Divorce and Child Support

How much does a Maryland divorce cost ?

Divorce_Information — Tue, 20 Apr 2010 17:45:00 GMT

A lot of people are concerned with the cost of divorce. It’s important to realize all costs associated with divorce when considering this life altering change.

Lawyer fees tend to range from $100 to $450 per hour, the average will be based upon intermediate level of experience which would be $275 per hour. Rates will vary per lawyer depending on length of service and experience.

Fees for an accountant will range from $100 to $350 per hour, the average will be based upon intermediate level of experience which would be $250 per hour. Rates will vary per accountant depending on length of service and experience.

A simple divorce occurs when there is no property support or custody matters. A lawyer will charge you per hour plus charge you $300 to $400 for disbursement fees plus other applicable fees.

A contested divorce can be more costly. Contested divorces tend to take quite a bit longer since parties tend to fail to come to an agreement. The longer the arguments, the more fees apply. This is why it important to try to agree to as much as possible before filing for divorce to save yourself lots of added fees. There is no generalized fee schedule because there is no telling in a contested divorce when parties will reach an agreement.

Preparing financial statements in a divorce are an important expense. Your lawyers and accountants will be hard at work finding costs of living, weekly, monthly, yearly costs and combined income. The statements will include a detailed listing of all assets and liabilities at the date of the marriage and the date of the marriage breakdown.

Estimated time needed for preparing financial statements are as follows :

Accountant 1-25 hours

Lawyer 1-5 hours

These times vary by circumstance

There are loads more costs associated with the trial, pretrial, cross examinations.

A Maryland divorce including lawyers and accountants can be from $8,000 - $130,000 depending on the things associated with your divorce. Find out your costs before making any decisions.

All quotes listed here serve the purpose of giving you a generalized idea when considering the cost of divorce. These are not quotes or certain costs, but an average idea of costs. Prices vary per service.

Maryland Divorce – Considering divorce in a recession

Divorce_Information — Mon, 19 Apr 2010 17:38:19 GMT

Chances are that the standard of living of both parties of a divorce drops within the first few years of a divorce. The same income of both parties and pooled assets must support two households instead of one. You can plan ahead to better prepare yourself for what happens to most people in a divorce.

Budget yourself. Divorce creates havoc on anyone’s financial status and if you have a set plan of exactly what you need to live, you are one step ahead of the game already. Resist compulsive buying and just generally getting things you do not need. While your financial situation may make you happy at the moment, everything is subject to change and you always have to provide for yourself. Make it happen.

Take a look at exactly what it is that you have. Review your assets, retirement, liquid assets, real estate, life insurance. Know your worth. You may think you know what you have, but getting it all together in front of you can make better sense. When dealing with divorce you can list the marital assets and see what the total would be split so you can have a better idea of what life will be like after divorce.

It is best in a divorce to know everything you can possibly know. Get yourself a notebook and write everything that you can down. The judge in divorce court will expect that you will be prepared. Get together with your lawyer and make your plan for divorce.

Virginia Divorce – Custody of Children in a divorce

Divorce_Information — Mon, 05 Apr 2010 20:25:00 GMT

Who gets custody of the children ?

Divorce is a stressful situation for all parties involved and this question comes up first in many divorce proceedings.

To determine the custody of any child under the age of eighteen, the court will only choose in the best interest of that child. It is possible in your divorce that the court may award joint legal custody where both parents have a role in decision making for the child. It is also possible in your divorce that the court may award sole legal custody where one parent is responsible for making all decisions in that child’s best interests. Custody given in divorce is not a reward or a punishment. It is simply choosing the parent who is the most apt to best take care of that child and who is best able to give that child the best direction in life. Custody may change due to changes after the divorce such as remarriage or different life changes.

In a divorce regarding custody, the court will consider the age of the parent and child, the physical and mental condition of all parties involved, the needs of the child, the relationship between the child and both parents, each parent’s role in the child’s upbringing, the home that will be provided to the child and the wishes of the child, provided they are at a mature enough age to make such a decision.

Always keep in mind that children are affected the most in a divorce. Make sure that your child comes first and try and make all decisions to consider your children as best you can. Your lawyer can help you make the best decision for your family, or a mediator if you choose.

