All Things Legal - Experts and Resources

How to Get Help for Victims of Domestic Abuse

Posted to by Cathy Meyer on Sat, 01/12/2013 - 8:53am

Domestic abuse does not have to be physical to be experienced as abuse. Abuse can include belittling a woman, keeping her on a very tight leash financially, limiting her movements outside of the house, filling the house with fear. A Canadian study found that 79 percent of marriages with serious abuse end in divorce.

The first step in dealing with abuse is recognizing it. But action must be taken. Here are some sources of information:

• National Domestic Abuse Hotline

• Domestic Abuse Awareness Handbook

• State Coalition List

• Domestic Abuse Shelters

• Domestic Abuse Victims Rights

• Women's Law.org

Escaping Domestic Abuse:

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6 Mistakes to Avoid in the Divorce Settlement Process

Posted to by Cathy Meyer on Wed, 01/09/2013 - 9:14am

Maintaining your financial security is one of your most important considerations when faced with divorce. Your main concern should be negotiating the best possible settlement agreement — one you know you can live with after the ink dries on your divorce decree.

There are many steps you can take to ensure you will come through the process financially secure. Below is a list of some commonly made mistakes when negotiating a divorce settlement — make sure you don't fall victim to them!

1. Never agree to a termination date for spousal support or alimony if the law does not require it. Make sure the wording in your divorce decree states that this issue has to be revisited in court before payments can stop. You may continue to need financial assistance from your ex-spouse past a date in your decree. You want to have the option of arguing against modification of support in court.

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The Difference Between Legal Separation and Divorce

Posted to by Cathy Meyer on Wed, 12/05/2012 - 9:59am

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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Prenup vs. Postnup

An exclusive interview with attorney Lynne Strober

Posted to by Debbie Nigro on Wed, 11/07/2012 - 7:50am

Do you know the difference between a prenup and a postnup? Get the facts and find out the differences here as Debbie chats with attorney Lynne Strober.

Prenup: A prenuptial agreement, commonly abbreviated to prenup or prenupt (also can be known as an antenuptial agreement, or premarital agreement) is a contract between two people (usually a man and woman) that is entered into prior to marriage. The content of a prenup can vary, but usually pertains to issues such as choice of laws, equitable distribution, alimony, community property, religion, name, or anything that is not void by law. They may also include terms for the forfeiture of assets as a result of divorce on the grounds of adultery; further conditions of guardianship may be included as well.

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Protecting Your Finances During Divorce

Posted to by Katherine McKee on Wed, 10/24/2012 - 8:41am

Okay, so you're in the middle of a divorce and your ex has somehow managed to ruin your credit even though you were the one who handled most, if not all, of the finances. What do you do? Well, First Wives World has tackled this subject before, and we're going to keep educating you about it because it's soooo important.

As many people know, divorce can bring on financial ruin. If you have merged assets and joint ownership of property (like most married couples do), this is a major issue! I was reading a story that brings up a good point: When you divorce, your marriage ends — but not your shared financial responsibilities. If your spouse racked up debt without your knowledge during the marriage, you may be held responsible for it after the divorce. It sucks, but it's true.

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How to Protect Yourself from Adultery

No-Fault Divorce laws require you to be diligent and calm

Posted to by Cathy Meyer on Tue, 10/09/2012 - 7:40am

Before no-fault divorce laws, the courts considered sex something that was exclusive to marriage. A wife was protected from the negative consequences of adultery by criminal law, specific divorce laws that addressed adultery, and, in some cases, alienation of affection laws.

With the introduction of no-fault divorce laws, the courts, for some reason, decided they had no business being involved in the issue of whether or not a husband was faithful, or the right of a wife to be compensated for a husband’s cheating ways.

Let’s look at marriage and adultery from an economic point of view. Marriage vows connect two people emotionally, through their love, and legally, via a contract offered by the state.

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How Mediation Works

Posted to by Rachel Fishman Green on Wed, 09/05/2012 - 5:53am

Can mediation truly work for a couple going through a divorce? It may be hard to imagine it can, especially when you have been embroiled in a conflict. The fact is that many divorcing (and non-divorcing) couples tend to fall into the same fights over and over again — and that is exactly why a neutral third person can help.

Mediation is a process used for resolving conflict. Experienced mediators such as myself can help you move through the issues and find new ground for resolution. Here's how:

Mediators are neutral

We won't take sides with you against your spouse, or with your spouse against you. Instead, we work with you to increase your understanding of each other and your conflict. We won't make decisions for you — only you will decide what is best for your future.

You have the control

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