It’s a Pandemic – Choose Your Battles

Divorce? Choose Your Battles

Maybe you have already filed for divorce or maybe you are still in the process. You have worked out an arrangement you both can live with concerning visitations. Good for you. However, you need to remember that under the best of situations, visitations cause major problems in divorced families. Once your divorce agreement has been decided, it is very important that each of you follow it to the letter.

Enter Pandemic

We would all like to think we are reasonable adults when it comes to the well-being of our children. We are under the instruction of our town leaders to keep our children in our home during this time in the pandemic. We are taking all the steps possible to limit exposure to germs including the wearing of a mask,  deep cleaning of their toys, and the use of anti-bacterial wipes.

Our ex-spouse does not feel these steps are necessary. They feel the children need to be on the playground with other children. They believe the pandemic is being “exaggerated” by the media.

Your divorce says the children spend 4 days per week with you and 3 days per week with them.

Common Sense?

You are not the first parent who has read something like this and thought they would just keep the children home, for their health. However, most judges frown on changing visitation rights. You can pay your attorney to fight this cause.

Before this blows up in your faces, try to find some common ground. Now is the time to put down the boxing gloves and try to reason with each other. Don’t get lost in the battle of what is media-hype, how bad the pandemic is, and who is to blame. Instead, agree to disagree and go to ways you can solve this problem. You may have to get creative, but you can do it.

Common SensePhoto credit: Andrea Piacquadio

Ideas

Here are a few ideas that can get you started. Keep your eye on the goal. The goal is to let everyone spend time with the child without exposing them to the virus.

(Note: Be sure you speak to your attorney before making any changes)

  • Agree to Skype visits or IPhone visits each night. This can include storybook time, watching a movie together, or playing various games.
  • Let the parent have their visit to your home a couple of days per week. Let them have the run of the house while you busy yourself in another room.
  • Agree to meet the spouse with the child at a playground early in the day while it is less crowded. That way you can ensure their mask is worn and their hands are cleaned when they are finished.

Offer to keep up with the number of days they missed and when the pandemic is over schedule a vacation to make them up. Be sure to record all of the arrangements.

You’re The Parent

At the end of the day, you are the parent. You must do what you must do. We are not giving you any advice to change the visitation of your divorce. This is very serious. This is not a decision to be taken lightly. We are suggesting that you open a dialog with your ex and you try to work things out like adults. At the end of the day, your child is the most important person in this situation. Again, keep good records and be sure to talk to your attorney. You have to protect your child, and you need to protect yourself as well.

Can Your Divorce Be Denied?

Divorce

In our society divorce is a common word. The days of divorce causing scandal and shame are long gone. However, when a family goes through a divorce they find it is anything but a normal everyday occurrence that people go through.

State Laws

Every state has laws regarding divorce. All the states in the United States allow a couple to file for a no-fault divorce. This means you agree that the marriage is over. Your differences cannot be reconciled and your marriage cannot be saved. Some states only allow no-fault divorce. They do not allow the option of filing for a divorce that assigns blame against one partner to the other. These states include:

  • California
  • Colorado
  • District of Columbia
  • Florida
  • Hawaii
  • Indiana
  • Iowa
  • Kansas
  • Kentucky
  • Michigan
  • Minnesota
  • Missouri
  • Montana
  • Nebraska
  • Nevada
  • Oregon
  • Washington
  • Wisconsin

If you live in a different state and you wish to file an at-fault divorce, you need to contact your attorney. There are several grounds for an at-fault divorce that will hold up in court. They include, but are not limited to:

  • Adultery
  • Incest
  • Imprisonment
  • Bigamy
  • Abuse

It is important to note that filing for an at-fault divorce requires proof that will be submitted to the judge. It is also important that you and your children (if you have children) remain safe while you are seeking a divorce. An attorney is the best place to begin. He can advise you on what you need and how the procedures will progress so you can make a plan to be safe during the process.

Why would the judge turn the divorce down?

A judge is in a unique position. While he is charged by the American people to listen to both sides and make a fair and impartial judgment, he is also required by law to ensure all legalities of the case are met.

When a person is sued for divorce, he or she must be served with legal documents that explain in detail what is happening. This is not handled over the phone or verbally. The papers explain where they need to be and the date and time. The results of the summons will affect their lives. This could include their visitation with their children, where they will live, how much they will pay in support, and what they will take with them from the joint property they own. If they have been properly served and they do not show up, the requests of the person suing are usually granted. But, what if the person suing did not properly serve them? In that case, the divorce is usually denied. 

There are several requirements in a divorce filing. Each form has a purpose and none of them can be overlooked. If you miss a required form the judge may dismiss your case and deny your divorce.

