North Carolina is one of eleven states in the United States that permit jury trials for divorce cases  under certain circumstances. 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. Charlotte, Gastonia, and Rock Hill, like so many cities in the state of  North Carolina, are located smack dab in the center of what many refer to as the “Bible Belt” of our nation. 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 North Carolina society is right or wrong in the judgmental way they 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?  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?

With approximately 10 million people living in North Carolina, a high percent consider themselves as church members of some type of religion, and well over 50 percent of those church-ed consider themselves as Christian. With strong similar values, work ethics, and community minded service of North Carolina Christians, there should be no wonder the legal system in North Carolina has been influenced by this group when it comes to the marriage institution. North Carolinians value hard work and commitment, two traits shared by the tenets of the Christian faith essential in making a marriage contract work. Therefore, since North Carolinians 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 ?

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 North Carolina- Contested or Uncontested. After a legal separation of one year, an Uncontested Divorce can be as simple a process as filling out a few documents including a Complaint For Divorce, filing the documents with the proper Court having jurisdiction to hear the cause, and getting a final judgment from the Court. 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 first?

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 jury only to settle the issue of marital separation. In North Carolina, dissolution of finances, assets, and custody of children are heard before a Judge only. In either case, it may be wise to be legally represented. North Carolina permits legal separation on grounds of adultery, abandonment of spouse or family, maliciously turning the other spouse out of doors, cruel or barbarous treatment endangering the life of the other, personal indignities rendering condition of other spouse intolerable and life burdensome, and excessive abuse of alcohol or drugs. Obviously, these issues are all value based, and one of the issues have to be stated in a Complaint 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 North Carolina, the court system is normally open to the public.

Regardless of the decision concerning divorce you may have to make, there are divorce lawyers in North Carolina 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 right now, 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.

Alimony, also sometimes referred to as spousal support or spousal maintenance, 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 Baltimore, Maryland are really pretty similar to what they were almost four thousand years ago. In a modern society, though, should a spouse be ordered to financially 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. 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 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.

When it comes to a divorce, child custody is one of the most difficult problems that  Toledo Ohio faces 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 incompatible, as a spouse, what does your mature responsibility then become to your children? In Toledo, if a friendly and formally signed agreement between the spouses concerning basic resources for the children has not been made, the Court of Common Pleas in Lucas County 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 Ohio, child support is usually based on the Income Shares Model for calculating child support. The monthly support amount determined by applying the guidelines is divided proportionally according to each parent¹s income. These two support amounts are then offset to establish which parent will pay the other parent for support of the child.

All income is typically verified by examining past W-2′s and child support worksheets are available at the courthouse. 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 amicably 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.

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 common for cities in California like Bakersfield, Riverside, Oakland, Fresno, Sacromento, San Jose, San Francisco and San Bernardino:

• 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.
• 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 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.)

When it comes to a divorce, child custody is one of the most difficult problems that Baton Rouge faces 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 Louisiana, if a friendly and formally signed agreement between the spouses concerning basic resources for the children has not been made, the Judicial District Court in the jurisdiction of the local Parish 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 Louisiana, child support is based on the Income Shares Model for calculating child support. The monthly support amount determined by applying the guidelines is divided proportionally according to each parent’s income. These two support amounts are then offset to establish which parent will pay the other parent for support of the child. All income is typically verified by examining past W-2′s and child support worksheets are normally available at the courthouse. 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, 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.

An old man goes to the Wizard to ask him if he can remove a curse he has been living with for the last 40 years. The Wizard says, “Maybe, but you will have to tell me the exact words that were used to put the curse on you.” The old man says without hesitation, “I now pronounce you man and wife.” Divorce is really no laughing matter, but when you are faced with the possibility, it may certainly seem like a curse. Divorce is a legal matter that is complicated by various laws and legal jargon. 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 battle with your spouse, this article is designed to provide the most common legal terms applying to your situation to help you make better informed legal decisions, to help you remove the curse, so to speak. Along with their definitions, this list of terms is not exhaustive, but common for New York City as well as other cities in New York:

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 (either before a judge or jury).

