January 2008 - Posts

Utah Divorce.

Utah divorce, you must at least live in Utah for up to 3 months after being married to file for a divorce, and a resident of the county for 3 months to file for divorce, so if you have lived in Utah even a couple years and then move to a different county, you must live there for at least 3 months before filing for divorce, you must also file for divorce in the county that you live in. Now unless you are in the armed forces that are stationed Utah at the time, then you can file for divorce even after being stationed there for a few days. In Utah there is a ninety day waiting time after the divorce is filed, before the divorce will ever be granted. In this time you can also speak with marriage counselors to see if the marriage can be saved and not result in divorce. In Utah there are no fault grounds for divorce, and other grounds that I will show you a list of for divorce in Utah. Here is a list of the no fault grounds for divorce.

If the spouses can no longer get along, and the marriage is past fixing also referred to as irreconcilable differences, a divorce can proceed.
If the spouses have lived apart for at least 3 years under a legal separation, a divorce can proceed.

Here are other grounds for divorce in Utah.

If either of the spouses have had an affair and cheated also referred to as adultery, a divorce can proceed.
If there is impotence in the marriage, a divorce can proceed.
If either of the spouses are convicted of a felony, a divorce can proceed.
If either of the spouses have been left and deserted for up to a year and has proof that their spouse deserted them, then a divorce can proceed.
Severe abuse and cruel treatment, along with neglect, a divorce can proceed.
Drug or alcohol abuse, along with treatment failing, a divorce can proceed.
If either of the spouses have extreme mental problems, which is incurable insanity, a divorce can proceed.

Now remember you must be able to have proof and show any of these grounds for divorce. The divorce process in Utah starts when either of the spouses files for a divorce in the district court; this is also referred to as a complaint. Remember there is a 90 day waiting period after your spouse has been served and given a reasonable amount of time to respond to the divorce papers in Utah. As in most states if all property division, debt dividing, child support and child custody is agreed upon the divorce can be finalized without a trial. If there is any arguments to any of these points then a divorce trial date will be set.

Posted: Jan 30 2008, 07:12 AM by Divorce | with no comments

Filed under: Divorce, Utah Divorce

Ohio Divorce.

If you are living in the state of Ohio and want to file for divorce, the rule of the state is that you must live and be a resident of the state of Ohio for least six months, before you can file for a divorce there. If both of you agree on the divorce, then you can get a divorce by stating that you both are not able to live with each other, that you are incompatible, and that the marriage is beyond repair. If either one of you do not agree with the divorce then there are grounds for the divorce in Ohio that must be proved. So here is a list of those grounds for divorce in Ohio.

If you and your spouse have lived separate for up to a year, then this is grounds for divorce, but remember this must be proved that you both have lived in separate households.
Grounds for divorce are bigamy.
If either of you have had an affair in the marriage, also referred to as adultery, this is grounds for divorce, but again you must have proof of this before divorcing.
If there has been any fraud within the marriage, if your spouse is a fraud, then this is grounds for divorce.
If there has been major neglect in the marriage, this is grounds for divorce.
Drug addict or alcohol abuse is grounds for divorce, especially if you have tried to get your spouse help, and there still seems to be no hope for their addiction.
If your spouse has been arrested and in prison, at the time that you went to file for divorce.
If you have been married out of state, this will not release you from the Ohio rules on grounds for divorce.

These are a highlight of the grounds of divorce in Ohio, If none of these can be proved and one of you do not agree on divorce, marriage counseling is always an option, on helping figure out the problem within the marriage. In Ohio the divorce process begins when either of the spouses files for a divorce, in the state of Ohio this is referred to as a Complaint and is filed with the Court of Common Pleas. The other spouse will be filed with divorce papers and given a reasonable amount of time to respond to the divorce papers. If everyone agrees on the divorce, debt division, property division, child custody, and child support, then the divorce papers will be changed to what is called a dissolution agreement, this kind of divorce can be finalized without going to a divorce trial. If there is disagreement over the divorce then a trial date will be set for the divorce.

Posted: Jan 29 2008, 07:45 AM by Divorce | with no comments

Filed under: Divorce, Ohio Divorce

Maine Divorce.