Virginia Divorce – Facts about spousal support in your divorce

Divorce_Information — Mon, 05 Apr 2010 01:20:51 GMT

Spousal support is always emerging because laws concerning spousal support and divorce and under constant reconstruction. Virginia law has recently stated that the fault of a spouse being a reason for a divorce may no longer be a standard for the other spouse to gain spousal support in divorce court. The court considers all aspects of a divorce when spousal support is a factor. The main focus in divorce court when awarding spousal support is the cause of separation of divorce.

Spousal support in a divorce is not to ultimately punish one spouse, but to assist in the burden of life and divorce to the spouse that is less fortunate financially. The amount of spousal support depends on a few factors. The divorce court judge will review the ages of both parties and assets and potential income/earnings of both parties in the entire lifetime of the marriage. The spouse ordered to pay the spousal support may be ordered to pay weekly, biweekly, monthly, yearly, or in one large sum. If one party is ordered to pay spousal support, the duration could range between a set number of years to indefinitely or until that spouse remarries.

Be prepared for divorce court and make sure to have as much of an agreement as possible so that you are fully ready for everything that happens. Consult your lawyer for the best options for you and your divorce case.

Maryland Divorce – Financial matters in your divorce

Divorce_Information — Thu, 01 Apr 2010 22:15:00 GMT

In divorce the best thing to do is treat your financial matters as a business owner would treat his financial matters. It can be hard but it’s very important to not let your emotions tangle with your financial decision making in your divorce. No matter what any individual things, no one at any point is entitled to every single thing as far as property and finances go in a divorce. There are ground rules for separating monies and mutual property that a judge in divorce court must follow.

It is in the best interest of everyone involved to try to negotiate as much as possible. If negotiations are not made a judge ends up making the decisions for you which may not work out well for anyone. Judges don’t concern themselves with emotional issues in a divorce. For these reasons alone you should try and work everything out before it comes time for divorce court.

Considering all of these factors you should have a plan for the day you go to divorce court. Consult your lawyer to make sure you are making the best decision you can. The best thing to do for yourself is to be completely prepared so you are ready for every single topic or situation that comes up. Good luck to you in divorce court.

West Virginia Divorce – Domestic violence and divorce

Divorce_Information — Mon, 29 Mar 2010 22:20:00 GMT

Frequently asked questions relating to domestic violence and divorce in West Virginia :

What course of action should I take if my spouse is violent ?

First things first – call the police if your life or anyone else’s life is in danger at all times. When you are safe and out of harm’s way contact the domestic violence agency in your county, they can direct you to a shelter where you will be safe. You may also be able to obtain residence of the marital property in the case of domestic violence, automobile custody and of course custody for any children. The court may order your spouse to stay away from you and your children. Violation of any court order of a no trespass order results in an arrest. You may obtain a domestic violence order if you have been threatened with bodily harm, attempts to cause bodily injury, or places you in fear of imminent danger.

Is emotional support available to victims of domestic violence ?

Emotional support is available and should be obtained by anyone involved in a divorce in West Virginia. You can obtain help by psychiatrists, counselors, social workers and psychologists. Many of these professionals are available to non-profit organizations to help the victims of domestic violence seeking help in a divorce. Some agencies will even base your fees upon your income.

Can I leave the marital property and never return ?

You can leave the marital property and never return, even taking your children unless there is a court order that states you cannot. Never make this decision without discussing it with an attorney to see how this choice will affect your divorce. Leaving the house without solid ground may affect your divorce or any alimony payments and could possibly be charged to you as desertion, which is why it is important to seek legal advice before making any decisions. However, if your spouse is being violent you must take all measures to protect yourself and your children.

Virginia Divorce – Division of property in a Virginia divorce

Divorce_Information — Mon, 29 Mar 2010 22:05:00 GMT

There are lots of questions about how property will be divided when it comes to divorce in Virginia. In Virginia there are specific laws about how property will be distributed in a divorce. Not many people know that Virginia is an “equitable distribution” state and all marital property shall be divided in an equitable fashion in all cases. The thing to remember here is equitable does not necessarily mean “equal”, but it foes mean fair. If the couple can not reach a settlement on all marital properties and debt then the court will step in and declare the property award in the divorce.

