Are you considering filing for divorce in Illinois? If you are, you are not alone. Current divorce statistics suggest over 50% of today’s marriages will end in divorce. Regardless of whether or not the idea of divorce fills you with a sense of a relief or dread, it is important to understand the long-term ramifications a divorce can have on you and your family.

Divorce laws in Illinois vary from other states, and they can be complicated. Whether you have divorce questions about child custody, child support payments, alimony or property distribution, it is important to contact an Illinois divorce lawyer for divorce help.

Hiring an Illinois Divorce Lawyer

Divorce lawyers in Illinois help thousands of Illinois state residents each year. Illinois divorce lawyers understand that Illinois divorce is complicated and stressful. If you have children or property, it is imperative that you contact a divorce attorney in Illinois today. Do not wait until you are in court to realize you did not fully prepare for your Illinois divorce. Illinois divorce lawyers will review the facts of your divorce and make sure you make good divorce choices.

Children and Divorce in Illinois

Courts in Illinois will develop child custody arrangements which they believe are in the best interest of the child. The courts hope parents can agree on a parenting plan and submit their own plan for the court to review, but if they can not, the Illinois court will make the decision for them. Social workers may be asked to conduct a home study or both the parents and child may need to meet with a psychologist to provide information which may assist the court. Prior to determining a child custody arrangement the court will review the following factors:

• The parent’s child custody preference
• The child’s custody preference
• The relationship the child has with the siblings, parents and other household residents
• The ability of the child to adjust to school, community and home
• The health of the parents
• The health of the child
• The ability of each parent to encourage a loving relationship with the other parent
• Any factors which may endanger the child including a history of domestic or sexual violence by either parent

Illinois Child Support

Child support laws are outlined in Illinois statutes. Child support payments are calculated based on a certain percentage of the spouse’s net income and the number of children. Under certain conditions the court may deviate from the outlined Illinois child support guidelines, but there must be a written explanation for all deviations. Illinois courts will evaluate a variety of factors before determining the child support payment amount including:

• The financial resources of the child
• The financial resources of the custodial parent
• The standard of living in which the child is accustomed and which would have continued if the marriage had not ended
• The emotional and physical needs of the child
• The child’s educational needs
• The financial resources of the non-custodial parent

Illinois’ Department of Health and Family Services helps parents gather child support payments from the non-custodial parents. They can also help with other services including enforcing payment and establishing paternity. If you are the custodial parent and have been left with the responsibility of caring for a child without adequate financial support from the non-custodial parent, contact the Illinois’ Department of Health and Family Services or a Illinois family lawyer for more information about enforcing child support payments.

Parents who refuse to pay their child support payments may have their income tax refunds intercepted, assets seized, passport denied or license suspended. Actions will not be taken without first notifying the non-custodial parent, but it is important to realize that in the state of Illinois a parent is responsible for caring for their children.

Illinois Divorce Laws

Dissolution of marriage in the state of Illinois is the legal act for ending the marriage through an Illinois court action. All states have specific grounds for dissolution of marriage. Regardless of the grounds for a divorce, you must be able to substantiate your claim in divorce court.

Divorce grounds in Illinois include no-fault and fault. Illinois spouses may file divorce on no-fault grounds for the following reasons:

• The spouses have lived apart and separate for at least 2 continuous years, and there are irreconcilable differences which have caused their marriage to be “irretrievably broken”. If both spouses agree to waive the 2 year requirement, it can be waived through written stipulation in court.

Illinois couples may also divorce on the grounds of “fault” which includes:

• Impotence
• Habitual drunkenness for at least 2 years
• Drug addiction for at least 2 years
• A spouse was already previously married and the husband or wife is currently living.
• Adultery
• Willful desertion
• Repeated and extreme mental cruelty
• Repeated and extreme physical cruelty
• Infliction of a sexually transmitted disease

Legal Separation in Illinois

Legal separation, although available in Illinois, is not frequently done. Filing for legal separation requires legal papers to be completed and filed in court. Legal separations allows each party to appear in court before a judge and have orders issued which will outlined alimony and child support payments and distribute property. The main difference between a legal separation in Illinois and a divorce is that the couple is still married. Legal separations may be converted to an Illinois divorce at any time.