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 (NY does not have this type of 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 someone 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.)

When it comes to a divorce, child custody is one of the most difficult problems that Orange County, California faces 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 means you must have take on all responsibilities that go with attaining your 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 must be in sync, dedicated, determined, and focused on your goals if you expect to be successful in raising healthy children.

When a marriage becomes dissolved in California, as a spouse, what does your mature responsibility then become to your children? In Anaheim, Santa Ana, Orange, Huntington Beach, and Fullerton, if a friendly and formally signed agreement between the spouses concerning basic resources for the children has not been made, the Superior Court of Orange County will decide what is ultimately best for the children. If either or both of you are capable parents, one of you will 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 California, Child Support is based on the Income-Shares Model. Monetary Figures are normally arrived at by the courts after carefully and meticulously figuring out a fair amount the Non-Custodial Caretaker and 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 is an expert on legal matters concerning child custody cases and child support.

In a recent interview in 2008 with Roger Corbett, Woolworth’s former CEO and currently the Director of the Reserve Bank of Australia, when asked what is more important to him, money, family and friends, religion, or life principles, he responded, “I don’t think of ranking these things. They are all integral parts of what makes up life for you, and they are all important. They’re like legs to a table. You need all four.” I certainly think Mr. Corbett is absolutely right on target when it comes to marriage and raising a family. Without all four of these ingredients, our marriages seem to teeter and our families are often dysfunctional just like a table with only three legs. Why should we even consider these observations as being key ingredients to successfully being married and raising a family?

Money, especially in America, represents what we possess, power, and often influences who we are within our communities. In a sense, then, money can represent our self esteem and often does. Money provides the basic living necessities such as food, shelter, clothing, education, and good health care, and it also provides the luxuries of life. When we are without money or assets to barter, the well being of ourselves, marriage, and family can often suffer. Certainly it is no secret that divorce often places a hardship on the spouses to maintain their level of living prior to the divorce. In turn, not only do the spouses sometime suffer, their children suffer as well. Therefore, when money is used as a tool to provide the basic necessities of life and give our marriages and children every opportunity for success, then money is an important integral part of marriage and raising a family.

Family and friends are important ingredients to both marriage and children. We, as human beings, have a built in need for support groups in order to function as we should. When our families and friends interfere with our marriage and take sides, the results can be divisive at best and destructive at worse, but when we get along with our families and friends, the harmonious spirit can contribute to a well functioning and dynamic marriage as well as healthy and well balanced children. Therefore, supportive family and friends are integral parts of marriage and raising a family.

Religion is important to the success of a marriage with children if you define religion as that which provides a positive attitude or spirit of life. As human beings, our spirits, or attitude about life, is what motivates us to accept the trials and tribulations this life has to offer. Without a positive can do spirit, the problems we encounter in marriage and raising children can sometimes be overwhelming. Religion is the reinforcement which allows our spirit to continue on in overcoming the trials and tribulation this life offers. Therefore, a religion that promotes a positive spirit is certainly an integral part of marriage and raising children.

Finally, life principles are important to the success of a marriage with children. Hard work, determination, commitment, and common values are the kinds of life principles that are tantamount to raising children and living together as husband and wife. When these principles breakdown in our relationships, complications will abound, but when husband and wife are hard workers, determined to make their relationship work, committed to one another and the ideals of marriage and family, and supportive of each others values, life’s principles are an integral part of marriage and raising children.

Wherever you live, whether it is in places like Baltimore, Maryland, these four ingredients are the same every where. They are necessary and important ingredients for marriages and raising children. Maybe one or more of these ingredients to a successful marriage has broken down in your marital relationship, and you are considering a divorce which might also cause the break up of your family. Please contact us at www.divorceattorneyhome.com, and we will help you find a divorce attorney who specializes in family law practice in your area.