The meaning of separate property in regards to Virginia divorce can be described as any of these definitions :

Any property, personal and real, that either party obtained before the marriage.

Any property received to either party that was a gift, or obtained by bequest, descent, devise or survivorship.

Any property acquired during the marriage in exchange for or from the proceeds of sale from separate property.

The meaning of marital property in regards to Virginia divorce can be described as any of these definitions :

Any property titled in the names of both spouses.

Any property that is acquired during the marriage that is not described above as separate property.

The court will decide how to divide the marital property in divorce court by the following guidelines :

All contributions must be in the best interest of well being of the family.

All marital property must be taken care of through all monetary and nonmonetary contributions.

The total length of marriage.

The physical an mental well being of each spouse and their age.

How the marital property was acquired.

The tax consequences to each spouse.

(Virginia Code - Title 20 - Sections: 20-107.3)

Maryland Divorce – Questions answered about mediation in divorce

Divorce_Information — Mon, 29 Mar 2010 21:45:00 GMT

Some couples choose mediation as a key to expediting the divorce process. Some people find mediation in divorce beneficial, while some choose not to spend the extra money on one and rely on themselves to work everything out. Some couples require loads of mediation with their divorce which can get quite costly while others can get issues resolved in just a few sessions and save a bit.

When couples can agree to things mediation can move along quickly which results in a faster divorce, but when couples have strong disagreements and opinions about certain aspects of things involved in the divorce, the process can seem to drag out and become a big financial burden.

Think about how mediation will be beneficial to your divorce.

Now some mediators have been said to claim that their services can replace lawyers or any kind of legal help, but most tend to disagree. It is always in your best interest to consult a lawyer on any manner that you are unsure of. Mediation is just an added help to you in a divorce to sort your matters and property fairly and evenly.

In general, mediation services in your divorce can cost between $4000 and $10,000. All fees vary from firm to firm, but this is generally what you can expect in your divorce mediation. This is something to consider while reviewing all of the financial aspects of divorce.

Consider your options and as always, consult your lawyer so you can have the best advice when you are faced with divorce.

Maryland Divorce ~ Representing Yourself In Divorce Court

Divorce_Information — Fri, 08 May 2009 17:00:07 GMT

In Divorce court, the judge must remain the neutral and impartial decision maker. The judge has the responsibility to guarantee a fair trial by applying the rules and conditions of divorce court. United States law is based on an adversarial system with a party on one side of the argument and the other party on the opposing side. Maryland courts require that people representing themselves must meet the same criteria given to attorneys.

Maryland divorce courts are bound by certain rules and expect that you follow those rules when representing yourself. It is your responsibility to prepare and handle your divorce case. Maryland divorce court judges are responsible to understand your side, but hear the other side as well.

Maryland divorce court judges do not give slack in allowing lack of information or skill on your behalf. If you decide to represent yourself, the Maryland divorce court judge expects that you know what you are trying to prove, meaning the law and type of solution. There are specific rules on preparation of Maryland divorce court papers, serving your spouse, what evidence is permissible in court as well as how and what you may appeal.

Representing yourself in court is an enormous task. Study all Maryland state laws and understand how Maryland divorce court works. It is better to be fully prepared rather than have unexpected surprises.

Maryland Divorce ~ Maryland's Mandatory Earnings Withholding

Divorce_Information — Thu, 07 May 2009 17:00:31 GMT

Maryland state law requires that the employer of the parent paying child support must withhold an amount ordered by the Maryland court. The amount withheld is forwarded to the child support recipient or to the child support agency handling your case.

The law was created to assist the individual who wishes to receive child support without legal representation or the assistance of the Child Support Enforcement Administration. The law places many responsibilities on the court usually followed through by attorneys. You can pick up sample forms at the clerk's office in every county and in Baltimore City.

If one parent leaves the state in an effort to not pay child support, and an order for child support is in place, that order can be enforced by the Uniform Interstate Family Support Act (UIFSA). If there is no order for child support, child support can be established through UIFSA. These requests for action by the UIFSA can be taken care of through the Maryland child support agency in the county where you reside.

