First in an occasional California-specific series about divorce, from actual questions we receive

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Q: What happens if my spouse won’t agree to sign the papers?

A: In a few words, he or she loses. By default.

But, not so fast… (maybe you both win).

Requirements

The thing is, certain requirements must be met, and all your paperwork must be in order. If your spouse (or the spouse’s attorney) realizes your petition or notice of service is inadequate, the strategy may be to “drag their feet” until you perfect your filing, because if your paperwork is not in order the court may dismiss the case. The easiest way to ensure your paperwork is in order is to hire a qualified, experienced divorce attorney. Following are the nuts and bolts of California requirements.

Residency

From the California Courts on residency requirements:

For married persons to get a divorce:
You MUST meet California’s residency requirements. Either you or your spouse must have lived in:

• California for the last 6 months, AND
• The county where you plan to file the divorce for the last 3 months.

If you and your spouse have lived in California for at least 6 months but in different counties for at least 3 months, you can file in either county.

If you do not meet the residency requirement, you can still file for a legal separation. Once enough time has passed so that you meet the residency requirement for a divorce, you may file an “amended petition” and ask the court for a divorce.

For domestic partners to get a divorce:
If your domestic partnership is registered in California, you have automatically agreed to the jurisdiction of the California courts to end your domestic partnerships — even if you move away or have never lived in California. So you do NOT need to meet the residency requirements that married couples must meet.

If your domestic partnership was NOT registered in California, you or your domestic partner must have lived in:

• California for the last 6 months, AND
• The county where you plan to file the divorce for the last 3 months.

If you and your domestic partner do not live in California, when you file to end your domestic partnership in California, the court may not be able to make orders about other issues like property and debt, partner support, or your children. If this is your situation, talk to a lawyer with experience in domestic partnership laws.

Initiating the action, then following up

The first thing is make sure all the correct forms are completed and filed with the proper court. Second, your spouse must be properly served, that is, provided copies of the paperwork via a legal method such that the spouse can not later say he or she “never received notification”–that’s the crucial test allowing the court to enter a default judgment in your favor. Third, the follow-up papers must be filed correctly:

Click here for an interactive procedural to go through the five major steps  (includes a link to ensure you file in the proper venue); click on Step 1, Step 2, and so on.

Two things to remember

First, if your paperwork is in order and your spouse was properly served, the spouse–for whatever reason–may simply be done/worn out/sick of the whole thing…and therefore chooses not to contest the divorce.

Second, although it is unlikely, if the spouse acts quickly enough, he or she could get a good lawyer and challenge the default judgment by filing a motion that asks the court to vacate–or set aside–the default judgment. If that action prevails, it will be as though the divorce never started, and you will have to start all over again. To repeat, this is highly unlikely but is something to know. The best answer is to take the court’s advice and retain a compatible, experienced attorney.

Free evaluation

No matter your marital situation, we can help. If you’re ready to begin the search for a compatible, well trained, experienced divorce attorney, you can start with our free case evaluation. If you need more information, please browse our site, using the tabs at the top of the page.

Continued from Getting a divorce in Jersey City, Part 1

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Venue for filing

In Hudson County, Vicinage 6, the Family Practice Division is administered by the Hudson Vicinage; here are directions to:

Family Division divorce FAQ

Following are some items from Family Division’s “Divorce/Matrimony” FAQ page:

I want to file for a “legal separation.” How do I do that?

The court does not grant “legal separations”. If you are living separate and apart from your spouse, you may consider yourself as being separated.

How long do I have to wait before I can file a complaint for divorce?

There are several grounds or legal reasons which allow the court to grant a divorce and rules that govern when you may file your complaint:

• Adultery — no waiting period;
• Extreme cruelty — You may file three months after the last act of cruelty occurred;
• Desertion –You must wait 12 months after the desertion occurs before filing your complaint;
• “No Fault” — If you and your spouse have been living separate and apart for 18 consecutive months, you may file a complaint for divorce with the 18 month separation as grounds.

My spouse filed for divorce and I do not want to get a divorce. Can I stop it?

If the complaint for divorce establishes legal grounds for divorce, you cannot prevent the other party from seeking divorce.

