What Everybody Ought to Know About Divorce?

by Dennis Gac

An epidemic has been slowly gathering momentum for the last many decades. Over the last two centuries, the world has undergone such changes that our forefathers couldn't even imagine of. Due to globalization, the world is becoming increasingly smaller as barriers break between different cultures. Science and technology has surpassed the wildest limits of human imagination. However, man has to pay a very dear price for such glory. Human relationships, which are the basis of all existence, are breaking down.

Broken homes no longer excite any surprise as the word "divorce" becomes a term of everyday use. With an increased demand for professional marriage counselors, people are flocking to whoever is available, for solutions. The scenario is extremely chaotic as one may imagine. Broken relationships and custody battles over children are occurrences that man has learnt to take in his stride. As behind every other phenomenon, causes abound here as well. For all the hype and glory surrounding globalization, one is really led to wonder about what interconnectedness it has achieved.

Man seems to be becoming more of an escapist with the lapse of time. Couples are unwilling to take the time and effort to solve matters and save a marriage. The only exit route is a divorce. One leads to another and so we have this new wave of emulation where one divorce encourages other couples to even consider it and keep it at the back of their minds. We have deliberately limited our options, to such a level that nothing other than divorce can make sense of a happy marriage. Our minds shut down and refuse to look beyond it. In short we have cut down our cognitive powers to almost a standstill.

This is a psychological phenomenon of close ended thinking. Our thinking processes become absolutely stationary and no other options but the one present in front of our eyes exist. We do not even bother to reflect and look for other solutions before calling up our lawyers to draw up divorce papers. Parting ways seem to be the only thing to do today. People are getting divorces for the pettiest of reasons, and that too just because everyone is too selfish and egoistic to make the first move in working things out.

The social and the psychological side effects of divorce are immense. Not only are the two people involved, it becomes worse if there are children as well. These kids grow up watching their parents fight out bitter battles in the divorce courts, slinging bitter abuses and allegations at each other. These children with such a traumatic background grow up to be repressed individuals with a variety of social, mental and physical problems. Also it sets a trend for the future generations to come, for whom divorces are the best options available. It takes only a minor misunderstanding or a petty fight for a couple to start off divorce proceedings. True commitment doesn't let go so easily. Divorce is an alarming phenomenon that has arrived as emotional baggage in the advanced lifestyle of modern man.

About the Author
Dennis Gac represents Father Rights Organization which helps fathers to regain their children's back into their custody. If you wish to know more about father rights just visit the website http://www.fathershelphotonline.com and more information about father rights.

Prenuptial Agreement

by Jason Hennessey

A prenuptial (commonly abbreviated as prenupt) agreement is an agreement entered between a man and a woman who intend to get married, just before they tie the knot. Various countries across the world have been recognizing prenuptial marriage agreement for a long time. However, the terms of the agreement may vary from country to country according to the laws of those particular countries. Despite that, there are some aspects that remain common to most of the constitutions across various countries which apply the agreement. For instance, many agreements will show how to partition family property in case of divorce and how to take responsibility of the spouse and the children in the event of marriage break-down.

Many countries such as Germany, Japan, Canada, Great Britain, France, and others have had marital laws of which some have prenuptial agreements included. According to these laws, both the brides and the groom's parties should have a lawyer representing each side to ensure that the law is enforced without any slip-up. At times, both camps may retain a private arbitrator to witness and approve a prenuptial agreement signing, to ensure that the event has taken place as expected by the laws of the country. Some judges and law offices recommend presence of both the bride and the groom family members and coverage by media, for instance, through video recording.

Most couples are in support of Prenuptial Agreement due to disputes that may arise and cause termination of marriage. The agreement protects the spouse's property and guarantees responsibility of the spouses to the children. However, since most of the times these laws are unenforceable, prenuptial agreement may not be powerful enough to limit the rights and alimony of both parties. Therefore, it may not be possible to set aside some assets and execute prenuptial agreement after the divorce of the said parties.

Apart from guiding on what to do in case of divorce, prenuptial agreement also dictates what to be done in case of death of one or both spouses. The agreement acts as a contract or a will to claim all your probate rights; on property, homestead, allowances, predetermined heir rights, right to stand as an executor or administrator of the property of the spouse.

Contrary to what majority of the couples may believe, asking to have prenuptial agreement does not necessarily mean you are anticipating divorce. Through this agreement, family assets, ties and inheritances can be preserved. In all the marriages, disputes are more likely to erupt. This does not necessarily mean that there is no trust between the family members. For instance, financial matters are like to arise, and need to be faced. Taking a prenuptial agreement ensures that all is protected.

