If you've been in a Rhode Island Family court either for a Rhode Island divorce proceeding or other family law matter and you've been represented by a Rhode Island attorney then you most likely have seen the attorneys go into the judge's chambers on more than a few occasions to discuss your case.
This can, and often is, very frustrating for clients because they want to witness first-hand everything that goes on in their case. To the uninformed client it can appear fairly suspicious and cause considerable nervousness because they don't know what is being said about them, their case, their assets, their responsibilities, etc. . . . . all behind closed doors.
I can certainly understand the concerns of these clients. Here they are sitting in the courtroom, waiting to be heard . . expecting to be heard . . . and waiting as the moments tick by so that they can say something . . . . ANYTHING . . . to make sure their side of the story is heard by the Rhode Island family court judge assigned to their divorce case.
No doubt, as clients sit in the gallery (a more respectable term than the church type pews that line most of the state court rooms) waiting for their attorneys to come back from the mysterious "chambers" of the judge, they conjure in their minds various images of what may be taking place in the judge's chambers based upon everything from their attorney's demeanor that morning, to the size of the briefcase the other attorney may be carrying in comparison to their own counsel.
So is there a purpose to these "backroom" gatherings that clients worry about? Or, is it merely a way to keep the client's mouth shut and bill a few hours for the attorney?
As a Rhode Island attorney focusing my law practice in the area of Rhode Island Divorce and Family law, I can tell you with certainty that these questions are not merely a creation of my own mind. These are, in fact, questions that are routinely tossed my way by clients, by spectators and by arm chair lawyers that want to second guess their attorneys who may well be in with the judge at the time they choose to try to pick my brain, "free of charge", while they sit and wait to find out what fate may befall them on that particular day.
The long and the short of it, is that conferences between counsel and the judge on Rhode Island Divorce and Family Law Cases are in some instances mandatory, such as Case Management Conferences and Pre-trial Conferences, and are, in other instances, necessary to move the court's docket.
Practicality must be a weighing factor here for all concerned, litigants, attorneys and judges. Every year the state courts are overflowing with divorces, custody cases, domestic abuse matters, etc... There are, in fact, many judges who sacrifice their own personal time and convenience (thanklessly I might add) in order to hear additional matters that wouldn't otherwise be heard if the judges didn't go beyond the scope of what they are simply expected or required to do on a daily basis.
Many Rhode Island Divorce and family court judges deserve a pat on the back or round of applause for what they do for the constituents of Rhode Island and those that become subject to the Rhode Island family court system. It is unfortunate that the public itself rarely sees the things the judiciary do for them from the bench and it is rare, if ever, that good servants of the people go unrewarded and unappreciated.
Though we all have our good and bad days, I believe it is worth noting one particular week in which I observed Magistrate Jeanne Shepard who at the time was sitting in the Providence Family Court hearing nominal proceedings, miscellaneous proceedings and protection from abuse matters. I appeared in the magistrate's courtroom three times in the same particular week. That week and the timing of cases was particularly hectic to my schedule and many other practitioners as the case calendar was very heavy with limited time for each matter. Though Magistrate Shepard's voice was "short" at times with both pro se individuals and counsel alike, she endeavored to hear each person in turn, was attentive as each person presented their case, limited testimony to the extent of the rules of evidence and what was appropriate . . . and most significantly on two of the occasions she required her clerk, her stenographic court assistant and her courtroom sheriff to delay their lunches for nearly an hour on two separate occasions to help accommodate people who had been waiting to be heard that morning and to help attorneys rework their schedules so that not only her docket but other court dockets could move forward. Though not appearing to be an exuberant gesture to to anyone, it was a thoughtful and selfless act that was not within any requirement she had. It was well worth the slight rebuke I received when I endeavored to bring testimony before the court that was only tangentially related to the case matter.