My spouse has filed a complaint for divorce. Do I have to get an attorney and file an answer? What  happens if I don’t?

You do not have to get an attorney or file an answer if you have no issues you want the court to decide or if you do not wish to contest any of the statements contained in the complaint for divorce. If you decide not to file an answer, the divorce will still be granted. This is called a Default Judgment and is another way of saying a non-contested divorce was granted.

I have filed a complaint for divorce. When will I go to court?

There are several factors that determine when your case will be scheduled for court.

1. If your divorce is not contested, your case may be placed on a court calendar as early as three months after you file your complaint. This is an estimated time as the judge can only hear a certain number of cases on any given day. Your case may have to wait for the “next available calendar date”. Calendars are scheduled at least a month in advance. You will receive a notice advising you or your attorney of the date you must appear in court.
2. If your divorce is contested, it will take longer for your case to be scheduled for court. This is because there may be certain reports or evaluations that must be completed before your case can be heard. For example, if you and your spouse jointly own property, the court may need an appraisal of the property.

What if I cannot afford an attorney? Will the court appoint an attorney for me?

The court will not appoint an attorney for you. If you feel that you cannot afford an attorney, you may contact the Hudson County Legal Services located at 574 Newark Avenue, Jersey City, New Jersey (201) 792-6363 or the Hudson County Bar Association’s Referral Service at (201) 332-9669. Court staff are not allowed to make attorney referrals.

Do I have to have an attorney?

You are strongly advised to have an attorney represent you. This is particularly true if you must make decisions as to property, custody, visitation and support.

You do not have to have an attorney if you choose not to, however, it is then your responsibility to prepare the necessary papers. Court staff will file your prepared documents but they are not allowed to prepare them for you or instruct you in how they should be prepared. The only exception to this is in filing a motion.

Free evaluation

No matter your marital situation, we can help. If you’re ready to begin the search for a compatible, well trained, experienced divorce attorney, you can start with our free case evaluation. If you need more information, please browse our site, using the tabs at the top of the page.

NJ Courts announce huge change in domestic-violence outreach

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State law overview

For an overview of state law such as residency requirements, grounds for divorce (“no-fault” versus “fault-based” divorces) and venues for litigation, please see our three-part series:

• Divorce in New Jersey, Part 1
• Divorce in New Jersey, Part 2
• Divorce in New Jersey, Part 3

Don’t overlook the emotional toll

If you take the opportunity to read those three installments, you’ll notice that we take an early opportunity to discuss the psychological and emotional well-being of anyone going through the painful process of divorce. Yes, our chief function here is to 1) help you quickly find the information you need in your locale, and 2) to help you as efficiently and painlessly as possible to connect with a trained, experienced attorney that you feel comfortable with.

Be safe–handle domestic violence, first

That being said, we also want you to be safe. That’s why Part 1 includes statewide links to help for anyone whose relationship includes domestic violence. Accordingly, we repeat here some similar information, namely some of the agencies and facilities that residents of Jersey City and the local vicinage have for help with domestic violence. First, we lead off with some important news, which affects not only your vicinage but also the rest of the state, from a Nov. 3 press release from the New Jersey Courts (please see entire PR for all information):

New Jersey leads outreach efforts

The New Jersey Judiciary has joined with hospitals and safe houses to help victims of domestic violence apply for temporary restraining orders without going to a courthouse.

Through the Hospital to Court Safety Assistance Project and the Safe House to Court Safety Assistance Project, domestic violence victims can appear before a judge via videoconferencing if they are being treated in an emergency room or have sought refuge in a safe house.

“It’s often difficult for domestic violence victims to seek a temporary restraining order if they are injured and need medical attention or if they are afraid to leave a safe house,” said Judge Glenn A. Grant, acting administrative director of the courts. “Allowing victims to apply for a TRO via videoconferencing gives them protection from their abuser, affords them some peace of mind and helps expedite the legal process for obtaining a final restraining order.”

The program was piloted in the Passaic Vicinage in partnership with St. Joseph’s Regional Medical Center in Paterson and has expanded to include hospitals in Camden, Essex, Gloucester, Hudson and Union counties and safe houses in Atlantic, Bergen, Burlington, Camden, Essex, Middlesex, Monmouth, Morris and Passaic counties.

