For instance, if you file for a divorce, Divorce Paper Server will serve your spouse with the divorce papers and all the important documentation. In such situations having an experienced family law attorney can not only provide you with legal advice but also makes sure your court pleadings are executed in a proper way to avoid any inconvenience. There are several benefits of hiring a family law attorney for your relative case and in this article, we’ll shed light on a few of them to have a better understanding. 

1. An Expert Of Family Law

Family law is a vast field that comes with a lot of complications. It revolves around delicate issues and is demanding. The most obvious benefit of hiring a family law attorney is that he has a better understanding of family law. He has dealt with dozens of such cases and knows how to present your case with the right documentation before a judge. 

On the other hand, if you do not have professional assistance by your side, you can easily fall prey to the misrepresentation of your case or might miss the facts that are crucial for putting up a strong case. Therefore, it’s highly recommended to have a family law attorney by your side to make your process hassle-free and smooth. 

2. Takes The Load Off Your Chest

Having to go through a divorce or child custody issues can be stressful and devastating. The person goes through a turmoil of events and emotions that can surely affect his decision-making. Having a lawyer who is in full control and takes things professionally is necessary to get the best out of your case. 

Not only will the attorney take the load off your chest but also ensure to get the right evidence and documentation needed to make you win the case by all means. He’ll do the research and collect all the facts and evidence required to present your case impartially before a judge. 

3. Lawyers Know How To Negotiate

When a person is going through a divorce or child support issues, there’s a lot to take in. From going through divorce documents to having court proceedings, there’s a lot to deal with. You can’t see things or decide for yourself when you’re breaking. In such a situation you won’t be able to negotiate wisely. 

Hiring a family law attorney is an experienced lawyer who can help you see things from a different perspective as he’s a neutral party. You can make better decisions and make most of your case just with the right professional advice. 

4. Source Of Emotional Support

Going through an upsetting event and not having someone by your side can be horrifying. Not only do you end up ruining your case but also spend more money and effort. Hiring a family law attorney can make things easy for you.

Not only you’ll have a source of emotional support in trials but also he’ll guide you at every step of your case to proceed smoothly. The money you spend on a lawyer will be worth every penny and will save your time and effort. 

5. Helps You Avoid Legal Headaches 

Law in general and family law, in particular, is not that simple. Every state has its own rules and regulations that you have to abide by. If you’re not a lawyer, chances are you will struggle with the deadlines and protocols of properly filling out. This can damage your case. 

Having an experienced family law attorney who has years of experience in his field can make your case easy for you. He’ll make sure you get the best out of your case. 

The post Top 5 Benefits Of Hiring An Experienced Family Law Attorney appeared first on Legal Desire Media and Insights.

If you find yourself or a loved one in such an unfortunate situation, finding a divorce lawyer is the best way to settle the matter. However, if you want the most favorable outcome, don’t hire just any lawyer you know. Here are things to know when choosing a divorce attorney.

Choose someone specializing in divorce proceedings

Lawyers may study the same laws for years and pass the same bar exam, but everything changes in actual practice, especially in the litigation stages. A criminal lawyer may be an expert in the rules of criminal procedure as they tackle criminal litigations every day. Meaning, they can fight criminal cases in court with ease, even if they’re blindfolded. However, it would take time for them to prepare for a divorce proceeding. Why? Simply because it’s not their specialization. 

When you choose to work with an attorney specializing in divorce, you can guarantee that all the case’s nitty-gritty is taken care of. Even if the parties can’t reach an amicable settlement and the case would escalate into a full-blown court proceeding, you know that someone competent is handling it. And also, you can be assured that you’re well-represented when dealing with property partition and child custody. 

Go for a divorce lawyer with a proven track record 

We’re not discrediting new and budding lawyers since seasoned lawyers once start as novices. Then again, when your own life and property are at stake,  it would work in your favor if you choose someone with a proven record. So, scout for possible divorce lawyers to hire in your area. Ask for recommendations from friends and acquaintances if they could refer you to someone who has handled and won many divorce cases. 

