Category : Contested Divorce

Home»Archive by Category "Contested Divorce" (Page 2)

MyDivorceDocuments Presents; Divorce Information for Men

If your ex doesn’t work in a cooperative manner or lacks the ability to do what is best for the children; Take the high road. Someone will have to take the responsibility of being the anchor and the sail and if it isn’t going to be your ex it is your responsibility like it or not.

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.

Online Divorce Forms; Making Sense in an Nonsensical Time

The popular website will soon reach the 275,000th hit milestone as consumers and savvy, financially astute adults turn away from traditional divorce pathways towards a more amicable driven pathway.

Younger People are More Likely to Use Online Divorce Forms, Older People Handle Divorce Better

Older, more mature people are best to handle and adjust to the stress of divorce far better then their younger counterparts. Ironically, as a website that made its fame by selling online divorce kits and do-it-yourself divorce our target audience does tend to be a younger demographic.

Technology: Changing Family Law Forever

Technology rules the world, plain and simple. Technology has its hand in everything in today’s day and age. It was only a matter of time before new laws were drawn up and integrated into the new and rapid growth of electronics and technology in the world. Divorce rates continue to grow in the U.S, just as the laws do. So it should be no surprise that new

77 Year-Old Marriage Ends


In a time where marriage is thought to have a 50% chance of ending in divorce, we often look to our grandparents’ generation for inspiration. Often asking the question of “How did they stay together?” or “What was different about those eras?” we find ourselves trying to figure out some sort of secret formula to make relationships and marriage work.

In truth there is no magic, the magic is a myth; people fall in love for different reasons, meet under different circumstances, and mesh together over many different facets of life that combine their personality traits and the environment in which they traverse together in. Sometimes someone can tell right away if someone is a match, and sometimes it takes decades for spouses to come to the conclusion that maybe this just isn’t working.

Age of the Absurd

In an age where celebrity marriages last a week, pet custody battles range up to thousands of dollars, and marriage is increasingly marginalized in society, comes a story that may be sad to some. But in truth, it’s just another example of what makes a marriage successfully, and that, no matter the situation, age, or how much you get along with your spouse, the truth is always more important than any other choice.

In 2012 we have seen our share of celebrity divorces dominate the news. Game shows, reality programs, and everything in-between have shown us the stark reality of just how absurd some people can be. Those with any significant amount of logic understand the real world without cameras can even be more stressful than those propped up scenarios involving people that are made to think they are “important.”

An Exercise in Real World Truth

Going back to our grandparents’ generation, we can stand amazed at how their families were able to keep it together. That is why this story seems so familiar despite its first glance perception. In 2012 an Italian man wanted to get divorced from his wife. He claimed to have discovered letters between his wife and another man, and when confronting his wife she admitted to the affair but begged him to stay together. Nothing totally out of the ordinary there right? The twist is that the man is 99 years old. The wife is 96. They have been married for 77 years, and the affair took place nearly 60 years ago. Despite his wife’s pleadings for them to stick together in their marriage the man is moving ahead with the divorce. When the divorce papers go through they will become the oldest divorced couple on record. Opinions on this anomaly situation will vary from “Why would they get divorced now?” to “What difference does the affair make 60 years later?”

The truth is, as always, that the truth wins out. No matter the shape, form, or age of a marriage, the same rules apply. There was no special relationship glue in the 1950’s and this story proves it. People are human, and are hurt by deception. Even at age 99 and over, something happened 60 some odd years ago that broke the trust and hurt a spouse. The truth and communication in a relationship and marriage is always the most important facets in its eventual success.

Disability & Divorce

The law has often been behind the times as far as rulings go on specific cases. Family Law is no exception. Many of the laws do not account for special and rare circumstances. There are many disability laws and regulations implemented in other areas of law, however, there are next to none when it comes to the matter of divorce. That is until now. The Illinois Supreme Court opened the door to divorce for people who need guardians because of mental disabilities just this month, and the realm in which Family Law now covers has broadened because of it.

For years, Illinois has been against guardians seeking a divorce on behalf of the mentally disabled people under their protection. That meant the disabled person could not get a divorce unless his or her spouse started the process. To say that this is a double standard would be an understatement. However, guardians were still looked upon as just that, and in no way were they an extension of the disabled person in question.

Before the Law was Implemented

The ban, when in place, affected people with severe brain damage, but it also covered those who could make their wishes known; for example those with Alzheimer’s, or anyone with a mental illness whose effects are not 100% permanent on a daily basis.

The court’s new ruling said an outright ban is no longer appropriate. It could leave vulnerable people “at the complete mercy” of spouses who abuse them or exploit them financially. Guardians will now be able to file for divorce and then a judge will decide if there is clear and convincing evidence that it would be in the disabled person’s best interests. In some cases, that will mean weighing the evidence without any help from the person directly affected. But in others, the people with disabilities will be able to speak for themselves. This obviously depends on the type of mental illness and the severity.

Who is Affected?
At first the restriction on divorce was meant to only affect people with severe brain damage, such as might be sustained in an accident, but ultimately the law affected people who had the ability to make their wishes known. Such individuals’ mental illness may come and go, or perhaps the person’s condition was Alzheimer’s disease. Mental disability rights advocates say that those conditions in themselves should not automatically bar people’s guardians from filing for divorce on their behalf.

Many of the advocacy groups feel that this recent ruling is a step in the right direction toward fully protecting the rights of the disabled. Under the new rules, the guardian of a disabled person will be able to file for divorce on that person’s behalf, and it will be up to a judge to determine on an individual basis what is in the best interest of the disabled partner.

