family-cases-blog

Financial Responsibility to Carry when the Marriage is Over

Sat, 20 Jul 2013 05:05:30 +0100

Separating ways after the dissolution of marriage succeeds the mediation process gone through by both spouses, but the consequence of this never ends until the responsibilities agreed upon by them are performed. And the lapses thereto can result to one party compelling the other for the compliance of what has ben put into writing with the divorce mediator or counselor or as ordered for by the court. One instance here is when the alimony or the monthly support is not given by the divorced spouse to the other, though there may be circumstances which can justify the matter. Nevertheless, this does not mean that the grant is automatic and obligatory upon the dissolution of the once presumed as a “lifetime” contract; hence, being aware of these facts about alimony is necessary:

Rules governing the Grant of Alimony

If the spouse has good earning or higher income than the other to whom she is married for long years, there is higher likelihood that the former will be ordered to pay alimony depending on the schedule set for by the court. However, it is noteworthy that such is not awarded for short marriages or where both spouses have the same earning. And if this is granted, the spouse will be obliged to pay a definite amount until the interference of these circumstances: the date is specified by the judge for several years in the future, the other spouse remarries, the children no longer need full assistance from the spouse, the judge determines that the other spouse is not even giving partial support, justifiable circumstances such as retirement occurs, and one of the spouses dies. Meanwhile, the alimony issues are often best resolved with the spouses reaching an agreement as to the amount and length of time that the alimony will be paid. But if this process is not feasible, the court will set the terms by holding trial and that can cost lots of time and money.

Paying or Receiving Alimony

As viewed in most states, the spouse who is ordered to pay alimony or spousal support or maintenance has no bad connotation considering the circumstances involved. Thus, it is generally considered as part of the cost of marriage until the spouses have departed because of death or any other reasons. Nevertheless, the determination whether the spouse qualifies for alimony is in accordance with the rules set for the matter or as found out by the court considering various factors such as regular earning and standard of living during the marriage.

Refusal to Pay the Alimony

When the spouse has been ordered by the court to pay alimony as requested by the other but eventually refuses to comply such financial responsibility, a legal action can be initiated to enforce the order through earnings assignment order and a contempt proceeding. And notably, the orders for the payment of monthly alimony have the same force like any other legal orders; hence, if carried out properly, the prayer of the person to obtain regular payments can be enforced.

Indeed, with the financial responsibility to carry after getting divorced, the string that binds the spouses is not yet unchained until everything is over.

Overcome Divorce with a Family Law Attorney

Fri, 31 May 2013 08:11:27 +0100

Family law is a field of law that involves family issues and relationships. It encompasses anything from divorce proceedings to adoption finalization. Regardless of the type of the family matter being faced that needs to be decided on, a lawyer who specializes in this field of law makes the process easier. However, it is important that a family lawyer is someone who is well-versed in the given area. Major changes in the life of the people involved usually happens as a result of the decision which have been made in such case. In addition, he also needs to be experienced and compassionate to help the clients to emotionally survive the tough process of winning the case. It is also important to have a lawyer coming from a firm that handles each client individually and takes time to get to know the client better, as well as the family for him to full understand the circumstances of the case.

One of the most common elements of any divorce proceeding is child custody. And this can be very stressful and emotional for the children and all of those who are involved. It is difficult to determine where to raise the child who should do it after the parents have split up. If in case the parents could not agree on such issue, the decision would be left to the court to decide where they should live. It is often done considering the best interest of the child, though it may also be difficult to determine. However, an experienced family lawyer would ensure that the child custody case will go as smooth as possible and his client's rights are well-protected especially on the duration of the process.

After determining the child custody, child visitation is the next thing to tackle. This kind of agreement allows the non-custodial parent an amount of time with the children in order to preserve the relationship within the family. The standard visitation order allows the non-custodial parent to have the kids one night per week and in every other weekend. This agreement also splits the time during school vacations and holidays. If there are necessary changes that has to be made on this given standard visitation order, a family lawyer will make sure that these changes will be done correctly and in accordance with the best interest of the client.

