Published Articles

Win Your Divorce – 5 Tips

January 15th, 2010

5 Tips to win your Divorce:

1.File a Legal Separation or Divorce Action as Soon as Possible.

This is a stumbling block for many litigants. Living separate or apart is often not enough you have to clearly untangle finances in what is marital and non marital. While every state has different rules and ways of sorting these things out, formally filing a separation or divorce can help to legally and clearly determine what financial positives and negatives belong to you, your spouse, or the marriage.
2.Think With Your Mind, Not Your Heart.

The hardest aspect of most divorces is removing the emotion from your decision making process. Setting your emotions aside will help you with your divorce.
No matter how much it can or will hurt, you have to make your decisions with your brain.Don’t let anger and frustration rule your decision making process. This requires careful reflection and introspection. You should carefully act in your financial and personal best interest. Don’t worry about the other side, but instead evaluate your case with your lawyer’s advice in a way that says: “how does this help me?”.

3.Every E-mail, Voicemail, and Letter is Part of the Record.

Nowadays it might be obvious,but nobody seems to think it can happen to them. Whatever you write, say, or do, it will come back to haunt you. Just assume whatever you say or write will be played or read back in court. Would you want the judge to read it or hear it? If not, put down that pen, close your mouth, and delete that text. Use your right to remain silent in all forms of communications.
4.Organize and Document Your Finances / Property.

What do you own? How much is it worth? Real estate, Jewelry, Antiques, Collectibles can and will be divided if you are not prepared if you’re thinking about a divorce. Catalog your assets, debts, and holdings.  Does each spouse have a retirement account or fund; and if so, how much is the 401(K) worth? Many folks don’t know what their spouse makes, nor what he / she has in any of their accounts or what debts they may have also.

When you legally separate, getting access to these items can take time and money in attorney fees to document marital finances and/or properties. The division of property when properly organized and documented will help your case proceed in less time which means less attorney fees.
5.Protect Your Assets / Restrict your Spouse’s Access.

Possession is nine points of the law. Once you are legally separated, banks, lenders, and others can still allow your spouse access to your finances if you don’t inform them of the legal change of status in your marriage. Don’t let a spouse interfere by draining your accounts or your line of credit. Make sure you restrict access to your accounts and all financial information. Promptly make sure you exclude your spouse from control over your assets.However, a court may order differently, follow the order and avoid disposing or hiding assets. Restricting control doesn’t mean you can hide or fraudulently remove these assets from litigation.

Divorce Laws: Making A Clean Break Easy

September 12th, 2009
Divorce is a painful and extremely difficult process. Knowing how divorce laws function and understanding the court’s role in a divorce can help to make this transition smoother and easier  however.

Divorce laws govern the dissolution of a marriage. Every country has its own laws regarding divorce and, in fact, divorce laws can vary from state to state or province to province within a nation. Knowing your jurisdiction’s divorce laws can keep a bad situation from becoming worse, and save you future turmoil.

In the United States, divorce laws, in general, provide two basic forms of divorce: fault based and no-fault based. However, even in some jurisdictions whose divorce laws do not require a party to claim fault of their partner, a court may still take into account the behavior of the parties when dividing property, debts, evaluating custody, and support.

Fault-based divorces can be contested and may involve allegations of collusion of the parties, connivance, or provocation by the other party.

In a no-fault divorce, the dissolution of a marriage does not require an allegation or proof of fault of either party. Forty-nine states have adopted no-fault divorce laws, with grounds for divorce including incompatibility, irreconcilable differences, and irremediable breakdown of the marriage. New York is the sole exception divorce laws there still require a proof of fault.

About 95 percent of divorces in the US are “uncontested,” because the two parties are able to work out an arrangement concerning property, debt, children and support issues. When the parties can agree and present the court with a fair and equitable agreement, approval of the divorce is almost guaranteed. If the parties can’t work out their differences, divorce laws govern the fair and equitable disposition of these issues.

Divorce laws generally recognize two types of property during property division proceedings – marital property and separate property. Marital property consists of property that the spouses acquire individually or jointly during the course of marriage. Under divorce laws, separate property constitutes any property that one spouse purchased and possessed prior to the marriage and that did not substantially change in value during the course of the marriage because of the efforts of one or both spouses. Under modern divorce laws, separate property is returned to its original owner, while marital property is divided according to negotiated settlement and what the court deems equitable.

In cases involving children, divorce laws attempt to ensure the matter does not spill over into the family court system. In many jurisdictions, divorce laws require divorcing parents to submit a parenting plan spelling out each party’s rights and responsibilities.

Divorce laws also provide for the establishment of alimony, often depending on the length of the marriage and other factors. Spousal support is becoming less common, however, as more women are entering the workforce and earning their own income.

California Easy Divorce

August 18th, 2009
Jean Mahserjian asked:

People ask whether a California “Easy Divorce” is possible. Sure it is – when both parties will work together to expedite the process. A California “Easy Divorce” will not be completed when the husband or the wife wants to dispute any of the issues. Just like other states, California has set rules that have to be followed before you can get a divorce. This fact is unavoidable. Clients ask, how is it possible for one spouse to impede a California “Easy Divorce”? They can do so by arguing about issues, such as grounds for divorce under circumstances where grounds are required to be agreed on, or by choosing to dispute issues such as (a) what property to divide, (b) who the children will live with & how custodial time will be divided, or (c) how to determine if alimony ought to be given the situation.

All issues that have to be addressed prior to getting a California divorce can also be argued about. So, if you or your spouse wants to delay & halt an “Easy Divorce”, it can be done.

Then again, these issues could also be stipulated upon. If both parties need to agree to a California divorce, you must have agreed on all of the outstanding issues and enter into the California “Easy Divorce”. Therefore the number one matter that you need to determine should be whether each of you want to agree to work out a California “Easy Divorce”.

When both parties have agreed that you are going to negotiate a California “Easy Divorce”, you or your spouse will be required to ascertain the way to get all of the court papers completed and filed. One easy way to do this is to retain just one attorney to represent you and your spouse in order to write up all the court papers. Many clients do not want to work with just one lawyer and need to have independent legal guidance from a separately retained lawyer. However, it is likewise very common to engage two attorneys and have one of them complete all of the California divorce court papers that you and your spouse require, and then arrange to have the other lawyer agree upon them.

One more method for you to obtain a California “Easy Divorce” would be to review and utilize one of the internet services to prepare all of the documents on your behalf. You can pick out an internet service from those available and they can prepare the court papers required for a California Easy Divorce. If you use such a divorce service, be sure you and your spouse will be getting divorce forms pertinent for California.

There are three different types of internet services out on the net. If you decide you want to use an internet service to prepare your California Easy Divorce, you are going to need to engage one of these services.

One type of internet service will mail to you the legal forms for a California divorce. The legal forms should arrive with complete with instructions for how to fill them in, however, you will be required to fill them out yourself.

Another type of service is an internet service “complete forms preparation” company. That category of company asks that you fill out questionnaires with respect to your family. Then, this particular type of internet service will actually fill out the pertinent California divorce legal forms for you and your spouse and forward them to you with instructions explaining how to submit them.

Another of internet service is a “complete” service and sometimes can be offered by a law firm. This form of internet service is going to mandate that you and your spouse prepare questionnaires, in order to complete the required documents, then they will acquire the signatures required from both parties, and then the service will actually file the legal paperwork that you need. This category of divorce service is almost always significantly more pricy than the other two since the parties shall actually remit the filing fees to the company and they will file the divorce forms. With the other types of internet services you can hire for your divorce, the parties docket all of the legal papers themselves and they will have to pay the California Divorce filing fees on your own.