Archive for the ‘ Divorce ’ Category

5 Reasons to Settle on the Terms of Divorce During Mediation

Posted on: November 12, 2018 by in Divorce
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settle terms of divorce during mediation

A divorce can be a complicated and emotional time, but there are things you can do to make the transition easier. Mediation is the key that makes a divorce less of a battle. You can use a mediator at any point during the divorce process to help settle matters, whether you’re at the beginning or right in the middle of it.

What is mediation?

Mediation in divorce is when both spouses sit down with a neutral third party to work out their differences. This mediator will help a couple decide on crucial issues like splitting their assets and liabilities, childcare, property distribution and any other problem they are having. The mediator will help them decide with as little conflict as possible.

Why should you aim to settle divorce and time-sharing matters during mediation?

There are several reasons why mediation is a good idea during a divorce. They are saving time, cost, and stress, as well as maintaining control over your privacy and your life.

1. Time

Divorces that go to trial can drag on for years. Many times, the desire for revenge, anger, and bitterness are what drives these battles.

Using a mediator means the process is possibly over in months instead of years. Another thing to think about is, after all that time spent in court, 90% of divorce cases wind up settling. The trial proceedings waste precious time, especially when children are involved.

2. Cost

The costs of a litigated divorce can soar into the tens of thousands of dollars. This situation puts the financial security of both parties in jeopardy, as well as their children. There is no need to add financial peril to an already life-changing situation. Mediation reduces the cost of a divorce in many significant ways.

You don’t have to pay for two lawyers.
You have reduced court costs and fees.
Less time spent results in less money out of your pockets.

While mediation isn’t free, in the end, it is much less costly than a litigated divorce.

3. Privacy

Mediation keeps your personal business between you and your spouse. Without it, a trial drags everyone’s affairs out into the open. Each person must go through the painstaking paperwork. The process will reveal all of the couples finances, indiscretions, habits, parenting skills, employment history, and more.

With mediation, all of these discussions can go on behind closed doors, or not at all. In no-fault divorces, couples have the opportunity to leave the problems of the past in the past. Mediation helps people move forward with a clean slate, without having everything about themselves revealed.

4. Control

In a trial, the judge decides the result. If a divorcing couple chooses mediation, they have control over what happens. Since the couple is making the decisions for themselves, they are more likely to be happy with the agreement.

Also, a mediator is not on one side or the other. He or she is a neutral party who listens and helps guide the couple towards a solution. This circumstance is very different from two lawyers battling it out in a courtroom setting. The process focuses on compromise.

5. Stress

All of the above factors together combine to create less stress for both parties. Divorce is almost always stressful to a certain degree, but mediation makes the process much easier to handle.

Mediation stresses respectful communication, and participants use non-threatening language in a peaceful environment. This situation cuts down on stress and leads to better solutions for everyone.

Mediation means less stress on children.

If there are children from the marriage, mediation is even more beneficial. The court process for kids can make an already upsetting situation even worse. The court could interview and observe the couple’s children, and they may also be required to appear in court. This situation is incredibly stressful for kids.

Further, seeing the animosity between parents is very stressful for children. With mediation, divorcing couples make decisions calmly and rationally, and children do not need to be present.

What are the setbacks of going to trial?

Going to trial over a divorce is very uncommon these days. It is an emotionally grueling process not just for the spouses, but for their children as well. All of the five points above are excellent reasons to consider mediation for an easier divorce.

In a trial, it is a lawyer’s job to be their client’s advocate. This role means that all the dirty laundry is hung out and scrutinized and there is no privacy for either spouse. One spouse may hire an aggressive or hostile attorney, which can turn a trial a costly process that can drag on for years. Mediation saves everyone a lot of pain, anger, and expense.

If you have any questions about mediation, talk to our divorce legal experts. Our experienced attorneys will schedule a free consultation to go over all your options.

What Determines the Length of Alimony Payments?

Posted on: September 15, 2018 by in Divorce
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Length of Alimony Payments

What Determines the Length of Alimony Payments?

Going through a divorce can be very stressful. There are a number of life-altering circumstances that can add to this stress. Your job, living situation, family, or mutual relationships can all be affected in some way. Of course, changes in your finances could be one of the biggest forms of anxiety. That’s why it’s important to know where you stand when it comes to alimony. But, what is alimony exactly? And what determines the length of alimony payments? Below we examine the answers to these questions as well as other valuable information about alimony.

