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Thursday, March 26, 2009

Advantages of an Uncontested Divorce versus a Contested Divorce

An uncontested divorce is the only way to go when getting a divorce. For one, you do not need an attorney, the divorce is done in private, and issues can be negotiated 1 on 1. You may need an attorney if you can not make an agreement of every issue you negotiate. Disagreements you should be ready for are, the grounds for divorce, payment of family debts, visitation rights, division of the assets of the marriage, child support, alimony, custody of the children, payment of health insurance for the dependent, contribution toward educational expenses, and income tax.

It is important that you negotiate all the issues of the divorce before you file for an uncontested divorce. Uncontested divorces are given an identification number and are considered by the court as an issue that will eventually need trial time in order to resolve problem issues in the divorce. This is because until you two get all the issues of the divorce case negotiated your uncontested divorce is considered a "Contested Divorce".

When all the issues are negotiated you can then stipulate to the court to have the matters heard as an Uncontested Divorce or "no fault divorce" matter. The court will then expedite the Hearing then they will hear proof of the agreement of the grounds of the divorce. The proper way to prove the grounds of the divorce is with an Uncontested Divorce form. Id highly recommend you to get your form from legalformsbank.biz for your state's specific up-to-date Uncontested Divorce form. Be aware of sites where you must type in your personal information so they can "generate" your legal form. Not only are you giving someone else your extremely sensitive information that could be used for all kind of identity fraud, your liable to have your money and information taken from hackers who put up legitimate looking sites then disappear off the net without ever giving you your Uncontested Divorce form.

Nicholas Fagan is proud to be an author of http://LegalFormsBank.biz providing information for legal do-it-yourselfers. We provide your state's specific, do-it-yourself, printable Uncontested Divorce form. Download your state's Uncontested Divorce form for only $7.95

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Friday, March 20, 2009

Divorce Statistics And Effects Of Divorce On Children

There are many couples today that cannot make their marriage work and they jump to the conclusion that they must get a divorce. This is something that both parties may agree to or just one person in the relationship may have this idea on their mind. Either way, it is the ending of a marriage and something that needs to be thought about very carefully before doing going through with it.

A divorce will sometimes be called a decree of dissolution of a marriage. It is a legal process that has to go through the divorce courts. You cannot have just anyone terminate your marriage. It is final and it is a very serious matter that two people need to think about when their marriage is not making them happy. However there are things that a couple can do first before they decide to actually get divorced.

A divorce is the termination process of a valid marriage between two people. There are different reasons for divorce for different people. Many times a couple will try many other actions before they go ahead and file for a divorce. They may try counseling or talking to one another. They may also decide to take a vacation away from everyone else and try to work it all out. Sometimes it is just not possible to get through all the hard times and move past them with a happy marriage. It is sometimes the only choice between two people.

With a divorce the parties or court will resolve all the issues that are between them like the house, and other property that they jointly own, child custody and visitation as well as support in the form of alimony and from whom. There are many people that end their marriage peacefully and yet there are others that make it drag on for many years because they cannot agree on anything for the divorce. In fact current divorce statistics show that 1 in every 2 marriages end in divorce.

The process of the divorce is going to be hard on all the parties, but the effects of divorce on children needs to be carefully monitored. This is something that can really upset them and it is important to make sure that they get the care and the love that they need to understand that everything will be all right, and that they are not to be concerned with anything that the adults go through. This will help to comfort them and give them the secure feeling that all children need in this time of separation.

Divorce does not mean that the two people that were once married can no longer speak or have a normal friendship. In fact it is recommended that if there is children involved the divorced parents need to work together to make a divorce as easy as possible. This will keep everyone happy and make the divorce not seem so cold as many do.

Michael Spencer owns and operates http://www.divorceandlife.com Divorce Statistics

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Tuesday, March 17, 2009

Divorce Recovery And Personal Principles - Maintain Clear Direction During The Chaos Of Divorce Reco

Divorce recovery often leaves us feeling lost, off-balance, disoriented, and vulnerable. Sometimes we feel as if we are careening off course and out of control. Our personal principles can give us confidence by reassuring us we are on course in our journey to a successful and satisfying life after divorce.

