Jan
25
Filed Under (Divorce Issues) by Catherine
Andrew Tenco


Many don’t want to admit this, but divorce might be the only option for a healthy lifestyle. There are many things that go into the decision of whether to get a divorce or not. Since a divorce can have far-reaching effects on your life, it’s important to find out what a divorce can involve before you make your decision. We wish to cover some of the worries you may have regarding divorce and its negative effects.

My spouse has filed for divorce. Can I oppose it?

You can oppose the idea of it, but you cannot stop the proceedings from continuing. Once a spouse has filed for divorce, the other spouse is forced to comply with the filing. The best recourse when your spouse files for divorce is to get a divorce lawyer so you can be sure that your rights are protected immediately. In the United States and Canada, a divorce will be granted even if one spouse files and the other refuses to participate or even acknowledge the proceedings. In most states, there is the “no fault” rule, which means that you can get divorced for any reason. In this situation, your spouse can simply state “irreconcilable differences” and the divorce proceedings can get underway.

What is the process for filing for divorce?

File for divorce without letting your spouse know by heading to the courthouse and filling out all the required paperwork correctly. It’s best to hire an attorney to file the papers for you if you want to ensure that it is done right. If you are afraid of what your spouse might do, the whole procedure can be dealt with without their knowledge until papers are served to them. If your spouse is temperamental, this may be your best choice so that you can be away from home when he/she is served with papers, avoiding any immediate disputes.

Where can I find state-specific information about laws and statutes?

The best and most reputable place to find state-specific information about divorces is at your local divorce attorney’s office. They have been through divorce proceedings and they have a great deal of experience with divorces in your state. You might also be able to find forms and regulations online. If you visit your state’s official website, they might have links to divorce laws and regulations for your state. Most times, there is a small fee to download the forms needed to file for divorce in your state. Be careful, though. Make sure the website you get your information from is a reputable site.

My divorce will be official in a matter of weeks. Can my spouse legally get married again before the divorce is final?

Yes, in a purely technical sense. It is against the law for a person to be married to two or more people at the same time. Marrying someone else is a violation of bigamy laws in many states until your divorce is finalized. This is only a technicality, though. Most of the time, the court will not consider a second marriage as disregarding the law. While you can file suit against your spouse for breaking bigamy laws if they are getting married prior to the finalization of your divorce, this will usually be an exercise in futility since lawyers and the legal system in general usually do not pursue these cases.

I have just filed for divorce. How long will it be before it is final?

If you have filed for an uncontested divorce, the entire ordeal can be over in a matter of a few weeks. If you have a disputable divorce, on the other had, it could be quite awhile before the divorce is officially final. If you have children together, some states require a waiting period before actually filing the divorce papers. The court’s schedule also plays a major role in how long the divorce will take. If they have many cases to go through, you may be waiting awhile. If you talk to the court clerk, they might be able to give you an idea about how long it will be. Your divorce attorney will also have more information to give you a better idea.



Charlene
Justin DiMateo


In the event of a divorce between two parents, the welfare of the children is a predominant concern for the court. One of the issues that must be decided in these situations is the custody of the children, or who they will live with. The other issue is child support; the financial support that is required to raise and care for these children.

When matters like child support are being decided, it helps to have an experience Irvine family law attorney at work on the case. Decisions of child support often follow a complex formula that will take into consideration the parent that the child lives with and the parent with the highest income level. If that person is self-employed, determining income and child support amounts can be even more complicated. A competent lawyer can help parents wade through the complex formulas and guidelines to come to a child support amount that everyone can agree on.

When agreements don’t happen easily, an Irvine family law attorney will work for the interests of the children and custodial parent to ensure a fair amount of child support will be paid. By the same token, the non-custodial parent often needs a lawyer in his corner to ensure that the payment required is fair and affordable. If circumstances in that parent’s life change and child support payments cannot be made, that same lawyer can file for a modification to the agreement to take this change into consideration.

Once an agreement is reached, the custodial parent will be counting on the fact that payments will be made on time and in full every month. If the checks do not come in a timely fashion, an experienced Irvine family law attorney can file the proper paperwork with the court to ensure that payments begin again or back payments are made with the appropriate interest charges included. In California, the rate on late child support payments is 10%, and there is no statute of limitations on that money. A competent lawyer will make sure those payments are resumed quickly and correctly.

