Divorce and Property

Divorce and property are two interlinked issues that often result in dispute between the partners. Assets distribution in divorce is a major aspect of a whole legal procedure. Many times, the partners divide their assets and liabilities through discussions and making a mutual agreement. But, if they do not succeed to agree over this matter, the court resolves the matter using its jurisdictional powers. The court may take various factors into consideration for a fair and satisfactory solution of this problem. Some of the matters are discussed below.

The Difference between Marital and Separate Property

Before opting for a division, it is important to know the assets that are considered under division and the ones excluded. According to the divorce laws, the assets and liabilities acquired during the period of marriage by both partners are regarded as marital property. It is the total assets that are actually distributed between partners. Any kind of assets earned before marriage by a particular spouse will be regarded as a separate earnings of that person. Individual or separate earnings are excluded while calculating the assets for distribution after divorce. But, it is to be noted that, the value of such individual earnings may be a matter of concern in an equatable distribution.

Types of Property Division in a Divorce

There are two types of methods for dividing the marital earnings. A state might consider either of the methods when considering the distribution of assets during a divorce procedure. Many states follow the principle of equitable division, while few of them make division on an equal basis. The details about these types are as follows.

Equal division of Property in Divorce

About nine states follow equal division priciple in their laws. The laws in these states mention that a marital assets should be divided equally between the partners, regardless of who the owner of such assets is. Also, the debts accrued during the marital period is also subject to equal distribution. Here, separate assets of the spouses are not considered while dividing the marital earnings. It is to be noted that such division means the equal amount should be owned by both partners, not the equal physical or real assets. The distribution is done on the 50-50 basis.

Equitable Division of Property in Divorce

Almost all states divide the marital earnings on this basis. This means that the assets and liabilities will be a matter of fair distribution, not necessarily equal. Many factors are taken into concern for calculation of such division. Some of these factors are:

• The duration of marital period
• The physical and mental conditions of both partners
• The separate savings of each spouse and value of such assets
• The obligations and liabilities of each spouse due to marriage
• The contribution of each spouse in acquiring current assets. And also, any fault in wasting or misusing them

In order to ascertain an equitable distribution, an evaluation is of supreme importance. The first and foremost step that an arbitrator or lawyer or administrator should take is to call the 'divorce property appraiser'.

The functions of this appraiser are as follows.

• Identification of each and every asset in the marital estate
• Determination who is the owner of all the identified assets
• Valuation that is applicable on the date of dissolution. This valuation must be relevant and acceptable by USPAP (Uniform Standards of Professional Appraisal Practice)
• Determination of the authenticity. This might be a replica
• If the Divorce Property Appraisal proceeds to a lawsuit, then providing expert testimony

Some of the highlights of this appraisal are as follows.

• An accredited appraiser can conduct an objective certified appraisal. Both the partners would be benefited by this process as the duration of lawsuit, expenses of lawyers and the appraisal cost would be minimized
• If a mutual divorce assets appraisal takes place, the proceedings are very simple and can be completed in a short duration
• The valuation of the assets can be done in such a manner that both partners accede to it. Moreover, it can be made irrefutable as on the date of dissolution
• Let us assume that one partner has selected an appraiser and the other spouse does not accept him/her i.e. the appraiser. Then, the partner's appraisal would be defended during the lawsuit by an 'expert appraisal witness'

An appraisal comprises of the following.

• Real property i.e. the residence
• Personal earnings, inclusive of the following
  • Retirement plans
  • Pensions
  • Gems
  • Bullion
  • Coins
  • Inventory
  • Trademarks
  • Logos
  • Computers
  • Equipment
  • Machinery
  • Furniture
  • Collectables
  • Rugs
  • Antiques
  • Guns
  • Art
  • Jewelry
  • Vehicles
  • Any business
  • Other movable assets

     

Post Divorce

A divorce is a painful siltation in the life of spouses, where they have to break their marriage forever. Often, many couples experience financial and mental problems that can affect their future life in a very bad manner. Though a divorce is an uncontested one, the spouses would still face some mental disturbances while getting adjusted to the new conditions in their lives. Therefore it is necessary to know the ways to handle these complications.

Divorce brings many negative feelings like insecurity, loss and forceful changes in personal life. But, a person should take separation from the partner in a positive way. Some things that are essential to gain a positive outlook towards life are as follows:

• One should speculate regarding the type of life a person would like to experience after divorce. They should begin practicing these things right away. This would enable that person to adjust into that lifestyle in the future.
• It is essential to draft a monthly budget and gain understanding about one's liabilities and assets.
• Each divorced parent must put their children's interest as first priority. If the children are involved in the procedure, they must be handled carefully by both the spouses. It is necessary to keep them out of the conflicts between partners.
• The divorced couples should try to recognize their emotions. It is better to express these feelings, than hiding them from others. Releasing bad things out of the mind will help in creating a fresh attitude towards life.
• It is necessary to be ready for the 'friend dynamics.' This term does not imply how you react to your friends, but how the friends react to the divorce.
• Instead of grieving about the past, one should try to forget the incidences of your married life. Forgiving oneself and the others who are involved, helps to get out of the traumatic conditions.
• It is advised to have at least formal contact with the ex-spouse. It will help in many ways to manage financial and social things in your life.
• If the in-laws and other family members are interested in continuing their relationship even after a separation, a person should give a try to preserve these relations. That will assist in making your life normal.

It is seen that many spouses suffer from financial losses after a divorce. A proper planning regarding management of all available assets and debts is the way to handle the monitory tensions. About the financial life, the following precepts can be taken:

• Re-evaluation of all retirement and insurance plans. One may desire to alter the beneficiary on all the policies.
• In case of shared debts, your name should not continue on the ex-spouse's credit record. So, it is necessary to close this account and transfer the balance to separate accounts.
• Adjustment of mortgage: During this step, one may find that the lender recommends to refinance the loan in the name of the individual, who is allotted the residence.
• Protection of credit report: Ensure that late payments are avoided.
• The divorced person must create an emergency fund for cash. It is advisable to take out a HELOC (Home Equity Line of Credit). This is identical to a second mortgage and has the functionality of a credit card.

When a person embarks on a new life, they should remember that this is not an ending but the start of an amazing phase. It is recommended to keep the following things in mind:

• Join a club of the members who are from similar background.
• Make it a point to spend some time with the children.
• Avoid thinking too much of the circumstances.
• Have a kind outlook towards self.
• Be conscious of rebound relationships.
• Accelerate your social life.
• Ascertain that you do not commit the same mistakes again.
• Ensure that there is no bitterness in your talk or behavior.

Thus, here are some practical points that can help the spouses in post divorce troubles. Not many of the couples are able to come out in a positive way. Most suffer because of poor support and negative attitude. There are many sources of professional help that are available in society. Apart from these self-help centers, the spouses should take a note that the attachment with the friends and family will do wonders for them. Therefore, instead of getting into lonely environment, one should try to open up in every possible way post divorce.

Divorce Order

 Today every society in the world faces certain issues like poverty, unemployment, illiteracy, crimes, etc. These issues blemish the glory of human civilization. Divorce is a serious social issue that leads to the breaking of a happy family. In this fast-paced world, every human being is running to achieve his/ her self-satisfying goals and in this pursuit he/ she do not think of disregarding the interests of the family. Love ends, doubts appear, conflicts begin and ultimately the relationship breaks. When a married relationship breaks, it gives rise to a lot of problems. To eradicate these problems and provide justice to spouses, divorce laws and regulations are formed. Couples take their personal matters to the court and the court issues divorce orders once it is proved that the marriage cannot be saved at any cost.

