tag:blogger.com,1999:blog-67880439041058869162023-11-16T02:37:04.062-05:00Dealing With DivorceMediator Markhttp://www.blogger.com/profile/10680583541921824263noreply@blogger.comBlogger31125tag:blogger.com,1999:blog-6788043904105886916.post-10228091306467568722014-02-06T09:54:00.000-05:002014-02-06T09:54:28.415-05:00Divorce cases are up as economy recovers<div dir="ltr" style="text-align: left;" trbidi="on">
ABC News<br />
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Posted: 02/05/2014 <br /> <br />
<img alt="Carlos Correa" hight="45" src="http://www.turnto23.com/image/user_male_portrait?img_id=32577129&t=1391696301525" title="Carlos Correa" width="60" /><span class="story-author-name">Carlos Correa</span><br />
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BAKERSFIELD, Calif. - A rebound in the economy is producing a rebound in divorce court. Now that the economy is starting to improve, it appears more people are deciding that it’s a good time to call it quits.<br />
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Couples forced to stay together during the recession are finally able to permanently separate as the improving economy brings in more available money.<br />
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Bakersfield attorney Nicholas Azemika is noticing a change just as the economy begins to recover.<br />
“In Kern County, typically family law, there’s always an increase in filings,” he said.<br />
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A study to be published in Population Research and Policy Reviews, finds fewer couples nationwide split during the recession and may have been waiting until they could afford to file for divorce.<br />
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“When the real estate market went crazy, and you had people with equity in their homes, all of a sudden you started seeing spouses coming in saying ‘oh, okay if I get divorced, I get half of that equity in that house? Yup,’” he said.<br />
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Nationwide, the divorce rate among married women dropped from 2.09% to 1.95%, but began to climb in both 2010 and 2011. <br />
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Leaders with Kern County’s Family and Law Division are also noticing the trend here at home.<br />
“People in marriage fight over sex, power and money,” said Azemika.<br />
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Five thousand people filed for divorce last year, that’s a little over four hundred a month.<br />
“There’s a lot of reasons why they go through divorce, but the biggest reason is financial stress,” said Garro Ellis, financial advisor for Money Wise.<br />
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Filing for divorce can cost $500 dollars and after lawyer and court costs, it all adds up to more than $10,000, which for some couples it’s a split they can now afford.<br />
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“Now that the economy is recovering, people are more comfortable with stock prices up, 401k’s are up, home prices are up. They are feeling more comfortable pulling the trigger,” said Ellis.<br />
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<a href="http://www.turnto23.com/news/local-news/study-shows-divorces-cases-are-up-as-economy-recovers-020514" target="_blank">More></a></div>
Mediator Markhttp://www.blogger.com/profile/10680583541921824263noreply@blogger.com1tag:blogger.com,1999:blog-6788043904105886916.post-56551476109415117602014-02-03T11:29:00.001-05:002014-02-03T11:29:53.685-05:00Child Sense: Helping your child feel secure during divorce<div dir="ltr" style="text-align: left;" trbidi="on">
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Divorce is a very hard subject to talk about with your children, especially as it usually is the accumulation of a period of unpleasant interactions between parents. It's important that you help your child transition as easily as possible and know that even though there may be a change in living environments it need not be the end of their relationship with either parent. By being aware of your child's dominant sense during this period, you can help them assimilate the information in a positive way and help them to feel secure, safe and loved. <div style="color: black; font-size-adjust: none; font-stretch: normal; font: 10pt/normal sans-serif; height: 1px; overflow: hidden; text-align: left; text-transform: none; width: 1px;">
<br />Read more here: http://www.kansascity.com/2014/02/03/4794653/child-sense-helping-your-child.html#storylink=cpy</div>
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<a href="http://www.kansascity.com/2014/02/03/4794653/child-sense-helping-your-child.html" target="_blank">More></a></div>
Mediator Markhttp://www.blogger.com/profile/10680583541921824263noreply@blogger.com1tag:blogger.com,1999:blog-6788043904105886916.post-52804855334712308652014-01-30T15:45:00.000-05:002014-01-30T15:45:07.119-05:00Effect of Social Media on a Divorce<div dir="ltr" style="text-align: left;" trbidi="on">
<span style="font-size: large;">The Paramus Post</span><br />
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By <a class="storybyline" href="http://www.paramuspost.com/users.php?mode=profile&uid=1637">Angela Sanders</a> Wednesday, January 29, 2014, 12:14 AM EST<br />
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In years past most marital fights and indiscretions occurred behind closed doors, and after the fact there was no record of what had transpired. Today, with the increase of technology, things we say on cell phones, online, and even in the presence of cameras can be stored indefinitely and used against us years later. While advanced technology, including social media, has had a profound impact on nearly every aspect of our lives, it seems to be creating particular problems in the area of marriage and divorce.</div>
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<strong>Impact of Social Media on Marriages</strong></div>
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Ten years ago if a person wanted to hook up with an old flame or start a casual romance they almost always had to physically leave their home to do it. The effort involved in straying from one's partner was much greater than it is today. With the click of a mouse, a disgruntled marriage partner can find another individual to connect to within minutes. Some people think connections made online are not technically cheating. Even for those who take this view, it's still unfortunate that many times online connections turn into physical affairs. By some estimates divorce has increased up to 20 percent during the previous 10 years because of social media.</div>
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<a href="http://www.paramuspost.com/article.php/20140129001436706" target="_blank">More></a></div>
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Mediator Markhttp://www.blogger.com/profile/10680583541921824263noreply@blogger.com0tag:blogger.com,1999:blog-6788043904105886916.post-36032770914440473812014-01-18T10:38:00.005-05:002014-01-18T10:39:45.234-05:00More religiously conservative Protestants? More divorce, study finds<div dir="ltr" style="text-align: left;" trbidi="on">
From the LA Times<br />
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Divorce is higher among religiously conservative Protestants – and even drives up divorce rates for other people living around them, a new study finds.<br />
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The study, slated to be published in the American Journal of Sociology, tackles the “puzzling paradox” of why divorce is more common in religiously conservative “red” states. If religious conservatives believe firmly in the value of marriage, why is divorce especially high in places like Alabama and Arkansas?<br />
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To figure that out, researchers from the University of Texas and the University of Iowa analyzed county divorce statistics against information from an earlier study of religious congregations. They categorized Protestant denominations that believe the Bible is literally true as "conservative Protestants."<br />
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Researchers discovered that higher divorce rates among conservative Protestants were tied to earlier marriages and childbearing – factors known to ramp up divorce. Starting families earlier tends to stop young adults from pursuing more education and depresses their wages, putting more strain on marriages, University of Texas at Austin professor Jennifer Glass said.<br />
But the study went a step further: Glass and another researcher also discovered that people living in areas with lots of conservative Protestants were at higher risk of getting divorced, even if they weren’t conservative Protestants themselves.</div>
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<a href="http://www.latimes.com/world/worldnow/la-sci-sn-red-states-religious-conservative-divorce-20140116,0,7835151.story#ixzz2qlU8mUf9" target="_blank">More></a></div>
Mediator Markhttp://www.blogger.com/profile/10680583541921824263noreply@blogger.com0tag:blogger.com,1999:blog-6788043904105886916.post-74484445288126181092014-01-09T09:29:00.001-05:002014-01-09T09:29:17.733-05:00Joe Sorge's documentary, "Divorce Corp." examines the disfunctional nature of America's family court system.<div dir="ltr" style="text-align: left;" trbidi="on">
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From the Hollywood Reporter: 1/9/14<br />
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<a href="http://www.hollywoodreporter.com/review/divorce-corp-film-review-669273" target="_blank">See the film review for Divorce Corp.</a></div>
Mediator Markhttp://www.blogger.com/profile/10680583541921824263noreply@blogger.com6tag:blogger.com,1999:blog-6788043904105886916.post-91520831786389042582014-01-06T09:10:00.003-05:002014-01-06T09:10:44.327-05:00Is January National Divorce Month?<div dir="ltr" style="text-align: left;" trbidi="on">
HuffPost<br />
By <a href="http://www.huffingtonpost.com/stann-givens" rel="author">Stann Givens</a><br />
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January is upon us and the phones are starting to ring. It happens every year in our divorce law practice. It's the same old story: clients dissatisfied with the marital relationships, but not wanting to file for divorce until after the holidays. <br />
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Since I began my divorce law practice decades ago, it has never changed. It is like a department store having a sale. People are lining up on the phone to speak with an attorney and make an appointment to get started. <br />
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I am not totally sure what it is all about. We don't keep the statistics in our office, but I read somewhere that most of the people calling are women. Did the husband not pay attention to the hints dropped about that perfect Christmas present? I am sure that it is much more than that. Did he get caught kissing the wrong person under the mistletoe? <br />
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A friend of mine told me once that the reason men have affairs is that they have just come to realize that they are going to die someday. It is sort of an analysis of what you want the rest of your life to look like. If it looks better with another female in the picture, then the move gets made because the man doesn't want to end his life with having let the opportunity slip by. <br />
People take time during the holidays to pause and reflect. They take more days off work around the holidays and they exchange thoughts with friends. This can lead to that lifestyle analysis. <br />
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<a href="http://www.huffingtonpost.com/stann-givens/is-january-national-divorce-month_b_4542313.html" target="_blank">More></a></div>
Mediator Markhttp://www.blogger.com/profile/10680583541921824263noreply@blogger.com0tag:blogger.com,1999:blog-6788043904105886916.post-30428861023540293302014-01-05T09:51:00.001-05:002014-01-05T09:52:01.843-05:00Divorce without judges? France mulls new plan<div dir="ltr" style="text-align: left;" trbidi="on">
