Why Divorce Is So Unfair for Children

Whatever the reason for a couple to divorce, the effects on children can be harmful.

Children love their parents equally and whatever the reasons for a husband and wife to want to end their marriage and go their separate ways, it can not be forgotten how this will impact and affect the children.

Children are hardly ever to blame for a marriage failing. And often they are the innocent victims who lives are completely changed because their parents have decided to split up.

If a marriage is ending because a one of the couple has been unfaithful, the children had no part in this and yet are expected to take sides and willingly accept that their parents will no longer be living together and that the family unit has broken up. Add to this the unimaginable thought of the children having to live with one parent and seeing the other parent on alternate weekends, and you can see how this would badly affect most children especially those who are very small and don’t understand what is going on around them.

Many parents fail to appreciate and understand that their children continue to be affected by this family breakup for many years to come.

Whilst the husband and wife have adapted to being separate, and possibly might have met other partners as time goes on, children still cling on to the hope that their parents might one day get back together again.

They don’t want to see a stranger in their father’s place or another woman with their father. These things can be disruptive especially for young minds and can cause resentment and loathing in children towards the parent who has wronged as well as to the new partners of both parents.

Studies also show that the effects of divorce on young children tend to lead to lower marks at school, mood swings and disruption in the lives of those children whose parents had divorced.

An Atlanta uncontested divorce is possible

Residents in the Atlanta area who are seeking or considering divorce may wish to consult with an Atlanta divorce lawyer. Often times, divorce can be a complicated issue and even an amicable divorce may quickly develop into a quagmire as both spouses seek to come to an agreement. However, with the assistance of an attorney, it may be possible to turn the tables and secure a favorable result.

Types of Divorce

Broadly speaking, there are two different kinds of divorce: no-fault divorce and at-fault divorce. In a no-fault divorce, there is no allegation or proof needed of fault on behalf of either party. However, specific rules apply to no-fault divorces, and a period of separation may well be required before seeking the divorce.

On the other hand, an at-fault divorce is where one party committed some act that is incompatible with marriage. The most common example is that of adultery, although grounds for an at-fault divorce may exist under any number of circumstances. To determine if it is possible to seek an at-fault divorce, a divorce lawyer in Atlanta can often help with assessing your legal options.

Uncontested Divorce

In many cases, the divorce may be the result of a mutual agreement between the spouses to dissolve the marriage. This is called an uncontested divorce, and it is often more cost effective and less stressful to go through than a confrontational divorce.

Typically, spouses are already in broad agreement about the terms of the divorce before consulting with an Atlanta divorce lawyer. An Atlanta uncontested divorce may thus be the best way to go, allowing the spouses to settle any remaining issues amicably as well as reducing any preexisting agreements to paper. If no dispute exists as to issues such as property division, child custody or spousal support, court involvement need only be minimal.

In Atlanta uncontested divorces, it is strongly advised to retain the assistance of an Atlanta divorce lawyer even the filing of an uncontested divorce may seem simple. In filing for a divorce and in writing the divorce agreement, it is important that any ambiguities be resolved before both spouses sign the applicable papers. Otherwise, they may have to return to court again in the future. Working with a divorce lawyer in Atlanta may thus be more cost effective in the long term.

Contact a lawyer today

If you are considering or seeking a divorce, it is often helpful to consult with an attorney from an Atlanta Divorce Law Firm to learn your rights and obligations. Moreover, the divorce process can often be complicated, and the judicial system has a language all its own that may seem confusing if not intimidating to those not well-versed in it. By working with an experienced attorney who has deep and extensive knowledge of divorce law, it may thus be possible to successfully navigate the court system with an aim toward securing a fair result. Moreover, in an uncontested divorce, a lawyer can help with ensuring that the resulting agreement is air-tight and will not cause legal troubles down the road.

The Khul’ Divorce in Egypt

Under the rules of divorce in Islamic sharia, a husband has the prerogative right to divorce his wife any time, any place, with or without any reason. Under certain conditions, the wife may request from the religious judge a judicial divorce in case of harm or maltreatment (darar), as stated by the Maliki School of jurisprudence.

