Divorce Law

Items Of Public Divorce Records

Divorce Law admin

There is no doubt at all that right to freedom of information act has changed the whole society. Few years back, no one would have thought that he could get the information related to the delicate issues like divorce through online application. However, this is now a reality. The public divorce records are available online through some formalities. The applicant has to fill the form online and then he can get the complete record within few days. It is easy and risk as well as stress free. The divorce might have occurred due to violence or abuse. Through the public records, it is now quite easy to find out all the details.

At second marriage, it is quite possible that the other party will like to know about the person in question. This is definitely possible. All these cases are filed in the county where both the spouse lives. However, keeping the divorce record is the matter of the state government. A very huge state repository is being maintained and it has been found that more than 40% of the marriages in United States are being broken within one year due to the various reasons. Thus, it is quite easy to understand that this state repository is huge and many records are being available.

Generally, these public records contain the details related to child, property, assets as well as the venue and the timing of the divorce. It should be kept in mind that majority of divorces are due to brutal assaults and both the spouse will definitely like to hide it. In fact, most of the records are being declared confidential and hence one will find that such records are not being available. However, on special request and on payment of certain fees these records might be handed over to the applicant.

A perfect divorce record will contain the records like time and location, all the settlement details, grounds for divorce, filing number, final decree as well as the pertinent information. There are many situations when the divorce records might be required. It can be simply a gesture made by some friend. Sometimes the spouse might want to remarry and hence he or she will have to present a copy of divorce record. Some of the government processes require the spouse to prove that they are now single and in all those circumstances, the person involved will have to provide the copy of the divorce record, which they can get through email, phone, and fax or by filling online form.

These details are also used for the genealogy research and there is no doubt at all that these records are very useful. Sometimes one will find that the public divorce records are also used for the negative purposes. Sometimes, the enemies might use them for the blackmailing purposes and this can be very dangerous. However, in 90% cases, these records are being used for healthy purposes and hence, there are no issues at that that these records should not be given to all the people. However, only required information should be given.

My Husband Wants a Divorce – Examine Your Role in Your Marriage through Six Questions

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My husband wishes for a divorce”; that is a hard fact you have to accept regardless of whether you like it or not. Yet, it doesn’t have to ended that way. Here’s six questions you should consider to help you save your crumbling marriage.

Before the darkness of the night puts her into pensive mood, she looks at the ring around her finger. It was right there at the porch where he proposed to her. No, it wasnt like the movies. He brought nothing else to make the ambiance more romantic but still, she found it the sweetest thing he had done for her. But as she stares at the ring again, a teardrop falls onto her hand. Theyve had big fights recently. Musing on his gestures, justifications and preferences, she concludes, “My husband wants a divorce.”

Giving in to separation seems to be the easiest way out. But a wife who values the sacrament of matrimony will ask herself how she can satisfy her husband in different ways. In evaluating her role in their union, she must answer the questions stated below.

Do you thank him for addressing your familys needs?

Mens role in our society centers on providing for their families. Centuries ago, they go hunting in the forest and bring food for their families. Presently, with our gender fair programs, it may not be as emphasized as before but still, they would like to attain that feeling of accomplishment and pride for attending to the needs of his loved ones.

Do you give him enough silence?

Women tend to talk much more than men. When they are strained, confused or contemplative, they need minutes to think by themselves. Though this makes them difficult to figure out, they consider the quiet time golden. If he doesnt feel like chatting, dont force him. Though he isnt verbally communicating, he is still thinking.

Do you directly say what you want?

Another difference between men and women is how they convey their message. The former are straightforward while the latter beat around the bush. This unlikeness causes serious arguments and worse, it makes some wives say, “My husband wants a divorce.” Refrain from making long introductions or from letting him read between the lines always. Cut your introductions short and dont let him decipher your coded words. As much as you can, dont be ambiguous. You can still do it with tact.

Do you sometimes make the first move in lovemaking?

Lets face the fact that sex is important for men. Women who are boring in bed disappoint them. If you are too tired to make love, all you have to do is explain and be understood. Moreover, men dont want to be in the driving seat always. They want their partners to do their share of first moves as well. By the way, men love sexy underwear.

Do you let him hang out with his friends?

Like women, men need the company of friends. Talking about sports, cars, art and current events over some bottles of booze makes them realize there is a world outside their home. Dont get easily jealous with the time he spends with his friends. Otherwise, hell think you want to control his life.

Who Needs A Family Solicitor

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Numerous men and women will require the services of the family law court system at some place in their lives. Many could never foresee that they would discover themselves in the court room having employed the services of a family solicitor.