The programs are funded with $172,174 through the federal Violence Against Women Act (VAWA), which is administered by the New Jersey Division of Criminal Justice within the New Jersey Department of Law and Public Safety.

Local resources for help with domestic violence

The preceding is really good news for victims of domestic violence in New Jersey and may signify an important, legal sea-change in reaching out to victims; following are Jersey City and Hudson County-area online resources:

• Jersey City Police Department
  • North District
  • East District
  • South District
  • West District
• Hudson County Shelter list
• Women Rising

Next, Getting a divorce in Jersey City, Part 2: more about your specific courts and local rules.

Free evaluation

No matter your marital situation, we can help. If you’re ready to begin the search for a compatible, well trained, experienced divorce attorney, you can start with our free case evaluation. If you need more information, please browse our site, using the tabs at the top of the page.

First in a recurring series of New York-specific questions and answers

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Q: What happens if my spouse won’t agree to sign the papers?

A: The short answer is that your spouse will lose by virtue of a default judgment.

However, that being said, you must have met all requirements and have all paperwork in order such that your local Supreme Court judge can clearly see that all Ts have been crossed and all the Is dotted. Remember, we at this blog can not offer legal advice (and neither can anyone in the clerks’ or courts’ offices), so your best route is to retain an experienced, trained attorney who is familiar with both the latest state law and with the local rules of your county’s Supreme Court. New York Family Courts can help with many domestic matters, but a decrees of divorce are handled by the NY Supreme Court system.

First, the residency requirements

The longer answer is that, first, the residency requirements must be met:

1. You or your spouse must have been living in New York State for a continuous period of at
   least two years immediately before the date you start your divorce action; OR
2. You or your spouse must have been living in New York State on the date you start your
   divorce action and for a continuous period of at least one year immediately before the
   date you start the divorce action, and at least one of the following must also be true:
   • Your marriage ceremony was performed in New York State; OR
   • You lived in New York State with your spouse as married persons; OR
3. You or your spouse must have been living in New York State for a continuous period of at
   least one year immediately before the date you start your divorce action and your grounds
   for divorce must have happened in New York State. (“Grounds” means a legal reason for
   the divorce); OR
4. You and your spouse must be residents of New York State (no matter how long) on the
   date you start your divorce action, and your grounds for divorce must have happened in
   New York State. (“Grounds” means a legal reason for the divorce).

Initiating divorce proceedings

According to the New York State Unified Court System Divorce FAQ, the process begins thusly:

You will need to buy an Index Number at the County Clerk’s Office and file a Summons with Notice or a Summons and Verified Complaint (which has the reasons for the divorce). Next, you will need to have another person over the age of 18 who is not a party to the action serve your spouse with the papers. For more information on filing fees, completing and serving papers, placing your case on the court’s calendar, and other procedures, please carefully follow the Uncontested Divorce Forms Packet Instructions.

No response from spouse

Once properly served, the spouse has a certain, specified time period in which to respond with a legal answer, either by Notice of Appearance or Verified Answer. If that response is not made, the spouse is said to be in default, and you can request a hearing. Judges do not look kindly on people who ignore court orders, so unless your case is highly unusual your chances for being awarded judgment by default are very good. In the unlikely event that the recalcitrant spouse moves quickly enough and files a legal motion to vacate the judgment, it’s possible the case can be reopened.  If that happens, it’s possible that the judgment is vacated (set aside), in which case, everybody starts over. However, the window of opportunity to make such a motion is limited.

Spouse can’t be located

A related question is “What if I can’t locate my spouse?” From the court’s perspective, this is equivalent to: the spouse can not be properly served. That doesn’t mean the case stalls, however. The court’s answer is this:

New York state law requires that the defendant in a divorce action be personally served with the Summons with Notice or Summons and Verified Complaint. To have your spouse served in any other way, you must get permission from the court. You can apply for such permission by filing an application for alternate service with the Supreme Court Clerk’s Office in the county where you filed your divorce case.

For example, the court may allow service to be notice in a certain newspaper. Whatever it is, once the alternate service is carried out, the case proceeds apace: Either the spouse responds legally or he/she will be in default.

