Divorce Issues|Lets talk about divorce
Oct
29
Filed Under (Divorce) by Catherine
Steven Carlson
Child custody is a legal term that is often used by the family courts to describe the rights and responsibilities of divorced parents and their minor children, the residency or placement of the children, and the relationship and/or amount of contact the children have with each parent. When divorced parents are unable to agree on such issues, the family courts are often left with the difficult task of determining the best custodial arrangement of the children and parenting plan for the parents. The more parents understand what is involved in child custody determinations the more informed they will be in making decisions regarding their children after a divorce.
Rights and responsibilities of the parents
The rights and responsibilities of each parent to their minor children includes decisions regarding the raising and general welfare of the children on issues such as the children’s education, medial care, dental care, and religion. Such rights and responsibilities are commonly referred to as legal custody of the children.
Residency or placement of the children
The residency or placement of children refer to where the children will live and spend majority of his/her time. Often times a child will live with one parent more than the other parent and the parent that the child lives with the most will typically be responsible for the day-to-day care of the child. In some cases, the child will live equally with both parents, close to equally with both parents, or live a significant amount of time with each parent and the parents will share in the responsibilities and day-to-day care of the child. The residency or placement of child and day-to-day care of the child are commonly referred to as physical custody of the children.
Relationship and/or amount of contact the children have with each parent
In the case where the child resides or lives primarily with one parent, the time spent with the other parent is often referred to as visitation. The parent that the child lives with more is often referred to as the custodial parent and the parent with visitation is referred to as the noncustodial parent. In such cases, the noncustodial parent will typically have a visitation schedule that describes his/her contact with the children. The visitation schedule is sometimes referred to as a parenting arrangement.
When divorced parents are unable to agree on the rights and responsibilities of the parents and their minor children, the residency or placement of the children, and the relationship and/or amount of contact the children have with each parent, the family courts are often left with the difficult task of determining the best custodial arrangement of the children and parenting plan for the parents. The more parents understand what is involved in child custody determinations the more informed they will be in making decisions regarding their children after a divorce.
© 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.
Child custody is a legal term that is often used by the family courts to describe the rights and responsibilities of divorced parents and their minor children, the residency or placement of the children, and the relationship and/or amount of contact the children have with each parent. When divorced parents are unable to agree on such issues, the family courts are often left with the difficult task of determining the best custodial arrangement of the children and parenting plan for the parents. The more parents understand what is involved in child custody determinations the more informed they will be in making decisions regarding their children after a divorce.
Rights and responsibilities of the parents
The rights and responsibilities of each parent to their minor children includes decisions regarding the raising and general welfare of the children on issues such as the children’s education, medial care, dental care, and religion. Such rights and responsibilities are commonly referred to as legal custody of the children.
Residency or placement of the children
The residency or placement of children refer to where the children will live and spend majority of his/her time. Often times a child will live with one parent more than the other parent and the parent that the child lives with the most will typically be responsible for the day-to-day care of the child. In some cases, the child will live equally with both parents, close to equally with both parents, or live a significant amount of time with each parent and the parents will share in the responsibilities and day-to-day care of the child. The residency or placement of child and day-to-day care of the child are commonly referred to as physical custody of the children.
Relationship and/or amount of contact the children have with each parent
In the case where the child resides or lives primarily with one parent, the time spent with the other parent is often referred to as visitation. The parent that the child lives with more is often referred to as the custodial parent and the parent with visitation is referred to as the noncustodial parent. In such cases, the noncustodial parent will typically have a visitation schedule that describes his/her contact with the children. The visitation schedule is sometimes referred to as a parenting arrangement.
When divorced parents are unable to agree on the rights and responsibilities of the parents and their minor children, the residency or placement of the children, and the relationship and/or amount of contact the children have with each parent, the family courts are often left with the difficult task of determining the best custodial arrangement of the children and parenting plan for the parents. The more parents understand what is involved in child custody determinations the more informed they will be in making decisions regarding their children after a divorce.
© 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.
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Oct
17
Filed Under (Divorce) by Catherine
Trevor Kassulke
Introduction
Divorce or dissolution of marriage is the ending of a marriage before the death of either spouse. Divorce existed in antiquity, dating at least back to ancient Mesopotamia and was granted only because one party to the marriage had violated a sacred vow to the “innocent spouse. Divorce before the 1920’s was based on the husband not providing ‘life’ necessities’ for his child and wife.
