Changes in Divorce Laws 2014

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In 2014 divorce laws are changing, be sure to check with an attorney or contact your Government site to see where you can review the new changes to the old antiquated laws. Although you may not agree if you've been counting on spousal support or alimony for a lifetime, it's about to come to a screeching halt in 2014.

Colorado's new laws are effective as of 2014 and the family law judge actually has a formula to figure how long alimony might last and what will be the specified amount of alimony paid by a spouse.  It appears these law may be in the grey area, because depending upon circumstance in the marital relationship, it's sort of up to the judge to make a final decision.

Colorado is restructuring their child support guidelines, so it's very important to study the new changes before you file for divorce or actually end up in divorce court.

Illinois is another State that has been restructuring their family laws in 2013 and 2014.  Here will be the major changes to the old outdated divorce laws.  

The five areas to be addressed in Illinois are:

• Change Illinois to allow for “no grounds” divorce.
• Judgments for Divorce will be issued within 90 days of filing.
• Move away from the percentage formula for child support and towards shared income approach.
• Maintenance awards will be explained in writing.
• Reallocation of parental time and responsibilities.

Another area to be concerned with is the Obamacare laws - areas that may prove very difficult to change or correct would be birth of a child, death, etc...  Adding an infant may result in higher premium payments, but there may be a possibility of getting a tax credit too!  The law is very confusing for consumers, insurers and those outsiders such as IRS who is in charge of implementing our healthcare.

Best advice, if you're contemplating divorce check with an accountant or have a consultation with an attorney before you file your divorce papers.  Many changes have occurred in our States and many couples will be absolutely shocked at the changes, so take your time and do your homework first.  

Kansas, Florida and New York are a few more States who are revising their family laws.  

No doubt these old grandfather family laws needed a face lift because both spouses work in many families and depend upon childcare services or schools to raise their children.  

As Always,

Little Tboca  

Don't Blow Your Divorce in the Courtroom

Divorce is one of the most financially traumatic things you can go through. Money spent on getting mad or getting even is money wasted.
Richard Wagner  

You’ve passed the contemplating divorce stage and you’re headed for court for the showdown. You’ve been stellar in your homework, divorce forms and divorce papers are in order – you dotted ever “I” and crossed every ”T.” 

The divorce case you’re carrying in your briefcase is so airtight that no divorce judge in the USA would dare cross you or give you an unfavorable decision. This is merely wishful thinking on your part!

As you’re taking that final walk into the courtroom, your demeanor and body language isn’t exactly what one would perceive as friendly, in control and calm. Instead you look like a moose on the loose looking for a fight.

Going into the courtroom with all of your hot buttons turned on will blow your day in court clear out of the water.  So you’re mad, your emotions are verging on hatred for your spouse and you don’t care if the whole world knows your feelings, so what?  Not a good philosophy in the courtroom if you’re praying for a favorable decision from the family law judge.

Believe it or not some people forget their court date – not good this is a sure way to lose your case by default.  A judge once said, “can the cheap theatrics,” he or she means watch the body language and verbal interruptions in my courtroom. 

Don’t ever use the social media as a trash bucket – don’t threaten your spouse, defame them, brag about an adulterous relationship or make libelous statements on social media because it will come back to haunt you and bite more than a little piece out of your b—t.

There are occasions when people act in such an outrageous manner in the courtroom or hallways that they’re cuffed and hauled off to a jail cell. Don’t be one of these statistics.

You have a right to be heard in court, but you don’t have a right to disrupt the judge’s courtroom. You’re in control of your destiny – don’t blow your chances for a favorable decision by the judge.  Control emotions, dress appropriately for court, speak respectfully to the judge and have a strong fact laden case to present to the judge.

A divorce is like an amputation: you survive it, but there's less of you.
Margaret Atwood 

As Always,

Little Tboca

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No One Can Predict What Will Happen in Divorce Court

Divorce forms have been completed, interrogatories answered and each spouse is anxiously waiting for their day in court assuming the judge's decision will be in their favor.

Divorce decisions by the judge at times may seem unfair. It's a balancing act for family law judges - their goal is to divide marital assets fairly. This doesn't necessarily equate to an equal dollar and cents division of marital assets.

