DivorceAttorneyHome.com >> Divorce Blog >> September 10, 2010

November 30, 2009

Consider the Cost of Child Custody in Boston Massachusetts

Filed under: Divorce by admin @ 8:00 am

When it comes to a divorce, child custody is one of the most difficult problems that couples in Boston, Massachusetts face today. Trying to decide what is best for the children involved is a responsibility many have lost countless nights of sleep over. The costs, financially, emotionally, and in time, consumes the parents, children, and the state governments trying to untangle the mess of a broken marriage.

So, why is it that some in the United States has so many problems with such a natural event as raising children? There are many reasons, but probably the overwhelming factor for contributing to problems with child custody is maturity. Merriam Webster defines maturity as attaining a final or desired state. When it comes to raising and taking care of children, a desired state should mean taking on all responsibilities that go along with attaining the goal of raising children to the legal age of adulthood. Being able to do so requires you recognize and devote yourselves to the resources at hand that will help you attain the goal. Some of the basic resources necessary to raise children include a source of income, a nurturing and positive environment, adequate shelter, preparation for the future, good healthcare, and an adequate diet. In a nutshell, raising children requires you to be responsible at working hard to provide the basic resources for your children. Both you and your spouse should be in sync, dedicated, determined, and focused on your goals if you expect to be successful in raising healthy children.

When a marriage becomes irretrievably broken, as a spouse, what does your mature responsibility then become to your children? In Boston, if a friendly and formally signed agreement between the spouses concerning basic resources for the children has not been made, the Trial Court, the Probate and Family Court Department of the Commonwealth of Massachusetts, may decide what is ultimately best for the children. If either or both of you are capable parents, one of you may be chosen as the primary physical care taker of the children, called the custodial caretaker. The one of you not chosen as the custodial caretaker will then be referred to as the non-custodial caretaker. Regardless of how you are now referred to by the courts, neither of you loses the responsibility of raising your children to a healthy adulthood. Because the primary custodial caretaker keeps the children most of the time, their resources, like income, will be depleted faster than the non-custodial caretaker’s. Therefore, it stands to reason, if you are the non-custodial caretaker, you may be ordered to contribute toward your child’s resources through what the courts call child support.

In Massachusetts, child support is based on a percentage of income formula which calculates the support obligation as a percentage of the income of the non-custodial parent who is obligated to support the child. This method simply applies a percentage to the income of the parent according to the number of children requiring support. These figures are normally arrived at by the courts after carefully and meticulously figuring out a fair amount the non-custodial caretaker can contribute to the resources of the children, and the amount of resource needs of the children. Ideally, the amounts chosen are not intended to break either side, but to maintain the level of resources that best supports the general welfare of the children involved.

Maybe you have found yourself in the predicament of divorcing with children, and you are not sure what is fair and what is not fair when it comes to your children. If you and your spouse cannot amiably agree on a legal solution, you may need legal counsel from a professional who is trained to help you in your situation. Do the mature thing and contact us right now at www.divorceattorneyhome.com, and we will put you in touch with a divorce lawyer in your area that can help you on legal matters concerning child custody and support.

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November 25, 2009

Alimony in Orlando Florida

Filed under: Divorce by admin @ 8:15 am

Mr. Smith,” the Judge proclaimed, “ I have looked over your case very thoroughly, and I have decided to give your wife $475 per month.” Mr. Smith responded, “that is very nice of you, Your Honor, and every once in a while, I will try to send her a little cash myself.” Alimony is really no laughing matter and is as serious as the laws in Florida presents it. Often referred to as spousal support or spousal maintenance, alimony is as old as the law. Law records found in the code of Hammurabi and dating back to 1780 B.C. states the man was obligated to return the dowry, grant his ex-wife custody of any children from the marriage, and give her an allowance to sustain her and the children until they were grown. If the couple did not have children, the man was obligated to return the dowry and pay his wife the equivalent of a bride price. If the wife had violated any number of traditions, the husband could be entitled to keep the dowry and children or even relegate his ex-wife to slavery. Except for the dowry, the bride price, and slavery parts, alimony laws in a place like Orlando are really pretty similar to what they were almost four thousand years ago. In a modern society, though, should a spouse be ordered to keep the other?