In an uncontested divorce, things would be easier since both parties will only have to sign the document that reflects their voluntary agreement. In that case, your divorce attorney would have to come up and negotiate favorable terms for you and shut down unconscionable claims from your estranged spouse. However, if you can’t reach a binding agreement, the next legal recourse is to fight out in court. This is where your lawyer’s experience could be put to the test. 

Choose someone you’re comfortable with

Things can get ugly and messy in a divorce proceeding. It may come to a point when one has to allege the other party’s infidelity, psychological unfitness, and other unpleasant behavior and acts to justify filing the divorce petition. These reasons are personal to the spouses; hence, one might find uncomfortable and awkward sharing. Your lawyer will be your constant companion all through the process. In that case, it would be easier if you’re comfortable sharing private information like those mentioned above with them. 

Lawyers need you to be honest if you want them to help you. They need to know even the ‘ugliest truth’ to find a way to defend you when the other party uses the same ‘truth’ to discredit you and your claims. Just imagine sharing all these things with someone you don’t like or trust. Chances are, you might end up filtering your story or only sharing what’s comfortable. In the end, it’s you who will suffer the most from such a relationship that’s devoid of trust and confidence. There is also a very high chance that you’ll lose the case. 

Can you give up on your rights over your communal properties? Can you give up on your kids? If not, then choose a lawyer you can be entirely truthful and open with. 

Takeaway 

They say that it takes two to tango in relationships. For the marriage to work, two people must be committed to each other and the union. However, if the union doesn’t prosper and divorce is the only solution to the problem, hire a confident divorce lawyer with a proven track record. Then again, getting a lawyer is just half of the battle. You also need to do your part by cooperating and being honest with your attorney. Therefore, you need to choose a defender that’s competent and pleasant to work with.  

At the end of the day, when dancing the tango with your spouse is no longer pleasant, it’s time to pair up and dance with someone willing to help you secure the best life decision — your divorce lawyer. 

The post How to Choose the Right Divorce Lawyer appeared first on Legal Desire Media and Insights.

Urban Senior Living Communities

The old image of the senior living community with many elders sitting around bored is, fortunately, falling by the wayside. Instead, the newest trend in senior living in urban spaces is walkable areas with access to cultural institutions, shopping, and resources.

Today’s seniors are active and social and want to be able to attend movies, take courses and go shopping with friends. These communities offer single-room apartments in high-rise downtown buildings with on-site doctors, pharmacies, and other medical supports. Families can choose from as few or as many supports as needed for their loved ones.

Aging in Place Support

Instead of sending their loved ones to senior living facilities, many families are creating a system for aging in place. Seniors are increasingly opting to remain in their own homes, bringing in caregivers and medical support as needed. With the increased volume of technology available to monitor everything from windows, doors, and medication usage, families can install whatever they need to monitor their elderly relatives remotely.

These supports include installing wheelchair-accessible showers and baths, connecting Internet-enabled cameras to monitor the home, and setting up voice-activated systems to help seniors with daily living needs. In addition, many people hire nurses and caregivers to stop in periodically to check on seniors who live alone.

Alternatives to Senior Residences

Some seniors are becoming more innovative, finding alternatives to senior living facilities. Instead, they are downsizing and spending their retirement years living on cruise ships or traveling the world. As a matter of fact, one of the fastest-growing trends in the retirement population is living full-time on cruise ships. Others live in hotels or take up new lifestyles traveling the globe full time. Still, others are moving abroad, living overseas in Mexico, Asia, and the Caribbean.

Building Care Teams

Another trend that many families embrace is building teams of people to care for their aging loved ones. They enlist the aid of nurses, social companions, physicians, and others to support the aging senior. Physician Life Care Planning is one of the most trusted companies to build these teams, offering a full range of care for aging seniors who need more care for ongoing medical challenges. They also offer care plans that can be adapted based on the patient’s needs.

Senior Co-working and Co-housing

A growing number of seniors are choosing to work to retain the skills they developed pre-retirement. These seniors choose co-living and co-working communities that allow them to live and work with other active seniors who serve as companions and co-workers. Today’s seniors are not content with simply watching the world go by. They are well-versed in technology and want to keep their minds sharp. These communities grow in popularity as many seniors launch their businesses and network with other workers and business owners.