How a court grants a divorce order?When a couple files for a divorce case, he/she need to follow certain procedures. The case may be a contested or an uncontested one, but you have to complete all the needed paperwork and submit the legal documents to the court. You have to provide proof for the grounds for divorce. The court will consider all issues like child custody and support, visitation rights, alimony, property distribution and make decisions that will benefit both the parties and their children, if any. The divorce is accepted and the orders are issued when both the parties agree to the divorce and also when the court considers that their marriage should be broken for the benefit of both.

A divorce is confirmed when the judge signs the decree. The final decree of divorce is kept in the important office records of the courthouse, where the case has been fought and a copy of the same is mailed to the spouses.

Violation of the divorce orders:Sometimes it is found that some individuals might not follow the court orders. The court is empowered to enforce the divorce orders via contempt. Incarceration of such a person is the most extreme step a court can take.

Initially, the court tries out some less drastic steps than imprisonment to test whether the person is amending his/ her behavior and executing the divorce orders. The concept of 'Contempt of court' has been detailed below.

When an obligated spouse intentionally disobeys the divorce orders despite having the capacity or ability to comply with it, this action is termed as 'contempt of court.' When the court detects such contempt, the court has the freedom to incarcerate this spouse till he/ she complies with the order. Contempt of court has very harsh repercussions. The court looks at it as a last resort to compel a spouse to obey divorce orders. The Family Court Judge hears motions for contempt. Some examples of contempt of court are as follows-

• Let us assume that a custodial parent denies the non-custodial parent his/her visitation rights. In response, the non custodial parent ceases to disburse child support. Both these actions are treated by the court as 'contempt'
• Another example is that a non-custodial parent refuses to disburse child support. In response, the custodial parent does not permit contact between the child and the non custodial parent. These actions are also treated as 'contempt'
• When one divorced spouse detects that the ex-spouse is not complying with the divorce orders, he/she can file a petition or motion to enforce the divorce orders. This petition or motion has certain features which are described here-
  • It consists of the following information-
  • The date of the divorce order that this spouse wants enforced
  • The details of this divorce order
  • What section of this order is not being observed by the other spouse
  • A statement that the other spouse must pay the costs of filing the petition or motion to enforce the preparation of the hearing and attending the hearing
• The petition to enforce must be accompanied by an affidavit (sworn statement) of the complaining spouse. This affidavit must describe how the divorce order is being violated. The complaining spouse must sign the motion in the presence of a notary public. The complaining spouse must serve the other spouse with the petition or motion to enforce the affidavit and relevant paperwork

The aim of any court order is to enforce a person doing or refraining from doing certain things for the betterment of himself or herself. Divorce orders, are issued so that the spouses can separate legally and follow all the do's and don'ts as mentioned in the orders. You might not like certain orders issued by the court and so work in such a way that will give happiness to you. But remember this happiness will surely be short-lived, because you will be gradually stepping towards a dark future where you cannot make any attempt to go back and sort out past things.

Divorce Adultery

Divorce is not a rare occurrence in the United States, with more than fifty percent of marriages coming to an end. According to statistics, almost 30% to 60% of married individuals are involved in infidelity at some point of their marriage. Such condition ultimately results in a large number of divorce filing cases, if discovered and proved. Every type of divorce is granted on the basis of valid grounds specified by the divorcing parties. Adultery is one popular ground known on the basis of which various cases are filed as per the past records of divorce in many states of the US.

A divorce adultery ground is only valid in the case where one married spouse is found to be cheating his/her partner by having extra marital affair with any third person and likewise. However, the complaining spouse needs to come up with valid evidences to show the adultery condition. In the recent past, some courts have extended the meaning of adultery to include any personal, intimate sexual relationship with a third party. After this extension was made, the sex, marital status and specific sexual acts of the third party became insignificant. As per the above reasoning, homosexual relations by married individuals were also considered adulterous.

Understanding the Hints of Adulterous Actions

An innocent spouse can easily get some hint that his or her spouse is committing adultery, when the following traditional signs are visible:

• Sudden and unexplained alterations in the appearance and behavior of the spouse
• Unexplained and excessive expenditures performed by the adulterous partner
• The sex life of the married spouses is marked by a certain coldness
• The adulterous spouse has long durations of unaccounted time and he or she uses irrelevant excuses to explain those
• Some of your friends might give you some hints and these were disregarded by you in the recent past

Proving Divorce Adultery

A majority of the states in the US do not consider adultery as an illegal act or a crime. However, it is acceptable as a viable ground for divorce. Some states where no-fault divorces are easily granted have not made it necessary for the innocent partner to furnish evidence of adultery for obtaining a divorce.

In some states, it is essential to prove fault in an adultery case. In cases where both the partners admit that one of them has committed adultery, this is not sufficient. There must be independent evidence that should clearly reflect that the accused partner has committed adultery. For this, extensive investigations are essential. Some of the forms of evidence include:

• Any eye-witness or photographs
• Love letters or voice mails
• E-mails
• Internet chat history
• Hotel or travel records
• Gift bills

Some innocent spouses hire private investigators to gather proof regarding their partner's adultery. These professionals greatly contribute to collect all relevant evidences in the form of photographs, projecting all intimate moments shared by the adulterous partner and the third individual. The maximum probability is that the investigator may be able to collect photos of the couple hugging, dancing or perhaps kissing in restaurants and bars. Another occasion is when they are entering or leaving an apartment or hotel room.

Adultery and Divorce Support

Adultery may have an immediate effect on the amount of support payments in the forms of child support, alimony support or property division. In most of the cases, the accused may have to give greater amount of alimony or major portion of marital property. Adultery is one major factor that can actually put its impact on decision regarding child custody and support matters. Many states also consider the extent of adultery and the best interest of the child while taking the final decisions related to the child.

Essential Points to be Remembered

You must be aware of some major requirements before filing a divorce case in the court. Some major points are:

• It is essential that you must go through all laws and rights of divorce that are specifically implemented in your state.
• You must consult to an experienced attorney to have a relevant guidelines about each court proceeding followed as per your divorce case.
• You should ensure that all information and details should be transparent with your attorney to avoid any confusion or complication in further stages of the process.
• All evidences should be collected in a fair and legal manner.

A divorce involving a cheating spouse is an emotional and devastating experience. Once the spouse comes to know about the betrayal behavior of the partner, the situation leads to intense arguing, fighting and an emotional trauma. In most of the cases, it must be independently proven and requires a lot of investigation. The spouse who has been accused of adultery also may contest the grounds for divorce. The legal issues surrounding adultery and divorce are different depending on the state with jurisdiction over the divorce case. 

Divorce Petition

The divorce process is initiated when a document known as the "Original Petition for Divorce" is filed with the local court clerk. This document is also called as a "Letter of Complaint" in some states and only after this letter is issued, divorce is possible. The intention of filing a divorce petition is that the petitioner requests the court to grant the divorce and grant any relief that the petitioner feels is due to him/her. This document includes all the information regarding the problems the person is facing, the terms and conditions on which the divorce would be taken and information of the financial standing of the spouses.

This document comprises of the following basic information:

• Identification of the parties and children, if they have any
• The reason for divorce (in several states, this reason is "incompatibility" or "irreconcilable differences")

The partner who files the divorce appeal is termed as the "petitioner", whereas the other spouse is termed as the "respondent" or "defendant."

After submitting the plea with the court clerk, the next step is to serve it to the respondent. The respondent is offered 30 days to file a response to the appeal from the date of service. During these 30 days, either partner may request for protective orders, restraining orders or temporary orders related to alimony and child support.