Illinois Divorce Residency Requirements

All states have a residency requirement for filing for divorce. In the state of Illinois a court may enter a judgment for dissolution of marriage if one spouse was a resident of the state for at least 90 days prior to filing for divorce. The divorce should be filed in the county where either the petitioner or the defendant lives. More detailed residency information can be found in Illinois Compiled Statutes 750, Chapter 5 – Sections: 104 and 401.

Illinois divorce residency requirements can be complicated. Contact an Illinois divorce lawyer if you have questions.

Alimony in Illinois

Illinois courts may award alimony payments to either party, but neither party is entitled to Illinois alimony. Alimony may be awarded either permanently or temporarily. The court will not consider marital misconduct when calculating alimony. Factors which will be considered include:

• The financial needs of each spouse
• The income of each spouse
• Marital property which has been distributed to each spouse
• The current and future earning capacity of each spouse
• The amount of time either spouse devoted to domestic duties or sacrificed their present or future earning ability by delaying education, training, employment or other career opportunities
• The amount of time the requesting spouse will need to get adequate training and education to acquire employment
• Whether or not the requesting spouse is the custodian of a child and these duties make it inappropriate or difficult to seek employment
• The standard of living each spouse was accustomed to while married
• The mental and physical condition of each spouse
• The length of the marriage
• The tax consequences of property distribution
• Any valid agreement of the parities
• Any contributions which were made by one party to the other for education, career development or training
• All other relevant factors

Annulment in Illinois

An Annulment or a Declaration of Invalidity of Marriage is allowed under Illinois law. Under annulment laws once the court has given you and your spouse an annulment it is like your marriage never existed. Annulments can be requested for a few reasons and must be done within a specified time period. Illinois marriages may be claimed invalid for the following reasons:

• The marriage was made with coercion or under duress. This must be done within 90 days of learning of the condition.
• Mental incapacity of one of the individuals. This must be done within 90 days of learning of the condition.
• The marriage was made under “fraudulent grounds” which refers to “the essentials of marriage”. This must be done within 90 days of learning of the condition.
• One of the parties is physically incapable of consummating the marriage. An annulment under these grounds can be made up to 1 year.
• One of the parties was under-aged and did not have the consent of their parents. An annulment under these grounds can be made before the minor turns 18 years old.
• The marriage is made between close blood relatives.

Need a Texas divorce? Texas divorce laws can be complicated. Whether you need information about Texas child custody or Texas child support or if you are wondering if you will receive spousal support or alimony, you may need to talk to a Texas divorce lawyer. Divorce can be scary, and it may be one of the toughest decisions you ever have to make. The Texas divorce process is not easy to navigate, and unless you understand Texas divorce laws, you may need to contact a Texas divorce lawyer. If you have children or if there is property which must be distributed, let a Texas divorce lawyer do the work for you.

Hiring a Texas Divorce Lawyer

How do you know if you are making good divorce decisions for your family? Talk to a Texas divorce attorney.  Whatever your Texas divorce questions, a good Texas divorce attorney can answer your questions and help you file for divorce. Filing for divorce in Texas is never an easy decision and should only be done after you have the right divorce information.

Children and Divorce in Texas

Texas child custody decisions are probably the toughest decisions in most Texas divorce cases. Parents may be able to file their own parenting plan with the Texas court if they can agree about who will have legal custody of their child. Texas child custody laws use the term managing conservator to describe who has legal custody of the child. Parenting plans may outline a sole managing conservator or a joint managing conservator.

If the parents are unable to complete their own child custody plan, the court may determine custody for the child by deciding what plan is in the “best interest” of the child. Courts prefer to make the parents joint managing conservators, but this is only done after reviewing the following factors:

• Are both parents able to provide the psychological, emotional and physical needs of the child?
• Are the parents able to make the welfare of the child their first priority and make decisions which are in the best interest of the child?
• Can each parent accept and encourage a positive relationship between the child and the other parent?
• Did both parents participate in the child rearing of the child prior to the divorce?
• What is the geographical proximity of the parent’s residences?
• What is the child’s preference (if they are 12 years or older)?
• Any other relevant Texas child custody factors the court determines should be considered in their child custody decision.