In the state of main, you will have to be a resident at least 6 months there to be able to file for a divorce. I will say it again each state is different on the time limit to live there before filing for a divorce. In Maine when you file for a divorce, it is called a divorce complaint. The legal divorce process begins when one of the spouses files a divorce complaint with the divorce court. The divorce may be filed in the county where either spouse lives at that time. You will have to wait for at least 60 days after your spouse is served with the divorce papers, before you can get divorced, they must be given an appropriate amount of time to respond to the divorce papers. There also may be other issues to where the divorce can not be granted 60 days after the divorce papers have been served. Here are the grounds for divorce in Maine, in which a divorce can be granted.

Irreconcilable differences within the marriage, which means that both couples agree that the marriage is beyond fixing, and that a divorce is the only thing that can be done.
If one of the spouses cheats on one another, also know as adultery, and then the divorce process can begin.
A divorce process begins if there is impotence in the marriage.
If there is abuse within the marriage, extreme cruelty, beating and even mental abuse, a divorce process can begin.
The divorce process can begin if you have been deserted in the marriage for 3 years.
Major alcohol abuse and drug addictions, beyond being able to help a person, or even if you have tried, a divorce process can begin.
Mental illness in either spouse that causes them to be put in an institution for at least seven years and there is no help for the spouse, then the divorce process can begin.

Of course the most common type of divorce in Maine is irreconcilable differences, which means there is usually no fault between one and the other, and also says that each spouse agrees that they can no longer live together in the marriage. It is also a lot easier to divide debt and property within a divorce like this, all the others of course you must have proof in the divorce that these have happened, in those matters one spouse can walk away with more, so a lot of times the couple will agree that the marriage is beyond fixing and is irreconcilable differences. Again like most states if everyone is agreement with the divorce, debt division, property division, child custody, and child support, the divorce can be granted without going to trial, if any of these are not in agreement a divorce trial with the divorce court will be set.

Posted: Jan 25 2008, 07:04 AM by Divorce | with no comments

Filed under: Divorce, Maine Divorce

Arizona Divorce.

If you live in Arizona divorcing can be a little more difficult. There are 2 types of marriage in Arizona.

Standard Marriage
Covenant Marriage

So now that I have said that, a standard marriage was pretty much established before 1998, when new laws were wrote into being married, the steps to getting married and the steps to getting divorced, and the grounds for divorce are different from standard marriage.*Standard Marriage*When the standard marriage is involved, you can say that the marriage is irretrievably broken; this means that there is no chance of the marriage ever being fixed and that resulting in divorce.*Covenant Marriage*Due to the law being changed in 1998 there are different things the divorce courts go by to get a divorce in Arizona.

You must have proof that your spouse has committed adultery. Then you may start the divorce process
Your spouse being convicted of a felony, which means that they will either go to prison or be put to death. Then you may start the divorce process.
Your spouse must have abandoned you over one year, and you must have proof that you have been on your own, over that period of time. Then you may start the divorce process.
Any abuse, wither you or your children in the marriage have been abused, again having proof is important for divorce.
Living apart or a legal separation for up to 2 years, now the legal separation must have been obtained. Then you may start the divorce process.
Alcohol or drug abuse, that you have tried to get your spouse help for, but does not seem to work. Then you may file for divorce.
When both spouses agree completely on the divorce.

In the state of Arizona divorce is referred to as the petition for dissolution of a marriage. You must have lived in Arizona for at least 90 days before you can file for a divorce in Arizona. The divorce must also be filed in the county that you and your spouse reside in. The legal divorce process beings when your spouse files for a divorce, with the Superior Court. A divorce in Arizona can not be granted until at least 60 days after the papers have been delivered to the other spouse. If both you and your spouse agree with the divorce, along with debt division, property division, child custody, and child support then the divorce can be finalized without going through the divorce court, and the divorce will be also finalized soon after that 60 day period. If you and your spouse are not in agreement with even one of these, then a trial date will be set to go to divorce court.

Posted: Jan 24 2008, 07:09 AM by Divorce | with 2 comment(s) |

Filed under: Divorce, Arizona Divorce

Can’t Afford A Divorce Lawyer?

