Attorney divorce
Laws are formulated to protect us, to safeguard our interest, to ensure that our security and privacy are never invaded. The people who practice law definitely play a pivotal role in an individual's life when he/she experiences a traumatic event. Attorneys are those people who have a specialized education in Law and nuances of Law. They guide and guard their clients's interests in all legal proceedings in the court. Attorneys expertise themselves in various areas like civil, criminal, social, based on their potentiality and interest.
This article deals with the widely prevalent civil problem, Divorce, especially a traumatic life event, where navigating legal waters are extremely complicated and needlessly difficult. The article would also emphatically convey the importance to seek special counsel by a Divorce Attorney at this crucial time. Divorce Attorneys plays vital role in negotiating critical matters like, child custody arrangements, distribution of marital assets, financial future of the client. Beyond doubt Divorce Attorney is the best representation for us in this major life changing issues.
A Divorce-commonly referred to as "dissolution of marriage" is a decree by a court that a valid marriage no longer exists. It leaves both parties free to remarry. Though divorce can be emotionally contentious, usually with an Attorney's help, the parties negotiate and settle things as division of property, spousal support, and child's custody between themselves. Sometimes parties reach an argument by Mediation, with a trained Mediator who tries to help their clients identify and accommodate common interests. Then they present their negotiated, mediated agreement to a Jury. Approval is virtually automatic if the agreement appears to meet a minimum standard of fairness. The party seeking Divorce must state a ground for divorce in the papers filed with the court. The grounds can be based on No-Fault or Fault.
NO-FAULT DIVORCE:
Here the spouse seeking for Divorce does not have to prove that the other spouse did something wrong. It is enough to state a reason recognized by the State such as Incompatibility, Irreconcilable Difference or Irremediable Breakdown of Marriage. No-Fault Divorce is more realistic and humane way to end Marriage. The money and energy spent on legal proceedings can be spent elsewhere. The only disadvantage is that it might result in lower awards of property and support to economically dependent spouses. But proof of cause and effect on this issue is far from certain.
FAULT-DIVORCE :
Fault Divorce can be granted when proper grounds for Divorce area present and at least one spouse files for it. The traditional fault grounds are:
• Cruelty-Inflicting emotional or physical pain.
• Adultery.
• Desertion for specified period of time.
• Confinement in prison for set number of years.
• Insanity and Impotency (usually unknown to partners).
• Usage of addictive drugs.
• Infection of one spouse with an venereal disease.
In some states the spouse who proves other party's fault may receive a greater share of marital property or more Alimony. It is usually one spouse files the Divorce papers first. If the other person disagrees with fault accusations, the either party can file an answer to Divorce compliant. The only disadvantage is lot of money and trying to prove who-did-what-to-whom wastes energy.
PROCEDURE FOR DIVORCE:
Where to file Filing and Serving the petition Answering the petition Exchange and Discovery Dividing property Child Custody Alimony Alternate Dispute Resolution Settlements and Agreements Family Court Judgments Appeals and Motions to modify
WHERE TO FILE FOR DIVORCE:
State Courts have power over Divorce proceedings, so the spouse seeking Divorce, files an initial document called Divorce Petition with their State Court usually in the District or Country branch of State\\'s Superior or Circuit Court. In some places a separate Family Court Division is designated to file the petition whereas in some states it is filed in the main civil division of superior or circuit court.
FIliNG AND SERVING DIVORCE:
Threshold requirement to obtain Divorce is Residency or Domicile of one or both the parties who are to be divorced. Residency refers to a State a person live ; Whereas Domicile refers to a State, a person considers as home. Sometimes Residency and Domicile may be different or same. Few States have no residency requirements which mean a person can arrive in a State. If the State specifies Residency requirement the party must have lived in the State for specified period before a Divorce is granted.
After filing with the court the petitioner and Attorney make sure that the petition is served (legally delivered) on the other spouse. Each State has strict requirements for serving legal documents like
Which spouse will live in couple•s house or primary residence.
Payment of bills and other financial concern
ANSWERING THE DIVORCE:
The petition with the help of an Attorney makes sure that the petition is served on the other spouse. The spouse who has been served with the petition is Respondent or Defendant. They must respond to the petition in a certain time (say within three weeks). Else the respondent loses their right to argue on issues like child custody, property division. The answer should clearly state their position on filing spouses\\' statement including information about the marriage and requests for child custody, property division, and spousal support. Agreement or Disagreement with the demands and information in the petition can often be declared on a pre-printed court form, which also provides space for explanation and respondents\\' own demand. On failure to answer the petition, the court assumes that the respondent agrees to the divorce on the terms that the filing spouse set in the petition and consequently they lose the right to argue. Later this right can be retrieved only after showing sound legal reasons that warranted such a move.