The point is simply this. Conferences are a part of the Rhode Island Divorce and family court process. By and large conferences are much quicker than full hearings requiring movement within the courtroom, swearing in, the formalities of entering exhibits, cross-examination, redirect examination, offers of proof and objections that may go on endlessly if counsel is not particularly adept at asking questions within the boundaries of each and every evidentiary exception. Conferences, generally speaking, can save the client considerable time and money as well since conferences are designed to expedite the process.
There are both pros and cons to conferences that clients should be well aware of. Conferences will rely upon the advocacy skill of your lawyer in an informal setting. Hearings rely upon the advocacy skill of your lawyer in a formalized and possibly highly regimented courtroom proceeding in which a judge may hold your attorney to the letter of the law as to argument, testimony and evidence. Thus, information that your attorney might be able to convey that is favorable to you in the course of a chamber's conference with a judge may not be admissible at all in a formal courtroom hearing. If this were the case, valuable information that YOU consider evidence and want presented at a "hearing" on the record . . . may never be heard or even considered by the judge even though your attorney may make an offer of proof as to that information which the court may consider.
No one can expect nor predict if the results of a chambers agreement would, or even might, mirror the outcome after a hearing. Yet there are significant benefits to chambers conferences for clients and it is best to discuss those benefits with your attorney in determining what stance you would like him or her to take. Practicalities are a concern both with timing, court docket, scheduling, and the monies and time necessary to achieve the result you want in the manner in which you want it.
What goes on behind closed doors? Agreeable resolutions with the candor of individuals who usually know the system, appreciate the practicalities, keep the client's concern's and legal interests foremost in mind and want you to be able to move forward to a better tomorrow.
Visit http://www.ChristopherPearsall.com to learn about Attorney Pearsall's Divorce focused practice
Visit Pearsall Law Associates for a different look at Attorney Pearsall's practice
PLUS . . . get detailed Rhode island Divorce Information at Rhode Island Divorce Tips Blog
Contact Attorney Pearsall at (401) 354-2369 for your low-cost consultation and even find out why FREE consultations are worth exactly what you pay for them!
This article is for informational purposes only and is not legal advice. You should not take legal action without legal advice from a licensed practitioner who has been fully informed about your specific circumstances.
The Rhode Island Supreme Court licenses all attorneys in the general practice of law and has no procedure for recognition of specialties.
Article Source: http://EzineArticles.com/?expert=Christopher_Pearsall
Showing posts with label divorce. Show all posts
Showing posts with label divorce. Show all posts
Tuesday, October 16, 2007
What To Do Before the Divorce
When it looks like a divorce action may be approaching your marriage, a proactive approach of taking preparatory steps can significantly reduce the overall financial and emotional cost. To get ready before divorce proceedings begin, what follows is a practical guide to organizing your personal business and life in order to help such proceedings go more smoothly.
1) Outline the family financial situation: make a list of what you own, a list of what you owe, what the family income is and from whence it comes, and the family’s monthly bills/living expenses. Specify who is the named owner or owners on each asset and for each debt (home, cars, credit cards, etc.).
2) Make copies of statements for all accounts your family has, such as bank account, stocks or other investments, pension funds, life insurance and so forth, as well as for income tax returns and any other family financial records.
3) Do an inventory and list all the personal property or assets which belong to you and/or which you would wish to keep if a division of family property occurs.
4) Keep. It. Friendly. If you can keep relations with your partner civil and amicable through the split-up, everyone will win at least a little. Vindictiveness is a poison that will hurt everyone, especially children. And if at all possible, unless you or your children are in danger, don’t move out of your home, not even if your partner asks you to and no matter how much you may want to. If there are children involved, and they remain in the family home, the parent who has physical custody and is living with them day-by-day has a much better chance of getting custody of the children than does a parent who has moved out and just visits. Additionally, moving out could compromise your share in the property. Your partner could undermine attempts to get it sold, so you have to keep paying the mortgage; or the cost of paying for two residences – the family home and your new one – could become so difficult that you forfeit your interest in the home to get out from under the debt.
