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Gray Divorce; Divorce after 50

 

A recent story on MSNBC is revealing what has been long suspected but never considered when discussing the Divorce Process; The divorce rate for people over 50 has doubled over the last 20 years according to new research done by Bowling Green State University. More surprising is that the majority of these divorces are being brought forth and initiated by females. The phenomena known as the “gray divorce” is breaking traditional concepts an notions regarding marriage beliefs in a big way and for the reasons that, once scratched beneath the surface, are not only not too surprising but also makes us think its amazing this is happening as late as it did and how.

At first glance this news may seem shocking, one would tend to assume that if you have been married to the same spouse for over fifteen or twenty years the rest of the marriage is a lock and probably never in doubt as to the couples commitments to each other. But that also relies on the assumption that people are stagnant and do not change. There is undoubtedly no question of the abject absurdity of that notion. Before asking “How to get a Divorce” we must acknowledge that notion that people do in fact change, and if the routine of marriage starts to seem oppressive towards someone wanting to fulfill a dream, a hobby, an item on the bucket list etc etc….the gray divorce takes on more of a realistic, sensible realization.

For those moving up in years the idea of not settling for a mundane lifestyle and not going gently into that last goodnight as Dylan Thomas so eloquently wrote is a brave, but not surprising move.
With routine comes familiarity, and familiarity breeds contempt. And later in life once the children have left the nest, the question of child support and custody issues are not at a factor. Who hasnt as some point in there life asked the question of “Is that all there is?” or decided it was well worth the risk to see if the grass really is greener? Regardless the reasons, divorce after 50 will become more and more common. As one of the leading provider of online divorce forms, quite frankly we see a lot of additional reason to gray divorce then simply being tired of the routine or bored of a spouse.

For starters, the advent of the internet has revolutionized the way we gather information. Furthermore, the advances in this technology that have given more people internet access then ever before with the easiest platforms to use means that even those who are deathly afraid of technology can still do the most basic of Google searches. For the housewife in Washington who always dreamed of the Parisian night life of France, being able to research a trip, book a flight, find a friend on Facebook etc etc has never been easier much less the ease of Online Divorce Forms simplifying the process even further. Throw in the number of people who develop online relationships and seek advice from those who they have never personally met means getting opinion and advice is far more accessible.

For instance, telling someone to divorce their spouse and seek out lifes adventures is far more easy to dispense when you have never actually met the person you are dispensing advice to….much less their spouse. Talking and making grandiose plans to an internet friend can take on bold news steps in brevity when working with the assumption you will never actually meet the person who is taking your advice. It is much easier to tell someone to get California Divorce when you do not know them and actually live in Florida. There are conversations that would never take place with your neighbor or a co-worker. Like it or not, the internet and the way we gather information and can form and build interpersonal relationships is a huge factor for those divorcing later in life. Rather than lamenting these changes as a negative-these changes are really just examples and symptomatic of the age in which we live.

Do You Need A Lawyer For An Amicable Divorce?

 

Do You Need A Lawyer For An Amicable Divorce?

Not every divorce requires a lawyer; or complicated court processes. In fact, if both parties are in agreement about the terms, filing for divorce can be done with the right forms and downloadable divorce kits. While many people may feel a bit uneasy when it comes to dissolving a marriage without legal representation, more and more spouses are considering this option. Without sticky issues such as child custody and alimony, getting a Tennessee divorce is a relatively straightforward process. With the right online divorce forms, couples can quickly and easily end a marriage and move on with their lives without the need to endure complicated legal proceedings.

A Tennessee divorce lawyer is a valuable resource for marriages that are not ending peacefully, and sometimes a spouse needs an advocate to fight for their rights. However, if couples can manage to agree on how to end a marriage in a way that is satisfying for both parties, can help. Clients can access that can be filled out, notarized and submitted for processing without spending thousands of dollars for a lawyer to do the same thing. While not for everyone, anyone who is ending a marriage peacefully and willingly should consider this option.

Couples can also consider filling out the appropriate Tennessee divorce. Amicable divorces are generally easy to process and file, so having an experienced divorce lawyer review the paperwork is an affordable option to having them provide costly full-service representation. If you do not have complicated property, financial or child custody issues, you and your spouse can complete the appropriate Tennessee divorce forms and get the process underway as quickly and as inexpensively as possible.