Texas child custody decisions can be difficult, and while most parents want what is best for their child, they may not always agree on child custody arrangements. Contact a Texas divorce lawyer for more information about Texas child custody laws. More detailed information about child custody in Texas can be found in the Texas Family Code, Section 153.004, 153.005, 153.131, and 153.154.

Texas Child Support

Texas has established child support guidelines which are calculated based on the percentage of the net income of the noncustodial parent. Texas courts assume the child support calculated amount is reasonable but might, under certain conditions, deviate from the calculated amount. The court may consider the following factors in determining Texas child support payments:

• What is the age and needs of the child?
• What is the ability of the parents to contribute to the support of the child?
• What are the financial resources available to support the child?
• How much time does each parent have with the child?
• How much access does each parent have to the child?
• What is the amount of the net resources of the paying parent?
• Is the paying parent intentionally unemployed or underemployed?
• What are the child care expenses of both parents in order to maintain gainful employment?
• Does either parent have physical custody of another child?
• How much alimony or spousal support is each parent receiving?
• What are the educational expenses of the child?
• Does either parent have certain expenses such as automobiles or housing provided by another person or their employer?
• What are the provisions for healthcare and other uninsured medical costs?
• Does either party have extraordinary expenses for healthcare or educational costs for the child?
• Are their extraordinary costs to travel and take possession or to have access to the child?
• Does either parent have negative or positive cash flow from personal property, assets, business or investments?
• What debts are currently serviced by each parent?
• Any other factors the court considers relevant to their child custody decision.

More information about Texas child support laws can be found in the Texas Family Code, Section 154.122, 154.123, and 154.124.

Child support payments in the state of Texas are calculated to ensure that children of divorced parents do not have to live in poverty. The hope for all Texas children is that they will be given the same financial opportunities as other children whose families did not divorce. Most parents want to provide financially for their children, but if you are the custodial parent and you are not receiving child support, there is help available.

The Office of the Attorney General’s Child Support Division provides Texas parents with a full range of child support services at no cost for the parents. The services are funded by the state of Texas and the federal government. The Child support division provides the following services:

1.     Establishing paternity of a child

2.     Locating absentee parents

3.     Enforcing Texas child support orders

4.     Enforcing Texas medical support orders

5.     Reviewing and modifying Texas child support payments

6.     Collecting and distributing Texas child support payments

Texas Divorce Laws

Texas couples may file for divorce on fault and no-fault grounds. The Petition for Dissolution for marriage will be granted by the Texas court if the couple files using the proper grounds and has sufficient proof to support their claim.

Texas grounds for divorce may include the following:

• No-Fault grounds –

1.     Insupportability – this grounds for divorce states the couple’s marriage is broken and there is no chance of reconciliation. This is the most common grounds for divorce in the state of Texas.

• Fault grounds –

1.     Cruelty – This can include mental or physical cruelty.

2.     Adultery – One spouse has had sexual relations with another person who is not their wife.

3.     Conviction of a Felony – Conviction of a felony may be used for grounds for a Texas divorce if either spouse has been convicted of a felony, has been in the federal or state jail for longer than a year and has not been pardoned.

4.     Abandonment – If a spouse has left and has been gone for at least one year without an intention of returning, this is grounds divorce.

5.     Living apart without cohabitation for more than three years.

6.     Confinement in a Mental Hospital – If a spouse has been confined to a mental hospital for more than 3 years and it is believed they will never recover from their mental illness, this is grounds for a Texas divorce.

If you have questions about filing for a Texas divorce, contact a Texas divorce lawyer. More information can also be found in the Texas Code, Family Code, Chapter: 6.001-6.007).