If during your filing process it is discovered that you do not meet the state residency requirements to file in the state where you filed, the judge will deny your divorce.

If you have not shown accurate reasons why you are dividing the custody/visitation of the children (and sometimes pets), property, and assets of the family the way you presented them, the judge will usually deny your divorce. A judge is not going to be unfair and let one person have the lion’s share of everything earned in a marriage.

Fraud

When we think f fraud, we think of very high-level business people “cooking the books” trying to get away with not paying taxes or sliding sales under the radar. The same happens with marriages. When someone has a long term marriage and they have built a successful business, they may start to worry when the winds of romance seem to shift. Perhaps they feel divorce is in the air. Whatever the reason, they begin opening accounts that their spouse (and CPA) knows nothing about. They build it up until it is substantial. When those dollars are exposed, a judge will halt the divorce and usually order a complete audit.

Fraud will cost you the divorce you are seeking, even on a lower level. This is rare but not unheard of. This means you have no intention of breaking up. You are going through a divorce so you can benefit in some way. One example would be, there is a program that will send in workers to do home repairs at no cost for divorced women over 60 that are unable to afford them. You file for divorce and they repair your roof, paint your house, and pave your drive-way. You use their reference to get free food and money for your electric bill. This is a fraud. The judge will not grant you a divorce. Further, you could be facing charges.

Note: In some cases, fraud will result in an annulment instead of a divorce.

Children

The judge will not grant your divorce until you have worked out all the issues regarding child support and child custody. You can go through mediation and arbitration for help, but you need to have it hashed out or no divorce is going to happen. Your next step will be going to trial to get it settled and that is not good for anyone.

Spouse won’t sign the papers

This is a delay tactic that will not work for very long. If you have done everything you are supposed to do, you may have to have your spouse formally served with the outline of everything included. If your partner does not respond or if they do not show up for court, the judge can approve a default divorce.

In order to avoid the delays, the “do-overs” and the mistakes, hire an attorney. It will be much easier and will reduce your stress level. Let the attorney do what he is trained to do. Let this difficult time in your life pass as easily as possible so you can begin the next chapter of your life.

What amount will my Divorce Process cost?

divorce

What amount will my separation or Divorce, adjustment, paternity, civil lawsuit cost? 

I have posted this inquiry by each imminent customer to whom I talk. It is an inquiry I can’t reply to them. On the off chance that you have a level expense sort of case (criminal safeguard for instance), a legal counselor reveals to you the level charge. On the off chance that you have an unforeseen charge case (personal injury for instance), for you, the most part has no forthright expenses. The fundamental inquiry in those cases is how much will you gain for your physical issue or misfortune. In my general vicinity of work that I handle are; separate, authority, paternity, alteration, family law, civil prosecution, we work at an hourly rate. Most legal counselors, including me, request a forthright retainer. We ask that the retainer be reestablished when it is about exhausted. I don’t represent all attorneys.

What is the reason can’t address the inquiry?

There are such a large number of factors. For instance, a few customers get in touch with me with questions each day, by email, text, or call. They feel on edge, uncertain, and loaded with questions. They require a more amount of my time than customers who reach me once in a while. The restricting party and their attorneys are other huge factors whereupon I can’t put a cost. A few cases are very unfriendly and hostile. If this is valid about the contradicting party and their legal counselor, more movements, court hearings and show make certain to come. This sort of direction is all the more expensive. Different cases might be perplexing (multi-million dollar divorces, organizations to be esteemed, and so forth.), yet if everybody is agreeable and there is little feeling in the lawful procedure, the expense is significantly less. On the opposite side, cases that may show up little (next to no benefits, maybe even no kids) can turn out to be pricey over pets, or contention of the guideline. Through the span of my vocation up to this point, I can consider numerous cases that were over the top expensive, required a ton of my time and vitality, were passionate and hard for my customer, for reasons I was unable to understand from the start. It boils down to fundamental human instinct and how that converts into my time on a case.

There are so many different legal courses from point A to point B

There are such large numbers of various legitimate courses from point A (when I meet with a customer) to point B when the case was over, and I don’t have the foggiest idea about the way toward the start. It wants to remain before a thick woods, one that I know and know about, however, one that has an excessive number of points and ways, also the trees that can be used, to ascend, over, and through, to utilize one relationship. Some of the time course is immediate, with little reason for court activity, prosecution as movements, pleadings, hearings, and so forth. Different occasions, the course has such large numbers of unanticipated exciting bends in the road, you would not accept the narratives, regardless of whether I was to spread them out for you. A few cases take years & some take a month. I comprehend this isn’t continually consoling for individuals to hear when they initially meet with attorneys. Most people do not easily trust attorneys in the first position, so naturally, this is a frequently addressed point of conversation.

