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DivorceAbout DivorceDivorce is the legal termination of the marriage of two people. Divorce is also known as the dissolution of marriage. In the past divorce was fault based. In other words one spouse was innocent or injured and the other spouse was the one who had done wrong or was at fault. The fault system of divorce is adversarial in nature. Even if both parties wanted the divorce one person had to allege wrongdoing by the other. In the early 1970’s California passed the first "no-fault" divorce laws. Forty years later, the final hold-out to fault based divorce, New York State passed Bill S3890-A HASSELL-THOMPSON and on August 15, 2010, Gov. Paterson signed no fault divorce into law in New York state. Because of these reforms now a divorce is more like the breakup of a business partnership. Although it is very personal and emotional for the parties involved, the court sees it strictly as a business matter - the dissolution of a partnership with its assets to be divided between the two partners. A Successfull DivorceThe decision to file for a divorce is just the first of many decisions to be made during the process. Should attorneys be involved? How about mediation? What is collaborative divorce? Are there children involved? Should a person do his or her own divorce? Just what does that mean, "Do your own divorce"? There are varying degrees of "Do it yourself divorces." From not using ANY professionals (not recommended); to using a mediator; to using an attorney for advice and reviewing documents. Before making a decision to not retain an attorney to handle your divorce, think long and hard. You've decided to hire an attorney. Now the selection process begins. Attorney selection should not be done haphazardly. A lot of thought and research should go into this decision. The competency and work of your attorney will have a direct impact on you, your children, and your financial situation for years to come. You should use the same approach when choosing an attorney that an employer uses when selecting prospective employees. Interview them and check their references. Remember the attorney will be working for you, so choose carefully, and choose wisely. Maybe the mediation process would work for you. Mediation is a process where couples negotiate an acceptable agreement with the aid of a mediator. A mediator is a neutral third party who assists in the negotiations; however, they do no make the decisions for you. Just as every situation is different, every mediator has a different approach to mediation. It is the mediator's responsibility to structure the sessions so that the couple can successfully negotiate a divorce agreement. A good mediator will encourage you to put the past behind you and focus on the facts at the present moment. There is a new movement in the divorce arena called the Collaborative process. Like mediation, this method is non-adversarial and the courts are not involved. Unlike mediation, each party has their own attorney. Each party along with their attorney work together as a team to reach an agreement that is good for both parties. If however, the collaborative process does not work and litigation is necessary the attorneys involved step aside and no longer represent the parties. If Children Are Involved in the DivorceDivorce in itself is trying enough. If children are involved, it becomes even more trying and extremely emotional. Parents often loose sight of what is in the best interest of their children. Where do the children fit into this whole new life that is being created? Unfortunately, children often become financial pawns in a divorce when child custody issues are being decided. Children have rights in divorce. Let common sense prevail when it comes to the children. They should not be used as an outlet for anger, nor should they ever be used to get revenge against your spouse. Don't bad-mouth your ex-spouse in front of your kids, even if you are still angry or feuding. Try not to use your kids as a messenger or go-between, especially when you're feuding. Children are egocentric. They think their role in things is much more important than it really is. Because of this, they often feel that they have in some way caused the divorce. Make sure they know it is not their fault. It is also important for kids to know that just because parents divorce each other, they're not divorcing their kids. Some kids think that if their parents are divorcing, it means their moms and dads will want to leave them, too. Remind them often that your love for them is unconditional and will not change because of the divorce. There are many aspects of divorce that need to be considered including: custody and visitation; financial issues such as alimony and child support, taxes, pensions and insurance; hiring an attorney or mediator; determining if you should do your own divorce; separation agreements and much more. The following are links that will help guide you through the divorce process:
Divorce Related ArticlesA Good Time for Divorce Mediation - Now is a good time to start divorce mediation. People often ask us ... Aliens and Divorce - Overcoming Marriage Fraud - An attempt to gain resident status without a bona fide marriage is marriage fraud. Lawyers must consider the special needs of aliens in divorce ... Announcing your Divorce on Facebook - Is it a good idea to announce your divorce on Facebook? Despite the fact that everyone knows someone who has gotten divorced ... Attorneys Fees in a Georgia Divorce - You can be awarded attorney's fees in a divorce, but the award of attorney's fees is ultimately decided ... Best Divorce - What is the cheapest way to get divorced? The most expensive way? The best way? ... Common Law Marriage in Georgia - Common law marriage is a marriage recognized in some states even when there has been no official ... Cost Issues in Divorce Mediation vs. Litigation - The right mediator offers essential benefits while keeping costs reasonable and