Divorce | Fair Family Law

Protecting Your Children in a Divorce

June 26, 2011 By admin Leave a Comment

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A divorce can be hard on every member of a family. It is a well-known statistic that 50% of marriages in America end in divorce. If you are going through the unfortunate experience, the first thing you need to do is make sure your children are protected from the experience.

Your approach to the subject will depend on the age and maturity of your children. If you believe your children are mature enough to handle the situation, then you should sit down with them and tell them exactly what is happening. It is never a good idea to lie to your child. If your child is too young or unstable to deal with the situation, you should be delicate with them, but you still should not lie to them about it.

You should also consider having your child or children see a Councelor. Counseling may not seem necessary at the time, but it is very important that your child has someone to talk to that is not involved in the situation. If your child is really not in need of much counseling, you should still research good Councelors in your area so your child will have the option of talking to someone if they need to in the future.

You certainly love your children, so it is very important to help them through this situation. It is easy for a divorce to harm children, especially if they think it is their fault. Protecting your children needs to be one of your first concerns in a divorce.

Filed Under: Divorce, Family Law, Legal Tagged With: Child, Divorce, United States

Dividing Assets in a Divorce

June 8, 2011 By admin Leave a Comment

Ending your marriage is one of the most difficult decisions you can make. It’s a painful process that often takes years from which to heal. Of course, the legal process itself and the division of assets can be as difficult as the emotional pain. Many couples turn what should be a civil process into a bitter fight, and it can have lingering effects on them and their loved ones. Here are a couple of tips for having a clean division of assets.

First, be willing to give a little. There are things in the marriage that you know you want to take with you. You can encounter problems when you see taking possession of assets as a way to get back at your spouse. This will only cause you grief in the long run. If you don’t want it or don’t honestly feel entitled to it, then let it go. Doing this can create good will and ease the tension that’s usually inherent in this process.

Something else to consider is selling property. If you own a home, you can have an HOA management company come in and get the place ready while you sell the property and split the money. The bottom line is that at some point all your assets come down to a dollar amount and you have to be ready to split that dollar amount with your spouse.

Keeping a level head through the proceedings will help you achieve your goals. Remember this is not about a vendetta, but rather it’s about finding fairness in an unfair situation.

Filed Under: Divorce, Expert Advice, Family Law Tagged With: Asset, Divorce, Marriage

Finding the Best Divorce Lawyer

May 15, 2011 By admin Leave a Comment

While divorce is certainly a family issue, above all else it is a legal issue. Going through a divorce is a difficult process both physically and mentally, but because the stakes are so high it’s important to be well represented. Therefore, you need a very good lawyer to protect your assets and fight for access to your children. Unless you currently have a personal lawyer, you’ll have to find the best one for your case.

The law is a big business, so many firms can be found right in the business pages of a phone book. However, the information you find there can be limited. Instead, use online resources that can provide greater information such as reviews and a record of courts cases won by a specific lawyer. In addition, it’s easier to refine your search to lawyers that are in your area and specialize in divorce proceedings. If you’re in Canada, for examples, use the online search engine of Canada 411 to locate law firms both nationally and locally.

Those around you – family, friends and co-workers – can also be a great resource for finding the best divorce lawyer. Hiring someone from your family who is a lawyer may make the situation less awkward since they are already familiar with the situation. It’s a possibility your friends have been through divorces themselves and can provide valuable insight and referrals. Also, it is likely your company has hired the services of a reputable lawyer or law firm that can pass along recommendations or just may be willing to represent you.

Filed Under: Divorce, Family Law Tagged With: Divorce, Law, Lawyer

Coping with Divorce for Couples with Pets

May 11, 2011 By admin Leave a Comment

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No one wants to think about divorce and what might happen if you have to go down that road but what most people may not consider is – what happens to the pets? Whether you have a dog, cat, bird, fish or some other type of pet, if you get a divorce you may have to think about what happens to that pet. Do you share joint custody? Does one person get the pet, leaving the other person without?

Unfortunately for pet owners, pets are still considered property which means that there won’t typically be a shared custody situation except in certain cases where both people agree. What this means to those that own pets is that one person may get the pet and the other may simply get a monetary value assigned. This can be especially true in cases where the couple that is divorcing does not get along or has a volatile relationship. Since an animal cannot be split up like property, one person is sure to be disappointed in the outcome. It can be almost as devastating to some as losing custody of a child and they may find themselves seeking answers.

The best way to protect yourself is to be sure that you have a good understanding with your partner and can work with them accordingly. If that is not possible try to prove that you should get ownership with receipts for purchase, vet bills and care for your pet. If you both love the pet equally it can be beneficial to try to work on a solution without the court having to step in.