The usual information that is present in a divorce petition is as follows:

• Сourt name
• Case name
• Case number
• Name, date of birth, email address, residence address, mailing address, telephone number of work and home of the petitioner as well as the respondent
• City and state where the marriage took place
• Date of marriage
• Names and dates of birth of children born in the marriage
• Is the wife pregnant as per the knowledge of the parties?
• Does the husband or wife own real estate individually?
• Do the parties own real estate jointly?
• The cause of divorce
• Number of Children

Parental rights and responsibilities: The duties that the parents have to fulfill.

Custody: Child custody is given to the person who best deserves it and can take care of the child in the best way possible. The final decision is in

the best interest of the child.

Legitimization

Paternity

Domestic relations

Domestic violence

Juvenile

Adoption

• Does the petitioner wish temporary court orders regarding any of the following:

Use of family home

Alimony

Use of personal property and payment of debt

Parenting plan

Child support

• The petitioner demands final orders for the following:

Alimony

Child support obligations for any minor children

A parenting plan that describes the parental rights and responsibilities of the partners related to minor children

Any other relief

This is followed by the signatures of the petitioner and petitioner's attorney. The name, address and phone number of attorney are also written. Lastly, the signature of the Notaries officer is provided. After completing all these things, the partner can send the petition to the other partner on his house address. Later on, the other party responds back to the petition sent to him. This can be a yes to the terms and conditions or a no. if the decision is not acceptable; a counter petition is filed against the petition making the case a contested one.

Divorce Counseling

Nowadays, when one gets news regarding any breakup of marriage; it seems like a common occurrence. However, the emotional experience is quite traumatic. Therefore, many people find it difficult to handle. Divorce counseling is a chance for such people to manage their emotions and practical matters after a dissolution of marriage.

What is Divorce Counseling?

Till date, no training manual has been developed that precisely states how to deal with the loss of a married spouse, and how to develop the skills that are mandatory to deal with life as a single person. But, there is a set of techniques that can help a spouse to go smoothly through a court procedure. Such type of assistance includes such tact and techniques to assist the person to overcome the negative feelings during termination of marital relationship. It is psychological therapy that is designed on the basis of some behavioral theories and principles.

The Requirement of Divorce counseling

If the spouses are going for a mutual separation, the degree of mental problems and intensity of the problems may be less. But, a contested case or unsolvable conflicts lead to bitterness and anger. So, the spouses going through such procedures are in need of divorce counseling.

It is very essential to know that you require some guidance during this period. You can ask yourself following question to recognize whether you should opt for a help regarding your case or not -

• Are you afflicted with a feeling of worthlessness?
• Do you believe you fail to let go the negative feelings in your mind?
• Is this your first experience in life to be on your own and you are completely unaware of where to begin?
• Do you wonder whether you would be really happy again in life?
• Are pessimistic about having some other person in your life?
• Does the uncertainty of the future paralyze you?
• Do you suffer through the problems like depression or frustration?
• Did you feel frightened of the circumstances recently?
• Do you feel lonely and helpless when you are dealing with routinely matters?

If you find yourself involved in any of the above, then the solution is to undergo divorce counseling. Fortunately, in the United States the counselors offer services over the telephone. This enables therapeutic advantages of an in-office appointment without the discomfort of travel and other inconveniences. Both individual and group discussions are possible in this manner.

The objective of divorce counseling is to provide assistance to overcome the anguish of loss as economically and quickly as possible. Some other advantages are as follows -

• It assists the spouse to identify the true reactions and express them in a right manner.
• It helps the divorcing partner to develop a strong and positive mindset towards the whole procedure and the life after that.
• It prepares the person for the upcoming challenges in professional and personal life. Also, it creates a sense of responsibility towards children and their needs.
• It teaches to use the psychologically proved techniques to manage the negative emotions and inbuilt a positive attitude.
• It opens up the individual and helps him/her to deal with all types of situations.
• It incorporates some essential values like self-support, self-dependence and confidence in an individual.
• It helps you to maintain dignity and respect in relationships. Some people may run from the possibility of involvement in new relations because of previous bitter experiences. In this case, emotional assistance helps them to believe in the new relations.
• Divorce counseling teaches the parents of minor children to handle their kids in a correct way. It helps them to understand the mental conditions of the children after divorce. Thus, they can provide support and care to their children whenever there is a need.

How to Choose a Counselor?

While selecting a counselor for yourself, you can check the following things -

• A counselor should have an authorized permission to handle the clients and to provide assistance.
• You should feel comfortable and secure while dealing with a counselor. It is important to check the client base of him/her to have an idea about the working style.
• A person who is providing guidance must have relevant and authentic knowledge about the subject. This individual plays an important part in your case. So, check whether you can rely on him for the most confidential matters.

These are some guidelines about divorce counseling and its various aspects. After going through this process, a person is able to rejuvenate and face the personal problems efficiently.

Contested Divorce

Divorce can be an excruciating process as the partners have to end their relationship and move ahead in life. It is not easy to part ways from the person you loved at one point of time and ending the relationship because of mere misunderstandings is not the right thing to be done but sometimes the problems are so many in a relationship that parting ways in the only solution to get rid of a painful relationship. Contested divorce is the form of divorce in which the ex-partners fight with each other in the court in order to get things sorted out. Proper division of things is done so that no problem occurs in the future. A lawyer is hired so that he can counsel them both and find a convenient solution for them.

Some of the issues that are contested in a divorce proceeding of a contested divorce are as follows.

• Custody of children
• Child support
• Whether alimony should be paid and how much?
• Who should you repay the debts?
• The distribution of the acquired assets

All these conflicting issues increase the time and money needed for the divorce. The more the number of issues that are in dispute, the more complicated the divorce becomes and the duration of the divorce increases. When any person embarks on a contested divorce, he/she must be ready for an exhaustive financial and emotional drain.

It is acknowledged that a contested divorce has begun when the below mentioned procedure is complete.

• One of the spouses files a petition for divorce as this is the first step of taking divorce.
• This petitioner serves the other spouse with the divorce papers via a third party or a sheriff or by mail.
• The service of the divorce papers implies that the divorce can be contested or the various issues in the divorce can be contested.

The spouse who gets the serving of the divorce papers is called as the Respondent or Defendant. Generally, this respondent is given a time period of 30 days from the date of service to provide a response to the divorce papers. In the given time the partner has to respond back stating his agreement or disagreement regarding the case.

In any divorce case, the spouses seeking divorce have an opportunity to talk with each other and settle the terms of the divorce amicably. If they fail to do so, they have to approach the court. This now becomes a contested divorce case. The judge decides how the various issues must be addressed. The future of these spouses is completely in the control of the legal system.

Lawyers play an important role in this sort of divorce. They are actively involved in a process called as Discovery. This comprises of demanding financial records, tax returns and bank statements of the other spouse. The lawyers also interview the client's friends, coworkers and if essential, the children and their teachers and coaches. An attorney should be kept in loop before taking any major decision as they have the complete knowledge about the laws prevailing in the state.

Those couples who decide to attend a trial need to wait for even 12 months to obtain a trial date. When this date approaches, the lawyer makes the essential plan for testimony of the client. In a highly contested case, it is recommended not to represent self, but to avail the services of a lawyer.

Divorce Proceedings

Divorce is a legal termination of marriage. With changing time, the rate of divorce has seen a leap in most of the countries, especially in the US and UK. Divorce in the United States is ruled under the province of state government and not the federal government. Divorce laws in each state varies from the other in this country. Divorce proceedings involve several steps starting from filing a petition for divorce at the family court of law. The legal process of divorce may also involve settlement of issues regarding alimony, child support and custody, property and asset distribution and debt division, concerning the end of the marriage.

