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The Three Ways to Divorce

Filing for a divorce is the beginning of a major change in one’s life. There are two components of the divorce process that are sometimes hard to keep separated. The emotional divorce, which might already have happened between the divorcing couple, and the official divorce proceedings, which is usually a ongoing. In the official divorce proceeding almost every aspect of the marriage and material goods is negotiated and divided in a way that either the couple sees fit, or the courts deem fair.

However, it is often the case that many couples, clinging to the intense emotional side of divorce, cannot come to a reasonable decision regarding spousal or child support, as well as the division of marital assets. Even with the help of mediation, the intensely personal situation can create a standoff between spouses. The standoff often then leads to the costly arbitration and litigation process. Let’s take a look at the 3 ways the standoff between divorcing spouses can be worked though.

Negotiation

Negotiations are the first step in the process of reaching an agreement between spouses on all the assets, custody, and potential support agreements. Think of the negotiations as taking your wish list regarding how you divide your assets and what your parenting responsibilities should be, and use that wishlist as your starting point. “It’s me and my lawyer versus you and your lawyer finding a compromise”– all with the goal of reaching an acceptable middle ground. Try to avoid the “it’s me and my lawyer versus you and your lawyer trying to get as much as possible,” because then you both will be are stuck in a stubborn, petty stalemate.

The purpose of negotiation is using it to avoid trial. When people file for divorce there’s an expectation that there will be some maneuvering and bargaining and, eventually, a settlement rather than full blown court trial. The typical pattern is to use the threat of trial to get people to bargain and stay out of court.

Arbitration

Arbitration is, in a way, similar to litigation, but it is outside of a courtroom. It is a private process. The divorcing spouses, together with their lawyers, pick a third party decision maker, who is usually a retired judge or senior lawyer with family law experience.

What happens in arbitration is the decision being debated between the couple is imposed by the arbitrator. Unlike mediation, no one helps the couple come to an agreement; the decision is made for them. And, usually, if you don’t like the decision it can’t be appealed, which means you can’t argue it out again for the decision maker to change his or her mind.

Litigation

Litigation is usually the option of last resort. Going to court can be emotionally difficult and very expensive. The lawyers try to poke holes in your persona, showing that you are unfit. That’s why it is called the adversarial process. There is one winner, and one loser. It’s not a win – win situation. It’s a war and there are distinct sides.

Like arbitration, the decision is made by a third party. Unlike arbitration, you can’t pick your decision maker and the judge doesn’t always have family law experience. Another difference is that arbitration is private, and litigation is public. Being public means that there is a public, court record of the dispute.

Avoiding arbitration and litigation is the goal of most divorcing couples. Having to go through a long, dragged out process that ultimately may take the decision-making power out of your hands on very personal matters is simply unacceptable for most people. Today with the option of an online, do it yourself divorce, couples who make an agreement on the major issues of their dissolution can save tremendous amounts of time and money by doing it themselves. At MyDivorceDocuments.com we provide those couples who qualify for an online divorce with accurate and 100% legal divorce papers. Visit our site today and take the first step towards the next phase of your life.

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.

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.

Men More Likely to Remarry Than Women?

No one has ever questioned the want to get remarried after a divorce. It seems like the logical next step in modern times to try to find that one special person again. Since the 1970’s, divorce has embedded itself in our pop culture. So it is natural that this would a situation where people are going on second and even third marriages.  Recently, however, a study was released that showed a disparity between the paths of male and females when approaching the possibility of a second marriage after a divorce.

Gender Disparity in Second Helpings

A recent study released says that divorced men are get over their complicated break-ups faster, and are more willing and ready to remarry than divorced women.  The study of 2,000 adults found that 47% of divorced men are more eager to wed again, compared to just 20% of previously married women. This contrasts the traditional,and somewhat sexist notion, that women are looking for love more than men.

A further 42% of divorced men admitted they were keen to get back on the dating scene. Women were reported to be slightly more reserved about venturing back into the dating world with less than one in five considering doing the same thing. 31% of divorced men also revealed they have tried venturing into the internet dating world following their marriage break-up, compared to 19% of women.

The State of Relationships

This UK study, finished and released to coincide with the DVD release of Crazy, Stupid, Love, surveyed 2,000 divorced adults. The reason and the way the study itself was done says something about where we are as a society concerning the repetition of failed relationships and the new movie genre dealing with the recovery from a failed marriage.

Yet given research study limitations, they should always be taken with a grain of salt. Many contrasting studies exist, showing “proof” of one idea or another, or making a claim to the effect of divorce on everyone from children to the family pet. One thing is for certain though: Divorce, as well as second and third marriages, are here to stay. Understanding the divorce process and everything that goes along with it, both emotionally and legally, can help minimize the residual damage this permanent  relationship schism.

Uncommon Factors in Doomed Marraiges

The world is full of contradictions and the human race is directly responsible for many of those confusing aspects in life, which may lead you to even more confusion. When it comes to marriage, divorce, and society, everyone has an opinion and no one will ever admit they really cannot predict what is going to happen in any marriage, ever. Of course one can play the statistics, and almost any sort of data chart could be made up to prove or disapprove the fact that one marriage will make it and another will end in divorce. With that being said, here are some studies done on some uncommon factors that can play a part in whether a marriage will be successful or end with divorce papers.