What These Trends Mean for You

When it comes to the latest trends for seniors, the best way to know which ones are best is to have a conversation with your loved ones and assess their needs. For example, do they want a quiet, restful life in a serene and peaceful area, or would they prefer bustling, walkable cities with access to shopping, culture, public transportation, and education? Do they want to continue working or travel the world? Would they prefer to be close to children and grandchildren? Again, the best way to decide is to make them an integral part of the process.

Schedule a talk with your loved ones and find the best senior living trend to help them to make the best of their golden years.

Author:

With a law degree under his belt and years of experience, Mark Scott set off to make the law more accessible to all. He decided to help people lost in the maze of legal terminology to find their way. Mark writes clear and concise pieces and gives simple advice that is easy to follow. Because of positive feedback from readers, he decided to dedicate more of his time to this goal and became a legal columnist. In his writings, Mark covers a wide array of topics, like how to seek legal counsel, or how to deal with different procedures. Furthermore, he directs his readers toward other trustworthy resources for more in-depth information.

The post The Top Trends in Elder Care: Which is Right for Your Loved One? appeared first on Legal Desire Media and Insights.

Basic Information – Uncontested Divorce

It is widely accepted that uncontested divorce is the fastest way to part ways with a spouse. This refers to a situation when both partners agree on all the terms of their dissolution of marriage, such as:

• Child custody;
• Parenting time;
• Allocation of debts;
• Property division;
• Spousal support.

New Hampshire is quite different from the others as it allows spouses to file a joint petition to the court. Even more interesting is that this petition can be filed even if partners do not agree on every aspect of the divorce. 

However, it is important to understand that coming to terms together is the fastest way to get through the divorce process. After receiving the joint petition, the judge will rule on the unresolved issues, which takes time. So, cooperation between the partners is the key!

Additional Requirements for a Fast Divorce

New Hampshire is a so-called no-fault divorce state, like many others. This means that couples filing for divorce can state that they have irreconcilable differences. Alternatively, a petitioner can state that the other partner’s marital wrongdoing as the reason, such as:

• Cruelty;
• Felony conviction;
• Adultery;
• Impotency;
• Desertion;
• Abandonment;
• Chemical dependency.

However, this is not the desired scenario for couples who want to get divorced fast. Citing such serious reasons for divorce is often met with a dispute of the claims, followed by hearings to present evidence, thus ruining the whole idea of an uncontested divorce.

The Actual Process

With all the requirements covered, it is now possible to explore the process of getting a divorce as fast as possible in New Hampshire. The first step is the preparation of the divorce papers. You can use the services of a lawyer for this purpose but remember that they have other clients, and you’re likely to be in a line to get your papers done.

Thankfully, there are online divorce paperwork preparation services to help you out. They offer the convenience of preparing for divorce over the Internet. These companies are also fast and affordable. They generate your divorce papers in two business days at a low price and even offer a 100% court-approval guarantee.

After getting the papers completed, both spouses should sign their joint petition and have it notarized. This is followed by the preparation of personal data sheets, financial affidavits, and vital statistics forms. 

With that covered, it is possible to file the papers with the court. If your financial situation is not the best, you can apply for a waiver. The judge will review your request and assess whether you qualify for eliminating all fees or not.

One of the best things about states such as New Hampshire and the ability to file a joint petition is it removes a need to serve papers. It is a rather tiresome, costly, and often lengthy process. So, a joint petition means avoiding unnecessary steps and getting things done faster.

However, if partners have children, an additional step has to be taken. Couples with children have to attend a child impact seminar to learn how divorce affects their offspring. After getting a certificate of completion, it can be submitted to the court – remember to do this before the final hearing, or you can get penalized by the court.

The last part is the actual court hearing. If both partners agree on everything and indicate this in their joint petition, they can request a date for the final hearing. Prior to this hearing, partners need to sign and file a document known as the final decree on divorce. 

After this is done, at least one party should show up to the hearing, where the judge will ask several questions and sign the decree, finalizing the divorce.