Other areas that a family lawyer can handle includes paternity cases, adoption proceedings, restraining orders, and prenuptial agreements. Domestic violence is also a stressful situation that the services of a family lawyer may be of great help. When searching for a lawyer that you can trust when facing these situations, it is important that you look for a law firm that specializes in this given area of law in order to make sure that the case will be handled professionally. By having the right attorney for your case, he will make a big difference in dealing with such difficult situations competently and compassionately.

Don't Let Divorce Ruin Your Life, Have a Healthy One

Sat, 13 Apr 2013 08:17:33 +0100

When people get divorced, they subject themselves to anxiety, stress, panic attacks, depression, and other negative emotions and feelings. These affect the person's quality of sleep which the causes tiredness, exhaustion, as well as having a lack of concentration and focus. During the divorce, there are so many things to think about like children and how to look after them, how to tell your parents, how to deal with your emotions, moving to a new house, dividing the properties and other possessions, setting up a bank account, and how to continue with your job. Basically, you think of how you are going to move on with your life.

Divorce is indeed an unfortunate event that is never desired by anyone. Yet, as they say some things are bound to fail Though they seem unbearable, moving on is the best option. It is never an easy process especially when things started so well. However, family and personal problems are sometimes difficult to solve, and worse, divorce is the only thing left to save the pieces. A lot of people cannot cope with divorce and its effects leading them to destruction. What these people should have thought about is that, no matter how bad divorce seems to be it is not yet the end of the world. But the question is how? How are people supposed to do it?

1.) Accept the Reality

Accept that things are over, that the marriage has come to its end. Understand what and how things went wrong and take a share of responsibility for such. Some people take full responsibility or none at all. Ask yourself what happened and understand the things beneath the surface. For instance, if your partner had an affair, reflect on what triggered them to do such.

2.) Manage Emotions

Some of the most common emotions experienced by people during the divorce are fear, grief, doubt, regret, guilt, resentment, and anger. At this stage, support from friends and family is needed. Also, give yourself some space and time.

3.) Develop Ways for Personal Growth

It is important that you recognize your strengths as well as weaknesses and have some action plans. This involves setting goals. For instance, if you know you will have a difficult time with loneliness, think of ways on how you can deal with it. This will help you build your self esteem and manage your feelings and emotions.

4.) Set Goals for the Future

Have a belief that today is the start of a new life for you. This equates to being single, satisfied, date and find love all over again. In addition, you also have to realize your hopes, dreams, and ambitions in life.

Divorce can be devastating and really painful- this is usually the thought of people suffering from the effects of divorce. But such negative mind set will just lead to negative emotions that will affect one's health and life. Thus, simply think of all the good and positive things, and the great things that may happen ahead of you.

Five Reasons Why A Marriage Ended In Divorce

Sat, 13 Apr 2013 07:33:30 +0100

Divorce is a devastating event that can change someone's life the most unexpected way. This is often an indication of a failed marriage. What is worse is the fact that divorce actually happens to many people. It is indeed saddening to know that something which started really well has to end. A divorce can be threatening as it can happen to anyone who cannot bear with the situation of how their marriage turned out and because it can change the life of all those who are involved in drastic ways. However, it is important to know why a marriage has come to its end and the actions that has to be done. The following are the top five reasons why divorce happens.

Breakdown in Communication

In a marriage, it is a normal thing to feel some grievances and anger at times. There are issues which can cause the other to feel bad. And it always happens that couples will start resenting each other and will just continue to keep it by themselves. Not being able to communicate what you feel will cause more conflict and tension in a marriage. This conflict and lack of communication have been a known reason for divorce worldwide. Therefore, it is very important that couples should know how to communicate in order to keep a family peaceful and happy.