Based on the wide interpretation of the Maliki School, the wife may seek divorce if she can convince the judge that she is suffering a harm from her husband, a provision that is not allowed by the Islamic Hanafi School of law.

In general terms, Islamic sharia allows the wife to seek divorce under the following conditions: (1) impotency; if the husband is unable to consummate the marriage; (2) his apostasy from Islam; (3) his imprisonment for a long period of time; and (4) if he contracts an incurable skin disease.

The additional harm as a cause for divorce in Maliki interpretation of sharia, allows the wife to bring evidence to the judge showing that the husband used systematic maltreatment, and is unable to provide maintenance to her.

Such provisions in Islamic sharia created hardship for thousands of women who were seeking divorce, but unable to prove the harm factor to the satisfaction of the judge. Women were unable to get out of their un-happy marriages because their husbands refused to consent to the divorce, and the judges were not persuaded with the evidence presented by the women. To remedy this situation, the Egyptian government enacted a law allowing judges to approve the divorce through a process known as Khul, or repudiation, without the consent of the husband.

Khul was practiced in early Islamic period; it allows the wife to obtain a final divorce by means of a financial settlement paid by her to the husband in compensation, without having to prove of harm or maltreatment. Frequently, under the terms of Khul, the wife is required to pay back all or part of the “mahr”, which is the amount of money or objects of value that the husband gave his wife when the marriage contract was signed. Also, she has to relinquish her right to the amount of “mahr” he promised to give her in the future. In addition, the husband must agree to the Khul. In other words, should the husband refuse to consent to the Khul, the wife will be unable to get divorce. Faced with that difficulty, the legislators in Egypt enacted a law in which the judge was given authority to separate the married couple based on Khul without the approval of the husband and without having to prove maltreatment.

On January 2000, former President, Hosni Mubarak of Egypt, issued in the Official Gazette [al-Jaridah al-Rassmiyyah] Law No.1, of 2000, granting women the right to file for a “no-fault” divorce (Khul) on the basis of “incompatibility,” without having to provide evidence of harm. Under the provisions of the new law, the wife may obtain a definitive judicial separation from her husband if she desires so; the only condition she has to satisfy is to forfeit her rights to alimony and her deferred “mahr” (muakhar) as well as repay her advanced “mahr” (muqaddam).

First section of Article 20 of the new law provides the following: “A married couple may mutually agree to separation (al-Khul); however, if they do not agree and the wife sues demanding it [i.e., the separation], and separates herself from her husband (khalaat zawjaha) by forfeiting all her financial legal rights, and restores to him the “mahr he gave to her, then the court is to divorce her from him (tatliqiha alayhi).”

Before the judge rules on Khul, he has to order the couple to undergo a process of reconciliation, and after asking two mediators [hukkam] to pursue conciliation efforts between them for a period that may not exceed three months; and after the wife decides explicitly [tuqarrir sarahatan] that she abhors living with her husband and there is no way to continue married life between them, and that she is afraid to transgress Gods limits of this abhorrence.

It is important to note here that while a woman is required to submit to burdensome and time-consuming court-ordered conciliation, men seeking divorce, on the other hand, are never required to make any efforts at reconciliation. The reconciliation process is rooted in the biased notion that women are not capable of making rational decisions on issues related to divorce. According to one prosecutor in Cairo, mediation was necessary because “a woman may be hasty in filing for a divorce and may not have a strong keenness in keeping the family together. The court has to play this role and intervene. Men are more wise and rationale than women. A womans emotions can overcome her rationality”. (See Divorced from Justice: womans unequal access to divorce in Egypt, Google eBook, p.28).

Section 3 of Article 20 states that the separation order of the judge is “an irrevocable divorce [talaq bain]”; and the courts decision is not subject to any form of appeal. Article 20 of the Egyptian law of 2000 does not accord legal weight to the husbands consent to the terms of Khul divorce. This is based on the Sunnah literature, embodied in the Islamic canonical collections of the sayings and deeds of the Prophet of Islam, and especially the collection of Sahih al-Bukhari, which contain an authenticated version of Muhammads handling of the Habiba separation case in which he ruled to separate her from her husband without asking the husbands permission.