What you can do is look for a Divorce attorney to go for 

What you can do is search for a legal advisor ready to go over this with you. I have thought that it was useful to transparently discuss this subject, and from that point address ridiculously. Any individual issue has numerous potential methods of settling. Here and there no reaction is suggested because things may fall set up all alone. This is more affordable. Some of the time intercession or correspondence is a potential strategy, and once in awhile suit is vital, prosecution being the most costly course of all. On the off chance that you have a feeling that you have some command over how and what decisions you and your legal advisor make, this will make for a superior encounter. You can’t control the contradicting party or their lawyer(s). You should comprehend this to comprehend why I, and most legal counselors, can’t reveal to you how much your case will eventually cost. If you are conversing with an attorney that appears to have a deep understanding of your case, how the opposite side will be, what the Judge will choose (the exemplary “know everything”), this is most likely not a decent attorney to hold. It isn’t straightforward. No attorney, or individual, can know the future or decisions that others will make.

Approach your choice of divorce attorney with all of this in your mind

You can control your side of the activity, expecting you have a family law legal advisor you can converse with, comprehend, and settle on educated choices on the procedure and pushing ahead at some random time. This is the best cost control you have. Approach your decision of separation attorney in light of the entirety of this, and I expect that this point of view will support you, and maybe lessen your lawful expense.

 

 

About Author: Russell D. Knight has been practicing family law as a Chicago divorce lawyer since 2006. Russell D. Knight agreeably settle extreme cases while staying a solid promoter for his customer’s advantages. He is authorized to provide legal counsel in Florida and Illinois. Russell keeps up a training in the two states and has a full staff of lawyers and paralegals in both Chicago, Illinois and Naples, Florida.

Reasons a DIY Your Divorce Is Not a Good Idea

Divorce

If you look back over society, you can see that what people accept as “normal” tends to change. As recent as the 1950s, people were expected to graduate from school, get married, and begin a family. The generation that required marriage, did not look kindly on divorce.

In the 1960s everything changed. Teenagers and young adults rebelled. They insisted on “free love.” The idea was everyone should be allowed to love anyone they wanted to without a lifelong commitment.

Over the next three decades, the marriage dynamics continued to evolve. This grew to include living together before marriage, same-sex marriages, interracial and interethnic marriage.

Unfortunately, the freedom that brought back matrimony also brought acceptance for divorce. Currently, 39% of marriages end in divorce. No one is ashamed. It is a fact of life and the price of evolution.

Courts

Perhaps because divorce is so easily accepted and information is so easily attainable, people have started using their computer’s file for divorce on their own. They are told where to find the paperwork and they fill out the papers, file them with the courts and in so many days, the divorce should be final. But, is that a good idea? Below, we are going to tell you a few important reasons why DIY divorce may not be in your best interest.

  • What is fair and normal?

You do not get the benefit of expert advice from an attorney to explain what is considered normal. You may not know about the laws pertaining to residency or how child support should be determined. What is taken into consideration when parenting plans are prepared? You may accept a plan to keep everyone happy, that is completely unfair to you. Later, you may regret being so accommodating.

  • Stress

The legal system is nothing if not confusing. There are a lot of details that must be contended with. Even attorneys have trouble keeping everything in order when they are new. You need to be aware of the state laws and requirements and be sure you have completed every form and filed everything on time. This task in itself is worth having an attorney on your side.

  • Court

With the proper care, you possibly could get a divorce and never go to court. But usually, a court visit is required. Besides the issues you can face with forms being missed or filled out incorrectly, you have to work around the judge’s schedule. The courts are very busy. The fact is, you have a good chance of facing delays. That could result in the forms having to be re-worked, re-filed. Your time and the time of your family is not an issue that the court considers.

  • It can cost you more money

You began this DIY divorce to save money. You were sure you and your spouse were reasonable and you could work things out. But things can take turn for the worse. You may end up fighting for custody or fair visitation. You may end up in a fight over an unfair property settlement. In order to be financially secure and to protect your children, you may have to then hire an attorney to help you. Unfortunately, some things are not reversible.

  • No mediator, shoulder to lean on, back up

When there is a divorce some people can get real ugly. They know they have things that you want. They will use these things to their advantage. They will bully you, threaten you, and push you around during this stressful time. Just when you think you have it all worked out, they start again. With an attorney, you have the support you need from someone who has no emotional investment in the transaction. They know the law and they will not be bullied.