If there is no full agreement in the joint petition, spouses can request a temporary hearing to resolve their contested issues with the help of a judge. This sort of mediation will continue until all the parties settle or a judge decides how to cover the conflicts.

Final Word

As it is possible to see, it is possible to go through a divorce quickly in New Hampshire. A joint petition considerably eases the lives of both partners going through an uncontested divorce. Hopefully, this guide will help you out in making your divorce as fast as possible.

The post How Fast Can I Get Divorced in New Hampshire? appeared first on Legal Desire Media and Insights.

When it comes to an adopted child, the guidance is no different than if the child is yours from birth. Once adopted, the individuals on the child’s adopting certificate have parental responsibility. So if that couple decides to separate, they will have to determine what is best for their adopted child.

What rights does an adopted child have?

An adopted child has the same rights as any other child. Once adopted, the parent(s) listed on the adoption certificate have parental rights in line with birth children. A child has the right to a custody agreement that places their needs first. They also have the right to child maintenance payments.

Child custody cases, including those involving adopted children, demand lawyers who deeply understand adoption laws and family law complexities. Their primary objective is to determine the child’s best interests, gather evidence, and present compelling arguments that consider stability, the child’s relationships with biological and adoptive parents, and the child’s preferences, if applicable.  

Lawyers navigate the complexities of balancing parental rights while prioritizing the child’s safety and emotional well-being. Sometimes, a guardian is appointed to independently represent the child’s interests, collaborating closely with the lawyers. Mediation and alternative dispute resolution methods may be encouraged to minimize adversarial proceedings. Lawyers may also consult child psychology and counseling experts for assessments and recommendations.

What if we are fostering to adopt?

This would be different if you were fostering a child with the intention of adopting. A foster carer does not have any parental rights to a child. Divorcing or separating might not lead to the child being taken away, but it would be down to the local authority to decide what is best for the child.

A foster child would not spend their time between both homes during the divorce. Instead, they would stay in the home with the carer who has been through the fostering application process.

Imagine a foster child named Alex placed in a foster home with two foster parents, Sarah and Michael. Sarah and Michael, a married couple, went through the fostering application process together. However, during Alex’s placement, they decide to get a divorce.

In this scenario, Alex would stay home with the foster parent who went through the fostering application process, assuming that person continues to meet the requirements. If Sarah initiated the fostering process, Alex would remain in Sarah’s home, and Michael would no longer be involved in the foster care arrangement. This decision ensures stability and consistency for the child during a challenging time.

What if only one parent has a biological relationship with the child?

If you are raising the child as a family, the parent with a biological relationship will not automatically have any priority over the adopted parent. The child will still be entitled to a custody agreement and child maintenance if required.

The courts do not automatically place the child with the biological parent full-time and instead consider what is best for the child. For example, if a father recently adopted the child and then separates from the child’s birth mother, it is unlikely that the courts would grant him sole custody. However, this could happen if the mother is unable to care for the child as this would be in the child’s best interests.

What if only one parent is on the adoption certificate?

If one parent adopted the child and then later married their spouse, they might not have got around to formalising the relationship. In this instance, the courts would assume that both spouses had parental responsibility for the child. Therefore, the spouse with their name on the adoption certificate would not be prioritised or automatically achieve sole custody.

In every situation, the courts will seek to find an arrangement in the child’s best interests. This is why child care arrangements are not commonly written into pre-nuptial agreements. It would be unfair to decide ahead of time what would be in the child’s best interests, as the situation could change a lot in the meantime.

Why is divorce with adopted children more difficult?

When a child is placed in an adopted home, they are already dealing with one type of loss. The loss of their home life and the loss of their birth parents is a big adjustment. So if their adopted parents decide to separate and divorce, the adopted child is thrown into turmoil again.

Adopted children might struggle with shared custody arrangements more than natural children, as they are already dealing with the difficulties of knowing where they “belong”. In addition, this upheaval of their personal life might be more traumatic if they still have memories of leaving their birth family.

And children who are raised by one biological and one adopted parent may feel a sense of rejection from both sides. As a result, children commonly have feelings of anxiety, anger and may even blame themselves for the divorce. This may be amplified further when it comes to adopted children.

