Sunday, 19 August 2012

How To Deal With Child Custody Issues

Divorce makes people weak, and they start worrying about everything in their life. Sometimes, the tensions are so high that they are unable to live life properly. One of the major tension that most of the couples have during divorce is the child custody issue. Child custody is mostly decided by the couples before the divorce so that the process of divorce becomes short, and they don't have to fight for their rights. Many a times, couples agree to the terms and conditions set by the other partner during a divorce settlement, but there are times when they don't agree to the terms and conditions. When the couples do not agree to the terms and conditions, the case becomes ugly and partners fight over each and every small thing involved in divorce. Some of the points that the couples should keep in mind during divorce that will help them in dealing with the child custody issues are stated below:
  • Child custody is given to the partner who is worthy enough to take care of the child. It should be kept in mind that the judge will take the right decision so as to secure the future of the child. Thinking too much about who will get the child custody won't help you get it, and that is why you should calm down and wait for the final verdict
  • Try to get a joint custody. Joint custody is a situation where both the parties comes to a mutual agreement about the custody issue. By agreeing to each others terms and conditions, a lot of things can be sorted out, and the process can be shortened. The fights won't take place, and the custody will go to the person who actually deserves it
  • In case you don't get the child custody, don't loose heart. Things does not always work like we want them to be, and so it is better to stay calm and think that whatever happened was for the betterment of the child. Child support amount is given by the non-custodial parent to the other, to take care of the child and groom him to become a good citizen of the society.

The information given above is true to the best of our knowledge. Spouses will get to know a few pointers on child custody, and how to deal with it.

Sunday, 29 July 2012

Divorce without Lawyer

Taking divorce was never easy and the whooping prices that the lawyers charge to fight the case, makes it all the more difficult for the couples to take a divorce. In Texas, the fees of the lawyers is sky high and that is why the couples try to take divorce without a lawyer. Various rules and regulations are set in this regard by the government; the couple should make sure that they follow all those rules in order to get a hassle free divorce. Taking divorce without a lawyer is all the more tough as the person has to take care that he is following all the rules and regulations that the government has set regarding divorce. He should have in depth knowledge of all the formalities that both the partners have to complete so that no legal problems arise later on. Some of the major things that the couple has to keep in mind while taking a divorce without a lawyer are given below:

  • Discuss all the relevant points that can prove to be a matter of concern between the two while taking a divorce so that the terms and conditions can be set on a separation agreement. Both the partners should be in favor of the terms set.
  • One needs to buy a divorce kit that is available on-line so as to start the process of divorce. This kit contains the documents such as instructional papers and divorce forms. All these forms should be filled by the two so as to take divorce. These sites provide all the required help for the person to go through the process of divorce without a lawyer.
  • The partner fighting the case should have in depth knowledge about the rules and regulations that are to be followed while taking divorce. In case the methods he/ she uses are not authentic, the case would not be considered valid.
  • The reason behind taking divorce should be mentioned in the form. It should be made clear whether the divorce is a “no-fault divorce” or a “fault divorce”. In case the ground for taking divorce is fault based, all those faults should be mentioned in the documents so that it becomes easier for the judge to give the verdict.

Divorce without a lawyer can be a bit tough as the couples should have adequate knowledge about the laws regarding divorce prevailing in their state. The process can be easy if you know all the details of filing a divorce and the procedure that is followed by the court.

Tuesday, 17 July 2012

How Does Divorce Mediation Work?

A couple getting married would always wish that their union would last for a life time, but sometimes things do not work out. At a point of time, the couple needs to make the most painful decision of their life and move apart. When the divorce is through mutual understanding the couple opt for uncontested divorce and when the couple have some difference regarding the legal issues related to divorce, then they opt for contested divorce. Mediation is a process in which the divorcing couples are helped by a mediator to work out problems related to marital issues, disagreements related to legal issues, and other problems.
Mediation process is given importance in Texas, hence almost 95 percent of the divorces in the state are uncontested. A mediator is a person who has received formal training from a recognized institute and has good knowledge about divorce laws, tax, budgeting.

Divorce mediation steps

  • The divorcing couple either opt for mediation or the court orders them to attend mediation
  • The couple first need to attend the orientation session where the mediator explains them details about the mediation process and rules
  • The couple need to attend 3 to 9 session of mediation to resolve issues related to divorce
  • All the legal matter such as child custody, child support, visitation rights, alimony, property division, and debt division are sorted out
  • Once all the decision related major issues have been made the mediator notes them down in a documents known as Rule 11 Agreement
  • This document is submitted to the respective lawyers, who forward them in court for signature

When the grounds of divorce are harassment or torture, then one should not opt for mediation. Mediation helps to reduce divorce cost and save the couple from attending trials. 

