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	<title>Alimony Lawyer &#187; Alimony Lawyer Articles</title>
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		<title>Divorce Advice: Child Support And Alimony (Part 3 Of 4)</title>
		<link>http://www.alimonylawyer.net/2011/03/07/divorce-advice-child-support-and-alimony-part-3-of-4.html</link>
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		<pubDate>Mon, 07 Mar 2011 12:04:59 +0000</pubDate>
		<dc:creator>Alimony Lawyer</dc:creator>
				<category><![CDATA[Alimony Lawyer Articles]]></category>

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Alimony and child support are important aspects of a divorce case that involve ensuring the financial stability of both spouses and the children. Alimony is designed to limit the unfair economic effects of a divorce by providing continuing income to the non-wage-earning or lower-wage-earning spouse. A court sets the amount of alimony it concludes is [...]]]></description>
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<p>Alimony and child support are important aspects of a divorce case that involve ensuring the financial stability of both spouses and the children. Alimony is designed to limit the unfair economic effects of a divorce by providing continuing income to the non-wage-earning or lower-wage-earning spouse. A court sets the amount of alimony it concludes is fair and reasonable to be paid for a period of time. The amount of alimony that must be paid is usually based on the standard of living established and expected during the marriage, the age and health of the spouses, the obligations and assets of each spouse, the length of the marriage, and a number of other factors that may vary by state. Unlike child support, which is determined according to rigid guidelines, courts have considerable discretion in determining if they will award alimony and, if they do, the amount and time period for which it lasts.</p>
<p>Child support is the ongoing obligation for a periodic payment made directly or indirectly by a non-custodial parent to a custodial parent, caregiver or guardian, or the government, for the care and support of children of a relationship or marriage that has been terminated. Child support may be awarded in joint custody cases when there is a significant discrepancy between the parents&#8217; incomes. Exact conditions for eligibility of child support and guidelines for the calculation of child support vary from state to state, but generally take into consideration the needs of the child, the needs of the custodial parent, the paying parent&#8217;s ability to pay, and the standard of living the child was accustomed to before the divorce. If alimony has been awarded, that amount is deducted from the payer&#8217;s income and added to the payee&#8217;s income when child support is being calculated.</p>
<p><strong>Tip #1</strong>: There is no formula for determining alimony. According to divorce lawyer Peter Paras, &#8220;Alimony is really more art than science and it, it results from a consideration of a variety of statutory factors. Courts and lawyers have to consider the duration of the marriage, the age of the parties, their incomes, their assets, their liabilities, their lifestyles, their health, [and] whether or not any of their assets generate income. These are all factors that have to be considered in determining whether alimony is to be paid and, if so, whether it&#8217;s going to be permanent, rehabilitative, or limited duration alimony and in what amount.&#8221;</p>
<p><strong>Tip #2</strong>: Child support may continue after the child has reached the age of 18 under certain circumstances. Technically, the non-custodial parent&#8217;s obligation continues until the child is emancipated. &#8220;Children are emancipated at different times,&#8221; explains divorce lawyer Peter Paras. &#8220;Typically they&#8217;re emancipated when they reach the age of 18 and have graduated from high school, but emancipation is often delayed while a child finishes a higher education, such as four years of college, trade school, or something of that nature. That&#8217;s when the obligation technically ends.&#8221; Child support may also be extended beyond the age of 18 if the child has special needs. If the child has been declared emancipated by a court prior to reaching the age of 18, is on active military duty, or the parents&#8217; rights and responsibilities have been terminated for any other reason, child support payments may be discontinued.</p>
<p><strong>Tip #3</strong>: Understand that there are different types of alimony. Limited duration alimony usually applies to cases in which the marriage is too short to justify permanent alimony. Rehabilitative alimony is designed to provide financial assistance to the more economically dependent spouse while he or she becomes more financially independent by getting job training, building up work history, or furthering education. Permanent alimony is typically paid when there is a long term marriage, but it is important to note that permanent alimony is not always permanent. Divorce attorney Peter Paras explains, &#8220;Permanent alimony is somewhat of a misnomer in that it probably would be better termed indefinite alimony. It can end or be modified is circumstances change in the future.&#8221; Examples of changes in circumstances that could be grounds for the cessation of permanent alimony include the remarriage of the recipient, the death of the payer, or cohabitation of the recipient with someone of the opposite sex.</p>
<p>Divorce law involves many different types of issues, including preparing for your divorce, child custody and visitation, and assets and property, all of which will be addressed in this series.</p>
<p>For more divorce advice, refer back to Parts 1 and 2 of this series and look for the upcoming final installment:</p>
<p>Part 1: Divorce Advice: Preparing for Your Divorce<br /> Part 2: Divorce Advice: Child Custody and Child Visitation<br /> Part 4: Divorce Advice: Assets and Property Division</p>
<p>Originally published <a href='http://www.articlesbase.com/divorce-articles/divorce-advice-child-support-and-alimony-part-3-of-4-633034.html' target='_blank'>here</a>.<br />
<hr />Elizabeth Ryan<br />
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		<title>Massachusetts Middlesex Divorce Agreement Alimony Child Support Lawyers Attorneys</title>
		<link>http://www.alimonylawyer.net/2011/03/07/massachusetts-middlesex-divorce-agreement-alimony-child-support-lawyers-attorneys.html</link>
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		<pubDate>Mon, 07 Mar 2011 11:58:59 +0000</pubDate>
		<dc:creator>Alimony Lawyer</dc:creator>
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Nancy Mathews v. Thomas MathewsSUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX
December 9, 1993
