What are the Legal Grounds for Divorce?

Like so many areas of law, the legal grounds for divorce can vary from state to state.

While there are many reasons why couples who vowed to stay together in sickness and in health, for richer and for poorer... decide to end their marriage, the law acknowledges only certain legal grounds for divorce.  Some of the grounds for divorce, again depending on the jurisdiction, may include:

• Unreasonable behavior – mental disorders, harassment, bullying, violent tendencies or cruelty, and abuse.  That a person has behaved in such a way that their partner/spouse cannot reasonably be expected to live with them.
• Adultery or infidelity – one or both spouses committed adultery and forgiveness or giving another chance is not an option.
• Criminal conviction and/or imprisonment.
  
• Dissertation – one spouse has left and lost contact for over 5 years and not showing any sign or intention of going back home.
• Separation with consent – couples that agreed to live separately for two years or more and consider their relationship as over and done.
• Separation without consent – a couple living separately for five years or more.
• Mental incapacity at time of marriage.
• Mental or physical abuse

Check your state laws to be sure, but these are the most common grounds for divorce across various states.

No-fault divorces are more common and are typically faster and simpler forms of divorce proceedings. Since there is no burden of proof, the proceedings and/or trials tend to be quicker and less expensive than their counterparts.

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Enforcing a Child Support Order

When it comes to child support enforcement, many parents don't know where to turn to get the issue resolved.  All states have child support services that may assist with collecting back child support. However, this bureaucratic and often confusing process can often take several months or years, and often with no success.  When a delay happens, parents can get discourage and ultimately not follow through the trying to enforce child support.  Unfortunately, such inaction will be to the detriment of their child(ren).

Another option available to the custodial parent who receives child support is to go through the courts. Rather than waiting for the child support agency to take action, a parent can be proactive by petitioning the court to enforce the order and hold the obligor parent (the one who has been ordered to pay child support) in contempt for violation of the child support order. This process is generally much faster and more effective. 

Often, the parent who is not receiving the child support may be having financial difficulties limiting his or her ability to get legal help from an attorney, which can cost thousands of dollars. Fortunately, there are alternatives. 

A common solution is to do-it-yourself, however this may be difficult for some. However, utilizing the benefits of a credible family law help resource, it actually can be quite simple.

Another affordable alternative is to use a legal document preparation company. Fair warning: only use a company that is owned and operated by attorneys. If the company is not owned and operated by attorneys, they may be committing the unauthorized practice of law. In addition, you will not be getting the quality of service for which you think you are paying for your child support help.

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Affordable Family Law Help

The reality is, most people cannot afford to spend thousands of dollars to retain an attorney when they have a child custody, child support, paternity or other family law case.  To make matters worse, sometimes these issues come up several times while your child(ren) are minors.  To spend thousands of dollars every time on a family law lawyer is even more unrealistic.

Fortunately, there are professional legal help options.  Some services, such as FamilyLawInsider.com from The Attorney Connection, provide a solution for any budget.  Get access to thousands of family law documents and forms, for all 50 states, and get access to attorney support.  

Statistically, over 70% of people represent themselves in family law cases.  With Family Law Insider, you can get professional legal help from experienced family law attorneys so that you are not doing it entirely on your own, and still save thousands of dollars.

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How to Get a Copy of a Court Order?

 

Too often, a parent needs to take legal action on a custody or child support issue, but does not have a copy of the most recent court order.  If you do not have a copy of the order(s), you can contact the court (or Child Support Agency, where applicable) that issued the order(s) and request that they send you a copy.  

 

Typically, it involved calling the court clerk's office, and letting them know you would like to request a copy of your child custody order or child support order.  They can then tell you what the copying fee will be, and usually will tell you to mail a request, with the check and a self-addressed stamped envelope, so that they can return it to you with a copy of the court order.

 

You should always keep a copy of any existing orders for your records.   This is important so that you know, and and can protect, your legal rights.  