Here are a few examples of positive reasons why a person or family may require the services of a Family Law Solicitor. Adoption of a child or baby is an exciting life-choice however there are many legal aspects that have to be dealt with. A family solicitor could be helping a couple complete their family, or drawing up the papers that helps a single parent feed and cloth their children.

However, it is an unfortunate reality that many end up in the family law court for less pleasant reasons. The possibilities are endless however, they could be going through the process of divorce, fighting someone over child custody, they could be in the process of getting sued for child support, or being taken to court for alimony. There are sad cases of family members being accused of abuse or paternity cases where one is fighting to prove or disprove that they are the paternal father. In these types of cases there are no exclusions due to age, gender race or religion; all are expected to attend court. The impact of a courts decision in all these matters is likely to be significant in terms of the future of the family.

Those who have been married, divorced, living as domestic partners, or even those involved in a civil union may appear in family law and court if there is not a ‘happily ever after’ solution. The courts will decide who gets what in terms of property and persons. So who gets which visitation periods of the children, who keeps the family home, who owes for the debt the couple accrued while together will all be decided and more. It is often very difficult, upsetting and complicated to work out all the details of who gets what. However the process is there to settle disputes and allow people and families to rebuild their lives.

So with all of this to worry about you should seek the advice and services of a family law solicitor. Professional legal advice will make certain that you interests are suitably protected.

Relationship agreements (sometimes called nuptial agreements) can give you peace of mind. So if you plan to get married, start cohabiting or are about to enter into a civil partnership then some form of formal relationship agreement can protect you both.

Jessica Kirk Professional Lawyer

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Dedication to the practice of family law has helped lawyer Jessica Kirk build a solid reputation as a divorce lawyer. Her compassionate and knowledgeable approach to the issues of divorce has helped her clients successfully resolve many of the associated issues, such as child custody, alimony, and division of property. She has represented both men and women in divorce cases and along with her partners at The Crittenden Law Firm in Birmingham, Alabama she uses her experience and the firms dedication to resolving family issues to provide expert service.

As a graduate of the University of Alabama Law School and a member of such organizations as the American Academy of Matrimonial Lawyers, lawyer Jessica Kirk approaches her work with dedication and integrity. Her divorce clients receive not only expert legal representation, but solid guidance through every step of the process.

About the University of Alabama Law School:

Throughout history, the laws for combating piracy became a key building block for todays international legal system. Alabama Laws Dean Kenneth C. Randall surveys the unique, historical relationship between piracy and international law during NPRs special report, “An Old Scourge, Piracy, Is New Again,” on Monday, May 4.

Since 1994, Alabama has had a law in place requiring all convicted felons to submit a DNA sample. But that could soon change. A bill currently making its way through the state legislature would allow for a DNA sample to be taken from everyone arrested and charged with a felony or sexual offense after October 2010. David Patton, assistant professor and director of Alabama Laws Criminal Defense Clinic, speaks with Alabama Public Radio about potential pitfalls should this bill become law in the Wednesday, May 6 story, “Making It Legal To Take DNA From Felony Arrestees In Ala.”

The Career Services Office reported 97.4% of Alabama Laws 2008 graduates as employed within 9 months of graduation. This is the 13th consecutive year that the Law School has had its employment rate above 95%. Also, the number of employers who visited Alabamas campus last Fall to conduct jobs interviews with our law students increased by over 20%.

Podcasts are now available from the February 27, 2009 Law, Knowledge & Imagination symposium titled, “Speech and Silence in American Law.” Cambridge University Press will be publishing the papers in this symposium as well as those in UA Laws previous forum held in October 2008 titled, “Sovereignty, Emergency and Legality.”

The Chief Justice of the United States, the Honorable John G. Roberts, has committed to present UA Laws Albritton Lecture in 2010. Justice Clarence Thomas will give this same lecture in fall 2009, which will mark the second time he has spoken to Alabamas law students. The Law School was honored to welcome Chief Justice Beverley McLachlin, of the Supreme Court of Canada, to Tuscaloosa on March 9 to present the spring 2009 Albritton Lecture.

Throughout history, the laws for combating piracy became a key building block for todays international legal system. Alabama Laws Dean Kenneth C. Randall surveys the unique, historical relationship between piracy and international law during NPRs special report, “An Old Scourge, Piracy, Is New Again,” on Monday, May 4.