Contemplating divorce on the ground that there had been an irretrievable breakdown of the marriage, the parties negotiated and entered into a &#8220;Divorce Agreement&#8221; that is dated February 28, 1979. The parties recited that in executing the agreement they were &#8220;desirous of settling their [...]]]></description>
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<p>Nancy Mathews v. Thomas Mathews<br />SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX</p>
<p>December 9, 1993</p>
<p>Contemplating divorce on the ground that there had been an irretrievable breakdown of the marriage, the parties negotiated and entered into a &#8220;<a rel="nofollow" onclick="javascript:_gaq.push(['_trackPageview', '/outgoing/article_exit_link']);" href="http://srislaw.com" title="Massachusetts Divorce Agreement lawyers">Divorce Agreement</a>&#8221; that is dated February 28, 1979. The parties recited that in executing the agreement they were &#8220;desirous of settling their respective property rights and agreeing on all other matters which are now or may hereafter become issues between them.  The agreement was a detailed one, dealing with such issues as the rights and obligations of the parties in general under the agreement, the disposition of personal property, alimony, child support, life and medical insurance, educational expenses of the child, and custody and visitation.</p>
<p>Issue:</p>
<p>Did the plaintiff can enforce against the defendant certain provisions of a <a rel="nofollow" onclick="javascript:_gaq.push(['_trackPageview', '/outgoing/article_exit_link']);" href="http://bostonlawyermassachusetts.com" title="Divorce Laws In Massachusetts">Divorce</a> Agreement in a contract action?</p>
<p>The Court finds that the agreement itself does not explicitly address the question whether the agreement is to survive the judgment of divorce as a separately enforceable contract; it says neither that it shall nor that it shall not.  In the present case, the parties have submitted an agreed statement of facts, including copies of the divorce judgment and a master&#8217;s report which that judgment confirmed. The master&#8217;s report in particular sheds further light on the parties&#8217; intentions with respect to the survival or not of the agreement.  The Court further states that if only the <a rel="nofollow" onclick="javascript:_gaq.push(['_trackPageview', '/outgoing/article_exit_link']);" href="http://bostonlawyer.ws" title="Massachusetts Divorce Lawyers">Divorce</a> Agreement itself can be consulted to determine whether the parties intended that agreement to survive as an independent contract, then under DeCristofaro&#8217;s holding, the agreement would survive. But if, applying the Parrish rule, it is proper to look outside the Divorce Agreement itself to other evidence of what the parties intended, then on the agreed record, specifically the master&#8217;s report, it appears that the parties struck out a provision that would have caused the Agreement to survive, and this must be taken as an expression that they did not wish it to do so.</p>
<p>Accordingly, this court ruled that the wife could not enforce the divorce agreement in a contract action, and the husband&#8217;s motion for summary judgment in his favor was allowed. The wife&#8217;s cross-motion was denied.</p>
<p><strong>Disclaimer:</strong></p>
<p>These summaries are provided by the SRIS Law Group.  They represent the firm&#8217;s unofficial views of the Justices&#8217; opinions.  The original opinions should be consulted for their authoritative content.</p>
<p>Originally published <a href='http://www.articlesbase.com/health-and-safety-articles/massachusetts-middlesex-divorce-agreement-alimony-child-support-lawyers-attorneys-3324411.html' target='_blank'>here</a>.<br />
<hr />Atchuthan Sriskandarajah<br />
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		<title>Divorce Lawyer NYC Settles Your Law Case Considerately</title>
		<link>http://www.alimonylawyer.net/2010/08/26/divorce-lawyer-nyc-settles-your-law-case-considerately.html</link>
		<comments>http://www.alimonylawyer.net/2010/08/26/divorce-lawyer-nyc-settles-your-law-case-considerately.html#comments</comments>
		<pubDate>Thu, 26 Aug 2010 20:00:59 +0000</pubDate>
		<dc:creator>Alimony Lawyer</dc:creator>
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At different moments in our life we experience different emotions and no individual can escape from this rich plethora of emotions. Marriage unites two souls together along with this it also brings together their families together. Nonetheless, if the couple wants to separate from each other then the happiness experience at the time of marriage [...]]]></description>
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<p>At different moments in our life we experience different emotions and no individual can escape from this rich plethora of emotions. Marriage unites two souls together along with this it also brings together their families together. Nonetheless, if the couple wants to separate from each other then the happiness experience at the time of marriage turns into a harrowing experience while getting divorced and to overcome this time is equally traumatizing for the family members too. With such a state of mind the individual loses their rational self to make right decisions in life and in such a situation they require expert guidance to get them out of this situation and assist them in the proceedings of divorce. At such a crucial time in your life divorce lawyer NYC is your safest bet.</p>
<p>The kind of relationship that prevails between clients as well a lawyer is extremely sensitive and thrives wholly on faith. The client requires instilling his complete trust in the lawyer so that he can hand over the case. While searching for a divorce lawyer NYC it is very important to appoint a lawyer who is proficient and skilled in his task. The best ways that will assist you in your endeavour to find a competent lawyer is carrying a search over the internet, yellow pages or through suggestion of the past clients. Subsequent to tracking the success rate of the lawyer you will surely be able to place your trust in him along with cementing the client as well as the lawyer relationship.</p>
<p>The laws of divorce show a great variation from one state to another. So, familiarizing yourself with lawful terms as well as conditions becomes extremely important prior to filing for a divorce case. If you are positioned in New York City then skilled and efficient <a rel="nofollow" onclick="javascript:_gaq.push(['_trackPageview', '/outgoing/article_exit_link']);" href="http://www.mtllp.com/family_and_matrimonial.html">Divorce lawyer NYC</a> will surely be well versed with the legal factors associated with the divorce which will make your case even stronger. The complicacies involved in fighting a lawsuit are best understood by the divorce lawyer. By leaving your case in well experienced as well as competent hands your chances of winning the lawsuit doubly enhances.</p>
