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July 26, 2010

Grounds For Divorce – Step One

Filed under: Lawyer — Tags: , , , , , , — Paul Myers @ 1:13 pm

A divorce can be a stressful event, it can be a time of heartache and in some cases a time of conflict or aggression, whatever the outcome, there is usually one party that is happier than the other. If a divorce is the final resort, then you will undoubtedly have a few questions to ask regarding the divorce process, grounds for divorce and how to manage the legal practicalities concerned.

If the decision to split is final, then it is important that you seek legal help and advice at an early stage. By seeking advice early you can develop an understanding with your partner that the process is underway, minimising the time the process takes and minimising the stress you will feel subjected to throughout the divorce procedure. Furthermore, the sooner you both understand the legal process the sooner you will both be able to start planning your futures apart.

At this stage it’s important to define the reason you are splitting and to select a Family Law Specialist. You may end up visiting more than one solicitor before you make your selection so it’s important that you pick one that offers an initial free consultation, explaining about the processes involved and one that has experience in the field. You are then free to make an informed decision without commitment or cost.

First step: Grounds for Divorce

There are five specific grounds for filing for divorce in England and Wales. The majority of divorce cases are brought due to the irreversible failure of the marriage through ‘unreasonable behaviour’.

You are required to prove one of the following reasons as a basis for divorce in England and Wales;

* Adultery. * Unreasonable behaviour by either party. * Desertion by either party for at least two years * Separated for two years with consent. * Separated for five years without consent.

If you are involved in a family dispute and require a Family Law Specialist then contact Widdows Masson Family Law Lawyers.

Divorce – Who Gets The Dog

Filed under: Lawyer — Tags: , , , , , , — Thomas Standing @ 7:05 am

During a divorce, there are many disputes over possessions. Feelings run high, but because material possessions can be replaced, usually these disputes are resolved quickly. When the dispute is over a family pet it is harder to sort out amicably. People argue more about who gets the family dog than anything else.

All solicitors have experience at resolving issues over material possessions or over access to children, but most do not have experience in resolving disputes involving pets. In the US, federal courts are hearing cases involving custody of the family pet after a divorce. In those cases, the welfare of the animal is the main consideration. The judge normally grants custody to the person who can provide the best environment for the pet. In Europe this type of dispute rarely ends up in court, but when they do the judge usually decides using a similar criteria.

If you have pets then it is important that you put the pet first when deciding where that pet will live after the divorce. Before insisting that the family pet comes to live with you ask yourself if you really have the time and resources to care for it properly. It may be that because of the divorce you need to work more hours. Instead of living in a house with a garden, you may have to live in a flat. Where possible share the care of the pet, pets hate to be parted from family members for long periods. Try to remain calm around your pet, animals are very sensitive to a bad atmosphere and can become ill in a stressful environment.

If you have children try not to separate the children from their pets. The pet should continue to live in the same home as the children. Losing a pet at the same time as losing a parent is heartbreaking for most children. It is also worse for pets to be parted from the children of the family, because pets normally spend more time with the children of the family than with the adults.

If you cannot agree between yourselves where the pet will live after the divorce rather than go straight to court try to settle the problem using a mediator. Your solicitor can recommend someone with prior experience with issues related to pets. If you still have to go to court, make sure you use a good solicitor to prepare your case.

A good divorce solicitor can be invaluable if you need guidance and advice. Contact Lee & Priestley today, the top Yorkshire law firm who can advise on all aspects of divorce and family law.

July 19, 2010

Which Divorce Is Right For You?

Filed under: Lawyer — Tags: , , , , , , , , — Thomas Standing @ 12:42 pm

Getting a divorce is a traumatic experience for most people, sometimes made worse because of high legal bills. It is possible to use a method that is less expensive, but still results in a legal divorce.

