Divorce Lawyers Blog

To Divorce or Not Divorce? That is the Question

2008-02-04T06:04:00.001-08:00

Before moving on with what you need to know about divorce, the next few paragraphs will ask you to look before you leap if you find yourself wanting out of your marriage. Choosing to divorce might ultimately be your decision, but it should be one made in a state of calm with little doubt and few regrets.
Decisions made in haste can take on lives of their own, and before you know it, there may be no turning back to save your marriage. Deep down we all know when we are at peace with the decisions we've made whether big or small. Sometimes we listen to our gut and sometimes we don't.
When we make decisions and take action while our doubt mechanism is in full gear, we know we will eventually pay for it. To avoid this scenario, respect the little voice inside you, if it says "wait." Your gut instinct is asking you to reevaluate the situation before making your decision. Before making this significant change in your life take a good look at yourself and your concept of marriage.
When you're looking at the choice to divorce, forget all about the idea of the romantic fairy tale. It's time to take a good look at marriage and understand what it really takes to make this type of partnership work. Depending on how realistic and honest you are when evaluating your situation, when it comes to a divorce, you may find that the grass may not always be greener on the other side. For a good dose of reality, sit down and write out a pro and con list of staying married vs. the realities of divorce and being single.
Consider the following: children, your career status and ability to make money, finances, life style changes, cost of divorce, being single again and the threat of sexually transmitted diseases once you're back on the dating circuit.
Consider the following:
· Have you gone to marriage counseling?
· Have you and your spouse taken the time to talk and isolate the real problems of the marriage?
· Do you really listen to each other or just nag, complain and tune out?
· How well do you compromise and try to find time for enjoying quality time together?
· How productive or destructive are your methods of fighting?
· Do you kiss and make up without holding grudges?
· Are you teammates working toward the same goals?
· Are you both willing to work on your issues together?
Writing out the answers to these questions will help guide you in making an educated, rational decision. Divorce is difficult, but it might be your best option and worth the temporary discomfort of transitioning into a new life. The process of honest evaluation will help you experience more peace and have fewer doubts regardless of your decision.

To Divorce or Not Divorce? That is the Question

2008-01-03T08:09:00.000-08:00

Before moving on with what you need to know about divorce, the next few paragraphs will ask you to look before you leap if you find yourself wanting out of your marriage. Choosing to divorce might ultimately be your decision, but it should be one made in a state of calm with little doubt and few regrets.

Decisions made in haste can take on lives of their own, and before you know it, there may be no turning back to save your marriage. Deep down we all know when we are at peace with the decisions we've made whether big or small. Sometimes we listen to our gut and sometimes we don't.

When we make decisions and take action while our doubt mechanism is in full gear, we know we will eventually pay for it. To avoid this scenario, respect the little voice inside you, if it says "wait." Your gut instinct is asking you to reevaluate the situation before making your decision. Before making this significant change in your life take a good look at yourself and your concept of marriage.

When you're looking at the choice to divorce, forget all about the idea of the romantic fairy tale. It's time to take a good look at marriage and understand what it really takes to make this type of partnership work. Depending on how realistic and honest you are when evaluating your situation, when it comes to a divorce, you may find that the grass may not always be greener on the other side. For a good dose of reality, sit down and write out a pro and con list of staying married vs. the realities of divorce and being single.

Consider the following: children, your career status and ability to make money, finances, life style changes, cost of divorce, being single again and the threat of sexually transmitted diseases once you're back on the dating circuit.
Consider the following:

Have you gone to marriage counseling?
Have you and your spouse taken the time to talk and isolate the real problems of the marriage?
Do you really listen to each other or just nag, complain and tune out?
How well do you compromise and try to find time for enjoying quality time together?
How productive or destructive are your methods of fighting?
Do you kiss and make up without holding grudges?
Are you teammates working toward the same goals?
Are you both willing to work on your issues together?

Writing out the answers to these questions will help guide you in making an educated, rational decision. Divorce is difficult, but it might be your best option and worth the temporary discomfort of transitioning into a new life. The process of honest evaluation will help you experience more peace and have fewer doubts regardless of your decision.

Paternity and Divorce

2007-11-27T11:21:00.000-08:00

Sometimes, with divorce, come arguments over child custody and even paternity. Paternity cases focus on establishing that the presumed father is the biological father of the child. In addition, a paternity suit can determine custody and visitation of the child, order a parent to be monetarily responsible for the birth of a child, and can order a parent to pay for day care expenses that were incurred because of work.

Paternity cases are often filed by the mother of a child in order to establish financial assistance, such as childcare. In other circumstances the father of a child can file a paternity case in order to establish visitation or custody with their child. Mothers who file for paternity are in effect giving rights to the father for visitation with the child. On the other hand, a father who files paternity will also be required to pay the mother for child support and other expenses related to the upbringing of the child. In instances when there is a question as to who the biological father of the child is, accurate and reliable DNA paternity tests can be done.

To find out more about paternity, child custody, and child support, click here.

Uncontested and Contested Divorces

2007-10-08T13:55:00.000-07:00

At the heart of every divorce are three issues:

· How to divide the community property
· Who will have custody of the children
· How much child and spousal support should be paid

While no divorce is truly "uncontested" in the sense that there are no disagreements, these disagreements do not always have to be resolved in court. An uncontested divorce is one where the spouses can reach a decision as to the terms of the divorce without going to trial. Uncontested divorces move much faster through the court system and are therefore less expensive.

It is recommend that every couple seeking a divorce first use all means possible to work out mutual terms for the separation, without going to court. If the spouses cannot work things out on their own, arbitration and mediation, with or without attorney representation, is recommended. Not only will this save time and money, but by bypassing the lengthy litigation and trial process, an uncontested divorce typically leads to reduced hostility and resentment among the ex-spouses, and both are able to resume their lives more quickly.

