Divorce - One Duck Gone Missin"

Did You Forgot One Duck

It seems a bit outdated to speak about getting your ducks all in a row, but it’s a proven fact if you forget the last duck your day in court may be disastrous. That last little duck is the secret that loses many divorce cases – without that little duck you don’t have a strong case to present to the judge.

Let’s assume you’ve filed divorce papers, followed state laws on serving your spouse, have temporary orders in place and answered all interrogatories. It would appear that you’ve been diligent in doing your homework and the judge’s decision should be in your favor.

Did you forget that the judge literally holds your life in his or her hands? The judge has a small window of time to hear your case and your spouse has all of his or her ducks in a row. They have prepared a case backed by hard facts eliminating the “he said, she said” testimony – they can back all of their statements with paid receipts, accurate timelines and verifiable proof. 

Don’t be a loser and walk out of court thinking what you should have, could have but didn’t do…  Help is just a click of the mouse away! 

Check out www.caseboss.com – the boss that works for you. Here you’ll find information on preparing a divorce case along with support from a great team who will assist you in preparing. This service is free, no strings or hidden agendas to those contemplating or in the midst of a divorce.  Very few things in life are free, but this is one time you’ll discover free assistance, answers to your questions and free support.

Go to www.caseboss.com  and start building a powerful case for your day in court. 

As Always,

Little Tboca

Child Custody Facts

The “Best Interest of the Children” is a phrase worth remembering.  If your divorce is being contested, the judge may be the one who has to make the final custody decisions.  The priority of most family law judges is the children, because technically they are acting as a liaison for the children.  Thank goodness divorce judges put the children first.

If the parents can work out the custody situation together actually thinking about the best interest of their child or children, it can be a win win situation for both parents and the children.

When both parents have been equal or almost equal caregivers, possibly joint custody would be a good choice. This allows parents to make decisions for the children on education, health, extra curricular activities, religion etc. Joint custody does appear best for the parents and/or children - when the children are shuffled back from one home to the other it may be a hard adjustment for the children to make.

Judges will delve into the joint custody issue, because he or she wants to feel that both parents are accountable, responsible and capable of making decisions together in the best interest of the child or children.  It’s a difficult call for a judge, because they are trying to decide if both parents are equal in their parenting capabilities and if both parents can work as a team to mentor, love and care for the little ones. 

Physical custody and legal custody are often intertwined.  The physical piece of this type custody means the child will live with one parent the majority of the time. This parent is considered the “custodial parent.”

The non custodial parent may be granted physical custody which means he or she will be a decision maker in important issues like health, education and religion etc.

With unmarried parents, laws in most states favor giving the mother sole custody if in fact she has demonstrated that she is a good parent. If the mother is unable to care for the child, the other parent (father) usually gets custody.

Family law judges get beaten up for making the tough custody decisions, but remember they consider the child first and what is in the “best interest of the child.”  

Custody of the children is the toughest decision family law judges must make, because sometimes it seems both parents have shared equal responsibility in rearing the children.  At times when the child or children are older the judge may talk with them and ask them their preferences. 

It is a good idea to check out your state’s family laws specifically the child custody laws regarding primary caregivers. Both parents should try to make the best choice for the children and not use the children as pawns in their divorce.

As Always,

Little Tboca

Divorce 101 How to Blow Your Divorce in Court

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

www.caseboss.com

How to Lose Your Divorce Before Arriving at Divorce Court

How to lose your divorce and receive an unfavorable decision from the family law judge.  It's true that some divorce litigants just can't keep their emotions in tact and they've decided to re-invent the family laws in their State. So having said that - are you losing your divorce due to lack of knowledge, uncontrolled emotions and the gnawing desire to be the winner and punish your soon to be ex.

When one decides to take the law in their own hands, they will not just stub a toe or get their hands smacked  by a family law judge they are insuring that their future will be mighty bleak and without recourse. Don't fall into the unknown black divorce pit where there's no possible way to recover from your bad decisions.

Suppose you and your spouse have been having marital problems for years and finally you come to the conclusion that divorce is the only answer. Before talking with your marriage partner about divorce, you quietly and methodically create what you think is a winning chess game.

Since you are the financial genius in the relationship, you have access to savings and investments allowing you to transfer, hide and rearrange marital assets. You start skimming from the savings, bank accounts and other funds without detection.

Next you decide to move out of the marital home - you tell your spouse the move is better for both of you. Remember, you will owe rent on another place and actually still have responsibilities for maintaining the other household.  Moving out means one thing - you will have more expenses and once out of the house the soon to be ex isn't going to welcome you back in your home again.

Lord forbid if you are so out of control that you threaten or abuse your spouse. This can become a slam dunk for the ex when you land in divorce court. Judges frown on threats and physical abuse.

Don't use the social media as a place to air all of your dirty laundry, because your ex's attorney will use this as proof that you are an unfit parent or irresponsible party. What you say on the social media can and will be held against you...

Maybe you're in a payback mode and you want to flaunt your new girlfriend or boyfriend in front of your spouse and children. If you've bought this new playmate expensive jewelry, clothes or have taken them on luxurious vacations, you're going to rue the day that you felt so superior and in control.

Dress appropriately for divorce court, treat the judge with respect referring to him as your honor and when speaking about the children or assets be sure to clarify the statements by saying our children, our home, our assets etc.  Don't make faces at your soon to be ex or their attorney and don't set their shaking your head or pointing your finger at them.

Your future lays in the hands of the family law judge - conduct and demeanor will all have an impact on the judges final decisions. Don't try to reinvent the family laws in your State - be honest when you fill out the divorce forms and include everything that you and your spouse have mutually.

As Always,
Little Tboca



  

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Guest Bloggers Welcome

Come on in and make yourself at home - guest bloggers welcome. If you blog on divorce, pro se litigants, divorce court, child support, alimony etc. - send a blog my way. You'll receive credits and your website will be mentioned, always.  

littletboca@gmail.com 

Obamacare Attacking Divorce and Marriage

Even though the divorce rate is high in the USA, it appears that it may even jump higher when Obamacare kicks in...  Will married couples use the divorce option in order to be eligible for the subsidies offered to single people?  

Will the new Obamacare law put a halt to marriage as we know it today. Will more children be born out of wedlock or will this new law slow up the birth rate even further?  It appears that Obamacare actually is penalizing some married couples due to their net income.

There's a no "win win" solution at this time and nothing is etched in stone so it's important to try to sift through the confusing healthcare options that are offered before making any final decisions. Even those who originally wrote the Affordable Care Law seem to be confused so they dumped all of their problems into the laps of insurance companies. The insurance companies aren't happy campers! Many of the  insurance companies were kicked under the bus after the Obamacare law was passed - they aren't thrilled about joining the Obama gang. 

Obamacare at this time is an albatross around everyone's neck - the Obama team seems to be totally lost and keep changing rules trying to help this ugly creature (Obamacare) survive. There's so many variables and problems that millions of Americans at this time are without health insurance due to the fact their policies have been canceled.  

I would say "buyer beware" because your personal information at this time isn't protected once you sign up for Obamacare. The other problem exists that about 1/3 of those who think they've signed up for Obamacare may not be insured, since the website garbled their information before sending it on to the insurance companies. Without a doubt there will be many Americans who once had good healthcare plans without any medical insurance as the new year starts.  

If you're contemplating divorce, it may be wise to put your plan on hold until you know if you're actually covered by Obamacare and if you can afford the new co-pays and deductibles. It's what you don't know at this time that may be harmful to you and your family.  

As Always,

Little Tboca

www.caseboss.com