Saturday, November 13, 2010

Saturday, November 6, 2010

Utah Divorce and Self-Representation

The State of Utah has a high rate of divorce cases with parties not represented by an attorney. Looking at the statistics provides some insights that may help explain this.

Residents of Utah are no less divorce prone than those of any other state. The Utah divorce rate is at least 4.3 per 1000 which is actually higher than the United States divorce rate of 4.1 per 1000. The median age at divorce in Utah for first marriages for husbands is 31 and for wives, 29.

According to statistics from 2000, in Utah over ten thousand children were affected by a divorce that year. This number has since increased significantly.

Statistics from 2000, which is the most recent available data, show that 50% of Utah divorces happen within the first five years of marriage. In Utah, 18% of divorces occur during the first 12 months of marriage.

So why do many parties in Utah choose to go without representation? One possibility is that children and custody issues can add complexity and expense to a divorce case, making it unaffordable for some. Also, in Utah, many of the couples are young and have not been married long enough to reach their most productive money earning years, and are unable to afford legal representation.

This year, the Utah courts have been trying to figure out what number of divorce cases have parties unrepresented by counsel. Estimates are that at least one party does not have a lawyer in 70% of the divorce cases in Utah. Judges are encouraging lawyers to do everything they can to provide help to litigants who are tempted to go forward without the advice of counsel.

Judges and commissioners now have to handle higher caseloads due to funding cut-backs for the Utah court system, and are receiving less administrative help than before. This makes dealing with self-represented litigants even more frustrating as the lack of proper arguments and procedures decreases the efficiency of the courts.

Many Utah law firms have responded to this call by offering free consultations or allowing clients to hire the attorney for bits and pieces of the litigation when the help is strongly needed.




Some firms are offering both, such as Long Okura, P.C. in Salt Lake City, Utah. Consider getting help before you walk into court without a lawyer.

Rebecca Long is a Utah divorce attorney.

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Thursday, November 4, 2010

Property Division in a Divorce

Property Division in a Florida Divorce

If a couple can't agree on how to divide their jointly owned property themselves, the dispute of dividing property is brought before the court. The laws of divorce and property division vary depending on which state you live in. In the state of Florida, property division is decided by the court on the basis of equitable distribution.

"Property" in legal terms refers to anything that is jointly owned in a marriage, including but not limited to: houses, vehicles, land, material possessions, assets, earnings, and debts. If you and your spouse can not reach an agreement regarding the division of your property, you should seek legal advice from an experienced divorce lawyer with property division expertise.

Equitable Distribution of Property

Any property that a couple jointly owns is subject to equitable distribution at the time of a divorce. In most divorces, almost all property is jointly owned, with the exception of explicitly separate accounts that are owned by one spouse only. Equitable distribution of jointly owned property implies that the property is divided fairly. It does not always mean that the property is divided equally. Differences in wage earnings between spouses, for example, may factor in to how exactly the court distributes the property.

Avoiding Fraud in a Divorce

With all of the emotional baggage that a divorce often brings, it can be difficult to sort through all the legal details of a divorce. It can be especially hard to remember every single piece of property that you and your spouse share. Forming a spreadsheet of jointly owned property, divided by category, is a good way to record any and all property that you have. An experienced Florida divorce lawyer can help you recall and list all of the property that you jointly own to help ensure that you get all of the property to which you are entitled, including assets and earnings.

It is illegal to withhold property during a divorce to prevent it from being subject to equitable distribution, but attempts by one spouse to defraud another are not uncommon. Skilled divorce lawyers that know the details of relevant tax and business law can sit down with you and help sort through any relevant documents to help your case. Solid legal expertise can be extremely helpful when sorting through the complex property division process.

Contact a Florida Divorce Lawyer Today

Don't leave yourself vulnerable to unfair property division. For more information regarding Florida property division, please visit the website of aggressive, compassionate property division lawyers at the Schlegel Law Group here.




Joseph Devine

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Monday, October 18, 2010

Same Sex Divorce

Although many states do not recognize the union of two individuals of the same sex into a marriage, many such couples do exist, and depending on their state and local jurisdiction, they can file for benefits for domestic partners, civil unions or possibly even get married. Also, such couples still require judicial input if they are to split up, and do not have clear guidelines to divide their assets. As such, an attorney will be of great value, as he/she will use legal concepts and reasoning that is likely to persuade a judge of considering your needs.