What is Alimony?

Alimony is a court-ordered payment a spouse gives to a former spouse in the case of divorce or legal separation. Alimony is also referred to as spousal support or spousal maintenance. The purpose of alimony is to provide financial support for the spouse with little or no income. Generally, the amount of alimony paid is assessed by the divorcing couple’s standard of living. The amount paid should permit a lifestyle similar to what the couple had prior to the divorce. However, there are a lot of other variables that go into determining the amount of the alimony payments and the length of alimony payments. Below is a breakdown of how alimony payments are classified in the state of Florida.

Length of Alimony Payments in Florida

Florida has five different classifications of alimony that will determine the length of alimony payments. These five types of alimony are: temporary, durational, rehabilitative, bridge-the-gap, and permanent. As you can tell from their titles, these various forms of alimony all define the actual length of alimony payments. Of course, each case is unique and the duration and amount of payments might already be agreed upon by the couple. Normally, a judge will determine if alimony should be granted as well as the length of the alimony payment.

Temporary Alimony

Temporary alimony is also referred to as “pendente lite”, which translates to “during litigation.” This means that one spouse is required to pay alimony only for the duration of the divorce process. The main purpose of temporary alimony is for the lower wage earner to be able to support themselves, but only during the divorce. When the divorce becomes finalized, the alimony payments stop.

Durational Alimony

If all other forms of alimony are deemed insufficient by the court, then durational alimony may be granted. The purpose of durational alimony is to provide financial security for the spouse making little to no money. However, the length of alimony payments depends on the length of the marriage. For instance, if you’re married for fifteen years, you can only receive payments for fifteen years. If you’re granted durational alimony, you can’t receive payments for any longer than that.

Rehabilitative Alimony

Rehabilitative alimony is when an individual is awarded payments while he or she carries out a plan to be financially independent. The length of alimony payments will depend on the actual timeline of this plan. These payments may go to training programs or tuition for college. The recipient will need to devise an actual strategy for becoming financially secure and will have to present this to the courts. This plan will have to have a set timeline and need to be a realistic goal for financial independence.

Bridge-the-Gap Alimony

This form of alimony is considered the most short-term form of payment. The purpose of bridge-the-gap alimony is to cover the transitional period after a divorce. For instance, the length of alimony payments could cover moving to a new home or finding a new job in a different location. The maximum amount of time for these types of payments is two years. The purpose of this form of payment is to only supplement the lower income earner for a short amount of time.

Permanent Alimony

Permanent alimony is when a judge grants one spouse unending payments. There are a few different cases when permanent alimony may be granted. If the individual suffers from a disability, alimony payments will be permanent. If the judge sees any reason why this person can’t financial care for themselves, this form of alimony will most likely be rewarded.

Ask the Legal Experts

Regardless if you’re receiving alimony or paying alimony, it’s important for these rulings to be fair. If you feel as though the amount you’ve been rewarded is significantly less than your standard of living, it’s recommended to speak to an attorney. You should also contact an attorney if you believe you’re paying alimony in an unjust circumstance. An alimony lawyer in Florida can help you determine if you’ve been granted too little, or if you’re required to pay too much for too long. If you think a judge has unfairly put you in a position with regards to alimony, contact help today.

Filing For Divorce Pro Se: 5 Things You Should Know

Posted on: September 8, 2018 by in Divorce
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filing for divorce pro se

Filing for divorce can be a complicated process. It can become even more complicated with confusing legalese or unfamiliar Latin terms such as “pro se”. It’s not only important to know what filing for divorce pro se means, but you must also understand the pros and cons of taking this approach. Pro se translates to “for oneself”. This means that you plan on filing for divorce without the assistance or representation of an attorney. You’ll be filing for a divorce yourself as well as representing yourself throughout the divorce proceedings. In theory, this can sound like a rather simple process. However, handling a divorce from beginning to end without the help of an attorney can be much more complex than you think. There are both advantages and disadvantages to filing for divorce pro se. Here are five things you need to know about this process.

 

  1. Save Money

It’s no surprise that saving money is the first thing that comes to mind when people consider filing for a divorce pro se. A do-it-yourself divorce ranges from $500-$1,500 depending on the documents you need and how you file. There’s a lot of different elements that determine the cost of a divorce. It can depend on the intricacies of the case, if the couple is coming to an agreement, or the number of assets they share. With the help of a lawyer, complex divorce cases that go to trial can cost anywhere from $20,000-$200,000. Your first instinct may be to attempt a divorce process alone to avoid losing that much cash. However, sometimes the disadvantages of going at a divorce alone will greatly outweigh how much you can save.