<p>A divorce lawsuit comprises numerous hurdles and issues that are required o be resolved such as splitting up of assets along with the alimony that has to be paid to the spouse. All such monetary details require to be handled carefully, so that they can be sorted out in the best possible way and a divorce lawyer is the best person to handle it. The complexity of the situations gets further aggravated if children are also involved and decisions have to be taken regarding the custody of the children. The divorce lawyer who is extremely competent will do the best things in interest of his clients and negotiate the proceeding accordingly. So appoint a divorce lawyer who besides being your legal guide also renders you moral back up as well and gives you enough strength to carry yourself with strength through the case proceedings.</p>
<p>Originally published <a href='http://www.articlesbase.com/divorce-articles/divorce-lawyer-nyc-settles-your-law-case-considerately-1449149.html' target='_blank'>here</a>.<br />
<hr />
<p>Damyel Flower is an experienced consultant on divorce matters. He has consulted successfully on thousands of divorce cases as well as cases for Art Law etc. He consults exclusively for MTLLP. Get services of Art lawyer New York, <a rel="nofollow" onclick="javascript:_gaq.push(['_trackPageview', '/outgoing/article_exit_link']);" href="http://www.mtllp.com/family_and_matrimonial.html">Divorce Lawyer NYC</a>, Prenup lawyer New York at <a rel="nofollow" onclick="javascript:_gaq.push(['_trackPageview', '/outgoing/article_exit_link']);" href="http://www.mtllp.com">www.mtllp.com</a></p>
<p>
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		<title>How To Divorce Without A Lawyer</title>
		<link>http://www.alimonylawyer.net/2010/08/25/how-to-divorce-without-a-lawyer.html</link>
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		<pubDate>Wed, 25 Aug 2010 19:50:59 +0000</pubDate>
		<dc:creator>Alimony Lawyer</dc:creator>
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It is a fact that not all marriages end with happy endings. Divorce can sometimes be the best last option in a bad marriage. However, getting a divorce is not an easy task. In many states it is legal to get a divorce without representation. If you have limited or no assets and no children [...]]]></description>
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<p>It is a fact that not all marriages end with happy endings. Divorce can sometimes be the best last option in a bad marriage. However, getting a divorce is not an easy task. In many states it is legal to get a divorce without representation. If you have limited or no assets and no children or dependents, it may the way to go as you&#8217;ll save money in attorney and court costs.</p>
<p>Not all couples are advised to file for a divorce without a lawyer because there are some conditions that must be met in order to do away with the need of a lawyer.</p>
<p>There is now available a method to deal with a divorce without a lawyer or an attorney. The process is termed as the<a rel="nofollow" onclick="javascript:_gaq.push(['_trackPageview', '/outgoing/article_exit_link']);" href="http://how-to-be-a-lawyer.blogspot.com/2010/05/how-to-divorce-without-lawyer.html"> Pro Se divorce</a>. To be able to use this process, there are certain conditions that both parties must meet. Both parties must not question any demands from the other party and they both must agree to the terms set by each other.</p>
<p>If the couple has children, they should be of legal age and must not be connected with the case. When filing for a Pro Se divorce, any charges to the other party like debts, physical and mental abuse, or other criminal acts must not be present.</p>
<p>Both parties should also be financially stable after the divorce so that there will be no discussion about financial supports to the other party like alimony.</p>
<p>If the couple has a common asset or a set of properties, they must both agree to the distribution of these assets. If the couple does not agree on a detail about the property split, then they should ask a lawyer to assist them so that they won&#8217;t not need to go through a Pro Se divorce.</p>
<p>The Advantage of Divorce Without Lawyer</p>
<p>Hiring a divorce lawyer is an expensive business. Therefore, a divorce without a lawyer saves both parties a lot of money when it comes to lawyer&#8217;s fees. However, it would be a good idea if you know all the legalities of this type of divorce before you initiate the proceedings. You should have a clear idea about all the documentation work and the kind of information that will be needed.</p>
<p>Handling your own divorce without lawyers involved really isn&#8217;t that difficult. Once you&#8217;ve resolved the big questions of child custody, money, and property all that remains is to file the divorce form.</p>
<p>In many state&#8217;s you don&#8217;t even have to appear in court for an uncontested divorce. Many courts try to make it really easy to go through the whole process of divorcing without a lawyer.</p>
<p>Although getting a divorce without a lawyer may seem like a daunting task with all the paperwork to be furnished and all legalities that need to worked upon, it is not that cumbersome, as you do get help from the courthouse offices. Plus not to mention the amount of time and money one will save.</p>
<p>More info about lawyer here, <a rel="nofollow" onclick="javascript:_gaq.push(['_trackPageview', '/outgoing/article_exit_link']);" href="http://how-to-be-a-lawyer.blogspot.com/2010/05/how-to-divorce-without-lawyer.html">How To Be A Lawyer</a></p>
<p>Originally published <a href='http://www.articlesbase.com/law-articles/how-to-divorce-without-a-lawyer-2429460.html' target='_blank'>here</a>.<br />
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		<title>Divorce Lawyer Guide Blog</title>
		<link>http://www.alimonylawyer.net/2010/08/24/divorce-lawyer-guide-blog.html</link>
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		<pubDate>Tue, 24 Aug 2010 19:40:59 +0000</pubDate>
		<dc:creator>Alimony Lawyer</dc:creator>
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Divorce Lawyer Guide Blog -Â 6 Tips For Choosing a Divorce Lawyer
Although it is possible to get a divorce without the assistance of an attorney, if you want the best possible outcome for you and your children, it&#8217;s best to work with someone who is already familiar with the ins and outs of the divorce court [...]]]></description>
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<p><strong>Divorce Lawyer Guide Blog -Â 6 Tips For Choosing a Divorce Lawyer</strong></p>
<p>Although it is possible to get a divorce without the assistance of an attorney, if you want the best possible outcome for you and your children, it&#8217;s best to work with someone who is already familiar with the ins and outs of the divorce court system in your state. <strong>Visit here now</strong> <a rel="nofollow" onclick="javascript:_gaq.push(['_trackPageview', '/outgoing/article_exit_link']);" href="http://findonlinedivorcelawyer.blogspot.com/">http://findonlinedivorcelawyer.blogspot.com/</a></p>
