The flowchart of a divorce procedure

Posted by on Jan 19, 2016 in Flowchart Of A Divorce |

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Even though a legal system itself will try everything to keep spouses away from terminating a marriage, there are situations when a divorce is inevitable. There are plenty of reasons why people decide to split and sometimes both sides really want to end the relationship, but divorce is rarely easy and simple procedure said orange county child support lawyer. It is life changing event, bringing up a lot of emotional and practical problems.

When filing for a divorce, family law gives two major possibilities to partners. When both partners agree to all the terms of the divorce, they can file a joint petition for divorce. They provide their documents to the notary, sign so called Decree of divorce and wait for the family judge to approve it. These cases are usually processed quickly and after settling all major questions and issues, the court grants a divorce officially.

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On the other hand, there are many chaotic situations when spouses are not capable of reaching a compromise without family law court interfering. In these cases, one partner files a complaint for divorce and the other one has about 30 days to respond legally. These cases are considered public record and often need to be published.  Further on, if a defendant files a response, the family law court will set a case management conference within 90 days, where spouses will discuss the matter in front of the judge. If a defendant does not respond to the complaint, the court may set so called ‘’default’’ and the plaintiff will complete a divorce without defendant’s agreement.

Before terminating a marriage irreversibly, the family court will often try to provide spouses with some advices, helping courses and measurements intended to be last attempt of saving the marriage. For this purpose, the judge may issue some temporary orders, refer spouses to some mediations centers or set settlement conference with the senior judge.

If none of this works and partners persist in their intent to separate, there are two way: either they will reach a compromise, agree with all the terms of divorce and the court will officially grant a divorce; If the parties don’t settle, the judge sets a trial and all the decisions regarding a divorce will be made by the family law court.

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When a divorce involves children

Posted by on Jan 19, 2016 in Children Protection |

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Tough and emotionally disturbing event, such as going through a divorce, gets even more difficult with children involved. Reaching just and equitable compromise between spouses about dividing of property is complex enough. Arranging custody issues and financing of a child after a divorce is completed is especially delicate area of family law.

Child support is certain amount of money that noncustodial parent, so called obligator, has to pay to custodial parent, on the account of living expenses of a child. Raising a child inevitably includes costs for food, cloths, health care, educations and some special needs. If the family court grants joint custody to parents, the expenses are divided equally.

If one parent gets custody, another one is obligated to provide periodical payments directly to custodial parent. Whether it’s going to be specific amount of money or determined percent of incomes depends on the court where divorce was completed. Boca raton child support attorney can help with arranging that.

dimo11_1_1Considering average monthly incomes of both parents, child’s needs and the estimated living standard child would have if the family didn’t break down, the court comes up with the specific amount of money for support. Most family courts agree that a parent is legally obligated only for his own biological child, up until child is 18. There are exceptions to these rules, differing from state to state.

Also, the court has right to modify primary agreement and terms of divorce referring to this subject, if some radical changes occur in the future, especially considering child’s health issues.

Although it’s kind of natural to expect every parent to do his best to secure his own child, many people neglect or even refuse to provide child support. If this happens, family court can impose wage withholdings on obligators, claim their property and subject them to many different penalties in an attempt to protect children and prevent them from being victims of parent’s broken marriage.

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Divorce laws in the United States

Posted by on Jan 19, 2016 in Divorce Laws |

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Each state in America has its own family laws governing the cases of divorce. These laws regulate a divorce procedure and the way many fundamental issues of a divorce will be resolved. There are terms spouses are obligated to meet in order to officially terminate their relationship. This varies from state to state, but some of the leading policies are similar or the same.

6b9920aa64dfd0820b3b31348fa6542dThe family law and family courts in United States distinct two types of divorce: the absolute divorce and the limited divorce. The first one refers to the cases where a marriage is irreversibly legally terminated and the limited divorce refers to the cases where the court grants terminations of common life and cohabitation, but keeping spouses’ relationship status unchanged. This separation decree, as often called, orders spouses to spent certain period of time separated, but still officially married, leaving all option for the final ending open. If partners go through this prescribed period of time separated and still want a divorce, some courts recognize conversion divorce. Conversion divorce changes the limited divorce into the absolute divorce.

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As for a minimum requirements couples have to meet before filing for a divorce, many states impose residency requirements and “fault or no fault” divorce terms. The residency requirement refers to a minimum amount of time spouses have to spend in that state as residents to get permission to file for divorce. The second term refers to some states that require one spouse to prove fault or any sort of behavior of the other partner that caused marriage to fall apart. Most of the states, though, allow spouse to file for a divorce stating only “irreconcilable differences” as a major reason.

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There are different family laws governing the way property will be divided during the divorce, depending on whether particular state applies the laws of “community property” or the law of “equitable distribution”.

All states have a minimum amount of money awarded for child support, if there are children involved, but resolving of issues regarding child custody, alimony and visiting varies from state to state.

The family courts in USA recognize contested and uncontested divorces. An uncontested are those where partners agreed on all the terms of divorce and no trial is needed, whereas the contested type of divorce asks for the family law judge to trigger a legal process and intervene in order to achieve just and equitable dissolution of a marriage. In case taht you have some concerns you can visti criminal defense lawyer merrillville.

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