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Anatomy of a Divorce: How it Really Works
The legal divorce vs. your real divorce
Ed Sherman is a family law attorney, divorce expert, and founder of Nolo Press. He started the self-help law movement in 1971 when he published the first edition of How to Do Your Own Divorce, and founded the paralegal industry in 1973. With more than a million books sold, Ed has saved the public billions of dollars in legal fees while making divorce go more smoothly and easily for millions of readers. You can order his books from http://www.nolodivorce.com or by calling (800) 464-5502.
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RELATED ARTICLES
Divorce: Secrets To Coping With A Divorce Announcement During a wedding ceremony, when people are joined together in matrimony, they swear and vow to honor and respect each other and to remain partners both during good and bad times. Divorce--The Five Obstacles to Agreement This article and my articles "Overcoming Obstacles to Agreement" and "Negotiating Agreement" are about how to deal with disagreement--from simple difference of opinion to active upset and anger--and some specific steps that will help you reach an agreement. As you will see, the things you can do yourself are far more effective than anything a lawyer can do for you. More than 90% of all cases are settled before trial. Unfortunately, too many are settled only after the spouses have spent their emotional energies on conflict and their financial resources on lawyers. The time and effort spent battling has impaired their ability to get on with their lives and may have caused serious psychic damage to themselves and their children. The spouses could have saved themselves all that simply by agreeing to settle earlier. Why didn't they? Okay, here you are, heading for a divorce; your spouse is going to be involved and you want to work out an agreement. What's so hard about that? Why don't you just do it? Easier to say than do, isn't it? There are good reasons why it's hard for spouses to work out an agreement--five, to be exact: Divorce Makes Us Stronger My friends call me the "Divorce Poster Child". Cheating Husbands - Meeting Needs? Husbands cheat on their wives for many reasons. They could be bored with their lifestyle and feel that they need to do something exciting or they could be having a midlife crisis. The latter is very common as many husbands cheat on their wives when they seem to reach 40 for some reason. Healing Dysfunctional Families In a recent article entitled "Some Evidence On How We Are Spiritually Connected" I reported on a case study that revealed how individuals who share common traumatic memories can help each other release the trauma at a distance employing a new tool called the Mind Resonance Process(TM). In this article I will elaborate some of the potential applications of such a result as well as its far reaching implications. Getting a Jewish Divorce in the UK What is the Get? The Heart Moves On: Using Ceremony to Mark the End of a Relationship Divorce or the end of a long-term relationship is a particularly difficult experience because it makes you deal with two different sets of issues. Surviving Divorce: What To Think About To Ensure Surviving Divorce Surviving divorce can be a valid fear if you're contemplating getting a divorce. In order to ensure surviving divorce, you should first understand that your divorce decision shouldn't be taken lightly. Ensuring that you'll be surviving divorce can be comforting and can influence your path as you consider your reasons for divorce and take the emotional plunge into actually going through with it. Advantages to Doing Your Own Divorce There are many advantages to doing your own divorce. Three significant ones are: you'll get a better divorce, you'll save a lot of money, and you'll be able to keep things simple. Avoid Lawyers! Do-It-Yourself Divorce Saved Me Tons of Money! Let me preface this by saying right up front - this is NOT for everyone. The key is that my situation was friendly enough to still communicate with each other after we split. My ex-wife and I agreed that our kids were certainly worth that! And we still have to deal with one another until they are through college. This is offered as a life experience only and not intended as legal advice. As such, this may not apply to you. Divorce and Uncle Sam: Top 10 Things You Should Know When Filing Your Taxes 1. What is my filing status? (Married, Single, Head of Household) Marital standing at year end determines your filing status for the entire year. If you have a decree of divorce or separate maintenance, signed by a judge, you should file as single. Regardless of whether you have a signed decree you may be able to file as head of household. Filing as head of household may reduce your income tax obligation, but to qualify the following conditions must be met: Too Many Divorces My oldest boy asked me something the other day about all the news regarding the high divorce rate. I told him there aren't too many divorces, there's too many marriages. Most people get married without really knowing who they are marrying or just how big of a commitment they are making. Heck, most people get married before they even know themselves very well. When the reality of it all hits them, they are either stuck in a bad marriage for life, or they get a divorce. Education is the solution. Five Christmas Survival Tips For The Divorced & Single Parent For the over 50% of marriages that end in divorce, Christmas can be a hugely trying time. Joint Bank Accounts and Divorce Here are some useful tips on joint bank accounts and divorce. If you've recently been through a divorce - or are contemplating one - you may want to look closely at issues involving joint bank accounts. How to Use a Divorce Lawyer You want three things in your divorce attorney: expertise in divorce, reliability, and a good attitude. You want a lawyer who specializes in divorce (at least 50% of his/her case load), and unless you're expecting a no-holds-barred battle, you want a lawyer trained