The major reasons cited for divorce in US are early marriages, lack of communication, financial conflict, conflict of opinions, interests and personal preferences. US allows divorce with no-fault and at-fault basis. A divorce may be a contested or an uncontested one. In recent years, do-it yourself, collaborative or mediation process have become quite popular options.

Steps involve in a divorce process

Divorce proceedings are initiated when a married person seeking for divorce procures the right paperwork, inclusive of the petition for divorce. Depending on whether this person is filing individually or jointly, different states have different forms. All essential forms must be filled and filed in the appropriate county court. Some states prescribe some waiting period to begin the divorce proceedings. The following steps are usually followed in US in getting a divorce finalized. However, each State may also include few specific process pertaining to their set laws. The usual steps followed are:

• The "Original Petition for Divorce" is filed with the Family Law Court by one of the spouse.
• If both parties agree on key issues of property and debt division, support and child custody, alimony, the divorce gets finalized without a trial. While, in case the parties can't come to an agreement, the court sets a time for a hearing, usually some time in the future
• After filing of the divorce papers is complete, the court might issue temporary orders that are enforced till the finalization of the divorce. On the Temporary hearing date, the judge will make temporary child custody, support and restraining orders
• The next step is to engage in the discovery process which is an exchange of information of the personal and financial positions. Some of the formal devices used in discovery are as follows:

Document production: Both the spouses make the documents pertaining to the marriage, the divorce, incomes and separate property available to the other spouse

Interrogatories are questions asked to a spouse to know his/her version of various facts and how he/she would support his/her demands

Requests for admission comprises of a process in which a spouse agrees to or refuses certain facts

Depositions are sworn statements. A court reporter makes a transcript of the answers given by a spouse to a lawyer

• After the discovery is completed, the parties and their attorneys will discuss settlement of the case. The parties and their attorneys may attend mediation. If the case is resolved by agreement, one of the attorneys will prepare a Decree of Divorce

• The decree of divorce will be signed by both the parties, followed by the judge. It includes a detailed information on the agreements the couple will settle on issues like child custody and support, alimony and the division of the couple's property, assets and debt

• If the parties do not reach a settlement agreement on all of the issues in the case, a trial will take place. Here, each party will be able to put on witnesses, cross - examine the other side's witnesses and make closing arguments. The judge will hear both sides of the case at trial and will then come to a decision

• After the trial has concluded, the Decree of Divorce will be prepared. This is the document that contains the court's orders. When the Decree of Divorce is signed by the judge, the case is concluded

Opting for help in divorce proceedings

It is possible to file for divorce without the services of a lawyer. However, if the person is not sure which forms are to be filed or the custody of his/her children is in dispute or there are considerable assets to be distributed etc, it is recommended to take help of a lawyer. A mediator or arbitrators may also be appointed to help resolve issues and get proper guidance.

With increasing use of internet, there are various online options to help the divorce process complete with ease. One may find all necessary information regarding laws, rule, forms, contacts of lawyers, lawyer firms, various divorce forums, groups, etc. online to help a person who is considering or going through a divorce. Several post-divorce assistance are also available online.

Divorce proceedings in US is quite complex. Before filing for a divorce, one should be fully aware of their respective state laws. It is to be remembered that one should have a complete understanding of the rules and processes that are being followed. An attorney can help complete a divorce process by following the required legal formalities in view of the rights and interests of both parties.

International Divorce

Couple getting divorce may be staying in two different countries and opting for an international divorce may prove to be the best option for them. Today the world has become a small place; the couple may get married in one country, then stay in another country and finally think about getting divorced when they are staying in some other country. Even though globalization has brought the world together, the divorce laws in every country vary. In the United States, the divorce laws differ in the states as well as in the counties. Hence, when a couple stays in different countries they prefer opting for an international divorce.

When a married couple in the U.S. thinks about getting divorced, they would look for a local divorce lawyer who has thorough understanding about the legal divorce laws in their county. It is essential for the divorcing partners to fulfill the residency requirements and obey the waiting period as per the court orders. For couples staying in different countries, it is difficult to fulfill all the rules related to divorce in any county or state. The people opting for such divorce need to get assistance from law firm that deal with international divorce. Such firms have thorough knowledge about managing such divorces. The team at such firms would first understand the divorce case of their clients then provide correct guidelines after doing adequate amount of research. The lawyers consider the assets of their clients in multiple jurisdictions, residency issues, residency of more than one country or concerns related child custody.

One of the reasons why people opt for international divorces is to safeguard their privacy. The US divorce documents are dispatched to any US resident, if he/she is interested in the information. The documents are a public record. For example, banks may demand these documents. On the other hand, people having an international divorce have some amount of control regarding who is viewing those documents.

Another reason is the duration essential to obtain a divorce. In the US, couples have to wait for several months after which, the judge grants the divorce. Also, the terms of the divorce are decided by the judge. In this scenario, an international divorce is a viable and fast option that does not have the above mentioned drawbacks.

Some of the hurdles in the road of international divorce are as follows:

• If the spouses are presently residing in different nations, it becomes impossible to fulfill residency requirements
• The individuals seeking separation might lack money to travel from one country to another for attending the trial on court dates
• If any individual is a military member, he/she might not get time off work for this sort of travel

The solution to problems akin to the above is an 'offshore divorce.' This is the quickest and easiest method to terminate a marriage. The procedure of this sort of divorce is as follows.

• The person seeking an global divorce must establish contact with a reputable law firm that specializes in this sort of separation
• On the basis of the circumstances of this person, the law firm would suggest a country wherein the divorce would take place. Some of the options are Guam, Hispaniola, the Dominican Republic and Haiti
• The person must discuss the advantages and disadvantages of a divorce in each of the above countries with his/her separation lawyer
• After the person selects a country wherein the divorce would take place, the law firm informs this person of the relevant documents essential for the divorce
• It is the responsibility of the law firm to arrange the court date and hint the person about the following points
  • When the person should arrive in this nation
  • When the person would be divorce
  • The person must reside in this country for what duration
• Depending on the services of the law firm, airfare may or may not be arranged for the person
• The person needs to hire a business service for issues like accommodation, ground transportation and other details. In 2009, these issues were solved for 2,000 to 5,000 USD
• In an offshore separation, only one spouse is required to travel to the nation wherein the divorce hearing would take place

One needs to understand the various aspects related to international divorce before opting for one. It is important to get information about such divorce through various sources. It is vital to understand the pros and cons of such divorce. One can get more information about such divorce from law firms that handle international divorce cases. It is vital that divorcing person discuss their case with the lawyer and understand the international divorce laws before he or she opts for it.

Divorce Child Support

A divorce is a life-changing decision that affects the life of the parents and their children to a large extent. When parents chose to split from each other, the whole family is broken. This decision affects the financial condition of the family also. It is a known fact that members of a broken family have to bear more expenses as compared to members who live together. In the context of a divorce, a divorcing couple has to spend much, and thus they find it difficult to bear all the expenses. If there are children from the marriage, one parent has to pay for the child support. If the partners are not able to decide the amount and method of payments of the support, they have to take the help of court. The state court will take the final decision regarding divorce child support and the parents have to abide by the guidelines accordingly.

