Posts Tagged ‘child custody and visitation’
What You Should Know About Divorce Law
April 16th, 2009 | 
Author: Divorce law can be a convoluted process for everyone involved, especially if the couple seeking a divorce was married for an extensive period of time. Each state and country has their own system and laws in place for divorce proceedings, and the individuals involved have to be aware of every law before reaching an agreement. Finding a lawyer is just the first step in a lengthy and sometimes harrowing experience.
Divorce law involves the process of dissolving a marriage between two people who are are unable live together anymore. Laws will differ depending on the state or country you live in, so it is important to understand your legal limitations before taking any action. After contacting your lawyer, the next step in divorce proceedings is a legal separation. Because some states don’t recognize this, you may not have the choice available to you. If separation is allowed, one of the spouses is expected to leave the home. Then the courts will issue a separation agreement which will protect all parties involved, including children, ensuring that everyone fulfills their legal responsibilities.
After a separation, divorce law proceeds to the filing of a petition to the county clerk. This is usually called the “Original Petition for Divorce.” The party filing for a divorce, called the “petitioner,” must state in the letter their reasons for filing. This letter will also include the names of both parties involved in the proceedings as well as any children involved. The petition is then given to the “respondent,” or the other party involved. They have thirty days to seek their own attorney and give their consent to the petition. When children are involved in a divorce settlement, the petition must be recognized by both parties before either one is allowed to request legal orders to assist with child support guidelines.
Divorce law allows the collection of information on both spouses involved. This is called “discovery,” and normally consists of five steps, depending on the state where the case is handled. The first is a disclosure, where both the petitioner and the respondent list what they feel is rightfully theirs. This includes property, child custody rights, and personal assets. The disclosures are handed out must be evaluated within thirty days. Interrogatories are a list of questions drafted by attorneys to be asked to both parties. These are handed out and must also be answered within thirty days. Some states have limitations on the amount of questions asked by attorneys.
Admissions of facts are another part of the “discovery” process. Either both or one spouse will direct claims to the other party which must be denied or accepted within the allotted time, usually thirty days. Income and personal properties are collected in the next phase, which is referred to as a request for production. The spouse that is served with a request must comply within thirty days. Because this process involves personal information, it is usually here that divorce proceedings slow down considerably. Finally, depositions are needed to fulfill the “discovery” mechanism. Depositions are sworn testimonies of the opposing party and they usually involve witnesses and are often used in court during the divorce proceedings.
Once all the information is gathered, a mediation or trial is scheduled. Mediations are when both spouses meet with their attorneys to discuss the divorce and attempt to reach a settlement without going to court. If a settlement can not be arranged during this time, then a trial is set so both parties can argue their case in front of a judge. Once the judge makes his or her decision, the papers are signed and a divorce is finalized. As with any court proceeding, appeals can be made if one of the parties involved feels the judges ruling was unjust.
Divorce law can be a highly complicated process, especially if more than one state is involved in the proceedings. Depending on the parties involved, divorce proceedings can be swift or take many months before becoming finalized. What you have to go through will depend on where you live and who is involved in the process. Children and finances can contribute to the length of time a divorce settlement takes. What is important is finding a lawyer you can trust and understanding what laws will govern your particular case.
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Posted in Divorce | 
Tags: celebrity divorces, child custody and visitation, child support guidelines, divorce law, divorce settlement | 
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Divorce Court Demeanor Matters
Your actions in divorce court can have a tremendous outcome on your divorce settlement. Judges will look at all the evidence presented to them by both attorneys before deciding a case, but actions can speak louder than the written word. If you fail to conduct yourself in an orderly manner, you could loose some of the concessions regarding property division or custody and visitation rights for your children.
Before entering divorce court, it is vitally important that your lawyer and you work out as many details and issues as possible with your spouse’s lawyer. This is usually performed in what is called an early settlement panel, or divorce mediation. This panel takes place in a court house and is attended by your soon-to-be ex-spouse, you and both attorneys. Family law attorneys listen to both sides of the divorce settlement while both counselors go over property divisions, any marital debt that has accumulated and any other issues that comprise the marital settlement agreement. This process can be extremely helpful because it allows many of the issues to be settled between the couople before a judge even hears the case. In some instances, such as in divorce mediations, issues can be resolved and agreed upon without ever having to go to divorce court.
We have all seen cases on television or in the movies where couples are brought into divorce court, and in the end the “good spouse” wins. In reality, this is not so much the case. A judge has the free will to make his or her own decisions about a case, and that decision may not always be in favor of you. When proceeding with a divorce settlement, it is important to remember this fact because it will help you retain a cool demeanor in front of the judge if something is decided against you. The most difficult time to do this, of course, is when children are involved. What a judge decides regarding child custody and visitation rights will rest on the evidence your lawyer presents and the custody laws governing your state. But often a judge makes his or her decision about joint physical custody based on their personal instincts. So it is important to enter a courtroom with an open mind and a clear outlook on how things could turn out in the end.