PARIS: France is considering a plan to allow divorces by mutual consent to proceed without a judge, simplifying a process that some critics say is already too easy. Social Affairs Minister Dominique Bertinotti confirmed the plan was under consideration on Friday, telling BFM-TV that “simplification is a good thing.”<br />
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Under the report requested by France’s justice minister and expected to be laid out in mid-January, a court clerk could approve divorces when both spouses agree.<br />
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According to the Le Figaro newspaper, divorcing couples in agreement spend an average of only eight minutes before a judge now. The paper said 54 percent of French divorces are uncontested.<br />
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Bertinotti said court clerks are highly trained in the law and could handle those cases, freeing up judges for trickier breakups.<br />
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“One couple in two will divorce. Do we have to make it more difficult?” she asked.<br />
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Opponents say the proposal will further weaken the institution of marriage, as well as make agreements harder to enforce.<br />
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“Doing without a judge’s authority risks weakening the agreement and reinforces the sentiment — common about those divorcing — that they’ve been had,” Elodie Mulon, a specialist in family law, told Le Figaro. Najat Vallaud-Belkacem, the government spokeswoman, said the proposal was among about 200 in the report.<br />
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AP <br />
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Source Article: <a href="http://thepeninsulaqatar.com/news/international/267025/divorce-without-judges-france-mulls-new-plan" target="_blank">The Peninsular</a></div>
Mediator Markhttp://www.blogger.com/profile/10680583541921824263noreply@blogger.com1tag:blogger.com,1999:blog-6788043904105886916.post-48547228492593076442013-12-28T09:18:00.000-05:002013-12-28T09:18:50.499-05:00Software for Sorting Out Child Support<div dir="ltr" style="text-align: left;" trbidi="on">
From The New York Times<br />
12/26/13<br />
By <a class="url fn" href="http://bits.blogs.nytimes.com/author/quentin-hardy/" title="See all posts by QUENTIN HARDY">QUENTIN HARDY</a><br />
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Getting divorced, particularly when children are involved, can be a hard and messy business, rife with mediators, lawyers and courts. It’s little remarked how hard the realities of the situation can be afterward, when people are on their own.<br />
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“I came from a family that had a horrible divorce, and when it came time for me, I thought it would be different,” said Sheri Atwood, a 35-year-old mother of a 10-year-old girl. “But managing child support payments, child care, pickup schedules, figuring out who will pay for this and that. You’ve got an Excel spreadsheet out all the time, and you’re still swamped.”<br />
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Seeking relief, and seeing a potentially unserved market, two years ago Ms. Atwood quit her high-technology job and started a new company, Ittavi. Its product, <a href="http://supportpay.com/">SupportPay</a>, is an online service that offers calendaring, schedule management, third-party payment systems and tax-management software for divorced people.<br />
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<a href="http://bits.blogs.nytimes.com/2013/12/26/supporting-child-support/" target="_blank">More ></a></div>
Mediator Markhttp://www.blogger.com/profile/10680583541921824263noreply@blogger.com0tag:blogger.com,1999:blog-6788043904105886916.post-68054736272613424792013-12-26T09:16:00.000-05:002013-12-26T09:16:00.588-05:005 Reasons Divorce Can Be Better Than Christmas Morning<div dir="ltr" style="text-align: left;" trbidi="on">
From: Huffington Post/Divorce<br />
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<em>Written by <a href="http://divorcedmoms.com/authors/124" target="_hplink">Cathy Meyer </a>for <a href="http://divorcedmoms.com/" target="_hplink">DivorcedMoms.com</a></em><br />
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Yes, I said divorce can be better than Christmas morning. Sometimes even better than sex, or better than sex with your ex.<br />
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For some of you, those who are experiencing an unwanted divorce, it will take time to appreciate the many possible virtues of divorce. For those of you who initiated the divorce, you may get it right now.<br />
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I had divorce forced upon me. I went through my fair share of heartache and anger and I learned eventually that there were things I didn’t know until the process was behind me and I was living, breathing and experiencing the person I became after that unwanted divorce. Here is my list of five reasons divorce can be better than Christmas morning:<br />
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<a href="http://www.huffingtonpost.com/2013/12/25/divorce-is-good_n_4494870.html" target="_blank">More ></a></div>
Mediator Markhttp://www.blogger.com/profile/10680583541921824263noreply@blogger.com0tag:blogger.com,1999:blog-6788043904105886916.post-28310318525602735812013-12-20T09:27:00.000-05:002013-12-20T09:27:08.965-05:00Study Reveals Five Common Themes Underlie Most Divorces<div dir="ltr" style="text-align: left;" trbidi="on">
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Divorcé's Guide to Marriage</h1>
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Study Reveals Five Common Themes Underlie Most Divorces</h2>
From The Wall Street Journal<br />
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Want great marriage advice? Ask a divorced person.</div>
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People who lose the most important relationship of their life tend to spend some time thinking about what went wrong. If they are at all self-reflective, this means they will acknowledge their own mistakes, not just their ex's blunders. And if they want to be lucky in love next time, they'll try to learn from these mistakes. </div>
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Research shows that most divorced people identify the same top five regrets—behaviors they believe contributed to their marriage's demise and that they resolve to change next time.</div>
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<a href="http://online.wsj.com/news/articles/SB10000872396390444025204577544951717564114" target="_blank">More</a> ></div>
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Mediator Markhttp://www.blogger.com/profile/10680583541921824263noreply@blogger.com0tag:blogger.com,1999:blog-6788043904105886916.post-67838199125053031952013-12-19T15:39:00.002-05:002013-12-19T15:39:17.624-05:00Sons of Divorce, School Shooters<div dir="ltr" style="text-align: left;" trbidi="on">
From: The National Review Online<br />
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<a class="article_title active" href="http://www.nationalreview.com/corner/366405/sons-divorce-school-shooters-w-bradford-wilcox">Sons of Divorce, School Shooters</a><br />
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By <a class="story_subtext" href="http://www.nationalreview.com/author/w-bradford-wilcox">W. Bradford Wilcox</a> <br />
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<a class="blog_date_permalink active" href="http://www.nationalreview.com/corner/366405/sons-divorce-school-shooters-w-bradford-wilcox">December 16, 2013 12:06 PM</a> </div>
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<span style="font-size: 1em; letter-spacing: 0px; line-height: 1.5em;">Another shooting, another son of divorce. From Adam </span>Lanza<span style="font-size: 1em; letter-spacing: 0px; line-height: 1.5em;">, who killed 26 children and adults a year ago at Sandy Hook School in Newtown, Conn., to Karl Pierson, who shot a teenage girl and killed himself this past Friday at Arapahoe High in Centennial, Colo., one common and largely </span>unremarked<span style="font-size: 1em; letter-spacing: 0px; line-height: 1.5em;"> thread tying together most of the school shooters that have struck the nation in the last year is that they came from homes marked by divorce or an absent father. From shootings at MIT (i.e., the </span>Tsarnaev<span style="font-size: 1em; letter-spacing: 0px; line-height: 1.5em;"> brothers) to the University of Central Florida to the Ronald E. McNair Discovery Learning Academy in Decatur, Ga., nearly every shooting over the last year in Wikipedia’s “</span><a href="http://en.wikipedia.org/w/index.php?title=List_of_school_shootings_in_the_United_States&action=edit&section=20" style="font-size: 1em; letter-spacing: 0px; line-height: 1.5em;">list</a><span style="font-size: 1em; letter-spacing: 0px; line-height: 1.5em;"> of U.S. school attacks” involved a young man whose parents divorced or never married in the first place.</span></div>
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<span style="font-size: 1em; letter-spacing: 0px; line-height: 1.5em;"><<a href="http://www.nationalreview.com/corner/366405/sons-divorce-school-shooters-w-bradford-wilcox" target="_blank">More</a>></span></div>
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Mediator Markhttp://www.blogger.com/profile/10680583541921824263noreply@blogger.com0tag:blogger.com,1999:blog-6788043904105886916.post-35677430841883381752013-09-20T11:18:00.003-04:002013-09-20T11:18:28.078-04:00Divorce Lawyer Sues Client's Ex-husband For Defamation<div dir="ltr" style="text-align: left;" trbidi="on">
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Divorce Lawyer Sues Client's Ex-husband For Defamation </h1>
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<span class="Ent-Date">9/19/2013 3:21 PM ET </span></div>
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An Illinois lawyer has sued a man unhappy with his divorce for defamatory comments posted online, court <span class="IL_AD" id="IL_AD5">records</span> say.<br />
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Paul Nordini represented Joe LaBarre's wife in the divorce case, reported WBBM-<span class="IL_AD" id="IL_AD3">TV</span> on Thursday. Nordini reportedly wants more than $100,000 in damages.<br />
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LaBarre posted a negative review on Nordini's law firm on Google Plus. He told the local TV station that he's not concerned over the lawsuit. <br />
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Nordini holds his law practice in Naperville which is approximately 40 minutes to the west of Chicago. <br />
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<<a href="http://www.rttnews.com/2191176/divorce-lawyer-sues-client-s-ex-husband-for-defamation.aspx?type=gn&utm_source=google&utm_campaign=sitemap" target="_blank">Entire Story</a>></div>
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Mediator Markhttp://www.blogger.com/profile/10680583541921824263noreply@blogger.com13tag:blogger.com,1999:blog-6788043904105886916.post-45257821888575823992013-09-10T10:19:00.004-04:002013-09-10T10:19:59.938-04:00Judge denies request to toss former Dodgers CEO McCourt divorce deal <div dir="ltr" style="text-align: left;" trbidi="on">
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A judge denied a motion Monday by former Dodgers CEO Jamie McCourt to throw out a $131 million divorce settlement that she argued was invalid because she believes she was misled about the value of the team that was later sold for $2 billion.</span><span class="paragraph-1"><br />
Jamie McCourt didn't present enough evidence to show that she should get more than what she received in the settlement reached with former husband and ex-Dodgers owner Frank McCourt, Superior Court Judge Scott Gordon said in his 57-page ruling.</span><div class="tncms-restricted-notice hide" style="text-align: left;">
<a href="http://www.timesdaily.com/sports/national_sports_headlines/baseball/article_773e418d-20b2-5d5d-934c-f0dc11669778.html#" name="subscription-notice"></a><div class="ui-widget-header ui-corner-all notice-header" id="notice-header">
