hurting those who are filing. Therefore, here are list of some of the more frequently asked questions and some answers pertaining to the laws they coincide with.

Attorney Etiquette

Often times, it is normal for a couple to use just one attorney for the divorce process. This makes sense, as the lawyer was probably the person that represented both parties when they were together. This being said, Illinois divorce laws prohibit one party representing both spouses in a divorce case. It is important that this law be abided by and one party agrees to find representation elsewhere.

Post Divorce Dating

In Illinois divorce laws under the Family Law Court system clearly state that, your spouse can present evidence about any affairs you had even if the affair didn’t start until after the case was filed or after you separated. This means, be careful of when you decide to truly move on and “date” post divorce. The best thing to do, in order to cover all bases here and avoid any technicalities is to wait until you have papers in your hands, signed, clearly stating that your divorce is finalized. Waiting a few months for this is far better than being slammed with allegations of an extramarital affair on the account of a technicality.

Separation to Divorce

In the instance of a no-fault, uncontested divorce in the state of Illinois, divorce law states that, If both the spouses have agreed to a separation and the divorce is irretrievably broken on no fault grounds then the Illinois divorce law requires a 2 year separation. In certain cases this period has been reduced to 6 months, this change in the amount of time, is all dependent on the case and the specifics surrounding it.

Proper Documentation
Always remember that proper documentation is needed when filing for divorce. It is important that you find the right forms for your state and sometimes even more specifically for your county if needed. Coming to a place like MyDivorcePapers.com is the best way to alleviate stress and confusion as far as knowing what papers to have and how to complete them. This is one of the most common pitfalls, easily avoided by those filing for divorce, all i a few easy steps. Be in the know, do your research and stay up to date.

California’s Most Misunderstood Divorce Laws

 

The ins and outs of any law can be detailed and confusing to anyone, especially anyone not practicing law. Therefore there are a bounty of misconceptions that come along with understanding any law. When these laws involve divorce, they can become infinitely more difficult to navigate and properly understand. Anything from property, assets, debts, child custody, alimony and more, are typically involved in divorce filing and proceedings. In California, the laws are just as hard to understand as anywhere else in the U.S. This being said, it is one of the states that has the most people confused about certain laws and asking the most questions. For that reasons, here are the top 5 questions asked in reference to divorce Laws in the Golden State, answered and debunked.

If we have a joint account that has occurred debt but my name is not on the credit card,  do I owe this debt incurred during marriage?

Marriages are seen as business partnerships under the law. The old adage, “what’s yours is mine” rings true for this frequently asked question. You can ultimately be held accountable for the debts that either spouse incurred during the marriage. This legal rule is put into effect in this manner because it in turn protects creditors from a spouse claiming that the debt acquired during the marriage belongs to the other person and not to them. If the debt was incurred while married, it does not matter whose name is listed on the credit cards.

If we have equal custody, does child support still need to be paid?

When parents share custody of children, even if the court has mandated that the custody is 50/50, child support can be ordered by the court. Gross incomes of both parties and actual timeshare of the child have the biggest impact on this decision. If the incomes of the parents are not almost equally matched, there will be some kind of child support exposure for the greater earner.

How long should I wait until I get remarried?

It is imperative that you get a court to issue a judgment that terminates your marital status before you pursue anything as far as another legal marriage. The earliest you can terminate your marriage and be returned to the status of a single person is 6 months from the date a filed divorce  petition is served on the other spouse and no sooner.

If either of us remarry, does the child support amount increase or decrease?

The simple answer to this question is that the income of a new spouse or partner of a parent obligated to pay support cannot be used as a factor to reduce child support.

Do you have to be married for at least 10 years to get a part of your ex-spouse’s pension rights?

Any of the earnings that are acquired from the date of marriage to the date of separation is considered community property. This means that under the law, all money acquired and used towards retirement benefits, pensions, profit sharing and stocks, will be community.  The length of marriage has no bearing on your right to the community property acquired from date of marriage to date of separation. The moment you are legally married, is when those rights go into effect.

There are a number of other questions that are commonly asked when California divorce is brought into question, however these ones are some of the top questions that are often misconstrued when answered. Hopefully these condensed answers have helped you with any questions or concerns you may have. Remember, your local courthouse that specializes in family law, will always be able to help you with these types of questions or concerns.