Maryland Divorce ~ Unmarried Couples ~ Cohabitants

Divorce_Information — Wed, 06 May 2009 17:00:07 GMT

Cohabitation is a general term for an unmarried couple living together. This could mean a temporary relationship, experimenting with living together before marriage, or possibly an alternative to marriage.

The US Census Bureau has reported a large increase in cohabitants within the last three decades. For example, there was a 72% increase of cohabitants in the last decade. The increase in unmarried couples in Maryland was nearly 47%.

Unmarried couples are protected legally and can take measures to keep their rights. There is a push in the United States to lessen the rights to unmarried couples in comparison to those who are actually married.

Maryland Divorce ~ The role of the Mediator in Divorce

Divorce_Information — Tue, 05 May 2009 17:00:00 GMT

Your divorce mediator will guide you through divorce issues that will make it easier to communicate with your spouse, document your decisions and make it easier to make decisions in your divorce. A mediator will not make decisions for you or be a judge in your divorce. A mediator will allow you to make a decision for yourself rather than force you into one.

A divorce mediator knows the issues that need to be addressed and is a third party that will allow you to make finalized decisions on your divorce. A divorce mediator can provide information to you and suggest options you may not have thought about considering. They can give you examples of other ways people have dealt with their divorce so that you can explore your options.

A divorce mediator will provide a healthy environment that encourages quality listening and good thinking. A divorce mediator will give both spouses a chance to be heard, set boundaries and encourage respectful behavior.

If you live in Maryland or DC, a divorce mediator will draft a marital settlement agreement for you and your spouse. When this document is signed it is an enforceable contract and can be used as the basis for obtaining an uncontested divorce from the divorce court. If you do not live in Maryland or DC, your divorce mediator will draft a memorandum of understanding that can be taken to your lawyer in your state.

If you are having big disagreements in your divorce you should consider the option of a divorce mediator. It may be to both spouses benefit in divorce court.

Maryland Divorce ~ Separating from your spouse

Divorce_Information — Mon, 04 May 2009 17:00:00 GMT

Make a plan for yourself through every step of divorce. You will have several unexpected turns in divorce so having an idea of what you are facing and how you can handle problems that arise will make you able to see more clearly.

When you separate from your spouse you cannot just remove your spouse from the household unless your name is the only one on the property. In a divorce, when you leave the residence it may impact your chances to obtain custody. Consider all of your options when you make the decision about who leaves the household.

If at all possible in a divorce, discuss a separation with your spouse and see if you can come to an agreement on a temporary arrangement. Put it in writing if you can. In divorce court, a handwritten agreement signed by both parties is admissible and will provide extra protection for you. If your spouse does not agree on your separation terms you should consult your lawyer before you leave your home. Your lawyer can help you plan a separation that does not jeopardize your rights.

Make your plan. Be prepared.

West Virginia Divorce ~ Controlled Separation

Divorce_Information — Wed, 29 Apr 2009 19:00:02 GMT

Controlled separation is a trendy approach to dealing with divorce in a less confrontational way. It's popularity has skyrocketed in the last few years. In a controlled separation you and your spouse will work with a counselor or mediator to arrange separation agreements and work to see if there is a resolution to your marriage as a final step before divorce proceedings continue.

By having a controlled separation you and your spouse can live separately and make negotiations for a marital solution. This is a very good thing to try. Sometimes a third unbiased party like a mediator or counselor can recognize problematic areas and possibly find a way to save your marriage. If the spouses are separated sometimes problems are easier to identify and possibly rectify.

In a controlled separation there will always be certain guidelines to follow based upon each couple's issues that they have in their marriage. Here are some ideas for planning your controlled separation.

Someone leaves the household. It is key to work on your problems without constantly arguing with your spouse. If one spouse leaves there will be more fresh air between you to make proper decisions.

Separation time limit. It is a good idea to have a goal as to when you will come to a resolution. Setting a timeline may help you work toward your goals in a more organized manner.

No attorney involvement. You and your spouse should agree to not involve an actual divorce until you have given controlled separation a fair shot and are willing to say that you did give this all you could.

Financial Support. You and your spouse should agree what is a fair way to make sure your spouse is okay financially.

Children's Involvement. Your children should not be neglected in any way. Make a visitation plan and possibly a family outing.

