No Fault Divorce – Whose Fault Is It anyway?

Aug 8, 2012 by

Divorce can be stressful for all of the parties involved, and it is not always the best way to handle marital strife. Unfortunately, circumstances may arise that forces one party to file for divorce because it may be the best decision for the whole family. Each state controls divorce laws and grounds for divorce, and while some divorce laws are similar in many states, others have completely different rules. Grounds for divorce and burden of proof vary slightly from state to state. Grounds for...

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Guaranteeing Fair Property Division in Divorce

Aug 8, 2012 by

Divorce is never easy. But it’s an even more stressful process when the parties involved struggle to reach a fair compromise on property division. Fortunately, there are steps everyone involved in a divorce proceeding can take to divide their property so that everyone is satisfied. The key is for couples to decide early in the process to work together to divide their assets in a way that is fair to everyone. This can take much of the unnecessary stress out of a divorce proceeding. Before...

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Catching Cheaters Online

Aug 8, 2012 by

It is common knowledge that the recently relaxed privacy settings on Facebook have enabled some members’ personal details to be leaked without them realizing it. What people might not know is that social media stalking has become a widespread evidence-gathering tool for attorneys involved in divorce cases. In the old days attorneys would have to get the goods on cheating spouses by using private investigators to snoop around with cameras. Now they just go online to look for compromising...

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The Un-Divorce

Aug 8, 2012 by

A recent article in the New York Times has uncovered a new category of unhappily married couples in the form of people who are “un-divorced.” The article noted that an increasing number of people contemplating a divorce are now taking a closer look at their finances in the downward turned economy. A lack of cash is often the motivation for people who separate, but still remain married in order to continue to enjoy the benefits of marriage like tax breaks and health care coverage....

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In a divorce settlement how is pension divided between the two parties?

Aug 8, 2012 by

Question:  In a divorce settlement how is pension divided between the two parties? State:  Alabama Answer:  Pensions and other marital assets are divided according to the laws in the state where you reside. If you live in Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington or Wisconsin, you live in a community property state and assets will usually be split down the middle. All others are equitable property states...

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What does a counter-petition look like?

Aug 8, 2012 by

Question:  What does a counter-petition look like? State:  Arizona Answer:  Generally speaking, a Counter Petition looks very similar to the original Petition which is the form that states in legal terms that a party is seeking a divorce (or some other relief). Different states may use different terms for such a document. In most states, the Counter Petition will simply be a pre-printed form containing various boxes which the respondent...

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Question about home purchased during marriage.

Aug 8, 2012 by

Question:  My husband and I started together with NOTHING. Now, we own a house (just in his name, as a was a stay at home Mom with no job) However, I found the house through my family member who gave us a $40,000 deduction on the price. He has been both physically and verbally abusive to me and my(our) children. I want to be fair, but I think that everything should be split down the middle. The house, and everything in it. We have been separated since July of 2008. So, its gonna be...

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Understanding Marital Property and Abandonment in Relation to Divorce

Aug 8, 2012 by

When you get to the point where you are contemplating a divorce, there is often plenty of nasty water that has already flowed under the bridge. Emotions run high and you may be considering a run for the hills. However, this can lead to issues with abandonment, so you really need to do your homework before making this decision. Many people who are considering divorce may not be aware of the issue of abandonment or may be confused as to what qualifies for this term. That is entirely...

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Will my ex have to pay child support when my son turns 18?

Aug 8, 2012 by

Question:  Under Arizona law will my ex have to continue to pay child support when my son turns 18 and is still in school? Even if my son moves out of my home and in with his dad upon turning 18 but there has been no modification to decree? State:  Arizona Answer:  Arizona sets the limit for child support payments at age 18 or when the child graduates from high school. The state statute says: The presumptive termination date shall be the...

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Can the court system put my income and my wife to-be’s income together and increase the child support?

Aug 8, 2012 by

Question:  I’ve been divorced 2.5years and I’m getting remarried again. I’m paying child support on my first kid. Can the court system put my income and my wife to-be’s income – together and increase the child support? Or if we make a prenuptial agreement can the court system touch my income? State:  Georgia Answer:  A prenuptial agreement will not affect the amount of child support you pay on the prior...

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Need help starting the divorce process.