There are things you can do, even to reopen a divorce case, which can sometimes be a little sticky you can get help. So do not give up if you think you can not afford a divorce lawyer, I am going to run down a couple of programs that will possibly help in finding your divorce lawyer. Many states and communities you live in, one side is the divorce, one of the spouses will not even have a lawyer. *FEDERAL FUNDED PROGRAMS*There are federally funded programs that can help you with your divorce. These services are usually done by the staff attorneys, sometimes getting their experience, and have some experience in what they are doing. Every divorce lawyer has to start somewhere. If you are low income looking into this can be one of your options for divorce. But these are offices that receive federal funds to provide these divorce lawyers or any other legal issue that you are dealing with, so you must make sure that the office you are going through does provide this. *THE PRO BONO PROGRAMS*So what is a pro bono program? Many states, local bar association offer what is called a pro bono for your divorce help or other legal matters. These are offered by local lawyers who have agreed to help provide with some free legal representation for your divorce or other legal matter at the time. To qualify for this you must be usually abused by your husband, very sick, over the age of 65 etc, it must be a very serious matter to receive the pro bono programs. You will also have to prove your income level as well as your assets. *THE SELF HELP CLINICS*These are also provided by local or county bar associations, where you can call free help clinic for your legal questions, and any advice you man need on your divorce, your income that you can not afford a divorce lawyer or any other questions. They can help lead you in the right direction on where to find a divorce lawyer or what to do. You will talk to a lawyer that is experienced, this happens either weekly or monthly depending on the state and area you live in. You also may be able to be part of a large group that can ask questions and help each other out. *A COURTHOUSE FACILITATOR*A lot of court houses are offering this now, not all but some, it seems to be on the increase. There are facilitators that can help process your divorce or any legal claims. They can at least help walk you through questions you may have or where you should have your paperwork filed. You will need to check with your local bar association of courthouse to see if this is available in your area. *A LOWCOST LEGAL PROGRAMS*These are offered to people who make to much income to be able to use the pro bono or the other legal services, but not enough to hire a divorce lawyer to be able to file for divorce. If you are one of these people who can not afford your divorce lawyer then there is phone hotlines for you to call, now they do charge by the minute but they will help you find a divorce lawyer or other lawyer depending on your legal matter, at the lowest price possible. *PUBLIC DEFENDER ORGANIZATIONS*In most all states they have public defenders; these defenders will provide a free or low cost legal representation in your divorce or criminal cases. To receive this you must have a certain income, and be able to prove paperwork on how much your income is, before receiving. I really hope this helps give a little information on how else you can get help for a divorce or other legal matters such as child support…etc.

Posted: Jan 23 2008, 07:38 AM by Divorce | with 4 comment(s) |

Filed under: Divorce, Child Support

Alaska Divorce.

In Alaska there is no set time that you need to be a resident of Alaska for divorce, as long as you live in Alaska at the time, and then you can file for a divorce. In most states you need to live within the state and be a resident for a certain amount of time, before filing for divorce. Take note of how long you must be a resident of your state before filing for divorce. In Alaska divorce is basked in irretrievable breakdown, which means that there is no hope for the marriage, that the couple has found no way to continue in the marriage, resulting in filing for divorce. There are a few other reasons for divorce in Alaska, and here is a list of a few grounds for divorce in Alaska.

If the marriage has not been consummated, then this is grounds for divorce in Alaska, you must consummate your marriage, or a spouse can have grounds to divorce.
If your spouse has cheated on you with someone else, also referred to as adultery. This is a ground for divorce in Alaska.
If either spouse is convicted of a felony while married, then this is grounds for divorce in Alaska.
If your spouse has abandoned you for up to one year, then you can go file for divorce on grounds of desertion.
Abuse, cruel treatment. It is good to have records yourself along with pictures if possible of the abuse in the marriage. This is grounds for divorce in Alaska.
Drunkenness and drug abuse in the marriage, if all hope in helping this person fails, and then you have grounds for divorce.
A mental illness that has institutionalized your spouse up to 18 months or no treatment for the mental illness, then you have grounds to go ahead and divorce in Alaska.
Extreme temperament behaviors, then you have grounds for divorce.
Also if there are personal indignities, you have grounds to divorce.

