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Divorce Information.... from Heart-Links.com |
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5 Things To Do Before You Even Think About Getting A DivorceThere are many steps to take to protect yourself in a divorce. This article will get you started. Your best bet is to talk to a lawyer before you do anything. 1. Talk to a Marriage Counselor or other professional who may be able to help you save your marriage. Even if you don't think there's hope for the marriage, "divorce counseling" can help you discover what went wrong, how to cope, and how to pick up the pieces and go on. Don't wait for your spouse to participate. If you don't know how to find a qualified counselor, our firm will be glad to recommend one or you can check out the directory of professionals at stayhappilymarried.com. Your employment, social or religious contacts might also provide leads. 2. Talk to an attorney before you do anything. Even if you don't end up hiring an attorney to handle your separation or divorce, you would be well advised to get as much information as you can before you even discuss divorce with your spouse. There's a lot to know about divorce in North Carolina?our laws are complex and even the simplest situation can be very confusing to families already in distress. Actions you take now may very well affect the outcome of your divorce (see #3) and you need to understand your options ahead of time?not some time down the road when it may be too late to alter the outcome. Click here to find attorneys who are well versed in the intricacies of North Carolina divorce law. 3. Do not move out of the marital home without talking to an attorney first. Leaving the house without a good reason may cause you to pay alimony or may result in your inability to collect alimony. If you leave the house, you may also be unable to return until after a court divides the property. This process might take more than a year. The best advice is to stay in the house until after you talk with an attorney unless your spouse is violent. If your spouse is violent, you must take all steps necessary to protect yourself and your children. 4. If you have been involved in any extramarital affairs, talk to a lawyer before you discuss this with your spouse or anyone else. In this case, honesty may not be the best policy. In addition to the fact that adultery is illegal in some states, admission of an affair can have other dire consequences. If your spouse is a candidate for alimony, any illicit sexual behavior on your part (during the marriage?which includes the time you are separated) could end up costing you thousands in additional alimony payments. 5. Take concrete steps to safeguard your assets before you and your spouse begin discussing divorce. One of these steps is to take possession of certain assets during separation, especially those assets you wish to be using, such as furniture and vehicles, and those assets that might be liquidated by your spouse, including precious gems and stones, other collectibles, cash, and bearer bonds. Another self-protective step is to file what is known as a Lis Pendens in the Deeds Office of any county where you and/or your spouse own real property. The lis pendens puts third parties on notice of your claim to have an interest in the real estate against which the lis pendens is docketed. The lis pendens is basically a notice of pending litigation that may affect real property. A properly recorded and served lis pendens clouds the title to the property, preventing an effective sale of the property behind your back. The rules regarding a lis pendens contain very specific requirements, all of which are spelled out in section 1-116 and the following sections of the North Carolina General Statutes. A third possible step to protect the assets of your marriage is to get an injunction restraining your spouse from transferring or otherwise disposing of any property covered by the restraining order. Your attorney can also use an injunction to get your separate property returned to you, where your separate property is in the possession of your spouse and the spouse refuses to give it to you. The equitable distribution statute also provides a means for you to obtain an interim distribution of marital property, pending a final resolution of the property matter. Such an interim allocation could, for instance, give you much needed funds on which to live. Other protective measures you might consider in your divorce planning include: (1) protecting your own credit rating by freezing or closing joint cards and by blocking your spouse's access to other joint credit such as a home equity loan; (2) closing joint bank accounts and opening accounts in your own, individual name; (3) changing the name of the responsible party on utility and other bills; and (4) spending where possible your spouse's separate property first, marital property next, and your own separate property last. While this list will help you get started on the right track, it is by no means a complete list of all the things you need to do and know if you are considering a divorce. For more information about the rights and duties of separating and divorcing husbands and wives visit http://www.rosen.com. You'll find a complete law library, downloadable divorce forms, a legal fee calculator, a child support calculator, lists of professionals who can help you and stories from people just like you who have survived divorce. Lee S. Rosen is a Board Certified Family Law Specialist and founder of Rosen Divorce in North Carolina. Rosen Divorce is the largest divorce firm in the Southeastern United States. For more information visit http://www.rosen.com.
