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Category Archives: Divorce

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3 months ago Divorce

Online Divorce in Utah | How to Get Divorce Papers Online

Online divorce is gaining popularity in the state of Utah as well as nationwide. However, to evaluate the benefits of this divorce option, it is important to understand what it means and who it best suits.

Let’s start from the beginning

Basics of the Uncontested Divorce

When it comes to the divorce process, there are two main categories – contested and uncontested. A contested divorce means that the spouses go to trial, participate in litigation, and then the judge resolves their disputes at the court’s discretion according to the law.

Although any American citizen is eligible to proceed without a lawyer, it is hardly possible to win the case when faced up against a qualified attorney on the  opposite side. After all, if the spouse wants to contest the claim in court, it is logical to assume that he or she will do everything possible to win and will hire a specialist to protect their interests. So, in a contested divorce, it is typically essential to have an experienced lawyer on your side to represent you and your interests. Such proceedings can take months, and since attorneys charge hourly fees that range from $100 to $600 or more, the process can end up costing tens of thousands of dollars.

On the contrary, an uncontested divorce usually turns out to be much more affordable and quicker, and that is what makes it so attractive to most divorcing couples in Utah. However, in an uncontested divorce, the spouses themselves hold more responsibility for the outcome of the case. To avoid litigation, the parties have to negotiate and resolve their differences out-of-court. They have to create and sign a Settlement Agreement, as well as a Parenting Plan (if they have underage children), and submit them to the court along with the other divorce documents. An uncontested divorce in Utah can be organized either with legal assistance or not. Such a procedure does not involve court battles, but oftentimes help with paperwork may still be needed.

Nowadays, most divorce cases in Utah are settled out of court. Only about 8% of divorce cases go to trial.

Not surprisingly, within this trend of choosing an amicable divorce, a search for the most straightforward, inexpensive, and time-efficient solutions is underway. This quest leads divorcing couples to options such as divorce counseling, coaching, and online divorce. Each of these popular options can complement an uncontested divorce by assisting in some way with the necessary steps of the divorce proceedings established by Utah family law.

For example, divorce counseling assists the couple with handling their emotions so that the can sit down and work together on reaching a Settlement Agreement, a divorce coach can help with specific roadblocks in the divorce from finances to co-parenting issues, and an online divorce company can take care of the paperwork.

Couples looking for the cheapest option can choose a do-it-yourself (DIY) divorce. This means that the spouses do not seek any aid and go through the divorce process on their own. They have to:

  • prepare all the required divorce papers;
  • fill them out correctly, notarize and file with the proper court;
  • wait 90 days after filing a divorce petition (this waiting period is mandatory);
  • and attend a brief final hearing, where the judge considers the couple’s documents and arrangements and can issue a divorce decree.

How Online Divorce Works

Do-it-yourself divorce can be a good option for spouses whose case is quite simple. It is typically recommended for those couples who do not have minor children and/or assets to divide in a divorce. But even in a simple uncontested divorce, paperwork can be quite tricky. That is where online divorce comes into play.

Online divorce in Utah is an entirely legitimate way to prepare for an uncontested divorce. The words “to prepare” are used because it is essential to understand that it is impossible to get a divorce over the internet without some interaction with the local court in Utah. Using online divorce services does not change the fact that the court has to approve the divorce papers, and only the judge can sign a final divorce decree. However, online divorce is an excellent bargain for anyone who wants to proceed without an attorney but is unconfident in their ability to organize a DIY divorce without some assistance. Find more about online divorce in Utah here: https://www.utahonlinedivorce.com/

Thus, the target audience of online divorce services is the majority of divorcing couples. In essence, it is those who want to avoid litigation and are ready to resolve their disputes out-of-court but do not feel qualified (or are just not ready) for a do-it-yourself divorce.

Online divorce means the online preparation of all the required divorce paperwork in the shortest terms (usually, about a couple of days) and at a price significantly lower than the flat fees charged by a lawyer for an uncontested case.

All that you have to do to use this service is to log into the site and provide some details concerning the circumstances of your case. Since each divorce is unique, the specifics of your case will determine which divorce forms are necessary and how they should be completed. A trusted online divorce service always takes into account all the peculiarities, as well as the Utah Code and county regulations when selecting the proper forms.

After getting all the needed data, the system adjusts the divorce paperwork for your case, and the site’s specialists review the completed forms. Within a couple of days, the client receives the ready divorce paperwork kit via email. The last step is to file for divorce.

It is important to also know that, contrary to popular belief, you can use online divorce services whether you have children or not and whether you are going to resolve financial issues in a divorce or not. This makes online divorce a true compromise between an attorney-assisted separation and a DIY divorce.