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<span class="ui-icon ui-icon-locked float-left">She contended her ex-husband short-changed her $770 million by misrepresenting the Dodgers' assets during their divorce and believes Frank McCourt knew the true value all along.</span></div>
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<a href="http://www.timesdaily.com/sports/national_sports_headlines/baseball/article_773e418d-20b2-5d5d-934c-f0dc11669778.html" target="_blank">Complete Article</a></div>
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Mediator Markhttp://www.blogger.com/profile/10680583541921824263noreply@blogger.com1tag:blogger.com,1999:blog-6788043904105886916.post-35968184366832596892013-09-10T09:44:00.002-04:002013-09-10T09:44:28.698-04:00Divorce is Better Than a Push Off a Cliff<div dir="ltr" style="text-align: left;" trbidi="on">
<strong>(CNN)</strong> -- A woman in Montana is accused of pushing her husband off a cliff after an argument. The pair had been married for just more than a week.<br />
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Jordan Linn Graham made an initial appearance in court Monday to face a charge of second-degree murder. If convicted, she faces life in prison.</div>
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According to a criminal complaint, Graham recently told a friend she was having second thoughts about marrying Cody L. Johnson. <a href="http://www.nbcmontana.com/news/flathead-newlywed-accused-of-murdering-husband/-/14594602/21853576/-/3onu9hz/-/index.html" target="_blank">CNN affiliate KECI </a>reported the couple had been married for just more than a week.</div>
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The complaint said the couple argued the night of July 7. Upset, they decided to go hiking in Glacier National Park in Flathead County, Montana, where they continued to fight.</div>
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<a href="http://www.cnn.com/2013/09/10/us/montana-husband-death/index.html?hpt=hp_t2" target="_blank">Complete Article</a></div>
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Mediator Markhttp://www.blogger.com/profile/10680583541921824263noreply@blogger.com1tag:blogger.com,1999:blog-6788043904105886916.post-61576157321481721632011-02-15T15:27:00.001-05:002011-02-15T15:28:09.608-05:00<div align="center"><table border="0" cellpadding="0" cellspacing="4" class="MsoNormalTable" style="mso-cellspacing: 3.0pt; mso-padding-alt: 0in 0in 0in 0in; mso-yfti-tbllook: 1184; width: 761px;"><tbody>
<tr style="mso-yfti-firstrow: yes; mso-yfti-irow: 0;"><td style="background-color: transparent; border-bottom: #f0f0f0; border-left: #f0f0f0; border-right: #f0f0f0; border-top: #f0f0f0; padding-bottom: 0in; padding-left: 0in; padding-right: 0in; padding-top: 0in; width: 321.75pt;" width="429"><div class="MsoNormal" style="line-height: normal; margin: 0in 0in 10pt; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; text-align: left;"><span style="font-family: "Times New Roman", "serif"; mso-fareast-font-family: "Times New Roman";"><span style="color: #783f04; font-size: large;">Ten Tips for Divorcing Couples With Children</span> </span></div></td></tr>
<tr style="mso-yfti-irow: 1; mso-yfti-lastrow: yes;"><td style="background-color: transparent; border-bottom: #f0f0f0; border-left: #f0f0f0; border-right: #f0f0f0; border-top: #f0f0f0; padding-bottom: 0in; padding-left: 0in; padding-right: 0in; padding-top: 0in; width: 321.75pt;" valign="top" width="429"><div class="MsoNormal" style="line-height: normal; margin: 0in 0in 10pt; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; text-align: left;"><span style="font-family: "Times New Roman", "serif"; font-size: 12pt; mso-fareast-font-family: "Times New Roman";">1. Never disparage your former spouse in front of your children. Because children know they are "part mom" and "part dad," the criticism can batter the child’s self-esteem.</span></div><div class="MsoNormal" style="line-height: normal; margin: 0in 0in 10pt; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; text-align: left;"><span style="font-family: "Times New Roman", "serif"; font-size: 12pt; mso-fareast-font-family: "Times New Roman";">2. Do not use your children as messengers between you and your former spouse. The less the children feel a part of the battle between their parents, the better.</span></div><div class="MsoNormal" style="line-height: normal; margin: 0in 0in 10pt; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; text-align: left;"><span style="font-family: "Times New Roman", "serif"; font-size: 12pt; mso-fareast-font-family: "Times New Roman";">3. Reassure your children that they are loved and that the divorce is not their fault. Many children assume that they are to blame for their parents’ hostility.</span></div><div class="MsoNormal" style="line-height: normal; margin: 0in 0in 10pt; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; text-align: left;"><span style="font-family: "Times New Roman", "serif"; font-size: 12pt; mso-fareast-font-family: "Times New Roman";">4. Encourage your children to see your former spouse frequently. Do everything within your power to accommodate the visitation.</span></div><div class="MsoNormal" style="line-height: normal; margin: 0in 0in 10pt; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; text-align: left;"><span style="font-family: "Times New Roman", "serif"; font-size: 12pt; mso-fareast-font-family: "Times New Roman";">5. At every step during your divorce, remind yourself that your children’s interests – not yours – are paramount, and act accordingly. Lavish them with love at each opportunity.</span></div><div class="MsoNormal" style="line-height: normal; margin: 0in 0in 10pt; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; text-align: left;"><span style="font-family: "Times New Roman", "serif"; font-size: 12pt; mso-fareast-font-family: "Times New Roman";">6. Your children may be tempted to act as your caretaker. Resist the temptation to let them. Let your peers, adult family members and mental health professionals be your counselors and sounding board. Let your children be children.</span></div><div class="MsoNormal" style="line-height: normal; margin: 0in 0in 10pt; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; text-align: left;"><span style="font-family: "Times New Roman", "serif"; font-size: 12pt; mso-fareast-font-family: "Times New Roman";">7. If you have a drinking or drug problem, get counseling right away. An impairment inhibits your ability to reassure your children and give them the attention they need at this difficult time.</span></div><div class="MsoNormal" style="line-height: normal; margin: 0in 0in 10pt; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; text-align: left;"><span style="font-family: "Times New Roman", "serif"; font-size: 12pt; mso-fareast-font-family: "Times New Roman";">8. If you are the non-custodial parent, pay your child support. The loss of income facing many children after divorce puts them at a financial disadvantage that has a pervasive effect on the rest of their lives.</span></div><div class="MsoNormal" style="line-height: normal; margin: 0in 0in 10pt; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; text-align: left;"><span style="font-family: "Times New Roman", "serif"; font-size: 12pt; mso-fareast-font-family: "Times New Roman";">9. If you are the custodial parent and you are not receiving child support, do not tell your children. It feeds into the child’s sense of abandonment and further erodes his stability.</span></div><div class="MsoNormal" style="line-height: normal; margin: 0in 0in 10pt; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; text-align: left;"><span style="font-family: "Times New Roman", "serif"; font-size: 12pt; mso-fareast-font-family: "Times New Roman";">10. If at all possible, do not uproot your children. Stability in their residence and school life helps buffer children from the trauma of their parents’ divorce.</span></div><div class="MsoNormal" style="line-height: normal; margin: 0in 0in 10pt; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; text-align: left;"><b><span style="font-family: "Times New Roman", "serif"; font-size: 12pt; mso-fareast-font-family: "Times New Roman";">- From the American Academy of Matrimonial Lawyers</span></b><span style="font-family: "Times New Roman", "serif"; font-size: 12pt; mso-fareast-font-family: "Times New Roman";"></span></div><div class="MsoNormal" style="line-height: normal; margin: 0in 0in 10pt; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; text-align: left;"><span style="font-family: "Times New Roman", "serif"; font-size: 12pt; mso-fareast-font-family: "Times New Roman";">To assist parents contemplating, undergoing or recovering from divorce, the American Academy of Matrimonial Lawyers has a publication individuals can request, free of charge, <i>Stepping Back From Anger, Protecting Your Children During Divorce.</i> Individuals can order a copy by calling 1-877-4THE-KIDS.</span></div></td></tr>
</tbody></table></div>Mediator Markhttp://www.blogger.com/profile/10680583541921824263noreply@blogger.com0tag:blogger.com,1999:blog-6788043904105886916.post-13928480411639052782011-02-02T16:14:00.002-05:002011-02-02T16:16:44.088-05:00<span style="color: #783f04; font-size: large;">How long does it take to complete an online divorce in the state of Texas?</span><br />
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<span style="font-family: Arial, Helvetica, sans-serif;">When considering an online divorce in the state of Texas, the first question that most have is "how long does it take?"</span><br />
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</span><br />
<span style="font-family: Arial, Helvetica, sans-serif;">The first consideration for a couple seeking divorce is where to file. One files in the county/state of residence, not of the marriage. There are residency requirements and waiting periods involved with all states/provinces.</span><br />
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<span style="font-family: Arial, Helvetica, sans-serif;">Here is the residency requirement for divorce for the state of Texas: </span><br />
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</span><br />
<span style="font-family: Arial, Helvetica, sans-serif;">The Petitioner or the Respondent must have been: (1) a resident of this state for the preceding six-month period; and (2) a resident of the county in which the suit is filed for 90-days.</span><br />
<div style="line-height: 14.25pt;"><span style="font-family: Arial, Helvetica, sans-serif;"><br />
</span></div><div style="line-height: 14.25pt;"><span style="color: black; font-family: Arial, Helvetica, sans-serif;">Here is the waiting period for divorce for the state of Texas:</span></div><div style="line-height: 14.25pt;"><span style="font-family: Arial, Helvetica, sans-serif;"><br />
</span></div><div style="line-height: 14.25pt;"><span style="color: black; font-family: Arial, Helvetica, sans-serif;">There is a 60-day waiting period between the time you file the Petition and the time that the Final Decree is granted.</span></div><div style="line-height: 14.25pt;"><span style="font-family: Arial, Helvetica, sans-serif;"><br />
</span></div><div style="line-height: 14.25pt;"><span style="color: black; font-family: Arial, Helvetica, sans-serif;">The steps of the divorce process when one uses an online divorce site such as OurDivorceAgreement.com are dramatically simplified compared to what one would go through when engaging lawyers to handle the entire process, because many of the extraneous and conflict-riddled steps are avoided.</span></div><div style="line-height: 14.25pt;"><span style="color: black;"><span _mce_style="font-family: 'Arial','sans-serif'; color: black; font-size: 10.5pt;" style="color: black;"></span></span><span style="font-family: Arial, Helvetica, sans-serif;"> </span></div><div style="line-height: 14.25pt;"><span style="color: black;"><span style="font-family: Arial, Helvetica, sans-serif;"><span _mce_style="font-family: 'Arial','sans-serif'; color: black; font-size: 10.5pt;" style="color: black;">Once the couple has decided where to file, they can choose an online divorce site. Considerations for this decision should include how long it takes to complete the site, how long it takes to get the completed documents, price and service. OurDivorceAgreement.com compares favorably in all of these respects, but I urge you to research the field thoroughly to make the best decision.</span> </span></span></div><div _mce_style="line-height: 14.25pt;" style="line-height: 14.25pt;"><br />
