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Custody of Children after a Divorce

Over the course of history women have been given custody of children after a divorce more often than men. This used to be seen almost as an automatic right. This has changed slightly in recent times though, with Fathers given significantly more rights when it comes to looking after children post-divorce. This applies to both custody and visitation rights if their ex-wife has been given custody. A Fathers role in the development of children is taken much more seriously than in previous times. Family Law states that Fathers have equal rights to Mothers and each decision should be made on its specific merits.

Statistics show that women get custody more than men though. What is the reason for this? It could be that there is still some bias towards women by judges, who assume that Mothers make better parents. On the other hand it could just be that Mothers tend to more often be in the position where the children living with them would be more appropriate.

After a divorce there are many factors that are taken into consideration when deciding which parent should get custody of the children. Each parents employment status can be a very important factor. If one parent works full-time and the other doesnt work at all, it may be deemed best that the children live with the parent who does not work. This is because (s)he has more time to be able to devote towards the children. This may be one reason why women gain custody more often than men; it is more common for women to be stay-at-home parents than men, although this is not as common as it once was. A decision is most likely to be based on this reason if the situation was the same when the couple were married, and this parent has spent more time with their children as a consequence. The decision can in some cases be made the other way round, with the parent who does work being deemed to be in a more financially stable situation. This is not always the case because this parent will usually be required to make maintenance payments to help the other parent bring up their children.

The situation each parent finds themselves in and the stability of this situation is also important. This can depends on employment as well as other factors, such as lifestyle. If one parent has medical or psychological problems, then they may not be deemed the best parent to bring up the children. If one parent has re-married it could work either way. It may be seen as a negative to have someone else playing a part in their upbringing so soon after their parents have separated, but it could also be decided that this is a better family environment to bring children up in. A criticism of the system is that too much of the decision comes down to the opinions of a particular judge, and no matter how much Family Law stipulates what should happen, everyone has certain biases.

Andrew Marshall (c)

The Why and How about a Prenuptial Agreement

Before marriage, couples often shy away from discussions of money, and their reluctance is understandable: Finance and romance seem mutually exclusive.

In fact, however, bringing financial issues into the open can be healthy, and it can be done without a full-scale return to the days of arranged marriages and fiercely negotiated dowries. Today, a couple can enter into a prenuptial agreement before the wedding, and that agreement will govern a wide range of financial matters in the future.

What can you put into a Prenuptial Agreement?
A prenuptial agreement can cover a wide range of financial matters both during and after the marriage.

You can use a prenuptial agreement to specify whether some property individually obtained during the marriage will remain the property of one spouse and will not be treated as community property.

You can keep property, including property that might later be acquired by inheritance, in one spouses family.

You can limit one spouses liability for the debts of the other spouse.

You can define your respective financial responsibilities during the marriage, separating responsibility for household expenses, specifying how bank and credit accounts will be handled, and determining how taxes will be filed.
You can make provision for a spouses children from a previous marriage.

You can decide how property will be divided in the event of divorce and, in some jurisdictions, whether alimony will be part of the divorce settlement.

The precise answer to the question “What can you put into a prenup?” varies from state to state, but its fair to say that almost anything that is otherwise legal can be included, except for an agreement that defines the terms of support for the couples children.

How do you get a prenup?

The hallmarks of a valid, enforceable prenuptial agreement are disclosure and fairness. Unless both parties disclose all relevant details of their finances, the agreement is readily challenged, and it makes good sense to provide that information well in advance of the wedding day. The party receiving that information should have enough time to understand its implications. When information is provided at the last minute, a prenuptial agreement lawyer can argue that it was tantamount to receiving no information at all.

Demonstrating the requisite degree of fairness does not necessarily require that the agreement be fair by some particular standard. It does, however, necessitate the involvement of legal counsel. Each spouse must be provided with his or her own prenuptial agreement lawyer, someone with undivided loyalty to the individual, not to the parties as a couple.

The question “How do you get a prenup?” is only part of the ultimate question. In order to arrive at a prenuptial agreement that works, one that is valid and enforceable, both parties must put their cards on the table and each must have separate legal representation.

What Exactly Is A Divorce

Sometimes married couples do not get along and find that they are never going to make the marriage work. That is when a divorce comes into mind. A divorce is a legal action between married people to terminate their marriage relationship. It is a hard time for all that is involved.

We hope that you finish this article having learned at least a little bit of new information. If so, then we have done our job.