In some cases, the court will work to set up a system where child support payments are taken directly from the non-custodial parent’s paycheck. This will ensure that payments are sent on time, every time. If payments still become delinquent, there are other measures that an attorney can take to ensure payments resume as soon as possible. These might include seizing assets like property or withholding the amount out of a tax refund. The key in collecting this money will be to find an experienced Irvine family law attorney who is able to work through the system to get the necessary compensation to those who need it most.

Child support can be a sticky issue in the divorce proceedings. The good news is that the law protects both parties in this situation to ensure a fair deal. Whether you are trying to collect child support payments from a reluctant spouse or needing to modify the support agreement in any way, an experienced Irvine family law attorney can ensure the moves swiftly and smoothly.



Christopher
Jan
24
Filed Under (Divorce Issues) by Catherine
Ernie Fitzpatrick


I’ve heard some real horror stories about Houston’s infamous family law court so I am not surprised that a state appeals court Thursday said authorities had no right to seize more than 440 children in a raid on the splinter group’s compound last month. Unfortunately Texas family law courts seem to think they own the children.

The Third Court of Appeals in Austin said the state failed to show the youngsters were in any immediate danger, the only grounds in Texas law for taking children from their parents without court action.

It was not clear when the children — now scattered in foster homes across the state — might be returned to their parents. The ruling gave a lower-court judge 10 days to release the youngsters from custody, but the state could appeal to the Texas Supreme Court and block that. Who has ever heard of rounding up 400+ kids, separating them from their mother and dividing them up across the state to various entities.

Every child at the Yearning For Zion Ranch in Eldorado was taken into custody more than six weeks ago after someone called a hot line claiming to be a pregnant, abused teenage wife. The girl has not been found and authorities are investigating whether the calls were a hoax.

A HOAX! The state kidnapped 400+ kids, traumatized them, and usurped the mother’s rights based on an unsupported claim. If it happened to them, it can happen to anyone!

Child-protection officials argued that five girls at the ranch had become pregnant at 15 and 16 and that the sect pushed underage girls into marriage and sex with older men and groomed boys to enter into such unions when they grew up. How about the weird concept of “presumed innocence”. Is that still a vaild point of law in America- or Texas?

Is judicial illegality better than polygamy?

More specifically, the court said, “Even if one views the FLDS belief system as creating a danger of sexual abuse by grooming boys to be perpetrators of sexual abuse and raising girls to be victims of sexual abuse … there is no evidence that this danger is ‘immediate’ or ‘urgent’,” the court said. “Evidence that children raised in this particular environment may someday have their physical health and safety threatened is not evidence that the danger is imminent enough to warrant invoking the extreme measure of immediate removal.”

And the measures were extreme- beyond EXTREME! Can you say INSANE?



Allison
Amee


Divorce and child custody cases are often sensitive and emotional matters. A good and sensitive attorney, who understands you and your needs, can formulate a plan to protect your rights and assets. Divorce affects you in two ways financially and emotionally. Typically, the parent who does not end up with primary custody of the children will have a faster economic recovery from divorce.

When you decide live separately, at that moment you not think about your children. How much they will get affected, by your this kind of big decision? Your children are your responsibility and you cannot ignore them. Please keep in mind that the purpose of custody legal action is supposed to be to determine the best home environment for the children. When parents engage in bitter, spiteful, aggressive litigation, they make the transition much more difficult for their children, and they also damage their ability to communicate once the litigation has ended.

If you understand your children, their needs and emotions then child custody will not be a big problem for you. But if both mother and father think that children will be happy with them, problem arises at the big level. At that time, they require good legal advisor who help them.

Most of child custody lawyer suggest that information gathering is the heart of the child custody. You can obtain the information from a variety of sources like school reports, previous assessments, and medical reports and often includes a review of court records pertaining to the current action, criminal reference checks on parents and at times new partners and Children’s Aid Society reports.

In addition to the gathering of reports, required interviews of the parents and the children in various combinations are taken by the assessor. Where a parent has a new partner, spouse or girl/boy-friend, they will likely be included in the interview process. They can include other family friends, employers, colleagues, teachers, professionals and extended family members if deemed necessary by the assessor.

After completion of the information gathering and all, assessor prepares a detailed report that sets out recommendations for parenting arrangements to meet the best interests of the child. The recommendations specify a parenting plan that can include who has primary responsibility for making decisions affecting the child’s life, living/care and school arrangements and may also include recommendations for parents and/or child to address gaps or concerns related to parenting abilities.

The process ends with a disclosure meeting with parents to review the report; it may include parent’s lawyers also. They make sure that the information on which they are giving the child custody, are correct and both parents and lawyers understand the report and recommendations.