Divorce in Alaska starts when one of the spouses files for divorce. In Alaska the divorce is referred to as a petition for dissolution of marriage. Once the spouse has filed for divorce, then the other spouse is served with the divorce papers, and given a respectable amount of time to respond to the divorce papers that they have received. In any case, if everyone agrees on the debt, property debt, child support, and child custody then the divorce can proceed without any kind of a trial and settled out of divorce court. If the parties do not agree with the divorce or debt, along with child custody and support then a trial is set in divorce court.

Posted: Jan 22 2008, 07:49 AM by Divorce | with no comments

Filed under: Divorce, Alaska Divorce

Florida Alimony After Divorce.

There are certain factors and decisions on alimony in Florida; here is a look at the factors for alimony after divorce in Florida.

The standard of living while being married is looked at. How did you live during the marriage, and what will your standard of living be after the divorce, if alimony is not received.
How long the marriage took place, was it a couple months, a year, or several years that you were taken care of before the divorce.
The age and mental soundness of each spouse is looked at.
How much you will be receiving in the divorce, so the assets are looked at, this will include assets of yours and your spouses. How much was brought into the marriage by both of you and what you will be leaving with in the divorce.
Who paid the biggest portion of the bills in the marriage? Where you a stay at home mother, while your spouse took care of the biggest portion of the bills before the divorce.
All the sources of income to each party, before and after the divorce.
The health and condition of each spouse, if there is any medical conditions that will be treated for the rest of your life.
How easily it will be for a person to reenter the work force after the divorce, and how much they will be making.

The divorce court sometimes will order temporary alimony, while the divorce is proceeding, unless these other factors play in, how long it will take you to start making an income to support yourself. Alimony after a divorce can be paid for a certain amount of time, but can also be modified at any time due to changes such as pay raise, and being able to take care of ones self.

Posted: Jan 21 2008, 08:37 AM by Divorce | with no comments

Filed under: Divorce, Florida Divorce, Florida Alimony, Alimony

Idaho Grounds For Divorce.

Every state is different on grounds for divorce; while some are similar there are different factors and rules each state must go by. In Idaho it is one of the states you can live the least amount of time and still get a divorce, where most states ask that you are a resident for sometimes six months to at some points a year or so, Idaho ask that you at least live within the state for up to six weeks, that is when it is legally alright for you to file for divorce in Idaho. In Idaho the divorce process will begin, when one of the spouses files for a divorce in the county where the other spouse lives, that means if she has moved to another county the filing spouse must file in the county that that spouse resides in. to file for divorce if the spouse lives in another state, then you must in the county where the filing spouse resides. It can get confusing, sometimes if you know you are separating and going for the divorce process, it is better to go ahead with the process and then move on to your new area, after the divorce. In Idaho there are several reasons to file for divorce; here is a list of when and why a divorce will be granted.

If there has been adultery in the marriage, then a divorce will be granted.
Extreme abuse and a spouse being cruel to the other spouse, then a divorce will be granted.
If you have been deserted and left by yourself, then a divorce will be granted.
If there is major alcohol and drug abuse, then a divorce will be granted.
If there has been a conviction of a felony, then a divorce will be granted.
If a mental illness has permanently made your spouse insane, then a divorce will be granted.
Then irreconcilable difference, the marriage can not be saved and neither one of you can get along, then a divorce will be granted.

Remember you have to prove these in a divorce court and have proof if there has been adultery, extreme abuse, desertion, alcohol and drug abuse, and mental illness. There must be proof of this in the marriage and you must show it in divorce court. If you just can no longer get along with your spouse and want out of the marriage, do not point a blame of something they have not done, this can not only ruin their future but yours. There are times when people just no longer get along in a marriage. It is better to part as friends and move on with your life the best you can, then putting more pain into the lives of others. A divorce process is hard no matter what the circumstances are; this was a person you thought you would spend your life with. It is even harder when there is children involved, move on and be friends for them.