Free evaluation

No matter your marital situation, we can help. If you’re ready to begin the search for a compatible, well trained, experienced divorce attorney, you can start with our free case evaluation. If you need more information, please browse our site, using the tabs at the top of the page.

In your area, three Superior Courts handle ‘dissolution of marriage’–which is your court?

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State overview

Please see “Divorce in Indiana” for an overview of state divorce statutes, a discussion of the benefits of counseling and opinions from family experts and legal authorities who believe that if domestic violence is part of the equation, it needs to be addressed immediately.

Local help with domestic violence

Indiana has some state-level online resources that can help with domestic violence, such as the Indiana Coalition Against Domestic Violence and the Indiana Family Health Council.

Residents of Fort Wayne and the counties of Allen, Wells and Whitley also have agencies and facilities that can help, including these online resources:

• Fort Wayne Police Department;
• Allen County Sheriff’s Department;
• Wells County Sheriff’s Department;
• Whitley County Sheriff’s Department;
• ICADV Safety Plan;
• YWCA Domestic Violence Services;
• Emergency shelter list, by county;
• Lutheran Social Services (Allen County);
• Wells County Prosecutor’s Office (scroll down);
• Center for Nonviolence;
• Whitley County Domestic Violence Task Force.

Venues for filing

Circuit courts were the original trial courts, civil and criminal, in Indiana, born of the state constitution. Organized along county lines, 90 of the 92 counties have their own circuit courts. Two small counties, Ohio and Dearborn, are combined into one circuit.

Through time, however, the need for another level of courts was recognized; legislation created the Superior Courts. Divorce (“dissolution of marriage”) is handled by the civil division of the local Superior Court. Be aware, however, that trial jurisdiction and organization varies from county to county.

Allen County

In Allen County, the Clerk of Courts serves both the Circuit and the Superior Courts. Maps, addresses and contact info for the clerk and the Superior Court are available here.

Wells County

The Wells County Clerk’s office is in Bluffton and serves the Wells Superior Court, also in Bluffton.

Whitley County

Like other Offices of the Clerk, the Whitely County Clerk is described thusly: “The Clerk of the Circuit and Superior Courts is a county elected official who serves as an officer of the court and the manager of court information. The Clerk administers the official court records for all trial court cases with jurisdiction in Whitley County, prepares the permanent historical records for the courts, and processes and issues various documents for court cases.”

Like the clerk’s office, the Superior Court is in Columbia.

Local Rules

The Whitley County Superior Court provides a link to its local rules–if you’re in Allen or Wells county, you should ask your clerk office’s if your court provides a similar document or a course explaining the local rules. NOTE: if you have retained an attorney, you do not need to do this because your attorney should be familiar with the local rules.

This can be very important. For instance, let’s say you’re in Whitley County and you need to get child support. Well, Local Rule 92-FL00-1 says, “In all cases wherein the courts of Whitley County are issuing an order for child support, each parent shall be required to submit to the Clerk of Whitley County a completed PARENT INFORMATION WORKSHEET (copy attached hereto) prior to or in conjunction with the issuance of a child support order.” And there’s more–check it out, via the link. For instance, you may be required to take a “Children First” course.

Mediation

Another thing to know, especially in Allen County, is that mediation has become a favored tool of the court. As a FAQ page explains, “In recent years, the Judges and Magistrates of the Allen Circuit Court and Allen Superior Court have worked closely with the members of the ADR and the Domestic Relations sections of the Allen County Bar Association to forge a legal culture wherein mediation has become the preferred and expected manner in which parties attempt to resolve their domestic relations disputes.”

How we can help

The legal resources you can access here are on hand to answer your questions, directly. True, no attorney can provide binding, legal advice without being retained (hired). Also true: you can count on us to help you find qualified attorneys. We want you to be successful in retaining a competent attorney who not only “resonates with you” but also knows your legal situation inside and out.

Free evaluation

No matter your marital situation, we can help. If you’re ready to begin the search for a compatible, well trained, experienced divorce attorney, you can start with our free case evaluation. If you need more information, please browse our site, using the tabs at the top of the page.

