The Key To Winning In Divorce Court

The rule to remember is: Anticipate and prepare. Think about what your opponent (your spouse) wants, and what he or she will do to get it. Consider their possible defenses and offenses, and then do your homework. Find information to counter what they have to say. Look on the Internet, go to the library, and find magazines and books. When you fight back you need to always back yourself up with proof. Anybody can say anything, but having facts in print is imperative.

All of this must be in the context of the law, and the law can be a brutal thing. The first time you enter a court you may feel overwhelmed. The judge's rulings may seem unfair to the point of being ridiculous. Here is an example: your ex isn't paying any child support and you receive a shutoff notice for the electricity in midwinter. You don't have a court date for another three weeks. Your attorney informs you that you must wait until your court date to get any help. Emergency orders are rarely granted. So your electricity can be shut off while you wait for your court date. You wait, hoping they won't shut it off before the court date. Then, with two days to go, your lawyer calls. Your court date has been postponed! This happens all the time. The calendars of family courts are always overcrowded. You may sit waiting through a whole day, paying your lawyer more with each hour that passes, only to be told that your case has been delayed for two weeks.

Your lawyer will know these things, but don't rely too completely on that. A good lawyer is an expert, but a lawyer is also your representative and your advisor. He or she is there to convey your case to the court. To do the job well a lawyer must know exactly what you are after. But you must have some knowledge of the law as well. Only then can you ask the right questions, and make informed choices when the lawyer presents you with options and decisions. It's essential for you to learn as much as you can about the family laws in your state. These are the laws governing marriage, children, common assets, and divorce.

Every day women suffer travesties of injustice in courtrooms. It is a bruising process. Realize that from the start. Form a thick skin. If you don't, you will be constantly frustrated and upset. I shed many a tear from frustration as my husband walked away without paying our children a dime. At each juncture I returned to a home where every responsibility was mine. I still thank God I had a family that helped me through those dark days. I often think of the women who do not have such support, and wonder how they manage.

Once again, the rule is: Anticipate and prepare. If you realize the road will be a long and hard one, you can anticipate the difficulties, and prepare with the support of your family.

About the Author:
Christina Rowe is the author of the new book "Seven Secrets To A Successful Divorce-What Every Woman Needs To Know". Find out the survival skills that will save you time, money and heartache during your divorce.For your free Secrets of Divorce newsletter go to http://www.divorcesurvivalskills.com
Submitted: 2006-09-26
Article Source: GoArticles

Joint Bank Accounts And Divorce

Here are some useful tips on joint bank accounts and divorce. If you've recently been through a divorce - or are contemplating one - you may want to look closely at issues involving joint bank accounts.

Joint Bank Account: Your income, financial assets, and credit history - and your spouse's - are considerations for a joint account. No matter who handles the household bills, you and your spouse are responsible for seeing that debts are paid. A creditor who reports the credit history of a joint account to credit bureaus must report it in both names.

An application combining the financial resources of two people may present a stronger case to a creditor who is granting a loan or credit card. But because two people applied together for the credit, each is responsible for the debt.

This is true even if a divorce decree assigns separate debt obligations to each spouse. Former spouses who run up bills and don't pay them can hurt their ex-partner's credit histories on jointly-held accounts.

Divorce : If you're considering divorce or separation, pay special attention to the status of your joint bank accounts. If you maintain joint accounts during this time, it's important to make regular payments so your credit record won't suffer. As long as there's an outstanding balance on a joint account, you and your spouse are responsible for it.

If you divorce, you may want to close joint accounts or accounts in which your former spouse was an authorised user. You can also ask the creditor to convert these accounts to individual accounts.

The creditor can require you to reapply for credit on an individual basis and then, based on your new application, extend or deny you credit.

About the Author:
John Mussi is the founder of Direct Online Loans who help UK homeowners find the best available loans via the www.directonlineloans.co.uk website.
Article Source: www.iSnare.com

"Contested" And "Uncontested Divorce"

A divorce case is contested if the parties cannot agree on every one of the issues involved in their particular situation. Common areas of disagreement include, but are not limited to: grounds for divorce, custody of the children, visitation rights, division of the assets of the marriage, child support, maintenance (alimony), payment of family debts, contribution toward educational expenses (college or parochial), payment of health insurance for the dependent spouse, income tax structuring, etc

When a divorce case is filed, it is given an identification number and is deemed by the court to be a matter that will ultimately require trial time in order to resolve all issues. Divorce cases are generally called for trial in the order in which they were filed.

