Divorce
Marlena asked:


My brother is married to a woman in Pennsylvania and he is stationed in Kentucky. He just got the papers in the mail a few days ago stating that the divorce was taking affect. He didn’t have to sign anything or send them back. Can anyone tell me how long it will be until the divorce is final or what he could do to speed it up?

EDMUND
Divorce
Sydney G asked:


I have a legal separation from the courts, but now want a final divorce. What do I need to do?

ROBBIE
Divorce
Kalman Heller asked:


Elizabeth Marquardt presented her book, “Between Two Worlds” (Crown Publishers, 2005), as based on groundbreaking research that provides new insights to the true impact of divorce on children. Her key conclusions are that there is no such thing as a “good divorce”, that 75% of all divorces are from “low-conflict” marriages where parents should choose to stay together, and that divorce creates enduring, harmful effects because it forces the children to navigate the separate worlds of their parents. This allegedly leaves children feeling alone, spiritually, morally, and religiously lost.

As a psychologist who has worked with children and families for forty years, my reading of this book led me to conclude that Ms. Marquardt’s research was quite flawed and that she appeared to selectively choose results to support her hypotheses while ignoring data that challenged her main points. Despite being quickly ordained by the media as providing strong evidence that divorce really is harmful to children and that it creates a lasting anguish in their lives, I do not believe the book actually makes such a case. In fact, I believe the book shows there is such a thing as a better divorce and that staying together for the sake of the children does not result in better outcomes for the adult children of these families.

The author’s view:

Ms. Marquardt is emphatic in her belief that the majority of divorces are unnecessary. She blames this partly on the myth of the “good divorce” (”good” in this case meaning having little negative impact on the children) as the basis for those 75% of divorced couples whose marriage is defined as having been “low conflict” (essentially any divorce not based on a substantially abusive situation). The author states that parents in unhappy, low conflict marriages should have the resolve to stick it out, work harder on solving their problems, or just delay divorce until the children leave home. The latter is the familiar plea to “stay-together-for-the-sake-of-the-children.”

This is what I describe as the dishonest marriage vs. the good divorce debate. Ms. Marquardt claims the myth of the good divorce is dishonest to the children and that it fails to appreciate their pain. But I think that making believe a marriage is okay until the children leave is a least equally dishonest.

Unless someone can prove that divorce is inevitably seriously harmful to most children, who has the right to tell married adults that they don’t have a choice but to stay in an unhappy marriage? Ms. Marquardt appears to feel she has the right to do that. So her data must be compelling. Let us take a close look.

Examination of the data:

Ms. Marquardt contends that “We [children of divorce] might look fine to everyone else, but talk to us about our inner lives and you will find, just beneath the surface, a potent mixture of loss and confusion that haunts [emphasis mine] us to this day.” (p.39)This very powerful statement of the destructive impact of divorce, in my opinion, is not based on the data but on the author’s personal experience and the stories from the college students she interviewed in the first phase of the research (to create the questions for the survey). She refers to the latter as “profound and moving stories of confusion, isolation, and suffering.”(p.32)

Such a negative view is especially striking given that the author describes her current life in rather glowing terms: a wonderful marriage and family and a very rewarding career. She indicated this is also true for many of the people she interviewed. But, in response to the question, “How satisfied are you with your life as a whole?” 94.9% of the adults from divorced families gave a positive response compared to 97.6% of the adults from intact families. Not only does this fail to make the case for a significant difference, it appears to indicate that most of the adults from divorced families in this study are not suffering to the significant degree that the author claims.

The book is entitled “Between Two Worlds” because Ms. Marquardt contends that there is a harmful impact, emotionally, morally, and spiritually, from having to move back and forth between the homes of their parents. It is this issue of living in two different worlds, with different rules and complex boundaries, which the author stresses as the cause of most of divorce’s destructive impact on children. I am not minimizing the traumatic impact that divorce has on everyone involved but I am going to select results from the vast array of Marquardt’s data that does not appear to support a number of the author’s contentions about this issue.