However, it is important to discuss the matter of the agreement with your partner before walking down the aisle. Be open to each other without having to hide thoughts and feelings. This will ensure that your trust on each other concerning the future of the family is solidified. Else, prenuptial agreement can not guarantee you will live together, in health and sickness, in richness and in poverty until death do set you apart.

About the Author
Jason Hennessey is the President and founder of 1weddingsource.com, today's leading wedding social networking planning site. 1WeddingSource is a nationwide wedding directory of wedding vendors connecting brides from almost every major center in America.

Three Things That Are Needed From A Divorce Lawyer

by Paul Abbey

You want three things in your divorce lawyer; expertise, reliability, and the right attitude. In these circumstances you will need a divorce attorney who has at least half their workload in this area and one that is able to act as a mediator.
Still, you also need to feel at ease with them; someone who immediately instills a sense of trust.

Mediation minded attorneys are more likely to give you problem solving advice, whereas traditional attorneys tend to be more oriented to conflict and their advice tends to be adversarial. Some of the work load will be yours so you need to ensure you are well prepared each time you speak with your divorce lawyer and know exactly what they need from you and vice versa.

Make sure you know exactly what you intend to ask and record the answers as each time you contact your lawyer there will be a charge involved so note times dates and durations of conversations. Keep a file for all your notes, letters and documents so do as much as possible on the phone and by mail to keep the office time at a minimum.

An attorney does not come cheap so use them only for the purpose you hired them for, legal advice, they are not there as an emotional problem solver, there are other professionals who specialize in that area. When you talk to a divorce lawyer, stick to the facts and don't complain about things your spouse did unless you actually want your lawyer to do something about.

You really want your lawyer to know that you are in control and in charge of what is going on and that they are to help you with legal and technical issues and not to get your life straight. You are employing them for their experience but at the same time you need them to understand that it is your divorce and you want to make the decisions about how it is too proceed. You will need to instruct them to forward any information they have received to you and you expect a prompt reply to any issue you may raise.

Don't think that you have to enter into proceedings armed with a lawyer in tow as they aren’t always necessary although you may wish to speak to one just for advice on a marital settlement for example. After you have organized all your facts and read about how the law works in your case, if you still have questions about the law or the likely outcome, write all your questions down and ask your lawyer. Divorce lawyers can draw up or assist with marital settlements their clients have drawn up themselves, but in this scenario, if things awry at least you will have someone who is familiar with your case.

About the Author
P Abbey owns and operates http://www.couplecounselingin.com Couple counseling

The Secrets to Hiring the Best Divorce Lawyer

by Joseph Carter

"Will you take this person to be your life partner" says the magistrate. "I do" you say. Was getting divorced in your mind when you walked down the aisle or took your place between the magistrate and your best man? Despite the fact that most couples never contemplate divorce, a lot of things can go wrong, and you have no other choice but to get out of the relationship to save your saneness.

At the point of detachment, your relationship has already deteriorated and you cannot communicate with each other sensibly without wanting to leave and not return. Fortunately, the best divorce lawyers may be just around the corner. The trouble now is how to discover these people and hire them to protect your stakes. To help you find the best divorce attorney who can give you sensible advice, here are some tips for you.

Do a Lot of Research

Obtaining the best divorce attorney who can campaign for your rights requires that you do your preparation, and do it well. Go on the internet and find a lawyer referral center near you. These referral centers have lists of best attorneys and some of them may be near you. You may not have to go far to to obtain counsel for yourself. If you there are no attorney referral services near you, ask your acquaintances, family members and co-workers for referrals. Someone in your circle of friends and family may have experienced divorce and he or she may be able to service you in that area.

When somebody refers a divorce attorney to you, don't hire the lawyer immediately. There's no confidence that he/she is the best divorce attorney there is. Before you employ the services of that attorney; first, you need to do some inquiry about his/her work. Find out who the former customers of that particular attorney were, and what happened to the case that he/she addressed. If majority of the clients of that particular attorney were content with the service, then take that attorney.

Confer With The Lawyer First

There are lawyers who are willing to do whatsoever his/her client requests. There are too lawyers who will stay with what they believe is correct. Be sure that your prospective attorney will address your divorce with your best interest in mind. Confer with that attorney first and talk over your divorce with him/her and agree on how to move forward.

About the Author
Joseph Carter writes primarily in the field of family law and divorce. He is associated with www.texas-divorce-info.com, a site where you can locate Texas Divorce Attorneys. If you are considering divorce or are already going through a Texas Divorce you can get a free 55-page Divorce and Custody Resource ebook by visiting www.Texas-Divorce-Info.com.

