Divorce Lawyers and Divorce Mediation should be Selected Wisely!

Divorce is the dissolution of marriage in a legal way. It is one of the traumatic experiences for people and more stressful as well. In most of cases, this process can affect people’s lifestyle from both professional and social perspective. Apart from this, divorce is also a costly business for people to manage. However, people doesn’t have more resources to appoint a highly experience divorce lawyers to solve this issue. So, you should have enough money while choosing a more experienced lawyer for your case. At the same way, divorce lawyers are having more ideas about various family related laws as well as specialization in all the area of family laws. So, you can get some good legal advices from them in any family problem.

For the case proceeding, both parties are appointing separate divorce lawyers to present their own requirement in front of others. On the other hand, it is never possible for everyone to keep their marriage relationship good in every stage of life. In most of the cases, some problems have turn into a critical one that it’s never possible for couple to fix it as well as maintain their life like before. It is also increasing distance between these two, so divorce is the suitable option for them to get freedom from this critical life with each other. While you and your dear are ready to divorce, then the mediation divorce is the best option for you to manage the issue properly. It may be increasing the possibility for compromise as well as clear all your misunderstanding with the help of mediator.

Maintain a balanced relationship with divorce mediator:

Divorce mediator is considered as the negotiator who offers some good advices for the benefit of both parties and their children as well. In this regard, both the parties have to select the same divorce mediator to final their case instead of separate divorce lawyers. In such process no one wants to win this case for personal benefits because they can maintain a good relationship by solving any confusion. With the help of divorce mediation, you can also solve all your family matters and get more information regarding to your case such as: property settlement, children support, spousal support, debt, visitation and all Courts related process. However, divorce mediation is never interested in your case emotionally, so you need to pay some amount on which both the parties will agree.

Reliable and affordable service is more effective:

In case of both the divorce lawyers and divorce mediation choosing the affordable one always a tough business for the people to manage because it require more cost for proceeding. If you are facing such type of problem, then our website is the suitable option for you to make some affordable deal. With comparison to any other service provider in this field, you can always get some best possible result by hiring our services. This is the perfect destination where you can get all sorts of suitable and positive suggestion from our experience professional to rebuild you life in an effective manner. Here, you can also know how beautiful life is with a complete family rather than staying single!

However, people doesn’t have more resources to appoint a highly experience divorce lawyers to solve this issue.In case of both the divorce lawyers and divorce mediation choosing the affordable one always a tough business for the people to manage because it require more cost for proceeding.

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What Should You Do to Get A Canadian Divorce

The Divorce Act was passed by the Canadian Parliament in’68. This federal law oversees every divorce in the country. The Divorce Act is followed by all Canadian provinces. This act was amended in’86 to set down guidelines for divorce, spousal support and child support. So you should follow these guidelines in order to gain a Canadian divorce.

For any court to award a Canadian divorce, one or the other of the spouses should establish that their marriage has broken down. To do this they must have been leading separate lives, one year before the commencement of divorce proceedings. Under the Canadian divorce law, there are two valid grounds for divorce. And they are either what is termed ‘marital offence’ or mental or physical cruelty.

The term marital offence denotes adultery on the one side. When either one of the couple has sex with some other person, it constitutes adultery. This can occur even if the couple is living apart. However adultery is mostly hard to establish as the guilty spouse will not readily acknowledge it. As such, to go for a trial on the issue can be a waste of time and money. The couple can obtain a Canadian divorce by the simple expedient of having lived apart for one year. But if the adulterous party is ready to confess the wrong, it can hasten the divorce process to no end.

The second marital offence is all about mental or physical cruelty. When one of the parties is being mentally or physically accused, the government doesn’t hold up a divorce. And physical abuse is not hard to prove when there are witnesses, photographs, police reports and the like. However, mental abuse is not all that easy to prove. A marriage breaks down because of conflicts that can make things difficult on the parties concerned. But mere conflicts are not considered sufficient grounds for divorce. To be counted as a marriage offence, they ought to demonstrate a mode of cruel behavior that had an adverse effect on the concerned spouse’s mental well being. But here too it is wiser to go for a divorce after a year of separation.