  • The agreement may not be binding

You and your partner may have come to an agreement together. You are both comfortable and you believe everything is in order. The problem is, neither of you knows the law. While you are comfortable, the wording of the agreement may not be legally binding. If problems come up in the future as the two of you go on with your lives, you may find that your divorce is not enforceable in court. An experienced attorney would have prevented this problem and ensured your divorce would have held up even 10-years down the road.

Divorce is difficult. We all want to get through it as painlessly as possible. We want to save money and draw on the good nature of our spouse and just charge through it. But, it is rarely that easy. While you can do your own divorce, it doesn’t mean you should. Make your life easier and hire an attorney so when your divorce is final, you know it is actually final. Then you can move on without worry that it will ever come back to haunt you.

I’m Ready to Get Divorced. What Do I Need to Do Next?

Divorce

When you got married, you probably expected your relationship to last for the rest of your life. Unfortunately, relationships can break down for a variety of reasons. You may have found that you and your spouse disagree about how to manage your finances, how your children will be raised, or any number of other issues, leading to ongoing arguments and conflicts that have become impossible to resolve. Your decision to pursue a divorce may be based on specific problems in your marriage, such as infidelity, or you and your spouse may simply have grown apart and are no longer happy in your relationship.

Regardless of the reason why your marriage is coming to an end, you will want to make sure to take the right steps as you proceed with the divorce process. Your first priority should be to hire a divorce attorney. A skilled and experienced divorce lawyer can help you understand the legal issues involved in your divorce, and they can provide you with representation to help you achieve an outcome that will allow you to move on successfully once the divorce process is complete.

Getting Ready for Divorce

Before you begin the divorce process, it is a good idea to sit down and think through your plans. By considering what you want your life to look like once your marriage has ended, you can set achievable goals and begin taking steps toward making the changes that will come with your divorce.

Some of the issues that you will want to consider include your finances and your living situation. Do you earn enough income to be able to support yourself, or do you rely on your spouse’s income to meet your family’s needs? Will you be moving to a new residence, or do you expect to continue living in your family’s home? By understanding the income you earn and the regular expenses that you will need to cover, you will be able to make realistic plans and create a budget that will allow you to live comfortably. By doing so, you can also determine whether you can ask for your spouse to pay you financial support or whether you may be required to pay spousal support.

If you and your spouse have children together, you will also need to address how the two of you will share in the responsibility of raising them, and you will need to determine where they will live most of the time. Do you expect to have primary custody of your children, or will you and your spouse share custody? Will you be able to work out an arrangement in which your children live primarily at one parent’s home, or will they spend equal amounts of time with each parent? Even if you are not able to discuss these issues with your spouse, you can think about how you believe these issues should be handled, and you can prepare to address them during the divorce process.

Gathering Information

Once you have a good understanding of your goals for your divorce, you can start making more concrete plans for the divorce process by obtaining all the necessary information about your finances and property. Since all of the assets and debts you and your spouse own will need to be divided between the two of you, gaining a full understanding of your family’s finances can ensure that these matters are handled correctly.

The financial information you will need to gather includes anything that describes what you earn, what you own, and what you owe. All sources of income for you and your spouse should be considered, and you will want to make a full accounting of all of the marital property that you own together, as well as any non-marital property owned by either spouse. Finally, you will need to gather all applicable information about any debts that you owe, including credit cards, home mortgages, or auto loans.

While you may not be able to access all of the information needed, gathering as much information as possible before beginning the divorce process can help you prepare to address the issues that you will need to resolve. Understanding the monetary value of your assets can ensure that you will be able to divide this property fairly, and knowing the amount of income you and your spouse earn can help you prepare to address issues such as child support or spousal maintenance.

In addition to financial information, you may also want to begin compiling information that may be necessary when addressing child custody issues. If you expect to have primary custody of your children, you may want to obtain their medical records or school records to show that you have played an important role in making decisions about how they have been raised. You may also wish to make notes showing when you provide care for your children or participate in their activities, while recording any other information that shows that you are closely involved in their lives.

Filing for Divorce

Once you are fully ready to go ahead with your divorce, you can begin the process of dissolving your marriage by filing a petition for divorce in court. Depending on the state where you live, your petition may state the grounds for divorce, or the reason(s) you wish to end your marriage. While some states allow fault-based grounds for divorce, such as infidelity or abandonment, most states allow for “no-fault” divorce. In these cases, your divorce petition will simply state that you and your spouse have irreconcilable differences that have caused your marriage to break down beyond repair.