If you are lucky enough to still be on speaking terms then it is possible for you to take all the steps to get a divorce without involving anyone else. Doing so can save you both a lot of money. First agree how the assets will be split and what the custody arrangements for any children that you have. Once you have a detailed agreement drawn up between you it is advisable for each of you to take it to a solicitor. A good solicitor will examine the agreement to make sure it complies with the law and that you are not giving away your rights. Provided once you have spoken to a solicitor each you both agree, you can proceed with the divorce with no further help from a solicitor.

It is possible to use a mediator to help you to agree the terms of your divorce and resolve any areas of conflict. Mediators are trained to resolve disputes in particular those involving the children. They are, however, not trained to give legal advice. You need to have seen a solicitor prior to mediation to be sure you understand your rights and legal options. Doing so will ensure you do not agree to anything during mediation that will have negative legal implications in the future.

A third option is a process called collaborative law. Each party has their own lawyer, but rather than negotiate the terms of the divorce using phone calls and letters all negotiations takes place face to face. The purpose of collaborative law is to settle the divorce terms without going to court. All parties sign an agreement at the start of the process to this effect. When an agreement has been reached your solicitors put it into effect.

Finally, there is the traditional route of both hiring a solicitor. This method can work well, but depends on you both choosing good solicitors who are both realistic. Generally, it is the most costly of the methods available, especially if an agreement cannot be reached and the case has to go to court. If things do not go well the process can take a long time and be more stressful than the other methods.

Looking to hire a gooddivorce solicitor? Visit Lee & Priestly, the Yorkshire law firm who can advise on all aspects of divorce and family law.

July 16, 2010

Divorce – Grandparents Rights

Filed under: Lawyer — Tags: , , , , , , , — Thomas Standing @ 4:26 am

Grandparents do not have an automatic right to see their grandchildren. Normally, this is not an issue, but during a divorce access to the grandchildren can sometimes be denied. In the majority of cases where relationships with your in-laws were good prior to the divorce things clam down quickly and you get to see your grandchildren again fairly quickly. Be patient, but do not wait too long before tackling the issue.

By law only parents, stepparents, a guardian or a person with whom the child has lived for at least 3 years have the right to see the children. Basically, this means only people with parental rights to the child. So, if a grandparent wants to see their grandchildren they need to use their powers of persuasion rather than the law to achieve this, at least in the first instance.

When a divorce occurs, the best thing for grandparents to do is to not take sides, and continue to be available to see the grandchildren as normal. Doing this means that the habit of the grandparent being part of the child’s life just naturally continues and the issue of contact rights is not raised unnecessarily. If problems do occur tackle the issue quickly. Explain to the parent that you do not wish to take sides and are anxious to continue to help with the grandchildren. Work out when, how often and where it is convenient for you to see the grandchildren. If you are told seeing them on the first Saturday of the month is best, make sure you are available then. Be as flexible as you can be and keep any promises that you make.

If talking things through privately does not work then consider mediation. Both parties need to agree to meet to discuss things with the mediator. A good solicitor will have a list of independent mediators that you can use. Those solicitors that practice collaborative law are the best to use to find a mediator.

For the rare occasion where mediation fails you can ask the courts for help. For this you need a solicitor who has experience in cases involving contact rights for grandparents. The judge will need to be convinced that you have been a significant part of your grandchild’s life in the past and will continue to be so. You will also have to prove that you have been and will be a positive influence on the child’s life. Keep notes of all previous attempts you have made to ensure that you get to see your grandchildren, proving you have tried hard will help the judge to see that you are serious about seeing your grandchildren.

A good divorce solicitor can be invaluable if you need guidance and advice. Contact Lee & Priestley today, the top Yorkshire law firm who can advise on all aspects of divorce and family law.