<p>A lawyer is your advocate for you in the legal system. Aside from the state you file divorce in, the attorney you choose is the biggest factor that will determine the outcome of your divorce. Alimony payments, property ownership, division of assets, and child visitation and custody rights will be determined to a great degree by who you choose to represent you.<br />Here are some tips that will help you to choose the right divorce lawyer for your particular circumstances:</p>
<p>1) Hire a divorce attorney who has experience in your state of residence &#8211; No matter how good a lawyer is, there&#8217;s much to be said for having expertise in an area. You want someone who is as familiar with the particular divorce laws in your state as he is with the back of his hand. You also want someone for whom divorce cases are a good percentage of their practice.</p>
<p>2) Interview the attorney(s) in person &#8211; a phone conversation won&#8217;t do, no matter how highly he comes recommended. You and whoever you choose as your attorney will be partners though the entire divorce proceedings and possibly after. You want to make sure that this is a person who you will feel comfortable about representing you. If you are uncomfortable with the attorney, then he is not the one for you. Listen to your instincts and choose one whom you trust.</p>
<p>3) Hire a different attorney than your spouse &#8211; This is true whether the divorce is an amicable one or a hostile one. The U.S. court system is an adversary system. Each person needs a lawyer who is looking out for their client&#8217;s interest alone. If a lawyer is representing both clients, he or she is bound to have a conflict of interest on more than a few of the issues that arise. Avoid this situation by hiring your own lawyer.</p>
<p>4) Ask for referrals &#8211; you want to know what the attorney&#8217;s other clients think of his services. How they were treated. How their case progressed through the courts. And, how satisfied they were with his results. If you are having trouble finding someone to refer a lawyer to you, be aware that some states and municipalities have lawyer referral programs that can refer to to an appropriate divorce attorney convenient to you.</p>
<p>5) Hire an attorney convenient to where you live or work &#8211; during the course of the divorce proceedings, especially in the early stages, you will probably be meeting with your lawyer a great deal. Choosing an attorney with a convenient location will cut down on your travel expenses</p>
<p>6) Understand the fee structure &#8211; to prevent problems later and to help you budget, make sure that you and your lawyer understand all the fees involved. Most divorce lawyers charge by the hour but some charge a flat fee. In most cases a flat fee would only be appropriate for the absolute simplest of divorces. <strong><a rel="nofollow" onclick="javascript:_gaq.push(['_trackPageview', '/outgoing/article_exit_link']);" href="http://findonlinedivorcelawyer.blogspot.com/">Divorce Lawyer Guide Blog</a></strong>.</p>
<p>Originally published <a href='http://www.articlesbase.com/national-state-local-articles/divorce-lawyer-guide-blog-2655808.html' target='_blank'>here</a>.<br />
<hr />
<p>Visit here Now <a rel="nofollow" onclick="javascript:_gaq.push(['_trackPageview', '/outgoing/article_exit_link']);" href="http://findonlinedivorcelawyer.blogspot.com/">http://findonlinedivorcelawyer.blogspot.com/</a></p>
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		<title>Imagine Having To Pay Forever! â€“ The Need For Alimony Reform</title>
		<link>http://www.alimonylawyer.net/2010/08/24/imagine-having-to-pay-forever--the-need-for-alimony-reform.html</link>
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		<pubDate>Tue, 24 Aug 2010 12:10:59 +0000</pubDate>
		<dc:creator>Alimony Lawyer</dc:creator>
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&#8220;I won&#8217;t agree to this amount, I can&#8217;t live on that amount, it&#8217;s too low!&#8221; she said, as she threw back the marriage &#8220;divorce&#8221; settlement agreement.Â  Alimony isn&#8217;t to be the sole support but to supplement her income if she is a capable person able to earn her own living.Â  Alimony shouldn&#8217;t be looked at [...]]]></description>
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<p>&#8220;I won&#8217;t agree to this amount, I can&#8217;t live on that amount, it&#8217;s too low!&#8221; she said, as she threw back the marriage &#8220;divorce&#8221; settlement agreement.Â  Alimony isn&#8217;t to be the sole support but to supplement her income if she is a capable person able to earn her own living.Â  Alimony shouldn&#8217;t be looked at as a &#8220;lottery&#8221; or a way to soak the ex-husband as it often is looked at by the ex-wife.</p>
<p><strong>The likelihood of being forced to pay alimony </strong></p>
<p>As a man, you have to pull your hair out when you are dealing with an antiquated legal system that favors the woman when it comes to alimony.Â  The woman&#8217;s attorney looks at how many years the woman was married and then calculates how long the man will have to pay alimony. Â If you have been married 4 years or less, alimony is not likely.Â  Between 7 and 12 years of marriage, it is slightly possible to probable.Â  If you have been married for 15 years or more, in states like Florida, it is &#8220;almost definite&#8221; and it will be permanent.Â  Permanent if she found a way to not work during most of the marriage.</p>
<p>Now, you want to settle out of court, because you will probably get a worse deal if the judge gets a hold of your case in a pro-alimony state.Â  So, on the advice of your attorney, you give in and hope that she will get married some day.Â  But, you know, why should she?Â  She has it made.Â  She is an able body woman, with a college degree who is living off of you.Â  Talk about the ultimate entitlement!</p>
<p>Paying alimony for a period of time, known as rehabilitative, is understandable.Â  Give her time to get up to speed so that she can get back in the workforce or start her own business.Â  But, paying until forever just doesn&#8217;t work and is an archaic notion.Â  Woman should be embarrassed to be sponging off an ex-husband.Â  The idea of getting a divorce is to get out of a bad relationship; not to get out of a bad relationship to be reminded of it twice a month with an alimony checkÃ¢Â€Â¦FOR LIFE.</p>
<p><strong>Alimony without divorce legal in Maryland</strong></p>