Once you enter the divorce court and are seated in front of a judge, it is important to follow the lead of your attorney. There may be instances where you must speak to the judge about particular information. If this occurs, always address the judge as “your honor” and thank him or her for allowing you the opportunity to speak. If there is no need for you to articulate in court, then allow your lawyer to do the talking. Never make the mistake of addressing your spouse in court, especially in front of the judge, with a negative remark. This will only hurt your case, anger the judge, and possibly impair your settlement. Being as prepared as possible is necessary for your lawyer, but it is also important for you too. Take notes during the proceedings because your family law attorney may not have a chance to jot down information if he or she is speaking to the judge. Finally, never bring children to the courtroom with you. This is especially important to remember if there either spouse is seeking custody or if you both want joint physical custody of the child. Divorces are difficult enough for children, and making them witness a fight between their parents could bring unnecessary stress upon them.
Divorce court appearances can be short-lived or drawn out over months at a time. The best way to keep your proceeding relatively brief is by remaining mindful of your actions during the ordeal. Going in with the realization that a judge may not rule in your favor will help you maintain the dignity needed to make it through the settlement with a few bumps and minimal scars. Unlike many of the celebrity divorces shown on television, divorce proceedings for average couples can be done with speed, accuracy and little bickering. Remembering the proper etiquette while following your lawyers lead will help the overall experience.
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How Do I Adjust After Divorce?
Returning to a normal life after divorce can be difficult for anyone. If you were married for several years, or just a few months, the emotional trauma many feel after the papers are signed can affect other aspects of your life. But there are ways to overcome the emotional barriers you feel after going through a divorce, especially when children are involved. Whether you are trying to grow accustomed to having joint physical custody or live under a specific property settlement, you will no doubt experience a few drastic changes.
After divorce takes place, both parties involved may find it hard to move on and start another romantic relationship. This is especially true in cases where one spouse leaves the other. When someone leaves the marriage, they may have an easier time coping with the “emotional baggage” that can accompany a divorce because the person maintains a sense of control over the situation. It becomes difficult for the person “being left” because they feel powerless to control the situation. The role you played in a divorce can determine how well you are able to move on and eventually begin a new relationship. After divorce, try to think about yourself for once and figure out what it is you really want out of a relationship with another individual. This may require you to think back on your marriage to see what went wrong. Was the lack of love mutual between you and your spouse? If you were the one to end the marriage, what made you seek a divorce in the first place? Once you can assess the situation to some degree, avoid falling into isolation, obsessing over the marriage, or trying to find ways to get even. These emotions will only increase the negativity you may already be feeling about yourself or about your former spouse. Instead, give yourself ample time to heal after a divorce and focus on things you always wanted to do during your marriage, but seemed to never find the time for. Focusing on yourself will allow you give you the opportunity to rediscover what makes you happy while diminishing your chances of starting a “rebound relationship” with someone.
Other issues that arise after a divorce are the problems children can face when their parents are living in two different places. Child custody laws can make divorce proceedings difficult and lengthy for everyone involved. In the end, the children are left feeling pulled in two directions. Holidays are the most stressful thing children must adjust to after the custody litigation is resolved. A divorced parent can help their child by making a plan for the holidays and discussing where they will be spending them.
Explain that holiday traditions don’t have to change, but will only be different because both parents won’t be present. Listening to your child’s fears and frustrations about the custody and visitation settlement can help them adjust to living in two places. Many children miss the parent they are not visiting, so allow them to maintain contact during their stay. Helping your child adjust will vary depending on their age, but helping them maintain a sense of normalcy in a difficult situation will help make your relationship with your child stronger.
After divorce, property settlements can be a lengthy and frustrating process to finalize. This is especially true when a couple was married for an extensive period of time. Properties not only include the home you shared, but it can also include vehicles, the family pet and personal belongings. One of the most important things in a property division is finding out who gets the home. If you are keeping the property, be sure the deed is signed over in your name so you can take full responsibility for any payments left on the home. If your spouse gets the home, be sure they sign the deed and take full responsibility. Otherwise, you could be held accountable for payment of the mortgage if they fail to pay the lender.
Financial assets can be awarded to a spouse after divorce, but it can vary depending on your lawyers, the length of the marriage and what both parties originally brought into the marriage. Finally, in some instances, a divorced person can continue to stay on their ex-spouse’s health insurance plan for as long as three years. This is especially true in cases when children are involved and need to stay on one parent’s coverage. Insurance plans will again depend on your divorce settlement and what concessions are made during the proceedings.
After divorce, getting your life back on track can seem daunting. This is especially true when you have to consider property settlements and child custody and visitation rights. Even finding the right time to enter the dating scene again can seem overwhelming. But there are ways to overcome the emotional stress of a divorce. By finding time for yourself and discovering what is important to you, you can gain a whole new outlook on life. This process of self discovery will not only help you on the road to recovery, but it will also facilitate your efforts in making transitions easier for your children.
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