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Uncontested Divorce

What is the uncontested divorce?

It is that divorce the spouses fail to agree on measures that will govern them in the future regarding children and marital property.

Why an uncontested divorce?

Some reasons why an uncontested divorce is more beneficial that one contentious processed form, are as follows:

1. An uncontested divorce will always be processed more quickly, greatly due to procedural simplicity involved, so that in a short space of time we have the judgment.

2. The uncontested divorce is cheaper, because this can be ordered with a single legal representation, ie, a lawyer and an attorney representing both spouses. Even if the spouses wish to be represented by two lawyers and solicitors cost it will always be cheaper than an adversary proceeding.

3. When spouses who come to an agreement on the measures that are going to govern in the future, it is much easier by these compliance, and generates less emotional cost to children who see their parents they are able to stop arguing and make decisions about their future.

What is the Settlement Agreement?

The Settlement Agreement is the document that will regulate future personal, property and parent-child relationships.

In the regulatory agreement must contain at least the following:

– The care of children subject to parental authority, the exercise of this and the system of communication and stay with the noncustodial parent.

– The attribution of the use of the home and family trousseau.

– The contribution to the burdens of marriage and food.

– The liquidation of the matrimonial regime (although not always required, and can be performed even in a later process).

– Compensatory favor of one spouse pension (if applicable).

There is no legal restriction to others within the personal and property-related aspects spouses wishing to translate clauses are included, provided that they are not harmful to children, pose a great detriment to one spouse or contrary to law .

How are the proceedings of a divorce by mutual consent?

Firstly it will seek a barrister and solicitor (the latter normally is provided by the lawyer) is mandatory since its representation.

Demand regulator with the written agreement must be submitted to the registry of the court of last shared home or the home of any of the applicants.

Once the court has received the claim shall summon the parties to a hearing for ratification (this ratification will take place separately and can even be done in different courts resorting to legal assistance).

If there are no minor children will proceed to issue a decision granting a divorce as long as three months have elapsed since the marriage. The judge must also decide on the regulatory agreement.

If there are minor children the judge asked the prosecution report on the terms of the agreement relating to the children and hear these if appropriate and provided they are over 12 years old.

If the prosecution does not object to the clauses of the agreement, the judge shall issue the corresponding judgment, on the contrary this is opposed a clause, the Court granted to spouses time to present the evidence on which the measures proposed are based in the agreement.

If finally the sentence does not approve all or part of the regulatory agreement proposed by the parties, it will be given a deadline for amending these clauses have not been approved.

In the case of spouses believe a contested divorce is not beneficial for them or for their children, due to the emotional costs and collateral damage they involve, and want to try to resolve their problems through dialogue, point out that there is Family Mediation.

Family Mediation is a method of conflict resolution through which the parties, and with the mediation of an impartial and neutral professional, negotiate their differences and make their own decisions tailored to the needs of your household, which later were translated into a regulatory agreement by mutual agreement.

Child Custody: A Huge Complication in Divorce

family-law-329569_640Whenever an annulment is happening in the court, a judge will usually issue orders on child custody. Although, in some circumstances the parents are able to come to a mutual agreement with the help of a professional legal mediator or through a family consultation with an attorney. The orders are based on the best interest of the child and many factors are used to make a decision.

A big concern in determination is the financial stability of the parents. Other aspects that are involved are whether children are able to go to school from both living situations, and how the other sibling and family members are communicating with the child. The age of children also plays a major role in the proceedings as their age will often depend on how much adjustment they will be able to make. All these and more need to be included in the plan in order to make a proper judgement in the interest of the child. If problems arise then court is able to revisit the case and make necessary adjustments.

There are two types of visitation, sometimes called parenting time. The first is supervised visitation and second type is unsupervised visitation. Unsupervised visitation will give the noncustodial parent time with the child, often including spending the night or even multiple days a week. This schedule is usually set by the court using a defined set of days and times that coordinate with a typical work week for most people. On the other hand you have supervised visitation. This visitation is mandatory when the issuing judge has decided that the parent may cause physical or emotional harm to the child.

The decisions made in cases of divorce and child custody should be such that the interests of the children remain at the top priority. After which, the parent interests are addressed. There are many family lawyers out there that can help the parents by creating a plan that includes the interests of everyone and each one is equally satisfied, to a reasonable extent. If you find yourself in the situation where you have kids and a divorce is inevitable, please don’t hesitate to contact professional counsel immediately.

Politics in Modern America

eagle-219679_640Politics are one of the few topics in modern culture that are often considered “Taboo” in conversation. People often have varying (and extremely passionate) opinions on certain political matters that can turn even the most mild-mannered conversation into a hotly contested and “ugly” debate. Unlike some other opinions that a person may have on varying subjects, political opinions are a completely different animal and are largely influenced a person’s affiliation with a certain party (Republican / Democrat).

In politics and in a political way of thinking, it is not always based on a presumption that an idea is necessarily “right”, or if it’s in the best interest for the people of this country, it is more about what the particular party’s stance on that subject is. A majority of people are either a Republican or Democrat because that is what they have been taught is the correct way to view things. It has very little to do with actual thinking in present time; it is more about what they have been taught to think. They tend to embrace concepts and ideals put out by their party, rather than thinking independently for themselves as to whether they actually make sense. The American people are consistently questioning what is wrong with this country, why so many Americans are struggling, why the job market is shrinking, why people are losing their homes….the simple answer; Politics.

Politics are to blame for the current situation that our country finds itself in. It is easy to shift blame and point the finger and say that the President did this and his predecessor did that, but that is largely unfair. In reality, the President has very little power, it is Congress who has a majority of the power and they are the ones who can’t seem to agree with one another.

Political lines, drawn in the sand are what is preventing this country from evolving and ultimately stalling it’s prosperity. Congress puts on a good face and speaks highly about Bipartisanship and everyone working together to achieve a common goal, but we have yet to see very much of that. Even now, we see that the Speaker of the House, John Boehner has been publicly criticizing the President and is threatening to take legal action against him? How exactly can that be constituted as Bipartisanship?

Boehner’s grudge with the President has been ongoing for years now and what had once started as a political grudge has developed into what appears to be a personal vendetta between these two. How can we expect two of the most powerful and influential men in the country to be able to work together and come to some common ground if both are holding grudges? Neither man will likely bend on their stance. If neither man is willing to concede it leaves the potential for what could be a well thought out, beneficial Bill or Reform that would actually propel our country forward, to die before it even hits the floor for a vote, simply based on ego and principal alone. It is honestly not fair to the American people and not the way to move forward.

Unfortunately, politics are what currently runs this country. From state representatives, to governors, to members of Congress to the President, politicians are the ones who ultimately decide our fate and whether we prosper or suffer. We say that we are a Democratic nation and that everyone has a say in how it is run, but there is very little truth to that. We get to vote as to who gets put into office, but often times we are simply picking the lesser of two evils; not because they necessarily have the best ideas, but because that’s where our political affiliations lie.

As a country, we need to take a step back, reevaluate the way that we are heading and come up with a plan of action to better ourselves. We need to put aside the political lines and simply do what is right. The country will finally start to heal, once the politicians can see that.