- No Fault Uncontested Divorce Forms
- Marital Settlement Agreement

Marriage is the oldest institution on the planet. The Bible, in Genesis, tells of how God created Adam and Eve, and married them. However, almost as quickly, the rise of divorce came about. By the time of Moses, the practice was commonplace, and in the book of Numbers he lays down the laws for dealing with the annulment of a marriage.

It is to be the exception, rather than the rule. In Asian cultures, we are given to understand, it was a bit more commonplace. Nowadays, it is even more so. The history of this subject through out the ages is a fascinating one. Let us turn to it now.

Besides the Biblical account and some fragmentary evidence from other cultures, there is not much on the practice in the western world until the rise of the Greek and Roman civilizations around 1000 BC. In the eastern world, due to the low status given the institution of marriage, with many husbands taking several lives, it was regarded to be quite common. In Muslim countries, divorce is lawful, but is the most hated of all lawful things in the sight of Allah.

By the time of Greek society, however, marriage was regulated and accepted. In ancient Athens, all you had to do was to submit a request to a magistrate, who would judge whether the request was lawful and would then either accept or deny the request. In early Roman culture, it was disapproved of, but later, as Rome became more decadent, it adopted the maxim that, marriages ought to be free. Theoretically, either the husband or the wife could divorce at will, although in practice the exercise of this right was infrequent.

When the Christian religion became dominant, marriage became more permanent. Very few people sought to end their marriages during the middle ages, although some, such as the notorious Henry VIII, defied the morality of the day. During the course of his reign, he took a total of six women as his wife, beheading two of them.

In Victorian times, it was still prejudiced against, but, again, still practiced on occasion. It was more frequent for an informal divorce to occur where, though still technically married, the husband and wife would be separated. This was quite commonplace throughout the 18th and 19th centuries, although towards the end of the 19th century attitudes began to swing back the other way.

Today, the separation of a husband and wife is common, and the legal process of ending a marriage is even more so. In the United States, 40% of marriages do not last until the death of one of the parties. This is a far cry from the standards of earlier times.

If you’re trying to find divorce lawyers in Austin TX go to AustinDivorceHelp.com. Don’t miss the information on how collaborative divorce attorneys in Austin are changing the way that divorce is done.

Texas Community Property – Texas Family Law Attorney – Austin and Travis County

- No Fault Uncontested Divorce Forms
- Marital Settlement Agreement

Divorce Lawyers Houston TX, The Robinowitz Law Firm

- No Fault Uncontested Divorce Forms
- Marital Settlement Agreement

Lawyers and expense go hand in hand. There is no doubt about it, lawyers are expensive. More importantly divorce lawyers can be even more expensive. There can be nothing worse than paying a lawyer to help legally discontinue marriage, which has been a foundation of your life for a long time. You are actually making a change to your life, which you don’t like, and you are actually paying somebody to do it for you! There are quite a few people who think along these lines. Such people will feel that they have been handed a golden cup, if we tell them that, yes its possible to get a divorce without a lawyer.

The Pro Se Divorce

Another word for this would be the ‘Do It Yourself Divorce”. Of course, both the partners must be in agreement with this way of doing things and more importantly there are only certain conditions wherein the Pro Se divorce is applicable. All in all this type of divorce, which precludes the need for any attorney requires that both the parties fill up the divorce papers themselves and not hire a lawyer to do so. It must also be said the fact that you are not hiring a divorce lawyer might not be a good option for anybody and everybody.

The Criteria to Be Fulfilled

To file for a Pro Se divorce, the divorce must not be contested by both the parties with respect to assets, property, or children. With regards to the children, they must be of a legal age and thus should also have no involvement in the divorce case. In marriages there are always various investments made during the course of the marriage, or debts incurred over a period of time. However, when it comes to a Pro Se divorce there must no investment such as pension options, retirement options, stocks or deposits associated with any of the partners.

This is because alimony is not included in the process of a Pro Se Divorce. If you want to deal with alimony issues then its best that you get a lawyer for the same.

A Few Rules

It is necessary that both parties must agree to a Pro Se divorce and you can’t have the husband opting for such a divorce, while the wife hires a lawyer for the proceedings. If one or both of the spouses are in the military then they cannot file for divorce under this option.

If there has been a history of mental and physical abuse by one partner on the other, or by both the partners on one another, then such divorce cases do not come under the purview of a Pro Se divorce. Another pre condition for a Pro Se divorce is that both partners must be well off after the divorce proceedings are over and not look for financial support from one another.

