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Serving Your Divorce Papers

Posted on : June 15th, 2008 by Sally No Comments

Divorce is a difficult time for any couple, with emotions running high and often an unpleasant undertone. Serving your divorce papers is often seen as a final symbolic statement of the death of the marriage, and if it hadn?t hit home until that point that your marriage has ended, the divorce papers will achieve that realisation. Thus serving divorce papers is often a traumatic, but nevertheless essential practice in bringing the marriage to its legal conclusion. But when should you serve your divorce papers, and how does the process of serving work?

Serving your divorce papers isn?t a decision to take lightly, and it is an important legal process. However, because of its final nature, it?s important to time your delivery. Make sure there are no means to negotiation remaining with your former partner, and that there is no room for reconciliation except through the legal process. Serve the papers when you are sure you have exhausted all other avenues available, and when you are convinced it is the only available next step.

The process of serving divorce papers requires some form of acceptance from your spouse, which is usually in the form of a signature through accepted delivery. The deliver is usually conducted by the postal service, recorded delivery to provide proof that the petition was received by the spouse. The divorce papers themselves detail the legal case for divorce and the request made to the court ? in this case, that the marriage be legally nullified.

Prior to serving divorce papers, it is essential to get in touch with an attorney qualified and experienced in dealing with divorce issues, which will ensure you adhere to all the procedural requirements of filing for divorce. Likewise, your attorney will be able to advise you as to the best way to complete and serve the relevant paperwork, and how to proceed with your case in court. While you will have to pay professional rates for their services, it is worthwhile to secure a strong lawyer in your field, with a view to settling on the best possible financial deal as a result of your divorce proceedings.

Child and Family Law Issues Arising From Divorce

Posted on : February 10th, 2008 by Sally No Comments

Walking away from a marriage doesn’t allow you to walk away from your other obligations: to your former spouse, and to your children. Families are viewed as cooperative units in a legal sense – the mother and father work together to provide and raise the children. Whether that entails one person in full time paid employment and the other on childcare duties, or a rotation of both, the long lasting impacts of divorce on the family situation require special legal remedies and particular circumstantial provisions.

Most people believe that the process of divorce severs all ties with their former spouse. But did you know that many jurisdictions impose a discretionary alimentary allowance? That is to say, where on spouse has formerly been dependent on the income and financial support of the other, the divorce shall not prejudice his or her position by denying the right to an alimentary allowance from the spouse. The remedy? A discretionary periodical payment from the former bread winner – even after divorce.

Divorce Checklist #1 –

Were you the bread winner? Did your spouse have no employment of his or her own? >>> You may owe an alimentary obligation, at the discretion of the court depending on your jurisdiction

Likewise your kids are still your responsibility – even after the dust has settled on your marriage. Depending on your income the amount you will be required to pay will vary. As a rule, most jurisdictions work on either roughly 20% of your income or a fixed amount payable per child over a certain earnings threshold. If your child is under 16, 18 or 21 depending on jurisdiction, you might also have to pay up for their upkeep.

Divorce Checklist #2 –

Did you have children with your former spouse? Are they still under 16, 18 or 21 depending on jurisdiction? You may be liable to pay for the upkeep of your child/children, variable up to as much as 20% of your salary in certain areas. Consult your attorney for more details on your potential obligations.

However, remember that both spouses will usually have a right to maintain contact with their children following divorce, which can be forced through the courts if necessary. If you do choose the legal route for your access, however, make sure intimation of proceedings to the child is dispensed with as part of the legal craving to avoid any ill feeling or damage to your paternal or maternal bond.

Divorce Papers: Sending And Receiving

Posted on : February 10th, 2008 by Sally No Comments

Divorce is a court matter. It’s the judicial separation and dissolution of a legally binding marriage and without it neither party can have the matrimonial contract set aside. Unfortunately it’s often an emotional time too, and feelings don’t tend to mix well with the law.

Sending and receiving divorce papers isn’t pleasant, but it’s got to be done. Usually with the help of an attorney you’ll file the case for divorce which is rarely heard before a judge and is rarely disputed apart from the financial element. In fact, the serving of documents is much more of a formality than some people make out, although it is still important to make sure you understand what you’re doing and the gravity of your decision.

Sending Divorce Papers

Sending divorce papers to your former spouse isn’t usually something that can be done alone. Your attorney will be knowledgeable about the procedures for divorce processes in your local area and will be best placed to advise you on how to proceed. Make sure that before you send the papers you are happy with your decision to go through with divorce and that you are satisfied that your marriage has broken down – this is usually seen as the point of no return.

Receiving Divorce Papers

You don’t need an attorney to receive divorce papers, although if you’ve not already spoken to a solicitor by the time the papers are served upon you it might be best to make an appointment. More often than not you’ll be asked to sign for the papers upon arrival, as a means of ensuring there is evidence of your receipt. Take your time to read through the details, including the grounds for divorce. Most of the time, this won’t be contested and will be something of a general ‘break down’ clause, which alleges no blame. However it’s important to make sure you understand the content of the papers to be sure you’re not getting the raw end of the deal.

Keep in mind the feelings of your partner and try not to get spiteful when exchanging the papers. Whilst it’s a difficult time for you both, the legal side needs to be taken care of so you can both move on and cooperation with the process really helps speed things along to resolution, which is undoubtedly best for both you and your former partner.

Archive for the ‘Law’ Category

Serving Your Divorce Papers

Child and Family Law Issues Arising From Divorce

Divorce Papers: Sending And Receiving

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