Although Article 20 of the Egyptian Personal Status Law, which grants women the right of Khul is considered a significant accomplishment by womens rights activists, it is harmful to womens financial rights because the wife is forced to give up her mahr, alimony and other gifts provided by the husband during their marriage. Poor women, particularly in rural areas, suffer most of this financial loss.

DISCLAIMER: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.

An authorization to republish this article is hereby granted by the author provided that authors name is attached to the article.

Consult for divorce in Monmouth County NJ divorce

Divorce in NJ – Lessening its Impact

Divorce in New Jersey has consistently remained as one of the lowest divorce rates in the US. Despite the increasing rate of divorce in the US at 4.95 per 1,000 people in 2009, New Jersey has the second lowest rate. Nevertheless, the constant reality is that divorce does happen regardless of where you are, what you believe in, or in whatever income bracket you come from.

Since its institutionalization in our society, marriage is a covenant that is meant to be forever. This has been the context and content, legally and spiritually, of marital relationships that the state and even religious groups have established and upheld. It is founded on the tenet that the two shall become one and just like a fairy tale, the married couple shall lived happily ever after. These underlying principles of marriage are seen to make the impact of divorce hard on both parties.

The best divorce lawyers in New Jersey realize that couples who were married for a very long time, regardless of the reason for the breakup, there is always some degree of difficulty in the annulment process. A mixed feeling of loneliness, hatred, indifference, and regret becomes evident. It is even worse, when there are little children caught between the dissociating parents.

Thus, there is a need to know how the impact of the marriage split will be lessened so that the legal process will move smoothly in legal and psychological aspects. The divorce lawyers of both parties may proceed with the legal procedures and will not give attention to the prevailing sentiments and emotions among the spouses. However, the rate and manner of the proceedings will be affected when emotions are not kept at bay.

The competence of the lawyer who is dealing with the divorce process must not only cover the legal aspect of the work. He must be able to confront his client on the rationality of every action or reaction that he or she makes. By rationality, it means not only identifying the presenting emotions but also determining what is causing them. It would be very hard for the estranging couple to agree on divorce matters like child custody, partitioning of properties and assets, debts, and many more, when the situation is overwhelmed by raging and rejecting feelings.

When couples discuss the prospect of divorce as an option for a better way of life between them, it provides a sense of anticipation of the forthcoming split up and its possible impact on them. Of course, this must be done in a very sober atmosphere and both need to be conscious where the discussion would lead.

When couples have finally decided to go on separate ways and they are resolved to file divorce proceedings, knowing the marriage and divorce law in the state of their residence would come in handy. Gaining information about provisions on property division, estate evaluation, custody, prenuptial agreements, and other divorce-related issues, purports to better understanding of what they are getting into. It also prevents any speculation and unnecessary argument between the spouses on these subject matters because the law has specific provisions on these.

Divorce will always leave hurt and resentment to the parties involved. Taking steps to lessen it would help diminish its effect, preparing emotionally the husband and wife until they are legally divorced.

Alienation of Affection Laws

Alienation of affection is a term used to point to a tort action brought by a deserted spouse against an individual or a group of individuals who are held responsible for the failure of the marriage. A tort is a wrongful act which causes injury or loss to someone. Tort laws deal with such acts where a persons behaviour or act causes an unfair injury or loss to another person. A tort can be intentional or accidental, but not illegal. Tort laws allow victims of tort to recover their losses. Although alienation of affection law is considered outdated and prehistoric by many, there are lawsuits related that can be justified even today. This subject brings numerous legal issues and often brings up questions which cant be answered by the common man that Experts can answer. The top five queries related to alienation of affection are listed below that have been answered by the Experts:

In which states is alienation of affection law recognized?

Each of the United States has their own rules and regulations for this law. However, there are four states in the US, namely, Illinois, Mississippi, Utah and South Carolina that recognize alienation of affection laws.