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Divorce - Google News | | | | RELATED ARTICLES How To Identify What The Question Should I Get a Divorce? Means To You Deciding about whether you should get a divorce or not is an agonizing experience to go through. If you are asking yourself "should I get a divorce?", you've been thinking about your relationship's state for a while or an isolated incident (an example is an extramarital affair) that occurred was so terrible, that you want to just chuck it all and start over with a new life!If you have been asking yourself "should I get a divorce?" for any length of time, you should figure out what is making you feel that way if you haven't already. Divorce: How To Survive A Divorce And Move On With Your Life One out of every two marriages in America is failing.American families are crumbling and vanishing. Steps Toward Divorce When you're faced with the possibility of divorce it's important that you make sure you and your children (if you have any) are taken care of. 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Divorce Makes Us Stronger My friends call me the "Divorce Poster Child".At the age of 20 I was married, and by 22 I had our first child. Houston Divorce Lawyer - West Houston Attorney Answers Common Questions About Mediation If you are reading this, then you are probably either thinking of filing for divorce -- or have a feeling that your spouse may be filing for divorce -- whether you want to separate or not.One of the common questions that an individual going through the divorce process asks is "What is a Divorce Mediation?"Mediation is a process which allows both you and your spouse to maintain control over your destiny and the terms of your divorce settlement. How to Recover From Divorce As a licensed mental health professional, I work with many individuals, couples, and families who are affected by divorce. I have developed this list of survival strategies for people who are experiencing divorce. Tax & Financial Impacts of Divorce: 10 Mistakes to Avoid Divorce is something no one hopes will happen to them when they get married. Unfortunately, almost half of all marriages end in divorce. Divorce and Children: Things To Consider When Youre Staying Married Only For Your Children All children are different and respond differently to divorce. Depending on the characteristics of the children - age, emotional maturity, happiness, resiliency to trauma - the easier or more difficult it will be for children to weather a divorce. Why Men Wont Commit To Marriage A common reason why men wont commit could be due to their past. Men wont commit if they have witnessed their parents in the past arguing or rowing. Does Your Sexless Marriage Have You Thinking About Divorce? If you are in a sexless marriage and are unhappy because of it, don't worry, it isn't unrecoverable but it is serious cause for concern. You may even be thinking that you need a divorce because of your sexless marriage, that's only natural. Divorce and the Stock Market The most recent statistics show that about 50% of all marriages end in divorce. It is not very encouraging to enter into any kind of relationship knowing that it only has a 50/50 chance of being successful. Anatomy of a Divorce: How it Really Works The legal divorce vs. your real divorce The legal divorce has very limited concerns: to get a judgment of divorce, you have to make arrangements for your property, your children, and support (if any). Divorce The most recent statistics show that about 50% of all marriages end in divorce. It is not very encouraging to enter into any kind of relationship knowing that it only has a 50/50 chance of being successful. 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.This process relies on open and honest communication and cooperation between the parties and their lawyers to achieve a fair result. Contested And Uncontested Divorce A divorce case is contested if the parties cannot agree on every one of the issues involved in their particular situation. Common areas of disagreement include, but are not limited to: grounds for divorce, custody of the children, visitation rights, division of the assets of the marriage, child support, maintenance (alimony), payment of family debts, contribution toward educational expenses (college or parochial), payment of health insurance for the dependent spouse, income tax structuring, etcWhen a divorce case is filed, it is given an identification number and is deemed by the court to be a matter that will ultimately require trial time in order to resolve all issues. Why Standard Visitation Should NOT Be Standard When a nuclear family separates, it usually separates into a "custodial" family and a "non-custodial" family. The custodial family is the parent with whom the children reside on a day-to-day basis. Spousal Emotional Abuse During Divorce--What You Can Do Is your spouse violent, abusive, harassing? In cases of harassment or violence there are legal remedies and there are practical things you can and must do for yourself. This is not about reaching agreement--these are strategies for self-defense. |
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