Category : Annullment

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File For Divorce Online; An Idea Whose Time has Come

 

Back in the day, the idea of divorcing your spouse was a challenge and invariably lead to rumors or innuendos that one spouse must have committed some grounds of divorce as as unspeakable, unsavory or sordid act like committing adultery, spousal abuse or emotional abuse and utilize these as leverage on the assumption they would serve as ammo or the necessary needed proof that your spouse had acted improperly and thus be granted a divorce. Think about that-two adults who wished to make the split almost being forced to attack the other simply to earn the right of being freed of matrimony.

Fortunately, those days are behind us divorcing your spouse is much easier. Most couples can simply divorce sans courthouse using the downloadable divorce kit without the stigma and horror of having you and your family forced to ride the roller coaster of divorce court and the possibility of children having to listen to mom and dads lawyers making each of their parents out to be horrible people. With the theatrics and working knowledge of the courts and the divorce process some lawyers are very adept at stretching a court case out far longer then it other wise would need to be.

If there are children involved-avoiding the courtroom altogether is the best decision possible as it considers the feelings of children and avoids the high probability of humiliation and trauma of sitting and listening hearing about mom or dads worse personal traits paraded through the court.
All states nowadays allow for “no fault”, “no contest”, or uncontested divorce which essentially means that both spouses can agree on the terms of a divorce and amicably work out their own settlement. Considered in this process is the sorting out of assets and loans, cars and houses, child custody, alimony etc etc.

With the notion of a long term courtship or knowing your soul mate after 10 minutes becoming far less frequent- we have seen a distinct rise in couples who are either getting married far too young or simply getting married after a very short time after meeting. As much as we smirk and snicker at the idea of a downloadable divorce kit; A “no contest’” divorce also has the benefit in that a couple can simply decide to split without having to give a reason.

And without question in almost all instances an uncontested divorce kit will surely avoid attorneys, lawyers, and court rooms which also equates to a “no contest” divorce being far more cost effective. Basically seeing both spouses work out the details by themselves to the benefit off all parties involved in an adult, rational decision.

Divorce and Adultry

Some recent studies have suggested that fewer marriages are ending due to infidelity, on the face it sounds like a huge step in the right direction for the age old institutional practice of marriage and maybe not the best thing for a company that makes a living with its online divorce kit. 

Though this recent trend is a positive sign and without question a step in the right direction; we would be remiss to the pretend that cheating and marital infidelity has disappeared. It also begs the questions how many acts of martial infidelity go undetected throughout to the life span of marriage. But as we pose the question at heart we ask why does infidelity occur in the first place?

Here is some more divorce information you will find useful. Some Research being done by our friends up north in Canada did a recent study of a group of 1,000 men and women. Those findings offered some interesting perspective into the factors that sway people to seek gratification from a partner other then their spouse.

Amongst the findings it was revealed that stat breakdown was that 23 percent of the guys and 19 percent of the ladies involved in the study had previously cheated on a partner. The study defined cheating as a sexual interaction “with someone other than your primary partner that could jeopardize, or hurt, your relationship.” In Addition, researchers found that women were in fact far likelier to cheat when they felt some amount of low relationship satisfaction. The is some interesting divorce information indeed. The study showed a woman who was in an unhappy relationship with her partner was a full 2.6 times more likely to stray. Other factors such as sexual incompatibility led to a full 2.9 times more likely chance of woman having an affair. Meanwhile, men who report high sexual inhibition due to performance anxiety were more likely to cheat.

Clearly the report indicated that cheating tends to come and stem from factors that effect all relationships at some point. It is not as if these factors are those that any relation ship has never suffered from or ever experienced.

What would seem to be the most obvious factor then in prohibiting marital infidelity is to continually monitor the lines of conversation and foster a relationship build on openness, trust, and honesty. of course there is always the option of do it yourself divorce but a couple who fails to communicate; fails to remain a viable couple. With age comes wisdom and being able to express feelings as well as being open up to take and relate to relationship criticism is seeming the road to a happy marriage And barring a couple who have entered into the bond of holy matrimony for all of the wrong reason and without a sound foundation-there is hope for almost any relationship for those willing to try.

Physical Custody Issues with DIY Divorce

Physical custody section is made up of several activities and events all having do with the actual time lines in which each parent takes and acts as sole guardian of their children at a prearranged, predetermined date as agreed upon by the spouses.

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.

A Brief History of Divorce

Divorce, as we have discussed in our blogs and throughout this site, is prevalent in today’s society. Many researchers point to every little move as either the end of marriage as we know it, or a sign that people are losing their morals. The fact is, divorce, regardless of its time, place, or numbers, has had a place in society for hundreds of years. Different cultures throughout history have had their own way of dissolving marital unions. Some dissolution customs were pretty harsh, but it was the way of the times when religion reigned supreme. Not to bring religion in to the picture, but marriage and its numerous customs are related to religious beliefs.

Medieval Europe

In the post Roman Empire world, familial life was governed and influenced more by religious beliefs and customs than it was by civil courts. As time passed in the 9th and 10th century, the number of divorces had been greatly reduced by the authority of the church so that it became almost unthinkable to approach the subject. The view of divorce, as the process is known today, was for all intents and purposes prohibited after the tenth century. However, a separation of husband and wife, and the annulment of marriage did exist. What is today referred to as “separate maintenance,” otherwise known as legal separation, was termed “divorce a mensa et thoro” (which translates to “divorce from bed-and-board”). The husband and wife were physically separated and were then forbidden to live or cohabit together; but their marital relationship did not fully terminate.