In most cases, the parties take care of the custody and property issues by means of a separation agreement right at the beginning of the break down. Then they include this agreement in their divorce application after one year of separation. Actually this one year of separation set out in the Canadian divorce law is just a random period chosen by the Canadian government. This time is intended to give the couple a chance to give the marriage another shot. However the couples can reunite for as long as ninety days during the separation period. If they can’t, then they will have to go on with the period of separation.

The final thing to do is to file your Canadian divorce papers before the court and a date will be decided upon for trial. Explain your case to the court at the time of trial. You are allowed to produce witness in support of the case. The judge will scrutinize the information you have submitted at the time of the trial to make certain that all legal requirements have been met with. Then the judge will arrive at a decision on any undecided issues and grants divorce which becomes final after 31 days have passed. Then you can request for a certificate of divorce that proves that you’re divorced at last.

We hope you have found this article on Divorce in Alberta useful. If you have any questions, please visit us at Divorceonline.ca

Why you should hire a Divorce Financial Planner

Why you should hire a Divorce Financial Planner

When considering divorce, your first impulse may well be to hire a divorce lawyer or divorce attorney. That could be a serious mistake.

The Divorce Financial Planners at Insight Financial Strategists are experts at the financial aspects of divorce in the same way that divorce lawyers are experts at the legal aspects of divorce. While many legal and financial professionals hold multiple interests, it is difficult for most people to really be an expert at more than a couple fields. Why then should we expect our lawyers to be expert at divorce law, real estate law, estate law, other legal fields, as well as financial planning, divorce tax and divorce financial planning?

Divorce Financial Planners usually have degrees in Finance, Accounting, or Tax. They often hold CPA, CFE, CFP or CERTIFIED FINANCIAL PLANNER professional designations. Also they often carry the CDFA or Certified Divorce Financial Analyst designation, which they obtain after specialized training in divorce financial planning. Both Chris Chen CFP and Tom Seder are Divorce Financial Planner with the CDFA designation.
Divorce Financial Planners Chris Chen CFP and Tom Seder CDFA are experts at helping you strategize your divorce. They can help you understand the likely financial scenarios and the long term impact on you and your family. They can help guide you towards the best strategy for you and your family, and determine the best path forward, given your situation.

In particular, a Divorce Financial Planner can help you analyze child support and alimony situations; they can help you with tax planning consequences including unallocated support; they can help you evaluate pensions and the best way to divide retirement plans. A Divorce Financial Planner can help you evaluate the best way to divide employee stock options and Restricted Stock Units or RSU. None of these topics are covered in law school or on the bar exam.

The Divorce Financial Planners at http://insightfinancialstrategists.com can also help refer you to appropriate divorce lawyers who will guide you through the court system. Chris Chen CFP and Tom Seder CDFA can explain to you the advantages and disadvantages of mediation, collaborative law, litigation, limited representation, and do it yourself (DIY) divorce.
Unlike most law firms Divorce Financial Planners do not require large retainers. They provide immediate value at an affordable cost. Most importantly they help you avoid critical and costly mistakes with long term consequences.

Most people will need to consult with a divorce lawyer to review key elements of the law in your state and make sure that their rights are protected. As well, virtually everyone with a divorce agreement will benefit from a thorough review of the agreement from both a legal and a financial standpoint. It is beneficial to have the financial review from a financial specialist instead of a legal specialist.

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Things You Should Know When Filing for Divorce

If this is your first time filing for divorce, you likely have many questions regarding how the divorce process works and how to go about it. This information will help get you started:

How do I file for divorce? Divorce falls to the courts in the particular jurisdiction you live in. The easiest way to get started is just to search the internet using keywords like “forms to file for divorce in Denver, Colorado,” or wherever you live. Once you complete the forms they will need to be filed with the agency listed, and a copy served to the other party. This initiates the process of divorce.

Do you qualify for a simple divorce? In some cases it may be possible to do a “simple” or summary divorce, which can be done out of court and without lawyers. This only requires court filing fees, typically around $ 150 to $ 300. However, most married people will not qualify for a summary divorce. If the divorce is contested, or if you have any children, or if either spouse has combined assets exceeding $ 25,000 in most cases, you will need to go the more traditional route.