Clark County residents not well-served, online

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State overview

You may really not want a divorce (or “dissolution of marriage,” as it’s termed in many states). You might simply be wondering “What happens if divorce becomes inevitable?”

Here, at this Web site, we recognize that not everybody is convinced that ending the marriage is the way to go.

That being said, if you know you need an experienced divorce attorney who knows Nevada state law inside-and-out? Someone who’s familiar with your locale and the local courts? Go ahead and complete our free case-evaluation form, at no obligation.

But, if you’re simply questioning, know this: Many people in Henderson–and Clark County, for that matter–struggle with their marriages, and within their marriages, from time to time.

Simply because you have questions does not mean you need to file for divorce. It may be that you benefit from reading our overview of Nevada state divorce statutes and the benefits of counseling.

Don’t forget counseling

Before you turn to the legalities of terminating a marriage, there’s always marriage counseling in its various forms, from community-oriented family counseling to private counseling for each spouse, to couple’s-oriented therapy, including church-based, spiritual guidance. We discuss this in the state overview.

No matter, what–don’t ignore domestic violence

We also discuss this: family experts and legal authorities agree that if domestic violence has creeped into your homelife, you simply must address this issue first. A good lawyer can help with this–in so many ways–and we included state-level resources in the state overview, too. However, residents of Henderson and Clark County also have local agencies and facilities that can help with domestic violence, including these online resources:

• City Attorney;
• Henderson Police Department;
• Clark County Sheriff’s Office;
• Clark County protective orders;
• Domestic Violence resources.

Venue, where to file

Unfortunately, as of this writing, residents of Henderson and Clark County are not well served online.

You can look high and low, online, and maybe never find what you are looking for, especially in terms of divorce information.

For instance, on this page, as of late October 2011, clicking on “Divorce/Official Forms” returns a message “This Page Cannot Be Found.”

Also, clicking on “Family Law” returns only a generic page.

In short? You local residents really should take local government to task for not having better, online information available.

That being said, we shall default to statewide links that we hope will be helpful.

Clark County District Court:

Eight Judicial District Court

The link is here. According to this link, as best I can tell (and apparently these links change, so please, don’t complain to us), the Self-Help Center is at this URL.

If you can find it, you’ll see the “About Us” page says this:

The Self-Help Center has been serving the community since 1999.  Each month the Center’s staff assists thousands of individuals represent themselves in Family Court proceedings by providing legal information, use of legal materials, instruction on family court practice and procedure, facilitating informational classes and programs, and selling fill-in-the-blank court forms.

There is a $5.00 fee for each of the Center’s fill-in-the blank form pacekts. The Center also provides notary services for a fee of $5.00 for the first notary signature and $2.00 for each additional notary signature.

We hope the information shown here is helpful and will make your contact with the court efficient and more productive. All information is intended to assist you in making the best use of your access to justice. Please note that private counsel is always recommended for legal matters.  The Self-Help Center is prohibited from giving legal advice.

On the other hand

The legal resources you can access here are on hand to answer your questions, directly. True, no attorney can provide binding, legal advice without being retained (hired). In short, you can count on us to help you find qualified attorneys.  We want you to be successful in retaining a competent attorney who not only “resonates with you” but also knows your legal situation inside and out.

Free evaluation

No matter your marital situation, we can help. If you’re ready to begin the search for a compatible, well trained, experienced divorce attorney, you can start with our free case evaluation. If you need more information, please browse our site, using the tabs at the top of the page.

Continued from Getting a Divorce in Lincoln, Part 1

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With Children But With No Custody Disputes, Visitation Disputes or Property Disputes

If this is more like your case, then you need to read here–again with a similar caveat from the court:

[T]hese forms and instructions are intended only for divorce cases where:

• There are children but custody and visitation have been agreed to by both parties;
• The husband is the father of all of the minor children of the wife;
• The wife is not pregnant and no children are expected;
• There is no real property (real estate), nor an ongoing business being operated by one of the parties, and all other property has or can be divided without argument.  The parties are fully aware of all debts incurred during the marriage and have or will be able to agree on who will pay each debt.
• Neither party has a pension or retirement plan with his or her present employer, or from a past employer.
• No alimony will be requested by either party.

