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Understanding Divorce – What Is the Difference Between a Contested and Uncontested Divorce?
As lawyers practicing in the area of Family Law, we get asked regularly about the differences between an uncontested divorce and a contested divorce. It is important to understand the distinction, as many people incorrectly think their case will be “uncontested” (and therefore much easier) when, in fact, it is truly a “contested” case. When looking at a case, for it to be truly “uncontested” in nature, the parties must agree on every issue in the case.How to Change Your Name
Most likely you have just been married or divorce and looking to change your name. Below is a step by step guide on exactly how to do this.Role of Divorce Attorneys in South Africa Regarding Various Types of Marriages
Divorce attorneys in South Africa act in the capacity of mediators, councillors and litigators. A couple has to apply to court to have the marriage or partnership dissolved. A court will only allow for such if there is proof of irretrievable breakdown of the partnership or marriage. Another valid reason for such an application is where one of the partners is no longer conscious or suffers from a mental illness.Joint Custody Agreements and Visitation Schedules – Doing What Is Best for Your Child
In situations where both parents are willing and able to take care of the child, joint custody is the preferred option of most courts. Children benefit from having frequent, ongoing contact with both parents. Children need both of their parents in their lives and should have the opportunity to be raised by both of them.Joint Custody Agreements and Visitation Schedules – Disregarding Child Support
Child support should never serve as the motive for your custody decisions. Do the right thing and create the custody agreement that is best for your child.Splitting It Up: How the Marital Home Is Divided in Divorce
One of the most worrying parts of many divorces is figuring out how to handle your shared assets. In most cases, the biggest asset will be the home you and your spouse share. Deciding whether one of you will keep the home, whether it will be sold, and who will receive any related debt or home equity can be tricky. It’s important to consult a divorce lawyer and to learn as much as you can about the law before you jump into dividing things up.Statutory Factors Considered by Judges Regarding Child Custody and Visitation
Judges are often confronted with making difficult decisions regarding custody and visitation of minor children. Most States have passed statutes that give the courts some guidance on how to decide what the parent’s status will be and who will have custody and who when visits will occur. The statutes provide guidance but more often than not allow the individual judges a significant amount of room to use their own judgment based on the best interest of the child.Overview of the Divorce Process
Every divorce follows certain steps outlined by the law including the filing a of a petition, answer and final decree of divorce. While each divorce is different the basic process is established and certain requirements must be met. This article explains the basic requirements and the order of filing to successfully complete a divorce.The Discovery Process in Divorces
Discovery is a process used to prepare for trial, and is usually used in a contested case. Discovery is a process that includes interrogatories, requests for admissions, requests for documents or production and requests for disclosure. The party who receives the discovery has thirty days from the date it is received to return the information to the requesting attorney.Questions on Ancillary Relief Proceedings
Ancillary relief is a financial relief application filed by couples while petitioning for a divorce. Ancillary relief usually comes into picture in cases where there is a large sum of money or property involved in the dispute. In such cases, although the couple splits virtually in all manners, they are still obliged financially. Read some of the important Ancillary Relief questions addressed below.Alcoholism and Divorce Law Questions
Alcoholism is that disease that affects one’s health as well as one’s family. Most number of divorces take place due to alcoholic problems. Child custody, child support, alimony are other issues that crop up due to alcoholism which need to be resolved legally. Some of the top legal questions about alcoholism and divorce are discussed in this article.Do I Need a Temporary Restraining Order During My Divorce?
Temporary Restraining Orders are issued in civil cases to prevent or restrain a party from taking an action. They are often used in divorces to prevent destruction of property or changes to children’s routines.