There is something that is called a no failing divorce. This means that the incite does not get in to why the pair requests to be removed. It worn to be that the guise opening the divorce had to verify certain reasons for receiving removed. Some of these reasons included falseness or abuse. This time was regularly demanding for the pair and even a little embarrassing. The questions of what parties had been liability are personal and these topics come out in the inciteroom.

Now the law is different and it permits one of the parties to get a divorce if he or she states in incite that the marriage is irretrievably crushed. mostly the umpire will not ask any other questions about the marriage and permit the divorce to move on.

In some divorces, however, they can get awkward and there are many emotions brought out in incite. This is a hard time to covenant with and many people go through very depressing epoch. In some of the instances, one gather does not want the divorce and they will brawl it with all that they have. This will make the position harder on both parties.

During the second part, we must switch to a more serious side to fully communicate the subject matter in a way for all to understand.

Some incite systems will want to make assured that the pair is liability the right thing. They will in some luggage order the pair to obtain counseling. This is typically only for the pairs that there is plan for. This is not for everybody and it is important to do only if one or both of the parties involved thinks that there is a attempt for reconciliation.

People regularly epoch give up on their marriage too hurriedly. In some luggage, they never genuinely give the other guise or the marriage a attempt. There are hard epoch in all marriages and some people influence to try and work it out, while others lean to just want to give it all up as hasty as they can.

It is forever best to do what makes both parties exultant and able to move on and get back to living the remainder of their life. leaving through a divorce will be one of the toughest clothes a guise can live through.

If you need help with this subject, or do not know how to begin, there are several free resources on related websites to give you a boost.

Quick Divorce Miami — 4 Myths About Divorce Mediation

Are you looking for a quick divorce in Miami? Then I’ll tell you what many people have probably already told you before — hire a divorce mediator. But if you have doubts about divorce mediation, this article will debunk four of the most common myths about this relatively new practice.

Myth #1 – Mediation Is Like Marriage Counseling.

I’ll say it once and for all — mediation is NOT marriage counseling. Divorce mediation operates on the assumption that you, and your spouse, WANT the divorce. And so it works towards quickly and conveniently reaching a compromise that both parties are happy with.

Your Miami divorce mediator will take your needs and expectations from the divorce, and then impartially compares them with your spouse’s. Then, taking the divorce laws of Florida into consideration, your mediator will craft a settlement that both you and your spouse will find acceptable.

Myth #2 – Mediation Is An Unnecessary Expense.

It’s a given that divorce is expensive. When done the “usual way,” you’ll have two lawyers (yours and your spouse’s) battling it out in court, with their endless debates and adversarial letters going back and forth for over a year. As your legal bills pile up, why add the cost of mediation to the mix, right?

Fortunately, that’s not how it works. Hiring a divorce mediator actually happens BEFORE you go to the courts. Couples who do so can look to save up to $12,000 or more, because they don’t need the services of their lawyers yet while the divorce mediation sessions are going on.

Myth #3 – Mediation Only Delays The Inevitable.

Sure, divorce is inevitable between you and your spouse. But hiring a divorce mediator is hardly a delay! In fact, since divorce mediation avoids the usual confrontation and endless debates, it actually saves time by helping you and your spouse reach an agreement much more quickly.

The average time required by a divorce mediator to help couples reach amicable settlements is 90 days — 15 months less than what the courts usually take to do the same! Your mediator will ensure a quick divorce in Miami by helping you and your spouse reach an agreement, drafting it up, and then forwarding it to your lawyers to be finalized with the courts.

Myth #4 – Mediation Is Discouraged By The Legal System.

Yes, some lawyers disagree with divorce mediation, and insist that the legal system is still the best venue to process divorce cases. We can’t blame them for saying so — after all, they make much of their living processing divorce cases!

But today, Miami courts actually like divorce mediation. Since they won’t have to sit through months and months of debates, they speed up the processing of other cases. What’s more, divorce mediation is also recommended by lawyers who sincerely care for the well-being of their clients and their families.

Want A Quick Divorce In Miami?

The answer is simple — find a good divorce mediator! The best ones out there have been doing it for quite a while, have good knowledge of the Florida legal system, and have a long list of satisfied clients in their portfolio.

Steps to a Smooth Divorce

Become educated on all aspects of Divorce. Reading the various websites available on divorce is an excellent start. Read every document available. Complicated subjects always deserve a second reading. Then, read your State Statutes on divorce. You will find they are written in almost-plain English and are understandable to the average person. State Statutes can be found by entering your state and the word statutes in most search engines. Look for anything that sounds like marriage or domestic relations.