Some pertinent points

Every state in the US has chalked its own guidelines related to child support. As a result there are some state-laws variations to these laws. Some of the common factors of this matter are elaborated here:

• Divorcing partners can attempt to make child maintenance an uncontested one. They have to reach to a mutual agreement, and if this agreement is accepted by the court, the partners can act accordingly without any legal hassles. This agreement must be made a part of the Marital Separation Agreement.
• If the parents are unable to reach a consensus , the court will interfere and issue the child support orders.
• The non-custodial parent will be ordered to make a direct payment to the other parent. This payment is made to bear the expenses of the basic necessities of the child.
• The conditions of the child maintenance are subjected to change at certain times. For example, the necessities of the child may change along with the passage of time. During such times, the parents can file a petition in order to make the required changes in the support order.
• When the child reaches maturity, the non-custodial parent need not make the payments anymore. This is also true in case of the death of the child.
• A court having the proper jurisdiction can order this type of support. The court should have personal jurisdiction over the individual who will pay for the maintenance amount.
• If a valid support order is entered, the particular state where the case is fought, will continue to have the power to order child subsidy.

Expenses included in Divorce Child Support

The payment of child subsidy amount should suffice for the following expenses of the children:

• Medication
• Education
• Clothing
• Shelter
• Food

Accordingly, the court dwells on the following issues while deciding this award:

• The custodial parent's earning ability
• The paying capacity of the non-custodial parent
• The child's age: Older children would need more money as compared to infants and young children
• The requirements of the child: A healthy child is in need of less money as compared to a mentally disabled or sickly child.

How to calculate Divorce Child Support

A common method of computing child subsidy is as follows:

• First, the gross monthly income of each parent is found out.
• The following deductions are made to the above value:
  • Child support and spousal support paid to a third-party
  • Medical insurance disbursed to the child
• The value obtained in this way is the adjusted income.
• Each parent's adjusted income is divided by the combined gross income. This will yield the percentages of each parent.
• The guidelines table of the relevant state is referred to and the basic child support amount is found out.
• The following values are added to the above amount:
  • Educational costs
  • Extraordinary medical costs
  • Work related child care costs
• This amount is called the total support obligation.
• The total support obligation is multiplied by the percentages of each parent. The two amounts so obtained are to be disbursed by each parent.
• If the parents share physical custody of the children, a different method has to be used.
• The amount obtained by such calculations is rebuttable.

All the information mentioned above will help you in order to understand the general aspects of your case. 

Divorce in America

 Divorce is a legal term that denotes the end of a marriage. It is also the end of all duties and commitment between partners. The procedure is carried out on the basis of family laws. The laws differ from state to state, according to their specific requirements and preferences. The legal process of separation between two married individuals in America has many aspects such as social, economical and cultural issues. Following is a brief analysis about divorce in America.

The Causes of Divorce in America

The process can be taken on various grounds as per the Federal law of the country. There are number of causes that are explained in the family law. Some of them are as follows:

• Infidelity of the partner: This is one of the common reasons to get separated from a spouse. If a partner is having intimate relationships outside marriage, it is considered to be adultery conducted by that person.
• Mental harassment and physical violence: Any kind of violence, whether it is physical or emotional, is considered as a legal cause for dissolution.
• Criminal background of the spouse: If a person has been cornered and arrested by law for a felony or any serious crime, the other spouse can opt for the legal process for ending their marriage under this circumstance.
• Desertion or long-term separation: A person may be willingly staying away from a partner for a long time. In this case the other spouse has the right to apply for dissolution.

Apart from the fault grounds, legal separation may be granted on 'no-fault grounds' as well. That means a person can get separated from a partner on the ground of breakdown of marriage and major differences. A ' no-fault' case can be obtained without proving any partner guilty in the court.

The Types of Divorce in America

Divorce can be of many types. The type of dissolution completely depends on mutual relations between partners, cause for separation and present situations of the family. If partners are on good terms, there are chances of an uncontested case. If the partners are going through major conflicts, then a contested case is inevitable. Following are some kinds of legal processes that a person can opt for:

• Contested case: This type of dissolution involves a lengthy court procedure that is represented by lawyers for both the parties. Important issues like alimony, spousal support, parental support are fought over with the help of attorneys. The court gives a final decision after hearing a case.
• Mutual dissolution or Uncontested case: This is a separation that is taken by mutual agreement between the partners. The separation related matters are solved through discussion and by submitting the agreement in the court.
• Collaborative dissolution: This type of dissolution is carried out on the basis of collaborative laws. There is a four-party discussion over all the problems between couples and the solutions are concluded at the end. These solutions are then submitted in the court to get a final order on marital dissolution.

Some statistics related to Divorce Rate in USA

In America, there were 4.3 million adults who were legally separated till 1970 and this number escalated to 17.4 million by 1994. Another study indicates that in 1970, 3 percent of all individuals, who had completed 18 years, were separated. This number also soared to 9 percent in 1994.

It may be noted that the separation rate in the United States changes depending on the race, amount of income, region and religious beliefs. In 2002, it was observed that the divorce rate for Hispanics was 7.6 percent, for African-Americans it was 11.3 percent and for whites it was 9.8 percent.

The Effect of Economical and Religious Conditions on separation

The possibility of separation on legal basis within 10 years of marriage was more in households, which had a total income of less than 25,000 USD, than the higher income group. The sum of spousal and child support grossed to 40 billion USD in 2002. This amount was disbursed by 7.8 million Americans and out of these, 84 percent payers were male. As far as religious beliefs were concerned, the 'Bible Belt' states demonstrated some of the highest rates in the nation.

Statistics Regarding Children

Regarding children, the following facts concerning split between spouses were obtained after a survey:

• The children who resided with never married mothers exhibited a greater risk of speech defects.
• The children who lived with formerly married mothers had a 50 percent greater likelihood of suffering from asthma during the preceding 12 months.
• The health vulnerability of children of separated parents was 20 to 30 percent more than those residing with both biological parents.

In 2003, 56.2 percent custodial fathers and 43.7 percent custodial mothers were either divorced or separated.

The percentage of children in America that were raised by both biological parents was 63. This is the lowest statistic in the Western World.

Thus, this is a brief introduction to the divorce rate in America.

Divorce Legal Advice

Divorce consists of not only a blend of several emotions but also many legal aspects. It is one of the toughest phases in one's life. As a consequence of these facts, a majority of couples seeking divorce desire that the divorce procedure to terminated quickly. Generally, no fault divorces are granted within a short time. If the spouses do not have any grave claims regarding the shared assets and/or child custody, a quick divorce is possible.

Online Divorce Legal Advice

Nowadays, a number of people utilize online legal advice services. Some websites enable the spouses seeking divorce to do the following.

• Search information
• Ask their divorce queries online
• Download the divorce documents relevant to the specific case and fill in those
• There are free divorce forms, papers and kits on the Internet. These increase the awareness of the viewer

The use of online advice is to save money and time. The divorce process does not become very long and stressful.

Cheap Divorce Legal Advice

This can be accomplished by one of the following methods.

Searching for Cheap Divorce Lawyers online

The person can compare the services and prices of various lawyers. He/She can go through reviews about these lawyers of the past clients. By doing so, the person can decide which divorce lawyers have been successful and do not charge a gigantic fee. In order to begin this process, the person must type 'divorce lawyers' followed by the city name or state name in the search bar.

Legal Aid

If a person does not have the financial resources to hire a lawyer, he/she can approach Legal Aid. This person can also try to locate a lawyer in this program that is ready to perform pro bono work for him/her. This is particularly required when the marriage is turning out to be perilous for the person or the safety of the children is endangered.

Using a Recommendation

It is a good method to ask some friends who have undergone a divorce for some feedback about inexpensive divorce lawyers. It is generally observed that most of people do not think twice before recommending a cheap and good lawyer.