<span _mce_style="font-family: 'Arial','sans-serif'; color: black; font-size: 10.5pt;" style="color: black; font-family: Arial, Helvetica, sans-serif;">Complete the documents on the online divorce site. The </span><a _mce_href="http://www.articlesbase.com/internet-law-articles/what-are-the-basic-elements-of-a-divorce-from-an-online-divorce-site-3925934.html" href="http://www.articlesbase.com/internet-law-articles/what-are-the-basic-elements-of-a-divorce-from-an-online-divorce-site-3925934.html" target="_blank" title="Essential elements of any divorce"><span _mce_style="font-family: 'Arial','sans-serif'; font-size: 10.5pt;" style="font-family: Arial, Helvetica, sans-serif;">essential elements of any divorce </span></a><span _mce_style="font-family: 'Arial','sans-serif'; color: black; font-size: 10.5pt;" style="color: black; font-family: Arial, Helvetica, sans-serif;">are summarized in a previous article.</span></div><div _mce_style="line-height: 14.25pt;" style="line-height: 14.25pt;"><span style="font-family: Arial, Helvetica, sans-serif;"><br />
</span></div><div _mce_style="line-height: 14.25pt;" style="line-height: 14.25pt;"><span _mce_style="font-family: 'Arial','sans-serif'; color: black; font-size: 10.5pt;" style="color: black; font-family: Arial, Helvetica, sans-serif;">One often misunderstood detail regarding listing your assets and debts is that many couples believe that if they agree on the division of property or their child rights and responsibilities, then they do not need to detail these items in their Property Settlement Agreement and Child Care Plan (if they have minor children.)</span></div><div _mce_style="line-height: 14.25pt;" style="line-height: 14.25pt;"><span style="font-family: Arial, Helvetica, sans-serif;"><br />
</span></div><div _mce_style="line-height: 14.25pt;" style="line-height: 14.25pt;"><span _mce_style="font-family: 'Arial','sans-serif'; color: black; font-size: 10.5pt;" style="color: black; font-family: Arial, Helvetica, sans-serif;">We'll give more detail regarding this common misconception in a future article, but this misconception needs to be thoroughly debunked. Generally, anything that was accumulated during the marriage and all child care decisions need to be included in the Agreement. Otherwise, if there were to be a dispute after the divorce, the Court would have no record of the item(s) in question.</span></div><div _mce_style="line-height: 14.25pt;" style="line-height: 14.25pt;"><br />
<span _mce_style="font-family: 'Arial','sans-serif'; color: black; font-size: 10.5pt;" style="color: black; font-family: Arial, Helvetica, sans-serif;">Once the divorce documents are completed, they should be signed and notarized (if they call for a notary signature.) Usually, your local bank will notarize documents at no charge if you are a bank customer.</span></div><div _mce_style="line-height: 14.25pt;" style="line-height: 14.25pt;"><span style="font-family: Arial, Helvetica, sans-serif;"><br />
</span></div><div _mce_style="line-height: 14.25pt;" style="line-height: 14.25pt;"><span _mce_style="font-family: 'Arial','sans-serif'; color: black; font-size: 10.5pt;" style="color: black; font-family: Arial, Helvetica, sans-serif;">We recommend that each spouse using an online divorce site have separate attorneys review their Agreement to make sure it is in each person's best interest. We believe this is cheap "insurance" to make sure what you are about to sign is truly in your best interest. Many attorneys will be happy to provide an hour or so of pure legal advice if requested. When seeking this service, be sure you clearly state that you have been through mediation (online divorce is a form of self-guided mediation) and that you would like to engage the attorney strictly for the purpose of reviewing your Agreement prior to filing. </span></div><div _mce_style="line-height: 14.25pt;" style="line-height: 14.25pt;"><span style="font-family: Arial, Helvetica, sans-serif;"><br />
</span></div><div _mce_style="line-height: 14.25pt;" style="line-height: 14.25pt;"><span _mce_style="font-family: 'Arial','sans-serif'; color: black; font-size: 10.5pt;" style="color: black; font-family: Arial, Helvetica, sans-serif;">Make it clear that you have the filing documents and that you are not asking him or her to represent outside of this limited function. We are not aware of this being a legal requirement in any state but we urge you to do so to protect yourself in what may be one of the largest financial transactions of your life. We will speak to this issue in greater detail in a future article.</span></div><div _mce_style="line-height: 14.25pt;" style="line-height: 14.25pt;"><span _mce_style="font-family: 'Arial','sans-serif'; color: black; font-size: 10.5pt;" style="color: black; font-family: Arial, Helvetica, sans-serif;">Once you have signed the Agreement and have gotten a legal review (if you chose to do so), you are now ready to file your divorce papers. We recommend that you take 2-3 copies of all documents to the clerk's office of the divorce court in your county. This court is named differently by state, but if you go into any county courthouse and ask for the court that handles divorces, you will be directed to the correct one.</span></div><div _mce_style="line-height: 14.25pt;" style="line-height: 14.25pt;"><span style="font-family: Arial, Helvetica, sans-serif;"><br />
</span></div><div _mce_style="line-height: 14.25pt;" style="line-height: 14.25pt;"><span _mce_style="font-family: 'Arial','sans-serif'; color: black; font-size: 10.5pt;" style="color: black; font-family: Arial, Helvetica, sans-serif;">We recommend that you DO NOT take your documents to be filed first thing on Monday mornings, right before lunch or closing time in the afternoons - especially late on Friday afternoons or late afternoon the day before a holiday. Court clerks are human and they are usually overworked, underpaid and underappreciated. Choosing the ideal time can go a long way towards making your filing experience more pleasant and smooth. Be cordial but firm with the clerk. Act like you own the place (because you do! ;). Your tax money and filing fees keep the office open and operating.</span></div><div _mce_style="line-height: 14.25pt;" style="line-height: 14.25pt;"><span style="font-family: Arial, Helvetica, sans-serif;"><br />
</span></div><div _mce_style="line-height: 14.25pt;" style="line-height: 14.25pt;"><span _mce_style="font-family: 'Arial','sans-serif'; color: black; font-size: 10.5pt;" style="color: black; font-family: Arial, Helvetica, sans-serif;">Do not expect the clerk to give you legal advice - or much of any advice for that matter. They operate under strict rules that prevent them from advising you. They should be courteous to you and should answer direct questions about the process. But you should not expect them to be overly helpful. Please express appreciation and maybe even give their supervisor a positive review of your service, if the clerk goes out of their way for you.</span></div><div _mce_style="line-height: 14.25pt;" style="line-height: 14.25pt;"><span style="font-family: Arial, Helvetica, sans-serif;"><br />
</span></div><div _mce_style="line-height: 14.25pt;" style="line-height: 14.25pt;"><span _mce_style="font-family: 'Arial','sans-serif'; color: black; font-size: 10.5pt;" style="color: black; font-family: Arial, Helvetica, sans-serif;">Expect the clerk to take some of your documents and to ask you to keep others until the waiting period is over. This will vary by state. Some courts will have a data sheet they will ask you to complete while you are there filing your other documents.</span></div><div _mce_style="line-height: 14.25pt;" style="line-height: 14.25pt;"><span style="font-family: Arial, Helvetica, sans-serif;"><br />
</span></div><div _mce_style="line-height: 14.25pt;" style="line-height: 14.25pt;"><span _mce_style="font-family: 'Arial','sans-serif'; color: black; font-size: 10.5pt;" style="color: black; font-family: Arial, Helvetica, sans-serif;">You will pay a filing fee at the time of filing. This averages $150 nationally, and varies significantly by state. Filing fees are usually only accepted in the form of a check, cash or money orders. Some courts are beginning to accept credit cards.</span></div><div _mce_style="line-height: 14.25pt;" style="line-height: 14.25pt;"><span style="font-family: Arial, Helvetica, sans-serif;"><br />
</span></div><div _mce_style="line-height: 14.25pt;" style="line-height: 14.25pt;"><span _mce_style="font-family: 'Arial','sans-serif'; color: black; font-size: 10.5pt;" style="color: black; font-family: Arial, Helvetica, sans-serif;">The clerk will tell you whether the judge in your case requires a hearing to complete your divorce. If so, she/he will tell you when that will be or how you will be notified. If the Court does not require a hearing, you will be notified by mail if/when the Court finalizes your divorce.</span></div><div _mce_style="line-height: 14.25pt;" style="line-height: 14.25pt;"><span style="font-family: Arial, Helvetica, sans-serif;"><br />
</span></div><div _mce_style="line-height: 14.25pt;" style="line-height: 14.25pt;"><span _mce_style="font-family: 'Arial','sans-serif'; color: black; font-size: 10.5pt;" style="color: black; font-family: Arial, Helvetica, sans-serif;">(Nothing in this article is intended to be considered "legal advice." An online divorce site can give you the tools to complete your divorce but, there is no substitute for sound legal advice from a lawyer from your jurisdiction looking at your situation strictly from your point of view when seeking a divorce.)</span></div><div _mce_style="line-height: 14.25pt;" style="line-height: 14.25pt;"><span style="font-family: Arial, Helvetica, sans-serif;"><br />
</span></div><span style="font-family: Arial, Helvetica, sans-serif;"></span><span _mce_style="font-family: 'Arial','sans-serif'; color: black; font-size: 10.5pt;" style="color: black; font-size: 10.5pt;"></span><br />
<div _mce_style="line-height: 14.25pt;" style="line-height: 14.25pt;"><span _mce_style="font-family: 'Arial','sans-serif'; color: black; font-size: 10.5pt;" style="color: black; font-family: Arial, Helvetica, sans-serif; font-size: small;">For more information, contact </span><a _mce_href="mailto:mark.stein@OurDivorceAgreement.com" href="mailto:mark.stein@OurDivorceAgreement.com"><span _mce_style="font-family: 'Arial','sans-serif'; font-size: 10.5pt;" style="font-family: Arial, Helvetica, sans-serif; font-size: small;">mark.stein@OurDivorceAgreement.com</span></a><span _mce_style="font-family: 'Arial','sans-serif'; color: black; font-size: 10.5pt;" style="color: black; font-family: Arial, Helvetica, sans-serif; font-size: small;"> or +1 502 897 3020.</span></div>Mediator Markhttp://www.blogger.com/profile/10680583541921824263noreply@blogger.com4tag:blogger.com,1999:blog-6788043904105886916.post-29021258658700675802011-01-26T15:08:00.000-05:002011-01-26T15:08:24.073-05:00<span style="color: #783f04; font-size: large;">What does "custody" involve when one is getting an online divorce?</span><br />
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When couples confront the decision to divorce, they confront a lot of unknowns and that usually creates fear and confusion. When minor children are involved, the term "custody" is one of the first to arise.<br />
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You can find a legal definition of "custody" <a _mce_href="http://legal-dictionary.thefreedictionary.com/custody" href="http://legal-dictionary.thefreedictionary.com/custody" target="_blank" title="Custody">here</a>.<br />
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As a divorce mediator for the past twenty-five years and the creator of an online divorce site, let me describe and discuss the terms to the best of my ability.<br />
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Custody can be viewed in two aspects – physical and legal.<br />
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Physical custody relates to where the children are and when, in terms of week-to-week, weekends, holidays and special days.<br />
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Legal custody relates to decision-making and has nothing to do with where the children are. Legal custody relates to the major areas of decision-making like health, education and religion, and of lesser importance, some general welfare issues like how decisions are made regarding extra-curricular activities.<br />
