Wednesday, September 11, 2013

Open Season on Divorce Laws




Seems like it’s open season on divorce laws, many States are making drastic changes – some of these changes appear to have a very negative affect on those contemplating or going through divorce.  Before jumping into divorce, check out your family laws because some of these new laws passed or proposed will have a significant impact on your decision about divorce.

In NC a bill is being proposed called the Healthy Marriage Law which if passed will require those seeking divorce to receive counseling along with the waiting period extension going from one to two years.
New York has been considering changes in the alimony laws and the possibility of pitching the O’brien Precedent, which was a law that factored in degrees or licenses received during the marriage as a marital asset.

Family laws in Florida laws are changing and not necessarily for the welfare of both parties. It all depends on the eye of the beholder.  If you live in Florida, do some homework and find out what laws have been passed regarding divorce.

 Maine has passed and completely restructured their laws on alimony, the new Alimony Act changed rehabilitative alimony, transitional alimony, general term alimony and reimbursement alimony.  This new law isn’t just for those divorcing at this time, but allow those already divorced to have a modification of their divorce judgment.

In 2013 divorce laws are rapidly changing and spouses need to find out how the new laws will affect their divorce judgment.  Many of the family laws were antiquated and definitely needed to be revised.  Check with your State to see what revisions have been made in divorce laws for it will make a difference in how a divorce judge will make his or her final decisions.

Many factors have accelerated the changes in divorce law, (1) Pro se divorce litigation is becoming the norm, (2) Courts are clogged with the increase in divorce cases, and (3) A large majority of women have joined the workforce and no longer are stay at home mothers.

Since self - representation or pro se litigation is very popular in 2013; those representing themselves have a tremendous burden placed on their shoulders.  They must study and know the family laws in their State, learn how to fill out interrogatories and legally serve their spouse divorce papers. They must verify the Statute of Limitations and find out what if any new divorce laws have been passed in recent months.                                                                                                                                                  
                                                                                                                                                                                                                                                                                                                                 “A divorce is like an amputation: you survive it, but there's less of you.”   Margaret Atwood

As Always,
Little Tboca
www.caseboss.com



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