July 10, 2010

Three Smart Guidelines When Picking A Lethbridge Lawyer

Filed under: Lawyer — Tags: , , , , , , , , , , , — Sheryl J. Santillan @ 12:16 pm

Throughout southern Alberta, you may come across a Lethbridge lawyer that specializes in just about every single sort of legal case. Lethbridge attorneys practicing law represent the people of southern Alberta in all kinds of legal matters. Most law firms in the location cover common practice areas such as immigration, real estate, criminal, wills, accident or injury, divorce, and corporate. Choosing the attorney at law to represent your case will either make or break you. There are three main things a person ought to look at prior to deciding on a Lethbridge lawyer.

Just as most individuals research a product prior to purchasing it, a client should research lawyers inside area prior to hiring one. You’ll find numerous resources for legal advice, but perhaps the most available and convenient is the Web.

A few lawyers have their own site displaying their qualifications and basic info. Nevertheless, since their web site is most likely biased, seeking a review page or Lethbridge lawyer database is important. Of course, word of mouth recommendations are quite beneficial, also. Consult buddies, family, and peers if they can suggest a good attorney.

Furthermore, it truly is really needed to contact the attorney previous to hiring. Setting up a consultation over the phone or in individual will help when deciding upon your attorney. Some might charge a fee for this, but it can be best to discuss to your possible lawyer and get a feel for them just before putting your case into their hands. A company would not employ an employee without interviewing them first, so you really should not hire a lawyer before speaking with them first. This will also help build some much required trust between you and legal professional.

Equally as crucial as the above, make sure the lawyer or attorney specializes within the appropriate case kind. Just mainly because a attorney is very successful is a person topic, doesn’t mean he will know how to handle a case in another. If will need a lawyer or attorney to assist with a separation and divorce, search for a Lethbridge lawyer that specializes within divorce; not one that is an expert in taxes. This might sound obvious, but often it can be difficult to choose what type of lawyer or attorney.

For more information please visit: Lethbridge lawyer or Lethbridge divorce

July 9, 2010

Lethbridge Divorce Lawyers- Finding A Lawyer That Will Protect You

Filed under: Lawyer — Tags: , , , , , , , , , , , — Sheryl J. Santillan @ 4:25 am

It’s important to employ an effective Lethbridge divorce attorney if you find yourself in a complicated, chaotic situation, which is typical during a divorce. You will possess a number of attorneys who are equipped to handle your divorce situation if you live within the Southern Alberta area, close to Lethbridge. With the current chaos you may be going via, it’s hard to concentrate on discovering a good attorney. Making sound decisions could be difficult when you encounter emotional and financial difficulties at each and every turn.

Finding a good lawyer will assist you make options for the benefit from the future. Finding an ethical and experienced Lethbridge divorce lawyer is invaluable for this and many other factors. During this emotionally rough time, it’s common for you personally to try to avoid the tension of flipping through yellow page books for an attorney. But the yellow pages might really be the perfect location to start your research for any attorney.

There is no way of knowing whether the attorneys that you find within the yellow pages are the most qualified lawyers, but it does provide you with a starting point, and you are able to conduct extra investigation from here. Perhaps one of the most convenient technique for finding a great Lethbridge divorce lawyer is via the Internet. Numerous databases are available of lawyers handling the range of issues from actual estate to Lethbridge wills. A basic research at your preferred research engine will guide you to 1 of these databases.

Inside your search for an lawyer, the recommendations of close friends, co-workers, and loved ones could be invaluable, whether the lawyer you found was part of an on the internet database, or from the yellow pages. If they’ve not heard of the specific lawyer, perhaps they can refer you to one more. You might inquire about the lawyer that your close friends have utilized, if they’re divorced. Just be certain that whoever you ask came out of their divorce well situated.

During this difficult time for you, discovering an lawyer ought to not be on your list of worries. Just as you would go about discover a lawyer for Lethbridge wills or a Lethbridge actual estate attorney, you are able to find somebody to represent you throughout your divorce without hassle.

Additionally, make it a priority to talk with your potential lawyer before officially hiring them for your case. You may select to have this consultation in their office or more than the phone. Get to know him or her and build a connection so you can feel reassured when you’re heading via this hard time in your life.