Abuse in the Relationship

When either of the husband or the wife is abusive physically or verbally, it can doom the relationship. Abusive issues should be dealt by the person by working on themselves before having a commitment. When this issue is not resolve prior to the marriage, it will just destroy the relationship and will cause more abuse.

Diminishing Physical Attraction

This can be a superficial but the thing is, this has become a reality. Oftentimes, one of the couples would feel bad to see that the other person does not try to look good, while the other tries hard to maintain youthfulness. In some cases, one of them do not feel passionate anymore with the other. In addition, when sexual attraction would diminish it can also cause resentments.

Financial Issues

Finances is another common cause of divorce. It sometimes becomes inevitable that one person would feel that he/she is carrying more of the financial burden. The issue is beyond money, but it is the resentment that builds up when one person does not want or aim for a quality life. One of them would feel that the other is not trying hard enough.

Infidelity

This is another reason and maybe one of the most understandable. Cheating can break any form f relationship, not just a marriage. When infidelity is committed, this can cause tremendous amount of pain. Without cooperation and serious effort from the couple, the relationship will not have chances of moving on. When people cannot accept it, they end up in divorce. When it has to end in a divorce, it becomes worse when there are children involved. This can be most difficult for them.

The Effects of Divorce on Children

Sat, 13 Apr 2013 07:33:53 +0100

Considering the effects of divorce on children is an enduring task. There are lots of factors to consider. When saying that the child can eventually get through the situation in time, that is being too optimistic and selfish. Children takes longer period to mend after the traumatic break ups of both parents. The child will likely to miss the other parent whom he always spent longer time with. That is why in this period, it is important to fight the custody of the children knowing what's best for them.

At times, there are children that are resilient enough to create viable solution and overcome the situation in their own ways. It is no longer difficult for these children to adapt and adjust into the new environment wherein their other parent is missing. The divorce will likely to go smoothly without looking back on the extreme effects on these children. Although divorce happens between spouses, it is undeniable that children could be dragged into this situation and some of these children will not able to adjust with it abruptly resulting to their depression and agitation. There are lots of issues and disputes regarding on children that could summon the family courts including the issue on child custody, visitation rights, child support and the like. This will only mean that the children's interest is important in divorce cases.

As what we have already discussed, determining the effect of divorce on children is very difficult. It consists of numerous complex factors that contributes to the overall outcome specifically on the behavior of the child. The following are some of the suggestions how parents could minimize the adverse effects divorce have on children.

Keeping the Negative Impact to the Minimum

Although parents in this situation will no longer peacefully exist, it is highly essential to consider the children before finally making a decision for divorce. You should know that your children will be affected by your decision. Knowing that the consequences will not only end on divorce process but will continue to extend to who will be given the custody of the child, visitation and child support. You will have spend lots and lots of money in these proceedings.

During divorce, the children will have the negative impacts of their parents' separation because of the idea of the once cohesive family relationship, now crumbling down. In this situation, the children might feel that they are the ones to blamed. They may also feel being left behind or abandoned. If this happens to your children, take time to talk to them and making them understand of the process. Reassure to them that they haven't done anything to make these things happen and that things will become normal again. To minimize the feeling of being abandoned, both spouses should see to it that children could see both of the parents as much as possible. They have to make sure that both of them spend quality time with the children.

Helping the Child Through Divorce

When you have children and you are filing for divorce, you should always remember that you are not the only who will be going through the process. It is rational that you will also have your feelings of loss and sadness over the dissolution of marriage, but children share their part also in this catastrophic incident in their family.

You can only help your children through divorce when you speak to them openly about what is going on in a way that is understandable to the child. The most complex legal process can be simplified in terms when you talk to your child. You might also need to send a counselor for the child, if necessary. There are lots of child counselors available in your place. These professionals are trained to speak and blend the child's feelings, understanding them and creating ways to solve the issues. They can also help you in advocating the child and giving you ideas on the type of custody you may want for the best interest of the child.