Simply Red

According to a study done by theNational Vital Statistics Report, married couples who live in a red state are 27% more likely to divorce than married couples who live in a blue state. Not really something many people are conscious of when settling down, but there are legitimate reasons why this could be very likely. The average age when people marry tends to younger in red states, the younger the age of a couple at the time of marriage, the riskier it is that the marriage will succeed.

Where There’s Smoke…

According to a study done by Melbourne Institute of Applied Economic and Social Research, if only one partner in a marriage is a smoker, the couple is 75 percent to 91 percent more likely to divorce than smokers who are married to fellow smokers. So much for putting differences aside. Although it has been proven that couples with similar values, view points, and social tendencies are more often to not only end up together but stay together. From age to preference in music genre, the little things count, and for some people, smoking is no little thing.

Age Ain’t Nothing But a… Oh Wait

From the same report by the Melbourne Institute of Applied Economic and Social Research comes a statistic that speaks more to male insecurity than anything else. According to the study, if you’re a woman two or more years older than your husband, your marriage is 53 percent more likely to end in divorce than if he was one year younger to three years older. Come guys, act your age; or maybe act even three years older than your age, if it can save your marriage. No surprise here either, many men are easily emasculated. Don’t fret women, if love, care, respect, and friendship can’t transcend 3 years of age difference, chances are you should get out anyway.

Divorce comes in many shapes and sizes these days; both with outlandish and crazy stories of how horrible people can be to each other, as well as the changing climate of the divorce process. If you find yourself cascading towards divorce, remember: You don’t have to drag out the whole ordeal with lawyers, courts, tears, and stress. An online divorce can be painless and much cheaper. To learn more about online divorce, visit www.mydivorcedocuments.com.

Going Through a Divorce? Find an Outlet

You have been stuck in a combustible situation for a while. Finally you and your spouse have confronted the issue and realized it cannot be rectified. Moving forward in the divorce process can be both a relief and very tough time in one’s life. If you have kids you will have worries for the future and many things to work on before your life settles back down into a routine. In the meantime you need to find some time just for you. Having an outlet for your frustrations, worries, or just having a place to vent can be important in keeping a cool head and shedding potential stress during these frustrating days ahead.

Find Your Voice

You don’t have to be a “writer” to vent your frustrations through words. Start a blog; center it around your current situation or even something totally different you find joy in. Food, travel, music, art, business, or anything you find interesting enough to lose yourself in a couple times each week. This isn’t a serious professional endeavor, so don’t worry about making it as professional as possible; this is solely for you, and in the end it can be a great escape from your daily troubles.

It doesn’t have to necessarily be a blog either; it can be a diary or journal. Maybe that is too old fashioned for you. In that case, just write. Getting your frustrations, worries, or deepest fears out of your mind and on paper or computer screen can be therapeutic. No one has to see it, you can even erase it after you have written it, although we don’t recommend that choice. This can be a great way to internaly confront your worries.

All In The Family

Divorce, in a sense, can be seen as the loss of your family. That may be a dramatic way to express it, but in some ways it is true. The nuclear family becomes divided; kids may bounce back and forth between you and your spouse house on a weekly or monthly basis depending on the outcome of the divorce proceedings. This is a time to lean on your own family members. Having your family around in a time like this can be a big help. In addition, your family can be an outlet for your frustrations. Cousins, brothers, sisters, and parents can be great sources of relief and friendship during this time of crises. Everyone needs someone to talk to. Your family will always be there through good times and bad; keep them close and you will never feel lonely.

Divorce can be trying on anyone’s lives, both parents and kids. Having the necessary outlets as well as social and mental cushions while going through the process can go a long way towards keeping a positive attitude and staying focused on your responsibilities. Never think you’re alone. Millions of people go through the divorce process, whether it’s an uncontested divorce or a dragged out in a court heavy process. Many often feel as if they have no one to talk to, this is never true. Reach out and connect with the positive people in your life and good things will happen.

Preparing for a Child Custody Battle

Becoming single can be a scary thing. Along with the swirling emotions and impending divorce, the uncertainty of the future can create a negative residual effect on your daily life as you try to get through this upsetting process. However, with that being said, it is important to understand the custody laws and potential ruling, as well as taking the necessary steps to ensure you do not make a crucial mistake. We are speaking more about contested divorce rather than a mutual understanding, uncontested divorce proceeding.

Know the Law

Understandably, you are more than likely going to hire a lawyer, but it will help in many ways to get familiar with the custody laws and procedures in your local area. The laws around child custody can very state by state and even county by county in some states. The procedures may vary and understanding what the potential and likely outcomes are can only arm you with the knowledge needed to potentially make tough decisions; but it can also help alleviate any fears, both rational and irrational when it comes to this emotionally toxic situation.