Filed Under: Divorce, Legal Tagged With: Divorce, Pet, Recreation

Children and Divorce

February 5, 2011 By admin Leave a Comment

Divorce can be a messy situation and cause a lot of stress on everyone involved. Many times husband and wives get so caught up in the divorce and the reasons behind it that they forget about the others involved in the situation . . . the children. Children deal with divorce in many ways. The age of the child and the animosity or cooperation between the divorcing parents can have a huge impact on how a child manages what is going on in the family.

In a divorce situation no matter how the parents deal with each other in front of the children, the children are going to go through a grieving process. The feelings and emotions of a family splitting up can be similar to a death in the family. In fact, divorce is basically the death of an intact family. Nothing will ever be the same again. No matter the age of the child, on some level they understand this and most have a difficult time accepting this fact or understanding the reasons why.

It is advisable in a divorce situation, especially one where there is extreme conflict between the parents that parents seek out therapy for the children to help them adjust to what is going on in the family. If it is not feasible to seek out therapy through a licensed marriage and family therapist, possibly a religious leader could talk with the children to help them work through their emotions and to help them better understand what is happening in their life.

It is also important for parents to realize the difficulties their children may be facing in this situation. Keep the child out of the middle of the conflict and ensure that they are receiving the positive attention they need. Children need to continue to have contact with both parents whenever possible and need the assurance that even though the parents can no longer live together that both parents still love the child and want to spend time with him/her.

Filed Under: Divorce, Family Law Tagged With: Divorce, Family, Marriage, Mental health, Parent, Relationships

Divorce on the Rise in America

January 25, 2011 By admin Leave a Comment

Divorce is definitely on the rise! In America the divorce rate for a first time marriage is as high as 50 percent ending in divorce. Over 60 percent of second marriages and over 70 percent of third marriages end in divorce. Why are these numbers so staggering?

The stigma of divorce has completely changed over the years. Fifty years ago it was unheard of to get a divorce and if you did there were a lot of social repercussions because of it. Now divorce has become so common it is not a socially unacceptable thing anymore. In fact, it seems as though it has come to be almost expected. Too many couples go into marriage with the idea that if it doesn’t work out, no problem, you can always just get divorced. Not enough couples enter marriage considering it to be a life-time commitment anymore.

In the past there were very strict laws governing divorce. Now the laws have become more lax and most states have no-fault divorces. The paperwork has become easier and the entire legal process is much less complicated. In fact, there are even do-it-yourself divorce packets available in situations where there is nothing contested. In America divorce has become as simple as signing a few papers and you are done with it.

Rising divorce rates can also be attributed to the fact that most families have dual incomes now. With both spouses working full-time jobs there is very little time for much else. The responsibilities around the home become a source of contention. Wives often feel the overwhelming burden of work, family, and home. This can eventually lead to resentment and contention.

There are many other factors that have driven up the divorce rates in America over the past several decades. The most obvious is that our culture, laws, economy, and social expectations have changed drastically.

Filed Under: Divorce, Family Law Tagged With: Divorce, Law, Marriage, Relationships

Helping Your Child Deal With Divorce

January 16, 2011 By admin Leave a Comment

Children of all ages have difficulty understanding why their parents are getting divorced. How can you help your child understand and cope with your divorce? Your child’s reaction to the divorce will be a direct result of how you tell them about the divorce and how you and your soon-to-be ex choose to deal with each other in front of the children and/or how you talk about each other to the children or when the children are around. There are many things that you can do to help your children cope with the up-coming divorce and adjust to their new life.

First, when initially telling the children about your decision it is best coming from both parents if possible. You need to set aside a time when the entire family can be present. This will put you in a situation where you can avoid blaming each other and will give the children the opportunity to ask questions.

Plan ahead what you are going to tell the children. If possible discuss this with the other parent and come to an agreement about what will be discussed and what will not be discussed in your family meeting.

It may be difficult, but you must stay calm. If this means that you need to keep the meeting short or that you cannot meet with the other parent present then that is how you need to plan the meeting. If you lose control of your emotions your children are going to have difficulty handling the dynamics of the divorce. Children react to their parents emotions. You need to find a way to stay strong for your children to help them through this difficult time.

Listen to your children. You are dealing with a lot of emotions right now yourself, but your children are going to be dealing with a lot now too. You are losing your spouse. Your child will feel as though he is losing his parents. Acknowledging your child’s concerns and truly listening to what they have to say is important in the healing process for all of you.

Filed Under: Divorce, General Tagged With: Divorce, Marriage, Parent

Have you got children? What to expect when filing divorce?