Divorce Recovery is Like Driving Down the Interstate in a Fog
An image that made sense to me when I was neck-deep in the divorce recovery process was driving down the interstate in a dense fog. A very real question for me was, "How can I make sure I stay in the road and not drive into the ditch?" Fortunately, superhighways have a way of reminding us when we are straying off course - those rat-a-tat-tat bumps on the side of the road that warn us we are getting too close to the shoulder. Our personal principles perform the same function - warning us when we are veering off course.

An Example of How Your Personal Principles Can Help Your Recovery from Divorce
A client of mine was having trouble negotiating the choppy waters of life after divorce. Some of his issues were: "How should I deal with my ex?" "What do I do about dating?" "How should I manage the proceeds of the sale of my Soho loft?" These, and other related issues, were driving him crazy. He had trouble focusing on one without another wedging its way into his head. Metaphorically, he was trying to go forward in a fog. When asked what his primary personal principles were in dealing with this time in his life, he responded, "The welfare of my two children." With that, the fog lifted. He realized that using his primary principle of "what's best for my kids" as a compass gave him clarity for traveling the blurry road of divorce recovery.

The Promise - You Can Make a Successful Recovery from Divorce Because You Have Stability of Direction
The good news is, we all carry a compass we can use when lost and vulnerable. It will guide us through the maze of divorce recovery with a true feeling of stability and control. That compass is our set of personal principles. Our principles give us a way to determine if our decisions and actions are right or wrong for us in this specific divorce recovery situation. All we have to do is ask, "Is this consistent with or is it against my principles?" The answer will set you free to travel the murky waters of life after divorce.

To learn more about the divorce recovery process and how you can speed up your return to a "normal" life, you are invited to visit http://www.SmoothDivorceRecovery.com To get a free assessment of your Divorce Recovery Stress Level you are invited to visit http://www.smoothdivorcerecovery.com/divstress.htm I help divorced clients return to the mainstream of life with renewed hope, unfettered by the chains of anger, resentment, and shame that accompany divorce.

My name is Jerald Young. I am a transition consultant and divorce recovery coach and I wish you the very best in making a smooth recovery from divorce.

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Tuesday, March 10, 2009

Divorce Recovery And Blessings In Disguise - Find The Confidence For Making A Smooth Divorce Recover

Divorce leaves everyone, at some point, awash in self doubt. We wonder, "How am I going to deal with this? Can I deal with this? Will I get through it without life-long scars? What gives me the confidence to believe I can really pull this off?"

"Been There, Done That" - The Key to Building Confidence for Handling Life Changes

"Been there, done that." The message is, if I have done it before, certainly I can do it again. But what if I haven't done it before? What if I am being asked to do something that is brand new, unique, foreign, strange, unwanted, even surreal? Such is the experience of divorce for many of us, as well as its sequel, recovery from divorce.

We never planned to get divorced. We never received training in school in how to recover from divorce. In fact, we often thought divorce was something that happened to "other people." However, here we are, knee-deep in our stuff, trying to make a recovery from divorce, and wondering: "Can I really do this?"

Blessings in Disguise - The Source of Confidence for Making a Divorce Recovery

It turns out, "Been there, done that" is good news for anyone wanting to make a recovery from divorce. Even though we may not realize it, we have "been there, done that" - even if we've never been divorced before.

Our life experiences teach us how to make it through major change. Whether it is getting over our awkward first love affair in junior high school, making a comeback after getting downsized, changing careers, etc. - everyone has gone through unwanted change and eventually has come out the other side. Almost always we are able to acknowledge we learned something valuable about ourselves we would otherwise never known.

We call it a "Blessing in Disguise." A "blessing in disguise" is a change we did not want to go through, but did anyway, after which we realized that we derived some good for going through the experience. Acknowledging blessings born by change gives us confidence to face other life changes, including recovery from divorce.

An Example of How Your Blessings in Disguise Can Help You Recover from Divorce

Sally's life was turned upside down when her husband of 10 years filed for divorce. She felt adrift, powerless, and relatively hopeless. She was all but paralyzed in making her recovery from divorce. Then it was pointed out that she has made it through a setback in a successful career, a long-term recovery from a chemical dependency, and the death of a child. These difficult life experiences had given her the blessing of knowing she was very capable of successfully handling difficult, unwanted, major changes in her life. And, that dealing with her recovery from her divorce was not that much different from what she had already weathered. Within weeks her attitude shifted and she began to thrive in her new life after divorce.