Divorce does not have to be complicated if the parties involved can settle their differences without going to court. For those who are interested in this option,

www.mydivorceforms.com

has the necessary online divorce forms to initiate, process and complete a Tennessee divorce. Downloadable forms simply need to be printed out, completed by both parties and properly submitted. Anyone who wants to avoid the expensive and lengthy process of using attorneys to end a marriage can do it themselves. With the right information, paperwork and attitude, couples can peacefully walk away from a marriage and move on with their lives. While ending a marriage without an attorney is not for everyone, many couples in Tennessee are taking advantage of this affordable and fast option.

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.

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.

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.

Divorced: Forever Changed

 

The definition of marriage has long since been the union of two people in holy matrimony, those two people being clearly defined under law as a man and a woman. However, with change being at the heart of the nation right now, and ever intertwined with the platform of the leader of the free world, it was only a matter of time before the law was changed in order to catch up to the times.

Civil unions and common law marriages have often been the extent to which same sex couples were allowed to be joined under the law, and only in certain states. This is changing, and more traction is being garnered for marriages and divorces alike between same sex couples to be recognized under the law.

Change
One of the key components to any legally binding agreement is the piece of paper telling all those who inquire that it is recognized as such. Divorce papers, marriage certificates, and even birth certificates are all things that tell the world that an event has been recognized under law.

With the mass amount of change coming under many of the clauses comprising family law, the Washington state Health Department will be changing marriage and divorce certificates in response to the same-sex marriage law that takes effect December 6th. This new change means that words such as “bride,” ”groom,” ”husband,” and “wife” will likely be erased from these documents, to not discriminate against any gender or otherwise. The department wants to use gender-neutral terms in order to be more progressive, to adapt to the ever-changing world, and to be correct under the law.

Replacements
All signs, as of now, point to the replacement words on all certificates being something in the area of  ”Spouse A” and “Spouse B”, with names being inserted next to these titles, to ensure no confusion on any further documentation. But the forms will still include gender so the state can track the number of same-sex couples in the state.

The face of divorce is changing one step at a time. With these new changes to the documentation, the law is seeing changes that are enlarging the umbrella everyone falls under. When these laws were conceived and first instituted, they were closed off and put each person in a box. The bottom line is, this is simply not how anyone is meant to be “categorized.” With the ambiguity of the new documentation, everyone can be free from being squeezed into a predetermined box and can be better identified under the law.

Texas Courts Allow Divorce Without Lawyers

In today’s economy, budgets are often a necessity. Even marriages with two working spouses have trouble keeping up with all the bills and living comfortably. Yet when divorce enters the picture, it can quickly become a very expensive ordeal. However, Texas lawmakers voted on a motion to help low-income families, and those filing for an easy, uncontested divorce to use forms that will allow them to move through the process without hiring an attorney.

Legal Aid

Recently reported from Texas, six of the nine Supreme Court justices have voted to approve the use of forms allowing  couples to file for divorce in Texas without hiring an attorney. After months of back and forth battling it was finally put to a vote, much to the ire of the group of family lawyers who vehemently opposed the motion.

The reason given by the lawyers was that these legal forms could lead to confusion and many legal complications if/when mistakes are made in the filing process. However, it has been reported that pro bono and legal aid attorneys can only reach about 20% of the divorce service demand last year.

In its Infancy

Back in 2011 a group of lawmakers, including lawyers, judges, and other experts, and the Texas Access to Justice Commission came together to help create the newly approved forms. The opponents of these forms, who are mostly made up of practicing attorneys, have stated that citizens will be unable to navigate the legal system without the help of an attorney. However, as you can see by the MyDivorceDocuments.com website, and the recent rise in online divorce forms, that is just flat out untrue.

What’s in a Form?

The forms may only be used by couples without children or real estate who are seeking a divorce without the aid and expenses of an attorney. The forms are said to be simple and straight forward to help make the judicial part of the process more efficient going forward. The forms are available now, but as a result of a public comment period that will last until February they may undergo some changes.