Intimate Relations. Determine whether continuing a sexual relationship will be wise for you at this difficult time.

Ending the Controlled Separation. Decide whether one spouse can end the controlled separation or whether both spouses must agree that it should end.

These guidelines will allow you to approach your issues in a positive and respectful manner. Everyone will be more cool calm and collected. Good luck to you !

Maryland Divorce ~ Constructive Desertion

Divorce_Information — Tue, 21 Apr 2009 16:30:00 GMT

If a person leaves the actual marriage, not including the home, it may be able to be considered constructive desertion in a Maryland divorce court. Your spouse does not actually have to move out for you to sue them for constructive desertion in a Maryland divorce court. If the demeanor or behavior of your spouse is excessively cruel then it is possible in a Maryland divorce court to actually leave your residence and charge your spouse with constructive desertion.

Below are some examples of things that a Maryland divorce court may rule in your favor for a case of constructive desertion :

Behavior or conduct that endangers the other spouses’ health, life, safety and even self respect if more than one instance of self respect related damages have been proven in a Maryland divorce court.

Refusal of sexual relations willfully and without cause. In addition you must show that the spouse has also stopped participating in mutual duties of the marriage.

If a spouse refuses to move if there are necessary life changes to be made, for example a new job, caring for a parent, etc. The only exception to this rule is if the living environment is unacceptable to the spouse unwilling to relocate.

Virginia Divorce ~ Uncontested Divorce

Divorce_Information — Sun, 19 Apr 2009 13:00:00 GMT

Normally an uncontested divorce is faster and cheaper than a contested divorce. The law typically allows both parties to define their own futures when both parties agree to the terms of a divorce. The end result of an uncontested divorce is that the spouses are not forced to live by a judgment given to them by a Virginia Judge.

The uncontested divorce is very beneficial when children are involved in the divorce. After and uncontested divorce, relationships are more peaceful. As a result, parents are able to raise their children together after the divorce much more civilly.

There is for more confidentiality in an uncontested divorce. In a contested divorce, both parties must review all financial aspects before the divorce court. Many private details about you may be revealed in a contested divorce. In the case of an uncontested divorce, all of your personal information is private and not displayed.

Uncontested divorce are more useful to spouses who agree to disagree and can be civil to one another. This is usually not a marriage where violence or adultery has occurred.

An uncontested divorce may be the more civil route for some couples going through a divorce. Talk to your spouse and see if this will work in your divorce case.

Your List!

Divorce — Wed, 08 Apr 2009 18:11:47 GMT

So many people enter into a divorce and have no idea what they have, I happened to see this happen to my mom, who got no divorce lawyer and let my dad basically take her…..over the years the pain has healed and unbelievably her and my dad have become friends again, but believe me not all divorce ends in that way, and from a small town, there was not much of a selection of divorce lawyers, something we talked a little bit about yesterday, and she let my dads divorce lawyer take care of everything, with your bigger areas such as California and New York etc….have a huge selection, and again make sure you research. Again another thing she did not do was read her papers, because she was upset! You already know my feelings about this through past divorce blogs!

The one problem that people over look like my mom because she was so upset with the divorce its self is she didn't think she had anything to take besides her clothes and well ended up walking away with a couple thousand dollars after being married OVER 25 years, she had no idea what to do, do not let this happen to you, wither the divorce is sprung on you are you are planning the divorce, make A LIST OF EVERYTHING, house, debts, land, things you brought into the marriage, things that were acquired during the marriage, you need your fair share in the divorce. So wither your in a small town or a huge area with a huge selection of divorce lawyers, you can step away and find a divorce lawyer in a different area that can kick some butt and make sure you get your fair share!

Virginia Divorce ~ Constructive Desertion

Divorce_Information — Wed, 08 Apr 2009 16:15:00 GMT

Constructive desertion is typically described as one person leaving the actual marriage, not necessarily the home. One thing to consider in a divorce is you may have been deserted if your spouse does not physically leave your residence. If your spouse’s behavior or misdemeanor is extremely cruel then you may be able to leave the home and charge your spouse with constructive desertion in your divorce.

