All Things Legal - Experts and Resources

How to Fly Solo in Court

Posted to by Cathy Meyer on Wed, 03/17/2010 - 9:11am

When you're going through a divorce, you usually have an attorney, right? Well, not always.

The last two times I went to court over a divorce issue, I went "pro se," meaning I fired my attorney and represented myself. I had to follow the same procedures as a lawyer, which involved completing the paperwork and then filing it. Representing myself worked well for me and could also work for you.I'm not suggesting you throw caution to the wind and jump feet first into the process of representing yourself. If you can find an attorney who's right for you, one who you trust, the divorce process will be less stressful.

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The Legal Rights Of Step-Parents

Debbie Does Divorce with Susan Reach Winters

Posted to by Debbie Nigro on Thu, 03/11/2010 - 8:35am

Do you know who really has legal rights over step-children? From signing report cards to drafting a will, legal expert Susan Reach Winters has some surprising answers in her informative chat with Debbie.

Click the following to return a directory of articles and resource videos on Kids, Family and Divorce.

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Preparing Your Home to Make the Best Impression with the Child Custody Evaluator

Posted to by Diana Mercer on Tue, 02/23/2010 - 9:14am

Before the evaluator comes to visit, parents should do a safety check and make necessary adjustments. The home does not have to be spotless, but sheets should be on the beds. Odors from cigarettes, trash, pets, and diapers should be minimized.

• A wide variety of fresh and healthy food should be in the refrigerator and cupboards. Everyone who lives in the home should be present for the interview.

•Anyone who is a frequent visitor to the home may be there at the beginning but should also be prepared to leave approximately ten minutes after the evaluator's arrival.

•The television should be turned off as soon as the evaluator arrives.

•The evaluator should not be offered anything but a glass of water.

•Let the evaluator choose where to sit and where to talk to household members individually and as a group.

• Inform the evaluator in advance if a household member needs to be seen first because of a work or school commitment.

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Elizabeth Edwards and the Toll of Infidelity

Posted to by Jill Brooke on Thu, 01/28/2010 - 10:03am

Maybe because I deal with a lot of divorced women who have had their hearts sautéed in a frying pan as a result of infidelity and disappointment, I am not surprised that Elizabeth Edwards could be both Saint Elizabeth and Lady Macbeth.

Some women are just driven to it. I am not making an excuse for her behavior, but I do understand it.

For me, the telling heartbreaking detail was what she said to one of her husband’s staffers after living in a bubble of denial for so long about her husband’s mistress Rielle Hunter and then having her illusions popped so publically. (Babies will do that). As reported in the book, “Game Change,” she desperately cried out, “I have to believe it. Because if I don’t, it means I’m married to a monster.”

The guy she married had indeed morphed into an unrecognizable, egotistical monster. But he was still the father of her children.

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Legal Separation or Trial Separation?

9 Key Issues to Consider

Posted to by Cathy Meyer on Sun, 01/24/2010 - 7:24am

In my last article, I discussed legal separation and the benefits to a couple that feel they need time away from a marriage. I strongly suggest anyone making the decision to live separately protect herself legally.

If it all seems overwhelming and that word “legal” is too much to handle, you do have the option of trying a simple, trial separation. A trial separation allows you to experience time away from the marriage without making any final decisions or legal steps toward divorce. That, of course, makes it easier to reverse than a legal separation.

A trial separation is an informal arrangement that you come to with your husband. You work out the guidelines and come to an agreement that you both can live with. There need to be ground rules and you need to understand that if those rules aren’t followed, you have no legal recourse against your husband. Below is a list of issues you will want to think about as part of an informal trial separation agreement:

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The Difference Between Legal Separation and Divorce

Posted to by Cathy Meyer on Sun, 01/17/2010 - 10:02am

A legal separation and divorce are more similar than different. In fact, except for a few key points they are almost the same. The difference is in the legal standard one must meet to obtain a legal separation or divorce and the relief you get from either. Even then, the difference only has to do with whether or not the marriage continues.

All states have legal standards a couple has to meet in order to divorce. You have your no-fault states in which anyone can divorce, reason or no reason. Then you have New York State, which still requires grounds for divorce.

In the end, a divorce simply means that the state you live in recognizes that your marriage is broken and can’t be fixed.

A court can grant a legal separation if “irreconcilable differences between the parties have caused a temporary or unlimited breakdown of the marriage.” A legal separation suspends the marriage whereas a divorce ends the marriage.

The relief offered by a legal separation or a divorce is, again, quite similar and in some situations exactly the same. In cases of legal separation and divorce, most state courts can make provisions for:

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Legal Separation: The Alternative You're Looking For?

Posted to by Cathy Meyer on Wed, 12/30/2009 - 12:14am

Do you need a break from marital conflict, but you’re not ready to take the next step for divorce? If so, legal separation will give you the break you need, and protection while you take time away to figure out your next step.

During a legal separation, a couple will negotiate a temporary agreement and file it with the courts. This means that during the time you are living apart such issues as child custody, spousal support, visitation and the division of marital assets and debts are legally protected.

Be aware though that whatever you agree to during a legal separation may set a precedence that will carry over should you and your husband eventually decide to divorce. You should be as concerned with your long-term needs when negotiating a legal separation agreement as you would be if you were negotiating a divorce settlement agreement.

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