December 22, 2010 By admin Leave a Comment

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Marriages are made in heaven. But sometimes, it is not possible for couples to continue with their married life because of incompatibility, cheating of partners or wrong attitudes. Living with each other becomes so difficult at times that people have to decide about taking divorce to get out of the relationship. Divorce is the final contract of separation between two partners and is the very unfortunate reality of life.

If the partners have decided to get divorced and they are having children, it is not only them two who get directly affected by the decision but their children as well. The procedure of getting divorce while having kids often becomes bit lengthy as there are certain things that need to be settled legally. If you are having kids and have decided to take divorce from your partner then along with other things you must be expecting to settle things associated with your kids i.e. child support.

The child support laws are defined to guard the rights of children whose parents get separated so that the children do not get affected by the circumstances of divorce. There are many different factors and guidelines defined by the law authorities to protect the rights of children and to make sure that their expenses and everyday necessities are provided by their parents. If you are filing divorce then you must know that as divorce laws are different in different U.S states, so are the child support laws. And to get the better understanding of the child support laws of your state you must be consulting your lawyer so that the attorney could explain all the things associated with divorce and the child support. Like, if you are living in Florida and are getting divorced from your partner, then your children care and support will be decided on the basis of Florida Child Support laws. Hence, you must consult your legal advisor to explain all the Florida Child Support laws to you.

Having a better understanding of divorce and child support laws specific to your state enables you to understand how different laws are going to affect you and your children rights.

Filed Under: Divorce Tagged With: Child, Child custody, Child support, Children Youth and Family, Divorce, Florida, Law, Marriage

Support Groups for Divorced Parents

December 20, 2010 By admin Leave a Comment

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Doctors and psychologists agree that men and women handle stress differently. Most men tend to avoid or ignore stressful situations, and opt to throw themselves into physical activities designed to distract and distance themselves from the troublesome situation or issue. On the other hand, the majority of women tend to seek out comfort and support from friends and family members. Women find comfort in talking about their problems, and as a result tend to work through stressful situations quickly. But no matter what your preferred method of coping is, consider visiting a divorce support group.

You may be wondering why a support group is better than seeking advice from friends or family members. And the truth is support groups aren’t better, but they are different. A formal divorce support group is comprised of men and women who are all dealing with the pain of divorce. Some may be parents, others may be grandparents, but no matter what their background divorce is the single most important commonality.

Divorce support groups are often religious based, but they tend to welcome divorcees from all religious backgrounds. In a divorce support group, you will be able to listen to and discuss divorce concerns. Every member of the groups will be able to empathize with your situation and possibly provide you with good advice, because they have experienced similar situations.

Divorce support groups also provide you with an impartial voice. So many times, well meaning family members refer to the other partner as a “lousy husband” or a “lazy wife.” And while these negative connotations may serve the purpose of assuaging your hostility and anger, they also serve to cement an attitude of negativity toward the other party.

The best way to find divorce support groups in your area is to ask. Go to friends, families, community centers, physicians’ networks, or the internet and ask for divorce support groups. You”d be surprised how many groups are available to help you deal with divorce or marital separation.

Filed Under: Divorce, Family Law Tagged With: Divorce, Family, Support group

Handling Your Own Divorce

December 18, 2010 By admin Leave a Comment

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If you and your spouse are in agreement, you may be able to file for divorce without hiring a lawyer. This method works best for simple divorces, where both parties have agreed upon a division of assets, custody arrangements, and visitation schedules. There are several options available for estranged couples seeking dissolution of their marriage. However, it is important to understand that a do-it-yourself divorce still involves effort, time, and money.

County and Superior Court Websites

If you are looking for forms and answers to legal questions there are numerous website available offering information and instructions. Most County Superior Courts have websites and pages specifically devoted to Family Law issues. Forms are available for download, as well as simplified instructions, and information.

Family Law Workshops

If you are looking for more detailed information, search for free family law workshops offered through the County Superior Court or Family Law Division. Family Law Workshops cover areas such as how to begin divorce proceedings, paternity lawsuits, and how to end your case. These workshops tend to fill up early, so if it is first come first served, then by all means arrive early.

Legal Aid Clinics

Search for legal aid clinics provide by local Law Schools or Legal Aid Organizations. These clinics are offered at a reduced cost or pro bono. Law school clinics are staffed by advanced law students who are under the supervision of an attorney. Legal Aid Organizations offer advice and services from Lawyers who have donated their time and legal expertise to the community.

In a DIY divorce, a final review of the documents by an attorney specializing in Family Law is recommended. If you are not able to secure legal representation,then you are your own best advocate. When filling out and filing your dissolution paperwork be sure you are thorough, conscientious, and proactive. And remember; only a licensed attorney can represent you in court or give legal advice.

Filed Under: Divorce, Family Law Tagged With: Family law, Lawyer, Legal aid