Is it possible for someone to file a case under alienation of affection law in Maryland?

The state of Maryland has abolished the law, but allows petitions for divorces. Many states have different standards and not every state recognizes this law in general. Experts can answer state specific law questions.

Does the state of Illinois allow someone to sue for alienation of affection after being diagnosed with PTSD (Post Traumatic Stress Disorder) due to an affair?

Although IL recognizes it in some cases, the plaintiff must be able to prove conclusively that the defendants lack of affection was the prime cause of the affair or that PTSD was because of the alienation of affection that was caused by the affair from the spouse.

Can someone from a state which doesnt recognize alienation of affection laws file a case in a different state that recognizes the laws

A person can sue someone for alienation of affection only if the person being sued is a resident of a state that recognizes the laws. Apart from this, a person can also sue someone for any emotional distress caused by the person being sued.

Can a lawsuit be filed by someone in the state of Mississippi for alienation of affection after the divorce has been finalized?

It is possible for someone to be sued for even after the divorce. However, in the state of Mississippi, any lawsuit has to be filed within a time period of 3 years starting from the day on which the divorce was finalized.

Divorce attorneys mostly believe that the laws formed around alienation of affection should be abolished. However, there are certain trial lawyers who support such cases. Alienation of affection can range from employer/employee, parental alienation etc., to the biggest and most common form which is divorce-related. If you have any questions concerning alienation of affection laws www.justanswer.com/family-law.

Get The Best Divorce Lawyer In Adelaide

It’s stated that marriages occur in heaven. Nonetheless, they flip to hell on globe in sure unfortunate occasions. Moreover, the frequency of occurrence of this kind of incidents is rising a bitter reality these days. Nevertheless, maintaining the fact that marriage is often a holy institution, we should admit that there is no level in bearing the pain and sufferings when there may be no enjoy still left for the other person inside a marriage. Our divorce lawyers in Adelaide can allow you to take care of this kind of challenging scenarios.

There are instances in the marriage when a single realizes that he or she cannot go like this permanently and decides to fit an conclude to it. Divorce will not be an straightforward point. There are several psychological factors attached. It desires to generally be handled with utmost consideration and caution given that it truly is a sensitive concern.

Our lawyers know the gravity of this sort of troubles and hold the encounter of decades behind them. This enables them see items in a rational way and kind out the difficulties concerned. You’ll find a lot of difficulties concerned in a divorce such as little one custody, division of house, alimony etc

You would like to acquire a lawyer whom you can rely on and who will supply you with all the proper recommendation you wish at that time. This is specifically what it is possible to get from our lawyers. There might be disputes over the custody of baby and matrimonial house. You need to get very practical and consider sensible determination at that time.

The lawyers in Adelaide are the top whom it is possible to rely on and get expertise within the most snug and easier way. The last thing you desire when you will be below emotional strain is to end up trapped in legitimate complexities. We deal factors in this kind of a way that you can have minimum difficulty with any lawful matters concerned.

Nonetheless, it has for being admitted that it really is constantly far better if you are able to keep away from a divorce. We make an effort to talk with both the events and convince them in cases in which a reunion is feasible. Nevertheless, if a separation is unavoidable we help you allow it to be carried out with minimal hostility between functions and with the bare minimum appropriate fees.

Top Divorce Questions

Filing for divorce does not require justification in many states. However, divorce law varies from state to state, and that can make it daunting for most people. Most divorces are emotional and stressful experiences even without the legal complexities. Naturally, questions about divorce are among the most common on sites like JustAnswer. Below are a few of the most frequently asked divorce law questions. Is a lawyer necessary while filing for a divorce?
If both parties are in complete agreement, there may not be a need to retain a lawyer. In most cases though, disagreements and misunderstandings can start after the divorce. This can be because all aspects and implications of the divorce were not foreseen and addressed beforehand. Retaining a lawyer can help you address many of the issues that may come up in future. Also, divorce law can change from state to state, making it a practical and wise decision to retain a lawyer at the outset.

