Tuesday, September 29, 2009
How Do I Get Back With Ex Husband
If you went to a therapist after your divorce and asked how to get back with your ex one of the first things they would probably do is ask you why you wanted to take them back.
That is a good question. If you have had time to honestly evaluate your marriage and have come to the conclusion that you ended it too soon without trying hard enough to save it then that's one thing.
But if you, like so many others, are just now facing the fear and uncertainty of being newly single and are starting to think being in a bad marriage is better than being alone you really need to find some help to get over the feelings of loneliness and depression before you do something you'll regret.
If you're positive that getting back with your ex is the best thing for both of you, here are a few simple steps you can follow:
1) Try to talk to him. Not yell or nag, but talk. And listen. Try to honestly and maturely discuss why the relationship ended. What misunderstandings took you so far away from one another.
If the two of you can honestly discuss how you're feeling, without recriminations, than you might actually see that you're not that far apart after all. You have just been coming at it from opposite directions.
2) Take some time to honestly evaluate what part you played in the deterioration of your marriage. No one is ever completely blameless. What was your part and are you willing to change whatever behavior it was that contributed to the breakup?
3) Try to find resources that will help the two of you communicate. So many couples just have a hard time expressing themselves and listening to their partners. If you can find a way to work around this you might have a shot at not only getting back with your ex but also of making your marriage what you'd truly like it to be.
Divorce is one of the ugliest and most difficult things we can go through. If you've come to the conclusion that yours was a mistake and you want to know how to get back with ex husband then following these tips will be a good first step in the right direction.
Sunday, July 19, 2009
What is a fault divorce?
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There are many reasons for a divorce, and it may be the last choice made by many. In some cases, it can be a decision that is hard for both parties to agree on. They have tried all that they can but they cannot seem to make the marriage work. For this reason it is called a no fault divorce in the courtroom. For other divorces where one or both of the parties have done something to cause the need for divorce, it is referred to as a fault divorce.
A fault divorce may be granted when the proper grounds are there and at least one spouse asks that the divorce be granted on the grounds of fault. Not all states allow fault divorces. There are traditional reasons for fault divorces. Some of them include the following.
Cruelty to one of the spouses is another cause. This is when one spouse will inflict unnecessary emotional or physical pain on the other spouse. This is the most usual cause for divorce. Adultery is another. This is when one of the spouses has an affair on the other spouse. This is another very popular reason why people end up getting divorced with a fault decision.
Desertion can also be determined as a fault divorce. This is when one party leaves the other for a certain length of time. This usually means that one spouse moves out of the home and lives independently or with another person. They will leave the other spouse to live on their own and not want to be with that person anymore.
If a person is confined to prison for a certain number of years, this can mean grounds for divorce by the spouse that is free. They can determine that they want to end the marriage and start the necessary divorce proceedings. Another reason may be if one party has an inability to engage in sexual intercourse, as long as it was not disclosed before the marriage took place.
The reason to choose a fault divorce is because some people do not want to wait. They do not want to have a separation required by their state’s law for fault divorce. In some states, a spouse who proves the other person is at fault, this may end up getting them a greater share of the marital property or more alimony. This is why the fault divorce is so popular these days.
Saturday, July 18, 2009
What is a legal separation in divorce?
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When a couple gets a legal separation, it is a lot like a divorce. It will involve the same process of filing papers with the court to start a legal action. The court will then have to make the decisions about where the children will live, debts, and assets in a divorce. At the end of the process, the parties are legally separated instead of being actually divorced. This means that they are still married but not responsible for each other and what the other party does.
A legal separation is the best thing to do in the last stages of couples not getting along. It can be a way of taking a break and finding out what each party wants. There is no reason to rush into getting divorce for some people and it is a decision that has to be well thought out just as the marriage should have been.
Sometimes when people are on a legal separation, they will try and work things out. However, there are some cases, where it will not work and the parties’ involved want to get a divorce. One year after the legal separation is granted, one of the parties can petition to convert the separation to a divorce. They can do this without further hearings and the other party cannot prevent it from happening. People will sometimes prefer the separation instead of a divorce because of their religious beliefs or for insurance purposes.