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Sole means resting exclusively with one party. Primary means resting largely with one party. Joint means approximately equal or one half. Shared is a vague term that may be acceptable when the others are not.<br />
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What I suggest – as a mediator and with the use of the online divorce site, <a _mce_href="http://www.OurDivorceAgreement.com" href="http://www.ourdivorceagreement.com/">http://www.ourdivorceagreement.com/</a> – is that you complete all of the sections that relate to physical and legal custody, then take a look at the two aspects and call them what they appear to be. This cuts down on the tendancy to "grab" for the kids using the concept of custody.<br />
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You can "mix and match" these two aspects of custody in any way that works for your situation. For example, if you wish to equally share decision-making but one of you have the children more than 50% of the time, this could be considered joint legal/primary physical custody. If one will have more of the decision-making authority but you are sharing the children equally, this could be considered primary legal/joint physical custody. My point is that I urge couples to define the specific situation they want, then call it what it appears to be.<br />
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We recommend that each party consult with separate attorneys prior to signing the agreement. The attorneys can help assess what you have created to find the best term for each aspect of custody.<br />
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If you have further questions, please contact us at <a href="mailto:support@ourdivorceAgreement.com">support@ourdivorceAgreement.com</a> or +1 502 897 3020.<br />
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(Nothing in this article should be considered to be "legal advice." An online divorce site can give you the tools to complete your divorce but, there is no substitute for sound legal advice from a lawyer from your jurisdiction looking at your situation strictly from your point of view when seeking a divorce.)Mediator Markhttp://www.blogger.com/profile/10680583541921824263noreply@blogger.com1tag:blogger.com,1999:blog-6788043904105886916.post-55895673092394565402011-01-25T11:22:00.003-05:002011-01-25T11:23:03.185-05:00<span class="UIStory_Message"><span style="font-size: large;"><span style="color: #783f04;">From a recent client email:</span> </span></span><br />
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<span class="UIStory_Message">This is a fantastic product. ...I had no idea where to begin (even though we have no kids and neither of us are contesting anything). This is giving us a fast and easy way to just get this over and done with. I'm so glad I found your site! - KT</span>Mediator Markhttp://www.blogger.com/profile/10680583541921824263noreply@blogger.com0tag:blogger.com,1999:blog-6788043904105886916.post-7362275605255475652011-01-25T11:13:00.000-05:002011-01-25T11:13:16.809-05:00<div style="background-color: transparent; border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none; color: black; overflow: hidden; text-align: left; text-decoration: none;"><span style="color: #783f04; font-size: large;">Can We Use an Online Divorce Site If We Live in Different States?</span></div><div style="background-color: transparent; border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none; color: black; overflow: hidden; text-align: left; text-decoration: none;"><br />
</div><div style="background-color: transparent; border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none; color: black; overflow: hidden; text-align: left; text-decoration: none;"><div class="article_cnt"><div class="KonaBody">When using an online divorce, many people are puzzled as to where to file when they live in different states.<br />
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First, let's clear up a commonly misunderstood fact. You file in your county of the state/province of current residence, not of the marriage. (If one had to file in the state of the marriage, many divorcing couples would have to return to Las Vegas to get their divorce!)<br />
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Each state has a residency requirement and a waiting period - the time period between the date of filing and the date the divorce can become final. Waiting periods vary widely - from 18 months in New Jersey to no waiting period in New Hampshire and Nevada.<br />
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For your information and convenience, here is a link that includes the residency requirements and waiting period information for most US states:<br />
<a href="http://www.ourdivorceagreement.com/quick_ref_state_q&A.htm" jquery1295971405178="42" onclick="javascript:_gaq.push(['_trackPageview', '/outgoing/article_exit_link']);" rel="nofollow"><span style="color: #0066cc;">http://www.ourdivorceagreement.com/quick_ref_state_q&A.htm</span></a><br />
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If the waiting period is close to the same in both states, we usually suggest that the spouse who is the most motivated to get the divorce be the one who files. This will ensure that the paperwork is filed promptly and that any follow-up is done in a timely manner.<br />
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If there is any question about your ability to file, we suggest you contact the clerk of your county divorce court that you want to file in and they should be able to tell you if you meet the state's requirements.<br />
<div style="background-color: transparent; border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none; color: black; overflow: hidden; text-align: left; text-decoration: none;"><div class="article_cnt"><div class="KonaBody"><br />
With some online divorce sites, such as <a href="http://www.ourdivorceagreement.com/" jquery1295971405178="41" onclick="javascript:_gaq.push(['_trackPageview', '/outgoing/article_exit_link']);" rel="nofollow"><span style="color: #0066cc;">www.OurDivorceAgreement.com</span></a>, you can both go online at the same time to work on the site. You can work also on the documents at different times. (Check our faq once you login for details.) Or you can create a draft agreement and present it to the other spouse and once it is agreeable, one spouse can go online, print out everything, sign them and send them to the other to file.<br />
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Once you complete your paperwork, you then file them with the clerk of the divorce court in your county. You will pay filing fees to the court at that time. Filing fees vary by jurisdiction. The clerk should be able to tell you what they are for your jurisdiction. Some courts insist that you appear before a judge in a hearing and some simply allow you to file the completed forms with the clerk. Again, the clerk in your jurisdiction should be able to tell you the procedure.<br />
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If your court requires a hearing, it will be brief and usually only the one who is filing must appear. The judge will ask a few questions to make sure the wife is not now pregnant and that both of you truly agree to the terms of your divorce Agreement.<br />
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If you are not required in your court to appear before the judge, the court will send you confirmation that your divorce has been finalized.<br />
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(The information presented in this article is general and informational and is not intended and should not be intrepreted as legal advice. There is no substitute for sound legal advice specific to your exact situation and locale.)</div></div></div><br />
</div></div></div>Mediator Markhttp://www.blogger.com/profile/10680583541921824263noreply@blogger.com0tag:blogger.com,1999:blog-6788043904105886916.post-17763790572133966742011-01-05T09:14:00.001-05:002011-01-05T14:33:12.405-05:00<span style="font-family: Calibri;"><span style="color: #783f04; font-size: large;"><strong>New Year, New Beginnings: </strong></span></span><br />
<span style="font-family: Calibri;"><span style="color: #783f04; font-size: large;"><strong><span style="font-family: "Calibri", "sans-serif"; line-height: 115%; mso-ansi-language: EN-US; mso-bidi-font-family: "Times New Roman"; mso-bidi-language: AR-SA; mso-fareast-font-family: Calibri; mso-fareast-language: EN-US;">Cooperative Couples Compete for a Divorce a Week in January.</span></strong></span></span><br />
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<div class="MsoNormal" style="margin: 0in 0in 10pt;"><span style="font-family: Calibri;">With the passing of the holiday season, the New Year brings yearnings for new beginnings from couples who have put off divorce due to the long soured economy. </span></div><div class="MsoNormal" style="margin: 0in 0in 10pt;"><span style="font-family: Calibri;">Our online divorce service, OurDivorceAgreement.com - among the first, launched in 2002 – has seen a significant increase in the number of couples delaying divorce until they are poised to remarry.<span style="mso-spacerun: yes;"> </span></span></div><div class="MsoNormal" style="margin: 0in 0in 10pt;"><span style="font-family: Calibri;">To call greater attention to our cost-effective, quick, and cooperative method of divorce, OurDivorcAgreement.com is giving away one online divorce a week for the month of January to cooperative couples who share the most compelling pre-divorce story. </span></div><div class="MsoNormal" style="margin: 0in 0in 10pt;"><span style="font-family: Calibri;">Contestant couples must be in agreement to divorce and agree to the terms of the division of assets, debts and child responsibilities.<span style="mso-spacerun: yes;"> </span>They may share their story of why they are the most deserving of a free online divorce (excluding court filing fees)via Facebook, Twitter, a video on Youtube, the divorce site’s blog, or email. </span></div><div class="MsoNormal" style="margin: 0in 0in 10pt;"><span style="font-family: Calibri;">Of course, a Youtube video is likely to be a more compelling entry than a Twitter post, but we’re open to the most convincing story, no matter the medium.</span></div><div class="MsoNormal" style="margin: 0in 0in 10pt;"><span style="font-family: Calibri;">OurDivorceAgreement.com provides instant online divorce documents that are state/province-specific and serves all of the US, Canada (except Quebec), Australia, UK, India, as well as the Caribbean islands of the Bahamas, Cayman Islands and St. Lucia. Relatively cooperative couples complete online forms to immediately generate their divorce documents.<span style="mso-spacerun: yes;"> </span>The use of an online divorce site saves thousands of dollars in legal fees, as well as time and stress.</span></div><div class="MsoNormal" style="margin: 0in 0in 10pt;"><span style="font-family: Calibri;">The price for the complete divorce package from OurDivorceAgreement.com is $149 in the US, and comparable when translated into the local currency of countries outside the US. There are no additional fees for couples with children, military families or other factors.</span></div><div class="MsoNormal" style="margin: 0in 0in 10pt;"><span style="font-family: Calibri;">Winning couples will be chosen on the Saturday of each week in January and notified by email. Winners will need to agree to have their story (with the names changed to preserve anonymity) shared on our blog and other media.</span></div><div class="MsoNormal" style="margin: 0in 0in 10pt;"><span style="font-family: Calibri;">Facebook: Entries can be made on the Ourdivorceagreement.com page.<span style="color: red;"></span></span></div><div class="MsoNormal" style="margin: 0in 0in 10pt;"><span style="font-family: Calibri;">Twitter entries: <span class="screen-name"><span lang="EN" style="mso-ansi-language: EN;">@OurDivorceAgt</span></span></span></div><div class="MsoNormal" style="margin: 0in 0in 10pt;"><span class="screen-name"><span lang="EN" style="mso-ansi-language: EN;"><span style="font-family: Calibri;">Youtube entry: Create video and send link to </span><a href="mailto:support@ourdivorceagreement.com"><span style="color: blue; font-family: Calibri;">support@ourdivorceagreement.com</span></a><span style="font-family: Calibri;">.</span></span></span></div><div class="MsoNormal" style="margin: 0in 0in 10pt;"><span class="screen-name"><span lang="EN" style="mso-ansi-language: EN;"><span style="font-family: Calibri;">Blog entry: Reply to this post.</span></span></span></div><div class="MsoNormal" style="margin: 0in 0in 10pt;"><span class="screen-name"><span lang="EN" style="mso-ansi-language: EN;"><span style="font-family: Calibri;">Email entry: </span><a href="mailto:support@ourdivorceagreement.com"><span style="color: blue; font-family: Calibri;">support@ourdivorceagreement.com</span></a><span style="font-family: Calibri;">; put “Free divorce” in subject line.</span></span></span></div><span style="font-family: Calibri;">Further questions about the contest can be posted here as a comment below. Good luck!</span>Mediator Markhttp://www.blogger.com/profile/10680583541921824263noreply@blogger.com2tag:blogger.com,1999:blog-6788043904105886916.post-33543985327317564492010-12-30T09:30:00.001-05:002010-12-30T09:31:33.819-05:00<div style="line-height: 14.25pt;"><span style="color: black; font-family: "Arial", "sans-serif";"><strong><span style="color: #783f04;">Do we have to involve lawyers in our do-it-yourself online or mediated divorce?</span></strong></span></div><div style="line-height: 14.25pt;"><br />