2. Buy books on Divorce. Generic divorce books are a good start and will give you a good overview. But they will not completely do the job. Every state has different laws and requirements for divorce. So you need to look for a divorce book that specializes on your state divorce laws. Check local bookstores or online bookstores. But be aware: laws change and books become quickly outdated. That will not present a problem as long as you use the book for general education.

3. Take the high road during your divorce. Behave perfectly, beginning now. Cooperate with your spouse on arrangements for children. Do not waste, destroy, or hide assets. Take on the appearance of a saint. You will be happier, more relaxed, and less destructive to your family and assets. Most important of all, the spouse that takes the high road always does better in a divorce trial. Judges like to see you take the high road.

4. Use your newly gained knowledge and plan two possible outcomes: your best possible outcome and your worst possible outcome. Be realistic and put it in writing.

5. Use your knowledge of your spouse. Try to imagine what is going through your spouses mind. Make an educated guess and write down what sort of outcomes your spouse might pick. Come up with a best and worst outcome that you imagine your spouse would come up with.

6. With four possible outcomes on paper, you now have an overview of the battlefield. Using that information, see if you can work out a combination of give and take that approximates best outcomes for both spouses. It doesnt need to be perfect but you should try your best. When done, you have a powerful plan that will help you in negotiations.

7. Be involved in your divorce. Actively negotiate with a goal of peaceful settlement. Dont use destructive techniques. They only look bad for you at trial time. And never be afraid to ask your attorney questions. This is your divorce and you have to live with the result. The well-informed person will always come out ahead.

8. Last, become an expert on every word printed on legal papers and pleadings. Ask your attorney, look up definitions in books, or ask other experienced people. Dont assume anything. This is your life not your attorneys life. Treat this situation like it is the most important event of your life. Again, the well-informed person will always come out ahead.

Who Needs A Family Solicitor

Numerous men and women will require the services of the family law court system at some place in their lives. Many could never foresee that they would discover themselves in the court room having employed the services of a family solicitor.

Here are a few examples of positive reasons why a person or family may require the services of a Family Law Solicitor. Adoption of a child or baby is an exciting life-choice however there are many legal aspects that have to be dealt with. A family solicitor could be helping a couple complete their family, or drawing up the papers that helps a single parent feed and cloth their children.

However, it is an unfortunate reality that many end up in the family law court for less pleasant reasons. The possibilities are endless however, they could be going through the process of divorce, fighting someone over child custody, they could be in the process of getting sued for child support, or being taken to court for alimony. There are sad cases of family members being accused of abuse or paternity cases where one is fighting to prove or disprove that they are the paternal father. In these types of cases there are no exclusions due to age, gender race or religion; all are expected to attend court. The impact of a courts decision in all these matters is likely to be significant in terms of the future of the family.

Those who have been married, divorced, living as domestic partners, or even those involved in a civil union may appear in family law and court if there is not a ‘happily ever after’ solution. The courts will decide who gets what in terms of property and persons. So who gets which visitation periods of the children, who keeps the family home, who owes for the debt the couple accrued while together will all be decided and more. It is often very difficult, upsetting and complicated to work out all the details of who gets what. However the process is there to settle disputes and allow people and families to rebuild their lives.

So with all of this to worry about you should seek the advice and services of a family law solicitor. Professional legal advice will make certain that you interests are suitably protected.

Relationship agreements (sometimes called nuptial agreements) can give you peace of mind. So if you plan to get married, start cohabiting or are about to enter into a civil partnership then some form of formal relationship agreement can protect you both.

Florida Divorce Mediators – Tips to Select the Best Online Divorce Mediator

The present lifestyle for every person has been changed and every day they are suffering with some hectic and busy schedules. In these situations, most of the people are unable spend life with their beloved life partner. So, it has been observed that so many couples are obtaining a divorce, and they want live individual. One thing we need to remember that taking divorce is one of the most painful experiences and most of the people are not interested to take divorces. According to one survey report, millions of people in America are interested to take divorces and there are so many cases are coming here in courts. Especially, for those people who are having minor children, taking divorce is really hectic for them. For this instance, most of the people are interested obtain the services from the well established and experienced divorce mediator agencies to get some essential help.

