Divorce R Us - Advice and Comment about Divorce

Divorce. What to do about the house, the kids, and the dog. All kinds of stuff about divorce, including do-it-yourself divorce info.

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Wednesday, March 30, 2011

Maybe It's a Divorce Without Children, but Who Gets Custody of the Pet?

When it comes to tips and information about divorce, we hear a lot about property and children. However, many people assume that the custody of their pet(s) is a foregone conclusion.

Not so fast, Skippy!

A common problem, even in a no-contest divorce without children, both participants want the pet, or not. This is something which needs to be thought about.

The following article explores this problem.

Getting Custody of Your Pet in a Divorce
By Kristie Brown

During a divorce settlement, the courts make decisions about which spouse is going to get what assets. You may have already known that, but did you also know that your family pets are considered nothing more than part of your belongings? It doesn't matter how many years you've had the pet or how much you love it, the court sees it as just one more article to divvy up between the couple. It may break your heart to know that you could lose your beloved pet along with all the other things you'll be losing, and you might even consider trying to save your marriage rather than let it go. There are, however, some things you can do to get custody of your pet if you do get divorced.

You need to make it a point to discuss your pet and your feelings for it with your lawyer. Tell him such pertinent facts as that the animal belonged to you prior to your marriage or that you were primarily the one who cared for the pet. These kinds of things will make it more likely that you'll be awarded possession. By telling your lawyer just how much your pet means to you, he'll be sure to prioritize it as something that should be granted to you. If the pet happens to be a stud animal or a show dog or cat and you make an income from it, then request that your lawyer bring it to the judge's attention that this is a more valuable pet than the norm.

Ideally, you and your soon-to-be-ex-spouse will be able to work out the pet settlement on your own without the court's intervention. Rather than being spiteful with each other, talk the situation over rationally. Has the pet belonged more to one of you than the other? Should you arrange a visitation schedule? Who will have custody of any children in your relationship? It only makes sense that the parent with the children will also take the pet. In addition, if you have more than one pet, don't think that it's a good idea to divide them between the two of you. They need to be together just as they've always been.

Think of ways to demonstrate to the court that you are the one who will be able to give the pet the best care. Describe the arrangements you've made in your home, the amount of time you have to spend with your pet, and the type of care you've been giving. Your vet may be able to attest to the quality of the care you've given the animal to date. Even if you can't save your marriage, you may be able to end up with the companionship of your cherished pet.

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Article Source: Getting Custody of Your Pet in a Divorce
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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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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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