New York Grants Financial Assistance During Divorce

Aug 8, 2012 by

New York State’s recent passage of the no-fault divorce law may be the main story in the headlines today, but New York also enacted two other provisions within the new law that may prove to be just as important. Both of the additional provisions indicate the state’s clear intent to level the economic playing field for both spouses in all divorces. The first provision mandates spousal maintenance payments in court-ordered amounts during a divorce action. This measure was created to...

read more

N.Y. May Finally Get No-Fault Divorce

Aug 8, 2012 by

New York has been the lone hold-out among U.S. states allowing no-fault divorce. As the only state remaining without no-fault divorce on the books, New York has always required someone take the blame for a split even if both spouses have mutually agreed to the divorce.  One spouse or the other had to allege a fault such as cruel and inhuman treatment, adultery, abandonment, or the couple must have been legally separated for at least one year before they could file. Critics of the New York...

read more

Texas Blocks Same-Sex Divorce

Aug 8, 2012 by

Even though same-sex marriage is not legal in Texas, a Texas appeals court has ruled that gay couples cannot get divorced in that state. Same-sex couples married in other states do not have the legal right to get divorced in the Lone Star State and must seek their relationship remedies elsewhere. It appears the Texas appellate court was worried that if the state recognized same-sex divorce, it would also have to recognize same-sex marriage and that is something the Texas legislature does not...

read more

Sandra Bullock Cancels Divorce?

Aug 8, 2012 by

Multiple news sources jumped to conclusions last week when they discovered that Sandra Bullock’s errant ex-hubby-to-be was relocating his family from California to Austin, Texas where Bullock just happens to reside. The tabloids and celebrity sites took Jesse James’ moving plans to mean that Ms. Bullock was considering taking him back. Many carried the same story and they all seemed to go something like this; “….Bullock puts divorce plans on hold after forgiving husband...

read more

World’s Shortest Marriage

Aug 8, 2012 by

Even though the overall divorce rate in the United States hovers near 50% by some estimations, the number seems small in comparison to the stats for a Polish couple in Hannover, Germany who recently created their own personal divorce rate of 100%. The deed was accomplished in less than 24 hours. Actually, more like three hours. In what could possibly be the shortest marriage in the record books, the couple had their marriage annulled just a few hours after tying the knot. Following a brief...

read more

I want to file for divorce so that I can remarry

Aug 8, 2012 by

Question:  I’ve been separated from my husband for about 7 years – not legally. I want to file for divorce so that I can remarry. Do I have to wait a year a before I start a divorce? I live in New York. State:  New York Answer:  Although New York does not necessarily require a waiting period before a spouse can start filing divorce paperwork, it does incorporate a timing aspect in its requirements for residency and legal...

read more

What goes on in a divorce proceeding of a husband and wife who have children but NO assets?

Aug 8, 2012 by

Question:  What goes on in a divorce proceeding of a husband and wife who have children but NO assets? State:  Alabama Answer:  Great question. If there are no assets, then there is nothing for the court to divide. And if you and your spouse can agree on a custody arrangement, there is not much left for a court to do besides grant the divorce, and determine child support. When you say “no assets” you had better be certain that...

read more

What to Expect in Divorce Court

Aug 8, 2012 by

Although most people view marriage and divorce as separate components of a personal relationship, the law views a marriage as a legal union and a divorce as a legal termination of that union. Divorce is never an easy choice and the court process can be complicated and confusing. Arming yourself with as much knowledge as possible will make the process more understandable. Marriage and divorce are both governed by state statutes and not Federal law which means that the rules will vary depending...

read more

UK Women Face End of Divorce Loans

Aug 8, 2012 by

News from the UK in the Daily Mail reports that women dealing with paying for a divorce are now facing a money crisis of sorts with the availability of divorce loans shrinking dramatically due to the financial uncertainty spread across the current global economy. Unhappy English housewives used to be able to get loans to fund their legal counsel and other related divorce costs through the banks. Now due to the current financial squeeze, many divorce lawyers in the UK now report that most of the...

read more

My wife and i have been separated since 2007. I don’t know where she is. Can I divorce?

Aug 8, 2012 by

Question:  My wife and i have been separated since 2007. No contact with eachother since then and I don’t know where she is. Can I divorce? State:  Florida Answer:  Fortunately, you can get a divorce without knowing your wife’s whereabouts. Every state has a way to “serve” someone with divorce papers who can’t be found. Most states call this “substitute service.” Typically, you need to prove that...

read more

We moved to Texas 1 week after we we married. Where do I file?