Advices for Divorced Moms Having Children in School

Sat, 13 Apr 2013 07:34:25 +0100

For divorced moms who are still having children in school, divorce aftermath could be very complicated to her especially in interacting with the ex. Divorced couples who have children tend to have their lives still linking compared to the childless couples.The effect will be emotional strain forcing themselves to move forward but in fact they are holding back for the kids. In this stage, it is important to plan for future meetings to be less awkward and adversarial. It would be very helpful if you still have a family law attorney by your side in the said discourse.

The following advices are made to provide divorced women an idea in handling such situations:

(1.) Get to know your fears – Most of the time, divorced moms get blindsided by the awkward situation especially in meeting with their ex because they failed to anticipate the possible conflicts that may arise in the meeting. Planning the things up in advance can help them being prepared to whatever may happen in the future. For instance, how are you going to feel the situation where you and your ex are invited to the parent-teacher meetings? Maybe, you would try to talk to your ex and work for an arrangement regarding this issue. Maybe sometime during your meetings you will be used in the situation such as these that are used to be family situations. Remember it is not a good idea to try to push yourself in, when you are truly not ready.

(2.) Accept your limitations and get to know them as well – Being a single mom is quite challenging. You got to notice that you still have a lot of balls in the air than you used to having and it takes a lot of time to get around of these things. Coping with these things means you have to deal with some of the other things and lost grip on the used-to-bes. You cannot spend time in making costumes for your kids anymore, so you settle for the ready-made ones. You will trade the things you once treasured while you are still married to your ex. This could be very difficult, but yes, if you get acquainted with your limitations, surely you'll make up with it soon.

(3.) Maintain peace and conflict-free with your ex – Children who happened to have divorced parents will have a difficult time in adjusting themselves as they see their parents having difficulties themselves in their divorce. Since you both have kids, it is likely that you will certainly meet in the different occasions involving your kids. While divorce cuts your direct relationship with your ex, having children is a lifelong commitment even after divorce. It would be very helpful if you move on and not holding on to negative emotions.

In most cases, effective divorce advices on women will substantially lie on the call of acceptance as well as of their being optimistic on the situation. The change will only happen for the best, if you know how to adjust in the divorce aftermath and see things in a positive way, you get to overcome it. All these transitional emotions will come to pass, if you know how to handle the problem and get to the next level as soon as possible.

Recognizing Emotional Abuse: How to Overcome It?

Sat, 13 Apr 2013 07:35:04 +0100

Domestic violence takes many forms; may it be emotional, physical, sexual and financial. The physical abuse may be the easiest to recognize because of the visible damages like bruises and scars that are being left behind. Emotional abuse is much difficult to notice since there are no physical scars to point out to after the incident. If you have troubles in recognizing such abuse, you can consult it with Orange County Divorce Attorney.

Experts said that emotional abuse reached epidemic proportions. There are as many as two-thirds of marriage couples experience this kind of abuse and it is quite alarming because it contains elusive evidences and proofs. Despite its clear prevalence in our everyday life, only few people could recognize it and do something about it.

Common question arises, “What exactly is emotional abuse?” It is defined as the language or behavior used to humiliate or degrade any person through attacking his or her self-value or personality. Emotional attacks include the forms of shaming, blaming, name-calling, intimidating, stonewalling, dismissing and making threats. Whatever type of abuse it will may, the affects on the individual are still crippling. The results of such emotional abuse are the tendency of the individual to feel depression, anxiety, feeling alone, losses self-esteem, isolated and unimportant.

At this point in time, it is important to recognize emotional abuse from an occasional loss of temper or anger. You might also want to ask help from an experienced Family law attorney or a lawyer that specializes in Domestic Violence to determine this cost. There are common fights between the couples that used harsh words as a result of anger or resentment but they are not emotional abuse. The emotional abuse is a pattern of repeated behavior designed to control and manipulate an individual or spouse. In the ordinary event of such occasional hurtful behavior such as fight, an apology is usually being rendered that could eventually heal the once hurt feelings. Nevertheless, emotional abusers will say sorry to their deeds and promise not to do that again. But it is not too long before the same abuse happens again. As experts would say, it is a cycle.