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<div style="line-height: 14.25pt;"><span style="color: black; font-family: "Arial", "sans-serif"; font-size: 10.5pt;">Many online divorce services promote their use as a total alternative to legal advice and services.<span style="mso-spacerun: yes;"> </span>In this article, we would like to weigh in on the question of whether a "pro se" (unrepresented by counsel) divorcing couple should employ the services of a lawyer and if so, for what purposes.</span></div><div style="line-height: 14.25pt;"><br />
</div><div style="line-height: 14.25pt;"><span style="color: black; font-family: "Arial", "sans-serif"; font-size: 10.5pt;">In the promotional materials for many online divorce sites, you will see postings such as "avoid dealing with lawyers," "avoid all attorney fees," etc. An online divorce such as from OurDivorceAgreement.com can and will save hundreds or thousands of dollars in attorney fees. However, we recommend that divorcing couples using any online divorce product or using a mediator utilize a family lawyer for one important service - reviewing your Agreement prior to signing and submitting it to the Court.</span></div><div style="line-height: 14.25pt;"><br />
</div><div style="line-height: 14.25pt;"><span style="color: black; font-family: "Arial", "sans-serif"; font-size: 10.5pt;">We urge that an online divorce or mediated divorce is superior to a lawyer represented divorce in the following ways:</span></div><div style="line-height: 14.25pt;"><br />
</div><div style="line-height: 14.25pt;"><span style="color: black; font-family: "Arial", "sans-serif"; font-size: 10.5pt;">1) It is faster. Divorces with lawyers representing both or one side take months or years. Online or mediated divorces </span></div><div style="line-height: 14.25pt;"><br />
</div><div style="line-height: 14.25pt;"><span style="color: black; font-family: "Arial", "sans-serif"; font-size: 10.5pt;">2) It is far less expensive. Depending on the location, legal fees for divorce range from $150-$500 per hour for each party. And the goal of the representing lawyer is not always to get the couple divorced for the lowest price. Online divorces range from $150-$350 plus filing fees. Even if a couple uses a mediator for part or all of their divorce, the mediator fee is usually split or shared by the parties, reducing the cost by at least half in most instances.</span></div><div style="line-height: 14.25pt;"><br />
</div><div style="line-height: 14.25pt;"><span style="color: black; font-family: "Arial", "sans-serif"; font-size: 10.5pt;">3) It is cooperative. The goal of an online or mediated divorce is to reach a mutually agreeable outcome as quickly and as inexpensively as possible. This encourages cooperation and mutually beneficial outcomes.</span></div><div style="line-height: 14.25pt;"><br />
</div><div style="line-height: 14.25pt;"><span style="color: black; font-family: "Arial", "sans-serif"; font-size: 10.5pt;">4) It keeps control of the process with the divorcing couple themselves. With a litigated divorce, if the parties cannot reach agreement between the lawyers and themselves, a judge makes the decisions, taking control over the outcome away from the parties. In litigation or a lawyer represented divorce, there is also some lack of control for the couple because the lawyers do a significant amount of negotiating between themselves. So communication with the clients about every issue is often absent.</span></div><div style="line-height: 14.25pt;"><br />
</div><div style="line-height: 14.25pt;"><span style="color: black; font-family: "Arial", "sans-serif"; font-size: 10.5pt;">If a divorce situation is highly conflictual, if there is mental or physical abuse, if one party is extremely clueless unfamiliar with their rights and financial issues, a litigated divorce may be necessary and desirable to bring about a reasonable and fair balance of power. </span></div><div style="line-height: 14.25pt;"><br />
</div><div style="line-height: 14.25pt;"><span style="color: black; font-family: "Arial", "sans-serif"; font-size: 10.5pt;">However, for the relatively cooperative divorcing couple who wishes to fully participate in their divorce and has the information and ability to do so, an online or mediated divorce will save money, time, headaches and stress.</span></div><div style="line-height: 14.25pt;"><br />
</div><div style="line-height: 14.25pt;"><span style="color: black; font-family: "Arial", "sans-serif"; font-size: 10.5pt;">We do however see a role for attorneys in even the most cooperative situations. We recommend that when a couple using an online divorce product or a mediator reaches a tentative agreement, they take a draft of the Property Settlement Agreement And Child Care Plan (if they have minor children together) to separate family law attorneys for a one hour review.</span></div><div style="line-height: 14.25pt;"><br />
</div><div style="line-height: 14.25pt;"><span style="color: black; font-family: "Arial", "sans-serif"; font-size: 10.5pt;">This ensures that each party has someone with knowledge in family law from the local area look at the draft Agreement with their eye out only for the party they represent. The advising attorney can call attention to areas in which the party may be being too generous. The party can be aware of this and still decide to go through with the item, but at least they are informed about the fact that they may not be required to be so generous if a judge were making the decision.</span></div><div style="line-height: 14.25pt;"><br />
<span style="color: black; font-family: "Arial", "sans-serif"; font-size: 10.5pt;">Sometimes, a reviewing attorney can make a suggestion that benefits both parties but is an option that both have overlooked. </span></div><div style="line-height: 14.25pt;"><br />
</div><div style="line-height: 14.25pt;"><span style="color: black; font-family: "Arial", "sans-serif"; font-size: 10.5pt;">Be careful in choosing an attorney to review your draft divorce agreement. When you call the office, tell the scheduling secretary that you have been through mediation (even if you have done an online divorce, it is a form of self-guided divorce mediation) and that you would like to hire the lawyer for the limited role of reviewing your draft Agreement. Set a limit of the amount of time you are willing to pay for. One to two hours should be sufficient for almost all divorces. One hour for most. Be clear that you plan to file the divorce yourself and that you do not wish to engage the lawyer for any other services at this time.</span></div><div style="line-height: 14.25pt;"><br />
</div><div style="line-height: 14.25pt;"><span style="color: black; font-family: "Arial", "sans-serif"; font-size: 10.5pt;">Some lawyers will refuse to serve in this limited capacity. Their refusal is probably a blessing for you because such and attorney could be likely to steer you in a more conflictual direction. </span></div><div style="line-height: 14.25pt;"><br />
<span style="color: black; font-family: "Arial", "sans-serif"; font-size: 10.5pt;">In any event, make sure you realize that you are the client and the one paying for services. Be sure you get the service you want, in this case someone giving you informed and unbiased legal advice regarding the Agreement you wish to enter into.</span></div><div style="line-height: 14.25pt;"><br />
</div><div style="line-height: 14.25pt;"><span style="color: black; font-family: "Arial", "sans-serif"; font-size: 10.5pt;">Once you have gotten the attorney review, you are ready to file your Agreement and other filing documents with the Court.</span></div><div style="line-height: 14.25pt;"><br />
</div><div style="line-height: 14.25pt;"><span style="color: black; font-family: "Arial", "sans-serif"; font-size: 10.5pt;">If you have gotten a legal review of your divorce agreement and the lawyer has not raised any significant objections that you agree with, you can be more certain that you have made a good decision for yourself, your future ex-spouse and your family.</span></div>Mediator Markhttp://www.blogger.com/profile/10680583541921824263noreply@blogger.com0tag:blogger.com,1999:blog-6788043904105886916.post-24456411323183714112010-12-29T11:17:00.002-05:002010-12-29T11:19:04.997-05:00<span style="color: black; font-family: "Arial", "sans-serif";"><span style="color: black; font-family: "Arial", "sans-serif"; line-height: 115%; mso-ansi-language: EN-US; mso-bidi-language: AR-SA; mso-fareast-font-family: Calibri; mso-fareast-language: EN-US; mso-fareast-theme-font: minor-latin;"></span></span><br />
<div style="line-height: 14.25pt;"><div style="line-height: 14.25pt;"><span style="color: black; font-family: "Arial", "sans-serif";"><strong><span style="color: #783f04;">Do we have to list our assets and debts and outline our child care terms if we agree on everything for our divorce?</span></strong></span></div><br />
</div><div style="line-height: 14.25pt;"><span style="color: black; font-family: "Arial", "sans-serif"; font-size: 10.5pt;"><span style="color: black; font-family: "Arial", "sans-serif"; font-size: 10.5pt; line-height: 115%; mso-ansi-language: EN-US; mso-bidi-language: AR-SA; mso-fareast-font-family: Calibri; mso-fareast-language: EN-US; mso-fareast-theme-font: minor-latin;">A common assumption of divorcing couples is that if they agree on everything involved with their divorce they need not list their division of assets, debts and child issues. This assumption often leads to post-divorce conflict that does not give the judge any information with which to rule. This article discusses this dangerous assumption and gives reasons why divorcing couples should carefully and thoroughly list their assets and debts and create a detailed child care plan.</span></span></div><div style="line-height: 14.25pt;"><br />
</div><div style="line-height: 14.25pt;"><span style="color: black; font-family: "Arial", "sans-serif"; font-size: 10.5pt;"><span style="color: black; font-family: "Arial", "sans-serif"; font-size: 10.5pt; line-height: 115%; mso-ansi-language: EN-US; mso-bidi-language: AR-SA; mso-fareast-font-family: Calibri; mso-fareast-language: EN-US; mso-fareast-theme-font: minor-latin;"></span>Online divorce sites, such as OurDivorceAgreement.com, guide you to list your assets/debts, even if you have already physically divided them or agree on their division. Let us give you the down side of doing not doing so. </span></div><div style="line-height: 14.25pt;"><br />
</div><div style="line-height: 14.25pt;"><span style="color: black; font-family: "Arial", "sans-serif"; font-size: 10.5pt;">You know how you want to divide things but the judge in your case does not. How does the judge know how marital assets are to be divided unless you tell him/her. If you don't specify things and there is a dispute down the road about something, how does the court decide whose it is unless you have spelled it out in your Agreement.</span></div><div style="line-height: 14.25pt;"><br />
