Real Cost of Divorce

Aug 8, 2012 by

A divorce is never quite the cheap and easy fix for an unhappy marriage that people might think it to be and anyone who thinks divorce is a trivial matter has a few surprises coming their way. Getting a divorce is more likely to be a stressful event that causes upheaval in every part of your life. Far from solving all of life’s problems, divorces can be expensive and if you are unrealistic or unprepared, they can be emotionally devastating too. Study after study has shown that happily...

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Separations & Settlements

Aug 8, 2012 by

Your divorce settlement agreement is one of the last legal actions in a divorce proceeding and is the final agreement between spouses that sets forth the terms and conditions of a divorce. The agreements govern the division of property and the court’s assignment of a spouse’s ongoing responsibilities related to custody, visitation, and support. Divorce settlement agreements must be signed by both parties and accepted by the court before they can be incorporated into the final...

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Retirement Accounts & Your Divorce

Aug 8, 2012 by

The concept of dividing a person’s retirement account at the time of divorce can seem unfair at times. The fact that a spouse usually has a fifty percent right to a retirement account depending upon how long the two have been married does not always sit well with the main wage earner involved in a divorce. Some people might think it unfair that their spouse is entitled to fifty percent of their retirement account or pension because they were the person who got up and went to work everyday...

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Ex-Husbands in Denial

Aug 8, 2012 by

Some cheating husbands might regret having caused their own divorces, while others like Jesse James, the “Monster Garage” TV show star who became the focus of nationwide scorn last year for cheating on his movie star wife Sandra Bullock, have no problem completely absolving themselves of any wrongdoing. James appeared to have completely rewritten the saga of his divorce when he called into an Australian radio show to promote his book, “American Outlaw.” When he was asked...

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Jobs That Cause Divorce

Aug 8, 2012 by

A recent paper published in the Journal of Police and Criminal Psychology shows that people working in stressful jobs or extrovert environments at work have a higher risk of divorce. The study, co-written by Michael Aamodt, a professor at Radford University in Virginia, examined various occupations and their rates of divorce. After controlling each given occupation for demographic variables that might be related to divorce, the study was able to extrapolate race, gender, age and income...

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Rising Unemployment Creating More Work for Divorce Lawyers

Aug 8, 2012 by

As the recession continues to deepen and job cuts accelerate, a rapidly rising number of divorced spouses are requesting changes be made to child support and alimony arrangements. In a recent survey of the American Academy of Matrimonial Lawyers (AAML), 39% of the nation’s top divorce attorneys cite an increase in modifications being made to child support payments. Additionally, 42% of the members report a rise in the number of changes made to alimony payments. “When a divorced...

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3 Ways to Get Individual Counseling Following a Divorce

Aug 8, 2012 by

Life is tough enough, but add a divorce into the mix and it can be nearly impossible to function even once the divorce is final. “Rebuilding your emotional life following a divorce can seem daunting and never ending,” says Stelin Mosley.  “Many people worry if they’ll ever recover from the pain of the separation.” That’s where individual counseling comes in. Mosley’s written an article for LivingStrong.com where he talks about the importance of...

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Do You Really Need a Divorce Lawyer?

Aug 8, 2012 by

If you are considering divorce, it may pay to talk with a divorce lawyer first. It can give you valuable time to  explore your options and can decide if divorce really is the best your best option. A divorce lawyer can explain what filing for divorce really means, what the legal system requires, how long your divorce might take and what paperwork will be needed. Often, a failing or troubled marriage can stress you out and leave you depressed and angry. A divorce lawyer is someone who can...

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How to Find Your Divorce Records

Aug 8, 2012 by

When a divorce is finalized by the court system, the court proceedings are documented and stored in a divorce court record. While the precise contents of a divorce court record will vary from state to state, divorce records will generally contain the paperwork that was filed at every step of the divorce as well as the details of the settlement. Divorce records are public records that can easily be accessed by any member of the community. While the physical divorce record itself is maintained at...

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Understanding Child Custody Laws

Aug 8, 2012 by

Child custody refers to the legal care and maintenance of a child to one or both of the parents. Child custody is often a battle for many families going through divorce. In many cases, the parent who should be awarded full custody of the child is obvious, while in other cases it is not. Child custody laws differ from state to state. Depending on the state where the custody case is taking place, the courts may use different factors to determine which parent is awarded custody. Although there are...