An even better route for couples both with or without children in preparing Texas divorce forms is filing for an online divorce. At MyDivorceDocuments.com we have already helped served many citizens in Texas with a logical and 100% legal way to help file for an uncontested divorce; helping save time, money, and stress for those couples who know they want to move forward but are dreading the process. To find out more about online divorce forms and how to file for an online divorce in Texas, visit www.mydivorcedocuments.com today.

Divorcing an Absent Spouse

200259869-001Divorce is a difficult enough process between the court fees and dealing with your spouse. However, divorce without a spouse is just as difficult, if not more stressful. No, you didn’t read that wrong, divorce can be done without knowing where your spouse is.

While some people may be thinking “If only I didn’t know where my spouse was…” those who are in this unique situation are wishing it were otherwise. But the American judicial system is not that cruel as to deny a person a divorce just because their spouse is nowhere to be found.

Search for the Absent Spouse

It is easier to complete divorce process with an absent spouse in some states than others. Most states with the no-fault option, like California, have provisions for spouses seeking a divorce who do not know the whereabouts of their spouse.

It is recommended to make all efforts of locating your spouse, and record your efforts before filing the divorce forms. Essentially, you will have to prove to the court you have exhausted all options of finding your spouse. If you’re at a loss for where to begin, we have compiled a list of the recommended ways of attempting to locate your spouse.

  • Search the phone book

  • Contact their last known employer for information about their current whereabouts

  • Check with the post office to see if they left a forwarding address

  • Check at their last known residence

  • Contact any and all friends or relatives you can for information

  • Send emails or social media messages to their email or profile

  • Check with the DMV, voter registry, and other public records offices

  • Hire a private investigator, if absolutely necessary

File the Divorce Petition

If you have exhausted your search options and still have not found your spouse, then their is one option left: Divorce by publication. The filing process is very similar to a regular divorce proceeding, except for a few things. Included in the regular paperwork is an application for a divorce by publication. To proceed with the divorce by publication, you must provide the court with the evidence of your extensive search.

If the judge accepts the proof of your search, they will grant you a divorce by publication. Then, the court will place an ad in the local newspaper in the area where your spouse is either believed to be or in your spouse’s last known location. The ad will be of the divorce summons, and will include all information about your case, including where your spouse should respond to the divorce summons.

The ad will run in the newspaper for a certain number of weeks, depending on which state the search is taking place. In California, the divorce by publication ad will run in the newspaper once a week for 4 weeks in a row. After the running of the ad, your spouse has 30 days to respond to the court regarding the divorce.

If the spouse does not respond within the grace period, you will be granted a default divorce. However, in California, the courts will not make judgements about any joint property, assets, or child-related matters.

Can I Use an Online Divorce Forms Service?

The divorce by publication process can be completed by an online divorce forms service, like MyDivorceDocuments.com, as long as the aforementioned steps are taken. However, it is advised to research the divorce by publication process in your specific state before beginning the divorce process.

How to Serve Divorce Papers

document serverThe whole divorce process is kind of a headache, but hopefully we can alleviate some of the pain by providing you with helpful information. Today, we are going to delve into the mysterious business of serving divorce papers and how it works.

Can I Serve My Spouse?

Most people think they can serve their spouse with divorce papers by simply handing them over. However, there are legal guidelines that must be observed when serving legal documents to proceed with the divorce. Because you are an “interested party” (meaning you are directly involved in the case), you cannot be involved in serving the divorce papers.

Luckily, there are a few other ways to serve the divorce papers without having to pay someone to do so, or by paying a minimal cost.

Served By Mail

One of the most common ways to service your spouse is by mail, which usually doesn’t cost more than a few dollars. Service by mail is very simple, but to do this you have to include an affidavit of service in the divorce papers. The affidavit is named different things, and sometimes is included in various forms within the divorce forms. The served spouse must sign the affidavit of service, which verifies the spouse was served with the papers by mail.

Mail the divorce papers via first-class U.S. mail with a return receipt. If you ask the post office for a return receipt they will put a slip on the envelope, which must be signed by the recipient upon delivery. Then, the signed receipt of delivery is sent to your address for you records. Keep the return receipt for your paperwork as proof that your spouse received and was essentially served with the divorce papers.