 

  1. Potentially Ease Tensions

Even though attorneys are there to assist people through the toughest times of their lives, people often become nervous when they get involved. If both parties are in agreement on the terms of the divorce, filing for divorce pro se can make sense. Involving a lawyer could potentially create tension. There’s no reason to make the process more stressful than it needs to be. However, when tensions are already high and both parties are having a difficult time communicating, filing for divorce pro se is not recommended.

 

  1. Time Consuming

There’s a reason why attorneys are paid well to practice law and file for a divorce on your behalf. It’s because a divorce can be very confusing and it takes a lot of time to complete the required documents. Unfortunately, a divorce is not as easy as filling out a form online and then just waiting for it to end. It’s incredibly time consuming and very difficult. Filing for divorce pro se is an exhausting process that will take up much of your time for weeks to possibly months.

 

  1. Inexperience Leads to Complications

If you don’t have a legal background, filing for divorce pro se can be a very complex procedure. Filing the documents wrong or not meeting court-ordered deadlines can create more problems for you  in the future. Attorneys understand how to present the information and defend their clients in the appropriate way. Poor self-representation will not only be a problem for you, but it can also become a hardship on the courts. Overall, it’s not a good idea to represent yourself if you have no experience in litigation.

 

  1. Emotionally Taxing

It’s obvious that a divorce in and of itself is an emotionally taxing process. For most people, it’s difficult to keep up with their normal tasks. If children are involved, it can be even more overwhelming. Being on time for work, showing up to soccer games, or being present for important meetings can be stressful during times of divorce. This is one of the reasons why people pay attorneys to handle divorces for them. Normally, a divorce means moving, reassessing assets and finances, or even deciphering custody terms. Transitions like this can be traumatic for many couples and families. Filing for divorce pro se adds an immense amount of pressure onto an already existing dilemma. It’s important to keep this in mind if you’re considering representing yourself.

If You’re Considering Filing For Divorce Pro Se

There are many factors that go into a decision to represent yourself during a divorce. There are clear advantages and disadvantages. Saving money is important and avoiding tensions by involving lawyers can make sense in some cases. However, not everyone has the luxury of an easy separation. There are a lot more complexities to a divorce than most people can imagine. Lack of experience or emotionally taxing obligations can take its toll on you and your family. If you’re considering filing for a divorce pro se, it’s recommended to speak with a divorce attorney first to know if it’s the right path for you.

 

Serving Divorce Papers Through Facebook Messenger

Posted on: June 18, 2018 by in Divorce
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Divorce and the repercussions are a topic that most people want to avoid. Some people will go so far to go out of their way to prevent divorce papers or other legal documents. They may not be ready to throw the towel in or don’t want change. Even if the other person is ready for a clean break. The same is true if the person is avoiding a court ruling when it comes to child support. Technology is changing the world around us. It has impacted many different things when it comes to divorce and court proceedings. A recent ruling is ruffling the feathers of how procedures happen. Now, people want to know about the repercussions of divorce papers served through Facebook Messenger along with other court documents.

The Service of Divorce Papers Over the Years

In the past, no one would have considered divorce papers served through Facebook Messenger. The more traditional way for service of divorce papers and other court documents is through a process server or certified mail. In both of these instances, it would have witnesses. This event guarantees that the person needs to receive the papers actually receives them. This action provides the court with assurance that the person that is on the receiving end, in fact, has the documentation in hand so that the court proceedings can continue to move forward. This due diligence is necessary to prevent someone from claiming they never received a notice. In addition to preventing them from moving forward without actually notifying the person.   

Divorce Papers Served Through Facebook Messenger?

A recent event has many speculating that divorce papers will be served through the Facebook Messenger service in the future. Under a court ruling, a man was able to notify his ex-wife about a child support order in Staten Island. The court official allowed the usage of Facebook to serve the papers as the more traditional efforts of serving her papers were unsuccessful. The order to Anna Maria Antiqua was regarding the child support order in place. The man was seeking to stop the 440 dollars a month child support as the child in question is now 21.