You can complete any required divorce form online and be sure that the court will approve it with no hassle.

There is no need to overpay lawyers, no need to waste time on learning state laws peculiarities, no need to go to the clerk’s office to pick up forms, and no need to sort out the documents. Online divorce is an all-in-one solution for uncontested cases, and it is affordable. The price for online divorce is typically about $140 per case (which covers both spouses). The flat fee of an attorney to perform the same services for a simple divorce case starts at $700 in Utah.

To sum it all up, online divorce is a document preparation tool, which can be used in your divorce process along with mediation or counseling, to relieve you from annoying bureaucracy, save you time and money, and help you to arrange a peaceful separation without undue stress and conflicts.

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3 months ago Divorce

4 Things to Remind Yourself When Coping with Separation

While filing for separation can itself be incredibly stressful, it can be even more difficult to do so while coping with your feelings on the matter. Fortunately, there are a few things you can do to ground yourself and get through it day by day.

Here are a few reminders to tell yourself the next time you’re feeling discouraged

It’s Okay to Ask for Other People’s Help

When going through a separation, some people go through intense depression and anxiety. In the worst of cases, they may even end up isolating themselves from others. And while there’s nothing wrong with trying to recharge with some alone time, overdoing it can end up making them feel worse instead.

If you feel like you’re going through this alone, remind yourself that it’s okay to ask other people for help. Reach out to your trusted friends and family and ask if you could share your feelings with them. You could also try looking for a support group to talk to others who are going through the same experiences.

And if you’re stressing out over the technicalities of the separation process itself, don’t forget to reach out to potential family lawyers. Perth-based separation lawyers know the ins and outs of the law and can help you navigate through all the technicalities. With their help, you can rest easy knowing you’re doing everything correctly.

You Deserve a Break Every Now and Then

Dealing with the process of separation can be both physically and mentally taxing. With so many legal terms, paperwork, and discussions, you could experience excessive fatigue, insomnia, and other health issues. That’s not to mention the emotional stress associated with the failed relationship itself. All these could negatively affect your productivity and focus, making it hard for you to carry out your tasks at work or take care of yourself at home.

However, you don’t have to push yourself to your limits. Instead, acknowledge that you’re going through a difficult time and that you should be kinder to yourself. And that means taking better care of your mind, heart, and body.

To help improve your mood and overall health, carve out some time each day to do a little exercise. Remember to eat a well-balanced diet and avoid binging on too much junk food. most importantly, allow yourself to relax every once in a while. Give yourself enough time to recoup your energy and get back on your feet. This will not only help you recover, but also help you think more clearly when making important decisions during the separation procedure.

Allow Yourself to Process Your Emotions

Whenever you share your feelings with others, it can be hard not to feel like a burden to them. To keep them from worrying, you may decide to bottle everything up instead. But keeping your feelings to yourself can instead backfire. By trying to pretend that nothing is wrong, all that stress could build up to a point where even the smallest things could set you off.

Truly, separation can cause you to feel angry, exhausted, sad, confused, and frustrated—sometimes even all at once. And when dealing with a particularly difficult and uncooperative spouse, you might cycle through feelings of extreme anger, fear, or even hopelessness.

The thing is, there’s no reason to be hard on yourself whenever you experience any negative emotions. After all, experiencing strong emotions is a normal aspect of being human, and admitting that your marriage is unhealthy is a hard pill for anyone to swallow. Hence, it’s normal to have intense feelings about the situation. The important thing is that you don’t hold on to these emotions for long. Let it pass over you, and then go on with your life.

Take Time to Reconnect with Your Interests

To help get your mind off of the separation, it’s a good idea to revisit your personal passions. It can also be a healthier way of expressing yourself and processing your feelings. Additionally, these activities could help you rediscover your sense of self and re-establish an identity that is separate from your marriage.

For creative types, you might want to try getting into painting, journaling, or even knitting. But if you would rather shake off all that negative energy physically, signing up for a dance class or going for a hike may just do the trick.

However, you may want to avoid any mutual interests you had with your spouse as they may remind you of unhappy times. Don’t worry, though. Once enough time has passed, you may feel ready to reconnect with those passions again.

Truly, getting separated is one of the hardest things you may ever have to deal with. But remember that there are helpful ways to cope with any difficult situation. And with the assistance of a trusted law firm such as MKI Legal, it’ll be much less challenging to go through the entire procedure.

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3 months ago Divorce

How Quickly can a Divorce go Through in California?