Monday, 2 July 2012

Divorce Grounds in Texas

Every state in United States of America has their defined set of grounds for divorce. However when you are applying for divorce you need to make sure that you have enough proof to support your ground for divorce. You need to prove to it to the court that your marital situation has gone beyond the stage of repair and only divorce is the way out. There are 7 defined divorce grounds in Texas and Insupportability tops the list as a ground for the highest number of divorce cases. Other than Insupportability other divorce grounds are abandonment, adultery, convection of a felony, living separate for three years and mental illness.
Given below are the grounds explained in detail:

  • Insupportability- The highest number of divorce cases in Texas were filled on the ground of insupportability. If a married couple feels that they have drifted away in their own lives and there is nothing left to give in the marriage and it is better to part ways than to drag a dead marriage. The divorce cases based on the ground of Insupportability are mostly no fault divorce.

  • Abandonment: A marriage is ultimately broken if one of the partners has deserted the other one and is living a separate live. In this scenario a divorce can be filled.

  • Adultery: One of the most common reasons behind divorce around the globe is adultery. It does not matter who did it or why did it, it brings along a lot of agony and disgust to the family. The feeling of distrust can destroy the foundation of any marriage. However with the increasing cases of celebrities getting involved in it, the tolerance level of infidelity has gone higher.

  • Conviction: If any of the married partners is convicted for any crime and is given prison sentence, then a divorce case can be filled on this ground.

  • Living separate for three years: If a married couple is living separate and are leading different lives for three years or more then a divorce can be asked for on this ground. Divorce cases on this case are mostly no fault divorce.

  • Mental illness: If a person is mentally ill and needs medical treatment, then it is impossible for that person to take care of the family. On this ground divorce can be asked. The court grants divorce on this ground.

  • Cruelty: Any kind of domestic violence is a straight ground for divorce. Domestic violence includes verbal abuse, emotional abuse and physical abuse. Divorce petition can be filled on this reason as it is one of the strongest ground for divorce. 

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Thursday, 28 June 2012

Effect of Adultery on Texas Divorce

Divorce taken anywhere is the world would be tough and painful but when couples do not respect the relationship and play with the emotions of the partner, divorce is the only solution left with the partners. Adultery is one of the major grounds for people to part ways from each other. In Texas adultery is not considered as a big offense and the person is neither sent to the jail nor is he/she asked to pay a fine. However, according to the laws prevailing in Texas, one can easily obtain a divorce on the grounds of adultery in the state of Texas. Adultery in a Texas divorce plays a major role as it enables the person in getting divorce easily and without any hassle. 

There are other ways of obtaining divorce in Texas but in case of adultery, divorce is granted easily and it is a fast process as well. Adultery can be proved by showing proofs that one of the partners was having a relationship with someone outside the relationship. This can also be termed as having physical intimacy with someone outside the boundaries of a legal relationship. In order to get a divorce under the grounds of adultery, it is necessary to file a divorce within six months of adultery. If documents are not filled within six months, no further action can be taken against it. This clause is for those couples who continue to stay together after the act of adultery done by one of the spouses.

The divorce law of adultery in Texas states that to get divorce on the grounds of adultery, it is necessary to provide as much proofs and evidences as possible regarding it. Dates, places and things play a major role in getting the things sorted out in the best possible way as the court only believes evidences. Although it is not necessary to mention the name of the person with whom the adulterous act took place but the evidences should be true and accurate. The person who does the act of adultery cannot apply for divorce himself as he is at fault in this case.

Effects of adultery in a Texas divorce is that it enables the person to free himself of a painful relationship. If the evidences are authentic, divorce can be done at a fast pace and can be easily obtained. Spouses can also file a case of misbehaviour against the spouse who has committed a big crime. After the evidences are submitted in the court, it is the duty of the judge to decide whether the evidences are true or false and whether divorce should be given or not. The custody of the child is also given to the person who has not committed any mistake. The court asks the financially stronger partner to provide the other spouse with child custody and spousal care amount so that they can live their life comfortably. The amount should be provided until the child becomes independent. Spousal care amount is to be provided till the time the custodial spouse is able to earn a living for herself and take care of the child.