Settling issues between the partners

The partners seeking divorce must realize that they must try for an uncontested divorce as it costs less than a contested divorce. An important divorce legal advice is that the spouses should try to reach an agreement regarding the assets, property and other divorce issues. In such a case, the lawyer would only have to file the essential paperwork and he/she would charge only for this service.

Divorce Custody

A legal procedure, by which a marriage is completely terminated, is known as 'divorce'. It is a legal process that involves many aspects about the marital property and division of family. The couples, who are having minor children at the time of separation, go through the divorce custody issue. It deals with the actual guardianship of the children after the termination of marriage. There are many spouses who opt for a litigation to solve this matter.

Divorce Custody Laws

In the United States, the laws pertaining to this matter are presided over by the individual states rather than the Federal government. Accordingly, all the fifty states and the District of Columbia have drafted their own set of laws. Though the details of guardianship requirements and preferences of the court differ, the basis of all state laws is the same. All fifty states have adopted 'Uniform Child Custody Jurisdiction and Enforcement Act'. This act talks about the legal provisions and requisites for awarding a parenting responsibility to a parent. The utmost priority is given to the 'best interests of the child' according to this law.

The Factors determining Child Custody

It is seen that most parents get engaged in long-term disputes over who gets the legal rights over children. Sometimes, parents do come to a conclusion and form an agreement which states the particulars of child's requirements, monitory obligations and spending time with a child. But, if parents fail to reach to a mutual accession, the court determines the guardianship by taking following factors into consideration:

• The age, health and mental condition of the kids involved in the procedure.
• The relationship shared by each spouse and the child. The quality of such relation and level of understanding and support provided by the partners.
• The physical and mental capability of each parent related to child upbringing.
• The readiness of each parent to accept and nurture good relations of the kid with the other partner.
• Economic resources and future plans of both spouses. The capacity of each one to provide for the educational, medical and other requirements of a child.
• Any history of abusive or violent behavior of any parent. The possibilities of potential danger for the little one in such environment.
• If a child is mature enough to make a preference, then his/her choice related to parenting.

Apart from these factors, the court may order to conduct an investigation by a legal or psychological expert. It is called as 'custody evaluation'. This person is permitted to collect the testimonies of parents, child and other relatives. The judge may look up to such valuation as guidance for awarding a guardianship.

Types of Divorce Custody

The main options in case of child guardianship are sole responsibility and joint plan. Following are some of the important types -

1. Shared parenting plan: If parents are in contact with each other, they may go for this option. This is a joint responsibility of parents. They may have a kid alternatively with them and decide about the upbringing together.
2. Single guardianship: If a parent is found ineligible for handling the whole responsibility is awarded to only one parent. That spouse is completely responsible for nurturing the child.
3. Legal rights: A person may be awarded only the legal guardianship of the kid. It implies that such person is responsible to take decisions about development issues.
4. Physical guardianship: This implies that one of the partners has legal rights over the child, and the other has physical duties. It includes taking care of routinely needs and supervising the development.

Visitation and Divorce Custody

Visitation rights are given to a parent who is not allowed to have physical or legal guardianship. A non-custodial spouse has the permission to visit the child according to the schedule approved by the court. Such schedule can be made out of discussion of parents. Otherwise, the court may determine the timings. A spouse is permitted to spend time with children on holidays, weekends and vacation slots. There are many different types of visitation. Following are few of them:

• Supervised meetings - The parent will be supervised during meetings by a third party who may be related to a family or a part of legal system. Such types of visits are preferred when that spouse is known to have a violent or criminal background.
• Restricted visits - The custodian may request the court to restrict the timings and frequency of visits of another partner if it is affecting the routine of children in a bad manner.
• Normal visitation - If both parents are fit for handling the kids and their upbringing, such type of visitation is possible. The court may permit for night-outs or more time with the children in this case.
• Visitation in alternative turns - If parents are sharing the guardianship, such type of schedule is enforced. In this schedule, a spouse will have turns for meetings, while the other spouse is performing the duties of a custodian.

Divorce Alimony

Divorce brings about untold misery and suffering not merely to the couple involved in the institution of a marriage but to all those who are involved through the institution, that is, especially the children. However the modern distractions are so many that even without thinking twice, in modern times, the partners are willing to call it quits and go for a divorce. A number of reasons have been cited for this recent havoc, the first being the lack of quality on the part of the spouses to devote to each other or for the other issues at home, as a result of which it is seen that many families are torn apart. The second cause has been suggested to be the independent attitude that the women of the modern world don, which makes them literally believe that they are in no way inferior or less than the other sex, and which also has made them ignore the need of the man in their lives. Women, these days feel and know that with all of their financial independence they are in a position to take care of their needs of daily life, as well as look after the requirements of the children, without actually depending on their better halves for any financial assistance, a fact which cannot be denied to some extent. However, what most of the divorcing partners fail to realize is the need of both the parents in the growing years of the children. But once agreed for a divorce, at times it is found that one of the partners is not in a financial position to take care of his or her daily needs of life, and in this case it is mandatory, according to the rules of divorce in most of the states, that the financially independent partner hands over a sum of money in the form of divorce alimony to the other person. Hence, Divorce Alimony is the money disbursed by the higher income spouse to the lower income spouse post divorce. It is also called as "maintenance" or "spousal support" in a few of the states in the United States of America or in a few of the nations throughout the world.

IRC (Internal Revenue Code) 71 has set down several requirements regarding spousal support that must be satisfied. These are as follows.

• If the couple seeking divorce files a joint tax return for a particular year, the spouses cannot claim spousal support for that year.
• If the recipient spouse dies, the payments must be terminated.
• If the spouses are staying in the same residence, spousal support cannot be disbursed. This includes residing in different wings, different bedrooms and separate quarters in the same residence. It is mandatory to live in separate houses having separate roofs.
• The divorce alimony payments must be mentioned in the divorce or written agreement. Thus, if one partner has been paying informal support for the previous few months, he/she cannot claim that he/she has been disbursing spousal support for that period.
• The payments have to be in the form of cash. However, checks or money orders are also accepted. On the other hand debts, property or services are not.

A couple intends to get divorced as they don't wish any ties with each other. However, divorce spousal support can keep the spouses tied with each other for the entire life. It has been observed that although the divorce is amicable, the issue of spousal support ignites the relation.

Marriage and Divorce

Marriage is a term used to describe the social and legal union of two individuals. A marriage of two individuals can be arranged by their family or the couple in a relationship who might have thought of taking their relationship further and proving their commitments towards each other. There may be several reasons for two individuals to get married such family obligations, protection of children from the relationship, making a legal commitment, arranged marriage, religious reasons, pear pressure, legal protection etc. Once a couple is married they are bonded by legal obligations. If the married couple want to move apart and live separately, then they can live separately but they are still considered as husband and wife until they get a divorce. Nowadays, marriage and divorce are two common terms that are linked together, as most of the marriages in the U.S.A. end in divorce.

In the U.S.A., more than 90 percent of the population marries before their 50th birthday. A healthy marriage is conducive not only for the physical and mental health of the couple but also their children. A content home ensures proper social and educational progress of the children. Most marriages take place with the consent of the couple, when they decide to spend the rest of their lives together. A marriage can work if both the partners respect each other and take necessary efforts to make the marriage work. Once the married couple have kids, they are responsible for their well-being.

Divorce is the legal term used to refer to end of marriage. There are several reasons for which the couple or one of the partners might decide to end their marriage. The reasons may vary from irreconcilable differences to domestic violence. In the U.S.A, approximately 40 to 50 percent married couples opt for divorce. For subsequent marriages, the divorce rate is still more. During the divorce proceedings the divorcing partners need to bear financial and emotional stress. They need to resolve several issues related to children, property, assets, and liabilities. As per the divorce laws in different states the acceptable grounds for divorce vary. The person filing for a divorce needs to file the papers under any of the acceptable grounds of that particular state.