Problems arise when spouses can't seem to agree on anything especially the division of marital assets - each one for whatever reason feels they should receive the lion's share. The one wanting the big hunk feels he or she has been the biggest contributor to the marriage and therefore should get the biggest piece of the cake. They have launched a business successfully, bought their partner very expensive gifts and pretty much been the big bread winner during the marriage.

Normally property or an inheritance belonging to one spouse prior to the marriage will not be subject to division by the court unless in a moment of weakness  title or ownership was given to the other spouse. If this happens these assets will be tossed into the big marital asset bucket to be divided by the judge.

Judges would love to just take every itemized asset and divide it equally between husband and wife, but there are other considerations that he or she must factor into the formula. The parent who is the primary caregiver of the children will probably need the marital home. Health, age, special needs of one party and length of the marriage will be factored into his or her final decision.

Most judges feel the spouse who contributed to their partner's education or helped build the family business - deserves compensation. There remains a big difference between the two words fair and equal!

The family law judge attempts to divide marital assets fairly, but that certainly doesn't always mean equally. Usually when the divorce is contested and the couple has accumulated a lot of marital assets, someone is going to walk out of court feeling the world is against them.

In fact they'll feel abused, misused and be angrier than h---. Before this happens consider talking to a financial planner, tax attorney or have a consult with a divorce attorney.

As Always,

www.caseboss.com

Little Tboca

Nothing is Free About Divorce

It's everywhere, free divorce, free divorce forms, do it yourself and fill out your own divorce papers - is an epidemic and may be knocking at your door.

Those contemplating divorce or in the process of divorce are actually victims of a defunct system gone awry.

Divorce is marketed like the latest and greatest commodity to hit the streets. Buy it you’ll like it and for a few bucks Mr.or Mrs. Jones you can do it yourself, no problem and live happily ever after. 

Internet companies promoting and advertising divorce are springing up like mushrooms daily. It’s as popular as apple pie and ice cream and you’re getting your daily dose of misinformation for breakfast, lunch and dinner.

Whether you’ve hired legal counsel or you’re representing yourself there are a few things that can be done to prevent being blindsided during your divorce.  It’s a great rule of thumb to realize that divorce isn’t all that it’s advertised to be and there will be heartaches, lifestyle changes and obstacles every inch of the way.

The very basic information that may help is this – the divorce laws in each state vary and there’s no one size fits all. If you want the right divorce forms and the right information regarding family law in your State, you have a couple of options.

Usually, it’s possible to have a consult with legal counsel free of charge – this will give you a general overview of the first steps that must be taken when filing for divorce.  Another choice and this is a very good one – go to your state government website and locate the divorce information which includes forms and sometimes tutorials. There are workshops and other self help venues available if you but ask…  

Contested divorces or pro se divorces are tough anyway you slice them and getting a favorable decision from the family law judge is your end goal. 

As Always,

www.caseboss.com

Little Tboca

Marriage vs Cohabitating

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Divorce law varies from state to state and so do divorce forms. Divorce decisions depend upon the type of relationship you have with other person.

Marriage and cohabitating are two entirely different lifestyles – divorce judges try to make child custody decisions based on the “best interest” of the children.

When couples cohabitate rather than marry, the family law judge in most states grant sole custody of the child or children to the mother, if she is deemed to be a good parent. There are exceptions to this sole custody law if the father can provide evidence that the mother is unstable or unable to function or perform the duties required of a parent.

When the mother isn’t in the home, has passed away or is in an institution the father is granted sole custody over grandparents, aunts, uncles or family friends. The exception to this rule is when the father is unable to provide a home for the children or suffers from chronic addictions, in an institution or has passed away. 

When deciding custody family law judges make final decisions based on the “best interests” of the children – usually the “best interests” of the children supersedes all other laws. A parent is considered to be a fit parent unless he or she is ruled unfit due to personal lifestyle or activities. 

Child custody remains one of the most contentious, heart breaking battles in family law courts. When a good parent allows anger and emotion to dictate their actions they may lose the custody battle before their day in court.

http://www.zoefamilylaw.com/blog/2013/02/texas-father-seeks-sole-custody-of-child.shtml

If a couple is married, judges at times will make the decision to give one parent sole legal custody – this allows one parent to make all major decisions about the child or children’s physical and emotional welfare. 

Often times the judge grants a parent sole physical custody of the children, but grants the other parent visitation rights unless the court feels visitation rights at this time isn’t in the best interest of the children. A judge’s ultimate goal is to allow the children to interact with both parents if possible.