In medieval times a person could only get a divorce if they were discovered to be related to their spouse, if the coupling did not result in a male baby or if adultery was involved.

When the Catholic Church denied Henry VIII an annulment, he had to effectively start his own church to leave Catherine of Aragon for Anne Boleyn.

Nowadays, you can get a divorce fairly quickly. In the state of California, your divorce may take as little as six months from start to finish.

The actual number of months it takes to get a divorce will depend on certain factors. If there are children involved in the marriage, there is a good chance it will take longer than six months. If you have a lot of expensive property, or if you own stocks or a business together, you may have a rather tough time figuring out who is entitled to what.

Steps to Getting a Divorce

There are a number of actions any divorcing couple must take. One of you will have to fill out divorce forms and file them with the court. If you want to file for divorce in California, you will have to pay a fee of $435, and one of you must have lived in the Golden State for at least six months.

The person who did not file for divorce will then have to be served with papers. The filer must have a third party serve the papers to their spouse. The person who was served will have 30 days to file a response. If they contest the split, it will impede the celerity of the divorce.

Your divorce will then go into the discovery phase where each of you will provide your financial records and other relevant information to the court. The court will then make a temporary order as to who the kids will live with and where each of you will reside until the divorce is final.

Your attorneys will negotiate and help you reach a settlement. If you cannot reach a settlement, you may have to go to court although it is very rare in California. Once a settlement is reached, you can fill out the final paperwork.

There are a few things that you can do to make the process of your divorce as quick and painless as possible.

Make A List of Your Assets and Liabilities

Once you and your spouse decide to split, you should sit down and make a list of what you have and what you owe. Write down what each person brought with them to the marriage and what liabilities and properties were acquired during the union.

If there is a dispute over anything, you should write that down as well. The more prepared you are, the more smoothly things are likely to go.

Talk About Child Custody

If there are children involved in the marriage, you should talk about who they will live with and how often they will see the other parent. Although any child is going to be affected by a divorce, the court will want the child’s life disrupted as little as possible.

Hiring an Attorney

California is a no-fault state when it comes to divorce, but sometimes the terms of the divorce are contested. It is very important to hire a trained divorce attorney in Irvine to help you fill out paperwork and advocate for you.

An attorney will be well versed in filling out the necessary forms and they will also be able to assist you with a child support plan that the courts will accept. They can advise you of the laws that pertain to such complicated things as 401k and insurance entitlements.

If you and your spouse agree on everything, you can hire one attorney to handle the paperwork. If you and your spouse are in conflict over child support or finances, you will each want to get your own attorney.

Divorce is hard on everyone, but a well-planned uncoupling can let both parties and their children live happily ever after.

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3 months ago Divorce

How Does Having a Special Needs Child Affect the Divorce Rate?

According to one 50-year study conducted by the National Institute of Health, couples are more likely to divorce if they have a special needs child and their family is small. In larger families, having a special needs child made them less likely to divorce. This presents compelling evidence that when there are more family members around to help, it’s easier for the family to stick together.

I’m going to be honest and admit my own marriage nearly didn’t survive the first few years after my son’s diagnosis. We learned many lessons the hard way while we adjusted to our new normal.

If you believe your baby’s condition was caused by a preventable doctor’s mistake, check out these resources for caregivers. Keep reading to learn more about how you can take the pressure off of your marriage while you care for a child with special needs.

3 Rules That Can Save Your Marriage

Following these three rules can be a real game-changer for marriages that are on the brink of disaster. You may want to print this article and hang up somewhere your partner will see it.

Don’t Play the Blame Game

When I started to realize something wasn’t quite right with my son’s behavior, I was blamed. The whole family came together to insist that he was fine and that I was imagining things. Grandparents, aunts and uncles, and even my husband stopped just short of accusing me of Munchausen syndrome by proxy.

Eventually, my son’s symptoms became more obvious and difficult to deny. We went to the pediatrician, got referred to a specialist, and got a diagnosis. Instead of wasting time blaming each other, take your concerns about your child straight to the pediatrician.

If we had done this in the first place, it would have taken so much stress off of our marriage. I know how hard it can be to accept that your child might not be “normal,” but it’s important not to take it out on your spouse.

Don’t Let One Person Do All the Work

My son went straight to the back of the long line of children who qualify for respite care. He was with me 24/7 for three years because I didn’t have any help. This would drive any parent to the brink of madness, but when a child has issues that make parenting difficult, it is sheer insanity.

My husband worked long hours. By the time he got home, the last thing he wanted to do was take over childcare duties. Thankfully, he went into counseling and learned how to be a more mature and supportive partner. It is the reason we are still married today.