The man, Noel Biscocho tried to contact his ex-wife at the address he had for her, but she had moved without leaving a forwarding address. He continued to try to search for where she was living. He attempted to Google where she lived and contacted their two children without any results. However, he found that his ex-wife was very active with her Facebook social media account. His ex-wife had even recently liked some of the posts that his second wife had posted to Facebook.

Staten Island Support Magistrate Gregory Gliedman made the judgment that it would be impractical for the ex-wife to personally be given the paperwork at her work or personal address since they were not known. It was also not possible to have the copy put on her door with an additional copy sent in the mail. This lack of address then led to the ruling of allowing Facebook Messenger to be the method of serving her the papers stopping the child support order on their 21-year-old child.

Historical Significance

As technology continues to change the way that the world works, it makes sense that it will have far-reaching consequences in the legal realm. This circumstance was the first time the state of New York gave permission to use this method. Also, in the United States, it’s a first for a person that’s located in the states. There had been some cases involving using Facebook to contact someone regarding legal proceedings when they reside overseas. Effectively, this action may eliminate the loophole of someone hiding to get away from being served legal papers considering the statistics of people that use social media today.  

How Likely Is It That This Ruling Will Spread Across Jurisdictions and States?

Technology is ever changing the landscape of the world we live in. As this was a one-off case in a situation where the person was not found through traditional means, the judge ruled that social media would be a useful tool. It stopped this from continuing to waste the court’s time in trying to bring this matter to a close. Consequently, it is very possible that in similar situations, other court officials may use social media as a method to reach individuals with essential court decisions and documents. This situation is just one more way that the court can embrace the possibilities of technology.  

Every case is different, and some situations can often be tricky when it comes to family law. There are many reasons why someone would not want to get papers by the courts. This ruling could have farther reaching implications down the line. Are you in a situation that requires experience in family and divorce law? Contact Lewert Law, LLC today to discuss your case. Get an experienced lawyer on your side to fight for your situation.  

A New Way To Pay For Divorce

Posted on: May 18, 2018 by in Divorce
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Boca Raton divorce attorney

There’s a new type of lender on the financial scene. Instead of mortgages, car loans, or payday loans, these lenders finance divorces. They claim to help with everything from living expenses to attorney’s fees to the costs associated with “expert” witnesses. In return – you guessed it – the lender then grabs a slice right off the top of your divorce settlement or court award. Borrowing money that your ex-spouse has to repay has a certain appeal for some, but taking out a divorce loan probably isn’t a good idea – or even necessary – for most people involved in divorce proceedings. Before you take a divorce loan in south Florida – and before you take any other action regarding a divorce – arrange to speak first with an experienced Boca Raton divorce attorney.

Divorce financing may be a great option for a very few, when substantial assets are at stake and the testimony of financial experts may be required. But if your divorce is uncontested, or if you haven’t compiled substantial property and assets, you probably don’t even need to consider a divorce loan. You certainly want to talk to your attorney first. In most cases, you should be able to find another way to finance your divorce and cover your expenses while it’s pending.

It’s true that complex divorces can be expensive. But if you can settle most of your differences out of court, and if you and your spouse aren’t on some magazine’s list of billionaires, it’s very likely that you and your attorney can find a way to cover your divorce without involving a divorce lender. If you must take a divorce loan, make sure that the company you work with fully discloses the terms of the loan and that you thoroughly understand what you are signing. For help with a divorce or any family law matter in the south Florida area, contact an experienced Boca Raton divorce attorney for legal advice and representation as quickly as possible.

3 Ways AI Can Help Divorce

Posted on: May 9, 2018 by in Divorce
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AI Helps Divorce

Artificial Intelligence, also known as AI, has a major impact on life in general. There are many industries that can benefit from the advances in AI. Family law is one of those industries. With AI technology, family law could change for the better. Find out how AI helps divorces and other family law issues.

What is AI?

When most people think of AI, they imagine a futuristic world. However, AI is alive and present today. By definition, AI is any task done by a machine or a program that requires human intelligence.

People use programs and machines to perform a long list of tasks that require human intelligence. In fact, artificial intelligence has been prevalent for years. Today, you might recognize the technology in Siri or Alexa. Other applications include identifying spam emails, detecting fraud on your credit card, and recognizing faces in photos.

AI Helps Divorces and Family Law

In addition to making your life at home better, AI helps divorces as well. It has several applications in family law, all of which can make your life easier. Law firms can and do use AI for accounting and data processing. When they have thousands of documents to examine, AI saves them from doing it by hand.