In a civilized society where respect for law generally rules, the laws of society govern the sacred institution of marriage as a binding legal contract between two consenting parties. There are extenuating factors that may have an effect on the answer to the question of whether or not a spouse should be ordered by law to keep the other spouse in the form of alimony payments after the contract of marriage has been judged to be over. Some of these extenuating factors are:

  • Length of the marriage
Generally alimony lasts for a term or period that will be longer if the marriage lasted longer. A marriage of over ten years in many states is often a candidate for permanent alimony.
  • Time separated while still married
In some states, separation is a triggering event, recognized as the end of the term of the marriage, but other states may not recognize legal separation.
  • Age of the parties at the time of the divorce
Generally, more youthful spouses are considered to be more able to ‘get on’ with their lives, and therefore thought to require shorter periods of support.
  • Relative income of the parties
In states that recognize a ‘right’ of the spouses to live “according to the means they have become accustomed,” alimony attempts to adjust the incomes of the spouses so that they are able to approximate, as best possible, their prior lifestyle. This tends to equalize strongly post-divorce income, heavily penalizing the higher-earning spouse.
  • Future financial prospects of the parties
A spouse who is going to realize significant income in the future is likely to have to pay higher alimony than one who is not.
  • Prenuptial agreement
    The content of a prenuptial agreement can vary widely, but commonly includes provisions for the division of property should the couple divorce and any rights to alimony during or after the dissolution of marriage.
  • Health of the parties
Poor health goes towards need, and potentially an inability to support for oneself. The courts do not want to leave one party indigent.
  • Fault in marital breakdown
In states where fault is recognized, fault can significantly affect alimony, increasing, reducing or even nullifying it. Many states are “no-fault” states, where one does not have to show fault to get divorced. No-fault divorce spares the spouses the acrimony of the ‘fault’ processes, and closes the eyes of the court to any and all improper spousal behavior.

Each state has its own set of laws reflecting the will of the society it represents. Whether or not a spouse should be ordered to keep or support the other is a legal argument, not a moral one, that will be determined within the jurisdiction of the state you and your spouse reside. Regardless, spousal support is no laughing matter in Orlando, Florida or any where else. If you are faced with the dilemma of having to decide what your legal rights are when it comes to having to keep or support your spouse, you can do something about it right now by contacting us at www.divorceattorneyhome.com, and we will put you in touch with a divorce attorney in your area who can help you on legal matters involving alimony or any questions you may have concerning divorce.

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November 24, 2009

On Trial for Divorce in Maine

Filed under: Divorce by admin @ 9:00 am

Maine is one of eleven states in the United States that permit jury trials for divorce cases. If you have gone to trial for a divorce, you are certainly in what divorce attorneys call a contested case. Contested cases can be very nasty ordeals for all concerned, including the divorce lawyers. In a divorce trial, not only do you experience the humiliation of exposing the reasons for a failed marriage to the public, a stigma is often attached to the participants who may endure a lifetime of shame for their failure to live up to societal expectations.

Whether Maine society is right or wrong in the judgmental way some approach divorce, or whether or not your humiliation is self illusion, before entering a contested marital divorce, you may want to ask yourself a couple of simple questions. First of all, is there any way for reconciliation between you and your spouse? With approximately a million and a half people living in Maine, over 83 percent consider themselves as belonging to some type of religion, and over 82 percent of the population consider themselves as Christian. With strong similar values, work ethics, and community minded service of Maine Christians, there should be no wonder the legal system in Maine has been influenced by this group when it comes to the marriage institution. Maine natives value hard work and commitment, traits shared by the tenets of the Christian faith, but in 2004, for every 1000 in population, there were approximately 4.3 divorces. The divorce rate did not seem to change regardless of religious or non-religious affiliations. The important thing to note about these statistics is the fact most all Mainers value hard work and commitment, two traits essential in making a marriage contract work. Therefore, since Mainers across the board share these essentials in marital values, doesn’t it stand to reason that if at all possible, you should try to reconcile before acquiescing to divorce first ?

Secondly, if your answer to the first question is honestly “no,” then you may want to ask yourself, is there any way you can get out of a bad marriage without risking public humiliation? Obviously, there are reasons some people should not stay married, the threat of imminent harm being chief amongst them. So, if you have come to the place where you have decided there is no other alternative to divorce, there are two ways you can get a divorce in Maine- Fault (Contested) or No-Fault (Uncontested or Non-Contested). The No-Fault process can be as simple as filling out an Complaint For Divorce and Marital Settlement Agreement, legal documents easily obtained, and filing them with the proper Court of jurisdiction to hear the cause. Maine permits No-Fault divorce only for irreconcilable marital differences. Providing you and your spouse can amiably agree on the terms of the divorce about your finances, assets, and children, the process is relatively simple and inexpensive. So, doesn’t it stand to reason that if you feel like you have to have a divorce, you should try and obtain a No-Fault divorce?