Your divorce petition will also include requests for temporary relief in which you will ask for decisions to be made about how certain matters will be handled during the divorce process. For example, you may request that you have exclusive use of your marital home, that your children will live primarily with you, or that your spouse pay you child support or spousal support. After your spouse has filed a response to your divorce petition, the judge in your case may grant some or all of your requests, depending on what they believe is the appropriate way to handle these matters while your divorce is pending.

By considering all of these issues and taking steps to file your divorce petition properly, you can be better prepared to move forward with the process of ending your marriage. Working with a skilled family law attorney will ensure that you have considered all of the legal and financial aspects of your divorce, and your divorce lawyer can advocate for your interests and help achieve your goals as you prepare to move on to the next stage of your life.

 

About author: Steven H. Mevorah is the founder of Mevorah Law Offices LLC and began his practice in 1979. Mr. Mevorah brings significant experience to bear in achieving positive results for his clients. With offices in Lombard, Bloomingdale, Chicago, and Naperville, Mr. Mevorah makes his practice accessible to all of those in need throughout the Chicagoland area and surrounding counties.

The Difference Between a Divorce and An Annulment

Annulment

When we marry someone we love, we hope that the union is forever. We hope our love will grow and as it does, we will put all of our efforts into cultivating our trust, dedication, and loyalty to each other. However, sometimes it simply doesn’t happen. Sometimes, we grow in different ways, and sometimes our love grows cold. Sometimes, there is nothing that can save the marriage and it is reasonable and agreeable to legally end it.

File for divorce

When a couple decides to end their marriage, they usually contact a divorce attorney and file for a divorce. This is the most common way to end your marriage. Both spouses will hire an attorney. A value will be set on the family assets and they will be divided. The couple will work on issues such as who will keep the family home or if it will be sold. Here are other very important things that will be decided:

  • Who will have custody of the children
  • Visitation of the children
  • Who will have custody and care of the family pets
  • The amount of alimony to be paid and which spouse must pay it
  • The amount of child support to be paid
  • Who will pay for medical insurance for the children
  • How retirement funds will be divided

As you can see, the majority of the considerations are about money. Children cost a lot of money to raise. Just because parents are divorcing, doesn’t mean the children should have to suffer. The children are already dealing with the loss of a parent in the home, they should not have to struggle with the loss of their activities as well.

Annulment

There is a second way to end a marriage. This is a less common way, but it is a legal way. Further, when you seek a divorce, you record states that you were married but divorced after “X” number of years. An annulment voids your marriage. Your record reflects that you have never married. There are a few reasons why the court will consider an annulment. Again, the end result is a civil annulment, which means in the eyes of the law, your marriage never happened. They take this very seriously. You will need to contact your lawyer for a complete list, but here are some of the more common reasons:

  • Fraud
    • You were lied to about your partner’s age which caused or could cause legal problems.
    • Your partner was already married to someone else. They did not obtain a divorce, nor did they tell you about their marriage
  • Concealment
    • Your partner hid a felony record from you
    • Your partner was in an illegal crime ring which put you in danger
  • Important Misunderstanding
    • One of you did not or do not want to have children. This deal breaker was not discussed before the wedding
    • One of you are impotent and did not tell your partner, preventing them from being able to have a child in the marriage
    • Incest – the discovery that the two of you are close family relatives
  • Lack of consent
    • Being forced into marriage by the spouse, parent, or physical force

Annulments are governed by the laws of the state. When the state rules on an annulment it is legally settled. However, many people feel the need to have their church rule on the annulment as well. That is certainly your right. However, regardless of the rulings of the church, once the state has annulled the marriage, it will forever be annulled in the government systems.

In the Catholic Church, a diocesan tribunal hears your case rather than a court. You present facts that help them decide if the marriage was less than a covenant for life. You have to show them that it was lacking in some way from the beginning. It can be based on dishonesty, immaturity, and most of the reasons listed above. Either spouse can request the annulment.

If the annulment is granted, the spouses will be allowed to marry again (since the first time never happened) in the Catholic church.

Note: State annulment and church annulment have three things in common.

  • The original marriage never happened
  • The couple can remarry
  • The is no question to the legitimacy of the children

If you have questions, contact your attorney. The sooner you act, the sooner you are free from this world-changing event in your life.

How Your Divorce Affects Your Employer

Divorce

When we go to work for an employer, we enter into a type of silent contract. You promise to show up for work when you are supposed to and to give your job 100% of your efforts. For that effort, your employer pays you a predetermined amount of money.

As time goes on, you begin to care about your company. You go the extra mile and you are proud to be associated with your brand. Your employer may not reward you financially, but his actions speak columns. He is quick to help you when there is a problem. He may pay you when he knows you had to leave early, or he may promote you when you have proven your deduction.