Tips to Help You Choose a Cheap Divorce Lawyer

by Joseph Carter

According to 50% of the U.S. married population, divorce is one thing they can live without. Divorce causes strain, anxiousness, and can definitely exhaust the bank account. As much as we would like to avert experiencing a divorce, there comes a point when you just have got to get out of a marriage to preserve your sanity. If your relationship is past saving, then it's time for you to begin searching for a cheap divorce attorney. Cheap divorce attorneys may not be the strongest attorneys in town but they get the job done. Actually, there are several cheap divorce attorneys that are very proficient at their occupation and very loyal to their clients.

Choosing the Right Lawyer

Obtaining a cheap divorce lawyer can be difficult, especially if you live in a busy city where the cost of living is high. Luckily, the internet can assist. Online publicizing is very inexpensive, so more lawyers can now promote their services in this manner. Just perform an online search for cheap divorce lawyers in your area and you will get plenty of ads in a matter of seconds. Ascertain as many of these advertisements as possible, narrow your list to at least five cheap divorce lawyers within a particular radius from your home, and give them a call. Forget about obtaining a lawyer, who quotes prices that are above your budget. You want to preserve as much capital as possible. It would be another good idea to stay close to home.

After specifying your list of prospective attorneys, you need to do some research on the lawyers' practices. You should not bank on what these attorneys articulate about themselves in their advertizing. Keep in mind, these lawyers are trying to sell their services, so they will only say advantageous things about their practice. Determine if these lawyers are really as good as they say they are. Complete independent research, and learn about their track record through the local bar association. If a certain attorney is not a member of good standing in the local bar association, there must be something wrong.

Another way to discover the reputation of particular cheap divorce lawyers is to take a peep at the cases they've handled in the past. Quality lawyers are not reluctant to tell their clients about the cases they've managed. If your potential attorney is reluctant to give information about cases he/she has handled in the past, it would benefit you to steer clear of that lawyer.

About the Author
Joseph Carter is an author who regularly writes on the subject of divorce and family law, wrote this article on behalf of www.texas-divorce-info.com, a website that can help you locate Divorce Attorneys in Texas. If you are seeking or involved in a divorce case visit the website for a free 55-page Divorce and Custody Resource ebook go to www.Texas-Divorce-Info.com.

The Frugal Divorce - Getting Divorced Without Going Broke (II)

4. Know your attorney's full billing policy.

Recently, I read an advertisement for a "$350.00 flat fee for uncontested divorce" offered by a local law firm where I practice. The ad seemed deceptive since the filing fees for a divorce in the county where I practice were $250.00 which were clearly not included in the quoted price of $350.00 for an uncontested divorce. With the filing fee, the cost of a process server and any other necessary outside expenses, the ultimate cost of the divorce would be similar to the rates charged by other attorneys in the area. Thus, regardless of whether the attorney charges a flat fee or an hourly rate, you should always review the attorney's billing policy to see whether there are other charges such as filing fees, postage, service of process, long-distance telephone charges, copies, or other charges in addition to the quoted fee.

The other key word in the "$350.00 flat fee for uncontested divorce" ad was the word "uncontested." Often, parties will jump at the offer without asking the question of what happens if they cannot reach an agreement with their spouse on the terms of the divorce. If this happens, the "uncontested" divorce quickly becomes a "contested" one and the client often has to pay additional fees for contested divorce representation.

5. Know whether your attorney incorporates recent technological advances into his or her practice.

Does the attorney use email? Believe it or not, there are still attorneys who do not have a computer in their offices let alone use document automation software or computerized case management systems. They rely upon more traditional methods of communication and this works well for them and their clients. However, with such methods comes the need for additional personnel, increased telephone expense, and a greater time investment than would exist if these technologies were used.

Document assembly software is simply software which generates the various forms required for a divorce filing from a central database of client information. Rather than entering the same information numerous times on numerous forms, the information is entered once and the documents are automatically populated with the requisite information. Document assembly software streamlines the document assembly process and allows attorneys to spend less time drafting paperwork and more time focusing on the legal issues in the case.

About the Author
Steven Kokensparger, practices family law with the Columbus, Ohio firm of Kokensparger & Ryan, LLC. He is certified by the State of Ohio as a family law specialist and is a frequent lecturer for the Ohio State Bar Association. For more information, visit him at http://www.midohiodivorce.com

The Frugal Divorce - Getting Divorced Without Going Broke (I)

by Steven Kokensparger

If you are unfortunate enough to find yourself caught in a divorce during these tough economic times, you're going to wonder how you can make sure your interests are protected in your divorce without breaking the bank in the process. Here are five suggestions from http://www.midohiodivorce.com to help keep the cost of your divorce litigation in check.