EXCHANGE OF DOCUMENTS AND DISCOVERY:
Soon after filing, the couple will exchange information related to their respective economical, financial and personal situations-including the extent of their property ownership. Debt and Income. After this the Attorneys and the Court decides fairly on how to divide the property and how to deal with related issues like Alimony, Child Support.
DEPOSITIONS:
They are sworn-statements often answering Attorney's questions and a court reporter will make a transcript of all that is said. Attorneys have own strategies for depositions and they use them for two reasons :
To see what other side has
To do practical trial
It is imperative to be honest with Attorney about he facts and documents. It is safe to get aid from Divorces Attorney to which questions to answer and which should be objected to, as there is no necessity to give additional information.
AliMONY:
Unlike child support, which is mandatory, Courts have broad discretion in determining whether to award Alimony and if so, how much and how long. The following factors help in making decisions about Alimony Award :
Age, physical, emotional, financial condition of spouse
Length of time for recipient to become self-sufficient
Couple\\'s standard of living during marriage
Ability of payor spouse to support recipient and oneself
Presence of young children
Types of Spousal Support:
Temperorary Alimony: This Alimony is given when parties are separated but divorce is not final.
Rehabilitative Alimony: Given to spouse to rehabilitate themselves to acquire earning power. It is mostly given to parents with young children until such time as it is considered appropriate for parent to work outside.
Permanent Alimony: It continues indefinitely until the death or remarriage of recipient. If the recipient gets a job, the award might be reduced. A fair and just drop in the income of payor can also be basis for reduction.
Reimbursement Alimony: It is designed to reimburse an expense incurred by a spouse on other say on a training program.
Lump sum Alimony: This is generally paid to terminate other alimonies. It is paid if the recipient remarries or it\\'s done in lieu of property settlement.
DIVORCE AND OUT-OF -COURT PROCEEDINGS:
A divorce can be resolved through informal negotiations between the divorcing spouses (usually with attorneys), through use of out-of-court alternative dispute resolution proceedings that tend to facilitate a voluntary settlement, or in the traditional court setting - when a Judge or Jury makes final decisions. The vast majority of divorces are resolved before issues must go before a Judge or Jury, many through the use of Alternative Dispute Resolution processes such as Mediation, Collaborative Family Law, and Arbitration. ADR processes tend to be less adversarial and more casual than the traditional court setting, and may encourage and facilitate early settlement. With Mediation and Collaborative Family Law, the spouses (along with Attorneys) have an opportunity to play an active role in resolving key decisions related to the divorce, instead of having a third party (judge or jury) make those decisions. Rarely used in divorce cases, Arbitration is a more structured ADR option, in which a neutral third-party makes decisions after hearing both spouses\\' evidence and arguments. The arbitrator\\'s decision in a divorce case is not necessarily final, and the parties may still be able to resolve key issues before a court at a later date.
In some states, divorcing couples may be required to attempt some form of ADR before proceeding in family court, so it is a good idea to understand the options. The most practiced Dispute Resolution is Mediation
DIVORCE MEDIATION: It is a process in which an impartial third party mediator facilitates resolution by promoting voluntary agreement by the parties. The mediator promotes understanding, focuses on the parties\\' interest and seeks creative- problem- solving methods to enable the parties reach their own agreement. Mediators can be both Lawyers and Non-Lawyers. If the mediation is Court-ordered, the Court may appoint Mediator or will allow parties to agree upon a qualified Mediator. The information disclosed is kept confidential.
GOALS OF DIVORCE MEDIATION:
Whether divorce mediation is agreed to voluntarily by the parties, or is court-referred, the goals of the divorce mediation process are to:
Create an equitable, legally sound, and mutually acceptable divorce agreement ;Avoid the expense and trauma that often accompany litigation ; and Minimize hostility and post-dissolution controversy
Divorce Mediation is right choice when :
The decision to divorce is mutual One wants to stay on good terms with spouse One do not blame spouse for separation The spouse has not lied to other spouse on important issues Physical Violence, Alcohol\Drug Abuse is not an issue for separation One wants to negotiate agreements about children and remain a good parent.
CHILD CUSTODY:
The following are different types of custody based on certain circumstances
LEGAL CUSTODY: It gives a parent the right to make long-term decisions about the raising of a child, and key aspects of the child\\'s welfare including the child\\'s education, medical care, dental care, and religious instruction.
PHYSICAL CUSTODY: One parent has right to take care of child and the other parent has only visitation rights.
JOINT CUSTODY: The child spends equal time with both parents, which need high degree of co-operation between parents. The Jury recommends this custody only when parents demonstrate such.