Texas Annulment

Texas annulments are the legal process for a Texas court to declare a marriage legally invalid. Annulments vary from a Texas divorce which simply terminates the marriage contract. Texas marriages may be annulled for the following reasons:

• Underage – If one spouse was under the legal age to marry, the marriage may be annulled.
• Under the influence of narcotics or alcohol – If one spouse was incapacitated by alcohol or narcotics and not able to consent to the marriage, the marriage may be annulled.
• If one party concealed a divorce within the past 30 days, the marriage may be annulled.
• If the Texas marriage occurred less than 72 hours after the license was issued, the marriage may be annulled.
• Mental incapacity
• Consanguinity – If the spouses are blood relatives, the marriage may be annulled.
• Fraud
• Duress or force

If you are your spouse would like to seek a Texas annulment an annulment petition must be filed with the District court. Annulments can be difficult to get, and it may be easier to file for a Texas divorce.

Texas Divorce Residency Requirements

Couples who wish to file for a Texas divorce must meet the divorce residency requirements of the state. Failure to meet Texas divorce residency requirements may allow the court to dismiss your Texas divorce case. Most couples do not have to worry about Texas divorce residency requirements unless they have recently moved or are planning to move. Texas divorce residency requirements are as follows:

• Either spouse to the Texas marriage must have been a resident of the state of Texas for six months and a resident of the county in which the divorce petition is filed for 90 days preceding the petition filing.
• Paperwork must be filed with the District Court of Texas in the county in which either spouse resides.

If you are not sure you meet the divorce residency requirements, you may contact a Texas Divorce attorney for more information.

Alimony in Texas

Texas alimony is called spousal support. It can provide a spouse, who lacks sufficient financial resources, the ability to pay for their reasonable financial needs. Texas spousal support is not guaranteed, and unlike child support payments, it is not calculated based on Texas guidelines.

Spousal support is most often awarded if the receiving spouse can prove they are unable to work due to a physical or mental disability. Texas spousal support may also be awarded if the requesting spouse is caring for a child and is prevented from working outside of the home. Other factors the court may consider to determine the amount and duration of support include:

• The financial resources of the requesting spouse
• The education and skills of the requesting spouse and the amount of time it would take for them to acquire adequate training and education to find suitable employment
• The duration of the marriage
• The age of each spouse
• The employment history and the earning capacity of each spouse
• The mental and physical well-being of each spouse
• The efforts of the requesting spouse to find suitable employment

Texas spousal support is granted for 3 years from the date of the divorce. It is presumed that this amount of time should give spouses time to find suitable employment and become self-sufficient. Spousal support may be allowed for longer if the requesting spouse is disabled. Spouses may also agree to a different time limit.

Under Texas laws the spousal maintenance may not exceed $2,500.00 per month or 20% of the ex-spouse’s average monthly gross income however, couples may agree to a larger sum.

Legal Separation in Texas

Legal separation is recognized in every state except Delaware, Virginia, Florida, Georgia, Mississippi, Pennsylvania and Texas.  Although legal separations are not recognized in Texas, protection can be obtained if you and your spouse decide to separate and live apart by filing a separation agreement or property petition.

A separation agreement is a legal document which outlines details of the separation including spousal support, property division and child custody issues. Talk to a Texas divorce lawyer for information about formalizing the agreement, which may require filing the application in court so a Texas court judge can sign the agreement. Failing to get the settlement agreement signed may make the agreement unenforceable if your spouse does not agree to follow what has been outlined in the agreement.

Florida divorce laws can vary from other states and choices you make now about your Florida divorce can have lasting consequences for you and your family. If you are considering filing a Florida divorce and have divorce questions, contact a Florida divorce lawyer for more information.

Florida divorce lawyers understand all the complicated issues surrounding a Florida divorce including child custody, child support, alimony and Florida residency laws. Do not leave your Florida divorce to chance. Find a professional divorce attorney in Florida who can answer all of your divorce questions.

Hiring a Florida divorce lawyer

Do you need a Florida divorce attorney? Divorce attorneys understand the complexities of Florida divorce laws. Are you eligible to receive alimony or spousal support payments? Who will have legal custody of the children? Will you have to pay child support and if so, how much? Contact a Florida divorce lawyer to review your Florida divorce case.