Since 1994, Alabama has had a law in place requiring all convicted felons to submit a DNA sample. But that could soon change. A bill currently making its way through the state legislature would allow for a DNA sample to be taken from everyone arrested and charged with a felony or sexual offense after October 2010. David Patton, assistant professor and director of Alabama Laws Criminal Defense Clinic, speaks with Alabama Public Radio about potential pitfalls should this bill become law in the Wednesday, May 6 story, “Making It Legal To Take DNA From Felony Arrestees In Ala.”

Alienation of Affection Laws

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Alienation of affection is a term used to point to a tort action brought by a deserted spouse against an individual or a group of individuals who are held responsible for the failure of the marriage. A tort is a wrongful act which causes injury or loss to someone. Tort laws deal with such acts where a persons behaviour or act causes an unfair injury or loss to another person. A tort can be intentional or accidental, but not illegal. Tort laws allow victims of tort to recover their losses. Although alienation of affection law is considered outdated and prehistoric by many, there are lawsuits related that can be justified even today. This subject brings numerous legal issues and often brings up questions which cant be answered by the common man that Experts can answer. The top five queries related to alienation of affection are listed below that have been answered by the Experts:

In which states is alienation of affection law recognized?

Each of the United States has their own rules and regulations for this law. However, there are four states in the US, namely, Illinois, Mississippi, Utah and South Carolina that recognize alienation of affection laws.

Is it possible for someone to file a case under alienation of affection law in Maryland?

The state of Maryland has abolished the law, but allows petitions for divorces. Many states have different standards and not every state recognizes this law in general. Experts can answer state specific law questions.

Does the state of Illinois allow someone to sue for alienation of affection after being diagnosed with PTSD (Post Traumatic Stress Disorder) due to an affair?

Although IL recognizes it in some cases, the plaintiff must be able to prove conclusively that the defendants lack of affection was the prime cause of the affair or that PTSD was because of the alienation of affection that was caused by the affair from the spouse.

Can someone from a state which doesnt recognize alienation of affection laws file a case in a different state that recognizes the laws

A person can sue someone for alienation of affection only if the person being sued is a resident of a state that recognizes the laws. Apart from this, a person can also sue someone for any emotional distress caused by the person being sued.

Can a lawsuit be filed by someone in the state of Mississippi for alienation of affection after the divorce has been finalized?

It is possible for someone to be sued for even after the divorce. However, in the state of Mississippi, any lawsuit has to be filed within a time period of 3 years starting from the day on which the divorce was finalized.

Divorce attorneys mostly believe that the laws formed around alienation of affection should be abolished. However, there are certain trial lawyers who support such cases. Alienation of affection can range from employer/employee, parental alienation etc., to the biggest and most common form which is divorce-related. If you have any questions concerning alienation of affection laws www.justanswer.com/family-law.

Is it Time for a Divorce

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Most of us enjoy fulfilling love from different relationships all through our lives. However, no love can be comparable to marital love that adults are entitled to. This love is unique for it is a homogenous blend of respect, admiration, acceptance, friendship, trust, faith and the need to feel special. Such an atmosphere of love and desire is conducive to a healthy and fulfilling married life.

If either of these is absent from a marriage, the couple should work at fulfilling that particular deficiency.

Lack of Respect

Respect for the marital spouse is the foundation stone for a strong marriage. Lack of it is signified by both, verbal and non verbal communication. Even a simple gesture like an upward eye roll indicates non acceptance and respect denial, lack of caring and aggressive behaviour. This simultaneously induces defensive and negative behaviour from the spouse which in turn aggravates hostility.

A more serious breach of respect is the verbal onslaught and physical and emotional abuse by the marital mate.

Physical Abuse

Physical abuse comprises shoving, slapping, punching, kicking or strangulation. Physical abuse should never be tolerated. The partner might use such acts of intimidation for controlling the spouse or resorting to such behaviour pattern might have been a habit learnt from childhood. Whatever may be the inducing reasons, such negative behaviour jeopardise safety of all the other family members.

Emotional Abuse

Verbal abuse is more serious than physical abuse and people often tend to ignore it for the mere lack of physical symptoms and the fear of not being taken seriously. But, it is much more serious than physical abuse for it leaves an injury on the soul of a person. The abused, loses self respect, courage, self confidence, rational thinking and lives life in self doubt.

Like the eye roll, the very first act must be met with defiance. The partner must be indicated the non acceptance of such behaviour. It should be put an end to before it becomes strong enough to destroy the marriage. If the spouse fails to end aggressive behaviour, needless to say the marriage has to be terminated.

Lack of Trust

Adultery is common and more than 30% of men and 25% of women have indulged in adultery at least once in the span of their marital life. And 65% of adultery episodes terminated marital life. Adultery, as is commonly believed does not occur just for sexual fulfilment. Men have the inherent desire to be loved, respected, admired and have peace at home. These propel a man towards higher achievements. And women desire to be sincerely loved, and love financial and familial commitment from their men. The desire to feel protected is a primeval instinct inherent in every woman.