A divorce case remains a "Contested Divorce" until each and every item is resolved. If, however, at any time during that period of the divorce case, the parties and their attorneys can reach an agreement on all of the issues, they can then stipulate to the court to have the matters heard as an "Uncontested Divorce" (no fault divorce) matter. When this occurs, the court will accommodate the parties to the marriage and provide an expedited Hearing in which it will hear proof regarding the grounds of the divorce and the settlement of the divorce. If the standards of the court and the law are met, the court will approve the settlement and enter a divorce Judgment on that day or shortly thereafter.

Remember that, it is usually easier to marry than to divorce, especially if the spouses who wish to do so must divide their common property as well.

Attempts to use the worldwide Web as an effective means of struggle against bureaucracy are undertaken constantly and sometimes successfully. Today it is possible to fill legal forms for divorce by divorce online legal services.

Note that Legalhelper.net (http://www.legalhelper.net/divorce.aspx) provides an easy-to-use, quick, and economical online method for creating completed legal forms from its site for your uncontested divorce (either no-fault divorce or fault divorce).

About the author:
James Wood is a free-lance writer on family issues; his main goal is to help people during their complicated period of life, to find a right legal solution in regards to family relationship.
www.legalhelper.net/power-of-attorney.aspx
wjames@legalhelper.net
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Dating After Divorce

Where do you go to meet someone new? Years ago it seemed like singles bars were the only permanent meeting place. They were open every night, but they were also pressure cookers that were often fueled by too much alcohol. Now there is another spot this is always open: the World Wide Web. The Internet provides many interesting options. As online dating has gained popularity it has shown itself to be more convenient than singles bars, with more possibilities as well.

I joined Eharmony.com. This dating service makes you fill out a lengthy questionnaire aimed at matching you and a mate. The match is made on the basis of several critical components. I liked E-harmony for several reasons. One was their policy of not posting your information and photo for just anyone to see. Your data is sent only to specific matches.

Another popular site is Match.com. Though I made no dates through them, I perused their site, and saw how they worked. They seem to have a greater selection of potential dates. At Match.com you can browse and look at available singles' pictures and profiles. You do the choosing using the posted information.

My cousin has had some success there, meeting a man, and starting a serious relationship with him. Hers is one of many Internet success stories. I know of a woman who was recently divorced and developed a friendship online with a man from Scotland. They exchanged emails and photos, and soon their feelings deepened. He sent her two airline tickets to Scotland, one ticket for her and one for a friend. Although hesitant, she went. She fell in love. After returning to the United States she felt that she could no longer go on without this man. She flew back to Scotland and they were married. By the way, he is a millionaire and they live in a castle! They just recently celebrated the birth of their first child. So you see, fairy tales do happen!

For some nothing will do but to meet someone the old-fashioned way --in person. One can stay away from singles bars, but still find people with similar interests, by joining a club or taking classes. Even if the right person isn't there, you will still have a lot of fun. The workplace can be an avenue for romance, though you must mind any given job site's rules on socializing.

Though many of us dread the singles bar, they can be tolerable, and even good places to go if you take along some friends. Go to one where there's dancing. You may meet someone worthwhile. It does happen!

Last but not least, don't be too shy about having friends or family match you with someone.

Whatever option you choose; don't get discouraged. It takes time. If you have the patience you will be rewarded with an array of choices.

About the Author:
Christina Rowe is the author of the new book "Seven Secrets To A Successful Divorce-What Every Woman Needs To Know". Find out the survival skills that will save you time, money and heartache during your divorce. For your free Secrets of Divorce newsletter go to http://www.divorcesurvivalskills.com
Submitted: 2006-09-26
Article Source: GoArticles

Thinking About Divorce Or Ending Your Relationship? What Do You Do First? Do You Know Your Options?