<p>Yes, you read that correctly.Â  According to an article by Peter Hermann in the Baltimore Sun, December 9, 2009, in Maryland, you don&#8217;t need to be divorced to be forced to pay alimony.Â  The second highest court in Maryland ruled, in a unanimous decision, upholding a circuit judge ruling.Â  A couple came to court without attorneys and without the witnesses required to testify before getting legally unhitched. The Circuit Court judge refused to divorce them, but he did order that the husband pay the wife $764 a month in child support and $1,500 a month in alimony.Â  Using a ruling from 1777 as a precedent, when Maryland first started hearing cases involving alimony, ruled on the appeal from the circuit court ruling.Â  Retired judge, Charles E. Moylan Jr., who ruled for the husband, was quoted in the article: &#8220;The notion of alimony totally disconnected from a divorce, albeit a practice boasting a venerable pedigree, has become at least quaintly anachronistic, if not actually vestigial, in 21st Century Maryland.&#8221;</p>
<p><strong>North Carolina needs alimony guidelines: it&#8217;s time for a change</strong></p>
<p>On the site, Divorce Crossroads, Scott Allen argues that North Carolina should adopt state-wide alimony and post separation guidelines.Â  Allen goes on to explain.Â  Â Â In North Carolina the amount and duration of alimony (and the amount of temporary support prior to alimony being set &#8212; called post-separation support) is in the discretion of the trial judge and this leads to the following:</p>
<p>In similar fact scenarios the outcomes will be different from different judges and in different jurisdictions around the state.<br />
Since the outcome of an alimony case is not easily determined, alimony claims are difficult to settle.<br />
Since alimony is difficult to settle, clients have to spend more money toÂ litigate cases.<br />
Since alimony cases are difficult to settle judges have more alimony cases to hear.</p>
<p><strong>Virginia alimony statue creates a trap for the unwary</strong></p>
<p>Even though parties have a Property Settlement Agreement which does not provide for spousal support at the present time, it is common practice for the Property Settlement Agreement to state that one of the spouses is awarded a reservation of spousal support. When the parties drafted such a provision for a reservation of spousal support, it was probably their intent that the spouse in whose favor the reservation was granted could, at any time in the future, ask the court to award spousal support. However, if their Property Settlement Agreement is incorporated into a Virginia divorce decree in a case which is filed after July 1, 1998, then it will be a case in which the right to spousal support is reserved and therefore it will be presumed that the reservation will last for one-half of the length of the marriage because there are no provisions in the Property Settlement Agreement to overcome the presumption.Â  <strong>published in Divorcenet.com. </strong></p>
<p><strong>Permanent Alimony &amp; The Stay At Home Mom: Florida Divorce and Alimony </strong></p>
<p>Whitney R Lonker wrote in his blog in September 2009:</p>
<p>Florida law provides for permanent <a rel="nofollow" onclick="javascript:_gaq.push(['_trackPageview', '/outgoing/article_exit_link']);" href="http://www.woodatter.com/">alimony</a> when certain statutory factors are met however, in the end, it&#8217;s still up to a Judge. Having said that, the length of the marriage is one factor the Courts look to in determining permanent alimony. Usually if the marriage is 10 years or fewer, the courts consider this a short-term marriage and there is a presumption against permanent alimony. If the marriage is 11-16 years, the courts deem this as a &#8220;gray area&#8221; length of marriage with no presumption either way for or against alimony. A marriage of 17 or more years is considered by the courts to be long-term with a presumption in favor of permanent alimony. However, the requesting spouse has to show a need for the support and the other spouse has to show an ability to pay it. On July 29, 2009, the <a rel="nofollow" onclick="javascript:_gaq.push(['_trackPageview', '/outgoing/article_exit_link']);" href="http://www.3dca.flcourts.org/Opinions/3D08-1265.pdf">Florida 3rd DCA</a> stated that there is a strong factor support permanent alimony where a spouse remained home caring for the family rather than pursuing a career for a significant period of time.</p>
<p><strong>Alimony Reform &#8212; The Alliance for Freedom leads the way</strong></p>
<p>The Alliance for Freedom is an organized group focusing entirely on legislative efforts to reform the present alimony laws in Florida, some of the most archaic laws in the country.Â  The group has moved into the next generation of activates to maximize its efforts and effectiveness.Â  Not only do spouses who pay &#8220;lifetime&#8221; alimony suffer, but their families, second spouses or significant others are affected.Â  There is a negative trickle-down effect that has an affect on the whole society and economy and it is time for a change in the laws.</p>
<p>There is a new emphasis on educating the public and those responsible for making the laws that affect family law.Â  There is a pressing need to end the continuing financial marriage that survives and lives long after the dissolution of marriage that terminated the relationship of the spouses.</p>
<p>The organization is fighting Florida House Bill 277.Â  This bill allows for:</p>
<p>A<strong>ward of more than one type of alimony; revises factors to be considered in whether to award alimony or maintenance; provides for award of bridge-the-gap alimony for limited period; provides that such award is not modifiable; provides for award of rehabilitative alimony, durational alimony, &amp; permanent alimony in certain circumstances; provides for modification or termination of such awards.</strong></p>
<p><strong>&#8220;H.B. 277 currently before the legislature expands and deepens the Alimony schemeÃ¢Â€&#8221;&#8211;a very bad bill.&#8221;</strong></p>
<p><strong>R. C. (Dick) Lindsey, Chairman Alliance for Freedom From Alimony, Inc.</strong></p>
<p>The efforts that are made towards reform in Florida will pave the way for other states to follow. Only by your participating and joining the Alliance team, <a rel="nofollow" onclick="javascript:_gaq.push(['_trackPageview', '/outgoing/article_exit_link']);" href="http://www.alimonyreform.com/">www.alimonyreform.com</a> , will this happen.</p>
<p>&#8220;We are currently working with the legislature to make changes to the permanent lifetime Alimony lawsÃ¢Â€&#8221;&#8211;hopefully change to a system like Texas and some other states have.&#8221; wrote Lindsey.</p>
<p><strong>Texas Alimony Law</strong></p>
<p>In order to qualify for spousal maintenance in Texas, the requesting party must meet one of four requirements:</p>
<p>The paying spouse was convicted of family violence within 2 years of the date of the filing of divorce;<br />
The marriage was 10 years or longer and the requesting spouse lacks sufficient property to provide for minimal needs (including property awarded in the divorce) and is unable to support him/herself through appropriate employment because of an incapacitating physical or mental disability;<br />
