Saturday, May 30, 2009

How to protect yourself from divorce

Our Prenuptial ShotsImage by GianCayetano via Flickr

When you learn that you are going to be getting divorced, it may be have been coming for a long time or it may come as a complete surprise. Either way, there are certain things that you can do for yourself, your children, and your finances. This does not mean that you have to take all of your bank accounts and all that you have and wipe them out.

You have to take the responsible interests throughout the marriage so that you can protect yourself and all that you before and after if the marriage ever dissolves. There are ways that you can act reasonably while you are protecting your interests. These are only precautions that you will need to take care of if the divorce is not being ended amicably.

Depending on how well you and your spouse can get along at the time of the divorce, you may choose not to act on some of the suggestions that are given. You may decide that you and your spouse can work arrangements for everything without arguing. Whenever possible, try and make everything go as well and as easy as you can.

You should always get an attorney when you are heading towards divorce. They will make sure that you are taking the necessary precautions so that you can protect what you have and all the assets you have accumulated during the marriage.

Try and protect all of your own personal property that you have accumulated over the years. You need to move papers and documents so that you are the only one that knows where they are. If you must present them at a court hearing then you must do so. However, you need to make sure that you can keep all of your valuables safe so that you have a better chance at keeping them throughout the divorce.

Once of the best things that you can do before you decide to get married, is make sure that you know the person. Get to know them for a long period before you decide to take the big step into marriage. You have to be able trust so that you can feel good about marrying them. Have a long engagement so that you can see if the person changes any. If so, you may want to get out of the relationship before you decide to marry. This could be the best thing for both of you.

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Thursday, May 28, 2009

Divorce Rights - Can one spouse prevent a divorce from happening?

Divorce PapersImage by maethlin via Flickr

If one person does not want to get a divorce, but one party in the relationship does and it is a no fault divorce, then the spouse cannot stop the divorce. This is called an irreconcilable difference and is a justification for divorce.

A spouse can prevent a fault divorce by convincing the court that he or she is not at fault. This is something that they would have to prove and it is up to the judge to decide. There are other additional ways to defend a divorce from happening may also be a choice for some situations.

If a person who condones that a spouse is having an affair files for a divorce, the spouse may contest the fault divorce by arguing that the spouse knew of the affair and condoned the action. This is one way for a person to defend himself or herself in court.

Connivance is the setting up of a situation so that the other person commits something to jeopardize the marriage. One type of situation to explain is if a women sets up her husband in situation where he is alone with his mistress. This is known as a set up and it is an argument that one can make in court to defend their actions.

Provocation is the inciting of a spouse to do a certain act. If a spouse is suing for divorce and claims that the other spouse abandoned them, the other spouse might defend their suit because they were provoked by the abandonment. Collusion is if a couple lives in a state where no fault divorce requires that the couple separate for a time and the couple doe not want to prolong the situation. This may lead the couple to mislead the court and pretend that one of them was at fault just to get out of the marriage.

These above defenses are not usually used for a few different reasons. Proving a defense may require witnesses and involve a lot of time and expense. Your efforts will usually bring nothing to the situation. Chances are that a court will eventually grant the divorce. A person should not have to stay married if they do not wish too. The law is designed to give people the opportunity to get out of the marriage if that is what he or she really wants to do. If you are involved in a marriage that you don’t want to be in any longer, the process can be hard to get through, but you can make a divorce really happen, and put an end to the marriage.





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