The Advantage of ‘No Lawyer’ Divorce

As aforementioned, hiring a divorce lawyer is an expensive business. Therefore a divorce without a lawyer saves both parties a lot of money when it comes to lawyer’s fees. However, it would be a good idea if you know all the legalities of this type of divorce before you initiate the proceedings. You should have a clear idea about all the documentation work and the kind of information that will be needed.

Dealing with the divorce is difficult but fortunately there is a great resource to help men cope with the divorce. Find it here.

- No Fault Uncontested Divorce Forms
- Marital Settlement Agreement

There is yet another category of foreclosure that reigns commonly in Austin, TX. Houses going into foreclosure or auctioned for sale are due to Divorce settlements.

Partners dissolving their marital relationship may find it quite difficult to straighten out their financial disputes. The spouse who has the slightest clue of separation or is not willing to divorce is least prepared for the results and effects of the divorce. While the partner who initiates the proceedings has the privilege of planning settlement terms ahead of time, the other spouse who is either demoralized, monetarily broken or is of a lower earning caliber, finds it quite hard to settle financial disputes over divorce.

If you are reading this, chances are that you might be navigating against a similar storm of complications. For the benefit of my Austin homeowners, I’ve always emphasized on the value of monitoring your score. A damaged or poor credit score can be a serious result of foreclosure. Also poor credit rating can also reduce your possibilities of obtaining other rescue loans. If you are going through a divorce settlement and wanting to stop a foreclosure, your foremost duty now is to know your credit rating. Review and analyze your credit report online.

If your divorce settlement involves your children, the court will create child support orders that lay conditions on payment, custody and protection, which falls in the best interest of the child. The court orders will control the complete rules of your kid’s health insurance, child support payments and visiting schedules. Usually the order equally delegates child support payment and guardianship rights between the divorce partners. Sometimes the parent who has the complete custody of the child can’t afford to make the mortgage payments. The court will often times order the non-primary spouse to contribute more to keep the children in the family home. Delinquent spouses usually will have to make up back house payments.

Petitioners in the Austin, TX Travis County region may find their divorce petition disputes being settled over a period of up to one year. Given the longevity of the case, the Judge may issue an emergency order that compels either one or both partners to fulfill their obligations towards mortgage payments. In addition the judge may order the defaulted house payments be paid by the spouse who initiated divorce.

If a divorce has handicapped your financial credibility and you want to stop your foreclosure, you can proceed to legally petition monetary support from your spouse.

* Negotiate with your spouse on making the mortgage current. If he or she is unwilling to abide, softly notify him/her about your plans to hire an attorney who could legally arbitrate the situation.

* Hire a lawyer and educate him/her on every detail about the current status and equity rights over the mortgage. Provide all documents, contracts copies and mail communications that can support your petition and advocate your rights over securing the mortgage.

* If your income does not allow you to hire an attorney, take leverage of your state law that could have provision for your delinquent spouse to cover up all legal charges, including your attorney’s fees.

* If the court sets an order for your divorcing spouse to pay off the mortgage loan, request the judge to permit you to contribute payments for those months your spouse has defaulted. It is better to request temporarily restriction against the lender from initiating foreclosure, than to lose the house on auction sale.

If in case your ex-spouse fails to make the mortgage current, the lender should be aware of the alternatives recommended by the court. Bear in mind, to constantly update your lender about all legal proceedings being negotiated with your ex-spouse on mortgage settlements. Send photocopies of all court orders to the lender for documentation against your mortgaged house.

Dwayne Clark is a Chairman of The Troubled Homeowner Organization. Dwayne helps homeowners in the Austin,Texas area overcome difficult situations that may arise during home ownership. Dwayne and The Troubled Homeowner Organization believes in the sharing of knowledge and information to help others succeed. On our website TroubledHomeowner.com, you will be able to find several articles, do it yourself guides and videos that will arm homeowners with knowledge and power to change their situation. Don’t hesitate to contact us. Our organization will do its best to help you solve your Real Estate Problems.

Austin Divorce Attorney-Divorce Attorney in Austin TX-Austi

- No Fault Uncontested Divorce Forms
- Marital Settlement Agreement

Most marriages that come to an end will end badly, but there is some pre-divorce advice for men that you should be aware of.

Counseling

Marriage counseling is something that no one wants to do. If you are the one that suggests it, even makes the appointment for it, it will look better in the court room. Attempting to work things out is something that every judge is going to look for. If you are the one making that attempt (even if she cancels the appointment) it will let the judge know that you at least tried.

Avoid Name Calling

Thing are probably pretty strained at the end of the relationship. You should avoid saying anything bad about your spouse to anyone. This seems like it should be petty, but it could make a big difference if that person is called to testify in court against you.