The marriage was 10 years or longer and the requesting spouse lacks sufficient property to provide for minimal needs (including property awarded in the divorce) and is the custodian of a child who requires substantial care and personal supervision, making it necessary for that spouse to remain at home with that child; or<br />
The marriage was 10 years or longer and the requesting spouse lacks sufficient property to provide for minimal needs (including property awarded in the divorce) and the requesting spouse lacks earning ability in the labor market adequate to provide support of minimal needs.</p>
<p>If the party qualifies for maintenance under (1) (3) or (4), the maximum term of maintenance is 3 years and the amount ordered cannot exceed 20% of the gross income of the paying spouse. If the party qualifies for maintenance under (2), the term can be indefinite. Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â <strong>Source: Divorcenet.com</strong></p>
<p>With alimony and other divorce related laws, it is up to each state to determine the laws and judgments.Â  Doesn&#8217;t it make sense for states to adopt &#8220;best practice&#8221; laws and create a uniform system?</p>
<p>The alimony laws, in most states, are outrageous and so out of touch with the reality of life.Â  Too often, the man is forced to carry the burden of providing for a woman who is very capable of caring for herself.</p>
<p>Unfortunately, the law is not always about what is fair.Â  It&#8217;s time for reform.</p>
<p>Originally published <a href='http://www.articlesbase.com/divorce-articles/imagine-having-to-pay-forever-the-need-for-alimony-reform-2068232.html' target='_blank'>here</a>.<br />
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<p>Scott Brown</p>
<p>www.thinkdivorceb4marriage.com</p>
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		<title>Pittsburgh Divorce Lawyers and How to Choose the Right Pittsburgh Divorce Lawyer</title>
		<link>http://www.alimonylawyer.net/2010/08/23/pittsburgh-divorce-lawyers-and-how-to-choose-the-right-pittsburgh-divorce-lawyer.html</link>
		<comments>http://www.alimonylawyer.net/2010/08/23/pittsburgh-divorce-lawyers-and-how-to-choose-the-right-pittsburgh-divorce-lawyer.html#comments</comments>
		<pubDate>Mon, 23 Aug 2010 19:30:59 +0000</pubDate>
		<dc:creator>Alimony Lawyer</dc:creator>
				<category><![CDATA[Alimony Lawyer Articles]]></category>

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		<description><![CDATA[
Are you currently residing in Pittsburgh and going through a divorce? If so then you will eventually need to browse through the available Pittsburgh divorce lawyers in hopes of selecting the best Pittsburgh divorce lawyer to work on your divorce case. There are a number of different things that you should look for when trying [...]]]></description>
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<p>Are you currently residing in Pittsburgh and going through a divorce? If so then you will eventually need to browse through the available Pittsburgh divorce lawyers in hopes of selecting the best Pittsburgh divorce lawyer to work on your divorce case. There are a number of different things that you should look for when trying to select the best Pittsburgh divorce lawyer. We will discuss some of the things in this article. Before we do though we will discuss Pittsburgh Divorce&#8217;s Mark Gubinsky &#8211; a Pittsburgh based divorce lawyer that serves Allegheny County as well as all of the surrounding counties.</p>
<p>Â </p>
<p>This particular Pittsburgh divorce lawyer offers a number of different services that will help when going through a divorce. Pittsburgh Divorce offers child support and child custody services for those who are going through a divorce and have children. Mark also offers other unique divorce service such as prenuptial agreements, cohabitation issues, equitable distribution, spousal support and alimony. This is one of the few Pittsburgh divorce lawyers that offers collaborative service for those couples who are interested in seeking a harmonious solution. This service is an alternative to traditional divorce litigation and encourages communication between parties and helps them negotiate to a solution out of court.</p>
<p>Â </p>
<p>There are many Pittsburgh divorce lawyers to choose from which can make it difficult to select the best Pittsburgh divorce lawyer for your particular situation. There are a number of things that will you can take into consideration to help you make a better selection. For starters, you should feel comfortable with your lawyer. You will want to choose one of the Pittsburgh divorce lawyers that you feel comfortable allowing to work on your divorce case. It is important to choose a lawyer that actually listens to what you have to say and choosing one that knows what is important to you will have a better outcome once all is said and done.</p>
<p>Â </p>
<p>The divorce laws are changing on a constant basis. Therefore, you will want to choose one of the Pittsburgh divorce lawyers that keeps up with the constant changes on a regular basis. You should ask the lawyer how they keep up with these changes and how often they do it. It is also important to find a lawyer that actually enjoys practicing divorce law. This is the best way to ensure that your lawyer will enjoy working on your case and will put forth their best ability.</p>
<p>Â </p>
<p>Anyone who knows a thing or two about divorce knows that a significant number of all divorce cases are settled through the use of negotiation. Therefore, when searching through the available Pittsburgh divorce lawyers, you should choose a Pittsburgh divorce lawyer that is skilled in the art and science of negotiation. You should also choose a lawyer that will answer or return your phone calls in a timely fashion.</p>
<p>Â </p>
<p>Originally published <a href='http://www.articlesbase.com/business-articles/pittsburgh-divorce-lawyers-and-how-to-choose-the-right-pittsburgh-divorce-lawyer-1055376.html' target='_blank'>here</a>.<br />
<hr />
<p>Are you browsing through the available <a rel="nofollow" onclick="javascript:_gaq.push(['_trackPageview', '/outgoing/article_exit_link']);" href="http://www.pittsburgh-divorce.net/index.html">Pittsburgh Divorce Lawyers</a>? Consider visiting Pittsburgh Divorce which is a highly qualified <a rel="nofollow" onclick="javascript:_gaq.push(['_trackPageview', '/outgoing/article_exit_link']);" href="http://www.pittsburgh-divorce.net/pittsburgh_divorce_lawyer_services.htm">Pittsburgh Divorce Lawyer</a>.</p>
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		<title>How can Family Lawyers help?</title>
		<link>http://www.alimonylawyer.net/2010/08/22/how-can-family-lawyers-help.html</link>
		<comments>http://www.alimonylawyer.net/2010/08/22/how-can-family-lawyers-help.html#comments</comments>
		<pubDate>Sun, 22 Aug 2010 19:20:59 +0000</pubDate>
		<dc:creator>Alimony Lawyer</dc:creator>
				<category><![CDATA[Alimony Lawyer Articles]]></category>

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		<description><![CDATA[
How can Family Lawyers help?