Ms. Marquardt concludes that divorce generates a sense of moral confusion in the children due to the lack of a unified parental guidance (the result of living in two homes) as well as the negative impact divorce has on children’s spiritual development and religious involvement. Yet, in response to the survey item, “I think my understanding of right and wrong is cloudy.”, there was virtually no difference in the responses by adults from divorced families and those from intact families. In fact, more than 95% of both groups indicated no moral “cloudiness” at all! Thus, one central hypothesis, that being from a divorced family undermines moral clarity, does not appear to be supported by the data.

Another aspect of the sense of being lost and confused that Ms. Marquardt contends to be the outcome of growing up in a divorced family is that it results in a sense of no home rather than a sense of two homes. Yet in response to the question, “After the divorce, which place felt like home to you?”, 93% responded that they either felt like one parent’s house, or both, felt like home. So this hypothesis of “no home” is also not supported by the data.

Nearly half the questions on the survey relate to religion and spirituality, which makes sense since this was a research project on the “Moral and Spiritual Lives of Children of Divorce.” But the data doesn’t Ms. Marquardt’s contention that divorce has a negative impact on the religious aspects of the lives of children from divorced families. A significant percentage of the adults from divorced families rated themselves as more religious than their fathers (47%) and mothers (31.4%). Perhaps even more striking is that 79.1% of those adults describe God as caring (versus 82.3% from intact family group) and 78.8% describe God as loving them unconditionally (versus 79.7% from the intact group). Thus the data does not support the idea that divorce results in the children becoming less religious adults.

Now comes the real stunner. In response to the statement, “My spirituality has been strengthened by adversity in my life.” 43.7% of the adults from divorced families strongly agree! If you add in” Somewhat Agree” (30.5%), the message is that nearly three-fourths of adults whose parents divorced describe their spirituality as having been strengthened! This data is so powerful that the author does report it in the text (p.153) in a one sentence comment yet says nothing about the incredible implications of this exceptional statement of spiritual resilience. Why? Where does it come from? Perhaps this is a critical factor in understanding why most of the children from divorced families turn out okay. It deserves discussion and a recommendation for further research, but the author virtually ignores it. I see this as a particularly strong example of the author’s anti-divorce bias.

Thus the author’s own data does not appear to support her conclusions that adults from divorced families are emotionally distraught, morally lost, less spiritual and less religious than adults from intact families.

These more positive results around spirituality, religion, feeling understood and having a home are very consistent with the research by Dr. Mavis Hetherington. Her research is longitudinal, not retrospective. She has followed hundreds of families of divorce, many for as long as three decades, periodically re-evaluating the impact of divorce on children and their parents. Data obtained at each stage of life is much more compelling than data obtained in a retrospective survey. Also, the research was extensively published in peer-reviewed professional journals over a period of years before the author summarized her findings in a book. Dr. Heatherington concludes that 75% of the children from divorce do not develop any serious psychological problems (compared to about 90% of the non-divorced groups). In addition, she reports that six years post-divorce most children have adjusted to the changes in their lives imposed by their parents’ divorce and are more concerned with typical developmental issues in their daily lives. This is in stark contrast to Ms. Marquardt’s much more negative conclusions but is consistent with the positive results of her own data that she chooses to ignore.

Finally, I want to address what in many ways is the true core issue of this book, that there is no such thing as a “good” divorce and that it is better for parents to stay married even if there is conflict (low as opposed to high).

Appendix A presents the results of 33 questions for the five subject groups (the identifiers refer to the parents of the adults interviewed). Three subgroups are from Intact Marriages: Very Happy/Low Conflict; Not Happy/Low Conflict; Not Happy/High Conflict. The final two groups are from Divorced Marriages: “Good Divorce” and “Bad” Divorce. The data clearly shows that children/adults are very negatively impacted by high conflict divorces (scores are nearly all far worse than any other category) and that children/adults from happy, intact marriages have the best lives. I’m sure most everyone knew this without reading the book.