NOTE: UNLESS YOU MEET ALL OF THESE REQUIREMENTS YOU SHOULD NOT ATTEMPT TO DO YOUR OWN DIVORCE USING THESE FORMS AND INSTRUCTIONS, AND YOU SHOULD NOT PROCEED WITHOUT THE HELP OF A LAWYER.

Further considerations

Look, I’m no lawyer. I’m simply a writer who gets paid to look into these issues. That being said (and I’ve been divorced twice, myself), as I read what the court is saying, it occurs to me that the court is warning folks to resist the temptation to represent themselves in court, unless they know exactly what they are doing, right up there at the same level as an attorney.

For instance, it seems to me that the court is most definitely saying something like this: If you and your soon-to-be-ex can not agree on child visitation, child custody and/or property division, then you have no business trying your case in court without an attorney. Obviously, if you don’t know the law, you’re very much at risk because the court can–and probably will–hold you to the exact, same standards as if you were an attorney.

And, listen, I do know this–it can be very difficult to change (modify) a court order in a divorce once it’s entered.

I’ve even heard attorneys tell other attorneys to “leave your ego out of it” and let the professionals who are not at stake handle the negotiations. And–remember this–for many people, nothing fires up the lizard-brain emotions so fiercely as divorce. Bottom line? If you are contemplating a contested divorce, you almost certainly need a good lawyer.

Final thoughts, considerations

Regardless of which route you choose, you need to be aware of the following information from the Self-Help Center.

Divorce forms – With No Children or Property Disputes Involved

Fifteen different forms are listed under this heading–here’s the first three, simply for example:

• Complaint for Dissolution of Marriage–No Children;
• Instructions for (preceding);
• Confidential Party and Social Security, Gender, Birth Date(s).

Divorce forms–With Children But With No Custody Disputes, Visitation Disputes or Property Disputes

A similar number of forms are involved; here’s the top three:

• Complaint for Dissolution of Marriage, With Children;
• Instructions for (preceding);
• Confidential Party and Social Security, Gender, Birth Dates.

You can get help

Whatever you decide, always remember you can get help. Divorce is a life-changing, serious decision. You do not have to go it alone.

Free evaluation

No matter your marital situation, we can help. If you’re ready to begin the search for a compatible, well trained, experienced divorce attorney, you can start with our free case evaluation. If you need more information, please browse our site, using the tabs at the top of the page.

City of Lincoln, Lancaster County provides much guidance

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State overview

For an overview of divorce in Nebraska, please see the two-part overview of state law, including residency requirements, filing in (local) district courts, filing pro se versus retaining an experienced divorce attorney, no-fault divorce versus fault-based divorce and divorce without children or disputed property:

• Divorce in Nebraska, Part 1
• Divorce in Nebraska, Part 2.

Considering professional counseling

An important aspect of terminating a marriage that’s discussed in Part 1 is the benefit of professional counseling, in addition to planning for the legal concerns. That’s because many people report profound feelings of grief and loss–even when both parties recognize the relationship has run its course.

Addressing domestic violence

Another crucial aspect to consider is the presence of domestic violence. Legal authorities and family experts emphasize that when domestic violence or abuse is part of the equation, stopping the violence and removing it from your life is your first priority–and may save your life or even your children’s lives. This is another area in which a savvy, experienced attorney can help, not only in crafting an escape plan and securing emergency shelter but also in filing protective/restraining orders.

Local resources for help with domestic violence/abuse

Part 1 lists some state-level resources that can also help with domestic violence. Fortunately, residents of Lincoln and Lancaster County also have local agencies and facilities that can help, including these online resources:

• Lincoln Police Department;
• Lancaster County Sheriff’s Office;
• Community Action Program;
• Voices of Hope;
• Focus Guide for Clergy and Religious Leaders;
• City of Lincoln, Personnel Policy.

Venue for filing

Because Lincoln is the state capital (even though many trivia-game contestants might incorrectly answer,  “Omaha”), the maze of governmental buildings and offices can be daunting. Perhaps adding to the confusion, the City of Lincoln and Lancaster County share an official Web site. However, although it’s true that a county court might ultimately administer a given divorce, the originating venue for divorce (“dissolution of marriage”) is the local District Court. The place to start research for matters of venue, therefore, is the Office of the District Clerk.