5) Look for an experienced family law attorney and start the search by asking friends or associates for referrals. Before your first meeting with an attorney, write down all the questions and problems about which you want to ask. As when you go to the doctor, a written list will help you remember important topics during what could be an upsetting discussion. It will help focus the meeting so it takes less time, which saves fees, and it will give the attorney a written document of your priorities that can be kept in your file for future reference. Bring your financial records to your initial meeting for the same reasons – it’s much less expensive for the attorney to get information from you than from financial institutions or from your partner’s attorney.
6) The more negotiating and agreement you work through on your own with your partner, before the divorce proceedings are initiated, the less negotiating your attorney will have to do on your behalf, and again, the more money you will save in fees. When agreement can’t be reached, clearly your attorney will need to step in, but you may be able to resolve some day-to-day matters, for example who pays for car insurance or school fees, or how household goods and furnishings will be divided.
7) Don’t make big-ticket purchases or take on new debt. These items will make your finances harder to sort out if the time comes to divide things, and they could add to the debt load you have to assume at a point when your spending money is decreasing.
8) Make the most educated estimation possible of what it will cost you to live after the divorce, so you know what goals you want to meet in the financial negotiations and the divorce settlement.
9) If you don’t have any credit in your own name, you will need it when you are single again. Start getting a good credit rating by taking out a credit card, department store card or gas card. Use it only to the extent you can pay off in full every month.
10) In working with your family law attorney, if you can send a letter or e-mail when you want to communicate, rather than calling the attorney on the phone, it will help your attorney to work more efficiently, saving time and money. If the attorney has issues or questions given to her or him in writing, it takes less time to learn about the issue than if it is described over the telephone, it gives time for the attorney to think about and research a response, and thus makes the response more effective. Long, “story-telling” telephone conversations can raise billing hours unnecessarily. Use your attorney for legal counsel, and go to family and friends when you need to vent or get emotional reinforcements.
This general guide to putting your house in order before a possible divorce will not apply to every situation, nor be right for everyone, but it can help make a good start. Your family law attorney can assess what actions are best for you to take, and the more organized information you give the attorney, the better that assessment will be. Divorce is not something any of us choose to experience, but when it is unavoidable, do it smart and cooperatively and the pain will be proportionately minimized.
Article Source: http://EzineArticles.com/?expert=M_Wreford
1) Outline the family financial situation: make a list of what you own, a list of what you owe, what the family income is and from whence it comes, and the family’s monthly bills/living expenses. Specify who is the named owner or owners on each asset and for each debt (home, cars, credit cards, etc.).
2) Make copies of statements for all accounts your family has, such as bank account, stocks or other investments, pension funds, life insurance and so forth, as well as for income tax returns and any other family financial records.
3) Do an inventory and list all the personal property or assets which belong to you and/or which you would wish to keep if a division of family property occurs.
4) Keep. It. Friendly. If you can keep relations with your partner civil and amicable through the split-up, everyone will win at least a little. Vindictiveness is a poison that will hurt everyone, especially children. And if at all possible, unless you or your children are in danger, don’t move out of your home, not even if your partner asks you to and no matter how much you may want to. If there are children involved, and they remain in the family home, the parent who has physical custody and is living with them day-by-day has a much better chance of getting custody of the children than does a parent who has moved out and just visits. Additionally, moving out could compromise your share in the property. Your partner could undermine attempts to get it sold, so you have to keep paying the mortgage; or the cost of paying for two residences – the family home and your new one – could become so difficult that you forfeit your interest in the home to get out from under the debt.
5) Look for an experienced family law attorney and start the search by asking friends or associates for referrals. Before your first meeting with an attorney, write down all the questions and problems about which you want to ask. As when you go to the doctor, a written list will help you remember important topics during what could be an upsetting discussion. It will help focus the meeting so it takes less time, which saves fees, and it will give the attorney a written document of your priorities that can be kept in your file for future reference. Bring your financial records to your initial meeting for the same reasons – it’s much less expensive for the attorney to get information from you than from financial institutions or from your partner’s attorney.