But it is critical to emphasize that on 29 of the 33 statements summarized in Appendix A, the “Good Divorce” group has more positive results than the “Bad Divorce” group and the majority of those differences are quite substantial. What this implies very clearly is that what is being done to teach parents how to divorce in a more child-sensitive way is actually helpful. Children of these “Good Divorces” end up in a much more positive place, suggesting all those books, workshops, and therapies which the author belittles as creating a false myth that the “good divorce” may have real value.

What does the data say about the author’s primary thesis that it is better for parents who are in unhappy, low-conflict marriages to stay married rather than try to have a “Good Divorce”? Most dramatically, on what I consider the two most critical statements, the results strongly suggest a more positive outcome for the “Good Divorce” group! 57.1% of the adults from that group describe themselves as “very happy” compared to 47.8% from the unhappy marriage, low conflict group. Similarly, 62.3% of the adults from the “Good Divorce” group describe themselves as “very satisfied with life as whole.” compared to 56.2% from the unhappy marriage, low conflict group. In the face of just these two items, how can the author conclude that it is better for unhappy, low conflict couples, after having tried their best to resolve their differences, to stay together instead of working out a healthier divorce?

I am not trying to deny that there is nothing to be gained from low conflict couples trying to work out their problems and stay together. The main point here is that I do not believe the author has the data to make her case that when these unhappy, low conflict couples decide to divorce they are being selfish, putting their own needs ahead of their children’s needs, and condemning their children to a life of profound confusion, isolation, and suffering. Such a contemptuous attitude toward couples who choose to divorce is not disserved.



MERVIN

Vallejo Divorce Mediation

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Divorce
Charles Shaw asked:


Vallejo divorce mediation is a civil way to get divorced. Vallejo Divorce Mediation relatively inexpensive, painless and quick. I’m not going to lie to you and tell you that it’s free and painless. But you can have it done in a day and it will only cost you a few hundred bucks. Considering the cost of a contested divorce, it’s a good idea (if you and your spouse are still on speaking terms). In Vallejo, divorce mediation and other types of Alternative Dispute Resolution, are growing in popularity. And for good reason I think. Who want’s to give lawyers tens of thousands of dollars?

Generally, Vallejo divorce mediation is between you, your spouce and a neutral third party. Here’s what happens:

- You and your spouse give your offer for resolving the dispute to an appointed or agreed upon third party.

- This person is usually an attorney with many years experience in family law.

- She will decide the outcome of the dispute for the parties in lieu of court action.

There might be a bit of yelling between you and your spouse, but for the most part, it’s all pretty civil. Courts like it to. They find that the solution that you and your partner work out is better than the one that they decide on. So go on, talk to a Vallejo divorce mediation lawer about it.

Talk to several Vallejo divorce mediation lawyers. They’re smart people. And they’re not just after your money. Trust me on this - if they were, they’d be in commercial law advising hedge funds. They’re here to help you. And they might be able to find a good, economical solution that works for you and your partner.

Vallejo divorce mediation means that the parties attempt to negotiate a resolution through the help of a third party neutral family law attorney or other mediator. This Vallejo divorce mediator assists the parties in making agreements in light of the relevant law. It doesn’t work for every case, but when possible, Vallejo divorce mediation is usually the best option.

If Vallejo Divorce Mediation is required, it can be completed instead of going to court. If Vallejo divorce mediation fails, then you and your spouse may find yourselves in court.

What happens if I’m not happy with the Vallejo divorce mediation Decision?

There are special rules involved in appeals of the decision made by Vallejo divorce mediation. So, don’t worry about this yet. If your unhappy with the results you do have recourse. Talk to a lawyer experienced with Vallejo divorce mediation. They can help.