Often, however, the spouses disagree about the terms of the divorce, which can lead to stressful and expensive litigation. Divorce mediation is an alternative to traditional divorce litigation. Divorce mediation can be significantly less expensive than litigation.
Divorce
Less adversarial approaches to divorce settlements have recently emerged, such as mediation and collaborative divorce, which negotiate mutually acceptable resolution to conflicts.
No Fault Divorce
Under a no-fault divorce system the dissolution of a marriage does not require an allegation or proof of fault of either party to be shown. Common reasons for no-fault divorce include: incompatibility, irreconcilable differences, and irremediable breakdown of the marriage. Forty-nine of the United States have adopted no-fault divorce laws. Fault divorces used to be the only way to break a marriage, and people who had differences only had the option to separate (and were prevented from legally remarrying). Fault divorce can affect the distribution of property, and will allow an immediate divorce, in states where there is a waiting period required for no-fault divorce.
Collaborative Divorce
Collaborative divorce is becoming a popular method for divorcing couples to come to agreement on divorce issues. In a collaborative divorce, the parties negotiate an agreed resolution with the assistance of attorneys who are trained in the collaborative divorce process and in mediation, and often with the assistance of a neutral financial specialist and/or divorce coach(es). Once the collaborative divorce starts, the lawyers are disqualified from representing the parties in a contested legal proceeding, should the collaborative law process end prematurely. Most attorneys who practice collaborative divorce claim that it can be substantially less expensive than other divorce methods (regular divorce or mediation). Furthermore, there are no set enforceable timelines for completion of a divorce using collabrative divorce.
Divorce Mediation
In a divorce mediation session, a mediator facilitates the discussion between the husband and wife by assisting with communication and providing information and suggestions to help resolve differences. At the end of the mediation process, the separating parties have typically developed a tailored divorce agreement that can be submitted to the court. The terms of the divorce are also determined by the court, though they may take into account prenuptial agreements or postnuptial agreements, or simply ratify terms that the spouses have agreed on privately.
Other Considerations
In their detailed analysis of divorce rates, Kuhn and Guidubaldi conclude that acceptance of joint physical custody may reduce divorce. There are significant emotional, financial, medical and psychological implications of divorce. A defense is expensive, and not usually practical as eventually most divorces are granted. It is estimated that upwards of 95% of divorces in the US are “uncontested,” because the two parties are able to come to an agreement (either with or without lawyers/mediators/collaborative counsel) about the property, children and support issues. When the parties can agree and present the court with a fair and equitable agreement, approval of the divorce is almost guaranteed.
Introduction
Divorce or dissolution of marriage is the ending of a marriage before the death of either spouse. Divorce existed in antiquity, dating at least back to ancient Mesopotamia and was granted only because one party to the marriage had violated a sacred vow to the “innocent spouse. Divorce before the 1920’s was based on the husband not providing ‘life’ necessities’ for his child and wife.
Often, however, the spouses disagree about the terms of the divorce, which can lead to stressful and expensive litigation. Divorce mediation is an alternative to traditional divorce litigation. Divorce mediation can be significantly less expensive than litigation.
Divorce
Less adversarial approaches to divorce settlements have recently emerged, such as mediation and collaborative divorce, which negotiate mutually acceptable resolution to conflicts.
No Fault Divorce
Under a no-fault divorce system the dissolution of a marriage does not require an allegation or proof of fault of either party to be shown. Common reasons for no-fault divorce include: incompatibility, irreconcilable differences, and irremediable breakdown of the marriage. Forty-nine of the United States have adopted no-fault divorce laws. Fault divorces used to be the only way to break a marriage, and people who had differences only had the option to separate (and were prevented from legally remarrying). Fault divorce can affect the distribution of property, and will allow an immediate divorce, in states where there is a waiting period required for no-fault divorce.
Collaborative Divorce
Collaborative divorce is becoming a popular method for divorcing couples to come to agreement on divorce issues. In a collaborative divorce, the parties negotiate an agreed resolution with the assistance of attorneys who are trained in the collaborative divorce process and in mediation, and often with the assistance of a neutral financial specialist and/or divorce coach(es). Once the collaborative divorce starts, the lawyers are disqualified from representing the parties in a contested legal proceeding, should the collaborative law process end prematurely. Most attorneys who practice collaborative divorce claim that it can be substantially less expensive than other divorce methods (regular divorce or mediation). Furthermore, there are no set enforceable timelines for completion of a divorce using collabrative divorce.