Posted: Jan 17 2008, 07:43 AM by Divorce | with no comments

Filed under: Divorce, Idaho Divorce

Georgia Divorce.

To file for a divorce in Georgia you must be a resident for at least 6 months to file for the divorce, a divorce in Georgia is referred to as a petition for divorce. You also must be a resident of the county you reside in to file for divorce. It is also allowed for a person to move out of state, but to file for the divorce against the other spouse, they must have lived in Georgia for at least 6 months, and the current spouse you are filing against must reside there. To get a divorce in Georgia you can simply state that the marriage is irretrievably broken and that there is no condition of you getting back together, which results in a divorce. In Georgia, you do not need to show any wrong doing of the other spouse in order to get the divorce. In some states you do need to prove that there was a wrong doing in the marriage to go through with the divorce process or marriage counseling is ordered, but both must be in agreement of the divorce when the papers are served. In the divorce process if both spouses are not in an agreement of the divorce, then the spouse filing for the divorce must prove one of the following or even more, for the divorce process to go through.

That the person is mentally incapable. Then the divorce process can proceed.
That the other spouse committed adultery. Then the divorce process can proceed.
That they were deserted in the marriage for at least a year, and not taken care of. Then the divorce process can proceed.
Alcohol or a drug addiction that has worn the marriage down. Then the divorce process can proceed.
Abuse and cruel treatment in the marriage, it is good to keep document and pictures if you are being abused. Then the divorce process and proceed.
A mental illness that is not treatable or curable. Then the divorce process can proceed.
That the wife was pregnant by another man other than her husband, during the marriage. Then the divorce process can proceed.
Sexual abuse against their children. Then the divorce process can proceed.

The divorce process which is the petition for divorce begins when papers are filed for divorce in the Superior Court. The other spouse will then be served with the divorce papers, and they will be given a descent amount of time to respond. In Georgia a divorce can not just grant a divorce If it is irretrievably broke down until thirty days after the other spouse is served with the divorce papers. If both spouses are in agreement of the divorce and all debt division, property division, .child custody, and child support, then the divorce can take place without going to trial. If there is any argument on any of these issues or the marriage, the divorce must go to trial, and also if there is a argument on the divorce, the other spouse must prove what was wrong in the marriage.

Posted: Jan 15 2008, 07:43 AM by Divorce | with no comments

Filed under: Divorce, Georgia Divorce

Kentucky Divorce.

In Kentucky there is a no fault based divorce. This divorce means that either one of the spouses in the marriage can say that the marriage is broken or there will be no reconciliation between the two. To file for a divorce in Kentucky you must have lived and been a resident of the state for at least 180 days. Also to file for divorce in Kentucky you must have lived apart from your spouse for 60 days, and for the divorce to even be granted. This shows that the marriage is broken. It is suggested even though that couples that have lived apart for the 60 days should still seek a marriage counselor. It is important that if you have not lived apart for 60 days and still in the same home, to see a marriage counselor. A counselor can help the entire family, especially if kids are involved it is so important for families to at least tolerate each other and get along, through the divorce process. Again if the marriage consist of just fighting and the counselor sees that its best if you do live apart and file for divorce, for it being better on all, but there is always a chance in saving a marriage. People forget about what made them love each other in the first place, sometimes just stepping back for a moment, and evaluating the situation can help, at least for both couples in the divorce to get a long. The divorce process in Kentucky starts when one of the spouses files for the divorce, also referred to as a complaint for dissolution of marriage in Kentucky. The divorce must be filed with the Circuit Court in Kentucky. The divorce also must be filed in the county that both of you reside. When the divorce has been filed then the divorce papers will be served if the other spouse does not know, and given a timely manner to respond to the divorce. In the state of Kentucky you can also file for temporary assistance from the courts for help with child support and child custody, especially if the divorce is going to be long and drawn out. Some divorces will take a bit more time when it comes to children and dividing debt, not all couples get along and fight, again why a marriage councilor is important, wither helping with the divorce process or regaining each other in the marriage. If both couples in the divorce are in agreement from, property division, debt dividing, child custody, and child support then a more simple divorce procedure can take place. This is only available to couples that are getting along and agreeing with everything in the divorce, there can be no disagreement for a couple to file for a written separation agreement. If there is any argument then the divorce can not take place with the written separation. Once the written separation for a divorce has been agreed upon it then will become part of the divorce in Kentucky.