Can a spouse contest a no-fault divorce before it goes to court?
A no-fault divorce application can only be filed when both partners agree completely. Most states do not even require you to have a reason or “grounds” for divorce if both the partners are in agreement. When a divorce application is filed, regardless of whether it is a no-fault divorce application or not, it can be contested by either of the partners before the final divorce decree is signed.

What can you do if a respondent violates a court ordered divorce decree?
You can consider filing a petition for contempt of court. The petition would have to be filed at a court in the state where the divorce was granted. The severity of the violation and the law of the state will determine what legal action you can take against the violating respondent.

Filing international divorce
A divorce can be filed regardless of the geographical location of your spouse as long as you are a resident of the state where you file for the divorce. Once you file for a divorce, a summons would have to be served on your spouse. If you do not know the exact location of your spouse, you should ask a lawyer. There could be other recourse that a lawyer would be able to recommend depending on your exact situation.

Do you need to file for divorce in the same state that you have a prenuptial agreement in?
You should file for divorce in the state you currently reside in. Different states have different stipulations about how long you should have been a resident in the state before you can file for divorce. The courts in most states will recognize the pre-nuptial agreement from a different state, as long as it does not conflict with other local or state laws.

The legal procedures of filing for divorce can seem daunting and confusing at times. Depending on how well informed you are about the divorce law in your state; the process can either seem simple or very traumatic. Questions about your specific situation are bound to arise in most cases. At such times, you can ask a lawyer on JustAnswer and get quick answers specific to your situation and the laws in your state.

Checking the Divorce List Twice

Divorcing isnt easy. Handling the various details required for marriage dissolution in California is enough to send a person into panic.

Going for marriage dissolution is a tough decision, made even more difficult if there are children involved. Its a time for second guessing, worrying about the welfare of the kids, and about the future. Then there are all the details that need to be attended to in order to get marriage dissolution in California. The stress levels couldnt be higher. In situations like this, discuss your fears with your Orange County divorce attorney. Thats what they are there for; to guide you through the labyrinth of confusion that arises when divorce proceedings take over what was once a normal life.

In order to get a handle on some of the stress, one of the better ways to get mentally organized is to make a checklist; a divorce checklist. While this might sound like the last thing on earth you would want to do with the roof falling in on your head, it offers you the chance to clearly focus on what needs to be done, what is done and what is pending, as well as puts into focus what documents or information you will need to round up.

The other positive thing gained by using a divorce checklist is that it tends to prevent any surprises further down the road if both of the spouses are on the same page during their dissolution proceedings. While this may be a very upsetting thing to do, it will pay off in the long run when all the sticky issues that need to be taken care of are out in the open and ready to be discussed with some degree of equanimity.

A divorce checklist should also have an asset and debt inventory section that covers various items that need to be shown to the court. That usually includes marital debts for the couple and an accurate record of all marital property. The property may include bank loans, bank accounts, student loans, pension plans and retirement plans, IRAs, bonds, stocks, sporting goods, the marital home, jewelry, and the vehicles both spouses drive. If there are any questions on how to classify property or divide your debts, speak to your Orange County divorce attorney for clarification.

One of the hardest things to sort out for a divorce proceeding is the value of assets, and in most instances, a reasonable guess will suffice keeping in mind that you may also need to be able to prove the actual value of the asset at a later date. The value of the asset should also include details about when the item was purchased and which person will take possession of it. Splitting the debts should also be done in a similar manner. In other words, who incurred the debt, how much is owed and who is going to take the responsibility to repay it.

There are other questions that will need to be dealt with over the course of the dissolution proceedings, and if you stay in constant contact with your Orange County divorce attorney, the journey to divorce wont be quite as devastating or confusing.

Mediation in Divorce and Family Law Cases

WHAT IS MEDIATION?

In many states, mediation has gone from being an option to help resolve issues to a mandatory part of the court proceedings. That is particularly true in cases that involve divorce or custody disputes.