Contested divorces, on the other hand, often involve complex issues, high financial stakes and technical legal procedures in court. While an uncontested divorce can often be performed without an attorney, it is best to retain experienced counsel in a contested divorce due to the litigation involved. Furthermore, if one spouse is represented by an attorney or if there are difficult or major financial issues involved in the divorce, it is recommended that you seek an attorney.

If you or a loved one has been involved in a divorce or is about to get married in New York City or Long Island—including Nassau or Suffolk Counties, please contact the experienced Divorce Attorney Law Offices at Silberstein, Awad & Miklos.

Why Get a Prenuptial Agreement?

2007-07-20T07:06:00.000-07:00

A prenuptial accord is a contract between two people about to wed that details how assets will be distributed in the event of divorce or death. There are two types of prenuptial agreements (commonly called "prenups"): a marriage contract for people who are about to be married and a cohabitation agreement for unmarried couples. A variation for people who are already married is called a postnuptial agreement.

Most people think that only the very wealthy seek prenups, but that is not the case. Couples of modest means are increasingly turning to them for their own purposes. For example, a couple about to be married may use a prenup to outline what will happen to their property when they die so that they can pass on separate property to their children and still provide for each other. Without a pre-existing prenuptial agreement, a surviving spouse might have the right to claim a large portion of the other spouse's property leaving much less for the kids.

Prenups are most often used for the following purposes:

Keeping finances separate. If a couple divorces or when one spouse dies, the marital property will be divided between them, either by agreement or by a court. If you want to avoid this, you can do so in a prenuptial agreement.

Protecting each other from debts. If a prenup is not in place, then creditors can sometimes turn to marital property to satisfy the debts of just one spouse. A prenup can limit your liability for a spouse's debt.

Provide for your children from a previous marriage.

Keep property in the family.

Define who gets what if you divorce. This is probably the most common use for a prenup, especially when one or both spouses is very wealthy.

Outline child support, custody and visitation issues.

Relinquish the right to alimony.

If you or a loved one has been involved in a divorce or is about to get married in New York City, Long Island—including Nassau or Suffolk Counties, please contact the experienced Divorce Attorney Law Offices at Silberstein, Awad & Miklos.

Domestic Violence Victims Find Bravery Through Judicial System

2006-09-02T15:44:00.000-07:00

Although there are still few reported cases of domestic violence in specific states, it is becoming increasingly more common nationwide for domestic abuse victims to prosecute their abusive spouses in the civil justice system. Men and women who have suffered from living with abusive spouses are often (especially in the case of men) submissive about their abuse, ashamed or afraid of the recoil society may have against them. Even though it takes a great deal of bravery to admit to have been battered by a wife or husband, many people feel as though they are exposing an awkward weakness about themselves, and so they never seek the justice they deserve. There is also a lingering fear that the spouse will continue to stalk the victim. Many cases of personal injury and domestic violence involve stalking through use of phone wires, video cameras, disrupting private property, and physical invasion of personal privacy. After the victim has been stripped of privacy, they often find it terrifying to attempt to gain help, thinking that the spouse may easily discover the move and attack before any real help is gained. Cases have also been found where a spouse will follow the victim to work or social events.

Despite all these terrifying odds, men and women are now stepping up against their oppressors in a slow mass horde. According to Jeffery R. Dion, the director of the National Crime Victim Bar Association in Washington, "Domestic violence victims are increasingly using the civil justice system to hold their perpetrators accountable.... If a batterer is arrested, the victim often loses a key source of financial support and may need medical help, counseling or to move." Hiring a divorce attorney to prevent these disasters may help a victim gain proper compensation from their abusive spouses to cover moving fees, financial support, child support, pain and suffering, and medical fees. Many men and women who face a domestic abuse case in court without a divorce attorney wind up having to survive in a much less habitable environment due to a lack of child support or medical fee compensation - they continue to feel the pain of the abuse, even after being brave enough to face their perpetrator.

If you or someone you know is suffering from domestic violence or domestic abuse, call the police immediately. Be sure to locate a reliable divorce attorney to help prevent further damages - feel free to contact divorce lawyers in your area such as Palidori, Franklin, and Monahan, L.L.C. in Denver, Colorado.

Your Needs and the Government

2005-10-25T16:30:00.000-07:00

Despite the common fear, there is no reason for anyone considering divorce to fear the legal system. Its only purpose is to help those in need of divorce. At Jacoby and Meyers in San Diego, CA, it's all about giving people greater access to the legal system. It is their job to ease you of your worry, not cause more. They are there to answer any questions you might have, help settle you issues, and represent you in court. They specialize in dissolution of marriage, custody & support, name changes, guardianship of children, and adoptions. Do not be afraid of lawyers, they will prove to be an incredibly valuable asset to your family.

Is Divorce a Caustic Trend?

2005-10-18T17:05:00.000-07:00

For struggling families, this question may become predominant in everyday life. When a ruction occurs in the natural order of families, guilt and tension rise to frightening levels. People fear divorce not only because of personal psychological affects, but because the divorce around them seems to grow at an exponential rate as time goes on. When people get married nowadays there is often the joke of "getting the first one out of the way". Whether the future of society as we know it is at stake or not cannot truly be told. If you're considering divorce, think of the people around you. If you have children, what benefits them the most?

While studies have shown that divorce almost always affects children in a negative behavior, it has also been proven that children can lead normal, happy lives after the divorce, better than they were before, if the situation is handled well. This doesn't require that a parent become neurotic about their child's mental condition; it has been shown that simple honesty, sympathy, and kindness goes a long way in helping a child through a tough divorce. A parent that shares their fears with their children often helps them get over their own as well.

Resources:
DivorceNet
BBC - Separation and Divorce