Artificial Intelligence doesn’t only make the process of examining documents quicker. In addition to going through documents quicker, AI can use predictive coding to analyze the data. It’s much more accurate than human guesswork. After analyzing large amounts of data, AI can predict outcomes and give lawyers more insight.

A History of Success in Law

If you’re looking for a specific example of AI in law, then you don’t need to look far. In the UK, a law firm used predictive coding in a prejudice action case. The coding was tested in trial, and a court deemed that the process was accurate. If predictive coding can stand up in court, then the applications of AI in family law are almost limitless.

At first, AI was used to assist in research efforts. IBM Ross was a research tool that helped law firms with legal research. The technology used natural language processing as well as machine learning to effectively research.

In a more recent application, Duthie & Co is a law firm that uses AI in a different way. The firm uses a robot lawyer known as LISA. When the firm needs a non-disclosure agreement, LISA takes care of it. In an interview, the firm stated that they believe this technology could be used in family law. In the future, they think that a similar robot can draft prenuptial agreements.

How Can AI Change Family Law?

Family law could change for the better with artificial intelligence. Here are a few ways that AI helps divorces and family law:

  1. Reduce the Cost of Divorces

In some divorces, there are mountains of paperwork. Asset division is a time-consuming process. This means that lawyers need to waste hours and hours digging through the mountain of paperwork. Considering that good lawyers don’t come cheap, the cost adds up.

If family law uses AI, then the lawyers don’t need to waste their time on sifting through papers. Instead, technology can do the process quicker. Predictive coding means that a program can look at a set of data and come up with a general review of the whole data set. In family law, this technology can save clients thousands of dollars.

  1. Reduce Error

Artificial Intelligence can help reduce errors in your case. As much as lawyers might aim for perfection, they are human. As such, they are capable of mistakes. When there is a great deal of paperwork to go through, there is a chance of human error. Boring and repetitive work, like data entry, is far from flawless. However, AI is flawless.

Relying on artificial intelligence means that there is a reduced chance of error and more accurate results. When it comes to family court cases, this can be the difference between a good and a bad outcome.

  1. Keep Lawyers Passionate

When a lawyer needs to waste time on menial tasks, he often loses motivation. This can affect his performance in court. After spending much of his time doing research or data entry, a lawyer could lose his passion for the case.

AI helps divorces by allowing lawyers to focus on the issues that matter. Instead of wasting time on simple tasks, they can focus on the complexities of their cases. As a result, the lawyers remain passionate. This is good news for you and your case.

 

The Future of AI in Family Law

Currently, AI doesn’t play a major role in family law. However, that could change soon. With recent developments, AI is playing a greater role in law firms. It might not be long before family law uses AI to improve the industry.

Here at Lewert Law, we know that technology is changing things. We’re moving forward with technology and always working to get you the best outcomes. Contact us and find out how we can help you.

5 Different People You Need in a High Stakes Divorce

Posted on: April 18, 2018 by in Divorce
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High Stakes Divorce

Going through a high stakes divorce can be one of the rockiest periods of your life. There are so many different aspects of life pre and post-divorce to think about, and this can require help. There are several professionals that can be on your side during your divorce besides your divorce attorney. Each of them offers a specific skill that’ll help move your complex divorce forward.

Why Are High Stakes Divorce So Volatile?

The very nature of a high stakes divorce leads to volatility. Often, there are complications that make this type of divorce that much more difficult to face. Usually, this has to do with assets and children. There are many different working parts that need to be figured out at the same time to balance what was happening before the divorce and after the marriage is over. These working parts can cause conflict, especially when the parties aren’t in complete agreement about the divorce.

What Are the 5 Professionals You Should Have on Your Team during Your Divorce?

It may sound like overkill to have five different professionals on your team during your high stakes divorce, but each of these team members offers a specific skill that can help you through this circumstance. They each work to reduce the amount of friction that can happen in a high stakes divorce.

The first is probably the only profession you’ve thought of hiring when you realized a divorce was in your future: a lawyer. Your lawyer is the base of your team. They are a great starting place and may be able to help you to find the other four professionals to assist you. A parenting coordinator, financial neutral, mediator, and divorce coach round out your team.

Divorce Lawyer

A divorce lawyer is your first defense in ending your marriage and can be beneficial to advise you on these matters even if you go through mediation.

