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Bakhru's Articles in Divorce

  • California Divorce Law
    If you’ve just moved to the state of California and looking for a divorce, then according to the California divorce law you or your spouse must have been resident in the area for at least 6 months to apply. Otherwise you will be stopped at the first hurdle.

    However in the meantime, you may be able to apply for a Marital Separation Agreement. Even if you’re eligible to apply for a divorce and haven’t yet applied for a Marital Separation Agreement you may want to think about it, in particular if you have property, joint debts, or children.
  • Child Custody Laws
    Throughout each of the states in the US, child custody laws can vary. Most people think about child custody when filing for divorce, however the child custody laws applicable in the state you are resident can also affect children born out of wedlock.

    When I say that the child custody laws differ from state to state I’m not only taking into consideration who gets custody of the child or children, but also the child support laws and other laws such as those relating to parental rights.
  • Divorce Facts
    If you or your spouse are considering filing for divorce, there are some divorce facts that you should be aware of. No, I’m not just talking about the statistics around divorces that are regularly quoted in the media. Divorce facts also encompass items such as tax implications, and custody laws.

    Of course these laws will vary from state to state so I won’t be going into too much detail here, but just giving a brief heads up about some of the main divorce facts that would be a good idea to keep in mind both during as well as before and after the process.
  • Divorce In England
    Unlike some other countries, if you are applying for a divorce in England, you must be able to prove that your marriage has broken down beyond irretrievability by meeting at least one of the following five criteria. Adultery, unreasonable behavior of the other party, living apart for two years or more and the other party consents to the divorce, living apart for five years or more without consent of the other party, or desertion by the other party for at least two years.

    Divorce in England is also a two step process. The first step which is called the ‘Decree nisi’ is where the Court has found there to be adequate grounds for the divorce. The second and final step is the ‘Decree Absolute’. Once this has been granted by the Court, the divorce is irrevocable.
  • Divorce Laws
    Divorce Laws as with other laws can change from time to time. Therefore no matter which country or state you reside in, no matter how well you think you know the law, you should check that you are up to date with the latest divorce laws, in particular if you are planning to represent someone legally in this matter.

    The divorce laws can also vary tremendously, not only from country to country but also from state to state. This includes not only the reasons why you may file for divorce initially, but also items such as child support, financial settlement rules and property. Just looking at the divorce laws of the state of Alabama compared with the state of Georgia shows differences. For example, in Alabama, there are three main grounds for filing for divorce whilst in Georgia there is only one.
  • Divorce Papers
    Divorce papers form a very important part of your divorce. After all, they should at least contain information about the full financial as well as non-financial settlements of your divorce. As such, on receipt of your divorce papers, you should read them through very carefully and if you are in any doubt about their content or do not understand completely what has been included, I would recommend to consult a legal expert to be sure.

    Okay. I know what you’re thinking. To consult a legal expert may be an initial expense that seems not worth it. But in the long run, the expense now can save you a lot of money, as well as guarantee your future.
  • Divorce Rates
    Regularly in the media you hear news about divorce rates, along with the most common items that contribute to divorce. But what is the actual truth. Are the divorce rates increasing or decreasing, and what are the most common factors contributing to divorce?

    Many people believe that divorce rates are not as high as that communicated by the media. In fact, some professors believe that since around 1980, the divorce rate has in fact stabilized. However this is difficult to prove as since 1996, accurate statistical data stopped being collected. In fact most of the information and statistics about divorce rates now comes from polls rather than accurate data.
  • Divorce Record
    If you are interested in tracing your family tree, you’ve probably looked into the marriage, birth and death certificate archives already. But have you also considered looking at the divorce record archives?

    A divorce record is really just a copy of the divorce papers that need to be filed when you apply for divorce. All the papers are filed according to state law and can be accessed at a later date if you so wish, the same as for marriage certificates. Similar to marriage certificates a divorce record can provide you with a greater insight into your family tree.
  • Divorce Rights
    The divorce rights of each main party involved in a divorce have always fluctuated throughout history, and still continue to do so today. Initially divorce rights were based on common law with one party having to be at fault in order for the divorce to be legalized. The party at fault was subsequently punished heavily as divorce was usually filed under a cause such as abuse or adultery.

    With the changes in divorce rights over the years, it is now possible to file for a ‘no-fault’ divorce in most states. As such the rights of each party can be complex to determine, and often both sides involved hire a trained professional in order to ensure that their rights are protected.
  • Divorce Separation
    If you search for the term ‘divorce separation’ on the internet then you will find a lot of information about both of these topics. It is a sad fact of society today that more people are seeking either divorce or separation from their spouse, which is perhaps why there is so much information available.