responsible ... Dirty Divorce Tricks - Forget What the Papers Say, I'll Do This or That. There are various manifestations of this dirty trick such as sign the papers giving me custody ... Divorce And COBRA - If you have been on your spouses' health insurance policy during your marriage, you will most likely not be able ... Divorce During the Holidays - Sometimes couples who are divorced or divorcing feel additional stress this time of year. Families may have had long-established holiday rituals ... Divorce in the Current Economy - The ups and downs of the current economy are making some couples contemplating divorce a little nervous ... Do I Have To Go To Court To Finalize My Divorce In Georgia? - It may seem unusual, but each judge in a certain county handles final divorce hearings very differently ... Documents to Keep After Your Divorce is Final - Once your divorce is final, we recommend that you keep certain documents, especially if you are receiving ... Filing For A Divorce In Georgia When I Do Not Know Where My Spouse Lives - We have received several calls from women and men in which they want to file for divorce, but they are not sure where their spouse resides. ... Five Ways to Save Time and Money in Your Divorce - Here are five tips that can help you navigate around some of the worst consequences of a marital dissolution ... Grounds for Divorce in New Jersey - In order to file for a divorce in New Jersey, either spouse must have been a resident of the State for at least one year prior to the filing of the action. ... How to Prepare for Divorce After the Holidays - The holidays can be a stressful time for families struggling with the idea of separation and divorce. ... Immigration & Divorce - Each year, more than 400,000 citizens of the United States marry foreign-born persons and petition for them to obtain permanent residence in the U.S ... Irreconcilable Differences New Jersey's Version of a No-Fault Divorce - This new ground for divorce further allows either husband or wife to file a complaint for divorce without any specific reason ... Is Divorce Mediation Right for You? - Divorce Mediation sounds like a great alternative to litigation, but is it for everyone? We often talk about the advantages ... Is the Divorce Rate Really 50%? - How many of your friends and family are divorced? Is it every other marriage? Not for.. ... Is the GPS Tracking of a Cheating Spouse an Invasion of Privacy? - Can I track my cheating ex-wife with a GPS or some other type of hi-tech gizmo? ... Legal Separation vs Divorce: Which is right for you? - While the decision to divorce is clear-cut for some people, the complexity of emotional, financial and parenting needs ... Matrimonial Jurisdiction for Aliens - There are many matrimonial situations in which New York Courts have extended jurisdiction to aliens. Many of these issues were directly addressed in the case of Coran v. Coran, ... Negotiating a Divorce - Divorce mediation is different from a business negotiation. Couples who go into the mediation process with an attitude of compromise are more likely to preserve a civil, working relationship. ... New Jersey Divorce Info - In order to file for a divorce in New Jersey, either ... New Jersey Divorce Procedure - The filing of a divorce complaint starts the divorce case. A complaint for divorce is filed in the county in which the plaintiff lived ... New Jersey Divorce Related Issues - Alimony, child support, child care, child custody, parenting plans, property settlelments, equitable distribution ... New Jersey Post Divorce Issues - Many people make the mistake that once their divorce is over, that their family court problems are over. This is a very big misconception. ... Post-Divorce Mediation - Sometimes the divorce decree is not the final stop for divorcing spouses ... Preparing For Divorce - A person considering divorce should be as prepared and informed as possible ... Servicemember's Guide to Divorce in Virginia - Are you a servicemember who is contemplating a divorce or separation from your spouse? Educate yourself as to Virginia's divorce laws before starting the process. ... Spying on Your Spouse in Virginia - When marriages fall apart people often resort to eavesdropping and recording telephone calls, logging onto computers and tracking a spouse's whereabouts ... Telling the Children About the Divorce - When is the best time to tell your children that you are getting divorced? We often hear this question ... The Dilemma of Health Insurance after Divorce - The key to understanding the insurance dilemma facing divorced spouses is to look at long term solutions ... The Divorce Rate Myth - The commonly-held belief that 50% of marriages end in divorce is a myth. ... The Enforcement of Mediation Agreements - Mediation is all of the rage in family court these days. However, in my professional opinion mediation ... The Intersection of Divorce Law and Mediation - If you filed for divorce, can you still do mediation? If you go through divorce mediation, do you still need a lawyer? We commonly hear these questions from potential clients. And the answers, for the most part, are.. ... The Value of a Pre-Nuptial Agreement - A of premarital agreements helps minimize the controversy, conflict, and stress of a divorce a couple could potentially be involved in later. ... What Happens in a Divorce in Georgia? - While we spend a lot of time in our blog talking about various divorce sub-topics in Georgia, most people coming into our office at the very beginning ... What Is The Difference Between A Contested And Uncontested Divorce? - If you are thinking about filing for divorce and you contact an attorney, one of the first questions they will ask you ... What to Do When You Can't Afford Your Divorce - As you've probably heard from friends and colleagues, the divorce process can be very expensive ... What to Do When Your Spouse Won't Leave - What are my options when my spouse refuses to move out ... |
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