A family lawyer looks after cases relating to divorce, guardianship, custody modification, and issues related to children. The family lawyers work in close association with children&#8217;s associations to make sure that the parents are not neglecting their children. The family lawyers are also engaged in private practices. They may enter into [...]]]></description>
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<p><strong>How can Family Lawyers help?</strong></p>
<p>A family lawyer looks after cases relating to divorce, guardianship, custody modification, and issues related to children. The family lawyers work in close association with children&#8217;s associations to make sure that the parents are not neglecting their children. The family lawyers are also engaged in private practices. They may enter into practices with other group of lawyers in partnership. The family attorney may also be responsible for the act of mediations. He generally represents the client while mediating.</p>
<p><strong>A. Harrison Barnes</strong><strong> </strong>of <a rel="nofollow" onclick="javascript:pageTracker._trackPageview('/outgoing/article_exit_link');" href="http://www.bcgsearch.com/" target="_blank" title="Bcgsearch.com"><strong>Bcgsearch.com</strong></a> has pointed out that any cases related to surrogacy, child abuse or child rights, spousal abuse, adoption, legitimacy, annulment, alimony, issues relating to parental responsibility, property settlement issues falls within the purview of the family lawyers. The issues relating to domestic relations and family like that of marriage, civil unions, and domestic partnerships are handled by the family lawyers. The family lawyers can help out those children who are in distress or needs legal support. In some cases the attorney may help the child to get legal support from the state. There are certain factors which need to be taken into account while dealing with the custody of a child, for instance the inability of the parents to safeguard their own children. The parent&#8217;s marital status is not considered while visitation or filling for custody. The court of law can make sure of the fact that the child will be taken care of. The family attorney can bring about an order of restraint in case any of the relatives are trying to harm your family. You can also expect protection from the court of law, incase you are getting threatening calls from your relatives says <strong>A. Harrison Barnes </strong>of <strong>Bcgsearch.com</strong>.</p>
<p><a rel="nofollow" onclick="javascript:pageTracker._trackPageview('/outgoing/article_exit_link');" href="http://www.bcgsearch.com/" target="_blank" title="Family lawyers"><strong>Family lawyers</strong></a> practice in the field of estates and wills. The attorneys are responsible for handling the power of attorney issues, they advice their clients for setting up wills, deal with the cases of adoption, trust funds and annuities. The family attorneys spend most of their time in dealing with clients directly, or working in close cooperation and coordination with the group of attorneys. In some states there are provisions, where by the lawyers can coordinate with both parties of the families, provided they agree to it says <strong>A. Harrison Barnes. </strong>If such provisions do not exist in a state or incase the family does not agree to this provision, both parties seek different lawyers.</p>
<p>To represent their clients in the court of law, the family attorneys are required to prepare pleadings, filings and attend the trial courts and the proceedings every day. The family lawyers are expected to take recourse to mediation and arbitration with the parties for resolving disputes. The attorneys try to avoid the costly battles in courts this way says <strong>A. Harrison Barnes</strong>.<strong> </strong>Among the family attorney, some are also collaborative lawyers who try to mitigate the disputes between the parties outside the law courts<strong>.</strong></p>
<p>Some commonly performed by the family lawyers have been stated by<strong> A. Harrison Barnes</strong>.</p>
<p> They assist families to undertake legal actions. Different aspects of the case are discussed by the family attorneys when they meet their clients. The family attorneys put before the clients several legal options that are available. They also assist them in choosing the right option. The family lawyers constantly mitigate and negotiate with other lawyers to arrive at a tentative decision. They help to file cases, prepare legal pleadings, and complete paper work and file documentation pertaining to the cases. They seek to expand their business contacts by continuously meeting new clients. For this they are required to advertise and network with the other lawyers.
<p>If you are interested in becoming a family lawyer, you need to complete a four year undergraduate course says <a rel="nofollow" onclick="javascript:pageTracker._trackPageview('/outgoing/article_exit_link');" href="http://www.aharrisonbarnes.com/" target="_blank" title="A. Harrison Barnes"><strong>A. Harrison Barnes</strong></a>.<strong> </strong>You need to pass the<strong> </strong>LSAT or the Law School Admission Test, in order to enter into a law school. There are many other related courses that may help you to get into a law school like contracts, constitutional law, civil procedure and legal writing. Any student aspiring to become a family lawyer, need to pass the bar examination, this helps him to get accredited by the judicial system or the state of United States of America. The students need to have good interpersonal and communicative skill in order to solve the disputes arising out of the parties. You must be experienced in the field of civil litigation to get employed as a family lawyer. The deserving candidate must have knowledge about Microsoft Word, Excel and Outlook to excel in his career says <strong>A. Harrison Barnes</strong>.<strong> </strong></p>
<p>Originally published <a href='http://www.articlesbase.com/careers-articles/how-can-family-lawyers-help-1437492.html' target='_blank'>here</a>.<br />
<hr />
<p>Elizabeth Martinez &#8211; Ph.D. &#8211; Organizational Psychology. Provides you with a deep level of insight into your career direction and career development.</p>
<p>
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		<title>How To Become Divorce Lawyer</title>
		<link>http://www.alimonylawyer.net/2010/08/21/how-to-become-divorce-lawyer.html</link>
		<comments>http://www.alimonylawyer.net/2010/08/21/how-to-become-divorce-lawyer.html#comments</comments>
		<pubDate>Sat, 21 Aug 2010 19:10:59 +0000</pubDate>
		<dc:creator>Alimony Lawyer</dc:creator>
				<category><![CDATA[Alimony Lawyer Articles]]></category>

		<guid isPermaLink="false">http://www.alimonylawyer.net/?page_id=231</guid>
		<description><![CDATA[With nearly half of all marriages ending in divorce, the demand for divorce lawyers has never been higher. Practicing divorce law means long years of study followed by years of getting a practice established and then a very specific set of challenges because of the types of cases that a divorce lawyer sees and the [...]]]></description>
			<content:encoded><![CDATA[<div>With nearly half of all marriages ending in divorce, the demand for divorce lawyers has never been higher. Practicing divorce law means long years of study followed by years of getting a practice established and then a very specific set of challenges because of the types of cases that a divorce lawyer sees and the high emotions present in divorce law clients.</p>