Expected employee problems

Your employer expects that there will be days when you or your child is sick and while it is inconvenient, he expects you to take care of your family first. There will be deaths in the family, there will be emergencies. All these things are expected in your silent agreement. But there is one life-changing event that your employer cannot predict and cannot ignore. That is divorce.

Divorce is a corporate problem

It is estimated that 50% of all marriages end in divorce.  It is inevitable that divorce will affect every company at some level. When a person is going through a divorce, they are simply not able to perform at the top of their game. Emotions take over. It is not unusual to find someone crying, or at least dazed in their office. They get angry easily and take it out on others. They are apologetic, but they seem to be out of control. They are worried, absent often, physically, or mentally.

The employee sometimes feels that the silent contract should allow for this distraction. After all, this is life-changing. While the employer may overlook the extra time off work, and they may turn a blind eye to the slack in productivity for a while, a divorce is not allowed for in the employee handbook.

Other employees have to pick up your slack when you simply cannot think. But after a while, they resent the extra work without the extra pay. If your lack of attention causes them to lose other employees, or if your work is incorrect, or if someone gets hurt due to something you did or did not do. To put it simply, the employer cannot allow you to become a liability.

What can you do about it?

You may think there is nothing you can do, but actually you can help the situation. Below you will find some suggestions.

Take control of the situation

When you realize this is happening, you need to put on your “adult” shoes and take control of your situation. As with everything you do in business, grab a notebook (electronic or otherwise) and begin to gather your thoughts, your goals, and the tools available to get there.

First, even if it seems early, hire your attorney. This is your backbone. They are the experts and they know what you expect. They will advise you to start gathering the information you need. Time is on your side. This means you will be able to get your hands on financial records, birth records, credit card statements, and other important papers. This gives your lawyer a headstart on setting your claims.

  • Take inventory of the money. Do you have enough money to get by? Many people feel forced into an unhealthy marriage because they do not think they can afford to leave. Consider paying off your credit cards, and getting cards that are in your name only. Change direct deposits if you need to. Have cash on you. Make sure you have titles to things you own.
  • Check on your support system. Do not expect your mutual friends to remain your friend. Sometimes people just side for the other spouse. Make sure your friends have your back. Have a list of who you think will .always be your friend. Be sure they are loyal.
  • See a therapist. Everyone who ever went through a divorce has felt their foundations shaken. Make an appointment to see a therapist. This is someone who will allow you to “let it all out” without judgment. They can also give you tools to help you cope.
  • If you need it, see your doctor. You cannot get through this without sleep and health. Let your doctor do a check-up. If you are low on vitamins and minerals, this will make you behave ways you would normally behave.
  • Eat, drink, and exercise. No matter how much you do not want to, now is the time that your body must operate at peak.
  • Speak to your attorney about setting up a mediator. This third party will keep things calmer during the process.

Speak to your employer

Tell your supervisor about your situation. Let him know that you have it under control. Let him know that there will be times when you will not be at your best. Ask him if you can use vacation days or sick days for the days when you need to away.

Here are a few suggestions that might help:

  • Is it possible to perform your duties remotely?
  • If you are unable to get everything done during the week, would working weekends help?
  • Is there another employee that you can train to do your job? Cross-training is a wise move for a business.

The final thing you need to approach with your boss is the point of no return. While most employers will see your efforts as a great effort and they will work with you. But, there are bosses that refuse to give an inch. This is not an easy thing to hear, but it is better to know going in. You then know you have no tolerance and you will have to decide how you can make that happen or if you need to look for another job. Do all you can do to stay ahead of the game, and that is all you can do. Sometimes you find some employers are just long-winded. But, their opinion soon changes when they realize how hard you would be to replace.

Divorce is hard. The struggle is real. But, as they say, sometimes the best defense is a great offense.

When The Judge Denies Your Divorce

Divorce

We hear people speak about getting a divorce so often that we expect it. We just think it is our right. If your marriage no longer sends shivers down your spine, just trade-off, right? Wrong.

Marriage

Do you remember, way back then, when getting married was all you can think about? You were in love and your wedding was the announcement to the world that you and your partner were joined forever.

You got a license at the courthouse and set the date. Just like that. The paper you carried gave you and your spouse certain rights as spouses. You were happy and the IRS was in agreement.

Marriage is a legal and binding agreement legislated primarily by the state.

Grounds for divorce

The state you live in has a list of issues that are legal grounds for divorce. While the lists change from state to state, most of the grounds are the same. For example:

  • Adultery
  • Desertion
  • Cruelty
  • Bigamy
  • Wife getting pregnant by another man
  • Spouse going to jail or a mental institution for three years

Of course, there are other reasons which the judge can take into consideration.