If all of the work is falling on the shoulders of one parent, it’s time to take a long, hard look at the reasons behind it. These may include:

  • Selfishness
  •  Immaturity
  • Exhaustion
  • Mental illness

Do any of these sound familiar to you? If so, consider going into couples therapy or visit a therapist on your own. If depression or anxiety are keeping you or your partner from fully owning the responsibilities of caretaking, you may want to consider going to a psychiatrist to see if meds can help.

Don’t Forget to Make Time for Yourself

Once you are both on equal footing and the responsibility of caring for your children is being shared, you’ll finally be able to make a little time for yourself. I used to only have room in my life for cooking, cleaning, and caretaking. Now I’ve added yoga and Aqua Zumba to my routine and I’ve never felt better.

Absence really does make the heart fonder. Spend time apart from your partner and family pursuing your own separate interests, and make sure your partner also has time on their own. If you work together as a team, it’ll be easier to enjoy each other and your special needs child.

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6 months ago Divorce

Holiday Stress Increases the Divorce Rate in January

The holidays may be the happiest time of year for many, but for couples in the U.S., the statistics look rather grim. According to a survey by a Los Angeles law firm, divorce rates among U.S. couples goes up following the holidays. In fact, their survey discovered that divorce filings rise by a third in the month of January alone. Google statistics also show that “divorce” is searched most frequently during the first two weeks of January.

What is the root cause of this trend? Mental health experts say that it could be related to a number of stresses and pressures around the holiday season. For example, the high expectations of the holidays and the subsequent let down when something goes wrong can sometimes lead to divorce. Similarly, many couples feel overwhelmed by the pressure for everything to be perfect during the holiday season, and must navigate how to spend their time. These hardships can lead to disagreements and fights, some of which may ultimately result in a divorce.

Financial stress is another significant factor. Deciding how much you should spend as a couple, disagreements over budget, or simply not having enough money can all put undue pressure on couples. To negate this pressure, it can be helpful to have a discussion on the budget before holiday shopping begins, which can help ensure disagreements at this time of year do not lead to divorce. Furthermore, talking about how you will be splitting your time as a couple during the holidays might also help to provide clarity and avoid arguments before the season arrives.

Other mental health experts say it’s common for couples, especially if they’ve already been having problems, to give up during the holidays because of the other life stresses they are experiencing. If they’ve been thinking about divorce all year, couples will sometimes file for it after the cumulative stress of the holiday season.

However, one of the most significant factors of the increased divorce rate in January? Financial stresses. Money problems are among the top three causes of divorce, according to a survey by the Institute for Divorce Financial Analysts in 2013. What’s more, depending on the state where a couple lives, there might be financial benefits to filing for divorce in the new year vs. filing at the end of the year. Incompatibility is another top cause, along with infidelity.

“For many, staying married is beneficial tax-wise,” says family law attorney Tammy Begun of Capital Family Law Group. “People are also seeking a fresh start to their life in the new year, which could explain why the divorce rate increases.” States also have various rules when it comes to filing for divorce. In California, for example, a couple must wait six months before their divorce can be finalized. In North Carolina, a couple must wait one year before they can get divorced. New Hampshire, however, has the quickest process in the nation, allowing couples to get divorced a day after filing.

Since the 1970s, the divorce rate has been on the rise in the U.S. However, divorce as a whole is now declining nationwide, according to a study from the Centers for Disease Control and Prevention. They found that from 2000 to 2018, the divorce rate dropped from 4.0 per 1000 in the year 2000, to 2.9 per 1000 in the year 2018.

To prevent a divorce from happening after the holidays, marriage counselors insist couples have honest and open communication long before the holidays begin. This can go a long way in helping each person in the relationship feel both loved and respected.

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6 months ago Divorce

How Long Does a Divorce Take? The Important Things to Understand

Approximately 31% of marriages end in divorce. Baby boomers born between 1957-1964 have a higher divorce rate than the average. Of those boomers married by age 46, 45% have been divorced at least once.

Second marriages have a 67% divorce rate, and 73% of third marriages end in divorce.

Divorce is a difficult decision, and the longer the divorce the harder it is to move forward. How long does a divorce take? That is the most frequent question after the decision has been made to file. The answer: That depends.

Making the Decision to File for Divorce

Once the decision has been made it must be determined whether you are going to use an attorney or file on your own. Unless you have been married short-term, have no assets and no children, this divorce lawyer is the best choice.

The divorce lawyer will negotiate the best settlement possible. They know the law and your rights. They work on getting you a settlement that preserves your portion of the assets.

What are the Steps to File for Divorce?