</div><div style="line-height: 14.25pt;"><span style="color: black; font-family: "Arial", "sans-serif"; font-size: 10.5pt;">Same is true with child issues, if you have minor children together. Even if you agree on everything regarding the children now, this may not continue down the road (especially true if/when new significant others enter the picture). If you have nothing detailed regarding the care of your children, how can you assert your rights if the other spouse is no longer cooperating with your informal "agreement?" The judge has nothing to enforce.</span></div><div style="line-height: 14.25pt;"><br />
</div><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgAGR8hBTK20fTiqsUrMf0ZWmS_Q8gVZNwipS1fGt-roxEe2otxOHN_lNr7BqO1fRy-T1rzuEnDEPmu2Kp4HljyAuoL9M8GdWiwMud0AbHMgbGUlDNM9AI0v-2E-8-2X0UPzsZK6y0cOP0a/s1600/bigstock_Relationship_Problem_-_A_Coup_6634829.jpg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" height="213" n4="true" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgAGR8hBTK20fTiqsUrMf0ZWmS_Q8gVZNwipS1fGt-roxEe2otxOHN_lNr7BqO1fRy-T1rzuEnDEPmu2Kp4HljyAuoL9M8GdWiwMud0AbHMgbGUlDNM9AI0v-2E-8-2X0UPzsZK6y0cOP0a/s320/bigstock_Relationship_Problem_-_A_Coup_6634829.jpg" width="320" /></a></div><div style="line-height: 14.25pt;"><br />
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</div><div style="line-height: 14.25pt;"><span style="color: black; font-family: "Arial", "sans-serif"; font-size: 10.5pt;">As an example, let's say there is an aluminum fishing boat that the husband bought during the marriage that he is storing at Uncle Bob's, but they forget about it during the divorce negotiations. If the item is not mentioned in the divorce, but the wife remembers it after the divorce is final and says, "Hey, I want half of the value of that boat or I want more in value of the stuff we divided," the couple is in a pickle because the boat is not mentioned in the divorce Agreement or decree. How would something like that have to be settled? Probably by litigation that could well exceed the value of the boat. </span></div><div style="line-height: 14.25pt;"><br />
</div><div style="line-height: 14.25pt;"><span style="color: black; font-family: "Arial", "sans-serif"; font-size: 10.5pt;">The default assumption in a divorce is that all marital assets and debts are split equally. Whether you or your spouse "have" an asset is not the issue. Each of you have a claim to 50% of the total. To keep disagreements from arising down the road, the safest thing is to spend a few minutes telling the court exactly who is taking what. That way, there is no question later on. </span></div><div style="line-height: 14.25pt;"><br />
</div><div style="line-height: 14.25pt;"><span style="color: black; font-family: "Arial", "sans-serif"; font-size: 10.5pt;">One more example...We had a couple who did not want to list household furnishings. He had possession of the big screen TV. Later on, she decided that she wanted it. Whose is it if they didn't specify who is getting it in the divorce. </span></div><div style="line-height: 14.25pt;"><br />
</div><div style="line-height: 14.25pt;"><span style="color: black; font-family: "Arial", "sans-serif"; font-size: 10.5pt;">Finally, the court may not accept your divorce agreement if you do not list and divide your assets and debts. Remember, the court assumes that everything accumulated during the marriage belongs to both. Just because it is sitting in an account with your name on it, doesn't mean it's yours when you're married. Please check this out with your attorney when you have them review your document.</span></div><div style="line-height: 14.25pt;"><br />
</div><div style="line-height: 14.25pt;"><span style="color: black; font-family: "Arial", "sans-serif"; font-size: 10.5pt;">Our site gives a quick way to list the assets/debts in simple web forms set up by category. If you don't have an item in a category (i.e. securities, etc.) you simply check a box that says "we have no securities" and then our site automatically merges your data into an Agreement acceptable by the Court. So if you take a few minutes with our site, it could save you months and thousands of dollars down the road. With your property situation, it shouldn't take long. We then link you to the state-specific forms needed to divorce. </span></div><div style="line-height: 14.25pt;"><br />
</div><div style="line-height: 14.25pt;"><span style="color: black; font-family: "Arial", "sans-serif"; font-size: 10.5pt;">Most states require a financial disclosure statement from husband and wife, which is a sworn statement of your assets and liabilities. This is taken so one spouse does not hide assets of the marriage. There is then a penalty for not disclosing assets.</span></div><div style="line-height: 14.25pt;"><br />
</div><div style="line-height: 14.25pt;"><span style="color: black; font-family: "Arial", "sans-serif"; font-size: 10.5pt;">Some states may waive this requirement in certain circumstances such as not having minor children together. We can only recommend that you do certain things based on our experience. If you definitely do not wish to do this section, contact the clerk of the divorce court in your jurisdiction and see if they require "financial disclosure statements" for divorcing couples in your circumstances. If they do not, you may do as you wish.</span></div><div style="line-height: 14.25pt;"><br />
</div><div style="line-height: 14.25pt;"><span style="color: black; font-family: "Arial", "sans-serif"; font-size: 10.5pt;">For more information, contact <a href="mailto:mark.stein@ourdivorceagreement.com"><span style="color: blue;">mark.stein@ourdivorceagreement.com</span></a> or +1 502 897 3020.</span></div><div style="line-height: 14.25pt;"><br />
</div><div style="line-height: 14.25pt;"><span _mce_style="font-family: 'Arial','sans-serif'; color: black; font-size: 10.5pt;"><span style="color: black; font-family: "Arial", "sans-serif"; font-size: 10.5pt;">(Nothing in this article should be considered to be "legal advice." An online divorce site can give you the tools to complete your divorce but, there is no substitute for sound legal advice from a lawyer from your jurisdiction looking at your situation strictly from your point of view when seeking a divorce.)</span></span></div>Mediator Markhttp://www.blogger.com/profile/10680583541921824263noreply@blogger.com3tag:blogger.com,1999:blog-6788043904105886916.post-85205729988754630932010-12-28T08:57:00.001-05:002010-12-28T08:58:32.711-05:00<span style="color: black; font-family: "Arial", "sans-serif"; line-height: 115%; mso-ansi-language: EN-US; mso-bidi-language: AR-SA; mso-fareast-font-family: Calibri; mso-fareast-language: EN-US; mso-fareast-theme-font: minor-latin;"><span style="color: #783f04; font-size: large;">What is the basic divorce process for states in the US?</span></span><br />
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The steps of the divorce process when one uses an online divorce site such as OurDivorceAgreement.com are dramatically simplified compared to what one would go through when engaging lawyers to handle the entire process, because many of the extraneous and conflict-riddled steps are avoided.<br />
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The first consideration for a couple seeking divorce is where to file. One files in the county/state of residence, not of the marriage. There are residency requirements and waiting periods involved with all states/provinces. <a _mce_href="http://www.ourdivorceagreement.com/quick_ref_state_q&A.htm" href="http://www.ourdivorceagreement.com/quick_ref_state_q&A.htm" target="_blank" title="Residency requirements and waiting periods">Here</a> is a link to this information for all US states. Waiting periods vary widely, so you will want to find the state that has the shortest waiting period if you have the choice of two different states.<br />
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If the waiting periods are equal, we recommend that the person wanting the divorce the most be the one who files in his/her state of residence since this spouse will be the most motivated to see the process through to a brisk conclusion.<br />
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Once the couple has decided where to file, they can choose an online divorce site. Considerations for this decision should include how long it takes to complete the site, how long it takes to get the completed documents, price and service. OurDivorceAgreement.com compares favorably in all of these respects, but I urge you to research the field thoroughly to make the best decision.<br />
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Complete the documents on the online divorce site. The <a _mce_href="http://www.articlesbase.com/internet-law-articles/what-are-the-basic-elements-of-a-divorce-from-an-online-divorce-site-3925934.html" href="http://www.articlesbase.com/internet-law-articles/what-are-the-basic-elements-of-a-divorce-from-an-online-divorce-site-3925934.html" target="_blank" title="Essential elements of any divorce">essential elements of any divorce </a>are summarized in a previous article.<br />
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One often misunderstood detail regarding listing your assets and debts is that many couples believe that if they agree on the division of property or their child rights and responsibilities, then they do not need to detail these items in their Property Settlement Agreement and Child Care Plan (if they have minor children.)<br />
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We'll give more detail regarding this common misconception in a future article, but this misconception needs to be thoroughly debunked. Generally, anything that was accumulated during the marriage and all child care decisions need to be included in the Agreement. Otherwise, if there were to be a dispute after the divorce, the Court would have no record of the item(s) in question.<br />
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<div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhTb-KuYcSA0Ewu1Ra7jnjqXRRROaEU1p0Qg9LlA9XdoC5xQ8ZgHi9ZqPH7xXBSpvoP3YdDHmHY9J8i_dOT3i9Us5yhslwyyE9A-NixJBF6X7GSM3BYhyphenhyphenvSDHsot5nk2TQdQyvEaeBeUlYC/s1600/bigstock_Businessman_Overwhelmed_By_Pap_5040792.jpg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" height="213" n4="true" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhTb-KuYcSA0Ewu1Ra7jnjqXRRROaEU1p0Qg9LlA9XdoC5xQ8ZgHi9ZqPH7xXBSpvoP3YdDHmHY9J8i_dOT3i9Us5yhslwyyE9A-NixJBF6X7GSM3BYhyphenhyphenvSDHsot5nk2TQdQyvEaeBeUlYC/s320/bigstock_Businessman_Overwhelmed_By_Pap_5040792.jpg" width="320" /></a></div><br />
Once the divorce documents are completed, they should be signed and notarized (if they call for a notary signature.) Usually, your local bank will notarize documents at no charge if you are a bank customer.<br />
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We recommend that each spouse using an online divorce site have separate attorneys review their Agreement to make sure it is in each person's best interest. We believe this is cheap "insurance" to make sure what you are about to sign is truly in your best interest. Many attorneys will be happy to provide an hour or so of pure legal advice if requested. When seeking this service, be sure you clearly state that you have been through mediation (online divorce is a form of self-guided mediation) and that you would like to engage the attorney strictly for the purpose of reviewing your Agreement prior to filing. Make it clear that you have the filing documents and that you are not asking him or her to represent outside of this limited function. We are not aware of this being a legal requirement in any state but we urge you to do so to protect yourself in what may be one of the largest financial transactions of your life. We will speak to this issue in greater detail in a future article.<br />
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Once you have signed the Agreement and have gotten a legal review (if you chose to do so), you are now ready to file your divorce papers. We recommend that you take 2-3 copies of all documents to the clerk's office of the divorce court in your county. This court is named differently by state, but if you go into any county courthouse and ask for the court that handles divorces, you will be directed to the correct one.<br />