However, most of the spouses who are seeking divorce often have an attorney long before the other spouse is even aware there will be a divorce. In that painful situation, most of the people are not able to obtain the services the lawyer and sometimes, they are not able to find best lawyer for their needs. Finding the best lawyer for our needs is a really hectic and in that situation, it is one of the added stresses to everyone. With the advent of the internet technology, we are able to get so many services from our comfortable home. Most of the time finding attorney is not a hard thing. You need to consider so many things before you are selecting a lawyer to obtain the services. You need to take the right decision and also one thing you need to know that your future will depend upon this decision. In these days, you can find so many attorneys who are having plenty of experiences in divorce law. There are so many web sites are offering these services to their valuable clients.

And also it is a better idea to know someone who has been divorced and this type of referral can be the bets kind. And also you need to obtain some best attorney capabilities. Most of the web sites are offering these services depending upon your requirements. In these technology days, most of the people are interested obtain these services through online. Finally, there are some well established and experienced web sites are offering these services to their clients. These divorces mediation firms are having some experts to begin the process by filling out the paper work, depending upon the laws of your jurisdiction, after that you can submit all the required paper to the court. For more information and details, please visit their valuable web site.

The Characteristics to Look For in a Divorce Attorney

After all the basic proceedings and other formalities of a marital breakup, a good divorce attorney is needed. Thus, it is vital to start looking for the most excellent San Diego Divorce Lawyers as soon as possible. To find such an expert it is necessary to look for the important characteristics that one should have, in order to achieve optimistic outcome. Below are a few factors that are found in common in some of the best San Diego Divorce Attorneys.

Knowledge, Skills and Practice:

Knowledge, skills and practice, are all the 3 aspects that are always present in an experienced lawyer or attorney as it proves their capability and power of handling different types of cases. Therefore, looking for an attorney that is much more experienced with cases similar to yours will do the trick for you. Because they are much familiar of those cases and there are more chances of better case handling with such lawyers than the others. There are many lawyers who are greatly competent in spousal support cases but the same lawyers are incapable of conducting property division cases. It completely makes sense; therefore, it is vital to search for the right experts.

Competency:

There are numerous fields and subjects of a divorce case i.e. spousal support, property division, child support, enforcement orders and legal counseling, a lawyer who is trained for the most of these subjects and is an expert of handling a majority of such multifaceted cases should only be hired, as they are the only professionals who can help you attain the control of almost 100 percent of this situation. Monetary man wishes to have more of the property while the parent-side of the same person wants to support his child, if an incompetent lawyer is chosen he may be able to get you one or two of the mentioned aspects while the control to others will be completely lost.

Easy-To-Get-To:

Because such cases are one of the most delicate ones, lawyers should be very much reachable. Check by faxing, mailing, calling, and contacting them by other means. If they respond promptly then, accessibility is assured. These cases can take solid turns at any minute, about which the lawyers should be notified right away to lead the case positively; this reason defines this factor as the foremost and primary characteristic. Other than just timely response it is important to see if they are punctual with the time they give for meetings and appointments.

With all these characteristics, it is also important to see what people say about these San Diego Divorce Attorneys and Lawyers. This can be done by reading reviews online. These reviews are written by their clients who have won, lost or partially taken over their cases; they are enough to know about the lawyer’s strong and weak points and what their specialty is. This kind of research may consume a few hours but it is necessary to read several review before trusting as such cases usually do not appear more than once in a lifetime.

Contested Divorce in Thailand Ending a Marriage under Thai Law

Under section 1501 of the Thai Commercial and Civil Code a marriage in Thailand can be terminated by one of three different methods.

1. Death of a spouse
2. Cancellation by Court
3. Divorce

1. Death
The death of one of spouse is easy to understand.

2. Cancellation By Court
Approaching the Court in Thailand to cancel a marriage is not frequently brought into being. It is only in special cases with extremely good reason that the Court can be approached to cancel a marriage. This is eligible in circumstances where the plaintiff becomes aware of facts or factors relating to the marriage or the defendant that he or she was not aware of before the marriage. The facts or factors need to be of such nature that the plaintive would not get married if he or she were aware of these particulars before the marriage.

When the Court cancel a marriage it is not regarded as a divorce and it is considered that the marriage never took place.

3. Divorce
According to Thai Law, there is no differentiation between Thai nationals and foreign persons. Not considering a persons nationality, under Thailand Law, all inhabitants are acted towards in the same way.