Vallejo divorce attorneys can help you figure out how to settle your case in the most efficient manner possible. They understand that the way to building a thriving practice is to actually help people. Each Vallejo divorce attorney that we work with explores the possibilities of mediation. Vallejo divorce mediation might not work for you, but at a cost of under $1,000 for a divorce, Vallejo Divorce Mediation is certainly worth looking into.

In recent years, the use of Vallejo divorce mediation has increased. People are realizing that they probably would be well served to not each spend over $10,000 on a divorce. That’s where Vallejo divorce mediation can help. Also, courts have shown a preference for resolving disputes outside of court. Courts also prefer Vallejo divorce mediation. It’s easier for them, and better for you.

Vallejo divorce mediation decisions are on the rise. having attorneys, judges, and parties spending a day in court is very inefficient and costly. Also, parties generally abide by Vallejo divorce mediation agreements more closely than by court decisions. Vallejo divorce mediation encourages overall harmony. I generally don’t like to give advice to people I’ve never met, but try Vallejo divorce mediation before fighting in court. My parents started figting over their house in court. They realized that if they kept fighting, the legal fees would be almost as much as the house was worth. They switched to Vallejo divorce mediation. It worked really well. Give it a go. At the very least, fill out our contact form and talk to a Vallejo divorce mediation attorney.



TRENT

Important Aspects of Minnesota Divorce Laws

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Divorce
submit asked:


 

Divorces are a stressful experience for everyone including the divorce lawyers. IN this article we will discuss the important Aspects of Minnesota Divorce Laws that one must have an idea bout. There are two types of Minnesota Divorces. Absolute divorce and limited divorce. The former is a judicial termination of marriage based on marital misconduct or other types of causes that have cropped up after marriage is legalized. Here after divorce both the people are considered single again. Limited divorce laws are different in each state. They are commonly called separation decree. Here the right to live together is terminated but marriage is not dissolved and status of both parties remains unchanged.

 

The first important aspect is that to apply for divorce in Minnesota courts it is compulsory that one of the spouses must have been a resident of Minnesota for at least 180 days immediately before the petition for dissolution of marriage has been filed.

Legal Grounds for Divorce in Minnesota could either be `No Fault Divorce’ which includes living separate and apart for 180 days, visible and obvious marital discord affecting the attitude of 1 or both of the spouses toward the marriage adversely. Then there is General Divorce: where irrevocable breakdown of the marriage is the only ground for dissolution of marriage under Minnesota Divorce laws.

The grounds for a legal separation in Minnesota are that the divorce will be granted if the court finds that the spouses really need a legal separation. One of the spouses must have been a resident of Minnesota for at least 6 months before the petition for legal separation is filed as mentioned in the beginning. According to Minnesota Divorce Laws the petition may be brought by both husband and wife jointly as Co-Petitioners. This procedure eliminates the need for service of process or the use of a summons etc.

 

Another important aspect of Minnesota divorce laws include divorce mediation or counseling requirements which means mediation in the divorce may be ordered in cases where custody of children is also contested. Exceptions are where history of spousal abuse or physical or sexual child abuse is being found or suspected.

Then there is property issue which is a crucial aspect of Minnesota Divorce Laws appropriately termed as Divorce Property Distribution. Minnesota is an “equitable distribution” state and so is the law related to divorce. Each spouse retains his or her non-marital property, like, Property bought before the marriage, gifts and inheritances, and property exchanged for such non-marital property.

Then there are other aspects like Alimony and Spousal Support, Spouse’s Name after Divorce, Child Custody after Divorce, issues related to Child Support after Divorce etc. Each aspect related to Minnesota divorce laws covers the issue in detail.



BROCK
Divorce
Curious asked:


In a divorce with a child. Mother has filed relocate papers, How to stop her from relocating??
Mother just filed papers to relocate, How can I stop her from taking my child half way across the state?
Is she actually going to be able to relocate my child?

DEREK
Divorce
william asked:


If the IRS has prosessed the tax returns of one parrent and the other tries to claim them. will the IRS enforce the divorce decree, OR will it be considered a civil matter that the 2nd parrent would have to pursue in court.