Here are some typical examples of things that come up in a divorce that may be eligible for constructive desertion :

Behavior or conduct that endangers the other spouses’ life, health, safety and even self respect if more than one instance of self respect related damages have been proven.

Refusal of sexual relations willfully and without cause. In addition you must prove that the spouse has also stopped participating in mutual responsibilities of the marriage.

Divorce State to State…Finding Your Lawyer

Divorce — Wed, 08 Apr 2009 01:59:00 GMT

Does not matter where you are getting divorced, Utah, Chicago, New York, California etc…..your divorce lawyer is important! The beautiful thing about big states and cities is that there is going to be a better choice of divorce lawyers, other then a small town where it may be a pinch harder, but remember one of the important things about divorce lawyers is you can go outside the box and even research divorce lawyers outside of your area, if you are in a small town. May be that you have to go with one divorce lawyer in your area, don't worry about stepping away for a moment and researching a lawyer even out of state.

There are thousands of divorce lawyers when it comes to big areas such as California, and I have said it before, finding a great divorce lawyer can make all the difference in the world. SO remember to make sure to even look outside of your area for divorce lawyers, do not settle for the first divorce lawyer, you must do your research.

Also remember to share all you are going through in your divorce and to share all debt, assets and information you have.

Now if you have any questions about the state your in and your divorce, please feel free to ask!

Virginia Divorce ~ Real Property

Divorce_Information — Tue, 07 Apr 2009 13:52:31 GMT

The definition of real property is every piece of real estate you and your spouse own. This is your home, your beach house, your condo or interest in a real estate investment that includes both spouses names.

There are a few possible solutions to dividing real property in your divorce. One spouse can forfeit their entire interest in the property to the other spouse. Both spouses could agree to sell the property. Another option is allowing one spouse to remain in the property for a set amount of time until minor children are out of the home.

Lots of questions in a divorce arise about who gets tax credits if one spouse maintains a home alone, who pays interest payments, which spouse benefits for the real property in their divorce. An agreement will have to be made for your real property in your divorce.

In some cases one spouse wishes to buy out the other in a divorce for property. It would be a good idea for you to speak with your tax advisor before agreeing to a buy out. It’s important to know all the facts before signing anything away, whether you are compensated or not. It would also be a good idea for you to contact a few appraisers to determine what the fair market value of your property actually is before agreeing to anything.

Make the best decisions for you and your children in your divorce.

West Virginia Divorce ~ Serving Divorce Papers

Divorce_Information — Fri, 03 Apr 2009 12:00:00 GMT

When filing a law suit of any kind, including divorce, you must tell the other party they have been sued. The West Virginia court can not take any action until your spouse has been served divorce papers. You will also need proof in court of the delivery of your divorce papers. The legal term for serving divorce papers is “service of process”.

There are many ways to go about serving divorce papers. There are ways to serve your souse divorce papers with and without proof that the divorce papers have been served. It is in your best interest to have proof that your divorce papers have been served when you get to court. The court wants to know that everyone has had the opportunity to come to court and state their case.

You may not serve your spouse your divorce papers. Usually someone other than the spouse that is being served may serve the divorce petition. You can choose from the following methods of service :

~ Personal service

~ Certified mail

~ Service by publication, in a local newspaper for example

~ Service by Secretary of State

~ Waiver of service

Choose the right method of serving your divorce petition that best suits you. Bring your proof of serving your divorce papers to court with you so there are no surprises. Prepare your case in the best way you possibly can to better your divorce case in court.

West Virginia Divorce ~ Uncontested Divorce

Divorce_Information — Wed, 01 Apr 2009 13:00:00 GMT

Normally an uncontested divorce is quicker and cheaper than a contested divorce. The law usually allows both parties to define their own futures when both parties agree to the terms of a divorce. The end result of an uncontested divorce is that the spouses are not forced to live by a decision given to them by a West Virginia Judge.

The uncontested divorce is very beneficial when children are involved in the divorce. After and uncontested divorce, relationships are more civil. As a result, parents are able to raise their children together after the divorce much more peacefully.

There is for more confidentiality in an uncontested divorce. In a contested divorce, both parties must discuss all financial aspects before the divorce court. Many private details about you may be revealed in a contested divorce. In the case of an uncontested divorce, all of your information is private and not aired.