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We recommend that you DO NOT take your documents to be filed first thing on Monday mornings, right before lunch or closing time in the afternoons - especially late on Friday afternoons or late afternoon the day before a holiday. Court clerks are human and they are usually overworked, underpaid and underappreciated. Choosing the ideal time can go a long way towards making your filing experience more pleasant and smooth. Be cordial but firm with the clerk. Act like you own the place (because you do! ;). Your tax money and filing fees keep the office open and operating.<br />
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Do not expect the clerk to give you legal advice - or much of any advice for that matter. They operate under strict rules that prevent them from advising you. They should be courteous to you and should answer direct questions about the process. But you should not expect them to be overly helpful. Please express appreciation and maybe even give their supervisor a positive review of your service, if the clerk goes out of their way for you.<br />
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Expect the clerk to take some of your documents and to ask you to keep others until the waiting period is over. This will vary by state. Some courts will have a data sheet they will ask you to complete while you are there filing your other documents.<br />
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You will pay a filing fee at the time of filing. This averages $150 nationally, and varies significantly by state. Filing fees are usually only accepted in the form of a check, cash or money orders. Some courts are beginning to accept credit cards.<br />
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The clerk will tell you whether the judge in your case requires a hearing to complete your divorce. If so, she/he will tell you when that will be or how you will be notified. If the Court does not require a hearing, you will be notified by mail if/when the Court finalizes your divorce.<br />
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There are other steps and considerations of course, but we have outlined the major steps of the divorce process when using an online divorce site such as OurDivorceAgreement.com. <br />
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For more information, contact <a href="mailto:mark.stein@OurDivorceAgreement.com">mark.stein@OurDivorceAgreement.com</a> or +1 502 897 3020.<br />
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(Nothing in this article is intended to be considered "legal advice." An online divorce site can give you the tools to complete your divorce but, there is no substitute for sound legal advice from a lawyer from your jurisdiction looking at your situation strictly from your point of view when seeking a divorce.)Mediator Markhttp://www.blogger.com/profile/10680583541921824263noreply@blogger.com0tag:blogger.com,1999:blog-6788043904105886916.post-44808503763509557472010-12-27T15:08:00.000-05:002010-12-27T15:08:23.241-05:00<span style="font-family: "Calibri", "sans-serif"; line-height: 115%; mso-ansi-language: EN-US; mso-ascii-theme-font: minor-latin; mso-bidi-font-family: "Times New Roman"; mso-bidi-language: AR-SA; mso-bidi-theme-font: minor-bidi; mso-fareast-font-family: Calibri; mso-fareast-language: EN-US; mso-fareast-theme-font: minor-latin; mso-hansi-theme-font: minor-latin;"><span style="color: #783f04; font-size: large;"><strong>What are the basic elements of a divorce?</strong></span></span><br />
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(In this article, we will cover the basic elements of any divorce, including when using an online divorce product such as OurDivorceAgreement.com.)<br />
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No matter how one goes about the divorce process, there are three basic elements that make up any divorce:<br />
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1) A <em>property settlement agreement (and child care plan</em>, if minor children are present) is the core of any divorce. In this document, you tell the judge who is getting what from the marriage and how you plan to share the care and responsibilities of your minor children (if you have them.)<br />
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In an online divorce product such as OurDivorceAgreement.com, you enter your property and child information in a series of online forms. That information is transferred to your Property Settlement Agreement and Child Care Plan. <br />
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Other common names for this document include divorce agreement and separation agreement.<br />
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2) The second major component of any divorce is the <em>financial disclosure docume</em>nt. The purpose of financial disclosure documents is to tell the Court what the two of you have in the way of assets and debts and to disclose your income and expenses. Both parties complete financial disclosure documents and sign and notarize them. This represents your sworn statement to the court that the information you disclose is complete and accurate.<br />
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One of the main reasons a Court requires financial disclosure documents is to make sure the parties are completely and accurately disclosing their asset and debt information to each other and to the Court. If a person misrepresents or fails to disclose something to the Court in the financial disclosure documents, penalties could be imposed.<br />
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In an online divorce product such as OurDivorceAgreement.com, you enter your combined assets and debts in your financial forms and your income and expenses in the budget form. This data is automatically transferred to your financial disclosure documents to be printed, signed, notarized and filed.<br />
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3) The final major element of any divorce is the <em>filing forms</em>. The filing forms are state/province specific in the US and Canada. In Australia, there are two sets of filing forms - one for Western Australia and another for the rest of the country. Other countries vary as to whether they have a state system of divorce filing or a national one.<br />
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In an online divorce site, such as OurDivorceAgreement.com, a system is in place to minimize the number of entries needed to complete the filing forms. <br />
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A divorcing couple signs all of the documents from the online divorce site and submits them to the divorce court in their jurisdiction. In most cases this will be the divorce court within the county of residence. <br />
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In the next installment in this series, we will cover the major steps involved in getting a divorce. <br />
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For questions, contact the author at <a href="mailto:mark.stein@OurDivorceAgreement.com">mark.stein@OurDivorceAgreement.com</a> or +1 502 897 3020.<br />
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(Nothing in this article is intended to be considered "legal advice." An online divorce site can give you the tools to complete your divorce but, there is no substitute for sound legal advice from a lawyer from your jurisdiction looking at your situation strictly from your point of view when seeking a divorce.)Mediator Markhttp://www.blogger.com/profile/10680583541921824263noreply@blogger.com0tag:blogger.com,1999:blog-6788043904105886916.post-7318970388475271042010-11-27T11:11:00.000-05:002010-11-27T11:11:18.986-05:00<span style="color: #783f04; font-size: large;">What if I can't locate my husband/wife to divorce?</span><br />
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In these tough economic times, many people put off seeking a divorce until they absolutely need to do it. Many wait until they are ready to remarry to begin the process. Sometimes years have gone by and the soon-to be ex-spouse is nowhere to be found.<br />
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One often overlooked step is to attempt to locate the missing spouse through their relatives or mutual friends. Although one will eventually be able to secure a divorce with a missing spouse (we'll outline the process below), our first recommendation is to do everything possible to locate him or her as the divorce process will always be easier if the spouse can be located and persuaded to cooperate. <br />
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Through web searches or by digging into Facebook, one can often uncover relatives or mutual friends who may have contact or at least contact information for the missing spouse.<br />
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If you can locate your missing spouse and convince them to cooperate to get a divorce, you can use an online uncontested divorce site such as <a href="http://www.ourdivorceagreement.com/">http://www.ourdivorceagreement.com/</a>. <br />
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If you cannot locate your spouse through relatives or mutual friends, you will almost certainly be able to get a divorce.<br />
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Each state/province has different procedures concerning how to proceed if you cannot locate the other spouse. To find out how in your state/province, contact the clerk of your divorce court in your county. Some US court websites are listed at <a href="http://www.ncsconline.org/D_KIS/info_court_web_sites.html">http://www.ncsconline.org/D_KIS/info_court_web_sites.html</a>. See if your court is listed there or look them up in on the web. You can search for the name of your county, state or province and the words "divorce court."<br />
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Ask the clerk of the divorce court in your county what the procedure is for attempting to notify a missing spouse that a divorce is pending. The procedure usually is placing a classified ad in the local newspaper of the city in which the missing spouse was last known to be.<br />
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Some counties require multiple ads over a period of time. Again, the clerk will be able to tell you the procedure for your county. The reason for this process is that as a society we believe that everyone deserves our best efforts to notify them if a divorce is pending. We would all want to have every reasonable effort tried before being divorced without our knowledge and consent.<br />
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Once you have complied with the notification requirements of your Court, you should be able to use the paperwork from an online divorce site such as OurDivorceAgreement.com to complete your paperwork. You should enter all of your property and and debts into the Property Settlement Agreement and assign them to yourself. If you have minor children, you would propose a plan that works for your situation (in that your spouse is not in the picture and obviously not involved with the children). <br />
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You will use your documents to file for a default judgement, in that your are asking the Court to grant your divorce according to your wishes only because you have attempted to notify your spouse but have been unable to do so.<br />
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After a mandatory waiting period, the court should grant your divorce according to your wishes or with modifications acceptable to the court.<br />
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If you have further questions, you may contact the author at <a href="mailto:mark.stein@OurDivorceAgreement.com">mark.stein@OurDivorceAgreement.com</a> or 502.897.3020.<br />
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(The information presented in this article is general and informational and is not intended and should not be intrepreted as legal advice. There is no substitute for sound legal advice specific to your exact situation.)Mediator Markhttp://www.blogger.com/profile/10680583541921824263noreply@blogger.com0