Parenting Coordinator

Think of a parenting coordinator as an impartial party that helps to be the decision maker when it comes to any children from the marriage. They can help you to determine who does what with the kids while going through a high stakes divorce. Their rates are less expensive than having your lawyers handling this task. Plus, it can help to make the divorce a less stressful for the children going through it with you both.

Financial Neutral

A financial neutral works for both sides of the divorce. They handle the financial matters at the heart of a high stakes divorce. This professional comes in and evaluates all of the financials, such as current income, assets, the expenses that exist. As they are a neutral party, they aren’t on anyone’s side. Using this professional can help both parties get an equitable share. For instance, when determining alimony or child support, the figures obtained here can give a more accurate value of what’s appropriate or not.

Mediator

A mediator is another unbiased professional that’s not taking sides in your high stakes divorce. They can be beneficial in helping you to resolve many of the issues that often crop up in a complicated divorce scenario. Not resolving these issues through mediation often means that a judge will resolve them for you. A mediator is better able to guide you both to agree on the different decisions being made. At least by sitting with a mediator, you’ll have some say in what is agreed upon.

Divorce Coach

A divorce coach is one professional that you may not be very familiar with compared to the other professionals on your team. Your divorce coach may help just you or both you and your spouse through your high stakes divorce. While a divorce coach isn’t a therapist per say, they are able to help you through this tough time. They will help you analyze your feelings, determine what you want out of the divorce, and get ready for the different proceedings that you’ll be going through during the process. They are there to help keep you calm and collected through this process. While some people are able to tackle a high stakes divorce relatively easy, others panic and have a hard time going through it. A divorce coach helps them to keep it together to get to the other side of the divorce.

Are you contemplating getting divorced? Are you in the middle of a high stakes divorce, and feel you need additional help? Contact Lewert Law today to discuss your circumstances. Your high stakes divorce may seem like an endless scenario, but you’ll be glad to see it’s behind. Utilizing these different professionals can make the transition from married life to being single again easier for you.     

Uncontested Divorce: What Is It?

Posted on: March 9, 2018 by in Divorce
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uncontested divorce

When a marriage begins, there’s a ceremony where vows are given by each person joining their lives together. Many of those vows include a phrase about until death do us part, but in many relationships, circumstances come up that make it impossible to keep that promise. Like many things in life, marriages can go bad and result in the couple wanting to go their separate ways. It happens. The question that many have is what do you do next? There is this vision of having a messy divorce that drags on forever, but that’s not the only type of separation that exists. There’s also an uncontested divorce. This kind of divorce is an excellent option because it can be more comfortable for all parties.

What Is an Uncontested Divorce?

An uncontested divorce is when both people in the marriage agree to the divorce. In addition, they often agree on most of the significant issues of a divorce. These problems often include custody of their children, child support, distribution of the property, and spousal support. Using this method of separation can help to make it easier for both parties in the long run. This condition is because there are no additional disagreements to be settled by the court. The couple themselves make the decisions and agree with them. In fact, some uncontested divorces may only require a hearing.

How Does It Differ From a Contested Divorce?

The main difference between a contested divorce and uncontested divorce is the amount of intervention by the courts in making decisions. A more complex divorce where both parties cannot come to an agreement about how to split their lives takes more time and money. An uncontested divorce doesn’t require the same amount of time in the courts.

How Can an Uncontested Divorce Be More Beneficial to the Family?

An uncontested divorce can be more accessible for everyone in the family. It offers a lot of benefits. The couple gets the benefit of a smoother process. They won’t have to spend as much money on the proceedings. It also takes less time to go through an uncontested divorce. In all, it can be much easier to have it over and done with to move on with your life after divorce. That’s not to say that there won’t be any issues, but typically, it’s a more straightforward process in most ways.

It’s also beneficial for the children involved. The impact of any divorce can be hard on children. As most divorces can be messy because the different parties don’t agree on the separation, it makes it hard on the children. The arguments and the uncertainty in a contested divorce can be hard for everyone. Often, the children of the couple can feel the brunt of this uneasiness. An uncontested divorce is still hard on them, but they don’t have to listen to their parents disagree over and over.

What Is the Process for an Uncontested Divorce?