in divorce mediation who practices it professionally. Mediation-minded attorneys are more likely to give you neutral and problem-solving advice, whereas traditional attorneys tend to be more oriented to conflict and their advice tends to be adversarial. Your attorney must be someone you can trust and work with comfortably, someone who has your confidence. Once you've found the right lawyer, here are some tips on how you can use your attorney in ways that will make your divorce go as smoothly and inexpensively as possible. Using a lawyer efficiently. The most important thing is to be very well prepared whenever you contact a lawyer. Know your facts, know what you want to ask about, and know exactly what you want the lawyer to explain or do for you. Plan each conversation; make an agenda; write down the things you want to talk about; take notes on the content of the conversation; keep track of time spent on all phone calls and meetings. Keep a file for all your notes and all letters and documents. Do as much as possible on the phone and by mail to keep the office time at a minimum. Regard your attorney as a resource, not someone you cling to or depend on for emotional support and stability. A lawyer is not the right person to make your decisions or lead your life--you are. Lawyers cost too much for you to use them for sympathy and consolation--that's what family, friends and counselors are for. When you talk to a lawyer, stick to the facts and don't just chat, ramble, or complain about things your spouse did unless you actually want your lawyer to do something about it. Don't take your anger to an attorney; you want your best interests represented, not your emotions. Taking control of your own case. Being in control of your own case and your own life is the single best thing you can do in any divorce, so it is essential that you have a lawyer who can work cheerfully on that basis. If you are well prepared and business like, that will help the lawyer see that you are in charge of things, but you should actually say that's how you want it to be. Tell the lawyer that you want good advice and will rely on the lawyer's experience, but that you expect to make decisions that concern the tone and strategy of the case. Ask that you be sent copies of all documents and letters. Let the attorney know that you expect phone calls to be answered by the next working day. These little things let the lawyer know you are the boss. After all, you pay the bills. Using a lawyer for specific tasks. Instead of hiring a lawyer to get you a divorce, it may be far more cost-effective to use the lawyer just for information or advice on specific subjects. That may be all the legal help you will need. If not, you can always go back for more help later. After you have organized all your facts and read about how the law works in your case, if you still have questions about the law or what the likely outcome will be in your county, write all your questions down and ask a lawyer. You may decide to have a lawyer help with your marital settlement agreement, either to draft one or just to check over one you have made yourself. If you get stuck or confused at any point in your divorce, that's a good time to go for help. The more specific and prepared you can be, the more you will get for your money. My book Divorce Solutions: How to Make Any Divorce Better explains the process of divorce so you can become well-informed, and is full of information to help you get organized and prepared before you see a lawyer. It even includes worksheets to help gather all your information together. You will also find lots of practical advice on how to deal with your emotions during divorce, and an example of a marital settlement agreement that will help you create your own. For more information, go to www.nolodivorce.com. Copyright 2005 Ed Sherman Marriage Seperation - A Practical Guide Finance in marriage seperation is a very big issue particularly with regards to the mortgage and household bills. When marriage seperation is inevitable obviously both parties need somewhere to stay and often it can be quite difficult to sell one property and then try to finance two. Some couples agree to keep the existing property going and one partner move out into rented accommodation for a trial marriage seperation period. This then gives each partner time to reflect and decide what may be better for both parties. However, both parties in marriage seperation have to live and are sometimes eligible for single parent help should they have children. This, together with child maintenance, could help with their financial situation considerably. The Job of a Divorce Attorney Marriage is a very solemn and serious chapter on any person's life. However, due to personal reasons, a couple may decide to call everything off and file a divorce. Divorce, or dissolution, as it is increasingly becoming known, is a process that legally terminates a marriage no longer considered viable by one or both of the spouses, and that permits both to remarry. All options for reconciliation are taken before a decision is made to go to a divorce attorney. But when everything fails, the divorce attorney takes over and the legal process of divorce takes place. How Can Collaborative Law Be Beneficial In Your Texas Divorce? Collaborative law is based on the realization that the commitment by the parties in a family is that it is in their best interest to avoid going to trial. Hire Divorce Lawyer or Use Online Divorce Forms When do you need to hire a family law attorney and when is it okay to just use an online divorce form website to save a little money? This article will provide a few pointers to help you decide whether to do it yourself or retain a divorce lawyer. Divorce--How to Beat the System Of course you want to get your Judgment--that's the goal of your legal divorce--but you don't want to go through the adversarial legal system to get it. You don't want to get all tangled up with lawyers and courts, because the system is designed to work against you.
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