To learn more about the divorce recovery process and how you can speed up your return to a "normal" life, you are invited to visit http://www.SmoothDivorceRecovery.com To get a free assessment of your Divorce Recovery Stress Level you are invited to visit http://www.smoothdivorcerecovery.com/divstress.htm I help divorced clients return to the mainstream of life with renewed hope, unfettered by the chains of anger, resentment, and shame that accompany divorce.

My name is Jerald Young. I am a transition consultant and divorce recovery coach and I wish you the very best in making a smooth recovery from divorce.

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Monday, March 2, 2009

Rhode Island Divorce - "Post Divorce Do's And Dont's" -Family Law & Child Support by a RI Lawyer

(For your convenience, I have prepared this list of "Post Divorce Do's and Don'ts" which are applicable to Rhode Island divorces. Some may be applicable to your case and many will not be applicable. Please take a few minutes to read this. If you have any questions about this article or need any legal help please contact a Rhode Island divorce attorney)

Do's

Keep accurate records of child support, alimony, or other property settlement payment(s). In the event that there is a dispute as to whether or not you have made payments, accurate records are important for proof of payment.

If you have a property settlement agreement in your case, any changes to the property settlement agreement must be in writing and signed by both parties.

In the event that you do not have a property settlement agreement and there is only a final judgment in your case, changes can only be made by application to the court for a modification of the final judgment based on a substantial change of circumstances.

If visitation of your children is in dispute, keep accurate records of your visitations documenting dates, times, activities and/or confrontations with your ex-spouse.

If your ex-spouse is on "welfare" (afdc benefits) then do not make direct payments to her or him! You must make the payment to the State of Rhode Island. In the event that your ex-spouse is on welfare and you make payments directly to her/him, then these payments will be considered a gift. The State of Rhode Island (RI) will still pursue you for the child support payments, despite the fact that you have made the payments to your ex-spouse directly. This means that you will have to make double payments of child support.

Do not modify the property settlement agreement by an oral agreement. ALL changes to a property settlement agreement must be in writing, signed by both parties.

Do not make cash payments of alimony or child support without a signed receipt from your ex-spouse.

If you make payments directly to your child or buy anything for your child, these payments will be considered gifts to your child and will not be a credit towards child support. Therefore, if you want these types of payments to be considered child support, they must be given directly to your spouse as child support.

If there is a restraining order or no contact order in your case, do not contact your ex-spouse without the restraining order being dismissed. Even if your ex-spouse initiates the communication or invites you over, you could still be arrested for violating the restraining order. Any type of communication is a violation of the restraining order including e-mails, letters, faxes or voice mail messages. Do not rely on your ex-spouse's insistence that a restraining order has been dismissed. You need to verify with the Clerk of the Rhode Island Family Court that the restraining order has been dismissed.

Important Information

If your circumstances change, look into filing a motion to modify alimony, immediately. This only applies if the alimony is modifiable. If there is a property settlement agreement that is incorporated into the final judgment that states that alimony is non modifiable then the alimony is non modifiable. If there is no property settlement in your case and an award of alimony, then the alimony is probably modifiable upon a substantial change in circumstances. A substantial change of circumstances could be a loss of income, loss of a job or a disability etc.

A. Child Support

Child support does not automatically terminate when your child reaches eighteen (18) years of age. Child support will automatically accrue unless a Motion to Terminate Child Support is filed.

If you are the parent with physical placement of your child/children and your income significantly decreases or your ex-spouse's income significantly increases, then you should contact a lawyer to file a Motion to increase your child support payments.

If you are the parent without physical placement of your child and your income decreases significantly or your ex-spouse's income significantly increases, then you should contact a lawyer to file a Motion to lower your child support obligation. If you cannot pay your child support because of a change in circumstances you need to file a motion to modify child support immediately otherwise you can be subjected to a contempt proceeding for failure to pay child support.

David Slepkow is a Rhode Island lawyer concentrating in divorce, family law, child support, custody and visitation. David has been practicing for over 9 years and is licensed in rhode Island , Massachusetts and Federal Court. David is a partner at Slepkow Slepkow and Associates inc. The firm has been in existence for 75 years. You can contact David Slepkow by going to http://www.slepkowlaw.com and using the convenient contact form or calling him. There is also more helpful information concerning Rhode Island divorce and family law on the website.

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