Filing for Divorce

October 18, 2011  |   Posted by :   |   Divorce   |   0 Comments

1. The requester is the one who begins the divorce petition. You must fill out the following forms:

-Marriage Petition: Used to provide the court with some essential facts about you, your spouse and your marriage. This form can also be used to ask for some court orders.

-Summons: Will hold a lot of crucial information that you can employ throughout your case. It also holds some information about some restraints that will limit what you can do with your assets and property as well as your children.

-Property Declaration Form: is used to list your properties and debts if you’ve run out of space in the above form.

-Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act: will need to be filled out if you and your spouse have any minors (children under the age of 18).

-Child Custody and Visitation Application Attachment: Must be completed if you desire to ask the court for custody and visitation orders. Though the Child Custody and Visitation Application Attachment is optional, it’s best to use this form because it contains more detailed information about schedules etc.

2. Make sure you have all your paperwork looked over by a lawyer or family law facilitator to guarantee that all the facts are present so that there is no holdup in your case.

3. Find out if there are any other local forms that you should complete to move onwards with your case. Inquire the court clerk or your lawyer about any supplementary court forms you may be needing to complete.

4. You need to make extra copies of all the paperwork. One set will be for yourself, one for your spouse and the originals go to the court.

Choosing Mediation: Proper Etiquette

October 14, 2011  |   Posted by :   |   Mediation   |   0 Comments

Even though you’ve decided to take your case to mediation rather than to court infront of a judge, you should still behave with respect and consideration. When presenting your opinions, always talk understandably and also take time to take note to the other individual’s views. Remember that if you want to be treated with respect, you must also show respectfulness.

If you can use mediation effectively, both parties will leave with a fair and satisfactory resolution where both voiced with opinions and concerns. Remember that there are two sides to every story and be open enough to listen and process what the other individual is saying. You may not have thought about how the dispute has affected the other person, but mediation is about trying to understand how the incident has impacted both parties and by doing so, you can easily reach a suitable resolution.

Take into consideration the other party’s settle solution and clearly state what you were hoping the dispute would resolve with. Mediation has some positive effects if a closure can be reached. You will feel empowered that you’ve come to a result without the aide of a judge and you will be satisfied in knowing that the settlement attained is agreeable to both parties. That procedure is often time-consuming and expensive. You also have no say on your verdict because it is the judge who makes the decision, not you.

What is Mediation?

October 11, 2011  |   Posted by :   |   Divorce,Family Law   |   0 Comments

Mediation is where a neutral third party attempts to resolve disputes between various individuals. The neutral third party attempts to remain unbiased toward the parties so that a fair outcome can result. Mediation is voluntary and therefore the parties do not have to feel that they are at the mediation session against their will. Divorce can be costly, mediation can potentially keep the costs down when attempting to come to an agreement.

During the mediation session both parties will have an equal amount of time to voice their opinions and attempt to come to a solution. The mediator is not in charge of coming to a solution for the parties they are simply the facilitators in the communication dialogue between the parties.

If you would like further information on mediation or divorce it is helpful to contact a legal professional to find out details of  the divorce or mediation process. At times it is a matter of preference if mediation is selected as opposed to going through the traditional divorce proceedings.

Past Due Child Support Payments

September 22, 2011  |   Posted by :   |   Child Support   |   0 Comments

Paying child support is done to financially help with the raising of your child. When you fall behind in your payments, the other parent may have to struggle to keep providing all that your child needs to grow up in a safe, healthy and stable environment.

Like other bills you pay, when you call behind on your monthly child support payments, interests will build on the balance which is past due and this interest cannot be stopped or put on hold by a judge. The interest on any child support that was due on or after January 1st, 1983 is 10%. Interest on a past due balance that was due before January 1st, 1983 is 7%.

If your wages are being garnished to extract child support payments and you owe a past balance, there might be an extra amount removed from your wages to start paying off your arrears. This is called liquidation amount and even if your arrears are slowly being paid of, interest is still building on them.

There are very serious consequences to not paying child support and can result in jail time, especially if the person who isn’t paying the court ordered child support but is financially capable of it. This can be considered as ‘in contempt of court’.

Understanding Separate Property

September 19, 2011  |   Posted by :   |   Divorce,Separate Property   |   0 Comments

Anything that you’ve owned before your marriage or registered domestic partnership is considered separate property. Also any gifts, inheritances that are given to one spouses or any rents/profits that you make on any of your separate property are also considered separate property.

Anything you purchase with your separate property is also separate property even if it was obtained while you were married. For example, if you purchase a building with an inheritance that was left to you and only you, that building and any profits you make from that building is yours alone. Separate property also refers to any earnings you make after your date of separation which is why the date of your separation is so very important.