These steps must be properly completed by either you or your attorney. If representing yourself ignorance of the law is not an excuse for failing to follow the state law and court requirements. A divorce lawyer knows the steps and will keep your divorce moving forward.

Prepare Paperwork

  • Complete complaint for divorce and summons. If you are filing without an attorney, the court has forms you can fill out to complete this step. If you hire an attorney, they will prepare a professional complaint.
  • The spouse against whom the divorce is filed must be served. Service of the summons and complaint must be done by either personal service by a court officer or person who is not a party to the divorce, or by certified mail restricted delivery.
  • File a Proof of Service with the court. This advises the court of the date the other party received service and establishes the deadline for when that spouse needs to file their answer. They must answer within 21 days of service if personally served and within 28 days if service was completed by certified mail.

After Complaint has been Served

  • The responding party needs to prepare and file an Answer to Complaint for Divorce. If working without an attorney the court has forms that can be used to complete this step. If the spouse hires an attorney, then their attorney will prepare a formal answer. This is also the time when the responding spouse may file a Counter Complaint for Divorce.
  • If a Counter Complaint for Divorce was filed, then an Answer to Counter Complaint for Divorce should be prepared, filed with the Court and served upon the other party. That party will then answer the counter-complaint.

The Discovery Process

  • The discovery process is where both parties will be required to provide information on their assets and debt and obtain appraisals if needed. This information must be provided to the other party. This disclosure of all assets is needed to obtain a fair and equitable settlement. If the parties have lawyers, the two lawyers will handle the exchange of information and negotiate a settlement.

Court Hearings

  • The court will schedule hearings required for divorce during the course of the above events. The number of hearings may vary depending on what state you are in. In some states, you will have a pre-trial, settlement conference, and trial.
  • If a settlement is reached prior to the trial, then a Pro-Confesso hearing may be scheduled. This is where the divorce is placed upon the record, the judge awards the divorce, and a Judgment of Divorce is prepared and filed with the court.

Can We Stay in the Same House While Divorcing?

That depends on your state law. Some states allow the parties to remain in the same home throughout the proceeding. The date of separation is based on when the parties stopped living as husband and wife.

Other states require the parties to be separated for a specific period of time before the divorce can be filed or completed. Some states require the parties to have separate homes for a specific period of time. South Carolina requires the parties to live separately with no sex for one year before filing.

How Long Does a Divorce Take?

There are numerous factors that affect how long your entire divorce will take. Most states have waiting periods. This is a time between when the divorce is filed and when it can be completed. It is designed to allow couples to reconsider the divorce before proceeding.

The waiting period varies by state. Louisiana and Virginia have a 6-month period with no kids, a 12-month period with kids. Michigan requires a 2-month wait with no kids, 6-months with kids. Nevada’s waiting period is 14-28 days.

The discovery period may take longer if the family has valuable assets, a business, collectible items, multiple homes, or any other possessions that require appraisals to determine their value.

If there are minor children time will be required to obtain recommendations on custody, parenting time, and child support.

If it is an amicable divorce, the settlement is usually reached easily and the divorce moves forward at a quick pace. If the parties are not agreeable on the division of assets, reaching a settlement will take longer and may require a trial.

It is always preferable to reach a settlement rather than have a judge decide how your belongings will be divided.

The judge’s docket will be a determining factor in how fast you get into court. Hearings may be delayed due to the court having a heavy caseload, requiring a longer waiting period for your court date.

If You are Thinking of Divorce or Have Been Served with Divorce Papers

Divorce is an emotional experience. You need to make sure you receive an equitable settlement. Meeting the requirements of court deadlines, negotiating a settlement, establishing child custody, support, and parenting time, and determining whether spousal support should be awarded requires time and legal knowledge.

These things need to be handled quickly and effectively. You need a legal professional who can negotiate on your behalf. After discussing your specific situation, a divorce lawyer can provide a good estimation of the question of how long does a divorce take. Protect your assets and the best interests of your children. Hire an attorney for your divorce.

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7 months ago Divorce

A Step-By-Step Guide on How to File for Divorce in BC

Within the last ten years, the number of older couples filing for divorce has increased by 50%. While divorce can be a long and emotional process, it is the best option in some settings. If you’re in BC, Canada, you can file for a divorce, whether contested or uncontested.

The Supreme Court in BC only grants a divorce if you’ve stayed in the province for at least one year. Once you prove that your marriage is no longer tenable, you can pursue a divorce. Check this step-by-step guide on how to file for divorce in BC, Canada.