Adopted children often struggle with attachment, and divorce may further aggravate these issues. Encouraging your child to talk about their feelings with their family or to a professional therapist can help them understand what is happening.

How can parents make divorce easier on adopted children?

The first thing to remember is that all children find divorce difficult. However, you can take steps to reassure the child and remind them that their parents will always love them. 

Help them understand that they will be living in two homes and that this might mean changes to their schedule. Remind them that you might not all live together again, but you’re still a family.

Like any child in the middle of a divorce, they need to be reminded that it isn’t their fault and that they have a safe place to express their emotions. Being warm and nurturing is more important than ever before. And finally, being respectful of your ex-spouse and not speaking ill of them around your children will also help.

The post What happens to an adopted child after divorce? appeared first on Legal Desire Media and Insights.

1.       Hiding Your True Self 

Are you hiding your true self from your partner? Do you feel that your husband/wife is hiding their true self from you? If either is your marital situation, things may have gotten out of your hand already. If you constantly feel the need to filter yourself or probably conceal your feelings in front of your partner/spouse, maybe it is time to move on.

2.       The Thought Of Leaving Them Scares You, And Yet…

The thought of leaving your spouse scares you but you are still willing to do it for your sanity and freedom. When these aspects of your life start to gain more traction and attention, your marriage takes a back seat. This is when you know that the time has come to end things. The sun has probably set on your relationship and it is better to carve your paths away from each other.

3.       You Did Not Ask For Cruelty

If you are in an abusive marriage, you deserve your freedom from such a situation. Any kind of violence, whether it is physical or emotional, is unacceptable. You may seek the assistance of any reputable Online Divorce UK services to understand what your next step should be from here on out. Remember, cruelty is sufficient ground for asking for a divorce.

4.       Adultery Is Unacceptable

Just as cruelty is unacceptable, adultery too is a strict no-no. If your spouse has indulged in consensual sex outside of your marriage, it comprises more than sufficient grounds for a divorce. In any case, there is no marriage without trust, and “adultery” is breaking that trust effectively.

5.       Desertion Is Not What You Seek

You did not ask your spouse to desert you when you needed them the most. If your spouse abandons you or leaves the UK, or just exits your life unannounced, regardless of the reason, you are entitled to a divorce. You may seek to get separated from your spouse if they no longer exist in your life and haven’t made any efforts to return.

6.       Is He Even Making An Effort?

Eventually, it all boils down to the amount of effort they are putting in. Whether it is your husband or wife, if they are not putting enough effort to save your marriage, your relationship is doomed. It is essential to recognize just when a marriage turns into a burden. If you feel the weight of your marriage tying you down and limiting you as a person in any way, it is time to break free. If you see no efforts being made from the other side, it is equivalent to fighting a lost battle.

The post When Is It Right To Take A Divorce – 6 Scenarios You Should Know About appeared first on Legal Desire Media and Insights.

While the decision to separate rests exclusively with the couple, the dissolution of marriage is not only a personal issue, it’s also a legal matter, especially when it comes to property distribution.

Find out some key points on what happens to conjugal properties in the event of a divorce. 

What Are Marital or Conjugal Properties? 

In order to understand conjugal possessions, it’s important to understand which properties are considered common and those which aren’t.

Without a prenuptial agreement—which discusses the financial arrangement for the couple in case of a divorce—the court will view the following items under conjugal ownership: 

• Properties were bought using the couple’s property income.
• The combined income earned by the married couples prior to the divorce.
• All objects purchased from either spouse’s income earned during the marriage.
• Properties acquired while the marriage was active.
• Pension plans, individual retirement accounts (IRAs), 401ks, and other retirement plans. 
• Individual properties that have been merged with marital property and can’t be split out. 

Financial responsibilities also include all debts incurred by either the husband or the wife while they were still married to each other.

A family or divorce lawyer will be able to guide you further on the properties covered by conjugal properties. Look for a seasoned attorney near you, or click here if you’re living in California.  

What Are Non-Marital or Separate Properties?