6) The more negotiating and agreement you work through on your own with your partner, before the divorce proceedings are initiated, the less negotiating your attorney will have to do on your behalf, and again, the more money you will save in fees. When agreement can’t be reached, clearly your attorney will need to step in, but you may be able to resolve some day-to-day matters, for example who pays for car insurance or school fees, or how household goods and furnishings will be divided.
7) Don’t make big-ticket purchases or take on new debt. These items will make your finances harder to sort out if the time comes to divide things, and they could add to the debt load you have to assume at a point when your spending money is decreasing.
8) Make the most educated estimation possible of what it will cost you to live after the divorce, so you know what goals you want to meet in the financial negotiations and the divorce settlement.
9) If you don’t have any credit in your own name, you will need it when you are single again. Start getting a good credit rating by taking out a credit card, department store card or gas card. Use it only to the extent you can pay off in full every month.
10) In working with your family law attorney, if you can send a letter or e-mail when you want to communicate, rather than calling the attorney on the phone, it will help your attorney to work more efficiently, saving time and money. If the attorney has issues or questions given to her or him in writing, it takes less time to learn about the issue than if it is described over the telephone, it gives time for the attorney to think about and research a response, and thus makes the response more effective. Long, “story-telling” telephone conversations can raise billing hours unnecessarily. Use your attorney for legal counsel, and go to family and friends when you need to vent or get emotional reinforcements.
This general guide to putting your house in order before a possible divorce will not apply to every situation, nor be right for everyone, but it can help make a good start. Your family law attorney can assess what actions are best for you to take, and the more organized information you give the attorney, the better that assessment will be. Divorce is not something any of us choose to experience, but when it is unavoidable, do it smart and cooperatively and the pain will be proportionately minimized.
Article Source: http://EzineArticles.com/?expert=M_Wreford
Divorce And Family Law
Divorce is one aspect of family law. Family law deals with all the family related issues such as adoption, prenuptial agreements, marriage, divorce, separation, legal separation, annulment, division of the property accumulated during the marriage, alimony, negotiation, domestic violence, adjudication, child custody and support, child abduction, kidnapping or child seizure, emancipation, abuse in the marriage, parental rights, paternity, juvenile, felonies etc., and many such cases related to family. Other than this they also deal with regular cases relating to criminal laws, property related laws, probation law, trusts etc. However, majority of the cases that come to family lawyers are the divorce, separation, abuse or child custody cases. In simpler words, all the domestic litigation cases are filed under the family law.
Divorce is one aspect of family law and so is to be filed in the family law court. Many legal companies specialize in providing advice for family related issues, most common being separation, divorce and child custody and support. Approaching these companies would be advantageous in messy divorce cases. They would be able to handle with expertise all the aspects of divorce and afterward.
Lawyers and attorneys practicing family law are the best with more experience than qualifications. It is amazing how much documentation and negotiation is expected when taking care of a family related case. Along with this the lawyers must be able to support the party professionally, emotionally and morally all the while helping in separating the client from the spouse and in some instances from the children. Also, the lawyers dealing with the family law cases must be aware of the laws in that particular state as family law differs in each state. An experienced and qualified lawyer would be able to make a divorce case less painful and a lot quicker. Lawyers who are experienced in family law and handle all the necessary documentation for the same are also well versed in the divorce proceedings related documentation.
Family law attorneys charge the fee depending on the type of case. In case of divorce, the price can range depending on whether the parties have still some issues pending between them such as property division, child custody, support etc., Most attorney charge either an hourly fee or a flat rate after the case is filed and the court accepts the divorce. However, the best kind of attorneys charge by the hour as there would be less scope of getting fleeced later on after getting a big settlement or alimony from the spouse. These hourly rates can vary depending on the area or state where the case is to be held. Of course, a lawyer in New York, Beverly Hills or Los Angeles would be expected to charge a lot more than a lawyer from a small place in Iowa! Also, it is a usual practice for the attorneys to charge a retainer, as is the case with regular lawyers practicing in other fields of law. If unable to bear the retainer charges, the court can make the spouse bear the retainer charges when the court is requested for counsel fee pedente lite. Pedente lite is a court order for taking financial care of a low income spouse while court proceedings are ongoing.