1. Resolve Marital Issues

During a typical separation, conflicts may arise. Each party might have expectations on the division of property or even child support. It would be best if you resolved such conflicts before you can present your request in a divorce court.

Make agreements with your spouse on how to go about child support. If both of you own a house and your incomes are within the same range, you can opt for 50/50 custody. That means that there won’t be payment of spousal or child support.

Once you resolve such conflicts, you can get an order for an uncontested divorce or desk order. You can also file for a contested divorce if you are still conflicting over the property, support, and parenting. However, having an agreement makes the divorce process seamless.

2. Parenting, Child Support, and Custody

The Federal Child Support Guidelines in BC are the ultimate guide in setting the appropriate amount for child support. According to the rules, the amount one pays for child support depends on the number of kids and annual income. A child support calculator will give you precise amounts you ought to contribute monthly.

You can agree on child support without seeking the court’s intervention. However, you need formal agreements to avoid future controversies. The BC child support booklet can give you comprehensive information on matters of child support.

3. Application for Spousal Support

When you file for divorce in BC, you need to get all essential details about spousal support. You could apply for spousal support if you were legally married, have a child, or have been living together for at least two years. The Divorce Act and the Family Law Act have detailed information on spousal support.

Spousal support considers the financial position of both spouses. You don’t have to face financial hardships if your partner has a stable income. The laws on spousal support ensure that spouses share any financial responsibility accordingly.

Several factors determine the amount of financial support that spouses ought to contribute. The time the couple has lived together is one of the elements. The law further examines if spouses have enough resources for self-support.

A partner’s earnings and nature of work also determine the amount one contributes or receives. Spouses can agree on spousal support without seeking a mediator or court order.

4. Financial or Property Division

When a woman divorces after she’s 50 years, the standard of living is likely to reduce to 45%. Men’s standard of living also drops by a significant percent. The financial implications surrounding a divorce make it necessary to know more about property division.

The division of property when getting a divorce in BC is clear. Family property includes investments, family homes, bank accounts, pensions, RRSPs, and insurance policies owned by spouses. A couple that has lived together for at least two years or is married legally can claim a percentage of these assets.

If you divorce in Canada, the law demands you divide the property equally. However, the property earned before marriage is not part of the family property. You only incorporate the property value that has increased during the marriage period.

In some cases, the court may order an unequal division of property. If the splitting up of property seems to disfavor one party, the court can make adjustments.

5. Get Legal Assistance

A divorce is a tedious and confusing process. If you are not familiar with divorce and family law, the process will appear more complicated. Fortunately, you can hire a divorce lawyer to help with the process.

A BC divorce lawyer will acquaint you with the laws relating to divorce in the region. You will understand more about child support and custody. The attorney will guide you on asset division.

With emotions flaring up during the divorce process, having a voice of reason in the form of a lawyer is one of the best decisions. Your lawyer will keep you focused on the big picture even when you’re losing the grip.

It would help to research widely before settling for a lawyer to represent you in court. This step will save you numerous frustrations that are common during the divorce process.

Filing for a Contested Divorce

Filing for a defended or contested divorce can be slightly different. You’ll start by submitting Form F3, which is a Notice of Family Claim. The process can become harder if a spouse files Form F4, which is a Response to Family Claim.

In a contested divorce, a lawyer is indispensable. In a situation where you fail to agree, you’ll have to wait for trial, where a judge will make the decision. This process is costly, stressful, and takes considerable time.

While some spouses take advantage of the divorce to frustrate each other, it’s not worth it. Agreeing on crucial matters will save you and your kids the emotional drain that results from a divorce. If need be, you can get a mediator before taking your differences to court.

The Process of Divorce in BC Is Clear

If you’ve been wondering how to file for divorce in BC, Canada, there you have it. Legal separation is essential, especially if you hope to remarry. The long divorce process shouldn’t deter you from presenting the case.

The number of divorce lawyers available is sufficient to give you viable options. With a divorce lawyer, the divorce process will seem more plausible. However, it would be best to resolve conflicts to make your divorce case straightforward.

Check out our online lawyer directory for a list of lawyers for all your legal needs.

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7 months ago Divorce

How to Divorce Your Wife and Stay Active in Your Child’s Life

If you’re getting a divorce, you aren’t going through these difficult and turbulent times alone. In fact, 39% of American couples who tie the knot get divorced somewhere along the line, and in many situations, it’s a good choice.

Especially when kids are in the picture, divorces are beneficial because keeping a child in an unhappy home can really harm their development. Still, as a father, it’s your instinct to not only want to do what’s best for your kid, but also to spend as much time raising them as possible.