Some of the assets that might be split up in the proceedings

Refinement of the law through legal precedent will allow more couples to determine going about splitting up their assets. The following properties are typically considered to be marital properties in divorce cases, and a judge presides over the distribution of such items:

  • Residential properties and land

  • Pensions, retirement accounts, or other savings accounts on which both individuals were depending

  • Valuable collections and equipment

  • Insurance policies

It is advisable for you to speak with an attorney before entering into any agreements. A court might look at the following needs to determine appropriate separation agreements:

  • Resolution of debts jointly undertaken by the couple

  • Custody of children

  • Age, occupation and earning capacity of each individual

  • Tax consequences of property arrangements

As you can see, these issues are relatively new, and certainly require strong representation to ensure that your rights are safeguarded and that your needs are met. An attorney will discuss your goals, review your financial situation, analyze any tax statements, account information and business documents to help you determine a way to meet your goals. 

An experienced Same Sex Divorce attorney of Eric N. Klein & Associates will help you categorize your contributions to the relationship, ascertain the value of your contributions, and help you seek the maximum amount you will need after your separation.




James Witherspoon

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Sunday, September 5, 2010

St. Paul, MN Divorce Overview | Krug & Zupke

St. Paul Divorce Lawyers Minnesota Family Law Attorneys. Free consultation for Divorce, Custody, Maintenance and all other family law related issues.



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Tuesday, August 24, 2010

Strange Divorce Stories

Over the years there have been some strange stories of divorce, including some humorous reasons why people are seeking a separation from their partner. Here are some of the strangest divorce stories.

STRANGE DIVORCE STORIES

We've all heard of couples splitting their assets after a divorce. But most don't split them quite as literally as a couple in Cambodia in 2008. With some of his family and friends, the husband, who suspected his wife had been cheating on him, sawed their house in half.

A woman filed for divorce because her husband was eating too much. She claimed that by doing so he was committing a crime, and she didn't want to be his accomplice.

A man filed for divorce claiming he was allergic to his wife's sweat. When tests were performed it proved to be untrue.

In Long Island in the United States, a man filed for divorce claiming his wife had threatened him with a Samurai sword. Bizarrely the court did not deem this serious enough to grant the divorce for this reason, but did on other more common grounds.

In Saudi Arabia a man divorced his wife immediately after their wedding ceremony because his new wife's (and soon to be former wife) brother took a photograph of the couple together. No entirely sure why he had an objection to this.

A Saudi Arabian woman filed for divorce after her new husband left her at an airport because she'd been on the toilet for too long. The couple were returning from their honeymoon in Malaysia when he returned home from Kuala Lumpur airport because she had been in the bathroom for too long. I'm not sure how long constitutes too long and an acceptable reason to leave without her.

STRANGE DIVORCE CUSTOMS

To get divorced Eskimos simply have to stop living together and they are no longer married. Now that's a lot simpler than our way.

Divorce can be difficult for Aboriginal women in Australia. She must convince her husband to agree and divorce her. There is one more simple way out though - marry someone else. They are able to do this even when already married. This will simply dissolve the existing marriage.

Divorce was very much a family thing in ancient Chinese times. It was usual for women to leave their families (and no longer have contact with them) when they married and become part of their new husband's families. If women wanted to divorce they could only do so if their family would agree to take them back. If he wanted to divorce though, a man needed his family to disapprove the behaviour of his wife. However it was simpler if he was divorcing on the grounds of adultery.

In ancient times in Turkey men had to agree to provide coffee for their wives. If they failed to she could divorce him.

Andrew Marshall (c)




Family Law in Partnership are a Family Law Solicitors who offer clients an ethical approach to their divorce or separation.

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Sunday, August 22, 2010

Divorce Tips For Men - Tips to Help You Find a Good Divorce Lawyer

Getting a divorce is not as complicated as one would hope if one employs the right kind of lawyer. Not only should you employ someone who understand the many nuances of this type of legal proceeding but who will work well with you and for you. In this article we offer some divorce tips for him when looking for the right sort of divorce lawyer.

Tip 1 - It is important that you choose a lawyer who will remain calm and help you to remain calm during what is going to be a very stressful period in your life. So make appointments to meet with the lawyer you are considering employing to see what sort of personality they do have. This way you will be able to see if they really are going to be working for you to get the best settlement possible as they are willing to spend time answering any questions that you may have. This will help you then to understand how the whole divorce process works.

Tip 2 - Along with your lawyer understanding all aspects of divorce law you need to employ one who is going to be completely honest with you. This way they will be able to provide you with a better idea of what the likely outcome for you is going to be in relation to your divorce. They will be willing to admit to you if certain requests that you are making are unreasonable and could end in an unfavorable outcome for you.




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