While it seems that all properties obtained by either party while being married to each other are considered commonly-owned, it doesn’t mean that they can’t have individual properties.

The following possessions are considered non-marital properties and thus, won’t be subject to equitable distribution following a divorce.  

• Properties owned before marriage
• Possessions inherited only by either the ‘husband’ or the ‘wife.’ 
• Items that either spouse received as gifts from other people
• Personal compensations intended for either spouse (i.e., personal injury settlements)   
• Good or properties received as a gift from the spouse
• Properties acquired after legal separation (if the couple was legally separated before filing for divorce)
• Properties that the soon-to-be divorcees have included in a legal agreement. 

How Are Properties Divided After a Divorce?

The basis for asset distribution in case of a divorce typically falls under community property laws. Depending on the state laws, the properties will be divided under the following approaches:

• Community Property Law – Some US states adhere to community property laws, where the first step involves separating the community or conjugal and individual properties. After identifying the common properties, the judge will then divide marital possessions equally. 
• Equitable Distribution Law – In non-community property jurisdictions, judges are tasked to divide all properties acquired during the marriage fairly. In some cases, the spouse who’s financially better off may be ordered to give additional property to the other spouse, apart from the alimony.

 Apart from an inventory of assets, the couple should disclose all their debts before the court, being that it’s considered in the marital properties’ distribution.  

What Does Equitable Distribution Mean?

As discussed, not all conjugal properties are divided equally. Often, it’s made equitably or fairly. This means equal division is not always applicable, as there are factors that need to be considered to arrive at a reasonable distribution.     

Simply put, equitable distribution doesn’t necessarily mean a 50-50 share and will depend on the circumstances of each spouse and the relevant laws. 

How Does the Court Determine ‘Equitable’ Distribution?

Few factors need to be considered by the court to come up with a decision, such as the following:     

• Each spouse’s income and property at the time of the marriage
• The length of the union 
• Both spouses’ age and health condition 
• Loss of benefits (i.e., insurance and inheritance)
• In case children are involved, whether the custodial parent needs a specific marital property, like a home. 
• Other key circumstances, for instance, a wife or husband choosing to stay home and focus on the kids rather than pursuing their own career.   

When Does a Separate Property Become a Marital Property?

Individual ownership may be considered marital property in cases where it’s mixed with a conjugal possession that can’t be separated from each other. 

For instance, if a woman invested in a piece of land before marriage and decided to build a marital house on it, the property becomes common property and will be included in the inventory for asset distribution following a divorce.     

Additionally, a separate property that increases in value following renovations spent by the other spouse remains an individual property. However, the increase in its value may be considered conjugal possession.    

The Bottom Line 

Multiple considerations should be taken in order to divide a former couple’s marital properties. If you want to ensure that you’ll get a reasonable share of specific marital properties, or negotiate for a better allocation, reach out to your divorce attorney before filing a motion to the court.    

The post Conjugal Properties: What Happens To Them In A Divorce appeared first on Legal Desire Media and Insights.

To Provide Financial Security

Prenuptial agreements outline the financial obligations of each party to each other in the event of a divorce. Normally, courts will have the couple go through the process of equitable distribution, which will not always end in the favor of the wealthier spouse. Nobody wants to pay their ex-spouse money, especially if the divorce was hostile. While a family lawyer helps people get through a divorce with the best possible conditions, a prenuptial agreement allows each party to limit or mutually waive spousal maintenance obligations.

To Protect Your Premarital Assets

Remember that a marriage isn’t just a joining of two people. It is also the joining of each party’s assets. It’s only natural for the wealthier spouse to want to secure assets that were acquired prior to the marriage. A prenup outlines clearly how the conjugal assets will be distributed in response to a divorce or death of a spouse.

Without a prenuptial agreement, the surviving spouse has the right to inherit the assets left behind by the other spouse. A prenuptial agreement functions similarly to a last will that serves as a guide on how you want your assets to be distributed upon your death. A prenuptial agreement will even override common state laws.

Be sure that the provisions in your prenup are detailed and thorough. Make sure that your prenup matches the laws of the state you live in. For example, If you live in New Jersey, consult family law attorneys in New Jersey. This is so that your prenup is enforceable even after you are divorced in a different state.

