Where and How should Divorce be Filed?

Tuesday, May 19th, 2009

The legal process of divorce begins by filing a petition or complaint with the court. To file this case, you should take your documents to the proper family court. Most states require that either you or your spouse live in a particular state for a period of time before they allow divorce filing.

State laws vary but typically, you may file for divorce in the county where you or your spouse lives, or where you lived at the time before your separation. The petition or complaint is the main document that you’ll need to file for a divorce. For complaints, the “plaintiff” is the spouse submitting the complaint and “defendant” refers to the other party. While for petitions, the spouse filing divorce is called the “petitioner” while the other spouse is called the “respondent.”

You need to give notice to your spouse that you have filed for divorce. The preferred method is handing the petition or complaint personally to the other party. However, other forms of notice such as publications, for example, may also be acceptable.

It’s possible to file a divorce without a lawyer, however, it’s best to consult with a divorce lawyer to help you in filing the paperwork and explain the appropriate filing process in your state.

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Grandparents’ Right in Divorce

Friday, May 15th, 2009

One of the controversial issues in a divorce is the rights of the grandparents. Sometimes, a grandparent is denied access to the grandchild or sometimes communication just breaks down and no visitation schedules are discussed.

If you are facing this challenge, bear in mind that filing a case in court should be your last resort. Every effort should be made to communicate with the parents in order to spend time with your grandchild. If no agreement was reached, then mediation could be another option.

The requirements for visitation ordered by the court will vary by state. However, most states agree that grandparents are not entitled to visit if the parents of the child are still married. The following situation may be a cause for grandparent visitation:

• -Child is born out of wedlock
• -A parent is deceased
• -Parents have a pending divorce
• -Parents are already divorced

As you see, this is clearly a complicated issue. If you’re a grandparent being denied of visitation rights, you can decide to pursue a case or not. And when you choose to pursue it, the next step is to find a divorce lawyer who specializes in visitation and third party custody.

Tags: Divorce, Divorce Lawyer, grandparents, lawyer, third party custody, visitation
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Wage Distribution in Divorce Proceedings

Friday, May 8th, 2009

During divorce proceedings, the court will value a person’s exceptional wage earning abilities and distribute a part of it to the spouse. This comprehensive decision was written by a Supreme Court judge in New York. He concluded that the personal good will inherent in one’s career should be considered as a marital asset and must be subject to court evaluation and subsequent distribution upon divorce.

In fact, there have been many divorce decisions that recognized this – licenses and degrees were considered as valuable property rights. But it’s clear that whether corporate executives earned licenses or degrees during their careers, their career expertise would still be subject to equitable distribution.

For example, a corporate executive (even with an undergraduate degree) earns $35,000 in a year. But because of the experience and special skills acquired during marriage, the salary increased to $350,000 a year. In this case, the courts will determine the average pay of college graduates in the area (say $85,000), deduct it to the present value sum ($350,000 less $85,000 = $265,000), multiply the years before reaching retirement (say 15 years), and then discount the result to the present value sum.

So for our example, $265,000 multiplied by 15 years is $3,975,000 in enhanced earnings. The discount amount may only be $1,800,000 depending on the discount rate employed.

Most people are truly shocked by this. Nevertheless, this type of computation is often played in divorce courts. But since this evaluation process is more of an art than an exact science, selecting an experienced divorce lawyer will surely soften the blow.

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Mediation: A Better Way to Divorce?

Monday, May 4th, 2009

Even if getting a divorce is the right thing to do, it can still be a difficult process. For many couples today, they go through mediation because it’s less painful.

Typically, traditional divorce treats the spouses as enemies. Each person has a lawyer and they try to claim as much as they can for their client. A judge may make the final decisions if the couple won’t agree. But sometimes, both are not happy with the outcome.

In mediation, however, the couple will be the ones to reach an agreement. The mediator is there only to help them communicate. And since the couple makes the decision, then they’re more likely to stick with it.

Mediation will only work if:

· The spouses agree on getting divorce

· They can talk calmly and make decisions without fighting

· They want to stay in good terms

· They respect and trust each other

However, don’t think that a lawyer is not necessary if you opt for mediation. It’s always a good idea to retain a divorce lawyer who will inform you of your legal rights before starting mediation. You can also request a lawyer to review the mediation agreement before you sign it. To find a lawyer, you can always consult an online law directory.

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