The Never Married

Aug 8, 2012 by

Many interesting facts and findings are coming to light as the data from the latest U.S. Census is digested and analyzed. Even though statistics on marriages and divorces in the U.S. has been collected since 1986, a new report based on data from the Census’ Survey of Income and Program Participation will be the first revised analysis of the topic since 2001. The researchers looked at data from 39,000 households collected in 2009 from both men and women aged 15 and older and found that...

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Splitting the Property or Why Won’t I Get Half of Everything in My Divorce?

Aug 8, 2012 by

When a couple gets married they often assume their marriage will last forever. Few spouses familiarize themselves with state divorce laws before their wedding day, and if the marriage does end, there is usually a bit of confusion about who will receives what portion of the marital property. Unfortunately, divorce laws are not uniform. Each state has it’s own unique laws which have evolved as a result of foreign influences, political pressure, and religious traditions. The result is that...

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Filing for Divorce : Part Two

Aug 8, 2012 by

Summons and Petition The first step in is filing a Summons and Petition in court. You can get these forms from the local courthouse. The price for filing these papers varies from state-to-state, but the cost is usually under $100. The Summons and Petition is a three-part form. The Summons announces that divorce papers have been filed in court. The Petition has two parts. The first part identifies the individuals involved such as the divorcing couple and any children they have. The second part...

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Mandatory Divorce Counseling

Aug 8, 2012 by

The American Association for Marriage and Family Therapy reports that although the divorce rate in the United States has backed off a bit due to the weak economy nearly 40% of all new marriages are still at risk of ending in divorce. The situation has motivated many state and local officials to step up community efforts to prevent divorce in the first place. Some of the solutions offered have been rules to make premarital counseling mandatory and extending the waiting period for a marriage...

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Legal Divorce

Aug 8, 2012 by

Although divorce laws in the United States are governed almost exclusively by the laws of the state and county the divorcing couple resides in, there are other legal issues and rights surrounding most divorces that are common to all regardless of jurisdiction. It is up to each individual spouse in a divorce case to make sure they follow the rules of the court as well as their own common sense to insure their divorce is completed legally without unnecessary complications. Here are some common...

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Who Will Get the House?

Aug 8, 2012 by

In almost all divorce situations, the family home will be considered community property. Under the law, each spouse has a 50% interest in community property. This equation makes determining who receives the house in a divorce a complicated mathematical and legal equation. When there are children involved, courts would prefer that the primary custodian of the children retain the house, especially if the children have lived in the house for a long time. The rationalization being that the...

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Protecting Divorce Records

Aug 8, 2012 by

Identity theft is a growing problem in the United States these days and the theft of marriage and divorce records is part of the problem. Once a thief has access to a person’s marital records it can open the door for ongoing fraud and even though obtaining vital records illegally is a felony in most jurisdictions, it does not stop determined thieves. The situation has led some states to change their regulations to require photo identification for all vital records requests in an effort to...

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Advocating Children’s Rights

Aug 8, 2012 by

As the divorce rate in the United States continues to climb, so does the amount of damage to the most innocent members of the family, the children. Many of the legal issues and debates surrounding a divorce focus on the rights of the adults, and overlook what might be happening to vulnerable and confused children. Children are often put aside or ignored while the mechanics of a divorce, like who gets what, are worked out. When divorcing adults are distracted, it’s easy to forget the...

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Stable Household Trumps Two Parents

Aug 8, 2012 by

An Ohio State University professor has published the findings of a study of family stability that shows growing up in a stable household is more important for a child’s development than whether or not the family has two parents in the home. The findings were released in “Marriage and Family: Perspectives and Complexities,” a recent book co-edited by Claire Kamp Dush, assistant professor of human development and family science. The information was gathered from 5,000 households...

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Got divorced and would like to be reinstated back on husband’s pension.

Aug 8, 2012 by

Question:  Under much duress, my husband made me sign off his pension benefits as a beneficiary. Is there any way I can get that paperwork changed and get reinstated back on the pension. We live in Georgia and have been married for 17 years. State:  Georgia Answer:  Unfortunately, there is no quick or simple answer to your question since it involves several “sticky” issues simultaneously. You’ve been in a long...

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Not happy with my life and my husband is a big drinker.