What’s the best divorce option? If a simple divorce is out of the question, your remaining options are to divorce through mediation, arbitration, or traditional divorce court. Each type gets more expensive and more complicated in the order listed, and which route you end up taking largely depends on the degree of conflict and/or cooperation between you and your former spouse. Meditation is the cheapest (anywhere from $ 2,000 to $ 7,000) and involves working out the details of divorce through a trained divorce mediator. Next up is arbitration, which involves lawyers arguing the details of your case but still aims to produce a settlement out-of-court. Finally you could take your case to court, which is often the most expensive and drawn-out process.

How long does it take? How long the process takes will depend upon which type of divorce you end up utilizing. A summary divorce can happen immediately, just as soon as you get the paperwork turned in. Mediation is a process that usually takes a couple of months (depending on your mediator’s schedule and how many sticking points there are between you and the other party), then another three to twelve weeks for you settlement to be processed and the divorce finalized. Arbitration is typically a longer process, largely because it involves coordinating lawyers’ schedules. You should allow for 6 months or more. Taking your divorce to court is the most time intensive option, and depends largely on how full the court’s docket is. Most family courts are understaffed and under-funded, and it may be a year or more before they hear your case. The proceedings typically last no more than a day or two, a few at the most, and the judge issues his ruling by mail several weeks later, finalizing the divorce.

GCF works to improve the lives of children, focusing on child safety and family issues through child readable books, educator learning materials, and parent education materials. Find divorce information and learn the types of divorce at
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Four Things You Should Know When Considering a Divorce

If your marriage is on the rocks, you may be considering divorce. But there are a few things every person should consider before taking that next step:

1. Is divorce the best option?
Many people divorce out of anger or frustration. Either something happens to strain the marriage, or arguments slowly build until they become overwhelming. Frustrated and unhappy, their gut reaction is to end the marriage. Divorce is seen as an escape, when spouses really should ask themselves whether it’s a FIX for the problems they are experiencing. Many people divorce and enter new relationships only to discover that the incompatibility was not with their first spouse, but with the patterns they bring into their relationships.

2. Should this problem end the marriage?
A second problem is that people inflate the significance of certain events and throw away an otherwise decent marriage that could be salvaged. Infidelity is the perfect example of this. Many people treat infidelity as an automatic ticket to divorce court. Yet the reality is that infidelity is quite common and occurs just as often in happy marriages as it does in those that are deteriorating. Spouses shouldn’t make their decision on the basis of past events or indiscretions, but whether there is love and care towards one another going forward.

3. Will divorce solve more problems that it created?
People commonly divorce over issues that won’t be helped by a divorce. For example, money problems, parenting issues, and problems with in-laws or work and family life are commonly cited as primary reasons for a divorce. But many issues are likely to get worse, not better, with a divorce. Especially when you have kids, divorce does not end your relationship with your spouse, it merely changes it. Are disputes over parenting an issue now? You can multiply this ten-fold once each of you go your own separate ways and are trying to parent across two households. Money a problem? Each of you will instantly become poorer once the divorce papers are signed and you’re no longer able to pool resources. In-laws a pain? They’ll still be there after divorce, possibly louder and more obnoxious than ever.

4. What about the kids?
If there are children involved, you should think long and hard about the decision to divorce and exhaust all other options first. Divorce is hard on children. While the damage it does is routinely downplayed by the public or altogether ignored, the reality is that divorce can be just as harmful as any type of child abuse. Children enduring their parent’s divorce often exhibit symptoms just as severe as that seen in abused kids, and long-term negative outcomes are often worse than that for things like physical or sexual abuse. This is because divorce is more than just the initial implosion of a child’s family. It frequently creates ongoing lifestyle changes that elevate stress and cause additional turmoil for many years to come.

On a more positive note, there are ways to minimize the harm that divorce does to your children. It’s not the marriage certificate that matters, but the instability and changes in lifestyle and parenting that come with the breakdown of family. Minimize these harmful changes and you can limit the damage done and ensure your children come away from it without any permanent scars. So if a divorce is unavoidable, read up on the subject and take steps to prevent the common pitfalls that damage children.