Children and Divorce

Florida child custody laws favor joint legal custody. Florida statutes for child custody suggests, “It is the public policy of this state to assure that each minor child has frequent and continuing contact with both parents after the parents separate or divorce, and to encourage parents to share the rights and responsibilities and joys of childrearing. After considering all relevant facts, the father of the child shall be given the same consideration as the mother in determining the primary residence of a child, irrespective of the age or sex of the child.”

Florida courts arranging child custody will consider all other relevant factors including:

• Which parent is most likely to have continued and frequent contact with the non-custodial parent
• The ties that exist between each parent and the child
• The ability of each parent to provide the necessities of life including food, shelter and clothing
• The desire of maintaining continuity in the child’s life and how long the child has lived in a safe, stable and satisfactory environment
• The permanence of the proposed custodial home
• The moral fitness of each parent
• The child’s home, school and community record
• The child’s preference of home (if the child is deemed mature enough) to express their preference
• The willingness of each parent to encourage and facilitate a continued close relationship with the other parent
• Whether or not either party has knowingly supplied false information about domestic violence
• Whether or not there is evidence of domestic violence or child abuse
• All other facts the court deems relevant

Florida Child Support

In the state of Florida, the Florida Department of Revenue will enforce child support orders and help obtain Florida child support payments. These services can include finding a missing parent or determining paternity of a child. Florida child support payments may be taken from income tax refunds, unemployment benefits, workers’ compensation benefits and lottery awards. Failure to pay Florida child support can result in severe fines and penalties including: liens against property, arrests and a suspension of a Florida driver’s license.

What is the bottom line? In Florida, if you have a child, regardless if you are married or have filed for a Florida divorce, you are responsible for caring for your child until they are 18 years old. Florida takes child support very seriously, and it is important to discuss your Florida child support arrangements with a professional Florida divorce lawyer.

Florida’s child support statute (Florida Statute 61.30) determines who and how much child support is paid. The court will consider several factors when allocating Florida child support payments such as: the income of each parent, child care needs, healthcare costs, the age of the child and the amount of each parent’s income.

Statutory guidelines exist for calculating Florida child support payments. The final calculated amount may vary from the guidelines if there are additional factors the Florida court considers such as whether or not the child had additional sources of income or high medical or educational costs. Florida courts generally provide a written explanation if they propose a child support payment amount which varies from the statutory child custody payment amount.

Florida Divorce Laws

Dissolution of marriage is the termination of the marriage through court action and can vary by state. Florida’s divorce laws are created to protect Florida families and promote the amicable separation of families by reducing the harm done. Florida allows for dissolution of marriage based on the following grounds:

• The marriage is irretrievably broken. This means the court determines there are disputes, disagreements and differences which the spouses can no longer settle. The court must decide these differences are so severe that the marriage is completely broken. Florida courts may determine a couple needs additional counseling and may choose to revisit the case in 3 months.

• One spouse is considered mentally incompetent. Mentally incompetent is seldom used as grounds for divorce. It must be upheld by a judge, and the incompetency must have lasted for at least 3 years.

Legal Separation in Florida

Florida statutes do not outline information related to a Florida “legal separation”, but there are provisions for allowing a spouse who is living apart from their husband or wife and minor child to obtain an adjudication of obligation to continue supporting the spouse and minor child. The court will establish the child’s residency and outline an arrangement for visitation and custody (Florida Statutes 61.10).

Florida Annulment

Florida annulments are allowed under Florida divorce law, but they are much more difficult to prove. Dissolution of marriage ends a marriage, but a Florida annulment is declaring that a marriage did not exist. Contact a Florida divorce lawyer for more information about annulling your Florida marriage.