FACTORS AFFECTING CUSTODY DECISIONS:
Wishes of the child (if old enough to capably express a reasonable preference) ; Mental and physical health of the parents;
Religion and/or cultural considerations;
Need for continuation of stable home environment ;
Support and opportunity for interaction with members of extended family of either parent ;
Interaction and interrelationship with other members of household;
Adjustment to school and community;
Age and sex of child;
Parental use of excessive discipline or emotional abuse ; and
Evidence of parental drug, alcohol or sex abuse.
MARITAL AND COMMUNITY PROPERTY DIVISION:
The property and income acquired during marriage unlike separate or non-marital property, court has power to divide property. The wage earner and homemaker receives equal share of property unless there is a pre-marital agreement. Another way to resolve division of property is Equitable Distribution. This is not locked into 50-50 split. It permits flexibility attention to the financial situation of both spouses.
FACTORS AFFECTING PROPERTY DIVISION:
Owning of non-marital property Earning power of spouses Effort by one spouse to acquire property. Wastage of money by spouses through gambling or pursuing romance outside marriage Health and Age of spouse Pre-marital agreements.
Divorcing couple and their Attorneys negotiate and resolve issues related to their Divorce. The decisions are given as Written Settlement Agreement, which is shown to Country/District branch of State Court where the Divorce petition was filed. An informal hearing will usually follow and when jury is satisfied that the agreement is fairly reached, the settlement receives Court approval. Then the Jury gives Divorce Decree that shows Divorce is final. Then the stance of divorced couple on various rights and obligations are stated
Child custody, living arrangements, and a visitation schedule ;
Division of the couple\\'s marital property, debts, and resolution of other financial matters;
Child support and spousal support (alimony) : who pays, who receives, how much, when, etc
If the Jury does not approve one or more terms of settlement, agreement, Jury will likely to order re-negotiation on these terms.
FAMILY COURT AND FINAL JUDGEMENT:
The Court Process: Evidence and Arguments
In family court, Attorneys for each spouse present evidence and arguments related to the Divorce on issues like child custody and visitation, child and spousal support, and property division. Evidence in a divorce trial comes in the form of :
Testimony from the spouses
Witness testimony -- including children (if old enough) and expert witnesses (financial analysts, property valuation experts, etc.)
Documents -- including records related to marital property and finances.
As each side presents its own evidence and arguments, the other side has an opportunity to question witnesses and challenge evidence through "cross-examination" - challenging the witness\\'s story, testing their credibility, disputing documents, and otherwise attempt to discredit or discount witnesses and evidence.
The Court Process: Final Judgment
After hearing and examining all evidence, the Judge (or Jury) will issue a final ruling resolving the divorce and all surrounding issues. Once the Judge reaches a decision, they grants the Divorce and enters a judgment finalizing the Divorce and all related issues. This judgment dictates a number of things about the now-divorced couple\\'s rights and obligations, including:
Child custody, living arrangements, and a visitation schedule ;
Division of the couple\\'s marital property, debts, and resolution of other financial matters;
Child support and spousal support (alimony) : who pays, who receives, how much, when, etc.;
APPEALS AND MOTIONS TO MODIFY THE DIVORCE JUDGMENT
Either or both spouses can appeal a Trial Court\\'s decision to higher court if the party feels that the Trial Court incorrectly applied Law in making decision. The other party might argue that the decision is correct. The Attorney submits their Briefs for an oral argument. The success of an Appeal depends on what happened at Trial Court. If Appeal Court makes decision chances of further Appeal is limited.
MOTIONS TO MODIFY THE DIVORCE JUDGMENT
While appealing to higher court, one can also ask Trial Court to modify certain aspects of judgment like child custody, visitation schedule, and Alimony. Filing a motion to modify the Divorce Decree. It is also filed where Divorce Laws originally filed makes such request.
THE DIVORCE PROCESS: DOS AND DON'TS
The Dos
Reasonable co-operation results in quick and easy results in Divorce. One has to disclose all Assets and Property. One has to discuss every part of Divorce process with Attorneys. On should never lie to a Lawyer.
The Don'ts
One should not make big plans to take up job or move elsewhere. One should not give away property to friends or relatives during Divorce process One should not violate child visitation or temporary custody. Else it would be tough to get rights back. One should not fight alone; An Attorney makes sure our interests are best protected.
Thus Divorce can be a difficult process. Even in the best of circumstances, tempers may run high, and every decision can seem to be more stressful than the last. It is only human to find yourself reacting emotionally at certain stages of a divorce, but it is important to remember that our actions throughout the process can affect our familial, emotional, and financial situation for years to come. At all these circumstances and in the entire Divorce process, the intervention and guidance of Divorce Attorney gives a hassle-free judgment.
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