 

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TIPS FOR REPRESENTING YOURSELF IN FAMILY LAW MATTERS

TIPS FOR REPRESENTING YOURSELF IN FAMILY LAW MATTERS

Although you have an absolute right to represent yourself, there are significant risks and
responsibilities which go along with that right. It is important that you carefully examine the risks
at every stage of the court process to determine if you are able to go forward without an attorney.  If you cannot afford to retain an attorney, you should also look into getting some type of more affordable, limited scope type help from a family law attorney.

1.  Keep all of your legal papers organized and in one place.
2. ‚ Keep track of important dates in your case, such as filing deadlines, response deadlines,confirmation times, hearing dates and trial dates.
3. Preparing Your Forms.  Family Law Forms for Court Pleadings usually are available at the Clerk’s Office or on the Court's website.
4. If there is one in he County in which your case is being heard, it is a good idea to review all pleadings with the Courthouse Facilitator before going forward to make sure you have the right forms.
5. File your documents with the Court and have the other party(s) properly served with the documents (generally you can have the local sheriff serve them).
6. Get a Hearing date.
7. Dress professionally for Court.
8. Arrive early to Court.
9. When your case is called, you walk forward to the Bar, behind which are sitting the Clerk and Judge. You can put your papers and notes on top of the Bar or Counsel Table.
10.  Speak only to the Judge and not to the other party. Unless you have a legal objection, do not interrupt the other side.  Keep your argument simple and relevant to the issues.  Tell the Judge what you want and why you want it.  If necessary, counter any arguments brought up by the other party.
11. Conclude with a summary of what you want.
12. If you are the one seeking an Order of the Court, have a proposed Order with you so that the Judge’s ruling can be set out in writing and filed promptly. 

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What is the Putative Father Registry?

The Putative Father Registry records the names and addresses of fathers (or men who believe they are fathers) of children born outside  of marriage.
 
Why should a father put his name on the Putative Father Registry?
The Putative Father Registry allows a man to “officially” claim he is the father of a child. A man may want to do this before paternity is legally established if he can’t find the child’s mother or if the mother doesn’t want to establish paternity for the child.
 
The Putative Father Registry is used in adoption proceedings to identify the child’s father, and promptly secure his consent to proceed with the adoption. A man who is concerned that his child may be adopted without his consent should place his name on the Putative Father Registry before the child’s birth or within a certain amount days (depending on the state) of the child’s birth in order to be notified of an adoption proceeding for the child. Failure to file in a timely manner shall waive a man’s right to withhold consent to an adoption proceeding unless certain factor(s) exist.
 
Notice of Intent to Claim Paternity
A man’s name is added to the Putative Father Registry when a court order is entered saying he is the legal father. A man can also add his name to the Putative Father Registry by filing a Notice of Intent to Claim Paternity or Acknowledgment of Paternity (or similar document) with the Bureau of Vital Records (or similar department).  Filing this notice does not establish legal paternity, but it does create an official record of the man’s claim to be the father of a child. The man’s name is not added to the child’s birth certificate. A man should contact the Bureau of Vital Records (or equivalent department) if he wants to add his name to the registry.
 
A person filing a Notice of Intent to Claim Paternity of a child shall notify the registry of any change of address.
 
Who should register?
A man who is not married to a child’s mother may acknowledge paternity by completing the Notice of Intent to Claim Paternity. The completed form must be notarized and mailed to the Putative Father Registry.
 
A person who has filed a Notice of Intent to Claim Paternity sometimes may be able to revoke a Notice of Intent to Claim Paternity by submitting a rescission to the Bureau of Vital Records (or equivalent department).
 
An un-revoked Notice of Intent to Claim Paternity of a child may be introduced in evidence by any party, other than the person who filed such notice, in any proceeding in which such fact may be relevant.
 
Voluntary acknowledgement of paternity
Parents can voluntarily establish paternity for their child by completing an Affidavit Acknowledging Paternity any time after their child’s birth. When both parents properly complete and sign this affidavit, the man’s name can be added to the child’s birth certificate and the man becomes the legal father of the child. This affidavit can have the same effect as a court order establishing paternity (in most jurisdictions) and can be used as a basis for entering a child support order.

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