Florida Divorce Residency Requirements

A spouse who wishes to file dissolution of marriage in Florida must live at least 6 months in the state of Florida before filing the dissolution petition. The Florida dissolution of marriage process can be started by filing the petition in the court where either spouse lives. There is a 20 day waiting period from the original petition of dissolution before the final judgment is issued. Under certain conditions, such as injustice, the divorce court may enter the judgment at an earlier date. More detailed information can be found on the dissolution of a Florida marriage in the Florida Statutes 61.021, 61.043 and 61.19.

Alimony in Florida

In the state of Florida there is no set formula for calculating alimony payments, in fact, the amount of alimony paid is at the Florida court’s discretion. There are general rules for assessing Florida alimony, and these rules are outlined in Florida Statute 61.08. Under Alimony statutes, either spouse is eligible to receive Florida alimony. It may be awarded temporarily or permanently. The court may decide to have the paying spouse make payments, award the alimony in one lump sump or both.

Florida is a no-fault state, but the courts may consider a spouse’s behavior as a factor when calculating Florida alimony payments. The court may also consider the following:

• The standard of living which each spouse is accustomed
• The length of the marriage
• The age, physical and mental health of each spouse
• The financial resources of each spouse
• All assets and liabilities and how they are distributed to each spouse
• The amount of time it would take the receiving spouse to get the proper education to gain adequate employment
• The contribution of each party to the marriage. Did one spouse take care of the home and children? Did one spouse contribute to the education of another spouse?
• The income available to both spouses
• Any other factor which is necessary for justice and equity for both spouses

Under some conditions Florida alimony payments are made through the state depository and can come directly out of the paying spouse’s paycheck. Determining alimony in Florida can be a complicated process. Consult with a Florida divorce lawyer for more information about the particulars of your Florida divorce case.

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 Atlanta, Georgia:

• 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- 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 is an expert in legal jargon and the inner workings of your local court systems. Contact us right now at and we will help you find a divorce lawyer in your area who understands all the different levels of law for not only divorce but for child custody too.

(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.)

Whether you are in Phoenix, Mesa or some other city in the Arizona, 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 right now and we will help you locate the right divorce attorney in your area that will provide you answers to the legal questions you may have.

Whether you are in Houston, Texas or some other city in the State, 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 your 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, 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 council 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 and we will help you locate the right professional 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.)

Whether you are in city like Albany, Schenectady, Troy, or some other city in the New York, 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 understands 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 and we will help you locate the right professional for you.

Someone once quipped that a starter marriage was a short-lived first marriage with no kids, no property, and no regrets, but I call that a friendly divorce. Unfortunately, we live in a society where most of our divorces are a little more complicated, and anything but friendly. With almost 50 percent of our marriages in the United States ending in divorce, the legal jargon has gotten so complicated we have been forced to man a complicated court system in order to untangle the legal complexities of marriage.

Concerning our marital laws, 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, and to make the process less complex. Along with their definitions, this list of terms is not exhaustive, but common for Albuquerque, New Mexico:

• 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 different than rest)- 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 you are not in a starter marriage, and these terms still seem to be too confusing and 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.)

When minor children are involved in a divorce, the Ohio courts will do everything possible to help lessen the emotional trauma the children may be experiencing. In determining the best interest of a child, the court will consider all relevant factors, including:

• The wishes of the child’s parents regarding the child’s care;
• The child’s wishes and concerns as to the allocation of parental rights and responsibilities concerning the child;
• The child’s interaction and interrelationship with the child’s parents, siblings, and any other person who may significantly affect the child’s best interest;
• The child’s adjustment to the child’s home, school, and community;
• The mental and physical health of all persons involved in the situation;
• The parent more likely to honor and facilitate court-approved parenting time rights or visitation and companionship rights;
• Whether either parent has failed to make all child support payments;
• Whether either parent previously has been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child being an abused child or a neglected child;
• Whether the residential parent or one of the parents subject to a shared parenting decree has continuously and willfully denied the other parent’s right to parenting time in accordance with an order of the court; and
• Whether either parent has established a residence, or is planning to establish a residence, outside this state.

Whether you are in  Youngstown, Warren, or some other city in the Ohio, 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 and we will help you locate the right divorce Attorney in your area for you.