Child safety, health and welfare information by Global Children’s Fund. Look for divorce information at http://www.keepyourchildsafe.org/children-and-divorce.html for divorce information and check out our new online book at http://www.keepyourchildsafe.org/divorce/children-and-divorce.html.
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Getting a Divorce in New York State – 10 Things You Should Know

If you’re planning a divorce in New York State, here are the top ten things you should know.

1. New York is an equitable distribution state, meaning that all marital assets and property will be divided fairly between partners. Keep in mind that “fair” and “half” do not mean the same thing – you may receive more or less than your partner, depending on the circumstances. Divorce mediation can ensure that you receive your fair share of assets. Keep in mind that debts as well as assets will be divided.

2. While New York State has technically no longer required “fault” for divorce, the state requires that you have had your marriage broken down irretrievably for 6 months or more. All issues, such as child support and custody, spousal support/alimony, equitable distribution, and parenting plans must be resolved before the divorce can be granted. If you choose to settle things with lawyers rather than a divorce mediator you can do so, although that option is a great deal more costly and could take quite a bit longer.

3. Custody in New York State is granted based on what is best for the child – and joint custody is rarely awarded by the courts. If you want custody (in the courts), you will need to be prepared to fight for your custody rights. This “fight” can be avoided through Divorce Mediation.

4. The odds are nine to one that you won’t go to trial. Less than 10% of divorces in New York State actually go to trial. Many are settled “on the courthouse steps” so to speak, as they come very close to trial before finally settling; but very few actually do go on to trial.

5. In order to get a divorce in New York State, you must have been a resident for a minimum of a year. However if the “grounds” for the divorce occurred in the state and both spouses are residents, a divorce can be granted even if one or both have not been resident for a full year.

6. The average divorce in New York State lasts one year if contested, six months if uncontested and without assets or children involved. In a contested divorce, you can divide, or “bifurcate” the divorce so that the trial for everything that could have been settled in divorce mediation occurs separately.

7. Equitable distribution and “fault” are mutually unrelated in New York State, meaning even if you’re found to be at fault in the divorce, it won’t affect your share of the assets. The exception is when the fault is something that “shocks the conscience of the court”. This means that the fault would have to be something shocking, outrageous, or heinous, to affect the division of assets.

8. There are court fees just to get started with the summons and complaint; when you add in the mediation and litigation fees, divorce is very costly. However, representing yourself is not recommended, as it is easy to become too emotional, angry, or bitter to portray yourself in a manner that the court will approve of. In New York the fees just to begin the process total $ 210, as of February 1st, 2013. However, if you can prove financial hardship, the court may waive the fees.

9. You have to “commence the action” or file for divorce in the county in which you live. In New York State it is only permissible to file for divorce in a different county from where you live if your soon-to-be-ex does not object. However, it is still frowned upon to go “forum shopping” to try to find the best county for divorce.

10. Honesty and integrity – regardless of where you get your divorce, if you have children, you want to protect them from being hurt by the divorce as much as possible. Even if you don’t have children, you want to walk away from this divorce feeling as good about it as possible. So be honest, and keep your integrity intact – no matter how upset or angry you feel at times. It could end up costing you otherwise.

If you are considering having a divorce in the state of New York and need expert advice, please contact the Mediation Associates of NY and NJ. Jonathan Starr is a skilled divorce mediator offering solutions to all of the issues that arise during family disputes, separation, and/or dissolution of marriage in a variety of areas in New York & New Jersey. Call 877-666-9601 or visit http://www.newyorkdivorcemediation.net

4 Different Types of Divorce You Should Understand

These are the four kinds of divorce you need to know: uncontested, no-fault, simplified, and limited.

Divorce is becoming a worldwide trend that affects millions of couples and families. The United States by itself has a 20% chance of divorce within 5 years for couples who got married for the first time in 2002, and that probability increases to 33% in 10 years and 43% in 15 years. People who get remarried in the United States are typically unsuccessful at keeping it together. Couples who are considering divorce must consult a Divorce Attorney Farmington Hills which can help them in knowing the resolutions which must be made and the possible effects involved. Couples should be aware of the varying types of divorce available.

