December 5, 2013
People go about obtaining Divorce records the same way they would with any other vital records. Located in the vital records office in the county courthouse where the divorce was settled, the divorce records are generally easy to access. Depending on the state or county where the divorce was settled, the Strom Law lawyer or attorney responsible for the divorce case gives a copy of the Divorce records to the former couple and also keeps one for his or her own records. As a result, it’s easy for the lawyer or attorney to look up information about the divorce should the need arise. Some people prefer this option because they end up with a tangible copy that they can hold in their hands. Not everyone can receive a copy of divorce records from a courthouse though, only a few people are granted that permission, including the former couple and any person who has a court order that grants them permission to receive a copy.
December 5, 2013
There are many things you can do to avoid an all-out war in divorce court. Here are 6 tips to keep in mind even before hiring a lawyer ( but they may not be useful if there are issues of domestic violence in your case):
1. Understand that information is key. This applies to not just the information on financial issues or basic facts, but also to information on the divorce process and alternatives to fighting in divorce court. Get it while you’re not under the financial and emotional stress of a court case; you might be able to use it to make peace somewhere along the way.
2. Depending on your relationship with your spouse, discuss with him or her which approach you want to take first: mediation, mediation together with a lawyer for each, or just get separate lawyers. The chances for each of you to be satisfied–not happy, just satisfied–are better and will cost you less if you try either of the first two options before getting.
3. If you have children, speak with your spouse and try to get him or her to keep them out of the divorce. This means not using the children as weapons against each other and always trying to think of what’s in their best interest.
4. If you’re going to hire a lawyer, get referrals from your friends. Then, see at least three lawyers before you hire any one. Understand that a lawyer is there to help you and guide you, but you are always the one in control of the decision to fight or settle some or all of the issues at any time.
5. Finally, if nothing works and you end up fighting it out in divorce court, try to make assessments as often as you can to see what can be settled, and what must be decided by a judge.
6. If things become too much for you and your children, consider getting counseling for you and them. Divorce, even the friendliest one, is usually emotionally difficult.
These tips are not a guarantee that everything will be smooth sailing in your divorce. But staying aware and involved in the process will lessen the frustration and hurt that could cloud your judgment to help you resolve the situation, not to mention that it can also save you money.
December 5, 2013
Divorce and annulment are the same thing. Well they both are the end of a marriage, but they each have their own ways of ending things. Divorce tends to be a bit more complicated than annulment, but could make more sense for some marriages. Are there restrictions in getting an annulment?
Annulment is a legal way to end the marriage, in a sense making it seem that it never happened in the first place. It effectively erases the marriage making it never valid. It can be initiated by either the husband or the wife and they must prove they have valid reasons for ending the marriage and the means of proving it.
Some reasons that must be proven to be able to annul a marriage are:
Bigamy: that one party is already married to someone else, without the other partner’s knowledge.
Forced Consent: One partner was forced into the marriage under threat or duress and wouldn’t have married their partner otherwise.
Fraud: One partner misrepresented themselves making it appear they were someone they were not.
Marriage Prohibited by Law: Marriage that is illegal to enter into such as with a relative making it incestuous.
Some other reasons are: mental illness or instability, inability to consummate the marriage and underage marriage. Annulment is easier to obtain once proving any of these reasons and somewhat cheaper.
Divorce is more complicated and is the legal ending of a marriage – allowing both parties to remarry. Divorce is not wiped off the records and usually there is property and children involved.
Property division and child custody as well as settlement issues are all a part of the divorce process. Knowing each state’s law on divorce is important to having an easier one. For example some states are ‘fault’ states and others have ‘no-fault’, understanding the differences of these will be a good starting point.
A no-Fault divorce is where no one accepts the blame for the marriage dissolving, and a Fault divorce is where one of the spouses is considered to blame. Of course in this case, this must be proven.