There are many reasons two people who have been married a while may not be able to amiably and maturely come to terms involving finances, assets, and children. In the event this happens, and it often does, there exists a real possibility for a contested divorce. When it does happen, you can present your case before a judge or a jury. In either case, it may be wise to be legally represented. In addition to the legal reasons permitted by law for a No-Fault divorce, Maine also permits Fault divorce these grounds: adultery; impotence; extreme cruelty; utter desertion continued for 3 consecutive years prior to the commencement of the action; gross and confirmed habits of intoxication from the use of liquor or drugs; nonsupport, when one spouse has sufficient ability to provide for the other spouse and grossly, wantonly or cruelly refuses or neglects to provide suitable maintenance for the complaining spouse; cruel and abusive treatment; and mental illness requiring confinement in a mental institution for at least 7 consecutive years prior to the commencement of the action. Obviously, these issues are all value based, and one of the issues have to be stated in a Petition For Divorce as the reason the petitioner is wanting to end the marriage. Thus, to many, the potential for humiliation and shame comes through public exposure, because in Maine, the court system is open to the public.

Regardless of the decision concerning divorce you may have to make, there are divorce lawyers in Maine who are experts when it comes to divorce law, and are excellent in their negotiating skills to help you reconcile. So, if you are considering a divorce, please contact us at www.divorceattorneyhome.com, and we will help you find the divorce attorney in your area that is more than willing to help you make the legal decisions that are right for you.

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November 23, 2009

Divorce in Detroit Michigan Can Have Serious Consequences

Filed under: Divorce by admin @ 1:23 pm

In the past twenty five years, a lot has been written about the pros and cons of divorce in United States society. Detroit, Michigan is no exception. Laws concerning divorce have dramatically changed during this time. Like most states across the country, Michigan now has “No-Fault” divorces. The process of getting divorced in some instances may be as easy as signing state legal documents by both parties. So, how serious is divorce anyway?

If you and your spouse haven’t lived as husband and wife for very long, you are without children, you have very little finances, and you have very few assets, divorce can be a viable alternative with minimal complications. Nevertheless, there still exists the potential for emotional and psychological turmoil that can have long term consequences to one or both of the party’s psychic. In our society, right or wrong, much of a woman’s success is measured by acquiring a mate capable of sustaining a marital relationship. In many cases, both the man and the woman’s self worth is tied to whether or not a marriage is successful. If this is so, then, why do we get divorced?

There are many factors for two married adults to come to the conclusion their marriage is irretrievably broken. Some of these contributing factors are:

  • Poor communication- the personalities and education of a married couple are often times different. The words you may use can often times be misunderstood by your spouse, and the conflict resulting from misunderstanding can cause ongoing stress.

  • Financial problems- we all have basic fundamental needs to survive like food, shelter, clothing, medical assistance, and transportation, and they all cost money. When you are deprived of these basic necessities, problems will arise that are very stress related.

  • A lack of commitment to the marriage- marriage is a contract between two people requiring hard work, commitment, social skills, and determination. When you lack any of these characteristics or fail to see marriage for what it really is, stress is sure to follow.

  • A dramatic change in priorities- having children, a loss of your job, a move from your home, a need for a fresh change can all contribute to changing your marital priorities and can bring unwanted stress.

  • Spiritual differences- when you and your spouse have religious differences, your outlook and attitude about marriage, children, sex, family, and work may be different. As a result these differences can create stress through the conflicts of misunderstandings.

  • Sexual differences- with the invention of the internet, sexual awareness seems to be at an all time high. When you or your spouse have different opinions about sex, your differences can cause stress in the bedroom, a place that should be for gratification and relief.

  • Infidelity- when you or your spouse are unhappy in your relationship, being unfaithful to the contract can create not only mistrust but monumental stress as well.

  • Abuse- both psychological and physical abuse from a dominating spouse within a marriage can contribute to long lasting stress related problems.

Stress, created by a variety of circumstances, seems to be the overwhelming culprit causing divorce. You might think solving the dilemma could occur by simply managing stress, either through medication or seeing a counselor. Nevertheless, many have undergone counseling and taken prescribed medications, but they still want a divorce. So, what has been the results of almost 50% of the marriages in the United States ending in divorce?