Filing pro se: Self-Help Guide

If you’re even remotely considering filing pro se (that is, without benefit of an attorney), the place to start is the Supreme Court’s Self-Help Center for Families & Children. If you prefer to interact in person, the Lancaster County Self-Help Desk is at:

575 S. 10th St., Third Floor
Hours:

• Monday 10 – 2,
• Thursday 9 – 1,
• Friday 9 – 12

No Children, no disputed property

If this fits your situation, then you need to read here and realize that–according to the court:

[T]hese forms and instructions are intended only for divorce cases where:

• There are no children and none are expected;
• There is no real property (real estate), nor an ongoing business being operated by one of the parties, and all other property has or can be divided without argument.  The parties are fully aware of all debts incurred during the marriage and have or will be able to agree on who will pay each debt.
• Neither party has a pension or retirement plan with  his or her present employer, or from a past employer.
• No alimony will be requested by either party.

NOTE: UNLESS YOU MEET ALL OF THESE REQUIREMENTS YOU SHOULD NOT ATTEMPT TO DO YOUR OWN DIVORCE USING THESE FORMS AND INSTRUCTIONS, AND YOU SHOULD NOT PROCEED WITHOUT THE HELP OF A LAWYER.

Continued in “Getting a divorce in Lincoln, Part 2″: we resume with “Divorce With Children But With No Custody Disputes, Visitation Disputes or Property Disputes.”

Meanwhile, if you can already see that you may need to consult with an attorney who knows your local rules and keeps up with changes in Nebraska state law, please keep reading.

Free evaluation

No matter your marital situation, we can help. If you’re ready to begin the search for a compatible, well trained, experienced divorce attorney, you can start with our free case evaluation. If you need more information, please browse our site, using the tabs at the top of the page.

Standing order prohibits ‘bad behavior’; applies to both parties in all eight Districts

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For an overview of divorce in the Lone Star State, please see “Divorce in Texas.” We also have specific topics available, such as:

• Filing for a Collaborative Divorce in Texas;
• Texas Property Division after Divorce;
• Hidden Assets in a Texas Divorce.

Counseling may be necessary

Another thing to consider–in any divorce–is the potential for emotional trauma. Even in a so-called “amicable divorce” that is uncontested and both parties recognize the relationship has run its course, the emotional pain and sense of loss can be profound. Many who have gone through divorce report feelings of loss as profound as suffering a death in the family. An experienced, well trained divorce attorney can, of course, take care of all the legal aspects involved, due to intimate knowledge of local courts and customs, plus any new requirements of state law. But don’t forget to ask your attorney about referrals for professional grief counseling.

Addressing domestic violence

A very important aspect–mentioned in the state overview–is domestic violence. Family experts and legal authorities agree that is domestic violence is part of your family equation, immediate steps must be taken to resolve these issues. Again, a good attorney can help, not only with protective/restraining orders but also with formulating an escape plan and with referrals for emergency shelter.

Residents of Plano and Collin County have shelters and agencies that can help, including the following online resources (if you feel in immediate danger, call 911; Plano residents also can call Plano Police Department Family Violence Unit (972) 941-2580):

• Collin County Sheriff’s Office;
• Collin District Attorney, Domestic Violence Section;
• Collin County Council on Family Violence;
• Hope’s Door.

Venues

Collin County divorces are handled in one of eight District Courts. The starting place, therefore, is the Office of the District Clerk, where you will find a link to a Civil/Family Cover Sheet [.pdf version] . . . required for all civil/family filings. Two versions are provided below for your convenience [the page also offers an MS Word version]. The eight district courts are in McKinney, TX as follows:

• 199th District Court;
• 219th District Court;
• 296th District Court;
• 366th District Court;
• 380th District Court;
• 401st District Court;
• 416th District Court;
• 417th District Court; and
• 429th District Court.

Collaborative process and mediation

The courts offer alternatives to litigation, which are fully described on its Alternatives to Litigation page and summarized here:

The District Courts of Collin County have a large volume of family law disputes which come before the Courts for resolution. The issues involved in this area of litigation include divorce, modification and enforcement of prior orders affecting children. Invariably these issues are highly emotional and cause life changing events which result in the dissolution of marriages, disruption of families, division of community property and debts, and orders concerning possession and support of children. . . .