Lack of Civil Influence

In medieval Europe the civil courts had no power over marriage or divorce. Any grounds for annulment were determined by church authority and were accordingly applied in the ecclesiastical courts. Annulment was given for very limited reasons, and was the only consistent causes for a complete dissolution of marriage. The church held the unwavering belief that the sacrament of marriage made two people inseparable from each other. Applying this theory literally was the propensity of religious cultures at these times, especially the Christian church. As far as governing rules, when husband and wife became one person upon marriage, this act could only be completely dissolved or annulled if they initially entered into the sacrament improperly.

Those medieval notions of divorce are a far cry from today’s western view for sure. But it shows just how far back the desire and situations of dissolving marriages extends; and the truth is divorce and the dissolution of marriage goes back even further. So when we see “new” information or anyone take up in arms about the impending doom of marriage as we know it, know that it is just history semi-repeating itself. As cultures change, the beliefs in society either change as well. Our views on long-standing occurrences that have been in our culture will fluctuate with the times. Divorce has, and will be, around as long as people get married. Failures, as well as successes, in relationships will persist because it is an extension of a our faulty nature.

 

Divorce, Separation, & Annulment

 

When a dissolution of marriage is at hand, couples often struggle to weigh their options as far as how to handle all aspects of the situation. There are a number of different options to chose from, but all is dependent on the terms on which the spouses are ending their marriage, how the marriage itself occurred, and when.

When couples decide to end their relationships, they usually have three choices: file for divorce, become legally separated, or get an annulment. However, couples usually do not know the difference between each option, or the advantages and the disadvantages. Here is a brief overview of the three marriage dissolution options.

Divorce
Divorce, or the dissolution of a marriage, is the legal process in which spouses legally terminate their marital union. Under the law, this means the spouses are agreeing to relinquish themselves from the rights and responsibilities of marriage.

Along with this official divorce procedure, there are many issues the couple must address. These issues include, but are not limited to: child custody, child support, division of assets, division of debt, and spousal support.

Each state has its own specific and unique divorce laws and has different residency requirements. Conventional divorces (those not done online) typically take around six months to be finalized. When a couple finalizes a divorce, each party is no longer liable for any future debt of the other spouse and no longer has to equally share their income and profits with the other spouse.

Legal Separation

Legal separation, also known as a judicial separation, is a legal process in which a married couple formalizes their separation but remain legally married. This often occurs before the finalization of a divorce. Legal separations are granted only through a court order in the county of the state in which the spouses reside. When a couple files for a legal separation, they address the same issues as in a divorce, such as child custody and spousal support.

One of the benefits of a legal separation is that certain rights are not eliminated, such as access to social security and medical benefits, which is why many couples choose to take this option. Another advantage is that a legal separation does not take long to finalize. In addition, if a couple decides to move forward with a divorce, the court will use the separation agreement as a template for the divorce settlement agreement. However, each state varies in their laws regarding legal separations.

Annulment

An annulment is very similar to a divorce in that it does indeed dissolve a marriage. But, an annulment differs from a divorce in that a judge will proclaim the marriage null and void. In other words, the marriage is considered to be invalid from the inception and there is no legal record of its existence. To be granted an annulment, the parties must have legal grounds for an annulment; again, these legal grounds vary depending on the state. Grounds for an annulment include: fraud, concealment, inability to consummate the marriage, or a marital misunderstanding. A religious annulment differs from a civil annulment in that each religion has their specific grounds for annulment, which also varies upon religion.

Bizarre Divorce Story from Across the Globe

 

Throughout the years politicians have been caught doing some downright despicable things. Some closeted skeletons eventually find their way out and justice prevails. However, in a less democratic country in which the two words “Sharia law” are still bantered about comes the unnerving evidence of just how unfair some situations can be.

Divorce Woes in Indonesia

From Jarkarta, Indonesia comes a story of an imbalance of social power and divorce. Aceng Fikri is a local head of the district Garut in West Java, Indonesia. Fikri, already married with children, decided to take a second wife. While few Muslims practice polygamy, it is not against Indonesian law. However, civil servants are prohibited from taking second wives because of the strict regulation upon their private lives.

Questionable Ethics in Any Land

Fikri already caused a stir by taking a second bride, who also happened to be 16 years old, named is Fani Oktara. Although 16 is the legal age for marriage in Indonesia, as stated, Fikri was already married with children. After the marriage, Fikri claimed that Oktara was not a virgin as she claimed and wanted to dissolve the marriage. Fikri divorced Oktara through a text message, which he later claimed he was allowed to do due to Sharia Law. The subsequent fallout and public outrage culminated after Oktara and her family filed a police complaint stating Fikri falsified his marital status, along with defamation of character and unpleasant conduct. Many citizens have protested in Garut, calling for his resignation. Many hope to use this case as an eye-opener to change of the common cases of human trafficking, the illegal sex-trade, and the exploitation of women which have been a widely known problem in the province of West Java. Also, how many times are the ideas of Sharia Law and text messages connected in the same sentence?

It is a far cry from the problems couples commonly face in Western Civilizations, and seems to make the divorces of celebrities and millionaires very self serving, self-centered, and disenchanting. Divorce is no laughing matter, no matter which country and set of laws one may live under. Knowing the divorce procedures can better arm you, whether you are husband or wife, to make your divorce a smooth as possible. To learn more about the U.S. state divorce laws, or how you can qualify for an uncontested online divorce, visit www.mydivorcedocuments.com today.