MITCH

Getting an Easy Divorce In Florida

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Divorce
Jean Mahserjian asked:


Clients often ask if a Florida “Easy Divorce” is attainable. Of course it is - whenever both husband and wife can agree to make the process work. A Florida “Easy Divorce” will not be possible if one of the parties wants to make things difficult. Just like every other state, Florida has mandatory rules that have to be met in order to be awarded a divorce. There is just no getting around this.

It can be asked, how might one of the spouses obstruct the Florida “Easy Divorce”? By contesting matters which need to be consented to, including divorce grounds, or in contesting matters including (a) how the property will be divided, (b) how the children’s residence will be decided & when each parent will have parenting time, or (c) how much child support should be remitted under the law.

Each and every issue that is required to be addressed to obtain the Florida divorce could be contested. And so, if either party would like to to delay or prevent an “Easy Divorce”, that is very possible.

Conversely, every family law matter can be resolved by an agreement. When both you and your spouse can agree to a Florida divorce, you must amicably agree on all of the outstanding issues and then the parties can enter into a Florida “Easy Divorce”. And so, the first topic that you need to resolve ought to be whether each of the parties will actually work out the issues in order to obtain a Florida “Easy Divorce”.

After both parties have agreed that you would like to obtain a Florida “Easy Divorce”, the two of you should figure out the best way to get the required court documents finished, served and filed. One common way to accomplish this is to retain a single lawyer to represent both parties and to finish the court documents. Some individuals are not comfortable working with just one attorney and prefer to have independent advise from their own attorney. But, it is also common to engage two attorneys and to direct one attorney to prepare all of the Florida divorce court documents that are necessary, then have the other attorney review the divorce documents.

Another way to acquire a Florida “Easy Divorce” is to agree to use one of the online divorce or separation forms services to obtain all of the papers that are necessary. You may locate an online divorce or separation forms service from one of the many that are available today. When you employ such a divorce service, you can rest assured that you will be obtaining the divorce documents that are pertinent to the state of Florida.

If you and your spouse want to use an online divorce or separation forms service to take care of your Florida “Easy Divorce”, you have your choice of hiring a service provider from three different type of services that are available. One type of online divorce or separation forms service will send you the blank forms for a Florida divorce. All of these blank forms arrive accompanied by instructions on how to complete them with the proper information, however, you will have to complete them on your own.

An alternative type of service is an online divorce or separation forms “complete form preparation” service. This kind of service will ask that you or your spouse fill out a questionnaire concerning your marriage. Then, this kind of online divorce or separation forms service would actually complete all of the necessary Florida divorce forms for you and return them to you with instructions on how you should go about filing all of the divorce documents. The third type of online divorce or separation forms service is a “complete” service provider and usually this type of service is provided by law firms. This category of online divorce or separation forms service will have you complete questionnaires, complete the necessary forms for your matter, get all of the necessary signatures from both parties, and then file the legal papers that are required by law. This type of divorce service is usually more expensive than the other types because you or your spouse must actually pay all of the mandated state filing fees to this service. When using the other two types of online divorce or separation forms services, you or your spouse must pay all of the filing fees directly to the court because you submit all of your own forms.



ALVARO
Divorce
29 weeks w/ a baby girl! asked:


I already had my divorce hearing, and the judge signed off on everything, but i forgot to ask if they were mailing me the paperwork. Are they going to mail a divorce certificate? And if so, about how many weeks will it take?

HIRAM
Divorce
jlwgcsc asked:


My husband and I have been apart for just a few days more than a year now and we’re still not divorced. It’s been an ongoing battle of motion after motion that he’s filing to try and gain full custody of our son. Neither of us contest the divorce, we both definitely want to get away from each other, he just wants what’s most important to me… my child. If we can’t agree on custody at this point but agree that a divorce now would be fine how, if at all, can this be done? I live in Florida if that matters.

WARD

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