Article Source: http://EzineArticles.com/?expert=Steve_Valentino
Divorce is one aspect of family law and so is to be filed in the family law court. Many legal companies specialize in providing advice for family related issues, most common being separation, divorce and child custody and support. Approaching these companies would be advantageous in messy divorce cases. They would be able to handle with expertise all the aspects of divorce and afterward.
Lawyers and attorneys practicing family law are the best with more experience than qualifications. It is amazing how much documentation and negotiation is expected when taking care of a family related case. Along with this the lawyers must be able to support the party professionally, emotionally and morally all the while helping in separating the client from the spouse and in some instances from the children. Also, the lawyers dealing with the family law cases must be aware of the laws in that particular state as family law differs in each state. An experienced and qualified lawyer would be able to make a divorce case less painful and a lot quicker. Lawyers who are experienced in family law and handle all the necessary documentation for the same are also well versed in the divorce proceedings related documentation.
Family law attorneys charge the fee depending on the type of case. In case of divorce, the price can range depending on whether the parties have still some issues pending between them such as property division, child custody, support etc., Most attorney charge either an hourly fee or a flat rate after the case is filed and the court accepts the divorce. However, the best kind of attorneys charge by the hour as there would be less scope of getting fleeced later on after getting a big settlement or alimony from the spouse. These hourly rates can vary depending on the area or state where the case is to be held. Of course, a lawyer in New York, Beverly Hills or Los Angeles would be expected to charge a lot more than a lawyer from a small place in Iowa! Also, it is a usual practice for the attorneys to charge a retainer, as is the case with regular lawyers practicing in other fields of law. If unable to bear the retainer charges, the court can make the spouse bear the retainer charges when the court is requested for counsel fee pedente lite. Pedente lite is a court order for taking financial care of a low income spouse while court proceedings are ongoing.
Article Source: http://EzineArticles.com/?expert=Steve_Valentino
Friday, August 10, 2007
Divorce Glossary
Here are some of the legal terms you should know during the divorce process.
By David M. Wildstein, Esq.
Case Information Statement (CIS)
A multi-page financial document that must be completed by each party, describing the details of income, expenses, assets and debts.
Certification
A sworn document describing facts of a particular issue, similar to an affidavit. A certification is filed with a Notice of Motion or in reply to a Notice of Motion brought by your spouse.
Deposition
Procedure during which an attorney questions a witness or a party to the divorce under oath and the questions and answers are transcribed by a court reporter.
Discovery
Exchange of information regarding all issues relevant to your divorce. The most frequently used forms of discovery are interrogatories and depositions.
Early Settlement Panel (ESP)
A conference at the Court House attended by you, your spouse, and both attorneys. The facts of your case are presented to a panel of family-law practitioners who volunteer their time to assist in the settlement of cases. These panelists consider the specific circumstances of your case and make a recommendation for settlement. While non-binding, this recommendation frequently helps the parties and their attorneys reach a settlement agreement.
Equitable Distribution
The statutory right to receive a fair distribution of assets acquired during the marriage.
Interrogatories
Written questions used as part of discovery which are answered and sworn to by each party.
Joint Custody
There are two aspects to joint custody:
Joint legal custody means that the parties share the rights and responsibilities for making decisions concerning the significant aspects of a child's life, including educational, medical, and religious issues.
Joint physical custody means that the child lives part of the time with each parent. The nature and extent of sharing of time may vary significantly.
It is not unusual for parents to have joint legal custody while one parent has sole or primary physical custody and the other has substantial time with a child.