To Protect Yourself Against Conjugal Debt

It’s important to note that a marriage is also a joining of obligations. Nobody wants to drown in a debt accumulated by someone else. This is especially true if the person accumulating debt is no longer your spouse either through death or divorce. A prenuptial agreement prevents this from happening. A prenuptial agreement can contain a stipulation that separates the liabilities and debts of each spouse in the event of death or divorce.

To Allocate Business Shares Should You Get Divorced

Marriages can also affect how the revenue generated by a spouse’s business is owned. Whether the business was acquired before or during the marriage is only secondary. The fact remains that in a marriage, a business is considered a conjugal asset. The spouse who owns the business typically has higher shares of the business.

A prenuptial agreement defines how assets are allocated during a divorce. Without one, the court does it for both parties, which can often mean that the court may rule that your ex-spouse may have higher shares of your business to satisfy the principle of equitable distribution.

The Bottom Line

A prenuptial agreement is probably one of the last things any soon-to-be-married couples would want to discuss. It can easily be misunderstood as setting the marriage up for failure. This is far from the intention that prenuptial agreements were made for. A prenup is a preparation for the day you hope won’t come. If you fail to secure a prenup, you may need to make sure that you get a really good divorce lawyer.

The post Here’s Why Every Couple Should Get a Prenup Before Getting Married appeared first on Legal Desire Media and Insights.

While it might seem obvious that hiring a lawyer is a good choice, lots of partners often go with a DIY divorce, and there are several reasons behind this trend. This article will explore two options for couples seeking divorce – online divorce services and divorce lawyers.

What is the Online Divorce Service?

First of all, it is required to understand what hides behind this term, as it may be a little misleading to some. Such tools, just like any other e-commerce project, have the purpose of providing services while saving customers money and making life easier. However, it does not mean that it is possible to go through the entire divorce process only by navigating a website.

An online divorce service is an instrument that provides the ability to automatically fill out all the required divorce forms in an inexpensive way. All it takes is a simple questionnaire regarding the case specifics, and the divorce papers are usually ready in 2 business days. The paperwork still has to be delivered to the court, and the spouses will have to go through the procedures for getting a divorce required by the law.

Pros and Cons

Pros

Affordability

When it comes to prices, online divorce services clearly win in comparison to hiring a lawyer. Although the costs may vary from company to company and depending on the individual case specifics, the price usually starts at $139. A lawyer is going to cost much more, as their services are usually based on hourly payments.

Time

The divorce process is highly likely to begin faster by using an online service to prepare the paperwork. If the case is appropriate for an online option, it doesn’t take more than 2-3 business days to get the papers done. Since attorneys have multiple clients, there is often a significant wait time. And if couples need to revisit the lawyer, the process can get pretty lengthy.

Control

This is more of a psychological benefit. Being in a complicated situation such as divorce has its toll. A person doing the documents by themselves has a feeling of control over the process. That is why DIY divorce paper preparation is a reassuring alternative to using a lawyer’s services from a psychological perspective.

Cons

Not a Universal Solution

Online services are not suitable for contested divorces. If the spouses have disputes over important things such as child custody or property division, having a lawyer represent one’s interest is the way to go. So, this is the main limitation of online divorce services.

Possibility of a Mistake

As mentioned before, control is a great feeling. However, it is important to understand that the petitioner is responsible for the correctness of the information on the forms. If the information entered is not correct, the online service is not responsible for generating unusable divorce forms.

Finding a Legitimate Service

As with everything on the Internet, there are scam artists who prey on people’s money. That is why spouses who want to complete divorce online should be careful and do some research. Furthermore, it is imperative to make sure that you find a reliable service that covers state-specific laws. This way, it is possible to avoid unnecessary stress and additional expenditures.

Bottom Line

Considering both the pros and cons of online services, it is possible to boldly state that the advantages outweigh the disadvantages. If spouses want to do everything themselves, they need to do some research and come to terms with each other to save lots of time and money. However, this works only for an uncontested divorce. Moreover, while partners are in full control over the process, the risk of making a mistake does not disappear.

