Is there really any such thing as a friendly divorce? Actually, the good news is there can be. Arizona is a No-Fault Divorce state. That means, regardless of whether you live in a place like Tucson or any other city within Arizona, 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, the time may be right for you and your spouse to seriously look at a No-Fault Divorce (Uncontested). 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 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 includes placing the information you have gathered together on state documents, of which the two primary documents are entitled Petition for Dissolution of Marriage and Decree of the Dissolution of Marriage. After signing the documents, you must file them with your local Superior Court in the County of jurisdiction. Once filed, Arizona has a waiting period of 60 days before the divorce takes place. Once the waiting period is over, the divorce is final.

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 and we will help you find a divorce attorney who has the legal experience it takes to give good counsel, and the compassion to understand your situation.

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 Tacoma, Washington 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. Washington is one of the states who practices measuring the standard of living between the spouses during marriage.

• 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, but Washington is a “no-fault” state, 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, and the state of Washington is no exception. 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.

New Jersey is one of 39 states in the United States that do not permit jury trials for divorce cases, but you can go to trial before a Judge. 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.

Places like Middlesex, Somerset, Hunterdon, and so many cities in the state of  New Jersey, are located smack dab in the center of what many refer to as a more conservative area of our nation when it comes to the institution of marriage. In a divorce trial, not only can you experience the humiliation of exposing the reasons for a failed marriage to the public, a stigma can often be attached to the participants who may endure a lifetime of shame for their failure to live up to societal expectations.

Whether New Jersey 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 over eight million people living in New Jersey, over 80 percent consider themselves as associated with some type of religion, and over 85 percent of those church-ed consider themselves as Christian. With strong similar values, work ethics, and community minded service of New Jersey Christians, there should be no wonder the legal system in the state has been influenced by this group when it comes to the marriage institution. New Jerseans value hard work and commitment, traits shared by the tenets of the Christian faith, but in 2002, for every 1000 people, 3.4 marriages ended in divorce. The divorce rate did not seem to change regardless of religious or non-religious affiliations. The important thing to note about these statistics is to remember most all New Jerseans value hard work and commitment, two traits essential in making a marriage contract work. Therefore, since New Jerseans 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 first before acquiescing to divorce?

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 a lot of public fervor? 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 New Jersey- Fault (Contested) or No-Fault (Uncontested or Non-Contested). The No-Fault process can be as simple as filling out a Complaint For Divorce and Marital Settlement Agreement, legal documents easily obtained, and filing them with the proper Superior Court of jurisdiction to hear the cause.

New Jersey permits No-Fault divorce for the grounds of separation only, provided that the husband and wife have lived separate and apart in different habitations for a period of at least 18 or more consecutive months, and there is no reasonable prospect of reconciliation.  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. In the event you are divorcing because your spouse has put you at imminent harm, a No-Fault divorce is probably not practical, but if there are other reasons you seek a dissolution of marriage, doesn’t it stand to reason, 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 through a trial. When it does happen, you can present your case before a judge.

In addition to the No-Fault reasons for divorce, New Jersey permits Fault divorce on grounds of adultery, extreme cruelty, desertion, drug addiction, institutionalization, imprisonment, and deviant sexual conduct. One of these issues has to be stated in the Complaint for Divorce as the legal grounds the petitioner is wanting to end the marriage.

As listed, these stated legal grounds for divorce are value based, and in a state where the results of a divorce are public record, the participants are open to public scrutiny and sometimes ridicule. Therefore, in a contested trial, the legal outcome is of utmost importance, and you may want to consider consulting with a divorce attorney.

Regardless of the decision concerning divorce you may have to make, there are divorce lawyers in New Jersey who can help you when it comes to divorce law. So, if you are considering a divorce, please contact us 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.

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 places like Monmouth, Ocean, and other cities in New Jersey:

• 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 right now 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.)

Is there really any such thing as a friendly divorce? Actually, the good news is there can be. Tennessee is a No-Fault (Uncontested) Divorce state. That means, regardless of whether you live in a place like Knoxville 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, the time may be right for you and your spouse to seriously look at a No-Fault 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 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 includes placing the information you have gathered together on state documents, signing the documents, and filing with your local Court of Jurisdiction. Once filed, Tennessee has a waiting period after filing the papers is either 60 or 90 days before the divorce takes place, depending on whether or not there is children envolved. Once the waiting period is over, the divorce is final.

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 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.