When The Judge Says No!

You may have a valid reason for a divorce, but that does not mean you will get one. The power to give you divorce is in fact the “power” which can be used as he sees fit.

The main reason a judge will refuse to grant a divorce is the wellbeing of the children. If there are children in the family, the judge needs proof that they are adequately provided for. Financially, if the union does not provide satisfactorily for the children, the divorce will be on hold. Until support arrangements are in place, The judge will not grant the divorce. Once they are in place, your divorce should go through.

Fraud

It is more unusual for a divorce to be denied for reasons of Fraud, but it happens. For example, the couple may transfer all their debts into the wife’s name. He may open accounts no one knows about. He may try to hide money and take advantage of the system. But, our legal system has seen these things before and they do not take them lightly.

Normal Divorce

In the vast majority of cases, the spouses are normal people who have simply grown apart. They may even be spouses who broke their vows and made mistakes against their partner. In the best of circumstances, they are dissolving their marriage just because they have changed. They will ask for a divorce, and they will get it. They will suffer the pain and guilt that we all do. They will have trust issues and they will have to find a way to begin life again.

Lawyer up

The first group of people described in this article will have attorneys. They could be facing some tough ground to cover. But even for the normal family, lawyers are needed. They have clear minds, and they are not led by emotion. They want it to be fair.

A divorce attorney knows how to look out for your future. In your pain, you may not care about 401K, retirement, insurance, and who gets the dog. But they will care. Let your attorney fight the battle for you. There are programs for people like you. Your attorney knows about them. Let the attorney work out all the details. The more you fight with each other, the worse you look to the judge.

Be willing to work it out

Unless there is a very good reason, be the kind of parent that wants your children to have a good relationship with both parents. If your spouse stepped out on you and was caught in the arms of another lover, that is shocking and shameful. It proves he or she did not honor their vows. It shows there is a chip in their moral compass. It does not show they cannot be a loyal and loving parent. You have no right to say that mistake costs them their rights.

It would take something rather serious for a judge to require two adults to remain married when they are requesting a divorce. Remember, a judge sees divorce cases all day long. He (or she) is not picking on you. If it turns out that the judge sees something that doesn’t add up, and by delaying the divorce, he can correct it, you will be very lucky indeed. While this is inconvenient, trust that he has the best interest of the children at heart. Listen and obey. Your divorce will happen. By following the guides he is handing you, it should happen seamlessly and safely. And in the end, that is what is best for everyone.

Prepare for your divorce – Your Spouse Is Not a Financial Plan

Spouse

Usually, a person will think about filing for divorce for a long time before they take action. Sometimes they feel something in the air from their spouse and they know something is different, but they get hung up on the feelings and do nothing to address them. In some cases, spouses wait months and even years to get a legal divorce. Regardless of the reasons, during that time, they should be preparing for the divorce. No matter who you are, a divorce will change your life.

Below we are going to give you some tips on a few things you need to have established before going to court. These things may make you uncomfortable, but your stability and the financial stability of your children are at risk. When you go into marriage you establish your ground rules for love. When you go into divorce, you are taking care of business. In a good business transaction, everyone walks away with a fair settlement.

Do not assume your spouse will be fair

You cannot assume your spouse will be at their best. Since the beginning of your marriage, you (probably) have invested in your future together. Regardless of who earns the most income, who had the best benefits package, and who has the best retirement to invest in. Now, everything will be looked at by others and dissected. Lawyers and judges are going to tell him or her what is fair and begin to slice into the investments that you worked so hard to build. They may feel offended that you do not “just trust them” to do the right thing.

Prepare for the worst

Before we get to the “easy” stuff, let’s just tackle the hardest one. Prepare for the worse. During a divorce, it is not uncommon to feel every emotion known to man. This includes:

  • Grief
  • Fear
  • Anger
  • Pride
  • Love
  • Hate
  • Sadness
  • Anxiety
  • Panic

Sometimes these things are experienced in one day. So, you talk to your attorney and have a worse day conversation. What if your ex spouse remarries they day after the divorce, takes off to a remote island, and refuses to speak to you or pay for his obligations? Let your lawyer know your concerns and he will explain your options and calm your nerves because he has answered these questions dozens of times.

Quiet Preparation

Even though you are not running from abuse, there are some great ideas on this site that you can use. While some of us consider control abuse, in this instance it doesn’t matter. Take the advice and disregard what doesn’t fit. Be very careful with your to-do list. Keep the information confidential. This is important. Do not tell anyone what you are doing. Many people have been blind-sighted because they shared their plans with a best friend who told their husband. Divorce is a situation where people take sides.