Judgment of Divorce
A document that grants a divorce and reflects the CourtÕs decision following trial, resolving all issues such as alimony, support, custody, visitation and equitable distribution.
If the parties settle out of court, the Judgment of Divorce includes all the terms of the Settlement Agreement.
Notice of Motion
To obtain a court order for support, discovery, or other relief, either party may file a Notice of Motion with the Court. The Notice is supported by the certification of the party seeking the relief.
Most often, the Court permits attorneys to appear in court and make arguments on behalf of their clients on the return date of the motion. Clients may appear in court on motion days to observe the procedure but are rarely allowed to testify. Occasionally, the Court makes its decision solely by reading the papers submitted. After the decision is entered, one of the lawyers prepares an order that documents the judge's ruling.
Order
A document that reflects the Court's decision after hearing a Motion or Order to Show Cause.
Order to Show Cause
When emergency relief is sought from the Court, a party may file an Order to Show Cause. For example, a party might file an Order to Show Cause when there is an imminent threat that funds will be dissipated or that a child will be taken out of the State.
Trial
If the parties cannot resolve their differences, the parties and their witnesses testify and present evidence in open court, subject to interrogation by the other spouse's lawyer. At the conclusion of the trial, the Court renders a decision called a Judgment.
David M. Wildstein is a senior partner in Wilentz, Goldman & Spitzer, and Chair of the firm's Family Law Department. He has exclusively practiced family law for over 25 years, and he has been a member of several New Jersey Supreme Court Committees that have shaped the rules and procedures for family law in this State. He is the author of a helpful guidebook entitled Divorce and Child Custody: Frequently Asked Questions.
By David M. Wildstein, Esq.
Case Information Statement (CIS)
A multi-page financial document that must be completed by each party, describing the details of income, expenses, assets and debts.
Certification
A sworn document describing facts of a particular issue, similar to an affidavit. A certification is filed with a Notice of Motion or in reply to a Notice of Motion brought by your spouse.
Deposition
Procedure during which an attorney questions a witness or a party to the divorce under oath and the questions and answers are transcribed by a court reporter.
Discovery
Exchange of information regarding all issues relevant to your divorce. The most frequently used forms of discovery are interrogatories and depositions.
Early Settlement Panel (ESP)
A conference at the Court House attended by you, your spouse, and both attorneys. The facts of your case are presented to a panel of family-law practitioners who volunteer their time to assist in the settlement of cases. These panelists consider the specific circumstances of your case and make a recommendation for settlement. While non-binding, this recommendation frequently helps the parties and their attorneys reach a settlement agreement.
Equitable Distribution
The statutory right to receive a fair distribution of assets acquired during the marriage.
Interrogatories
Written questions used as part of discovery which are answered and sworn to by each party.
Joint Custody
There are two aspects to joint custody:
Joint legal custody means that the parties share the rights and responsibilities for making decisions concerning the significant aspects of a child's life, including educational, medical, and religious issues.
Joint physical custody means that the child lives part of the time with each parent. The nature and extent of sharing of time may vary significantly.
It is not unusual for parents to have joint legal custody while one parent has sole or primary physical custody and the other has substantial time with a child.
Judgment of Divorce
A document that grants a divorce and reflects the CourtÕs decision following trial, resolving all issues such as alimony, support, custody, visitation and equitable distribution.
If the parties settle out of court, the Judgment of Divorce includes all the terms of the Settlement Agreement.
Notice of Motion
To obtain a court order for support, discovery, or other relief, either party may file a Notice of Motion with the Court. The Notice is supported by the certification of the party seeking the relief.
Most often, the Court permits attorneys to appear in court and make arguments on behalf of their clients on the return date of the motion. Clients may appear in court on motion days to observe the procedure but are rarely allowed to testify. Occasionally, the Court makes its decision solely by reading the papers submitted. After the decision is entered, one of the lawyers prepares an order that documents the judge's ruling.
Order
A document that reflects the Court's decision after hearing a Motion or Order to Show Cause.