Divorce Mediation
In a divorce mediation session, a mediator facilitates the discussion between the husband and wife by assisting with communication and providing information and suggestions to help resolve differences. At the end of the mediation process, the separating parties have typically developed a tailored divorce agreement that can be submitted to the court. The terms of the divorce are also determined by the court, though they may take into account prenuptial agreements or postnuptial agreements, or simply ratify terms that the spouses have agreed on privately.
Other Considerations
In their detailed analysis of divorce rates, Kuhn and Guidubaldi conclude that acceptance of joint physical custody may reduce divorce. There are significant emotional, financial, medical and psychological implications of divorce. A defense is expensive, and not usually practical as eventually most divorces are granted. It is estimated that upwards of 95% of divorces in the US are “uncontested,” because the two parties are able to come to an agreement (either with or without lawyers/mediators/collaborative counsel) about the property, children and support issues. When the parties can agree and present the court with a fair and equitable agreement, approval of the divorce is almost guaranteed.
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Sep
19
Filed Under (Divorce) by Catherine
Elijah James
Child custody battles, and the ensuing oversight of law enforcement in the child’s upbringing, can feel like unwarranted intrusion into family matters. However, child custody laws are designed with the child’s well being in mind and, where warranted, most children will benefit from state intervention. The primary aim of any child custody judgement is to secure the safety and wellbeing of the child, for this reason alone child custody laws protect and safeguard kids.
Child custody judgements come in a variety of forms which generally depend upon the makeup of the family and the circumstances of the judgement. Lets take a look at the two most common court judgements and ask: How do child custody laws help kids?
- Joint custody. In the event that both parents or guardians of a child or children demonstrate a willingness and practical ability to care for the children jointly a judge will favour a joint custody ruling. This decision essentially awards both parents / guardians joint legal and physical custody of the children, and is therefore subject to the partners agreeing some kind of schedule to share time with the kids.
- Sole custody. In the event that joint custody is objectionable due to geography, accommodation or, in extreme cases, forms of abuse or lawlessness by one or both guardian’s; sole custody will be awarded to one parent, or grandparent. This entails the guardian taking full legal and physical responsibility for the child. To off-set this, a judge may award visitation rights to the absent parent or, if the separation is amicable, will advise the couple to establish their own visitation schedule.
The use of these two key judgements, when combined with the visitation rights consideration, provides a simple but powerful set of rules to govern a parent’s access to their children. It should be remembered that a judges prime directive is to take whatever action is most beneficial (or least damaging) to the child and so will always favour a joint custody decision if it is practical and safe.
Child custody laws are, by their nature, enforceable by the court. This adds another level of protection to the child in that once a court decision has been made, a parent can petition law enforcement to take action if the terms of the ruling are being ignored.
This can take many forms, such as: A parent who has lost legal custody of their child demanding time beyond their visitation agreement. A legal guardian not fulfilling their duties to protect and care for the child. A partner not fulfilling their half of care for the child if a joint custody agreement has been reached, and so on.
In any situation where child custody is considered by a judge, the primary factor that all other concerns are weighed against is the overall welfare of the child in any given scenario. It should be clear then, that whatever custody arrangement is chosen, the choice is likely to be the most beneficial one for the child.
Child custody battles, and the ensuing oversight of law enforcement in the child’s upbringing, can feel like unwarranted intrusion into family matters. However, child custody laws are designed with the child’s well being in mind and, where warranted, most children will benefit from state intervention. The primary aim of any child custody judgement is to secure the safety and wellbeing of the child, for this reason alone child custody laws protect and safeguard kids.
Child custody judgements come in a variety of forms which generally depend upon the makeup of the family and the circumstances of the judgement. Lets take a look at the two most common court judgements and ask: How do child custody laws help kids?
- Joint custody. In the event that both parents or guardians of a child or children demonstrate a willingness and practical ability to care for the children jointly a judge will favour a joint custody ruling. This decision essentially awards both parents / guardians joint legal and physical custody of the children, and is therefore subject to the partners agreeing some kind of schedule to share time with the kids.
- Sole custody. In the event that joint custody is objectionable due to geography, accommodation or, in extreme cases, forms of abuse or lawlessness by one or both guardian’s; sole custody will be awarded to one parent, or grandparent. This entails the guardian taking full legal and physical responsibility for the child. To off-set this, a judge may award visitation rights to the absent parent or, if the separation is amicable, will advise the couple to establish their own visitation schedule.