What if she get full custody? This is the fear of many men going through a divorce since the sad reality is that this happens often. Luckily, you can learn how to divorce your wife properly and fight against this happening. Read on to learn how.

During the Divorce

During the process of a divorce, life will likely feel like a whirlwind of lawyers, payouts, and anxiety. However, there are ways to ensure that acting on this stress pays off. Read on to learn some steps you can take to ensure you stay active in your child’s life.

Talk With Your Lawyer

Before doing anything else, talk with your divorce attorney to get a feel for how the legalities are going. Your lawyer has more knowledge about custody laws than you do and can work with you to determine the route that your ex is likely to take in your specific situation.

Your lawyer can help you prepare your case for getting the amount of custody that you believe to be reasonable. Both inside and outside of the courtroom, your attorney will fight for your rights and those of your child.

Know Your Rights

Speaking of rights, you need to know yours. While your lawyer can help you walk through the specifics, having a basic understanding of the father’s rights in a custody battle will be of great benefit to you. When you’re equipped with this understanding, no one will be able to pull a fast one on you.

In most cases, the child’s time will be split 50/50 between the homes of the two parents or they’ll live primarily with one. In these cases, though, the child will be given liberal and frequent unsupervised visits with the parent they aren’t living with.

You have the right to see your child and fight for the former option. Remember it and ask your attorney about it specifically to learn more.

Don’t Upset Your Child

No matter what you do, parents divorcing is going to be hard on the child. This is unavoidable, but giving your child additional stress throughout the process is completely unnecessary.

No matter how tempted you may be, discussing the specifics of the divorce with your child is a poor decision. They may fear that either you or your ex-wife will no longer be able to spend time with them or that they’ll be forced to choose. Make sure that your child knows that they’re a priority for you and that any aftermath of the divorce is not their responsibility.

After the Split

Once the divorce is finalized and the fight for your rights come to an end, there are still things you’ll need to do to stay active in your child’s life. Read on to learn how to continue to do right by your beloved little one and make the process as easy as possible on both you and them.

Work Within Legal Parameters

After the custody agreement is finalized, you’re going to need to remember the specific legal parameters outlined within it. This means having a thorough understanding of your standing for custody and your rights for visitation. They’re different in every divorce, so your agreement will be different from that of your divorced friend- just an FYI.

Working within these legal parameters can be incredibly frustrating, but it’s crucial to be vigilant. If you violate them, you could lose whatever custody you have. If you only have visitation, you could also lose even more time with your child.

Spend Quality Time With Your Child

While having nothing to do with legal matters, you need to spend quality time with your child if you want to be active in their life! If you don’t, then what were you even working for?

Take your child to places they like and have meals with them. Quality and frequent one-on-one time is crucial to maintaining your place in your child’s life, especially when they’re younger and have shorter memories and attention spans.

Don’t Badmouth Mom

While there are infinite things you can do during this quality time with your child, there is one thing you should absolutely never do: badmouth your ex in front of your child. While it’s frustrating if their mom says negative things about you, there are productive ways to deal with this that don’t involve retaliation.

Tit-for-tat badmouthing will stress your child out quite a bit because they may feel the need to take sides. It can also upset your ex, making things less amicable than they could be (and thus more difficult on everyone.)

Keep a Lawyer on Hand

While you don’t need to have your lawyer on speed-dial for the rest of your life or anything, it’s good to keep their number handy.

If anything happens and you feel as though your ex is violating the custody agreement, you’ll need to call the attorney in. If you’re worried that your ex is mistreating your child, you definitely need that number. Just make sure that you have someone to call who understands the law and can help no matter what comes in the future.

More on How to Divorce Your Wife Properly

While divorcing your wife can be a scary prospect because you don’t want to lose your children, there are ways you can fight against their being taken from you. You have a right to spend time with your kids- don’t let anyone take it from you.

Now that you know how to divorce your wife in a way that does right by your children, it’s time to look into the legalities of doing so a little further. Please check out the rest of our site. We’ll give you sound legal advice on any specific issue that you may be having.

Good luck, Dad. Remember: we’re rooting for you.

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8 months ago Divorce

A Countdown To The Best Legal Divorce Tip For Seniors

When it comes time to part ways, you can hope that you can end the relationship amicably but that isn’t always the case.

Before you start working on your divorce, let us help you with the information below. Continue reading this article as we count down to the best divorce tip you need to know.

5. Try for Mediation

Even if you’re not feeling friendly, mediation can make your life a lot easier. You won’t have to go to court hearings and rehash the past or tear each other apart.

When you work with a mediator, they are not on your side or the opposing party’s side. A mediator’s goal is to get everyone to come to an agreement that they can be happy about without having to go to court and use lawyers.