Divorce is different from legal separation and annulment. When the couple opts for legal separation, they can live separately but they are still considered as a married couple. They cannot get married again. To regain the single status, they need to get a divorce. During divorce various issues are sorted out such as alimony, property division, debt division, child custody (if the couple have children from this marriage) etc. Divorce is different from annulment. In annulment, it is considered as if the marriage never took place.

It has been observed that individuals opt for divorce for genuine reasons. Twenty to thirty percent of divorces are due to domestic violence. Divorced and separated women are 14 times likely to reveal that their ex-husbands exhibited violent behavior with them. The other reasons of divorce are drug abuse, alcohol consumption, irreconcilable differences, felony conviction, confinement for certain duration in a mental hospital, abandonment, and infidelity. However, there are some couples who use the provision of 'no fault divorces'. In some of these cases, the couple is aware of the problem between them, but they mutually agree not to disclose it. Some states accept only no fault divorce as the ground for divorce. This ground help to reduce the financial burden that the divorcing couple has to bear during the proceeding of the divorce.

The divorce may be granted as per the grounds acceptable in the state where the person files for divorce. As per recent analysis, major reasons for divorce have been noted. Lack of commitment and infidelity are one of the major reasons for divorce. Over the period of time, differences may grow between the married couple and one or both the partners may have an extramarital affair. Lack of communication is growing between married couple as life has become demanding. While balancing different aspects of married life, one may end up not communicating their concerns with their partner, leading to misunderstanding which might further grow up into arguments. Alcohol or substance abuse is another noted reason as the cause for divorce. With growing stress and demand of life people tend to get addicted to alcohol or drugs. Such behavior causes several set back in married life. Nowadays, people are more obsessed about career goals. During the course of marriage, if the couple feels that their personal and professional goals do not match, it may lead to divorce. Sexual, physical, and emotional abuse is unacceptable, as marriage is a sacred bond and no one is allowed to bear any such insane behavior. The person bearing sexual, physical or emotional abuse opts for a divorce.

Collaborative Divorce

A divorce is a painful decision for every person who is going through the process of ending a marriage. Divorce can have long-lasting effects on the personal life of an individual, psychology of children and professional career. It can also affect the financial status of the person in an adverse manner. If the process of divorce is a contested one, there is lot of expenses and wastage of time. To avoid these harmful effects, some alternatives for regular dissolution are chosen by the couples. A collaborative divorce is one of the options.

The collaborative divorce can be explained as the dissolution of marriage that is carried out by discussion between partners. It means that the marital issues are resolved by a simple process without involving the court. It is governed by a separate collaborative law which was introduced in the 1980's. When a couple chooses to have a collaborative divorce, it comes under the jurisdiction of this law. A couple has to submit the agreement stating their consent to this procedure of divorce.

The important points of collaborative divorce

In a Collaborative Divorce, the divorcing or separating couple takes the help of the lawyers to negotiate an outcome that is perfect for both. This is a respectful, cooperative and dignified procedure. It is expected that there is a free and voluntary exchange of information along with a pledge not to attend court.

In a Cooperative Divorce Process, the partners do not make use of threatening language. In the presence of their children, they do not speak negatively regarding one another. The partners are committed to reach a resolution that acknowledges the interests of both the parties. It is expected that the partners will disclose the true and clear information about their financial and other conditions. Thus, this divorce process is possible only if the partners agree to these conditions.

Advantages of Collaborative Divorce

• This is a private process: The process is conducted in the presence of four parties only. That means the discussion is held with the divorcing couples and their lawyers. These lawyers are expected to be neutral throughout the process and they are not allowed to represent any of the parties.
• There is a non confrontational ambiance: There is comfortable atmosphere provided by the lawyers to help the partners to discuss the things in a comfortable way. There is no need to blame or prove the faults of any party. So, the less mental disturbance for the partners is a benefit of this process.
• No need of court filings: There is no requirement of filling forms and petitions once the divorce is converted into a collaborative case. The partners have to submit the final agreement only. Thus, court transcripts or hearing are unnecessary in this matter.
• The control of the process: In a contested process, the ultimate decision of the court is mandatory for the partners. But, in this type of divorce, the control of the final result lies with the partners only
• The hostilities between the participants lessens: The collaborative divorce helps to reduce the miscommunication between partners. It helps them to build a mutual and understanding relation even after a separation. It is helpful for their children as it lessens the mental problems of the children.
• Good relations with children: As the partners have a respectful and dignified approach towards one another, the children are presented an exemplary model. The children learn a lifelong lesson how to settle conflicts in a constructive mode. It also helps them to continue the same respect for both parents
• Development of a parenting plan: In the process of collaborative divorce, the parents are assisted by child specialists to develop a suitable parenting plan which will be favorable for children. Thus, there are chances to obtain what is best for the children
• Help in planning the life after divorce: Because of the cheaper process and effective results, the collaborative divorce helps the partners to save their money and energy. Thus, they can plan for a life in a better manner even after separating from each other

The procedure for collaborative divorce

As mentioned above, a collaborative divorce process starts once the partners enter into participation agreement. Then, the lawyers and partners try their best to arrive at satisfactory conclusions. Assume that the divorcing partners have hired two lawyers for the collaborative divorce process. Then, the partners have signed a participation agreement that they would not approach court. However, the process fails and they cannot reach a settlement. Further, the divorcing partners decide to go to court. One thing must be remembered that the partners cannot hire the lawyers of the cooperative process for the litigation. They need to find new lawyers.

Hence, a collaborative divorce is the best option for the couples who want to have a simple and hassle-free divorce. Therefore, the cases of this kind of divorce is increasing day by day.

Divorce Rights

Most of the people feel left out and lonely after they face divorce. No matter what situations are prevalent in the relationship, it is always difficult to leave your spouse and start life anew. 50% of marriages in the U.S.A are ending in divorce because couples are unable to bear each other or simply get bored of the relationship. Divorce leaves a major scar on the hearts of the couples who go through this phase, but sometimes the situations are too bad to be handled by them. Divorce has a huge affect on the mindset of the children as well, because they have to see their parents parting ways from each other. This can be a turning point in the lives of the children, and as a result they might become introvert or the reverse. Some of the divorce rights are stated below for the help of the people who are unaware of it.

In the past, common law was the basis of divorce rights. Wives were considered as personal property by their husband, and married women did not have any say. Divorce rights were awarded only in those cases in which infidelity, abandonment, abuse or severe cruelty was proved. To prove the above said things, a person was required to provide all the authentic and accurate documents in the court of law.

Now the time has changed, and there are rights that permit divorce on the basis of "irreconcilable differences." Moreover, divorcing partners can agree with each other regarding divorce issues and draft an agreement that is suitable for both. This is enforceable through the court. This type of divorce also saves time and stress that divorce causes.

Some states adhere to community property divorce claims, and according to it, the assets and debts are divided in a 50:50 proportion. Others practice equitable property divorce claims where a fair and equitable, but not essentially equal division results. In this type of division all the assets that the couple bought after marriage are divided in a manner that both the parties get what they rightfully deserve.

In case of child custody and child support also, the divorcing parents can draft a parenting plan that is acceptable to both. If this is not possible, they have the authority to undergo mediation to reach a negotiation. If not, a court judgment determines the outcome of these topics. In case the couple is unable to come to an agreement, the decision is left on the judge who decides the things after having a look at all the evidences provided by the couple. It is the duty of the couple to be present in the court during the hearing, and follow the etiquettes of the court.