Served By Third Party

Another common, yet free way to service your spouse is by a third party. A third party is basically anyone other than you, your spouse, and any child or person not immediately involved in the divorce proceedings. A third party can be a friend, relative, or neighbor.

The third party must, however, be over 18 years old and must sign the affidavit of service document as well. In some states it is required by law that the third party sign the affidavit in front of a notary public. This option only requires payment for the notary public, which varies from each notary.

Served By Official Service Officer

If neither of these options is agreeable with you, it is possible to hire a service officer to serve your spouse with the papers. A sheriff can be contracted to deliver the divorce papers to your spouse, or you can hire a professional process server.

The official server will know exactly how to complete the little paperwork required from them, like signing the affidavit of service. This option is pricier than the other two, but it is recommended in contested divorce cases where the spouse is trying to delay the divorce by avoiding being served with the divorce papers. A process server can cost anywhere from $30 to $100.

Can I Serve My Spouse With an Online Divorce Company?

With the MyDivorceDocuments.com online divorce forms service, you are able to decide how to serve your spouse, and are provided with all the necessary paperwork to legally prove your spouse was served. However, you must provide your spouse with the divorce papers, either by mail, third party, or process server.

www.MyDivorceDocuments.com | Uncontested Divorce Questions Answered

uncontested divorce questionsContrary to popular belief, not every divorce has to be a drawn-out court affair with dramatic statements and ruthless negotiations. In fact, there are many ways to go about getting a divorce nowadays, and only a few of them involve nasty courtroom brawls. One of the easiest, pain-free ways to get a divorce is by getting an uncontested divorce.

What is an uncontested divorce?

An uncontested divorce does not involve lawyers, court battles, or rulings handed down by judges. Instead, an uncontested divorce involves the divorcing spouses sitting down and deciding for themselves how to divide their marital estate.

This is how it works: The spouses going through an uncontested divorce must either agree or be able to agree on how to resolve the issues brought up in the marital settlement agreement.

Points in the marital settlement agreement in need of resolution include:

  • division of assets (like checking and saving accounts, and profits from a shared business)

  • personal property (like home furnishings, electronics, and cars)

  • real property (like houses, condos, and apartments)

  • debts (credit card debt, mortgages, etc.)

  • whether or not to award spousal support, and how much to award

  • child issues (like child support, child custody, visitation schedules, and more)

How much does an uncontested divorce cost?

The cost of an uncontested divorce is quite minimal, since the divorcee doesn’t have to pay for a lawyer. In an uncontested divorce, you must only pay the filing fee (which varies from state to state).

However, the cost of an uncontested divorce can vary based on how you go about pursuing the divorce. These are your choices:

  • Fill out the forms yourself: The upside to filling out the divorce forms yourself is there is no additional cost. But the downside is that the slightest mistake or inconsistency in your paperwork can lead to your divorce forms being rejected, which would delay the divorce process.

  • Hire a lawyer: Some divorcees choose to hire a lawyer to fill out the divorce papers for them, which drives up the cost of an uncontested divorce quickly. True, the divorce papers will be completed correctly, but the cost is usually not worth the minimal labor.

  • Use a divorce forms service: A divorce forms service is not a legal advisory center or other type of legal aide; it is a company that specializes in completing divorce forms. These companies are usually a good option because the services do not cost as much as a lawyer, and the forms are completed by professionals.

However, be wary of false divorce forms services. Scammy divorce forms service companies usually do not have a method of contact on their website (like a phone number, address, or live customer support module). Before making payments to an online divorce forms service, make sure the website has a method of securing your payment.

Can we get an uncontested divorce if we don’t get along?

You and your spouse may not be the best of friends during your divorce, and that’s okay, even in an uncontested divorce. The divorcing couple may not stand the sight of each other, but as long as they can agree on how they want to settle the matters discussed in first section (division of assets, child issues, and more), they can get an uncontested divorce.

If during the divorce, the spouses find an area they cannot agree on, negotiate, or otherwise overcome, then they may have to seek mediation. If the divorce is at a standstill because of certain issues, then the divorce is considered contested, and the couple will have to hire a lawyer.

Is this helpful information, or is there a question about uncontested divorces we missed? Let us know in the comment box below.