Uncontested divorce

A divorce that isn’t contested isn’t as full of conflict. Uncontested divorce happens when a mutual agreement is reached by both people about the divorce itself, and other important topics related to the marriage, such as child custody, division of property, and financial concerns. Uncontested divorce involves very little argument and minimizes the stress on all parties involved. However, it may result in the discontinuation of certain rights like alimony, pension benefits, real estate income and other financial sources. Due to this, even a couple who is getting along well should consult a lawyer.

No-fault divorce

California was the first state to pass a no-fault divorce law in 1970. Earlier, for a spouse to leave the marriage, there had to be a definitive fault committed by the other spouse like adultery, desertion and physical or mental abuse. The grounds or proof for acquiring divorce are what these faults would then serve as. As the name implies, no-fault divorce is a type of divorce where neither one of the partners committed a fault that could become a basis for the divorce. Irreconcilable differences and incompatibility are justifiable reasons that can be stated when a couple decides to legally dissolve their marriage.

Simplified divorce

The legal dissolution of a marriage by employing scaled back procedures might be seen as a mixture of an uncontested and a no-fault divorce. Both partners are not in conflict with each other, like in an uncontested divorce. This type of divorce is applicable to marriages that lasted for only a short time and marriages that have no children and marital properties involved. It may be granted within a span of 30 days after filing, and is perhaps the fastest and usually the cheapest type of divorce.

Limited divorce

If you’re unsure about the definition of a limited divorce, it’s almost like a legal separation. This type of divorce gives the couple adequate time to settle vital issues such as finances, child custody, visitation, division of pension and property and other important concerns related to their marriage before the divorce is finalized. Like legal separation, both spouses live in separate homes and are not allowed to have sexual relations with one another or with other people during the duration of the limited divorce.

The legal dissolution of a marriage is a very important decision which demands intensive scrutiny and thought. Both parties have to ponder the implications of their choice and focus on the consequences it might lead to.

What You Should Know When You Hire a Divorce Lawyer

During a divorce proceeding it is important to have a divorce lawyer who can represent you and your best interests in court. As a divorce attorney specializes in the laws, rules and regulations pertaining to legal separations between husband and wife, he is the best person to help you get the most out of a divorce proceeding.

Before hiring a divorce attorney, ensure that you have a first consultation with him. This consultation helps acquaint the person seeking divorce with the lawyer. During the initial consultation, the divorce lawyer will evaluate and understand the divorce seeker’s situation, requirement and legal support needed. This will help the attorney determine the kind of services the divorce seeker needs to meet his or her requirement. Also, the initial consultation is the time when the divorce seeker gets an opportunity to assess whether the services of the divorce attorney will suit him or her.

Here are some things that will help the divorce seeker understand how to look for a divorce attorney and what to expect from him/her.

Research

It is important to thoroughly research a divorce attorney before hiring his services. This will help you understand the kind of services the divorce lawyer offers, his expertise and years of experience, among other details. The internet is a good resource to help you search for divorce lawyers. Most well established divorce attorneys have websites discussing the services offered and contact details. If you are looking for divorce attorneys within your city or area, the internet can also help you locate them. It is also a good idea to ask for referrals from friends or colleagues who have engaged the services of divorce lawyers.

Ask for the first consultation

Most divorce attorneys offer an initial consultation to their clients. Even if your divorce attorney does not suggest this, make sure that you ask for the initial consultation. At this meeting, your lawyer should be able to provide you with details about the terms of his service, his fees, and other information that you seek about his services. In addition to this, the divorce attorney should brief you on state laws pertaining to divorce in a simplified way. He should also explain important information about a typical divorce proceeding such as the filing fee, issues that will be dealt with during the divorce proceeding, waiting period and the county where your divorce case will be filed.

Compatibility with the attorney

It is also important that you feel comfortable with your divorce attorney. This is because he will not only represent you in the court of law but also become privy to personal information relating to your relationship with your spouse, children and married life. In such a situation, you should feel comfortable sharing your concerns and thoughts with your divorce attorney. Going through a divorce is a painful experience -a competent yet empathetic divorce attorney will help you tide over this difficult situation and make the divorce proceeding easier on you. So make sure that you have a good compatibility with the divorce lawyer, who will also be your support system (other than family and friends) during the divorce proceedings.

For more information on a litigation lawyer or divorce lawyer, contact Heydary Hamilton PC.

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