The divorce legal claims allocated to the divorcing partners vary slightly as per the state. Hence, it is recommended to take the advice of a legal professional regarding these laws. One can find several options open before them to successfully complete the divorce proceeding.

Divorce Settlements

Divorce Settlements are named as settlement agreements, termination agreements or marital agreement in different jurisdictions. A divorce agreement is basically a talk between the divorcing partners on the following issues.

• Taxes
• Pension Plans
• Investments
• Automobiles
• Real Estate
• Health and Life Insurance
• Bank Accounts
• Division of Debts
• Child Support Payments
• Child Custody and Visitation
• Real Property
• Spousal Support

When the divorcing partners come to a consensus regarding these issues, it can be said that a divorce contract has been reached. These details are written in a document and both parties sign this document. If this contract is accepted by the court, the contents are incorporated in the final divorce decree.

Divorce Support

The decision to end a marriage is a critical and painful situation in a couple's life. It takes a lot of courage and self-consoling power to deal with this transition, with consequences that can last for a lifetime. At this juncture, it is extremely important to get motivation and encouragement from near and dear ones, to go through the divorce process and thereafter, plan for a positive future ahead. Getting divorce support acts as a part of the couple's healing process at the time of such a loss in their life.

When an individual is granted a divorce, the person has mixed feelings of anger, grief and depression in the post-separation phase. It is during this phase that old friends and sometimes family members abandon the company of this person. The individual then struggles with solitude. But, this is the most important time when he/she needs empathetic company to move on in life. Such an aid opens up a safe, secured and understanding atmosphere for them, discarding away the negative effects associated with separation. To be able to share feelings with someone close certainly lessens the amount of stress.

In such a condition, it is essential that this person must be given physical and mental help. However, family, friends or relatives are always not there to support the individual. Thus, in US, several supporting options are easily available as alternatives to help them feel relaxed. In order to extend this divorce support, several groups have been created. Here, people suffering the pangs of disassociation gather together and comfort each other. It gives a good feeling of not being alone in this condition. You can learn from the experiences of others who have undergone dissociation and thus, lighten your burden by sharing your feelings.

Types of Divorce Support

 

• Family, friends and relatives - A closed knit help from family, friends or relatives is the most helpful and effective way of supporting. People who actually empathize with your situation and offer good advice can give you the needful company. They should be willing to talk and be a good listener as well. They must not indulge you to talk or think negative
• Groups - There are many online and offline support groups to guide the divorced spouses. The groups may differ by the scope of objective or individual's preference to join a particular group of their choice and concern. For instance one may be interested to join a group which deals with child separation, father separation, help for men, help for women, post-divorce assistance, chats, blogs, help services, and so on
• Counseling or coaching - Counseling or coaching also has been proved to be an effective method. You can take help from a reliable a divorce coach, who can guide you through the process with information and support in all concerned phases. They help you stay balanced and deal with the transition in life positively. While a counselor will try to know you and your life since childhood till present, and then counsel you will probable solutions
• Support through financial aid - The other aspect of separation support is a financial one. Divorced spouses and children of separation are offered money, directly or indirectly, by the other spouse as per the orders of the court. This kind of support is based on each State's law prevalent in the United States. Such financial aids could be:

Child support: Parents are legally liable to provide financial assistance to the child. In most cases, the non-custodial parent pays the child support till the child graduates from high school or continue paying to a disabled child. The amount depends on several factors and method of calculation as per State laws

Spousal Support: Alimony or spousal maintenance is the payment made to one of the spouses by the other at the time of divorce. The amount of alimony depends on various factors like the length of the marriage, financial resources, education and employment, job skills and responsibilities of each party, marital misconduct, property history, etc. The maximum amount of alimony that court may award is based on State law

Property division: Sometimes, property division is also taken into consideration as a financial aid to a spouse in divorce. The property may be divided either on equitable distribution laws or community property giving a 50/50 spilt. The court orders a division of the estate in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage

 Divorce support helps an individual see the brighter and positive side of life. It aims to control the emotions and stress in life post-divorce. An end of a marriage brings with it a lot of change for yourself and the children. Thus, it is a wise decision to mark it as a new beginning and move on.

Do It Yourself Divorce

If an individual takes up the responsibility of completing and filing the legal divorce forms on his/ her own, without the assistance of any lawyer, then, such an individual can opt for a Do It Yourself Divorce. Some factors that are responsible for a person to choose this route are as follows.

• The person lacks money to disburse the fees of the lawyer
• The divorcing couple has finalized to file an uncontested divorce. They do not have any dispute regarding issues like marital assets or children. Considering all these, they do not desire the burden of additional expenses of a lawyer
• The divorcing partners have hired an attorney, but have become dissatisfied with the services of this attorney. Now, they feel they can perform a better job themselves

In a Do It Yourself Divorce, the Plaintiff must gain the following information.

• Which forms must be essentially filed? Where to obtain these forms from and how to fill those?
• Which is the proper venue for filing of these forms?
• Which modes of service are permissible in the county?
• How to present oneself at the divorce hearing?
• What is the step by step procedure of conducting this sort of divorce?

A do it yourself divorce can be considered if the spouses have no children and they both are in agreement of the divorce. It is one of the simplest forms of acquiring a divorce without you having much knowledge of divorce laws. It is also less expensive because there are no lawyers involved to complete the divorce.

However, a do it yourself divorce may not be considered if you have minor children because the arrangement of custody in such a case can be obtained only by the court. Apart from this one cannot opt for it, if any of the spouses is contesting the divorce. Besides if there are a lot of complications with reference to property distribution, bad debts or even if a bankruptcy is filed by any of the spouses, one cannot do a divorce all by oneself.

The most important thing that is to be considered when filing a divorce without any lawyer's assistance is acquiring the right divorce forms, printing them in the right format as required by the state and filing up the form appropriately. All the documents should be obtained appropriately and filed keeping the state laws in mind. One can get the documents from a local courthouse or download it from an authentic website.

Most jurisdiction are open with filing a do it yourself divorce, however, if the state you are filing a divorce does not seem friendly with filing a divorce on your own, you might as well think of hiring a lawyer to complete the necessary legal formalities. One should note that in such cases you may hire a lawyer only for the hearings to reduce the cost of divorce.

If you wish to complete the divorce procedure as soon as possible and for some reason are constrained towards time it is better to hire a lawyer to complete the divorce proceedings. A lawyer with his experience and expertise would be in a better position to grant a divorce without any delay and hiccups. On the other hand, there are greater chances of error when you are doing a divorce on your own especially if a few papers need to be filled again thus making the entire process time consuming.

Agreed divorce and divorce by default are the two kinds of divorces that be done under the do it yourself divorce process. In an agreed divorce both the spouses sign the divorce papers, and are in agreement with the divorce conditions and terms. This type of divorce is less hassle free and easy to be obtained. Both the parties agree upon property distribution and other formalities. One should also note that if there are children involved, especially minor, one cannot do a divorce on their own.

A default divorce on the other hand is done when one of the spouses does not show up for the hearing, cannot be traced or is not vaguely concerned of the divorce and its consequences. A divorce is still granted in such a case without the consent of the spouse or he/she signing the divorce papers. This is considered as a default divorce, where the spouse filing for divorce is the only active member and gets everything that is listed in the divorce papers.

Do it yourself divorce procedures are learnt by many these days because it only helps to attain a hassle free divorce, especially if it is not contested and saves a lot of money to dissolve the marriage.