The process for an uncontested divorce is much more comfortable than a contested divorce. It typically begins by filing a petition for divorce with the court. This request will commonly include the decisions in how the marriage will be split and other agreements the two negotiated between themselves. There will also be a sheet about the couple’s finances. This sheet will identify their assets, liabilities, incomes, and other information.

After the petition, there is often a divorce hearing, but in some cases, an uncontested divorce doesn’t need to be heard by the courts. At the hearing, the judgment is given that dissolves the marriage. This is then filed with the courts.

This whole process can be as short as three weeks from the time of the filing to the dissolution of the marriage. However, if during this process, issues come up where both parties are no longer in agreement about everything, a contested divorce may be necessary. This event does at times happen when a couple was in agreement, but one partner changes their mind about something.

How Can a Lawyer Help?

In this age of the internet, there are plenty of resources online about how to go through the process of a divorce. The problem is that while an uncontested divorce can be more accessible, it’s still a complicated matter. It’s often beneficial for all involved to speak with a legal representative to guide them through this process. A lawyer can make sure that everything is written up as it should be. They can also assist in cases where an uncontested divorce becomes a trickier contested divorce.

If you are considering a divorce, you should have a lawyer on your side. A lawyer will protect your rights through this process. You may not be thinking clearly because of the emotional nature of divorce. Contact Lewert Law today to discuss your potential uncontested divorce. We can go over your personal situation, and whether or not this type of separation is right for you.

Gray Divorce: A Growing Trend

Posted on: February 8, 2018 by in Divorce
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gray divorce

The first few years of any marriage can be quite difficult. However, so can the last few years of a marriage. In the US, divorce is becoming common among the baby boomer generation. Even after decades of marriage, some couples from this generation resort to divorce. It’s become so common that people now refer to a late-in-life divorce as a gray divorce. Find out why this type of divorce is the current trend.

Understanding Gray Divorce

In the past, gray divorce referred to any divorce that happened after 40 years of marriage. However, the term evolved over time. Now, gray divorce refers to a marriage of baby boomers that ended in divorce. Whether or not the marriage lasted 40 years is irrelevant. A marriage could last two years and be a gray divorce. As long as the divorce involves baby boomers, it is one of the many gray divorces. In general, most of the baby boomers who divorce had marriages that lasted between 20 and 30 years. However, there is no limit.

Over the past decade, the divorce rate in the US has dropped. However, gray divorce did not follow that trend. More and more individuals from the baby boomer generation seek out divorces. In 2009, 25% of the individuals to get a divorce was over the age of 49.

The Reasons for Late-in-Life Divorce

There is no simple explanation for the common occurrence of this type of divorce. Rather, there are several possible explanations.

1. An Empty Nest

When children are young and demanding, many parents yearn for an empty nest. However, an empty nest could be what it takes to ruin your marriage. While there are children around, a couple dedicates their life to those children. Every decision revolves around them, and there is little room for you to focus on your marriage. Time alone is a rare occurrence. Often, couples discuss their children during that time alone.

When your children move out, you have time to focus on your relationship. However, it might be too late. You might find out that you and your partner no longer have any common ground. In an empty nest, the silence can be deafening. You might opt for a divorce.

2. The Impact of Aging

Unfortunately, age isn’t just a number. As you get older, you might find that your marriage suffers. Sometimes, this is a result of poor health. If you or your partner have any health issues, then you might lose your sex drive. One partner could be unhappy with the lack of romance in the marriage. Without seeking treatment for those medical issues, the lack of romance could become a large enough problem to cause a divorce.

Even a lack of self-confidence can hurt your relationship. If you don’t like the way you look, then you might obsess about it. Constant complaining could cause your partner to feel uncomfortable. Additionally, it could make him feel older. It could also make it less likely to preserve the romance in your relationship.

In some cases, aging causes one partner to look for a younger one. For example, a man might believe that he would feel younger if he was with a younger woman. To test out his theory, he might cheat on his wife. If he is faithful, then he might opt for a divorce before finding a younger partner. In either case, the result is the end of your marriage and the need for a lawyer.

3. Financial Disputes

Generally, the baby boomer generation did well for themselves. Most baby boomers had lucrative careers. Therefore, money was never an issue to stress their relationships. For many couples, that changed as they aged. There are two main reasons for this.

First, many children stayed home or moved back home at an older age. Instead of moving out and staying out at 18, children are staying with their parents into their 30s. As a result, the parents have a greater financial strain. Many baby boomers struggle to support themselves and their children. Paying their bills and their children’s bills is not easy, especially during retirement.