Even after a long discussion, I think that it will be better if parents try to solve this problem out of the court. By this process children really get hurt. It is my personal advice that keeps away your children from your personal problems.



Eugene
Jan
22
Filed Under (Divorce Issues) by Catherine
Steven Carlson


San Bernardino County has close to 3,000 San Bernardino attorneys or San Bernardino lawyers registered with the State Bar of California. Some popular cities within San Bernardino County where San Bernardino County attorneys may be practicing law are Adelanto, Alta Loma, Amboy, Angelus Oaks, Apple Valley, Baker, Barstow, Big Bear City, Big Bear Lake, Big River, Bloomington, Blue Jay, Bryn Mawr, Cadiz, Cedar Glen, Cedarpines Park, Chino, Chino Hills, Cima, Colton, Crest Park, Crestline, Daggett, Devore Heights, Earp, Essex, Etiwanda, Fawnskin, Fontana, Forest Falls, Fort Irwin, Grand Terrace, Green Valley Lake, Guasti, Helendale, Hesperia, Highland, Hinkley, Joshua Tree, Lake Arrowhead, Landers, Loma Linda, Lucerne Valley, Lytle Creek, Mentone, Montclair, Morongo Valley, Mountain Pass, Needles, Newberry Springs, Oak Glen, Oak Hills, Ontario, Oro Grande, Parker Dam, Patton, Phelan, Pinon Hills, Pioneertown, Rancho Cucamonga, Redlands, Rialto, Rimforest, Running Springs, San Bernardino, Skyforest, Spring Valley Lake, Sugarloaf, Trona, Twentynine Palms, Twin Peaks, Upland, Victorville, Wrightwood, Yermo, Yucaipa, Yucca Valley, and others. With so many attorneys practicing law in San Bernardino County California, how do you find the right San Bernardino County divorce attorney or San Bernardino County divorce lawyer who can help you with your particular divorce case and/or child custody case?

First, an experienced San Bernardino divorce attorney or San Bernardino divorce lawyer should have experience and legal expertise in the field of family law. Family law covers a variety of topics such as divorce or dissolution of marriage, paternity, domestic partnerships, child custody and visitation, domestic violence, restraining orders, spousal support, child support, guardianship, adoptions, community property, division of property, and more. Some San Bernardino divorce attorneys may specialize or have more experience than others in specific areas of family law. For example, some San Bernardino attorneys are certified by the State Bar of California or an organization accredited by the State Bar of California as a specialist in the field of family law. Currently, San Bernardino County has approximately two dozen Certified Family Law Specialists (CFLS) registered with the State Bar of California. These San Bernardino County attorney’s have made efforts to become State Bar certified in the field of family law. In other words, of almost 3,000 San Bernardino County attorneys in California, only two dozen are Certified Family Law Specialists (CFLS). However, just because a San Bernardino County attorney is not a Certified Family Law Specialist does not mean he/she is not qualified and/or experienced to handle a San Bernardino County family law, divorce and/or child custody case. In fact, there are many well-qualified San Bernardino County attorneys or San Bernardino County lawyers who do not hold State Bar certifications. If you are searching for a San Bernardino County divorce attorney or San Bernardino County divorce lawyer and you do not know what to look for or where to begin, narrowing down your search to only those who practice family law in San Bernardino County may be a good place to begin.

Further, an experienced San Bernardino divorce attorney or San Bernardino divorce lawyer should have success representing clients on child custody and divorce cases in San Bernardino County. He/she will likely be familiar with the judges, processes, and procedures in the San Bernardino County family court which an attorney outside of San Bernardino County may not have. However, just because an attorney or lawyer is not located in San Bernardino County California does not mean he/she is not qualified and/or experienced to represent you on a family law, divorce, or child custody case in San Bernardino County. Ultimately, if you have a child custody and/or divorce case in San Bernardino County, you will want to investigate any prospective attorney’s background and experience and choose the right divorce attorney or divorce lawyer you believe can help you with your San Bernardino divorce case and legal need.

© 2007 Child Custody Coach

Child Custody Coach supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting, and all issues related to child custody and divorce. “How to Win Child Custody – Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost!” is a unique child custody strategy guide written by The Custody Coach and made available by Child Custody Coach in an easy to read, understand, and apply E-Book format. Custody Match is an online consumer and family law attorney matching service to help you in your search for the right attorney for your divorce or child custody case. Custody Match can help you find the right family law attorney, divorce lawyer, or child custody attorney in your area.



Anne-Marie