<p><a rel="nofollow" onclick="javascript:pageTracker._trackPageview('/outgoing/article_exit_link');" href="http://how-to-be-a-lawyer.blogspot.com/2010/04/how-to-become-divorce-lawyer.html"></a></p>
<p>Divorce lawyers specialize in family litigation before civil, juvenile or probate courts. The issues that divorce lawyers represent their clients on behalf of include child custody, alimony and division of jointly held property. Lawyers in this field also engage in the investigation of cases to gather evidence and pursue the best course of legal action in divorce proceedings.</p>
<p>Divorce lawyers must have at least a bachelor degree and jurist doctorate degree from a law school that is accredited. Most law schools require applicants to receive a satisfactory score on the Law School Admission Test (LSAT) to gain acceptance.</p>
<p>Most law schools require students to complete internships. Many aspiring divorce lawyers complete internships or obtain part-time employment in law firms that specialize in family or divorce law to gain experience and establish valuable contacts. All states require divorce lawyers to pass written bar examinations to become licensed to practice law.</p>
<p>Divorce Attorney Advantages </p>
<p>1 . You have an attorney representing your interests. They only represent one spouse and never both in a divorce matter.</p>
<p>2 . There is an actual conflict of interest in representing clients in a divorce case.</p>
<p>3 . They charge lower attorney and paralegal rates than many law firms do and don&#8217;t charge for the clients for some of the cost items that some law firms do.</p>
<p>Divorce Attorney Disadvantages</p>
<p>1 . You will each have to pay for one attorney which can increase legal fees and costs.</p>
<p>2 . You will also have two attorneys involved rather than one attorney which can lead to increased tensions and conflict if the two attorneys cannot work well together.</p>
<p>Divorce lawyers typically focus on legal work at the end of a marriage, they can also work on items such as prenuptial agreements that can help make the end of a marriage smoother if the marriage ends up on the divorce side of statistics.</p>
<p>They can work in a variety of settings including in a larger firm that focuses on family law, in their own private practice or as a professor at a university or law school.</p>
<p>Employment of all lawyers, including divorce lawyers is expected to grow about as fast as average for all professions. The growing population and increase in marriages ending in divorce will drive job growth for divorce lawyers.</p>
<p>Divorce lawyers often must contend with emotionally charged situations on a daily basis and must learn to become objective to maintain their own emotional balance. A career as a divorce lawyer is a great choice for people with a strong interest in representing a variety of clients going through divorces.</p>
<p>More info about lawyer here, <a rel="nofollow" onclick="javascript:pageTracker._trackPageview('/outgoing/article_exit_link');" href="http://how-to-be-a-lawyer.blogspot.com/2010/04/how-to-become-divorce-lawyer.html">How To Be A Lawyer</a></p>
<p>Originally published <a href='http://www.articlesbase.com/law-articles/how-to-become-divorce-lawyer-2429438.html' target='_blank'>here</a>.<br />
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<p>
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		<title>How To Divorce Without A Lawyer</title>
		<link>http://www.alimonylawyer.net/2010/08/20/how-to-divorce-without-a-lawyer.html</link>
		<comments>http://www.alimonylawyer.net/2010/08/20/how-to-divorce-without-a-lawyer.html#comments</comments>
		<pubDate>Fri, 20 Aug 2010 19:00:59 +0000</pubDate>
		<dc:creator>Alimony Lawyer</dc:creator>
				<category><![CDATA[Alimony Lawyer Articles]]></category>

		<guid isPermaLink="false">http://www.alimonylawyer.net/?page_id=228</guid>
		<description><![CDATA[
It is a fact that not all marriages end with happy endings. Divorce can sometimes be the best last option in a bad marriage. However, getting a divorce is not an easy task. In many states it is legal to get a divorce without representation. If you have limited or no assets and no children [...]]]></description>
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<p>It is a fact that not all marriages end with happy endings. Divorce can sometimes be the best last option in a bad marriage. However, getting a divorce is not an easy task. In many states it is legal to get a divorce without representation. If you have limited or no assets and no children or dependents, it may the way to go as you&#8217;ll save money in attorney and court costs.</p>
<p>Not all couples are advised to file for a divorce without a lawyer because there are some conditions that must be met in order to do away with the need of a lawyer.</p>
<p>There is now available a method to deal with a divorce without a lawyer or an attorney. The process is termed as the<a rel="nofollow" onclick="javascript:pageTracker._trackPageview('/outgoing/article_exit_link');" href="http://how-to-be-a-lawyer.blogspot.com/2010/05/how-to-divorce-without-lawyer.html"> Pro Se divorce</a>. To be able to use this process, there are certain conditions that both parties must meet. Both parties must not question any demands from the other party and they both must agree to the terms set by each other.</p>
<p>If the couple has children, they should be of legal age and must not be connected with the case. When filing for a Pro Se divorce, any charges to the other party like debts, physical and mental abuse, or other criminal acts must not be present.</p>
<p>Both parties should also be financially stable after the divorce so that there will be no discussion about financial supports to the other party like alimony.</p>
<p>If the couple has a common asset or a set of properties, they must both agree to the distribution of these assets. If the couple does not agree on a detail about the property split, then they should ask a lawyer to assist them so that they won&#8217;t not need to go through a Pro Se divorce.</p>
<p>The Advantage of Divorce Without Lawyer</p>
<p>Hiring a divorce lawyer is an expensive business. Therefore, a divorce without a lawyer saves both parties a lot of money when it comes to lawyer&#8217;s fees. However, it would be a good idea if you know all the legalities of this type of divorce before you initiate the proceedings. You should have a clear idea about all the documentation work and the kind of information that will be needed.</p>
<p>Handling your own divorce without lawyers involved really isn&#8217;t that difficult. Once you&#8217;ve resolved the big questions of child custody, money, and property all that remains is to file the divorce form.</p>
<p>In many state&#8217;s you don&#8217;t even have to appear in court for an uncontested divorce. Many courts try to make it really easy to go through the whole process of divorcing without a lawyer.</p>
<p>Although getting a divorce without a lawyer may seem like a daunting task with all the paperwork to be furnished and all legalities that need to worked upon, it is not that cumbersome, as you do get help from the courthouse offices. Plus not to mention the amount of time and money one will save.</p>
<p>More info about lawyer here, <a rel="nofollow" onclick="javascript:pageTracker._trackPageview('/outgoing/article_exit_link');" href="http://how-to-be-a-lawyer.blogspot.com/2010/05/how-to-divorce-without-lawyer.html">How To Be A Lawyer</a></p>
<p>Originally published <a href='http://www.articlesbase.com/law-articles/how-to-divorce-without-a-lawyer-2429460.html' target='_blank'>here</a>.<br />
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