Thirty years of study found that the decline of the two-parent, married-couple family results in poverty, educational failure, unhappiness, anti-social behavior, isolation, emotional problems, and social exclusion for thousands of women and men. Especially affected, are the children of divorce.(”Experiments in Living: The Fatherless Family”, Rebecca O’Neill, September 2002, Institute for the Study of Civil Society.)

Research shows that 63 percent of youth suicides, 90 percent of all runaway children, 85 percent of all children that exhibit behavioral disorders, 80 percent of rapes motivated with displaced anger, 71 percent of all high school dropouts, and 85 percent of all youths in prison come from fatherless homes or men of fatherless homes. Other researchers found that the younger the child is at the time of the divorce the greater the impact. Note that, currently, nearly two of every five children in America do not live with their fathers (”Children of Divorce and Separation Statistics – Consequences of Father Absence”, April 11, 2001, published by Fathers for Life.)

So, how serious is divorce? Very serious, and on top of that, legally complicated. If you are considering divorce, please seek out professional legal help. Contact us right now at www.divorceattorneyhome.com, and we will locate a divorce lawyer in your area that can provide you with the legal answers you are seeking.

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November 20, 2009

Child Custody Battle in Ann Arbor Michigan

Filed under: child custody by admin @ 8:24 am

Whether you are in Ann Arbor or some other city in Michigan, going to Custody Court can be a very intimidating experience the first time when you don’t know what to expect. It does not have to be that way. Following these five simple suggestions can save you a lot of stress and worry in the long run:

  1. Be prepared to go to court. Courts are institutions that try to operate on factual information. Take copies of proof of income such as an IRS tax statement or a pay roll stub. Also, make sure you take a copy of any health insurance premiums you pay on you children.

  2. Appearance in any Court is very important, especially first time appearances. The Judge may not know you, and he or she has only your appearance to start sizing your parental abilities, so, appear to be worthy of what you will ask of the Court. Lean toward being clean and professional rather than flashy and uncouth. If you do not appear to take an interest in your own hygiene, the Judge may get the impression you won’t take interest in the hygiene of your children either.

  3. Be on time to your court appearance. Leave your home in plenty of time to reach the Court destination and remember to allow for the screening process at the front door. Your case will most likely not be the only case on the docket, so, being late will make everyone else late. Your being late will make a lasting impression on the Judge, but it will most likely not be a good one.

  4. Unless the Judge orders it, do not take your children to Court. Although the Court proceedings are about them, small children do not need to hear what goes on in the proceedings, it is not their business. If the experience can be intimidating for adults, think of how scary it might be for the children. The process is sometime long, and children demand time from you that you will not have during the Court proceedings. So, make arrangements for your children to be attended to in some other place than the Court proceedings.

  5. Go to Court with a positive attitude. In most all Custody Courts across the United States, the courts have a vested interest in helping you solve a most difficult situation. They want to do what is best for both parents and children. Going to Court with a negative disposition will leave a lasting impression of the wrong kind and will not help you get what you want. Your child and you both deserve to come out of the process with a bright future, so, be positive, courteous, and respectful. The Court will most likely respond in like kind.

Whether or not you are represented by counsel in your Court appearance, applying these five simple suggestions will go a long way into helping you relieve the stress and worry over your situation. Sometimes you can handle these problems on your own, but sometimes, it is best to have supportive counsel in the form of a divorce Lawyer who specializes in child custody cases. He or she will give you the legal knowledge required to provide the confidence you will need to have a positive attitude for your Court appearance. If you feel you need this kind of help, contact us at www.divorceattorneyhome.com , and we will help you locate the right professional for you.

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November 18, 2009

How Serious is Divorce in Alabama Anyway?

Filed under: Divorce by admin @ 8:00 am

In the past twenty five years, a lot has been written about the pros and cons of divorce in United States society. Alabama is no exception. Laws concerning divorce have dramatically changed during this time. Unlike years in the past, Alabama has No-Fault divorces today. The process of getting divorced in some instances is as easy as signing an agreement by both parties. So, how serious is divorce anyway?

