How To Enforce A Divorce Decree

divorce decreeDuring a divorce process, a court enacts a divorce decree. Usually this is a court order that must be followed by both ex-spouses. If one of the ex-spouses fails to act in accordance with it, the other ex-spouse can take steps to enforce this order.

If you have problems with your ex-spouse abiding the divorce decrees, you should firstly request the proper forms from your local courthouse. You can take them home and fill them our carefully describing in detail each breach of the divorce decree. It is important to include a description of how the breach has impacted you and docsyour children, if you have ones. For more credibility, don’t forget to attach any written proof of the violations to the completed paperwork:

  • emails
  • invoices
  • correspondence and others.

 

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Are You Really Ready for Divorce? Find Out the Steps to Get Ready for Divorce

Once you have considered the relevant factors and have decided to file for divorce from your spouse, you will need to learn how to protect your interests.

9 STEPS TO GET READY FOR DIVORCE

1. Think about your children’s well-being first. You have to come to an agreement withDivorce your spouse concerning your children’s Child custody and visitation and Child support/alimony.

2. Read as much articles and books on divorce and divorce process as you can, consult an attorney if you don’t understand some matters. Knowledge about the law and court procedures can make what’s coming a little less frightening.

3. Gather information on your finances and assets, property, income and liabilities. Run a credit report and make copies of your account statements and tax returns, find the values for your cars and house. You can even make a video inventory of the house to be sure you won’t overlook something and thus you’ll have a proof of your words.

4. Assess your personal items. If there are things that matter to you, that you do not want to lose (pictures, family heirlooms, etc.) – document their existence and remove them to a safe place.

5. Change access to accounts: all your passwords for the email, bank account, pension, etc. Be sure not to use new ones that are easy to guess.

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Dissolution Of Marriage: Divorce, Separation, Annulment

marriageThe dissolution of marriage is a legal act that not always coincides with the wishes of both parties. Divorce is a very complicated and typically emotional process that involves division of marital property, debt, custody of any children, payment of child and/or spousal support and others. Generally, divorce is defined as legal termination of a marriage relationship.

divorceIf there are no disagreements between both parties and they can reach a decision on basic divorce issues without going to trial, the divorce is called uncontested. A contested divorce happens when the spouses cannot reach an agreement on terms of divorce and they end up in a court. When a spouse asking for divorce does not have to prove that the other spouse did something wrong, the divorce is considered to be a no fault divorce. If the reason of divorce is cruelty, adultery, imprisonment of a spouse for several years or other wrongdoings, this makes up a fault divorce.

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Paternity – How Do You Know The Baby Is Yours

pppWhen a wife gives birth to a child it is determined that her husband is the baby’s father. This is called presumption of paternity, that means that as a result of marriage a man is assumed to be the biological father of the child without additional evidences. Paternity means fatherhood and it can be established in two ways:

  • by voluntarily signing  the Acknowledgment of Paternity
  • by petitioning the court to determine paternity

dnaIn the case when the court should determine the biological father of the child, the mother, the child and the presumed father should submit to certain genetic tests. This is usually the DNA testing, where the genetic material of the child is compared against the man’s DNA. This type of testing has the accuracy rate of greater than 99%.

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Can A Child Support Agreement Help In Collecting Child Support?

Asking yourself what child support is and who is obliged to pay it? You don’t know whether you are eligible for child support and what should be the amount of it? This article is meant to provide you with all the information you need.

child support

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Separations – Do They Mean The End Of Marriage And Are A Prelude to Divorce?

separateThey say marriages are made in heaven. No one knows how long their marriage will last but once reached the breaking point, the couple decides to separate. Separation means that the married couple is simply living apart. The law does not require a married couple to live together.  A Legal separation is a court order that mandates the rights and duties of a couple while they are still married, but living apart. A legal separation isn’t a divorce. A benefit of a legal separation is that it is the last chance to save a marriage by revising spouses’ mistakes and coming to an agreement.

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Child Custody. Who will take legal care of the child after divorce?

Nowadays people get divorced daily. The reasons can be different but the result is always the same in the couples that already have children. The most important question that arise during and after the process of divorce is, who is going to have custody of the child/children.

ccustody

Child custody is a legal term that defines the relationship between the child and the parent, where the parent has the right to make decisions for the child and take care of him/her. The decision with which parent the child will reside is made, based on the child’s best interests. That means that the interests of the parents, child’s wishes and child’s relationship with each parent are taken into consideration. Sometimes, people other than child’s parents can obtain custody, including relatives such as grandparents, aunts, uncles, close family friends, or other people who wish to get custody of a child. It is usually called “non-parental” or “third party” custody.

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The Best of Both Worlds – “de facto” Spouse Status

A Wall Street Journal Blog posting written by Sam Favate entitled; All the Perks of Divorce, but without Marriage, discusses an ongoing case in Canada about a couple who had lived together for a decade but did not get married (i.e. “de facto spouse status”).  They had three kids together and ended their relationship more than 10 years ago.

The woman in the relationship challenged Quebec’s law on the basis that it discriminates against unmarried couples and sought to get the same benefits to which a married woman would be entitled.  One important fact is that her former partner is a billionaire.  A decision is expected sometime in July.

 

 

Preparing a Financial Affidavit in a Divorce Proceeding

          

Going through a divorce can be painful in many ways.  The emotional stress alone can at times be overwhelming so why add to that stress when preparing your Financial Affidavit?

Jeff Landers has written an excellent article for Forbes Magazine entitled; The Five Key Points Divorcing Women Need to Know About Financial Affidavits

The article is a must read for anyone who is currently going through or will soon be going through the process of preparing a  Financial Affidavit.  Our advice is simply that “an ounce of prevention is always worth a pound of cure”.  While your attorney can assist you in many ways throughout the divorce process, organizing your financial records is one of the most important aspects of preparing your case.  The better prepared that you are in presenting your financial profile, the easier that it will be for your attorney to achieve the kind of results that you are seeking.

For further information about Jeff Landers, please go to his website at: http://www.BedrockDivorce.com or email Jeff at: Landers@BedrockDivorce.com.

Can a Family Lawyer Really Help You in This Case of a Man Who Fathered 30 Children?

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Just when you think that you’ve heard it all, along comes the story of a 33 year old man from Tennessee who has fathered 30 children with 11 different women.  The article can be found on JDJournalNothing But the Truthhttp://www.jdjournal.com/2012/05/21/father-of-30-children-asks-for-break-in-child-support-payments/

Included in the article posted on JDJournal is a short video from Buzz60 which provides additional details and photos - http://www.dailymotion.com/video/xqyrvt_tennessee-man-fathers-30-kids-needs-help-with-child-support_news?search_algo=1

We would like to thank JDJournal for publishing a human interest story which illustrates that no matter how good the family lawyer is handling the child support payments for one of the 11 unfortunate women that you can’t get blood from a stone.  Since Desmond Hatchett, the father of all 30 children, only earns the minimum wage, some of the women receive as little as $1.49 in child support payments each month.  How ironic is it that Mr. Hatchett is seeking relief from the court in lowering his monthly child support payments?