Mediation is called an alternative dispute resolution process. In short it provides you with an alternative to Court to create your own agreements and craft your own orders without submitting those matters to the Judge. This is often a preferred way to resolve disputes in a divorce. The alternative is to proceed to Court and allow a Judge, a complete stranger to you and your children, to hear a few short arguments and testimony and decide your fate. Often such orders may seem like pounding round pegs into square holes with out understanding fully the individual circumstances of the parties. Clearly that is in no one’s best interest and often leads to the long roller coaster ride through court with each party filing new motions year in and year out to change the rulings that the Judge has made.

By contrast, mediation teaches the parties to communicate and to work through their issues productively. In the process, the parties to work with a neutral expert to resolve their disputes in a way that works for them. A mediator is also known as a qualified neutral.

The mediator may be a lawyer, a therapist, a religious leader or other qualified individual. As part of the mediation process, the mediator will not provide either party with legal advice and, instead, will work with the parties on their communication skills to understand the other parties position.

Often mediators will encourage the parties to incorporate into the proceedings other experts to help them in the decision making process,. This may involve the use of appraisers to value a home, accountants and investment counselors to address financial aspects, or a parenting consultant to work through custody and parenting issues. By using one neutral expert, the parties may save thousand of dollars that would be spent for each party to hire their own expert only to remain at an impasse with different results.

WHAT TYPES OF DISPUTES CAN BE RESOLVED THRU MEDIATION?

Mediation can be a useful tool for almost any issue that you encounter in family court. Even the most acrimonious divorces can benefit from mediation by helping the parties resolve some, if not all of their disputes, thereby simplifying the issues to be resolved through the court process.

Mediation may resolve:

disputes between divorcing parties including custody issues, spousal maintenance and property issues;

paternity issues;

restraining order issues.

WHY SHOULD I MEDIATE?

1.Mediation is available any time both parties are willing to engage in the process, even if they are already involved in a contested court case;

2.Mediation is LESS EXPENSIVE than going to court with both parties to the dispute sharing the cost;

How to Come Out Of Your Divorce With the Best Overall Outcome

The proceedings can be a very difficult time in the lives of individuals that are going through it. Whether you are a man or woman, there many things that need to be taken into account as you are looking at all of the different things that you need to take into consideration. Divorce is never a fun time for anyone, and you need to make sure that you are properly handling the entire ordeal to the best of your ability. There are many things that need to be taken into consideration in order to help you to come out of the situation with a positive outcome, hopefully for both individuals, although there may be some conflicting interests that keep this from happening. A do other things that you can do in order to influence a positive outcome from your divorce proceedings include;

Lawyers For Legal Representation

The first thing that you need to do if you are going through a divorce, is to find lawyers that are going to be able to help you with your legal representation. There many things that need to be taken into account throughout the ordeal, and lawyers that are specially trained in this field, and knows how to handle a variety of situations that normally would be problematic for individuals to handle on their own. There are many things that you need to take into consideration when searching for a Dallas divorce lawyer, which is also encompassed by Dallas Business Lawyer firms as well. You need to make sure that your lawyers know what your goals are in the divorce, what you would like to keep, and what you are willing to part with if there is a settlement. The last thing that you want is for this to go to court, so reaching a settlement can definitely be something that will be in your best interests in the long run.

Compromise

Any divorce proceeding is going to require a little bit of compromise on your end. You need to make sure that you are not being greedy, and are willing to part with the possessions that are rightfully your spouses. Although the laws say that each divorce should be around 50-50 in terms of assets being split, you also need to take into consideration what was yours prior to the marriage, and what was theirs prior to it. Some marriages start with a prenuptial agreement as far as who keeps what assets in the likelihood of a divorce, and what assets are going to be off-limits to each individual. Some prenuptial agreements will have clauses in there that state if infidelity is a part of the divorce, that there are going to be a number of different things that they need to look at.

It it is important that you go into every divorce proceeding with a good idea what you are looking to get out of it, as well as what you are willing to part with. By being able to compromise, and having the appropriate legal representation, you are my going to have a much higher likelihood that you come out of it with a positive outcome.