Then, there’s the issue of retirement. A high cost of living makes it difficult for people to survive on retirement. Since people are living longer, that retirement money also needs to stretch out longer. For many baby boomers, retirement causes financial troubles. The newfound financial stress can cause trouble in relationships. As a result, some baby boomers might resort to divorce.

4. Different Life Goals

When people get older, they sometimes change their goals. For example, one individual might realize that he never lived the life he wanted. He might realize that he never moved to paradise and lived in isolation. But his partner might have very different goals. She might realize that she never lived in a big city.

While some couples can meet their goals together, they can’t always do so. If goals don’t meet up or one individual is unwilling to help the other accomplish her goals, then a relationship could end. This could be a reason for divorce, even after decades of marriage.

No Fault Divorce vs Fault Divorce

Posted on: January 29, 2018 by in Divorce
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no fault divorce

There are two main types of divorces. First, you have the no fault divorce. This is one of the most common types of divorce. However, there is also a fault divorce. Not all states accept this type of divorce. However, it could be a good option for you. Learn everything that you need to know about the differences between fault and no fault divorce.

Understanding No Fault Divorce

When you want to divorce your spouse without proving that he was to blame, you file for a no fault divorce. In the proceedings, you don’t need to prove any type of fault. You do need to give the court a legitimate reason for your divorce. As long as the state recognizes your reason, then there it will honor your divorce.

There are two main reasons for a no fault divorce. The first reason is “irreconcilable differences.” Secondly, there is the “irreparable breakdown” of your marriage. If you list either reason, then you are telling the court that your relationship cannot work. You and your spouse tried to fix the relationship. However, you were unable to do so. The court takes you at your word. In court, you don’t need to prove why you need a divorce.

For some, the allure of a no fault divorce is the inability to object to the divorce. If your partner objects, then the court won’t change things. Whether or not your partner agrees, the divorce process will continue.

What States Offer No Fault Divorce?

For decades, most states have recognized no fault divorce. Since the 1980s, all states got on board with no fault divorces. If you live in the US, then you can get a no fault divorce.

There are a few differences between state laws and no fault divorce. Specifically, some states require you and your partner to have a period of separation before you file for divorce. Some states only require a short time, while others require a longer time. It all depends on your state’s specific requirements. After the separation, you and your partner can file for divorce.

Understanding Fault Divorce

Although no fault divorces are quite common, fault divorces are not very frequent. Depending on where you live, you might not even be able to file for a fault divorce. Some states only allow no fault divorces. States that do allow fault divorces require that you can prove that your spouse did something that warranted a divorce. For example, you need to prove that he cheated on you or abandoned you. Other reasons for a fault divorce include imprisonment, emotional or physical pain, and the inability to have sex. If you can’t prove that your spouse acted in a way that meets the fault divorce requirements, then you cannot file for a fault divorce.

The Benefits of Fault Divorce

There are several benefits to filing this type of divorce. Here are a few of them;

1. No separation requirement

If you file for this type of divorce, then you and your spouse do not need to live separately. Instead of waiting several months to file for divorce, you can do so immediately. Every state that honors fault divorces allows an immediate filing.

2. A better outcome

If you can prove that your spouse is to blame for your failed marriage, then a fault divorce could get you a better outcome. For example, a judge might give you more property or more alimony. Often, one spouse does better than the other in this type of divorce.

Is One Option Better Than Another?

If your spouse acted in a way that made you want a divorce, then a fault divorce could be a better option. The results of your divorce could be more in your favor. However, your state might only offer a no fault divorce. In this case, you might want to see if you qualify for a divorce in a state that does recognize fault divorces.

Filing in Another State

If you have residency in multiple states, then you can choose where you file. However, the residency requirements vary. Some states require that you live in the state for a certain amount of time before you file. In Alaska, Washington, and South Dakota, you can file once you have residency. You can choose to file in a state that recognizes the type of divorce that you want.

That said, you should be cautious. If you file in one state, then you need to travel to that state for all your court appearances. This includes traveling there to make any changes to your divorce agreement.

Making the Most of Your Divorce

If you need a divorce, then you should speak to a lawyer. He can give you advice on which type of divorce would benefit you the most. Additionally, he can explain how your state’s laws will impact your divorce. With his help, you can get the results that you want.

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