Posted: Jan 11 2008, 07:27 AM by Divorce | with no comments

Filed under: Divorce, Kentucky Divorce

Divorce In Hawaii.

Filing for divorce in Hawaii may be a little more complex, it is the divorce court that allows for the divorce. The divorce process of course starts to take place when one of the spouses files a complaint for divorce. In Hawaii you must be a resident for at least six months. You can not file for divorce if you move out of Hawaii into another state. You must file while living there at the same residence for at least sis months. When a complaint for divorce is filed then it becomes a petition for divorce and then is taken to the Hawaii Family Court. The other spouse must know of the complaint for divorce. When you have a complain petition for divorce in Hawaii; there will be what has caused the divorce on the complaint petition and then the divorce court must decide if any of these are true. So here is a list of why you can file for divorce and Hawaii and then the divorce court will make there decision based upon.

Is the marriage broken? Is it beyond repair and must result in divorce.
The spouses have lived apart or have been separated from the marriage under a decree of separation with the courts. There is also no chance of the spouses getting along or either one wanting to save the marriage, then this will allow the divorce petition to be completed.
The spouses have lived at least separate or apart under a decree of two years with the courts, and there is no chance of the spouses saving the marriage, again this will allow the petition for divorce to be completed.
The spouses have lived continuously apart for two years, there is no chance at all the marriage will be saved then the application for divorce will be immediately preceded.

Each state as we have talked abut before has its own rules that the divorce court follows. In most states you must be a resident of the state for a certain amount of time before filing for divorce. In Hawaii both spouses must know about the divorce when they take in the complaint for divorce, before the courts will even allow the petition to be filed. As I have said many times before a divorce is a horrible time in anyone’s life. I believe that each spouse should know what is going on in the marriage. Letting someone believe something else is cruel.

Posted: Jan 09 2008, 08:10 AM by Divorce | with no comments

Filed under: Divorce, Hawaii Divorve

Florida Divorce Law

You must be a resident of Florida to file for divorce, which means you can not move and then file, you must live and file for divorce in Florida. Although if you are not a resident but are in the armed forces and you are stationed in Florida, you may file for divorce; this does include either spouse, as long as you are stationed in Florida at the time of the divorce. In Florida a divorce is referred to as dissolution of marriage. You may file in for divorce at any time in Florida, and you can just state that there is irreconcilable differences in the marriage, and that the marriage has come to an end and you would like a divorce, the marriage is broke down and there is no agreement between either spouse. The marriage is past fixing and has resulted in a divorce. If there is an agreement on both sides and no arguments then you can just simply put a stipulation, that you can go ahead and divorce, ending the marriage. If either spouse disagrees with the divorce and says the there is no need for a divorce that the marriage can be saved. If there is kids involved, or there is fighting due to how to split the debt in the divorce, then the courts can order that there needs to be marriage counseling before the divorce process can go into any affect. In the state of Florida counseling for a divorce does not need to come directly from a marriage/divorce counselor, you may also see a psychiatrist, minister, rabbi or other persons that are experienced in counseling. Counseling for your divorce in Florida may not come through any family member or person not experienced in counseling for a family. In any state and with any person a divorce has much affect on the entire family, it is recommended to see some counseling before a divorce takes place, to see if any marriage can be saved. Although fighting and a marriage breakdown to where people can not live together is better ended in divorce, for a family. In Florida the divorce process does begin when divorce papers are filed and then served to the spouse. The spouse s given time to respond to the divorce papers, but not for a prolonged amount of time, divorce papers must be responded to in a descent amount of time. If both parties agree on everything in the divorce papers, the divorce may not even have to go to any kind of a trial; but there must be an agreement on everything including all debt, child support and child custody and visitation in the divorce. If there is any argument in the divorce papers then the divorce trial will be set for sometime in the near future.

Posted: Jan 07 2008, 08:25 AM by Divorce | with no comments

Filed under: Divorce, Florida Divorce

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