DivorceAttorneyHome.com >> Divorce Blog >> May 18, 2012

A Friendly Divorce in Los Angeles California

Filed under: Divorce by admin @ 9:00 am

Is there really any such thing as a friendly divorce? Actually, the good news is there can be. California is considered a No-Fault (uncontested) Divorce state under certain circumstances. That means, regardless of whether you live in a place like Los Angeles or any other city within California, 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 without consulting with legal counsel.

Once the shock, hurt, and anger have subsided from the initial realization your marriage is over, 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 are irreconcilable, 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 may be candidates for 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 an uncontested and friendly divorce includes placing the information you have gathered together on state documents. The Petition for the Dissolution of Marriage is the primary document you need to file with with your local Superior Court of Jurisdiction, and it must contain the legal reason for the Petition. A friendly and uncontested dissolution of the marriage, which must be pleaded generally, may be petitioned for the reason of irreconcilable differences. Once you have satisfied the official legal documents for your case, and they can be numerous, you will receive a Final Judgment for the Dissolution of Marriage, another formal legal document. In California, the waiting time to remarry again is six months plus one day after service of the Petition for the Dissolution of Marriage.

A No-Fault or friendly divorce is not for everyone. Sometimes, two people can not get by their shock, hurt, or anger, and sometimes they just can’t 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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Child Custody Battle in Dallas Texas

Filed under: Divorce by admin @ 3:39 pm

A seven-year-old boy was at the center of a Dallas courtroom drama recently when he challenged a court ruling over who should have custody of him. The boy has a history of being beaten by his parents and the judge initially awarded custody to his aunt, in keeping with child custody law and regulations requiring that family unity be maintained to the degree possible. The boy surprised the court when he proclaimed that his aunt beat him more than his parents and he adamantly refused to live with her. When the judge then suggested that he live with his grandparents, the boy cried out that they also beat him. After considering the remainder of the immediate family and learning that domestic violence was apparently a way of life among them, the judge took the unprecedented step of allowing the boy to propose who should have custody of him. After two recesses to check legal references and confer with child welfare officials, the judge granted temporary custody to the Dallas Cowboys, whom the boy firmly believes and the judge agrees, are not capable of beating anyone.

All joking aside, whether you are in Dallas or some other city in the Texas, going to a Child 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 a divorce attorney for you.

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