Get Help

Do your due diligence when it comes to hiring a lawyer. If you know you’re going to be in a battle over custody in a contested divorce make sure you do the research and hire a lawyer you trust, as well as one that specializes in child custody. You may be able to get free consultation on the matter. Make sure you get involved in your case and do the necessary homework when you do hire a lawyer, don’t just sit back and assume you don’t need to know anything about the proceedings and potential outcomes. Don’t allow yourself to be blindsided by anything in your divorce proceedings, and things are more likely to go your way.

If there are other complications in your divorce proceedings, like child abuse, spousal abuse, or even your ruthless spouse’s lawyer, make sure you do the right things. For example, in situations of domestic abuse, contact a local shelter to inquire about assistance, legal or otherwise; never try to keep it hidden because it won’t go away. Be sure to conduct yourself properly throughout your divorce proceedings; do not do anything to further implicate yourself in a negative way.

There is no sure fire way to make it through the divorce process unscathed. It can be a devastating thing if you let it, but believe it or not, there are positive things that can come out of it. Most couples wait until the breaking point to confront their issues, so be glad you got to this point and the end of a bad phase is in site and the beginning of a new, positive phase is on the horizon. Life is full of complications; don’t let yourself be weighed down to the point where you are afraid of changing the negativity around you. For more information about all laws on divorce in each state or to find out information on how to file for an online divorce, visit www.mydivorcedocuments.com.

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.

Divorced Women Lose Health Insurance

Each year, thousands of couples file and go through the divorce process. While divorce has become notorious for bringing about long heated battles between husband and wife, there are other repercussions that can be more damaging than losing marital property. Health insurance is already a frequently debated topic in our nation with President Obama’s health care plan to bring about a new era in health care coverage. However, a recent study has shown that divorce of all things can affect a woman’s ability to retain their health care coverage. Let’s take a look.

Study Released

A study released by the University of Michigan and supported by the University of Michigan’s national Poverty Center shows a reoccurring problem for women after divorce. The study was analyzed and focused on nationally representative data ranging from 1996 to 2007. It had a range of ages in women from 26 to 64. The results of the study showed that 65,000 divorced women will lose all of their health insurance coverage in the months following a divorce. The reasons stated was that they no longer would qualify as dependents under their husband’s policies, and many reported being unable to afford the premiums that go with having private insurance. In spite of the financial hardships that can be a result of a divorce, many of these women do not qualify for Medicaid and other various public insurance options.

Reasons for the Repercussions

Women with employer-based jobs were said to have less trouble in losing their coverage. It was reported that women in moderate-income families face the greatest loss of insurance coverage. They are seemingly caught in the middle, while higher income women can afford private premiums and lower-income families qualify for public aid of certain kinds. Women and families in the middle can do neither.

It remains to be seen what the Affordable Care Act can do to potentially change this situation, or if it is something that will need to be readdressed separately as part of an overarching plan to get people insurance who were covered under their ex-husbands or even ex-wife’s plans. However, there are provisions that will potentially address this situation that may be of substantial help to those in need.

While divorce can be a socially and financially taxing time it doesn’t always have to be. At MyDivorceDocuments.com, we have all the information needed to learn about divorce laws and the divorce process. Pursuing an uncontested online divorce can be a way to save both time and money when entering into the divorce process. Visit www.mydivorcedocuments.com to learn how you can pursue a cheap, online divorce today.

The Difference Between Legal Separation and Divorce

Legal separation and divorce, contrary to some thinking, are considered two separate things. However, many of the stipulations in legal separations, as well as the rights that one person has when entering legal separation, are comparable and similar to that of a divorce. Legal separation allows couples who may consider their marriage to be “failing” make a temporary arrangement of separation, while it is understood they will  continue to work out their problems, as they still remain legally married. Reconciliation is the goal in legal separation and can be issued, like divorce, through a court order.

Specifics

In a sense, legal separation is a form of temporary divorce. While the word divorce implies a permanent separation, legal separation is meant to be temporary and does not automatically lead to divorce. Couples can reconcile, but if they wish to move on and get a divorce, they will have to go through the divorce process dictated by where they live.

The legal separation process and relief offered, however, is very similar to divorce; in some situations in can mirror the process of divorce. For example, a court can grant legal separations due to “irreconcilable differences leading to the breakdown of the marriage.”

Legal separation also can allow both parties to set provisions and guidelines concerning the following areas:

  1. Child Support
  2. Child Custody
  3. Visitation
  4. Division of Marital Property
  5. Spousal Support
  6. The Marital Home
  7. Health Insurance Benefits
  8. Life Insurance

The Difference

The lines can often be blurred when it comes to individual differences between legal separation and divorce. As stated, it’s more of an overarching difference meant to give marriages a chance to take a break in an attempt to solve their issues and move forward, rather than just having a black and white decision of marriage or divorce.  Some of the differences specified between legal separation and divorce will vary due to the state’s laws and jurisdiction when handling these kinds of cases.

Although MyDivorceDocuments does not provide legal separation papers, those who have tried legal separation and decided to move forward with a divorce can benefit from an inexpensive online divorce. Online divorce is meant to help couples who amicably understand their marriage is over and can agree to certain grounds to pursue an uncontested, no-fault divorce. To learn more about an online divorce or to get started on the divorce forms, visit www.mydivorcedocuments.com today.