What is a mediator? It is a neutral person. They do not take sides and they are not there to be your marriage therapist. Their goal is to assist you by removing the drama and tension often associated with a long drawn out court battle. In fact, they are not even allowed to give you legal advice. The mediator begins, by meeting each party separately. You fill out questions and provide financial information. In addition, you list concerns over custody and parenting issues.

After the initial meeting, you will then meet with the mediator together and work out issues so that you can come up with an agreement that serves you both. That agreement is then submitted to the courts for final review usually by a judge. (States vary on this, so please check your local statues.)

The goal of mediation is to not place any blame in the marriage, but rather promote and plan for a healthy future for you, your spouse, and your children. You create the divorce agreement between the two of you with the assistance of the mediator not the courts.

Before you say, “I am not interested in doing that, I want to hire a lawyer,” you should seek consultation with a lawyer to understand your options. A lawyer can review the documents drawn up by a mediator and make changes and suggestions before it is submitted to the courts.

Have you ever sat in on a divorce trial? The answer most likely is no. Before you make that all important-life changing decision, why don’t you go your local courthouse to family court or domestic relations (whatever it may be called in your area) and sit through a morning or afternoon of court calls and/or hearings of others going through a divorce. It is not a pretty site, especially if there is a lot of tension between the divorcing parties, the lawyers, and the judge. As you view the court process, try and picture yourself sitting there with your lawyer and your spouse sitting with their lawyer. Observe the fact that these two intelligent people have hired complete strangers to argue what can become “unimportant stuff” and a court reporter is taking down every word said for the court that will then become public record. Do you really want to participate in ending your marriage that way? Some of those people in court have been there a years or more and still are not divorced. Why? Because they could not resolve their own issues during their marriage. They are stubborn, angry, or want revenge. In the end, it is the judge-another-stranger-who will decide the final outcome of who gets what and when you and your former spouse may see the children. You ultimately DO Not get to decide.

Many lawyers now offer Divorce Mediation as part of their services. They, however, are not allowed to give legal advice. They are bound by the same rules as a mediator, and must remain neutral in the process.

No matter what, it is best to consult with a lawyer before an agreement is finalized to have that person review and make any changes before an agreement is finalized.

Understanding the Benefits of Mediation in Divorce:

A mediator does not represent either party. Rather, a mediator creates a cooperative environment when both you and your spouse can work together to reach an agreement on the terms of your divorce. Both you and your spouse have the right to also consult individually with an attorney during this process. Once the agreement is reached, the mediator will write up the agreement into a document where both you and your spouse will then be able to file the document with additional court papers to obtain a divorce.

This process only works if both you and your spouse are willing to make a full financial disclosure, and if you both are willing to make a good faith effort to reach an agreement.

The benefits of mediation are:

*Lower cost because this process is less time consuming. The amount of time involved to reach an agreement varies based on the level of conflict, the number of issues and the complexity of both your finances. A typical mediation where both you and your spouse agree typically takes approximately 10 hours.

*Less painful for you children because you avoid the long court process and litigation involved with ending your marriage.

*Mediated settlements can be prepared by a lawyer or a certified divorce mediator.

*The benefit to a mediator is when you and your spouse have reached an agreement on all issues, and you simply are looking for the most inexpensive and yet professional completing the necessary paperwork to finalize your divorce.

Hiring a Qualified Mediator:

• Call your local County Clerks Office and ask for a list of mediators in your area.

• Check the yellow pages under “Divorce Mediation”

• Make sure whomever you choose has been mediating for at least 3 years.

• Ask for a list of references.

• Ask for a fee agreement in writing once you have selected someone.

• Consult with a lawyer before an agreement is finalized to have them review and make any changes to the document.

Ending a Relationship is not an easy road to travel. It is survivable if you are wiling to do the work necessary to move on with your life. You will make it.

About the Author:
Susan Murphy-Milano, respected Author and Nationally recognized relationship expert has just released her new book "Moving Out Moving On" when a relationship goes wrong. Her book focuses on protecting yourself legally, emotionally and physically. She is also the author of "Defending Our Lives" published by Double Day Books.
Article Source: www.iSnare.com