If you and your spouse haven’t lived as husband and wife for very long, you are without children, you have very little finances, and you have very few assets, divorce can be a viable alternative with minimal complications. Nevertheless, there still exists the potential for emotional and psychological turmoil that can have long term consequences to one or both of the party’s psychic. In our society, right or wrong, much of a woman’s success is measured by acquiring a mate capable of sustaining a marital relationship. In many cases, both the man and the woman’s self worth is tied to whether or not a marriage is successful. If this is so, then, why do we get divorced?

There are many factors for two married adults to come to the conclusion their marriage is irretrievably broken. Some of these contributing factors are:

  • Poor communication- the personalities and education of a married couple are often times different. The words you may use can often times be misunderstood by your spouse, and the conflict resulting from misunderstanding can cause ongoing stress.

  • Financial problems- we all have basic fundamental needs to survive like food, shelter, clothing, medical assistance, and transportation, and they all cost money. When you are deprived of these basic necessities, problems will arise that are very stress related.

  • A lack of commitment to the marriage- marriage is a contract between two people requiring hard work, commitment, social skills, and determination. When you lack any of these characteristics or fail to see marriage for what it really is, stress is sure to follow.

  • A dramatic change in priorities- having children, a loss of your job, a move from your home, a need for a fresh change can all contribute to changing your marital priorities and can bring unwanted stress.

  • Spiritual differences- when you and your spouse have religious differences, your outlook and attitude about marriage, children, sex, family, and work may be different. As a result these differences can create stress through the conflicts of misunderstandings.

  • Sexual differences- with the invention of the internet, sexual awareness seems to be at an all time high. When you or your spouse have different opinions about sex, your differences can cause stress in the bedroom, a place that should be for gratification and relief.

  • Infidelity- when you or your spouse are unhappy in your relationship, being unfaithful to the contract can create not only mistrust but monumental stress as well.

  • Abuse- both psychological and physical abuse from a dominating spouse within a marriage can contribute to long lasting stress related problems.

Stress, created by a variety of circumstances, seems to be the overwhelming culprit causing divorce. You might think solving the dilemma could occur by simply managing stress, either through medication or seeing a counselor. Nevertheless, many have undergone counseling and taken prescribed medications, but they still want a divorce. So, what has been the results of almost 50% of the marriages in the United States ending in divorce?

Thirty years of study found that the decline of the two-parent, married-couple family results in poverty, educational failure, unhappiness, anti-social behavior, isolation, emotional problems, and social exclusion for thousands of women and men. Especially affected, are the children of divorce. (”Experiments in Living: The Fatherless Family”, Rebecca O’Neill, September 2002, Institute for the Study of Civil Society.)

Research shows that 63 percent of youth suicides, 90 percent of all runaway children, 85 percent of all children that exhibit behavioral disorders, 80 percent of rapes motivated with displaced anger, 71 percent of all high school dropouts, and 85 percent of all youths in prison come from fatherless homes or men of fatherless homes. Other researchers found that the younger the child is at the time of the divorce the greater the impact. Note that, currently, nearly two of every five children in America do not live with their fathers (”Children of Divorce and Separation Statistics – Consequences of Father Absence”, April 11, 2001, published by Fathers for Life.)

So, how serious is divorce? Very serious, and on top of that, legally complicated. If you are considering divorce, please seek out professional legal help. Contact us right now at www.divorceattorneyhome.com, and we will locate a divorce lawyer in your area that can provide you with the legal answers you are seeking.

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November 17, 2009

O’Neal Loosing Battle To Save His Marriage

Filed under: Divorce by admin @ 2:34 pm
National Basketball Association star Shaquille...
Image via Wikipedia

Shaquille O’Neal, according to news reports, is going to lose his fight to save his marriage. Shaunie, his wife, filed for a legal separation on November 10, 2009, only two years after O’Neal first started divorce proceedings.

O’Neal legally separated from Shaunie in September of 2007 citing the marriage was “irretrievably broken” because he claimed she was secretive about her assets, but the couple reunited in August 2008 vowing to work through their problems.

According to papers filed in the Los Angeles County Superior Court this past Monday, it was Shaunie who has filed the second time citing “irreconcilable differences” as the grounds for divorce. According to news reports, Shaunie has moved herself with her four small children out of their shared home in Florida and relocated to California, and in divorcing, she is seeking spousal maintenance, child support, and legal custody of their children. The two have been married for almost seven years.