Non fulfilment of either need drives people toward adultery. The erring spouse soon loses the trust of the aggrieved partner. Both adultery and lack of trust can be easily dispelled before they damage the relationship between spouses. Counselling is a must to help partners get rid of such tendencies. Once either spouse realises what is lacking in a relationship, fulfilling that inadequacy is not difficult. Yet, if each chooses to ignore the needs of the other, then divorce might be the only solution.

How does Legal Separation differ from Divorce

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Legal separation is where a married couple legally separate without getting divorced. During this legal process decisions regarding children (such as custody, visitation rights and maintenance payments) and financial issues (such as debt, mortgages and assets) are decided upon. It is really an official separation, going further than simply living apart but not as far as getting a divorce. After a legal separation a couple are still legally married but live separate lives. They are formally living apart and the courts may be used if there are any disputes.

In some ways a legal separation is like a divorce, with the most obvious reason being that the couple are not living together. If a couple have children similar arrangements need to be made as they would were they divorcing, either through agreement or through the courts. Where each spouse lives and who pays for it needs to be established as does who has access to shared funds or assets.

So, why do couples choose legal separation instead of just getting divorced? Some opt for this because they dont like the idea of getting divorced, possibly for religious reasons or they dont want the stigma of being divorced. Often couples use legal separation as a trial to see if they would like to stay together or divorce. It gives them time and space to make a decision. They may find that living apart makes them realise they miss each other and want things to return to the way they were, or they may want to be separated permanently. Sometimes legal separation leads to divorce, sometimes it leads to reconciliation and sometimes they remain separated without getting divorced.

Although some couples remain separated for good without divorcing, this is fairly rare. If they are not going to remain together as a couple most will prefer to cut their ties with each other. Another important consideration is that while still married, they are unable to marry anyone else.

So, is legal separation necessary or can couples simply live separately without the legal process? Well, they can if they wish, but it is not always that simple. Whether that is preferable depends on an individual couples situation and preferences. Legal separation can be more complex in some ways due to the legal processes that must be gone through. But, on the other hand, it can also simplify things as they will both know where they stand on certain issues.

Beatrice Sareen (c)

The State of Virginia Divorce Records

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Divorce records are vital records. They play a certain role in the legal and historical records everywhere. Thus, everyone can benefit from such records. The state of Virginia, just like any other states, also keeps a file on these said records.

The Division of Vital Records is the best place to look for Virginia Divorce Records which are kept in a statewide level for an easier search and access. It is with the existence of the Freedom of Information Act that makes divorce records part of public records and are therefore open for the public to access. The searching process should also be easy and convenient because Virginia has it on a statewide level.

Searching for this Divorce Records Virginia can be done by visiting your local government offices. As long as proper procedures are followed, youll surely have whatever it is that you need right into your hands. Apart from following certain procedures, theres also a need for you to fill up a form and input important information like the couples first and last name, the time the divorce took place as well as the location, your full name and your email address.

The State of Virginia Divorce Records can be obtained in three ways based on the Division of Vital Records and Health Statistics. To mention, these are through mail, walk-in, and the use of VitalChek Network. The main difference of these ways is on the length of their waiting time in which the second way is said to be the fastest among the three ways. You must also know that the third option requires your credit card for the payment of the required charge.

The public is also entitled to have access to Divorce Court Records which will be available at any local courthouses where the divorce court proceedings happened. Court records contain a lot of important information that you can learn from. Such information includes the personal information of the couple, their parents and childrens, when and where the divorce happened, and why the divorce took place. It will also show the filing number, decree, asset division and settlement, restraining orders, children custody and other related information.

It is possible to encounter problems as you go through searching for these divorce court records because county courthouses are not at all linked. That is why to avoid getting lost, you have to know the place where the divorce took place so that you will know where to start from searching. Court records have two versions-free and paid. For a thorough and detailed information, your best option is to turn to the paid one.

Property Division, Real-Estate, & Washington Divorce Law

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All property division pursuant to a divorce in Washington state starts from the simple premise that all assets accumulated during the marriage will be presumed to be “community property” and split 50/50. But in practice the 50/50 split often does not end up being the result because of such legally cognizable factors as: the earning power of the parties upon termination of the marriage is highly unequal, one party made the entire down-payment, the property came by inheritance, and quite a few others. Often time this arises in shorter marriages where the parties have acquired a piece of real-estate. So how does one answer this question?

