Category Archives: Divorce Law

What Are The Factors For Divorce

Review to locate out how you can alter your marriage... To continue reading this legal news please click Read full information...

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Friendly Separation? You Continue To Require A Lawyer

Making the decision to file for for a divorce process never was quick, but determining the right family attorney will let you ease the tension of the tough time. Even so, it’s difficult to be aware of which legal representative suits you. You will discover law firms almost everywhere – in the telephone book, on the telly advertisements, on-line. Each one will claim to be precisely what you want. You should consider tips on how to evaluate the wider public and find the legal professional to assist you slow up the worry in the divorce process procedure and get yourself started on the way of emotionally charged recovery... To continue reading this legal news please click Read full information...

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Farming futures protected by the advent of ADR

There are few areas of life that remain steeped in tradition and still practised as they were several decades ago. For most people, times change and things move on. It could be argued that law is one of the areas most resistant to that change, for many of the reasons I have mentioned in previous blogs. Firms run by non-business people, a reluctance to make it easy for people to pay, or use emails to send documents and make agreements, or insisting on face-to-face meetings in high street offices. Another sector you could say is more traditional than most is farming – though perhaps not with such negative connotations. While it has adopted new technology and advances in animal breeding and crop cultivation, farming is an area where inheritance and succession of the family business for children is still strong, perhaps more so than in any other sector. And recent changes to family law could make it easier for farming couples to ensure their children's inheritance of the farm is safeguarded if they divorce in the future. Family Procedure Rules came into force in April 6 and, as we know, insist that couples pursue alternative dispute resolution (ADR) as a way of reaching a settlement if they are divorcing, rather than relying on going to court. Both mediation and collaborative divorce – the most common forms of ADR – are widely seen as being more beneficial to safeguarding the future of "going concerns", like a working family farm, so that the division of assets does not cripple the business. In many professions, if there is a business involved in a divorce or family break-up, it may be that part of it has to be sold to ensure one party gets their share of the settlement, with the starting point often being a 50/50 split. In farming circles, it is just not practical. Thrashing out a deal over complicated holdings and where the assets include animals and very specialised, expensive machinery, would make it difficult for day-to-day life to continue as normal on the farm. Selling off part of the business could leave the remainder in no fit state to continue as a functioning, viable farm. This will not only "hurt" the partner who wants to stay in the business but also affect the next generation who might expect to take over the farm in due course. If a farming family is looking likely to divorce, both parties need to seek expert advice from an experienced family lawyer. These cases are far more complex than most and there needs to be an understanding of the farming process, way leaves, boundaries, farming payments etc. In the meantime, farm life goes on even if domestic life is falling apart. Any distraction from the day-to-day running of the farm could be damaging and an aggressive divorce dispute could be shattering for the next generation's succession or inheritance. Andrew Woolley Family solicitor.. To continue reading this legal news please click Read full information...

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Got Skeletons in Your Closet?

During this Halloween season, we often see skeletons as decorations for parties or businesses or for Trick-or-Treaters. We see so many that they usually lose their fright-invoking powers. It's all in fun for a good time. However, in other contexts, skeletons in a closet can be a real problem. What are they? Politicians and public figures worry that bad behavior may be found out any time of the year. It's sometimes said that everyone has some skeleton in their closet — something that could be embarrassing, illegal or just private, that they wouldn't want other people to know about. Sometimes the skeletons are from current activities or they might be indiscretions from their youth. Hopefully, the skeletons won't be massive or involving major liability in terms of criminal laws or civil damages. Skeletons in family law contexts In family law matters, skeletons sometimes come into play. They can be big or small. Quite often, they get built up in someone's mind so that they appear to that person to be huge, when in fact, they are not a big deal at all. On the other hand, some things really are big deals. Arnold had a huge skeleton uncovered when his love child was discovered. Affairs can become not just a skeleton, but an albatross around someone's neck, to mix metaphors. Criminal activities, financial mismanagement and addictions are all serious issues that can have a major impact on divorces and other family law litigation. In most divorces, there's something each side would prefer to keep quiet or, preferably, unknown. But it always seems to get out! What should you do? Rule #1: Tell your lawyer. Don't be worried about whether your lawyer won't like you or respect you. Chances are, your attorney has heard and seen much worse. One thing lawyers hate is to be surprised by the other side. Don't let your attorney first learn about the skeleton by hearing the other side break the news. Prepare your attorney with all the facts. Believe it or not, attorneys can usually put bad news into context and minimize it, if given the chance. If your counsel first hears some bad news as it is being drug out of you, there's not much the lawyer can do for you. Quick Summary: Lawyers Don't Like Surprises! You need to tell your attorney the bad facts as well as the good ones so he/she has a chance to help you. You need to let the skeletons out of the closet... To continue reading this legal news please click Read full information...

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Filing a Divorce Petition: What You Need to Know

There are five basic stages to a divorce proceeding. Filing a divorce petition is the first. Any Divorce, even one on friendly terms where everything is agreed, must begin with the filing of an "original petition for divorce" in a state district court. Some counties in Texas, such as Dallas and Tarrant counties, have specialized courts that deal only with family law matter like divorce. Most other counties send divorces through the same general district courts used for all types of civil and criminal matters. In order to file for divorce in Texas, one of the spouses must have been a resident of the state for the six months prior to filing the petition and a resident of the county where the suit is filed for 90 days. Most petition include a request for a two-week temporary restraining order (TRO). This is intended to freeze things as they are and prevent one spouse from taking any action that harms the other. The TRO prevents spouses from hiding money or spending money in abnormal ways. It also prevents the interference of the use of the marital residence. The TRO cannot exclude a party from the home without special circumstances, and it prevents the changing of locks or any other type of exclusionary action. The TRO specifically excepts spending moneys for reasonable and necessary living expense, including attorneys' fees, or business expenses of the parties. Some counties utilize a standard TRO, called the Standing Order, in every family law case, including divorces, to automatically and mutually prohibit both spouses from taking certain actions upon filing of the case. The Standing Order is effective upon filing of the petition. The enforceability of the Standing Order may be questionable, so some lawyers may elect to request a TRO in addition to the Standing Order. Some counties that use the Standing Order include Bell, Blanco, Brazos, Burnet, Caldwell, Coke, Collin, Concho, Dallas, Denton, Ellis, Grayson, HAys, Irion, Llano, McLennan, Montgomery, Nueces, Rockwall, Runnels, San Saba, Schleicher, Sterling, Tom Green, Travis, and Walker. Each county's Standing Order may differ slightly. Excerpted from my book, "Basics of Texas Divorce Law".. To continue reading this legal news please click Read full information...

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