Hiring a lawyer is a viable option when partners have significant issues and cannot reach a consensus regarding the terms of the process. So, online services are not suitable for couples who are going through a contested divorce. That’s why hiring a lawyer is beneficial as partners will have their interests represented properly, but it will cost a lot more.

All in all, everything boils down to the individual case. If a couple is aiming for a conflict-free divorce, online services can be the best option. If the situation is the opposite, hiring a lawyer might be the best solution for both sides.

The post Online Divorce Services vs Divorce Lawyers | What to Choose? appeared first on Legal Desire Media and Insights.

Primary differences Between Annulment and Divorce

While the divorce process ends the marriage, annulment basically erases the fact that the marriage took place. This may sound quite complicated, but it is possible to boil these procedures to few statements:

•         Divorce is a legal dissolution of marriage that changes the legal status of both spouses to single;
•         Annulment declares that the marriage is void and it never existed in the first place from the legal perspective.

With the basic definitions covered, it is now possible to delve deeper into the topic and explain the differences between annulment and divorce separately.

Annulment

This is quite an interesting procedure, but it’s not as common as its counterpart. An annulment ends the marriage if at least one of the spouses believes it should never even exist. It can also be applied to a marriage that was never legal. While this may sound quite confusing, a list of legal grounds for annulment clarifies everything:

• At least one partner was already married at the time of the marriage;
• At least one partner was not of legal age to get married;
• At least one partner was forced into marriage;
• At least one partner was tricked into marriage;
• Incest;
• At least one partner could not make an informed decision regarding marriage due to mental disability or alcohol/drug intoxication.

Prior to the annulment, the court requires the petitioner to provide proof of at least one of the previously described reasons for separation. And now it is possible to see why annulment cases are so rare – requirements for this procedure are rather specific.

Divorce

This is the most common type of separation. The divorce process can be separated into two categories: contested and uncontested. As the first type suggests, a petitioner must provide a solid reason why they are filing for divorce. The reasons may include domestic violence, abuse, and adultery. Additionally, this type of divorce is applicable when both parties have issues regarding property division, child custody, and potentially spousal support.

As for the second case, none of the parties are required to provide any specific reason for divorce – the grounds for an uncontested divorce are based on “irreconcilable differences.” While this type of divorce is preferable as it’s quick and can be inexpensive, spouses may still have differences regarding the terms. That is why spouses can request the services of a mediator.

Legal Premises & Solutions

Both types of separation can be either simple or complicated – everything depends on the individual circumstances of each case. 

If the annulment is approved, the marriage is considered to have never existed. In the case of divorce, parties might have legally mandated obligations towards each other even after the process is completed.

As divorce is a more common method of separation, most people considering getting a divorce are looking for a fast and affordable solution that does not require the services of an attorney. That is why DIY divorce is becoming popular among people who want to split up.

If both spouses agree on an uncontested divorce, meaning that they sort out their differences without the court, they can do all the documents themselves and present them to the court. 

That is why online divorce preparation services are so prevalent nowadays. If all the issues are adequately resolved, a spouse can begin the process of divorce over the Internet. This method is often used by couples who want to reduce the cost of divorce and make everything quick.

For a low price, the online divorce company can provide an application for divorce online. The automated service automatically selects and fills out the proper forms for the petitioner based on the details of their case.

Online divorce is also effective for annulments as spouses can solve their property rights and child custody questions by themselves.

Final Thoughts

As it is possible to see, there are some considerable differences between annulment and divorce. Although both options result in a dissolution of marriage, legal consequences are different. Understanding the requirements for both procedures and what they mean for each partner is imperative to avoid unnecessary drama and stress.

An annulment means that the marriage was never legal – this sort of separation has specific requirements, making such cases uncommon among those who practice law.

Divorce is the most common practice, and partners can go through it the hard way or the easy way. Those who can agree on critical matters can experience the latter option and often simplify the process by doing online divorce preparation.

The post What is the Difference Between an Annulment and a Divorce? appeared first on Legal Desire Media and Insights.