The mortgage rule is a legal tool used to characterize property acquired, using both community and separate funds, over a period of time. Harry M. Cross, The Community Property Law in Washington, 61 WASH. L. REV. 13, 39-49 (rev. 1985). The mortgage rule examines whether both parties concerned were obligated to make payments in order to retain ownership of the disputed asset. If there was no such continuing obligation, then the character of the asset is retrospectively determined to be proportionate to the ratio of separate and/or community funds used to acquire the asset. Absent a continuing obligation, the character of the property is retrospectively determined to be proportionate to the ratio of separate and or community funds used to acquire the property It is precisely this mortgage indebtedness that itself constitutes a contribution to effect the final determination of what proportionate share either party should be entitled to. If the other spouse signs the promissory note they become liable to the bank and later third parties for repayment. Even if that party had low income and no assets to secure the loan it is still a contribution. If separate funds are used to make a contribution and are traceable a lien for the down-payment amount could be found but only to that extent of that separate contribution to the down payment. However, In Re Hurd changes this slightly in that the separate character of a cash down payment can be transformed into community property by titling the home in both parties names. (Thus we see some significance in whose name an item of property actually stands.)

This includes such assets as the appreciation of retirement plans that were purchased before the marriage. The value of such an asset must be analyzed to determine what portion grew or accumulated during the marriage and the value prior to the marriage.

Washington state divorce law purposefully vests a substantial degree of leeway to the Judges hearing your case (and I say Judges because the Commissioners only deal with pre-trial issues, modifications, and contempt; they can’t divide the equity in your home or business). Carefully planning from the start of your case is necessary to develop the evidence needed in property characterization. It also gives the attorney time to become familiar with what both parties real financial futures might look like upon final dissolution of the partnership. This is especially important where one is not dealing with a trivial amount of assets, or if you feel your spouse has a significantly higher earning potential.

Division of real estate under Washington state divorce law can also be made not in accordance with whose name is on the title to the property. Whose name the property is titled in, does not settle the matter conclusively but may be considered by the judge among other factors as possible indicia that the parties wished to make it separate.

Minnesota Divorce Can We Not Just Agree

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As a Minnesota divorce attorney, a question that is often posed to me by my divorce and child custody clients is, “Can’t my spouse (or the other party) and I just agree to something on our own?” Normally, my answer to that question is a resounding “yes” the more you can agree to, the less there is to argue between the attorneys and the less Court involvement that will be necessary. What this normally also means is the divorce or custody proceeding will be easier on your pocket book as well.

However, there are a few exceptions to the “lets just agree to this and follow it” approach. First, if the agreement pertains to minor children in any manner, the Court will always apply an independent “best interests of the child” analysis. In other words, just because you agree to something, if that agreement impacts minor children, the Court could reject the agreement.

With regard to child support, there is a legal presumption that the statutory child support guidelines must be used in all child support determinations. If the parties wish to agree to a different amount, they must provide to the Court an explanation on why this “deviation from the guidelines” is in the children’s best interests.

For an initial child custody determination, the standard for the Court would be “what is in the best interests of the children.” If the parties agree to the child custody and parenting time schedule and provide an explanation for it, generally the Court’s will defer to this agreement. The Courts generally appreciate the parties reaching an agreement on custody and parenting time because in most cases the parents know their children the best and know what is best for their children. So, if they can agree on custody and parenting time, the Court should adopt that agreement.

The tricky part arises when the parties wish to modify an existing Court order (a post-decree modification). For example, John and Jane got divorced. They had two minor children, Jenny and Jimmy. In the divorce, Jane was awarded sole physical custody, the parties were awarded joint legal custody, John was awarded parenting time every other weekend and was ordered to pay $1,000.00 per month in child support. One year after the divorce, John was terminated from his employment, began receiving unemployment and was home for the majority of the days. Based on this, the John and Jane agreed between the two of them that they would modify their agreement to provide for joint physical custody, each spouse alternating every other week of parenting time with the children and that neither spouse would pay to the other spouse any amounts for child support. John and Jane agreed to this in writing, each of them signed it, but they did not submit it to the Court for a Judge to sign and file with the Court.

John and Jane’s agreement would be considered an “extra-judicial agreement.” Is it enforceable? Maybe.

Minnesota courts have approved extrajudicial modification of an existing divorce decree through stipulated agreement. There is a policy favoring the use of stipulations in divorce proceedings. But these stipulations are given considerably less weight when the agreement involves children. The Court is not bound by stipulations involving child custody. Further, child-support stipulations are given less weight to protect “the welfare of the children” as the paramount consideration.