This newsworthy event illustrates the fact divorce happens even to the famous and often provides them with the wrong kind of infamy. I am sure that Shaquille O’Neal would much rather be remembered for his great basketball play in the NBA than the man who gets the blame for dumping his wife and four small children. After all, his own biological father left him when he was just a child. We can only imagine what events led to the break down of the marriage, but more than likely, they were not too different than what happens to the rest of us who are not so famous.

Almost fifty percent of the marriages in the United States end in divorce. Whether you call it an irretrievable break down or irreconcilable differences, divorce is an equal opportunity event, it happens to people regardless of their status in life or where they live, and usually always results in the same set of problems. These problems, just like the O’Neals, includes the fair division of community property, assets, spousal maintenance, child custody, and child support. All of these real problems are created when a divorce is immanent, and the courts are left resolving the legalities of the issues.

Contact us right now at www.divorceattorneyhome.com, and we will help you find a divorce attorney in your area who will help answer any of the legal questions you may have concerning divorce, spousal support, or child custody.

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November 16, 2009

A Friendly Divorce in Chicago Illinois

Filed under: Divorce by admin @ 9:14 am

Is there really any such thing as a friendly divorce? Actually, the good news is there can be. Illinois is a No-Fault or Uncontested Divorce state. That means, regardless of whether you live in a place like Chicago or any other city within the State, you can readily and quickly obtain a divorce without a lot of legal complications, that is, if you and your spouse can agree to terms in a friendly manner. It is important to note that a history of domestic violence in a relationship may very well hinder any attempt at a friendly divorce and may even exacerbate the problem, so, if the history exists, it is not recommended by this author you try a No-Fault Divorce without legal counsel.

Once the shock, hurt, and anger have subsided from the initial realization your marriage is over, and after a period of six months legal separation, the time may be right for you and your spouse to seriously look at an Uncontested Divorce. If both parties are mature and reasonable, there is no reason for anything unfriendly to occur, but what both will have to do to accomplish a goal of a friendly divorce is first to forget the reason you are getting a divorce. In this case, the reason for getting the divorce is what one or both of you might think is what caused the divorce. If the differences cannot be overcome, the reasons only become stumbling blocks to a friendly solution. Therefore, it is impervious that both parties are willing to move on with their lives looking forward to a new life, and they need to stay away from unproductive accusations about why the marriage failed and whose fault it was. If you can both get by this fact, you stand a reasonable chance of successfully obtaining a friendly divorce.

When both of you resolve to avoid accusations, then, it is time to meet in order to discuss the details of the marriage dissolution. There are basically three subjects you will need to discuss in detail in order to dissolve the marriage in a friendly manner, so, staying on subject is very important. The three subjects you need to discuss include your community finances, assets and children. Since each of these are complicated subjects within their own rights, it would probably be wise to resolve the issues associated with each subject one at at time. If you can come to a friendly agreement on these three subjects, the rest of a No-Fault and friendly divorce can be as easy as placing the information you have gathered together on state documents entitled Petition of Dissolution of Marriage and Marital Settlement Agreement, signing the documents, and filing them with your local Court of Jurisdiction. Depending on the Court of jurisdiction, other documents might have to be filled out and signed by both parties. Once the Court has had time to review the documents, a Decree For Divorce can be granted, and the divorce is final.

A No-Fault or friendly divorce is not for everyone. Sometimes, two people cannot get by their shock, hurt, or anger, or agree on the dissolution of their finances, assets, or the custody of their children. When this happens, it may be time for you to consider getting a professional counselor to help untangle the legal complications you may face. Contact us at www.divorceattorneyhome.com, and we will help you find a divorce attorney who has the legal expertise, the experience it takes to give good counsel, and the compassion to understand your situation.

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November 14, 2009

Legal Jargon for Divorce and Child Custody in Tampa Florida

Filed under: Divorce by admin @ 9:04 am

There are so many different levels of law across our land, is it any wonder the laws vary so much from city to city, county to county, and state to state? If you are facing a divorce and/or a child custody battle for your children, this article is designed to provide the most common legal terms applying to your situation to help you make better informed legal decisions. Along with their definitions, this list of terms is not exhaustive, but most are common for the Tampa, St. Petersburg, and Clearwater areas of Florida:

  • Affidavit- sworn statement in writing, usually made under oath or on affirmation before a magistrate or officer.

  • Alimony- also called maintenance or support, the financial support ordered by the Court for the support or living maintenance of a spouse.

  • Contested Divorce- any issue on which the petitioner and respondent cannot agree, which must then be decided by the Court holding jurisdiciton.