The use of these two key judgements, when combined with the visitation rights consideration, provides a simple but powerful set of rules to govern a parent’s access to their children. It should be remembered that a judges prime directive is to take whatever action is most beneficial (or least damaging) to the child and so will always favour a joint custody decision if it is practical and safe.
Child custody laws are, by their nature, enforceable by the court. This adds another level of protection to the child in that once a court decision has been made, a parent can petition law enforcement to take action if the terms of the ruling are being ignored.
This can take many forms, such as: A parent who has lost legal custody of their child demanding time beyond their visitation agreement. A legal guardian not fulfilling their duties to protect and care for the child. A partner not fulfilling their half of care for the child if a joint custody agreement has been reached, and so on.
In any situation where child custody is considered by a judge, the primary factor that all other concerns are weighed against is the overall welfare of the child in any given scenario. It should be clear then, that whatever custody arrangement is chosen, the choice is likely to be the most beneficial one for the child.
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Sep
07
Filed Under (Divorce) by Catherine
damey
Are you fed up of being taken to court so many times to settle a simple divorce or are you the one who has to pay your divorce lawyer an amount more than you get in your settlement. These issues and complications prove that not just any lawyer can handle divorces and more importantly not any lawyer can handle it well with you getting the maximum alimony in the bargain. Divorce lawyer NY is the answer to all those problems.
Divorce lawyer New York helps you settle your divorce process in an easy and uncomplicated way with you getting the most out of the divorce and that too with not much garbage thrown on each other. The professionalism, the finesse and skill required is not ordinary and someone who has more than 5 years of experience in the relative field would only be able to carry it out in that manner.
At a time when you are emotionally stressed with the trauma of divorce, your lawyer calling you to get minute details of the incident makes you want to get out of all that and run to someplace where no one knows you. This way you will lose all the rights and the money that should have been rightfully and lawfully yours. An easy way to help you out in that time of need is Divorce Lawyer NY. It’s a very challenging time for a woman to go through and if there is a child involved a bad lawyer could spoil your life to come. Like it’s always said getting married is easy staying married is tough and getting divorced sometimes leads to the death of you.
Divorce lawyer is the best service provider and would do his best to get an out of court settlement which is much easier and least stressful and traumatic. The services a divorce lawyer provides are plenty but what it basically adds down to is how much money you will get since the rest of your life you would literally depend on that. The New York lawyers would generally not only help you with the divorce process but also advice you to sign up for a separate bank account if you are unemployed and have no where to go so that you can be independent. They would also tell you to stay in your husband’s house else you would not be able to claim a lot of amount and prove yourself innocent. Many more advices and suggestions would come your way if you hire them.
The divorce lawyer NY would always act in your own best interest and your child’s best interest and help you get the maximum benefit with minimum inconvenience caused. You must though remember to disclose all the information you have for the lawyer to make a case and set up proof on own behalf. This will make the case solvable since without knowing the details of the case lawyer cannot work efficiently. There are many divorce lawyers you just need to have good discretion to find one for your case.
Are you fed up of being taken to court so many times to settle a simple divorce or are you the one who has to pay your divorce lawyer an amount more than you get in your settlement. These issues and complications prove that not just any lawyer can handle divorces and more importantly not any lawyer can handle it well with you getting the maximum alimony in the bargain. Divorce lawyer NY is the answer to all those problems.
Divorce lawyer New York helps you settle your divorce process in an easy and uncomplicated way with you getting the most out of the divorce and that too with not much garbage thrown on each other. The professionalism, the finesse and skill required is not ordinary and someone who has more than 5 years of experience in the relative field would only be able to carry it out in that manner.
At a time when you are emotionally stressed with the trauma of divorce, your lawyer calling you to get minute details of the incident makes you want to get out of all that and run to someplace where no one knows you. This way you will lose all the rights and the money that should have been rightfully and lawfully yours. An easy way to help you out in that time of need is Divorce Lawyer NY. It’s a very challenging time for a woman to go through and if there is a child involved a bad lawyer could spoil your life to come. Like it’s always said getting married is easy staying married is tough and getting divorced sometimes leads to the death of you.