    Whilst most people believe that if you are separated this will always lead eventually to divorce, this is not necessarily the case. Although it does have to be said that it is true in the majority of situations. A separation is a non legal-binding trial end to a relationship. As such it is seen as a temporary step to allow you or your spouse a bit of freedom to get sorted out and their life back into order. After a period of being apart - normally around 4 - 6 months - both parties may try living together again to see how things work out.
  • Florida Divorce Laws
    Before filing for a divorce in the state of Florida, it is useful for you to be aware of at least the basics of the Florida divorce laws. For example, if either you or your spouse have not been resident in the state for at least six months, your petition for divorce will fall at the first hurdle.

    According to Florida divorce laws there are two main grounds for filing for divorce. Either the marriage is irretrievably broken, or there is proof of mental incapacity for one of the parties. However, like with other states, divorce laws in Florida are subject to change so if you are thinking about filing for divorce you should ascertain that you first have accurate, up to date information before embarking on the process.
  • Free Divorce Forms
    If you have decided to apply for divorce and have been carrying out some research over the internet, you have probably seen all the sites offering free divorce forms. When it comes down to it though, divorce forms are rarely free.

    What the sites offer you is the ability to be able to complete your divorce using their forms that you can buy at a low cost, so saving you in the process the cost of the expensive fees that a trained professional would charge.
  • Georgia Divorce Laws
    Georgia divorce laws support two grounds for filing for divorce - no-fault based grounds and fault based grounds. However regardless of the grounds for filing the divorce, testimonies or proof must be provided to the court to substantiate the reason, otherwise the court may throw the divorce petition out.

    If children are involved in the divorce proceedings, the Georgia divorce laws take a somewhat different view when compared to laws of other states. For example, if the child is still a minor and yet aged 14 or above, the child has the right to choose with which parent s/he wants to live. The only reason why a court would overturn the child’s decision is if the parent is deemed unfit to take custody.
  • Illinois Divorce Laws
    Under Illinois Divorce laws, if you are considering to apply for divorce then you must first meet the residency laws of the state. If not, then you should not consider applying. If you do meet the residency laws and decide to file for divorce, then you have to state the grounds for your divorce in the divorce petition.

    Illinois Divorce laws recognize two main grounds for divorce - no-fault and fault related. Within these main grounds for divorce there are various reasons listed which help you to select the appropriate grounds relevant for your divorce.
  • Ohio Divorce Laws
    The Ohio divorce laws are in general similar to the divorce laws of most other states in the fact that you can cite grounds for a fault as well as a no fault divorce in your petition.

    However, when it comes to the residency laws under which you are entitled to file your divorce petition, the Ohio laws are slightly different. Most states allow you to file for divorce in either the state where you or your spouse are living. According to Ohio divorce laws though, the person who files for divorce must have been resident in Ohio for a period of time before filing the petition.
  • No Fault Divorce
    When you decide to file for divorce it is necessary to state the grounds on which you base your application. A no fault divorce is one of the common grounds for failure of the marital relationship that is cited in the petition.

    In reality, a no fault divorce is probably a more humane ground to cite since it implies that neither party is to blame for the failure of the marriage. The two parties have just grown apart. In other words there are irreconcilable differences. There has been no adultery, abuse, mental illness or other such item that has caused the breakdown of the marriage.
  • Online Divorce
    If someone asks you what you think about online divorce what would you reply. Yes it does make divorce easier in some ways, but is this a good thing? Maybe you’re not even sure what the term means, so let’s begin there so that we all have the same knowledge.

    Basically online divorce doesn’t get around the fact that you may need to make a court appearance in order to make your divorce from your spouse final. What it means is that you are able to complete your divorce documents online from the comfort of your own home or office. Once they are completed you can print them and file them in court.
  • Reasons For Divorce
    Generally there are two main reasons for divorce that can be cited in court - a divorce on fault grounds or a no fault based divorce. However, what is more interesting to research is the actual underlying reasons why a couple chooses to file for divorce.

    The reasons for divorce in a fault based divorce are somewhat more tangible. As there has to be evidence produced in court to back up a fault based divorce, there can be little doubt what the underlying reason is.
  • Texas Divorce Laws
    The Texas divorce laws do not differ greatly from the divorce laws in other states. Under the law there are two main grounds for divorce that are recognized - fault based and no fault based.

    However, before you file for divorce under the Texas divorce laws you do, as with most other states, need to meet the residency rules in order for your petition to be considered and pass the first hurdle. According to Texas law, either you or your spouse must have been a resident of Texas for at least six months.

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