What should you do? The following are the ways and solutions on how to overcome emotional abuse.

Know the abuse and your role to stop it.
Ask professional help and guidance. Women who are emotionally abused do not know how to control it or break it until they get somebody to assist them. So, an expert counsel is needed during this phase.
Set boundaries. Talk to your spouse and discuss to him his behavior that is becoming very inflicting and abusive. Talk about ways on how to end this unending pattern of behavior; may be through counseling, separation or other ways. It is important to get an idea from a marriage counselor before opening this type of conversation.
Maintain a healthy relationship. Maintaining a healthy relationship may be difficult at this stage of your life without the help of the family, friends or your church, support groups and the like. This is highly important because accountability is the key link in ending the cycle of the abuse. You play a bigger role in helping your partner or abuser end his destructive behavioral pattern. Seek an Orange County Divorce Attorney or marriage counsel or talk it over with your friends.

Divorce is Not the Solution to Minor Marital Problems

Wed, 10 Oct 2012 07:49:12 +0100

Only a credible divorce lawyer such as the Orange County Divorce Lawyer can help you with all the legalities concerning your divorce petition. Statistic shows that 50% of marriages ends up in divorce. In showbiz, divorce is like a trend, most celebrities tend to file for divorce only months or a couple of years after the wedding. After divorce, one of the partner or both of them tends to remarry, but unfortunately results to the same fate like their prior marriages. Why is this thing keeps on happening? Why do some of us keeps on breaking the sacrament of marriage? One apparent result is, we tend to make decision hastily. And we never knew what true love is. We even consider that it is love already even a little affectionate actions is demonstrated by the opposite sex.

Marriage is not a thing that we should be toying around. It is a sacred sacrament performed in the present of God's grace, it should be taken as such! It is stated in the book of books that what God had join cannot be separated by anyone or by any means. You can read it yourself, after all it is just my own comprehension. The most common ground for divorce is cheating or being unfaithful of one partner. However, there is still more legal grounds for divorce, you can browse it yourself so you'll know when to put a halt to your marriage. You can also consult an Orange County Divorce Lawyer near you.

Before entering a married life you should both know about the consequences of living together. You should expect that it will not going to be a happily ever after all the way. Of course, no matter how hard you try your best to live a fulfilled and happy married life, there will always be a surprise twist that would trigger quarrels and mean exchange of opinions between you and your spouse. You should read about the stages of marriage for further knowledge on such matter. Divorce is not an easy thing, it is a very tiring process which involves series of court proceedings. This is where you are going to need the assistance of a divorce lawyers. However, on the emotional and mental drawbacks of divorce, only you can help yourself, after all it was your decision. However, the drawbacks will not going to weigh too much, unless you regret getting a divorce.

Most couples often regret getting divorce, why? Only because they made the decision when their emotions are in its extremes, divorce as a product of their impulse decision. Thus, they end up regretting it. Of course, we can only regret over something if it had been done already. So remember to decide over crucial things if you are in your neutral mood, it is when your mind is clear from all anxiety and anger. This when you can make the best decisions. Divorce is not the solution to marital problems, except if violence is involved. If it is only minor problems, try to fix it and do not turn to divorce as an easy escape. It is sad that most couples do not try hard to save their marriages. They think of the negative outputs prior to the benefits. They had set in their minds that it is always “impossible to save a dull marriage”.

Remember this reminder for a happy married life: -Never take things for granted Constant communication -Compromise when the situation demands for it -Understand each others' needs -Keep the romance light sparkling.

To end, always look for the right method to solve your marital problems. Never settle for divorce! Respect the sacredness of the sacrament of marriage. Constant violent behavior is not an exception, call an Orange County Divorce Lawyer if this the case!