  • Custodial Parent- the parent who has physical custody of the child.

  • Default judgment- all parties have been served but one or both do not appear at the court hearing, so the Court can render a default decision.

  • Discovery- pretrial disclosure of pertinent facts and documents, including financial figures, by one or both parties.

  • Docket- the court’s calendar schedule.

  • Hearing- a court session in which testimony or arguments are offered by attorneys or involved parties for the purpose of resolving a legal dispute.

  • Fault Divorce- used in Contested Divorce cases where a legal ground for divorce must be declared.

  • Grounds- the legal basis for action or complaint for divorce.

  • Joint Legal Custody- situation in which both parents continue to make joint decisions for their child’s education, medical care, religious training, and other day to day matters.

  • Joint Physical Custody- situation wherein the child spends time sleeping in both parents’ homes.

  • No-Fault Divorce- a divorce in which neither party has been accused of or found guilty of any misconduct, and commonly called an Uncontested or Non-Contested Divorce.

  • Non-Custodial Parent- the parent with whom the child is not physically living.

  • Pass for service- when one or both parents have not been served, a postponement of the hearing is usually requested.

  • Petitioner- the spouse who files for divorce.

  • Respondent- the spouse whom the Petitioner is seeking to divorce.

  • Service- the act of serving the respondent with legal papers, such as the Notice of Petition for Dissolution.

  • Summons- written notice to appear in court either as a defendant or a witness.

  • Visitation- the legal right of a Non-Custodial parent to see his or her child.

If these terms are confusing and seem too complicated, then it is highly likely you will need a professional who can help you with any legal jargon and the inner workings of your local court systems. Contact us right now at www.divorceattorneyhome.com, and we will help you find a divorce lawyer in your area who can give you the legal help for not only divorce but for child custody too.

(Note: Please feel free to print out this page in order to have the terms readily available when you need them. Understanding these common terms will help you even when you visit for the first time with your lawyer.)

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November 13, 2009

Going to Custody Court in Massachusetts

Filed under: child custody by admin @ 8:52 am

Whether you are in Boston or some other city in Massachusetts, going to Custody Court can be a very intimidating experience the first time when you don’t know what to expect. It does not have to be that way. Following these five simple suggestions can save you a lot of stress and worry in the long run:

  1. Be prepared to go to court. Courts are institutions that try to operate on factual information. Take copies of proof of income such as an IRS tax statement or a pay roll stub. Also, make sure you take a copy of any health insurance premiums you pay on you children.
  2. Appearance in any Court is very important, especially first time appearances. The Judge may not know you, and he or she has only your appearance to start sizing your parental abilities, so, appear to be worthy of what you will ask of the Court. Lean toward being clean and professional rather than flashy and uncouth. If you do not appear to take an interest in your own hygiene, the Judge may get the impression you won’t take interest in the hygiene of your children either.
  3. Be on time to your court appearance. Leave your home in plenty of time to reach the Court destination and remember to allow for the screening process at the front door. Your case will most likely not be the only case on the docket, so, being late will make everyone else late. Your being late will make a lasting impression on the Judge, but it will most likely not be a good one.
  4. Unless the Judge orders it, do not take your children to Court. Although the Court proceedings are about them, small children do not need to hear what goes on in the proceedings, it is not their business. If the experience can be intimidating for adults, think of how scary it might be for the children. The process is sometime long, and children demand time from you that you will not have during the Court proceedings. So, make arrangements for your children to be attended to in some other place than the Court proceedings.
  5. Go to Court with a positive attitude. In most all Custody Courts across the United States, the courts have a vested interest in helping you solve a most difficult situation. They want to do what is best for both parents and children. Going to Court with a negative disposition will leave a lasting impression of the wrong kind and will not help you get what you want. Your child and you both deserve to come out of the process with a bright future, so, be positive, courteous, and respectful. The Court will most likely respond in like kind.

Whether or not you are represented by counsel in your Court appearance, applying these five simple suggestions will go a long way into helping you relieve the stress and worry over your situation. Sometimes you can handle these problems on your own, but sometimes, it is best to have supportive counsel in the form of a divorce Lawyer who specializes in child custody cases. He or she will give you the legal knowledge required to provide the confidence you will need to have a positive attitude for your Court appearance. If you feel you need this kind of help, contact us at www.divorceattorneyhome.com , and we will help you locate the right professional for you.

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