Uncontested divorce are more helpful to spouses who agree to disagree and can be civil to one another. This is usually not a marriage where violence or adultery has occurred.

An uncontested divorce may be the more peaceful route for some couples going through a divorce. Talk to your spouse and see if this will work in your divorce case.

Virginia Divorce ~ Proving Adultery

Divorce_Information — Tue, 31 Mar 2009 17:00:00 GMT

Divorce cases that include adultery are never pleasant and can almost always be emotionally draining. It’s important to get the facts straight in all aspects of adultery.

If you openly catch your spouse in an affair then detectives and private eyes may not even be needed. It’s not often that a spouse comes clean about an affair and gives all the details you would need in your divorce case. A detective may help your case in court however. You will most likely need a corroborative witness, for example a mutual friend or neighbor, who has witnessed the affair and has nothing to gain by making a statement in court. A lot of adultery cases a proven by circumstantial evidence by proving that the spouse that had the affair had the opportunity and disposition to commit adultery. In order to establish adultery, you must have clear evidence that is very convincing.

A good example of convincing evidence would be public displays of affection between the guilty spouse and the paramour (the extramarital partner), such as holding hands, kissing, hugging. Those examples create evidence of an adulterous disposition. An example of an opportunity to commit adultery would be if the guilty spouse was seen at the paramour’s residence for long amounts of time. You must prove disposition and opportunity in most cases for the court to agree to adultery as grounds for divorce.

Build a good case for yourself and get all your facts together. The more information you collect and document, the better you will be prepared for your divorce.

Source : Virginia State Code

Asking Questions….

Divorce — Mon, 30 Mar 2009 19:38:45 GMT

Why are we sometimes scared to ask questions? I have felt this way before…I think because when I go to ask something I wonder if it will sound dumb…but i do not think there is a dumb question out there, when you really think about it, we must remember we all are smart in different areas, so asking allows us to learn! Especially when it comes to your divorce and child support ones, we do not want to do something wrong, just because we were nervous to ask. Asking questions is sometimes what saves us from being basically blind in a situation! Wither you ask a question here, which I love helping people, or you ask your divorce lawyer, or even a friend, it is important to ask anything you may have concern about. One thing you do not want to do is end back up in divorce court trying to reopen your divorce.

Make sure you also research your divorce lawyers, I have no idea how many times I have told people this, going to the first divorce lawyer in your telephone book that handles divorce, or the first add on the internet or by word of mouth is not always the best, you want to ask around, you want to ask questions, even on your divorce lawyer, make sure you research and even meet with several divorce lawyers.

Again I want to stress, how important it is to ask questions, never feel scared or think that any question is dumb, its not, it may save you a long run around of divorce issues in the long run, by asking!

Maryland Divorce and Identity Theft

Divorce_Information — Mon, 30 Mar 2009 12:00:00 GMT

In the crazy shuffle of divorce sometimes all the other things we need to do in life are easily forgotten. Getting your financial status straight should be everyone’s top priority, whether you are in a divorce or not. It’s very important that we make sure no one is falsely using our name and causing more stress than we need by taking advantage of our good credit scores.

The worst factor of identity theft is that victims may not know their credit has been used unlawfully until it’s too late. Be smart and keep an eye on your records.

Review your credit report often. Make sure there are no surprises or purchases that you are unaware of. A good thing to keep an eye on is the inquiries section of your credit report. The inquiries section is where you may find an indication that you are a victim of theft. This is where you will see how many accounts have been opened, or where a thief tried to open an account but failed to have all of your information.

The three major credit bureaus that you can look at are :

www.equifax.com

www.transunion.com

www.experian.com

Keep a close eye on your mail. If you do not get a statement in a timely manner, contact your creditor. Thieves are keen on stealing mail to find out all of your information. The safest bet for everyone is a post office box, then your mail cannot be stolen. Hand deliver mail that has your personal information on it to a secure mail location rather than just putting it in your outgoing mail.

When you apply for a new account at most places, the only information needed is your name, social security number, current and former address. Keep your social security number safe and well out of reach to be stolen.

Money matters ! Keep an eye on all of your records. The last thing you need in a divorce is to be a victim of theft.