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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Legal Cartoon

Compliments of Mark Anderson of Andertoons

 

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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Spousal Support – the Financial Side of the Divorce

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No one gets married with the expectations that their marriage will fail. Unfortunately divorces happen very often between married couples and this process can become very stressful and emotional. Also such factors like division of the property, child custody or other financial issues can make things more tense.

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Today we are going to discuss one of the financial sides of the divorce, in particular spousal support. This is also called alimony or maintenance. Spousal support is referred to a monthly payment made buy one spouse to the other following a divorce, when the spouse is unable to meet his or her needs without financial assistance.

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Divorce Rate Falls

United States of America has a very high divorce ratio of 4.19%. It is absolutely clear that the main course of divorce in society is Materialism. Moreover, nobody wants to spend their money on somebody else, even on wives.

Still, you can hear it every day that one in two marriages fails. It is more like an epidemic. But compared to such countries as Aruba, they with the second highest divorce ratio of 5.27%, and Russian Federation with the number one divorce rate of 5.3%, we can admit we are not that bad.

Generally speaking, the picture is not complete. The divorce rate is actually falling in America, thanks to economic changes. The highest rate in divorce came in the postwar period, particularly the 1970s, a time when women entered the workforce in large numbers.

Two-Income Family Model

Betsy Stevenson of the University of Pennsylvania’s Wharton School of Business says that in the mid 50’s everything was just as different. The advantage of marriage came from men being in the workforce, while women specialized in home-making.

Stevenson, an assistant professor of business and public policy, says that nowadays women entered the workforce more. However, the marriages with less stark specialization are much more preferred.

In other words a lot of people prefer to marry the right person for the old model of marriages. After all, it is possible to say we are getting better and the two-income family model prevails.

You may find some additional information here: http://www.top10best.net/2012/03/01/top-10-countries-with-the-highest-divorce-ratio/

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.