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July 7, 2010

An Unfortunate Divorce Success

I recently learned of a tragic divorce. A good friend of mine was studying in the pre-med undergraduate program in University of Pennsylvania, one of the best programs in the country. His pursuit of a career in the medical field was met with trials and tribulations, but his family pushed him, supported him, and saw him graduate and enter medical school.

During his studies in college, he met a young woman from a rich family who seemed very interested in him. She was so inspired by his story and his perseverance that she offered to do whatever it takes in order to help him complete his studies and was willing to financially support him if only he marry her.

There is probably no one that I know who could resist such an idea. This girl was an attractive, young woman who was completely in love with him and was willing to do anything to see him reach his dreams. They got married, of course, and life went according to plan for about three years.

After three years of marriage, her father’s business began to downward spiral until it hit rock bottom. He was not able to support his daughter and son-in-law anymore because of the rough economy. As such, she demanded from her husband to leave his studies immediately in order to support the family.

With only two years left to reaching his dreams, the husband refused to do so, and he told her that he cannot leave his studies now. He was of the opinion that she should stick to her word and provide financial support until he is able to practice medicine as she said she would do.

Unfortunately, she was not interested in bearing the financial strain on her shoulders for even two years, and she sought a divorce. She wanted total custody of their one child without visitation rights for the father. She also demanded total control of all assets.

My friend was completely devastated because he realized that his wife’s part in the relationship was only as long as it was good for her. She had caused him more damage than support, and she even sought to take away visitation rights entirely without any particular reason.

Thankfully, he got the courage to object to this madness, and he contacted a fantastic family court lawyer who took him by the hand throughout the entire case. He went for full custody and won, and today he lives with his parents and his daughter in their home. Hopefully, he will soon finish his studies and will begin practicing medicine in his new home with his child.

Brandon G. Carlyle is the divorce attorney who defended my friend in his family divorce case. For more information regarding this excellent Oklahoma City divorce attorney who practices in the Oklahoma City area, check out the Bumgarner and Goodwin website online. Brandon is an SEO consultant working with SEO services group ClickResponse.

July 2, 2010

Grounds For Divorce In England And Wales

Filed under: Lawyer — Tags: , , , , , , , , — Thomas Standing @ 8:31 am

In England and Wales, you can only divorce once you have been married for a year. There is basically only one ground for divorce, which is the irretrievable breakdown of the marriage. You have to prove this irretrievable breakdown by establishing one or more of the following facts or grounds: adultery, unreasonable behaviour, desertion or undergoing a mutually agreed 2-year separation or a 5-year separation.

To use adultery as grounds you must prove through either substantial circumstantial evidence or through your spouses admission, that your spouse has had sex with another person of the opposite sex and that you find it intolerable to continue living with them. If a sexual liaison short of sexual intercourse has taken place you can use unreasonable behaviour grounds instead to obtain a divorce. If you know the name of the person involved it is wise not to name them in the divorce petition. Divorces where the third party is named usually become more acrimonious and take longer. You have 6 months from when you found out about the adultery to file for divorce.

To divorce using unreasonable behaviour as a reason you must show that your spouse has behaved in such a way that you cannot reasonably be expected to live with them. Unreasonable behaviour is the most common fact used to obtain a divorce. The petitioner sets out their allegations of unreasonable behaviour against the respondent in the divorce petition.These allegations may include having no common interests, pursuing a separate social life, heavy drinking, violence or a list of many other things. Using milder allegations in your petition can make it easier to agree a divorce petition with your spouse in advance, thus speeding up the divorce.

The least used grounds for divorce is desertion. Your spouse must have deserted you and left you to fend for yourself for at least 2 years without your prior consent.

To qualify for a divorce based on 2-years separation, you and your spouse must have been living apart by consent for at least the last two years immediately preceding the presentation of the divorce petition and you must both agree to a divorce.