Aug 8, 2012 by

Question:  Not happy with my life. Husband big drinker. Never hit me. We have two grown children. I own a house and I want out. I have been married for 30 years. So confused!!! State:  New Jersey Answer:  If you have been a resident of New Jersey for one year you can file a no-fault divorce action based on Separation if the husband and wife have lived separately for a period of at least eighteen months without a reasonable expectation of...

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How long before you can get married again after a divorce?

Aug 8, 2012 by

Question:  How long before you can get married again? State:  Tennessee Answer:  About 25 seconds…or as long as it takes to “pop the question.” Humor aside, if you are “legally unmarried” as in “divorced” you can get married again anytime you like. There is no waiting period for marriages if the parties are of legal age and single. Being single is the key for second marriages though, as some are...

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Top 10 Reasons Marriages Fail

Aug 8, 2012 by

1. Financial Problems For the most part, it is the lack of open communication about money problems that jeopardizes a marriage more than the financial problems alone. Everyone has financial issues concerning bills, debts, spending and budgets. How a couple deals with those issues can make or break a relationship. 2. Communications Problems If a couple has communication problems prior to marriage, those problems are likely to get worse after tying the knot. It is important that both partners are...

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What percentage of my husbands income would he pay for child support?

Aug 8, 2012 by

Question:  What percentage of my husband’s income would he have to pay for child support? State:  Texas Answer:  Child support in Texas can be estimated fairly accurately using any one of a number of “calculators.” They can be found easily enough with an online search. Basically, they all total up existing household incomes and expenses to come up with a base subtotal figure. The amount of child support is then figured...

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I’m pregnant by someone else do I have to do anything to make sure biological father’s name goes on birth certificate?

Aug 8, 2012 by

Question:  OK – I’m married to one guy who has been in prison for a couple years and I’m pregnant by someone else do I have to do anything to make sure biological father’s name goes on birth certificate? State:  Washington Answer:  Washington law establishes a rebuttal presumption of paternity in favor of your husband. This means that your husband is assumed to be the father of your child.  However, there is a...

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No Fault Divorce in MA

Aug 8, 2012 by

Question:  I have been seperated from my husband for nearly 2 years now. I have repeatedly left messages with him regarding getting a divorce. He has a girlfriend and yet has not filed for divorce nor has he called me back. I want to get on with my life but have no money and neither does he. There is no property or children from this marriage. How do I go about getting a divorce from him quickly and for as little money as possible? State:  ...

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How can I get a quick divorce in Florida?

Aug 8, 2012 by

Question:  If I have been seprated for the last seven years and have not lived in the same state as my spouse how can I get a quick divorce in Florida? State:  Florida Answer:  In Florida you can file for a divorce based on abandonment or desertion as grounds. You will have to wait one year after the event of desertion before you file for a divorce. For a voluntary separation, you also must have been voluntarily separated for at least 12...

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What should I do about the house?

Aug 8, 2012 by

Question:  Me and the wife have been legaly separated for about 7-8 yrs, we were separated in Arizona,but have been living in Minnesota for the past 4-yrs now, I’ve been paying child support, thats all good.about 2yrs ago she wanted to take her name off the mortgage so she can divorce me and move back to Arizona to buy a house. Well shes off the mortgage but never moved,i believe the both of us are on the deed/title. My question is she moved out 2wks ago into a apartment,i live in...

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My Husband is in jail, I want to get a divorce will he have say in it?

Aug 8, 2012 by

Question:  My Husband is in jail – if I wanted to get a divorce will he have say in it? State:  Virginia Answer:  That depends on several factors. If your husband decides to contest the divorce he has the right to be heard by the court but that doesn’t mean his views will be shared by the judge. If he has been or will be incarcerated for more than one year – you can use that as the grounds for your Virginia divorce. It...

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I BEEN MARRIED FOR 1 1/2 YEAR NO CHILDREN AND NO ASSETS

Aug 8, 2012 by

Question:  Been married for 1 1/2 year. No children and no assets. Im afraid to get divorce ecause my income is not enough to survive by myself. He have a good income. Do I have any rights to get any monetary help from him even do we been married for only this time? I live n California. Thanks State:  California Answer:  California statutes dictate that in ordering spousal support the court shall consider the duration of a marriage, the...

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