martes, 15 de febrero de 2011

Understanding Divorce

Understanding Divorce  

  As a word, divorce is easy to understand, and has become a common part of modern day vernacular. But the practical and legal realities of the act of divorce are much more complicated. Divorce dissolves a marriage, however there are a number of other separate considerations - such as property settlement and parenting arrangements - that make the separation process more complex.
If you're considering divorce or are interested in learning more about the actualities of the decision, then here's a quick rundown of what to anticipate.
- How do I get a divorce? In order to obtain a divorce, a married couple must have been separated for 12 months or more and one party to the marriage must believe that the marriage has irretrievably broken down.
After 12 months of separation, one spouse can file a divorce application in the Federal Magistrates Court of Australia. Once filed, the application is then served on the other spouse. A hearing date is set usually four to six weeks after the application has been filed. Often the divorce lawyers alone will attend the hearing, where a Divorce Orders is granted. The Divorce Order takes effect one month after the day it is made. Once the Divorce Order takes effect, the marriage is officially dissolved and the parties are free to re-marry at any time in the future if they so wish.
While the marriage is then officially dissolved, it is often property settlement, child custody and and parenting arrangements that complicate and lengthen the separation process.
- Property Settlement. Property settlement involves the division and distribution of assets of a marriage following separation. Property settlement can occur either before a divorce is obtained, or within twelve months after a Divorce Order takes effect.
If a property settlement cannot be resolved out of court, the Family Court of Australia and Federal Magistrates Court of Australia have the power to decide on those settlements. After establishing what property is available for division between spouses, the Courts consider the financial and non-financial contributions of both parties (including homemaking and parenting contributions), and factors relevant to the future needs and circumstances of each party.
Parenting Arrangements Family and child custody lawyers can advise on and formalise parenting and custody arrangements for children following the separation of parents, and in other circumstances. Should parents and other carers not be able to reach agreement about the parenting arrangements for their children, parenting issues can be decided by the Court.
Court decisions will be made in the best interests of the relevant child, even if they conflict with the wishes or desires of the child's parents, or other carers.

miércoles, 19 de marzo de 2008

Quick Divorce

quick divorce

Quick Divorce in the Dominican Republic is available to foreigners or Dominican citizens residing abroad, when both spouses agree to file this divorce before Dominican Courts. This procedure is very simple and only requires the attendance of one of the spouses during the hearing which takes usually less than half an hour and you can leave Dominican Republic the same day in the afternoon. It takes ten to fifteen days to obtain your divorce decree, which is to be sent to your home or office by courier (DHL or FedEx).

Quick Divorce
The parties should sign a settlement agreement revised by an attorney in their jurisdiction in order to confirm it complies with spouses local laws. This document should include spouses complete data, a list of property, or statement of non-property, the statement regarding minor children and support agreement, your desire of divorcing before a Dominican Court and the authorization of one of the spouses to the other to attend to hearing on her/his behalf. The settlement agreement can be drafted by an attorney in your jurisdiction Our firm also provides you with a Special Power of Attorney authorizing us to proceed on your behalf. Both these documents settlement agreement and power) must be signed by the parties before the Dominican Consulate nearest to your jurisdiction. A detailed instruction on legalization is to be provided to you when instructions to proceed are received.
Getting married doesn't usually include the out plan. However, more than 50% of all marriages end up in divorce. A Lawyer is really are only needed when there is something contested or when children are involved.
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This is because there are things that must be legally decided on when it comes to custody of children, child support, and visitation and of course someone to assist in fighting for your rights. If however you and your spouse can agree on wanting the divorce and the division of property you can simply consider filing the divorce yourself leaving only the filing fees as the expense.
Remember if you're filing for yourself there is no one representing you or your spouse so the both of you must agree on everything and all issues need to be resolved. This means that there must be agreement on division of assets, what will go to who if things are being kept, who will sell what and how it will be divided as well as who will be responsible for what debts if there are any.
Quick Divorce uk If there are children in the marriage everything needs to be decided for them as well and both parties must agree that everything in the settlement including visitation, custody, division of assets and property, settlement of debts and child support are fair and reasonable for both of them. In other words, both parties within the divorce must agree to all aspects of it 100% in order for you to be able to do a do it yourself divorce.
Keep in mind that just like with a divorce that is done thorough the use of attorneys you will need to have everything put down in writing in order for it to be legally binding. This is essential if you are going to have a do it yourself divorce that will not end up having contested aspects later on.
Also keep in mind that you can not just type something up on your computer and send it in as a divorce filing. You do have certain forms that must be filled out. These forms may vary based on location and once you have started your filing there will be deadlines and other criteria to meet.
These forms are going to be usually a part of a divorce package or you can check with the county court as they may provide all or some of the paper work that you need in order to accurately file your divorce.
It is also important to make sure that if you are not positive on what you need consult with online resources, many government webpages now have documents which list what you need in order to successfully file most legal actions.
You may also want to consult with e-books or other resources before visiting a lawyer. While some lawyers are willing to do consultations at no charge for uncontested divorces it is usually best not to involve a lawyer at any point.

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