Aug 8, 2012 by

Question:  I got married in California in 2000, in 2006 I separated from my husband. We moved to Texas 1 week after we we married. Where do I file? State:  California Answer:  If you still live in Texas, you can file for divorce in that state if you have (1) Been living in the state for the preceding six-month period; and (2) A resident of the county in which the suit is filed for the preceding 90-day period.  If you are currently...

read more

I don’t want to spend a lot money on a divorce. Deadline is coming up.

Aug 8, 2012 by

Question:  I want a divorce. Have the paper for her to sign. She want sign the paper. I don’t want to spend a lot money I don’t have. I am about to come up on deadline for my paperwork to be signed. What can I do? (GA) State:  Georgia Answer:  Contact a professional process server or your local sheriff and send a copy of the divorce papers using certified mail. If she cannot be located or won’t sign, place notice of the...

read more

What is a status hearing?

Aug 8, 2012 by

Question:  What is it and should I go even though I have an attorney? (CO) State:  Colorado Answer:  Your attorney should tell you whether or not you need to attend the Status Hearing. Someone should probably attend and although hearings are usually informal settings, the judge will still need to know your position on the divorce up to that point. This is something your lawyer can usually take care of without your presence. The importance...

read more

Would like to divorce an uncooperative wife.

Aug 8, 2012 by

Question:  My wife and I are not getting along. Shes very uncooperative. We’ve been married for 1 year now with a 7 month-old baby boy; no matter how much money I make – type of foods I buy -she doesn’t cook well- she’s exploitive, she can’t plan, or budget, etc. I think the best thing is a divorce or whatever advice I can get that will be the best for me to sort out this problem. State:  West Virginia ...

read more

Does moving with my children out of the shared marital home have any negative ramifications prior to divorce?

Aug 8, 2012 by

Question:  Does moving with my children out of the shared marital home have any negative ramifications prior to divorce? There is no abuse, just a fairly amicable divorce. State:  Ohio Answer:  If you move out with your kids before the divorce proceeding, this should not, in itself, adversely affect any future divorce proceedings.  However, Ohio Code Title XXXI, Section 3105.171 lists several factors that are considered when dividing...

read more

Divorce Mediation – Mediators Can Be A Low Cost Alternative

Aug 8, 2012 by

Initiating a divorce can be a costly proposition. A court contested divorce can drain your bank account, take up all your time and destroy your peace of mind in short order. You can hire a divorce lawyer to represent you and eliminate some of the work, but it will still be an expensive ordeal at the very least. Your family and children will still be impacted in unpredictable ways, and there is no guarantee a court proceeding will go in your favor. You might want to consider utilizing the...

read more

Easy Divorce Education

Aug 8, 2012 by

Getting divorced is one thing, doing it without creating a legal and financial disaster for yourself is another. Since all divorces are basically civil lawsuits, they must be pursued in court according to the rules of the state you live in. Because the divorce laws vary from state to state, it is always a good idea to at least consult a divorce attorney before taking the plunge on your own. If you do decide to obtain legal representation in your divorce case, you will still need to understand...

read more

Divorce Terms – C

Aug 8, 2012 by

CAPIAS - An arrest warrant that instructs an officer to take a person into custody for failure to show up in court. CHANGE OF VENUE – The transition of one judge to another when one plaintiff feels that the judge holds a prejudice. CHART CHILD SUPPORT METHOD – A process that takes gross income, certain adjustments, to come to a monetary value on how much child support should be paid in each month. It is up to the court to decide whether or not this method is appropriate for each...

read more

Anti-Divorce Economy

Aug 8, 2012 by

It seems the weak economy is putting pressure on more than just the stock market these days, as reports from ABC News in Ft. Myers, Florida indicate that divorce attorneys are feeling the pinch too. Records from Lee County Circuit Court show that divorce filings dropped in that one jurisdiction by some 2,000 fewer filings than this time last year. The tough economy may be taking its toll on relationships, but it’s not because couples can’t get along. It seems more unhappily married...

read more

Contested Divorce

Aug 8, 2012 by

What is a Contested Divorce? A contested divorce is when the parties cannot agree on a settlement. One spouse could contest the entire divorce, or simply the terms as it relates to the children or property distribution. What Happens in a Contested Divorce? It simply means, the parties will have to go to court. Going to court for divorce is not uncommon given the emotional nature of the case and the large number issues involved in getting a divorce. How Long Does a Contested Divorce Case Take? A...

read more