If the party then decides to get a divorce, it will terminate their marriage. In order to do that, parties involved will go to court and decide how to handle questions of the children and how to divide their marital property. Each party is going to be responsible for one half of the marital debts.
Marital property is anything that the couple bought while they were married. It does not matter whose name the property is in or who actually purchased it. Bank accounts, pensions, and stocks are marital property even if they are held in one name only. Property brought into the marriage is still marital depending on the length of the marriage and what type of property it is. The court will be as fair as it can and sometimes the parties involved will make the right choices about being fair in the divorce.
It is always a good thing when a couple can make the appropriate decisions about how things should be split up before actually going to court. Both parties should have attorneys and this will help things progress along without having to worry about any legalities. This is the best way to protect each party’s assets and to make sure that the proceedings are fair.
Friday, July 17, 2009
What Is A Divorce
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There is something that is called a no fault divorce. This means that the court does not get in to why the couple wants to be divorced. It used to be that the person starting the divorce had to prove certain reasons for getting divorced. Some of these reasons included adultery or abuse. This time was often difficult for the couple and even a little embarrassing. The questions of what parties had been doing are private and these topics come out in the courtroom.
Now the law is different and it allows one of the parties to get a divorce if he or she states in court that the marriage is irretrievably broken. Usually the judge will not ask any other questions about the marriage and allow the divorce to move on.
In some divorces, however, they can get messy and there are many emotions brought out in court. This is a hard time to deal with and many people go through very depressing times. In some of the instances, one party does not want the divorce and they will fight it with all that they have. This will make the situation harder on both parties.
Some court systems will want to make sure that the couple is doing the right thing. They will in some cases order the couple to seek counseling. This is usually only for the couples that there is hope for. This is not for everyone and it is important to do only if one or both of the parties involved thinks that there is a chance for reconciliation.
People often times give up on their marriage too quickly. In some cases, they never really give the other person or the marriage a chance. There are hard times in all marriages and some people decide to try and work it out, while others tend to just want to give it all up as fast as they can.
It is always best to do what makes both parties happy and able to move on and get back to living the rest of their life. Going through a divorce will be one of the toughest things a person can live through.
Monday, June 1, 2009
Should you have an attorney for a divorce?
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If you are thinking about a divorce or your spouse has already filed for a divorce, it is a good idea to get an attorney. This is something that you should do to protect yourself. You will have a lot of questions and you will defiantly need to have answers. You need to be made aware of all the possible outcomes and do what you need to in order to protect your future.
There is always the option of representing yourself in a divorce proceeding. However, this is not always the recommendation. If there are serious questions involved like children or assets, it is better to have the assistance of an attorney. The attorney can represent only one of the parities involved. If you are not able to afford an attorney, the judge may seek assistance for you from your spouse.
One reason to get an attorney for a divorce proceeding is because there may be spousal support involved. This is called alimony. Depending on the length of time you were married, the age and health of the parties involved, and the ability for one of the parties to earn income and maintain the marital standard of living, the court may order support paid by one spouse to another. This is different question from child support.
Spousal support can be for a limited time period or for an indefinite period depending on the circumstances. It can be reviewed if there is a significant change in the circumstances of either the former spouse. If the spousal support question is waived, then the party giving up the support may not ever come back to ask the court to award it again.
You may also want to have an attorney to protect pensions and retirement accounts. Pensions and retirement are marital property and it can be divided in a divorce. They can be given a present value based on the kind of pension and the parties’ rights to receive an income from that pension. Usually the court system is fair in this decision, but an attorney will fight for your rights and make sure that your side of the fight is heard.
If you are not happy with the attorney that you have hired, you should defiantly talk to them about it. Explain your case and make them understand why you are not happy with their work. If you cannot work out the situation with your attorney, you do have the right to find another attorney at any point in the game.
Saturday, May 30, 2009
How to protect yourself from divorce
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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.
Thursday, May 28, 2009
Divorce Rights - Can one spouse prevent a divorce from happening?
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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.