A word of caution about custody battles, if one spouse has legal counsel and one spouse has opted to themselves (pro se,) the spouse with legal counsel will probably get the custody nod from the judge. Of course if the pro se litigant has studied family law, child custody laws and knows courtroom procedures they may win the custody battle – it’s a risk when one spouse has legal counsel. 

Pro se litigants must be prepared to show evidence beyond a shadow of a doubt that they have been the primary caregiver during the marriage. This takes documentation and proof in the courtroom. Child custody battles prove to be a slippery slope that can head any direction – this might be the time to hire legal counsel. 

As Always,

Little Tboca

Pathway to Freedom Not Always Pro Se Divorce

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So often pro se divorce isn’t the pathway to freedom – it isn’t a get out of jail free card.  Although pro se divorce is marketed, publicized and promoted, there isn’t any miraculous cure for pro se divorce litigants. Do it yourself divorce or pro se divorce has many hidden problems that need to be addressed. 

The Judicial system throughout the country is trying to assist the litigants by offering workshops and self help venues. There are great divorce websites on the Internet that offer free information and assistance to those contemplating divorce, but there are many Internet sites that prey on pro se litigant wanting their money. 

Don’t fall victim to the Internet sites that tout divorce as fast and easy – those sites play on emotions. Divorce that involves alimony, child custody, child support and division of property isn’t easy. Filling out divorce papers on line is a risk and it’s your life and future that is involved, what appears easy, inexpensive can cost much more than taking the time to do it right.

It’s best to control anger and emotions before jumping off the cliff into a lion’s den.  If divorce is the only option, take time studying the family laws in your State – learn what your options really are before diving into divorce.

Wearing the hat of legal counsel can be grueling and difficult. The Judicial system isn’t exactly user friendly – it takes hours of study and homework to understand how to maneuver within the divorce laws of your State.

In many ways the laws concerning self representation seem to confuse rather than assist litigants. It merely means that you are granted the right to present your divorce case in court without legal counsel – it doesn’t offer anything more than the legal right to represent yourself.

End of conversation, this law doesn’t insure a favorable decision from the judge, legal assistance from the court staff or any other options.  What you see is what you get –before going pro se remember it can be very costly by negatively affecting your future. 

Statistics show that pro se litigants are losing what is rightfully theirs in divorce court, because they fail follow the laws in their State. The pro se litigant can’t continue blaming judges or attorneys – it is their responsibility to follow family laws as established in their State. 

As Always,

Little Tboca

Divorce 2014 - Homerun or Strike Out

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Divorce is up – will you hit a home run or strike out?  Sounds a bit crazy, but check out the “don’ts” first, because they may result in a strikeout before the balls even pitched your way.

So often it’s the little things that many people consider insignificant that is an irritant to the judge.

First of all your appearance is important, don’t dress like farmer Jones or Susie hot pants. Beware, your body language can be a dead give away – smirking, shaking your head, clenching fists and shooting daggers at your soon to be ex won’t win you any brownie points with the judge.

If you’re a pro se litigant don’t walk into court with an armload of loose papers decorated with a bunch of post it notes. Pertinent information should be organized and neatly packaged. Don’t antagonize the judge, chuck the yehs, huhs and shrugs at the door – address the judge as “your honor” and put on your best suit of manners showing respect to the man or women who has your future in the palm of their hands. 

Don’t forget to fill out interrogatories correctly and don’t miss a scheduled court date. You have a right to represent yourself - having said that you have certain responsibilities too!

Now for the “Do’s” that will give you a home run. Get your divorce forms from the court or go on line to your State’s government website and download them. Check on the Statute of Limitations and verify which court will hear your divorce. Learn the laws in your state before  serving papers. 

Do your paperwork, double check each form and make sure your signature is legible. Do study courtroom procedure and study your State’s divorce laws. Always address the judge not your spouse or his or her legal council when speaking.

Going to court totally organized is the icing on the cake that will help you get your home run. Take time to prepare a winning case for your day in court. Organize your documents, tag them correctly, compile all bills, receipts and data in an orderly manner by date, time and subject.

There is help out there for those contemplating or going through a divorce. CaseBoss has offered to help  people prepare their divorce case. Two important things: (1) This service is absolutely free, and (2) CaseBoss has a team ready to assist you and answer questions.  Go to www.caseboss.com get started today.

As Always,

Little Tboca