Step 1- Inventory

The first thing you are going to do is take inventory of your situation.

  • Did you stop school before getting your degree in order to stay home with the family? Will you need additional training to get a (better) job? Document what kind of training, how much it costs, and how long it will take to get.
  • Did you inherit any land or property? Get copies of all of the paperwork that went with that transaction. This will prove that it was yours and part of the marital property.
  • If you need clothes, shoes, or coats, purchase them now. Check the children’s wardrobe too. Be sure they have enough clothing to get through the next season. Include sports uniforms. If you want to keep this to yourself, order the clothes a bit bigger and on the internet. You can stash them in another room until it is needed to reveal them.
  • Call the attorney and ask what he needs. Just as every state has their own rules.

Step 2 – Health

  • Take each child in for a complete check-up. Ask for a copy of their medical history. There should be one copy for each parent. The records should include the doctor’s name, address, and phone number. This tells the judge that the children’s health is your priority and you are working with your spouse to ensure their safety.
  • If the children need braces or any other temporary treatment, take care of that now. If you have been putting off getting a check-up or a procedure done, do it now while you have good insurance and no question on how long you have been covered.

Paperwork

  • Budget
    • Prepare a budget as exactly as you can. Pay attention and make notes for a while. If you were taken out of the house today would you be able to find a job, pay the rent, electric bill, internet, cleaning people, buy food, clothes, and pay for transportation? You have to show that to the judge.
  • The attorney will need the last 5-years tax papers you filed.

All these preparations show the court that you are reasonable. You want everyone to walk away with an equal share of the assets. The most important people are the ones who had no say. The children did not ask to be part of this union so they should have the best from both parents.

Getting a headstart on these things gives you time to work carefully and honestly and that helps you come out a winner.

Should Couples Seeking Divorce Wait Until Covid-19 Is Over?

Divorce

When we find a person that we feel is our life-long partner, we marry them. We stand before our friends and families and share an oath to be with them for the remainder of our lives. Some of us go on to have children and grow the love we have for one another. We believe we will be together forever and divorce is not an option.

In some cases, our dreams do not come true. Sometimes, we grow in different directions. Sometimes, we lose our passion for our partner and fall in love with someone else. When this happens, we usually file for divorce. While we feel a divorce is an emotional, ethical, and moral action, in reality, a divorce is a legal action. It is a contract, designed to dissolve a previous contract (the marriage.) Therefore, your divorce requires the assistance of an attorney.

When Disaster Strikes

The primary goal of any marriage is to build a family. Each member of the family works to protect, and serve the others. In 2020 the world has faced a world-wide pandemic. Coronavirus  has killed hundreds of thousands of people all around the world, with no end in sight. Foods and other critical supplies have become in short supply. People have lost jobs in huge numbers.

Finances During a Divorce

When a family divorces, money has to be divided. It is difficult to split the home, bills, children’s expenses. To do that during a time when wages are being slashed, food is in short supply, families are losing. Common sense dictates that all resources are kept together and utilized, The resources are pooled and the needs of the weakest are as strong as the strongest.

Sometimes this  is the only way to get by.

Attorneys  are going to great efforts to create fair and legal agreements to contracts that will work well to protect the assets of the families so the divorces allow all members involved to begin on a level playing field.

It is a WE world

As societies mature and grow, people tend to become “Me” people. We want everything that fits us best, We want:

  • Our best education
  • Our career
  • Our dream job
  • Our beautiful home
  • Our talent
  • Our success

But, when we experience a massive catastriffy like a hurricane, tornado, pandemic, or worse, we quickly find out that the “Me” mentality will leave you hungry, hurt, and hopeless. In order to survive, we must adapt to a “We” mentality.

If you are in the throws of a divorce

This is common sense but it is worth saying.  Judges do not look kindly on people throwing money around with the economy of the nation and their very family in danger of poverty.

We share with our neighbors. We pull together to get by. We pull together as countries, nations, continents, states, towns, neighborhoods, and people.  We share resources, data, information, and research.

Parents, Neighbors, Teachers, Adults, Officers

We have lived in a world where we try to stand back from children. We are so afraid of being accused. But now, we are going to have to step up. Carry your phone with you, film what looks odd, take pics. Ask questions. Take pictures of trucks that look odd. Look, listen, ask, and help these kids.

In all divorces, parents should remain calm. Calm parents allow children to remain calm. Parents are teaching children how to get through in all situations. Married or divorced,this is your job.