Order to Show Cause
When emergency relief is sought from the Court, a party may file an Order to Show Cause. For example, a party might file an Order to Show Cause when there is an imminent threat that funds will be dissipated or that a child will be taken out of the State.
Trial
If the parties cannot resolve their differences, the parties and their witnesses testify and present evidence in open court, subject to interrogation by the other spouse's lawyer. At the conclusion of the trial, the Court renders a decision called a Judgment.
David M. Wildstein is a senior partner in Wilentz, Goldman & Spitzer, and Chair of the firm's Family Law Department. He has exclusively practiced family law for over 25 years, and he has been a member of several New Jersey Supreme Court Committees that have shaped the rules and procedures for family law in this State. He is the author of a helpful guidebook entitled Divorce and Child Custody: Frequently Asked Questions.
Thursday, August 9, 2007
Agreeing To Part - The Uncontested Divorce
This is fast becoming the major trend in the UK. It is on the rise in the USA too, but not to the extent it is in this country. The picture is mixed in Europe, France being the country with the largest number of couples fighting their way to a highly contested court case and emotionally charged divorces. Does this mean that the British people are surpassing examples of matured and calm understanding when it comes to divorce? Not necessarily, but it does mean that law cases costs a fair bit here, and few are in the position to afford it. Uncontested divorces have become so very popular precisely because the very areas of conflict that are causing the divorce had been resolved as far as possible between the partners before they came to the court. When the areas of conflict are eliminated, there remains little left to do except finish the paperwork and formalities.
Advantages of Uncontested Divorces
There are several direct and indirect advantages of this form of divorce, which have been listed below:
- There is scope to cut costs in a major way. A court battle is not the only thing that requires expenditure, but a lot of money is wasted when a couple fights, and misses out on work, therefore, being unable to earn as they normally do. It is time that costs most, in very literal terms.
- The need to go to a lawyer and spend for it rises only when there are issues into which a lawyer needs to look into. The necessity of calling in a lawyer at all arises only when there are unresolved conflicts between the two parties. If both partners realise that dragging it out in painful and bitter detail will only hamper their work and empty their purses, then there is little need to fear for a situation when the expenses are spiralling out of control.
- Saving time is a major issue, not just where the lawyer or office working hours are concerned. The faster the two partners see reason and agree, they would be able to get the divorce process started. Even a slimmed down DIY will take a minimum number of days if a divorce is to be obtained according to the given laws of the land, where provision has been made for gaps between crucial stages not just to give some time to the court to prepare the papers, but also to let the couple think it over before taking the next step. If everything else except processing the papers is already done beforehand, it is possible to finish the divorce in exactly the minimum time as stated in the law books.
- The emotional toll on both parties is much less in the case of uncontested divorces. It is bad enough they need to part forever, but there is no need to make it worse by screaming and fighting and storming out at each other. At the end of the day, we are human beings, all of us have a bit of good and bad in us, yes, and even the man or woman with whom your partner is having an affair is not an entire villain. The most silently suffering spouse is not entirely saintly either. If we cooperate with each other on the grounds of common humanity, leaving some space for our frailties and some respect for our opinions, the world, maybe, not turn better, but it would be easier to sleep at night. The small mercies that we show each other at times of crisis are the true measures of our humanity. This is not poetry, it is plain hard common sense, and helps to save a few pounds too.
- It is definitely much easier on children if a divorce is uncontested. The greatest victim of the battle between a pair of adults is often the child who has no fault at all, but on whom both parties vent their frustrations. In the process, they scar an entire generation for life, and it is simply unfair. There is no way to justify the suffering of children for their parents’ follies. Our country is already full of unhappy kids; we don’t need to add to the number.
James Walsh is a freelance writer and copy editor. For more information on getting a Divorce see http://www.quickie-divorce.com
Article Source: http://EzineArticles.com/?expert=James_Walsh
http://EzineArticles.com/?Agreeing-To-Part---The-Uncontested-Divorce&id=662791
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