1. Don't even consider going it alone unless you have no other choice.

One trend which has been frustrating family courts has been the increase of "pro se" divorce filings. "Pro se" is the term commonly used for parties who are without legal counsel. Although a divorce can be a complex matter fraught with opportunities to make extremely costly errors, the court generally cannot provide legal advice to the parties nor can it refuse to hear the case without involvement of qualified divorce counsel. Even with a slight error in language, the end result can be the loss of an interest in retirement funds, the loss of child custody, the inability to discharge debts in bankruptcy, errors in spousal support calculation, and numerous other possibilities. Even if the end result is satisfactory, going it alone can result in needless frustration, a substantial, and unforeseen, time commitment on the part of the pro se parties and the court, and more cost than initially anticipated in light of additional court costs and time away from work finalizing the case.

When looking at the cost of divorce litigation, parties often look at the expense of the attorney and court costs alone without taking other, indirect, costs into account. While an attorney may charge $1,500.00 for an uncontested divorce, a party who decides to represent himself may find that the fee would have been well worth it once he goes through the process of doing the requisite research, completing the requisite forms, filing them, and addressing any problems raised by the court.

The general rule regarding legal representation in your divorce case is simply this: the earlier in the divorce process that you consult legal counsel, the more effective your legal counsel can be. While you might not be sure as to whether you wish to file for divorce or take other steps to address the conflict in your relationship, an experienced family law attorney can be a considerable resource. While most experienced family law attorneys maintain a low fee for initial consultations, they are also willing to discuss your options with you so that you may make an informed decision. Further, many maintain a list of competent marriage counselors and other community resources to assist you. They can also help you consider whether certain actions will affect you positively or negatively in a future divorce case.

If you simply do not have the financial ability to hire a qualified family law attorney, there are a few other options available to you. Quite often, the local Legal Aid Society will provide representation to indigent clients in divorce cases. You should also contact the local bar association and local law schools to see whether they offer a divorce clinic where indigent parties can obtain free representation in their divorce cases. If all else fails, and you do have to complete your paperwork yourself, you can often hire local counsel for a nominal fee to simply review your paperwork and advise you regarding any glaring errors he or she may find before you submit it to the court for filing.

2. Consider using alternative dispute resolution.

Sometimes even the roughest conflicts can be resolved amicably through mediation or collaborative law. The only true way to limit the expense of your divorce is to try and resolve your issues amicably with your spouse. This can involve one on one mediation or a settlement conference with your attorneys present. However, you should always inquire with your attorney regarding options for settlement or streamlining the process through any available alternative dispute resolution programs.

3. Do your research before retaining counsel.

In interviewing attorneys, make sure you know as much as possible about their experience and focus of their practices before making a final determination. Family law attorneys can have varying degrees of experience as well as a broad range of strengths, skills, relevant education and training, and, of course, weaknesses. In choosing an attorney to represent your interests, you should seek out an experienced and concerned attorney who will represent your interests and promote your goals zealously while also making sure that your decisions are being made based on reason rather than emotion. Most importantly, you should seek out an attorney with whom you are comfortable and who you feel you can trust.

The determination of whether one is comfortable with an attorney and feels that he or she can trust the attorney is obviously a personal, and subjective, one. However, the determination of whether an attorney possesses the optimal amount of experience and knowledge in family law can be easily researched and ascertained through a couple of questions in the initial intervie.

Find out, for example, if your state offers a "family law specialist" designation and, if so, whether the attorney you are consulting with is a family law specialist. Quite often, a state family law specialty designation carries heightened requirements concerning the percentage of the attorney's practice devoted to family law cases, continuing legal education dedicated to family law issues, references from local family law attorneys and court staff, and often even submission to a family law specialty exam or other advanced screening process.

Not specializing in Family Law Practice does not mean an attorney is not competent to handle a Family Law case. However, where the attorney is not a specialist, or if you live in a state which does not offer a family law specialist designation, you should still inquire regarding the percentage of the attorney's practice which is devoted to family law cases. Often, a greater focus on family law cases will entail an office with staff who are more experienced with the family law process and in handling issues which may arise from day to day as well as a more streamlined approach to handling domestic cases which, in turn, may result in more efficient and expedient representation.

To be continued