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What if I asked for us to go to counseling and she said no?

Aug 8, 2012 by

Question:  What if I asked for use to go to counseling and she said no? State:  Vermont Answer:  Once the divorce papers are filed you can ask the court to make a review of the case and see if there is any chance that reconciliation can be made. Vermont requires 7 years of abandonment for a fault based divorce on those grounds. Six months of separation are all that is required for a no-fault action based on the assumption that resumption...

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My husband and I were married in Massachusetts in 2005. He is a pot smoker 24 hours a day.

Aug 8, 2012 by

Question:  My husband and I were married in Massachusetts in April 2005. A problem occurred in my family because of drugs in 2006 and it has been a problem ever since. He is a pot smoker 24 hours a day. You can not live with him because he doesn’t remember anything that goes on and therefore thinks everything is a lie. We bought a house in AZ in 2006 and moved from MA. He moved back to MA in October 2009. Can we get the divorce in MA? State:  ...

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Understanding Separation Agreements in Divorce

Aug 8, 2012 by

There are many steps that come before a divorce, and for couples who want to work things out in an agreeable fashion, a separation may be in order. One of the things that makes the divorce process so confusing is that each state has its own mandated set of rules on how to handle things. Some of them will actually recognize a separation as a legal step in the process, while others don’t have any true distinction for separation. When the courts are involved, they will typically honor what...

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California Renegotiation

Aug 8, 2012 by

Question:  Can you go back and re-negotiate after the divorce has been finalized in California? State:  California Answer:  Thank you for your question. You can’t re-negotiate the divorce per se. However, you can ask the court to modify child support, child custody arrangements, and spousal support where you can demonstrate that changed circumstances warrant a change. For example, if you are paying child support and lose your job or...

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Can a spouse receive alimony if they committed aldultry and have a child? NC

Aug 8, 2012 by

Question:  Can a spouse receive alimony if he/she committed aldultry and had a child durning the marriage? (NC) State:  North Carolina Answer:  Anything is possible, but adultery and a child born out of wedlock during the course of a marriage is not likely to garner much sympathy or support in court. The judge will ultimately decide who gets what after consideration of the facts. In this case, make sure you present all of them (the facts...

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Should I move out before I get divorced?

Aug 8, 2012 by

Question:  My Wife and I are not getting along. In fact, we have tried counseling, but she recently quit going. Now she wants ME to move out of our house because she can’t stand being in the space as I. I had every intention in moving out until a couple of friends of mine who recently been through the same deal as I, advised me not to. The reason was due to actions abandonment to my kids and my responsibilities as a home owner in the respect of divorce court proceedings. This...

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Who gets what in a divorce? House, cars and personal property. Pennsylvania

Aug 8, 2012 by

Question:  I left my husband and moved out of our house. We bought it approx. 13yrs ago. He seems to think it is now his only. Along with our car and other belongings. We’ve been married for 16yrs. I told him half of everything also belongs to me. Is he right? Did I give up my ownership of my previous life because I left him? (PA) State:  Pennsylvania Answer:  Pennsylvania is an Equitable Distribution state, and marital property...

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What are the grounds for an annulment?

Aug 8, 2012 by

Question:  What are the grounds for an annulment? State:  Wyoming Answer:  The legal grounds for an annulment differ from jurisdiction to jurisdiction, but most states allow a marriage to be annulled where there was some type of fraud, or where the marriage should not have occurred in the first place such as where one of the parties is under the legal age of marriage, or where one of the parties is married to someone else. However,...

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When is a divorce decree final?

Aug 8, 2012 by

Question:  When is a divorce decree final ? State:  Idaho Answer:  Your divorce is not really complete until you have a SIGNED divorce decree in your possession. Your divorce decree must be signed by a judge and filed with the County Clerk’s Office. When that happens, you are officially, legally and FINALLY divorced. -Divorce.com   Wendy Jaffe and Divorce.com can only provide general information about divorce. DO NOT RELY ON...

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How long will a divorce through mediation take?

Aug 8, 2012 by

Question:  How long will a divorce through mediation take? State:  Florida Answer:  Probably just as long as a “regular” divorce process, but it should cost a lot less. Divorce through mediation encourages compromise and can result in satisfactory results for both sides, but it can still take a fair amount of time depending on how backed up your local court schedule is.  -Divorce.com   Wendy Jaffe and Divorce.com...

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