Archives : Divorce

  • Why Choose Divorce Mediation

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  • What you need to know in Same Sex Marriage and Divorce

    Divorce is a common way to dissolve a marital relationship, even in a same-sex marriage. When same-sex couples cannot eliminate their marital conflicts, divorce is always a sure conclusion. Before going through a divorce, the couple has to come to an agreement, so that any consequences may be alleviated.

    Marriage in America

    Back in 2015, federal laws concerning same-sex marriages changed. That year, same-sex marriage was proclaimed legal in the United States. Before this happened, same-sex couples could only get their marriage licenses in certain states. Some even just decided to go through civil partnerships that gave them the same or similar benefits.

    The changed laws enabled ever state to issue marriage licenses to same-sex couples unless certain issues arise. Some consequences depend on any issue added to the mandate and on the state itself. It is necessary for the couple to have a lawyer to make sure same-sex couples have the same rights enjoyed by couples of the opposite sex.

    Equal Rights During Same-Sex Divorce

    Obtaining and keeping equal marriage rights in a same-sex marriage is usually challenging, based on the issue. The difficulty takes place in child or spousal support, division of property, and child custody.

    In a same-sex divorce, the process supports the biological parent of the child. The rights to visit the child may not apply if just one parent has the legal rights in a particular state.

    The judge should understand that same-sex couples have the same problems as couples of the opposite sex. This applies to financial support after the marriage comes to an end.

    Acquiring property is complicated and can even result in problems if the same-sex couple ends their marriage through divorce. Depending on the state, both spouses have equal rights to the property. Some states do not permit both same-sex spouses to have their names on the house’s deed without going through more processes. Plus, it is hard to determine whom to name as the owner of specific properties.

    Because of such difficulties, it is always better to have an alternative divorce solution. This is better when the court doesn’t completely understand what is truly important for same-sex spouses. This may lead to arbitration, mediation, or a different process provided by the state involved.

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  • Key Differences Between Divorce and Legal Separation

    Dissolving a marriage involves stages and the first stage is usually legal separation. Next step would be divorce. If the couple decides to go through these stages, they should know the basic differences between them.

    Legal Divorce

    If the couple cannot go on with the marriage because of their differences and conflict, they may resort to pushing through with legal divorce in the state where they reside. When one spouse happens to have moved to a different state, the spouses should decide which state in which to divorce. A lawyer, divorce documents, and a plan to go through the process are required to begin the legal divorce steps. It usually takes longer to conclude a divorce when there are property, children, and debts. An ADR (alternate divorce resolution) could help the situation. The divorce lawyer will elaborate on the best options.

    Legal Separation

    When a married couple decides to discontinue their marriage, they can choose to separate the legal way before finally ending it. The couple could file separation legally, contact a lawyer, or get in touch with the courts. The couple could also prefer to have the matter brought to the court and present it to the judge to make sure that the entire process is legal before they move on. The separation involves dividing the household into two different locations. It also separates properties and income. Even so, the marriage is still valid, and the situation usually leads to child custody confrontations until the divorce process begins.

    The Differences

    Legal divorce:

    • The couple is not married anymore when this concludes
    • The marriage dissolves in the state where the process starts and ends.

    Legal separation:

    • The first stage before a divorce
    • The couple is still married
    • May live in different households

    Why There are Couples Who Just Remain Separated

    Here are some reasons couples have for remaining separated and not going through a divorce:

    • Religion. The couple’s faith may not support divorce at all or it may not allow either spouse to remarry.
    • Social security
    • Insurance
    • Tax Benefits
    • A chance of reconciliation

    It is always best to hire an experienced lawyer before starting either process. Knowing and understanding what the steps are will make the process easier and smoother for both parties.

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  • Filing for Divorce – Rebuild Your Life

    Divorce should be considered as a last resort to fix a relationship problem.  This type of procedure is very serious and it has to be a decision that is well thought out before attempting to start the process.  You need to make sure that you are ready for this type of drastic measure in order to help your relationship get better.

    When you are filing for divorce, you will want to notify the court that you are going to proceed with the dissolution of your marriage.  This is something that means you are not able to work the marriage out any more and you want to put it to an end.  You will file a summons and petition the court in your county.  Ultimately it is then in the courts hands and you will have to wait to hear when the actual hearing will be to determine the next step. 

    Before you decide to file for divorce, you will want to choose the proper state and county to file your papers.  In order to start your divorce proceedings, you will want to make sure that you are going to the right place first.  You must make sure that the divorce is occurring in the county where you or your spouse lives.

    You must make sure that you are ready for the long haul in a divorce. You will find that the proceedings will go on until a conclusion is reached about all of the issues that are brought up.  This can take a short time or a longer period of time depending on the issues and what each party is ready to do about it.  There are going to be many different alternatives in a divorce proceeding.  You will want to make sure that you are open minded and going in to the process with good intentions at the same time. 

    You may have to go to court in order to figure out what is best for you and you family. You may have to talk to a judge and let them decide for you if you are not able to come to a resolution together. The judge will take into consideration everything that is said so that he can make the best decision for everyone that is involved in the proceedings.  You may want to make sure that you are ready for this type of outcome to happen.

    You will probably find it to be necessary to hire and attorney to take care of the proceedings in your divorce. You will want to make sure that you are represented well so that you are not putting yourself at risk for coming up short in the end. You want have your message sent to the courts loud and clear so that you are able to make sure that your side of the story is heard.  There are many factors that have to be decided in a divorce hearing and you want to do your best to have it ruled in your favor. 

    The last thing that you should want to do is make the divorce a messy one. You should not want to make it hard for the other person just for spite. This is not a good idea because all it will do is add more stress on you and may even hurt your case. You want to make sure that you are doing what you can to make this procedure go as quickly and fairly as you can.  That would be best for everyone involved including you and the family around you. 

     

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