Divorce lawyer is the best service provider and would do his best to get an out of court settlement which is much easier and least stressful and traumatic. The services a divorce lawyer provides are plenty but what it basically adds down to is how much money you will get since the rest of your life you would literally depend on that. The New York lawyers would generally not only help you with the divorce process but also advice you to sign up for a separate bank account if you are unemployed and have no where to go so that you can be independent. They would also tell you to stay in your husband’s house else you would not be able to claim a lot of amount and prove yourself innocent. Many more advices and suggestions would come your way if you hire them.
The divorce lawyer NY would always act in your own best interest and your child’s best interest and help you get the maximum benefit with minimum inconvenience caused. You must though remember to disclose all the information you have for the lawyer to make a case and set up proof on own behalf. This will make the case solvable since without knowing the details of the case lawyer cannot work efficiently. There are many divorce lawyers you just need to have good discretion to find one for your case.
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Aug
19
Filed Under (Divorce) by Catherine
Divorce Ammo
When it comes to the Court Room, you will find this to be a pretty place. Once the divorce proceedings begin, the outcome of your divorce is in the hands of a total stranger – the Judge. You no longer have control. All decisions will now be made by a stranger. Of course this stranger may be having a bad day, not feeling well, or even have had a major fight with their spouse the night before. I know it’s scary and may even seem unfair, but this is the real world and it happens all the time. This judge is now in control of the outcome of your trial.
Here are a few tips to help prepare you for the Court Room experience:
First, I strongly recommend you try to settle as many issues as possible before entering the Court Room. This means the judge won’t be in control of everything.
Do not expect the Judge will always make decisions in your favor. There are three directions the judge can go when making a decision: Your way, your spouse’s way, or the Judge’s way. As you can see, two out three are not in your favor.
Discuss how you should act, and when to speak with you attorney before going into the courtroom. Do not speak unless asked to do so by the Judge.
When addressing the Judge with respect by addressing him/her as “Your Honor.”
Never speak to or make comments to your spouse when you are before the Judge.
Leave all hostile and negative emotions at the door. Do not make faces or gestures when the judge or your spouse’s attorney is speaking. Judges see this and do not appreciate it.
Dress for success. Your attorney will have a certain strategy on how he/she wants you to be portrayed. Therefore, consult your attorney on how he/she wants you to dress.
Take notes. Don’t leave anything to chance. Your attorney will be very busy during the process and cannot remember or write everything down.
Be prepared and stay organized. Bring as much information, documentation and any pertinent documents that you possibly can with you. It is better to have too much ammunition than not enough.
Be prepared to be in the court house for some time. You will sometimes wait for hours before your case is called.
You can get more divorce tips and strategies at www.DivorceAmmo.com
When it comes to the Court Room, you will find this to be a pretty place. Once the divorce proceedings begin, the outcome of your divorce is in the hands of a total stranger – the Judge. You no longer have control. All decisions will now be made by a stranger. Of course this stranger may be having a bad day, not feeling well, or even have had a major fight with their spouse the night before. I know it’s scary and may even seem unfair, but this is the real world and it happens all the time. This judge is now in control of the outcome of your trial.
Here are a few tips to help prepare you for the Court Room experience:
First, I strongly recommend you try to settle as many issues as possible before entering the Court Room. This means the judge won’t be in control of everything.
Do not expect the Judge will always make decisions in your favor. There are three directions the judge can go when making a decision: Your way, your spouse’s way, or the Judge’s way. As you can see, two out three are not in your favor.
Discuss how you should act, and when to speak with you attorney before going into the courtroom. Do not speak unless asked to do so by the Judge.
When addressing the Judge with respect by addressing him/her as “Your Honor.”
Never speak to or make comments to your spouse when you are before the Judge.
Leave all hostile and negative emotions at the door. Do not make faces or gestures when the judge or your spouse’s attorney is speaking. Judges see this and do not appreciate it.
Dress for success. Your attorney will have a certain strategy on how he/she wants you to be portrayed. Therefore, consult your attorney on how he/she wants you to dress.
Take notes. Don’t leave anything to chance. Your attorney will be very busy during the process and cannot remember or write everything down.
Be prepared and stay organized. Bring as much information, documentation and any pertinent documents that you possibly can with you. It is better to have too much ammunition than not enough.
Be prepared to be in the court house for some time. You will sometimes wait for hours before your case is called.
You can get more divorce tips and strategies at www.DivorceAmmo.com
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