Incorporating disability into laws, such as the ones under the Family Law statute, is a sign that the laws are coming into their own and becoming more adaptive to everyone. With a broader scope under the law, more and more people will have equal rights when it comes to the dissolution of marriage.

What To Do In Cases of Domestic Violence

Regardless of your views on family structure and divorce, when it comes to domestic violence, getting out should be the only decision. Sadly, many people become victims of domestic violence each year, and countless instances are hushed up out of fear.  It is often times harder for someone to make the decision to leave than to actually leave and begin the divorce process. But once your mind has been made up, there should be no looking back.

Domestic violence is about fear, control, and the abuse of false power. If and when you decide to leave an abusive spouse, this could make the abuser lose even more control.. In other words, exercise caution when preparing an exit strategy.

Preparing to Leave

When you make the decision to leave an abusive relationship, you must be prepared for the subsequent fall out and repercussions. You are making the right choice for yourself, potential children involved, and your future. Here are some tips to take inconsideration before planning your escape; some tips are obvious, and some may not be:

  1. If you feel your safety is at risk, get a civil or criminal restraining order and have it in place before you leave.
  2. Have somewhere to go. Research local domestic violent safe havens and shelters.  Ask a friend if you can stay with her/him, or, if you can afford it, rent an apartment but keep your address from your spouse.

It is also important to remember to take important documents with you. Birth certificates, driver’s license, social security card, health insurance cards, credit cards, and all cards that are in your name. Also, if you can, take any property deeds or bank statements. It is also important to take any restraining or court orders you already have against your spouse with you. This may seem drastic, but only you know how your relationship has been and what you situation is.

Domestic Violence Statistics

The most unnerving thing about incidents of domestic violence are the thousands of cases that go unreported. Women, men, and children are all at risk of the residual effects that can go with an abusive relationship. Thousands of serious cases are reported each year, but even more go unreported. Here are some eye-opening stats about domestic violence in the U.S.:

  1. Every day in the U.S., more than three women are murdered by their husbands or boyfriends
  2. The costs of intimate partner violence in the U.S. alone exceed $5.8 billion per year. $4.1 billion are for direct medical and health care services, while productivity losses account for nearly $1.8 billion.
  3. Nearly 1 in 5 teenage girls who have been in a relationship said a boyfriend threatened violence or self-harm if presented with a breakup.
  4. Studies suggest that up to 10 million children witness some form of domestic violence annually.

Divorce in general is never optimal, but it is a necessity when it comes to abusive relationships. The severity and exposure to abuse can occur on such a wide range, form outright psychical abuse to passive aggressive, emotional abuse. No one deserves to or should live in an abusive  situation. Understandably, these situations are extremely complex, but knowing how to be prepared and what to do will help you when the time comes to make the decision to leave.

If you or someone you know is in an abusive relationship, don’t stay quiet, help them attain the freedom they deserve. But help can come in many different ways. For advice on how best to help, visit the National Domestic Violence Hotline.

5 Common Divorce Mistakes

The latest census poll shows the majority of divorcees of this era are divorcing their first spouse more frequently. This means that these people have never gone through an entire divorce process before and do not know all there is to know about the procedures and steps taken in order to properly and legally finalize a divorce.

The best way to better understand something is to educate yourself on the topic. That is why comprised below are a few of the most frequently made mistakes in the divorce process. Knowing what not to do will hopefully steer you in the direction of what to do.
#1. Believing your spouse will be fair and cooperative.

Divorces can be trying, lengthy and will usually always place stress on all involved. Most people facing a divorce are emotionally vulnerable and upset, and many are in a state of denial.  If a divorce is anything but amicable, always assume that your ex-spouse is going for the jugular. Going into a prize fight assuming your opponent will hit you softly will always end up with you on your back. In the case of divorce, you will never have the settlement you desire if you do not do all you can to obtain it.

#2. Lying to your lawyer.

Lawyers are your allies. They are your direct link to having a smooth and successful divorce. This can only come with complete and utter honesty. Lawyers have heard everything under the sun, and are typically professional about the ins and outs of their clients. Telling them absolutely everything, disclosing all information both good and bad, will ultimately help you in the long run when a decision is made in terms of your marriage dissolution.

#3. Lying in court.

If you do indeed have a trial, the result is directly affected by your credibility. Judges are generally experts at determining who is telling the truth and who is lying. This is because mass amounts of extensive research is done into the marriage and both parties themselves. Not only is lying in court a crime, but you are bound to be caught lying in court. Divorce lawyers have a duty to stop a proceeding and tell the court if he or she knows you are misrepresenting facts of any kind. If you have areas of your case that are sensitive, work with your lawyer on what you are going to say but do not misrepresent the facts.

#4. Allowing emotions rather than logic to rule your legal decisions.

Going through a divorce is most aptly compared to an emotional roller coaster. It is often hard to put feelings aside and keep an eye on the prize by being rational and sensible. As stressful as the situation may be, keeping composure at all times is best for all involved. If you let your emotions gain control, rather than reason and logic, you will undermine your case. Being reflective, versus being reactive, is the best way to approach the proceedings.

#5. Hiding or failing to produce documents.

You have an absolute right to see your spouse’s financial documents throughout all divorce proceedings; but this means your spouse absolutely has the right to see your financial documents too. This should not be a problem, as most couples share finances and share access. Although, on the off chance that separate accounts have been opened or are owned, both known to the spouse and unbeknownst, they need to be disclosed upon filing for divorce. Failure to do so will result in major repercussions. The court can force you to produce records, and order that you pay your spouse’s lawyer fees incurred in getting the records. Good clients and good lawyers produce documents quickly and voluntarily.

So, avoid these pitfalls at all costs. Be open and honest at all times, and let your case speak for itself. Do not make these mistakes, as they will hurt you and your case in the long run.