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Wednesday, July 21, 2010

Divorce Laws Around the World

By David S Caldwell

Before the introduction of no-fault divorce 1970s, divorce in the United States and many other developed countries could be a difficult process. Back then it was necessary for one spouse to be at fault for some kind of wrongdoing, such as adultery. If no wrongdoing was involved, it was necessary to pretend something had happened. Fortunately the laws have changed, but there is still much variation in divorce laws around the world.

There are still many countries where divorce is not legally recognized. Although most industrialized countries around the world permit divorce, there are a few surprising exceptions. For example, it is far more difficult to get a divorce in Ireland than most other Western European countries: divorce only became possible in 1995, and even still two spouses must be separated for four of the past five years before they can divorce.

In Pakistan, although divorce is a legally recognized practice, the laws are designed to discourage divorce as much as possible. As a result, the divorce process is longer and more complex than in most of the industrialized world. Rather than simply submitting some paperwork, the husband must declare his divorce in front of witnesses and submit written notices to the government and his wife. The spouses must then wait at least 90 days and appear before an arbitration council before it can be final.

Divorce laws in Japan are very permissive and similar to those in most of the Western world. In particular, divorce in Japan does not require any official legal approval at all. Two spouses only need to consent to a divorce for it to be enacted: it is not necessary to involve lawyers, courts, or arbitration. Similarly to other industrialized countries, two spouses need only fill out a form with two witnesses and submit it to the local registry.

If you and your spouse live in the United States, you have the option of getting a no-fault divorce. No-fault divorces are a quick and straightforward way of ending a broken marriage, giving both of you the opportunity to begin anew.

If you are considering a divorce, visit the website of the Oceanside divorce lawyers of Fischer & Van Thiel, LLP for the legal assistance and information you need.

Article Source: Divorce Laws Around the World
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Tuesday, July 20, 2010

Money & Divorce

By Donald Farber

Divorce is never pleasant as it typically brings out the worst in people. Neither party wants to take responsibility for the failure of the marriage and often try to finagle more money from each than they deserve. Be sure that you get the best advice as to your finances when you are thinking of divorcing your partner.

Your Home

It may be necessary to refinance your present mortgage when you are divorcing. There are plenty of mortgage lenders that don't consider child support a legitimate form of income. This can cause big budget problems as usually one partner remains in the matrimonial home with the children for a number of years and must keep up current mortgage payments.

Changing the Settlement

Even if you have both signed a financial agreement and your divorce or separation is in affect, the matter may not end there. Many times financial situations change over the course of time and you might need to revisit any agreements or orders especially if they link with maintenance.

This can affect not only the receiver, but the partner that is paying as well. Many orders that are deemed non-clean breaks typically have a clause that allows for a variation of an order within a given timeframe.

Guaranteeing that Agreements are Carried Out

Lots of people ignore and delay signing and carrying out any agreements that have been set. You may need to use enforcement proceedings in order to get the other to comply with said agreements. If your partner is delaying signing, the court will allow a judge to sign instead if a signature is not on paper in a given time frame. A judge may also sign when the other party refuses or delays in signing in the case of property sale.

Many times the payer will not pay the agreed upon amount for maintenance. The party that receives the maintenance can register an application with the Magistrate's Court. They will then deal with the defaulter by summons and can also go as far as allowing an Attachment of Earnings Order against their salary and wages.

After You Sign on the Dotted Line

Once your divorce is final or your separation papers have been signed, you don't have to worry that the agreements in place are set in stone. Many of the agreements and orders can be modified in the future to address new circumstances in which either party may engage. It is a sad fact that not every marriage is forever after, but it is important that one keeps a clear head about financial matters. Be sure you retain a knowledgeable lawyer or financial consultant to advise you in matters concerning money.

You can easily find a reputable lawyer to represent you by going online and doing a search or asking friends and family advice about whom you should use to represent you. Don't make foolish mistakes and take less than you deserve. Speak with a divorce lawyer as soon as possible so that you get what is due to you.

Donald Farber writes for the cheap life insurance website, LifeCover.ca. He is interested in [http://www.lifecover.ca/whole-life-insurance]whole of life assurance and other topics relating to this industry in Canada. If you have a question for him please visit his website for more information and drop him a line if needed.

Article Source: Money & Divorce
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Monday, July 5, 2010

Divorce - When Children Are Involved

By Kim Duffy

We all know that kids often get a raw deal when their parents divorce. But some do seem to adjust more easily than others... What's the difference? There are plenty of reasons. Some children are more adaptable to life's challenges in general, and others may be more prepared for the split, having noticed ongoing problems for a while prior. Regardless, the single most important factor in determining the level of post-divorce adjustment for children is the duration and intensity of overt 'conflict' between parents.

Obviously the ideal situation would be one where amicable discussions take place between parents, with the best interests of the children as a top priority. But we all know this isn't always the case. When dealing with separation and divorce involving children, the golden rule for parents should always be: *Love your children more than you hate your ex.* This means that when kids are around, it is vital that parents put their emotions aside and suck it up with as little drama as possible. Save the blaming and name calling for an adult conversation later on. Don't ask a child to play messenger or grill them for a play-by-play of what took place elsewhere. Adults can't avoid the pain of divorce, and neither can the kids. But parents can be sensitive to their kids' feelings, and minimize the amount of suffering they have to contend with. Remember, just because yours was a lousy spouse doesn't mean he or she is also a bad parent.

Even after divorce, it is possible to have happy, healthy, functioning kids. At any age, children experiencing the divorce of their parents will need more consistency, affection, assurance that their parents will always be there for them, and to know that they are not at fault. Parents need to be as honest and open as possible from the outset, without divulging too much information. Kids may think they want details, but they don't. What is shared should be on a need-to-know basis, and although parents may not have all the answers right now, it's important for kids to know that they (parents and kids) will be okay. Kids tend to be resilient and adaptable. Most will accept the idea of living in two homes and make the best of it, despite the inconvenience...even more so if parents refrain from pointing out the negatives. Some may even see an upside to this arrangement!

What parents can and should always do is to take responsibility for their own emotional health. No one said that playing the vindictive ex or acting as a martyr are the only options available. How about being a role model for proactively moving yourself toward a better future in the face of adversity? What a wonderful life lesson for a child! Parents should ask for help if they're struggling...but not from the kids! Instead they should seek 'grown up' support from a family member, friend, therapist or Life Coach!

Yes, we know...it wasn't supposed to be like this. But this is the new reality, so the faster everyone gets on board and looks toward the future with a better attitude, the more tolerable it will be for all involved. Healthy, positive action from both sides is best, but even one parent's efforts alone will make a difference in the life of a child. The overall financial and emotional damage experienced by the adults involved can also be minimized. Whatever the case, in working through this difficult time, try to keep it positive and be sure to put the children first!

Kim Duffy, MA

Life & Success Coach http://www.InTouchConsultingServices.com

Article Source: Divorce - When Children Are Involved
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