Two forms of divorce can be obtained in Thailand:
1. Contested divorce
2. Uncontested divorce

Contested Divorce
A contested divorce can be requested by one of the parties for one or more of the following reasons that you will found under section 1516 of the Thai Commercial and Civil Code:
A different female is awarded status and is maintained as the wife of the husband and/or adultery is committed by one spouse
One of the two parties to the marriage has committed a crime and is found guilty or other form of misconduct.
One of the two parties have caused severe mental, emotional and or physical injury to the other party or have severely affronted the other party and or one or more of this parties family.
One of the parties to the marriage has forsaken his marriage party for a period that exceed one year.
One of the parties to the marriage has been sentenced to a prison term by Court and has been in prison for longer than a 12 month period, provided that the plaintive is not guilty of any involvement, approval or aware of the crime or misconduct of the defendant. Moreover that should the parties remain married and live together the plaintive will suffer undue harm or tribulation
Both parties, out of own accord does not live together any more for a period longer than 3 consecutive years.
One of the parties to the marriage are believed to gone astray, and or left the mutual residence for longer than three years. In addition it is not ascertainable if the person is still alive.
Be deficient in maintaining a marriage.
One of the parties has been declared to be in poor mental health for more than three consecutive years with no prospect of recovery.
One of the parties has failed to remain committed to the bond of good behavior.
One of the parties is be diagnosed with a transmissible and contagious hazardous illness which is not curable and that can result in harm to the other party.
One of the parties are affected by a physical impairment to such an effect that it is not possible to enduringly live together as husband and wife.

The Procedure for a contested Divorce:

1. A petition must be filed at the Court
2. Where claims of monetary compensation are applicable (like getting back 50% of the “common” or “marital property” called “Sin Somros” in Thai) a deposit of 2% of the value of the claim must be paid to the Court.
3. If the ruling is made in your favor, judgment can be made that the other party must pay back the deposit.
4. In the event where children were born out of the marriage, you will first have to go trough juvenile division proceedings that will provide the court with a report in this regard.
5. When parties can not agree during the negotiation session in Court, a trial date will be set.
6. The burden of proof is on the plaintiff and the plaintiff must be present during proceedings. Should the defendant do not attend, only the evidence presented by the plaintiff will be taking into consideration.
7. This process can take between 3 to 12 months in normal circumstances. That doesnt include appeals.

There are 3 main tasks that the Court will:

A) Verify is there is enough evidence about the ground. If not, the Court wont grant a divorce and it will stop.
B) If there is enough evidence to divorce, the Court will decide about the children of the couple. If there arent any children, then it goes to next step. The Court will rule according to the best interest of the children.
C) The Court will separate the common property between spouses in 50-50%. In cases where adultery is the ground, a Thai court can also allows damages to be paid if damages are claimed to the Court.

How Couples Could Benefit From Mediation

So often we hear about how high the rate of divorce is in both the United Kingdom and the United States. Divorces can be emotional, time consuming, and expensive affairs. More than ever, couples are being encouraged to use mediation services in order to solve their difficulties, in order to avoid all the difficulties of a divorce.

When emotions are running high and couples don’t know how they can possibly make things work anymore, divorce can seem like the only way out. Communication is the key to all good relationships and when communication breaks down, relationships tend to break down too. Mediation services are great because they teach you how to talk to each other about how you’re feeling in an open and honest fashion.

It can be difficult to talk about our feelings, even to those who are closest to us. Having difficult conversations can be uncomfortable, and sometimes we need a helping hand. Despite the fact we are arguing with our partner, we generally don’t like upsetting other people.

Conflicts between loved ones can be particularly difficult to handle because relationships are so steeped in history. Mediation is future focused, so an independent mediator will attempt to move the relationship forwards rather than allowing the couple to dwell on past events. Bringing up old arguments and past mistakes does not resolve anything and is no basis for a healthy relationship.

This is one fundamental way in which mediation and divorce differ. Divorce courts do not accept ‘irreconcilable differences’ as a valid reason for couples wanting to split up. They instead insist that fault is blamed on one of the parties involved. This is perhaps why mediation is becoming such a popular option for arguing couples. Divorce is not as simple as one person being wrong and the other right; it is infinitely more complicated than that.

If children are involved, then mediation could be useful for a couple as well. If talking about your differences doesn’t solve them, it could at least bring some civility to proceedings. If you still decide to divorce then it is best to do so in a civil manner, so the children are not left feeling anymore confused and upset than they need to be. Deciding on how often children are to be seen and who stays with who is another big issue when it comes to divorce, and it is better if this can be settled outside of the divorce courts in order to avoid as much distress as is possible.

Ultimately, divorce sometimes is the only option for some couples. However, it is certainly better to do everything in your power to attempt to reconcile the relationship outside of the court room to begin with.