Aug 8, 2012 by

Question:  My husband pretty much has me as a prisoner in my own home (I’m a stay at home mom) constantly belittling me, i’m not allowed to leave the house without him. and telling our children I’m a bad mother. He’s in the US Navy and we’re currently in HI, but I I could move back to NJ and live with my parents as well. I’m just really clueless on how to get anything started to ensure a divorce and custody of the children. (HI) State:  ...

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Severance/early retirement pkg.

Aug 8, 2012 by

Question:  Our Divorce Decree of 2/09 (after 34 yrs. of marriage) states I (ex-wife) am entitled to 29% spousal support of earned income of ex-husband as long as he has earned income. I also was awarded a marital portion of husband GE pension. The QDRO for pension has a parag. granting me a portion of early retirement pkg. Ex-husband signed early retirement papers 3/19/09 and was granted a severance pkg., $60K of which was based on his 30+ yrs of service with GE. Ex-husband is claiming...

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How can I file for a divorce?

Aug 8, 2012 by

Question:  How can I file for a divorce when I’m staying with my In-laws and nowhere else to go at this point? State:  Florida Answer:  If you are a legal resident of Florida, have no kids, are not pregnant and can agree with your spouse on the terms of the divorce – you can get the papers for a Florida “simplified” divorce at home using an online legal forms service. If agreement with your spouse is impossible you...

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I would like to divorce my wife but only if she doesn’t get anything. How do I know what she will get?

Aug 8, 2012 by

Question:  I want to divorce my wife. But I won’t do it if she is going to get anything. How will I know what I am going to lose… State:  Wyoming Answer:   Thank you for your question. I can give you only a general answer to your question because what you are required to pay your spouse in a divorce differs between states. But in many states, property acquired during the marriage may be split up to 50/50. If you have...

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If i dont know where the other party is can i still get a divorce?

Aug 8, 2012 by

Question:  if i dont know where the other party is can i still get a divorce? can i do the divorce myself without having to pay a lawyer? **Wendy Jaffe and Divorce.com can only provide general information about divorce. DO NOT RELY ON MS. JAFFE’S ADVICE ALONE. Before acting on information provided by Ms. Jaffe or by Divorce.com, talk to an attorney first about your particular facts and the law of your state. State:  Alabama ...

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Divorce Demand

Aug 8, 2012 by

Sometimes people rush into a divorce, and other times people wait entirely too long before taking steps to end a bad marriage. Rushing into divorce presents its own problems, but postponing divorce in a bitterly failed relationship can literally be dangerous when a fed-up spouse finally explodes in anger after years of brooding. Such was the case in Florida recently when Ft. Lauderdale-area resident Tamara Strulovici decided rather urgently that her husband needed to sign some divorce...

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Divorce Steps

Aug 8, 2012 by

Making the decision to get a divorce is never easy and there are often many obstacles to overcome along the way. Before you file for divorce you might think about setting some basic goals as to what outcome you want from the situation. Consider all your options when choosing how you file, whether or not you will need an attorney and whether or not you will try mediation, a marriage counselor or other divorce-related professional services before you start drawing up any legal documents. If you...

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Children of Divorce at Risk

Aug 8, 2012 by

University of Toronto researchers published a study online this week in the journal Psychiatry Research that concludes that when children of divorce become adults they are far more likely to consider taking their own lives than people who grew up in intact families. It’s not good news but it appears there is an undeniable link between suicidal ideas in children from divorced families where additional parental stress like addiction, physical abuse and unemployment were also...

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Divorce Blog

Aug 8, 2012 by

If you are considering a divorce, going through a divorce or suddenly single again and ready to start all over, you will find plenty of good advice, therapy and tips to help you take control of your life here at Divorce.com’s Blog Pages. You’ll find information on topics from around the world about divorce issues in the news, lawyers and legal tips, how to manage your divorce case, family law updates and other general resources designed to help you deal with every aspect of getting...

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Predicting Divorce

Aug 8, 2012 by

Some researchers studying marriage and divorce say there are distinct clues to a couple’s chances of a future divorce that can be found in the way they talk to each other. Research has shown that when a discussion starts out on a harsh and negative note, it will also end on a negative note, despite any attempts to patch things up between arguments. A negative start indicates a couple is already having difficulty with their relationship and criticism, contempt, defensiveness and...

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