To get a divorce based on 5-years separation, you and your spouse must live apart for at least five years immediately prior to the presentation of the divorce petition. You do not need your spouses consent to obtain this type of divorce.

Want to find out more about hiring a good divorce solicitor? Visit Lee & Priestly, the Yorkshire law firm who can advise on all aspects of divorce and family law.

June 29, 2010

Collaborative Family Law And Divorce

Filed under: Lawyer — Tags: , , , , , , , — Thomas Standing @ 12:38 pm

Collaborative family law is a relatively new process designed to deal with family disputes. It can work particularly well if you and your partner are getting a divorce. Rather than work out the details of the divorce with phone calls and letters between your lawyers you all meet face to face and resolve any issues. Using this technique means a divorce can be completed without having to involve the courts.

You and your partner still appoint a lawyer each, thus ensuring that you both get independent legal advice and protect your individual interests. To start with each party meets with his or her own lawyer in private. Once it is agreed that collaborative law will be used, a 4-way meeting is set up for all to attend. Your lawyers will have explained the procedure and what to expect at the meeting before you attend.

During the first meeting the lawyers will establish that all present understand the process and agree to it. You will then be asked to sign an agreement to the effect that you are seeking a resolution without redress to the courts. The terms and format of the next meeting will be agreed, including what information is needed and who will bring it to the next meeting.

There are usually several subsequent meetings at which details of the final divorce terms will be agreed. These terms include financial arrangements, and how to handle child custody. Once you have agreed on the terms your lawyers will draw up the final agreement and schedule a last meeting to allow the agreement to be reviewed and signed.

At the final meeting the agreements will be reviewed and explained then signed. If any further action is needed then the time scales, and who will carry out these actions will be agreed.

To use collaborative law you need to use lawyers that are qualified to use it. As well as being fully trained in family law the lawyers will have also learnt how to help clients to stay calm and to quickly reach agreement. Using collaborative law usually leads to a less stressful divorce. The lawyers do not act as mediators, they are enablers. Cases that involve children particularly benefit from using the collaborative law process.

Looking to hire a gooddivorce solicitor? Visit Lee & Priestly, the Yorkshire law firm who can advise on all aspects of divorce and family law.

June 26, 2010

Finding A Good Divorce Solicitor

Filed under: Lawyer — Tags: , , , , , , , — Thomas Standing @ 3:06 am

Getting a divorce is for most people one of the most stressful points in their life. The last thing they need is to find out part way through the process that they are using a solicitor who is not advising them well or who is dragging out the process. Choosing the right solicitor for your specific circumstances is vital.

First look at your circumstances, if your divorce is simple then it may be possible to do the divorce with very little help from a solicitor. If you decide that you need a solicitor make sure that you find one whose experience is relevant to your case. For example if you have suffered abuse or domestic violence, then your solicitor should have experience in dealing with these issues. If children are involved you need a solicitor that has previously dealt with divorces involving children.

At some point during the divorce process there are usually points of disagreement, which can quickly degenerate into long running arguments. Finding a Resolution accredited solicitor can help to make sure that points of disagreement are resolved quickly without them becoming issues that slow the process down and add to the distress and costs of the divorce. There are 5,500 Resolution accredited firms within the UK who follow a code of practice that promotes a non-confrontational approach to divorce.

Before settling on a solicitor speak to 2 or 3. Most solicitors offer a short initial consultation for a fixed fee or in some cases for free. Explain your situation to the solicitor and establish whether they have the relevant experience to deal with your case. Make sure that you choose a solicitor that you also feel comfortable with and whom you feel you can trust to act on your behalf. If you get 2 or 3 different opinions you will also better understand which courses of action are open to you.

During the initial consultation ask the solicitor to explain their fees, not all firms charge the same. Choosing a solicitor that you can afford will save you many months of stress.

Want to find out more about hiring a good divorce solicitor? Visit Lee & Priestly, the Yorkshire law firm who can advise on all aspects of divorce and family law.

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