You now have a choice of using courtroom litigation, mediation or collaboration to solve your problems. Your choice can promote a mature and thoughtful settlement of the issues or an invitation to all out war.

Related links

• For Kids Sake course
• Kids in the Crossfire (video)
• Collaborative Law Institute of Texas
• Collaborative Law Alliance of Collin County
• SMU Plano Mediation and Conflict Resolution Services

Standing Order of the Courts

The District Courts also have both a Local Rules of Practice (which applies even if you do not hire an attorney) and a unified Standing Order Regarding Children, Property, and Conduct of Parties. This basically order both spouses not to hide any property from the court; not to disrupt or take children or speak badly about family members in their presence; and not to threaten, harass or or otherwise use bad language/behavior when communicating with the other spouse/family members. It’s quite detailed and serves as a legal injunction against proscribed behaviors.

Free evaluation

No matter your marital situation, we can help. If you’re ready to begin the search for a compatible, well trained, experienced divorce attorney, you can start with our free case evaluation. If you need more information, please browse our site, using the tabs at the top of the page.

8th Judicial District offers alternatives

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State overview

Please see “Divorce in New York state” for an overview of state law, no-fault versus fault-based divorce and uncontested versus contested divorce.

In addition to the legal considerations of ending a marriage, family experts also recommend paying attention to the emotional and psychological aspects because many who have gone through a divorce–no matter how “amicable”–often report profound feelings of loss and grief.

Addressing domestic violence

Another warning from experts and legal authorities concerns domestic violence, which these authorities say is something that must be addressed immediately in any family that experiences such issues. A trained, experienced attorney can help with all these problems: the legal concerns, referrals for professional counseling and help with domestic violence, including protective/restraining orders.

Residents of Buffalo and Erie County also have numerous agencies and facilities that can help with domestic violence, including these online resources:

• Domestic violence resource list;
• Erie County District Attorney’s Special Victims Bureau;
• Erie County Coalition Against Family Violence;
• 211 Western New York.
• Child and Family Services;
• Crisis Services;
• Family Justice Center.

Venue

Unlike many states, New York does not administer divorce proceedings through Family Court but instead through the Supreme Court; 8th Judicial District courts and locations are shown here; other resources offered in the district are listed here.

The Chief Clerk’s office is at:

25 Delaware Avenue
Buffalo, NY 14202
Ph: 716.845.9301
Fx: 716.851.3293

Alternative Dispute Resolution

Another option is Alternative Dispute Resolution, which the court describes as methods that “often reduce the stress, trauma, and expense of divorce on children and families.”

Mediation

One alternative is divorce mediation, in which a “neutral third party called a ‘mediator’ helps the couple to work through the issues of their divorce and reach a mutually agreeable settlement.  Please note that mediation may not be safe or appropriate for individuals with a history or fear of domestic violence.”

In Erie County, the neutral agency is Child & Family Services.

Collaborative Family Law

Yet another option is known as Collaborative Family Law, described as a process that “gives divorcing couples a way to end their marriage respectfully, without going to court, while offering them the support, guidance and protection of their own, specially-trained lawyers. If either spouse decides to go to court, both spouses must hire new lawyers. This motivates everyone involved to continue working toward a mutually agreeable resolution.”

Forms & instructions

On the divorce-forms page, the court says, “The New York State Unified Court System offers free instruction booklets and forms for people starting a divorce.

“Before you use the booklets and forms, we strongly suggest that you give serious thought to using a lawyer for your divorce, even if you believe that your divorce will be ‘uncontested ‘ (i.e., your spouse will not oppose the divorce in any way). There can be a lot more to think about than just ending the marriage and filling out court papers. (For example, there may be property to divide between you and your spouse, or you may need an Order of Protection and/or child support and other financial support, among other things.)”

Free evaluation

No matter your marital situation, we can help. If you’re ready to begin the search for a compatible, well trained, experienced divorce attorney, you can start with our free case evaluation. If you need more information, please browse our site, using the tabs at the top of the page.