4. Avoid Sleeping With Your Lawyer

If you do find that mediation isn’t an option, you might need to look into a lawyer.

Whether you’re looking for divorce lawyers for men or women, there are many reputable firms that can help you as you’re working to get the outcome you desire.

But don’t make the mistake of sleeping with your lawyer. You’re going through an emotional time but you need to keep this relationship professional. If you don’t keep this relationship professional, it could hurt your case.

3. Don’t Cause Family Division

When you’re splitting your household, it is easy to cause division — even when the kids are grown. Your children and grandchildren are used to visiting both of you together but when you can’t make it work anymore, there are going to be some changes.

Make those changes as smooth as possible and don’t encourage division. Don’t say bad things about your ex or make people feel like they need to choose sides.

2. Don’t Settle If You’re Not Satisfied

You may be ready to get your divorce over with and just want to say — have it! But you need to think about your financial future.

As a senior, you have upcoming medical expenses, housing and other things that you need to think about. Don’t settle simply because you can’t stand to go through the battling anymore.

1. Don’t Forget to Change Your Will

And for divorce tip number one, make sure you don’t forget to change your will. You’ve likely got your ex in your will as the sole beneficiary and you want to make sure the person you really want to have your things is listed vs. your ex.

Which Divorce Tip Spoke to You?

Now that you’ve read our number one divorce tip, is this the tip that made the most difference for you? Maybe one of the other tips spoke to you more and will help you as you navigate these murky waters.

Do you need more help on legal matters? Our site is full of legal articles on various topics that can help you navigate through the legal system.

Browse our site, find your favorite section, drop a bookmark and come back soon for more great reads.

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9 months ago Divorce

7 Tips for Choosing a Divorce Lawyer

Dealing with divorce is challenging, both emotionally and logistically. It’s important to choose a lawyer who has your best interest in mind and who can provide you with expert legal advice at a price that works for you.

Every attorney has their own set of philosophies, practices, and approaches to divorce. Some lawyers may be skilled in some law practices, but not so skilled in others. Some lawyers are excellent in court, but don’t do well in collaborative divorces. 

Some divorce lawyers are skilled at sorting out financial issues, whereas other lawyers are better with high-conflict divorces. 

Here are some tips for choosing the right lawyer:

1. Look for a Mix of Services

Divorce lawyers should have a range of services. When you compare practices, make sure that they specialize in contested/uncontested divorces, irreconcilable adultery, etc.

This shows you that the attorneys practice various areas of the law and have the potential to defend you in your case.  

2. Decide on the Divorce Process You Want to Use

Before you can get started with your divorce, you need to decide whether you want to use:

  • Litigation
  • Mediation
  • Collaborative divorce

You should match the attorney that you choose with the type that you are looking for. 

Choosing a Divorce Lawyer3. Choose the Right Type of Legal Service

The type of legal service that you need depends on your marriage situation.

You might want to choose a big law firm if you:

  • Have a lot of assets
  • Own a company or several businesses
  • Have a complicated financial situation

 If you aren’t able to get a big law firm, you should at least choose an attorney who understands finances.

If your marriage was short and you don’t have any kids, real estate, or other shared assets, a big law firm is a waste. 

4. Know your Budget

Attorneys can be expensive if you don’t do extensive research before making your decision. While you should be selective about the attorney that you choose, you also need to manage your expectations and choose a lawyer that you can afford.

5. Do Smart Research

Every attorney’s website should clearly state their philosophy. If a lawyer says something like, “I’ll fight for your rights,” they are probably a trial lawyer. If an attorney says that they can help you stay out of court, they are probably best for collaborative divorce

Don’t just pay attention to the law offices that have the nicest websites or the biggest advertising budgets. The best lawyer for you is the one that understands your specific needs. On the other hand, you should still make sure that the firm you are considering has an updated website.

6. Don’t Rely on Ratings Alone

Lawyer rating agencies are not an end-all-be-all. Some firms choose not to advertise or collaborate with rating agencies, so they may be rated poorly, regardless of how good of a firm they may be.

In some states, firms aren’t allowed to participate in rating websites. They may have bad ratings for that reason alone.

7. Interview Several Lawyers Before Making a Choice

You shouldn’t choose the first attorney that you interview. You should consult with at least 2 or 3 different practices before you make a choice. All attorneys offer different perspectives. The only way to ensure that you are making the right decision is to explore your options.

While your situation is the same no matter who you meet with, their approach to your case may be drastically different. When you’ve met with a few candidates, choose the one whose approach you identify with the most.

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