Information

The best pre-divorce advice for men would be to gather information. This is something that is going to be much easier before you file paperwork and split. You can make copies of anything that your lawyer may need later and store them somewhere outside of the house. Please note that you can never have too much information. While the lawyer may not use all of it, there is no telling which little piece is going to be important. Make copies of everything that you can. You should also set up a separate account that you can put some of your money into. Lawyers aren’t cheap, and despite your efforts you may need one.

If you are looking for the best divorce advice for men available in the form of a guide, visit my buddy Jon’s site on how to win your divorce: http://divorce-tactics-for-men.info.

- No Fault Uncontested Divorce Forms
- Marital Settlement Agreement

- No Fault Uncontested Divorce Forms
- Marital Settlement Agreement

Two individuals recently consulted with me, both whom had waited too late to speak with a bankruptcy attorney. One had recently married, one had recently divorced. Both of them had substantial debt that they needed to erase to create a fresh start for their financial life. Unfortunately, by waiting to file their bankruptcy until after marriage and divorce, they had created serious legal problems. Here’s why.

The divorcee had a marital settlement agreement that required payment of substantial credit card debt that had been accumulated by both spouses during the marriage. If a bankruptcy had been done before the divorce, this debt would have been easily discharged for both the husband and wife. However, by placing the debt in a marital settlement agreement, this man created a serious obstacle to eliminating the burden of this credit card debt. That is because the bankruptcy code does not allow (except in very rare situations) obligations in marital settlement agreements to be discharged or avoided in a bankruptcy proceeding. While this man’s obligations to the credit card companies can still be discharged, his obligations under the marital settlement agreement cannot. Once he is discharged, the credit card companies will enforce the jointly acquired debt against his ex-wife, and she in turn will enforce his obligation to pay under the marital settlement agreement. The only way he will be able to eliminate this debt obligation is to convince his ex-wife to also file for bankruptcy. If she refuses to do that, he is stuck paying the debt.

The married client had a different problem. She had accumulated substantial debt before her marriage. If she had filed for bankruptcy before marrying, she would have qualified for a chapter 7 bankruptcy because her income was lower than the median income for the State of Florida. However, her new husband has a substantially higher income. The bankruptcy laws required that this income be considered by the bankruptcy court to determine whether a debtor can use chapter 7 as a method for discharging debt. Unfortunately, she disqualified herself from chapter 7 relief by marrying a wealthier man.

Central Florida couples with substantial debt who are considering divorce should first consult with an Orlando bankruptcy attorney. In most cases, the discharge of substantial credit card debt, or other types of debt, can make for an easier and less costly divorce. This makes for a true “fresh start” for divorcees, who can begin a new life without financial burdens trailing behind them into new relationships. Any resident of Central Florida with substantial debt who is considering marriage should also seek the advice of a bankruptcy attorney in Orlando, and do so before, not after, “tying the knot.”

Jeffrey S. Badgley
http://www.badgleybankruptcysolutions.com

Debt Relief – Busby and Associates – Houston, Texas

- No Fault Uncontested Divorce Forms
- Marital Settlement Agreement

Together with changes in mortgage terms and the seemingly out of control housing market in many parts of the United States, many people are feeling a bit over their heads. Quite a few homeowners are taking the drastic step of declaring bankruptcy. But many homeowners “jump in” without learning what procedures are involved and the lingering effects of declaring bankruptcy. Don’t wait until it is too late–educate yourself before making any decisions. In many cases, declaring bankruptcy makes financial sense, but the decision should never be made without considering all of the consequences.

Will I Lose My Home?

Whether it is divorce, job loss, serious medical expenses, or any other drastic event, homeowners declaring bankruptcy have typically run into unexpected financial trouble. It is important for these desperate homeowners to know that petitioning for Chapter 7 bankruptcy does not necessarily mean the loss of property. Instead, with an agreement decided by a judge, the lender and yourself (the debtor), some debts can be reaffirmed. This means that as long as you continue to make payments, you will retain the rights to the property involved in those debts. After all, the lender does not want to foreclose. They would rather that you make payments.

However, inability to make payments for the property might have been the original financial hardship in the first place. In this case, it is better to sell the property or include it in your bankruptcy agreement. It is very important that you discuss these issues with a qualified attorney or bankruptcy expert to determine if this is the best decision for your circumstances.

Informed Real Estate Owners Know the Facts about Chapter 7

Chapter 7 bankruptcy petitioning involves the discharging of some or many of an individual’s or a couple’s debts. Medical debts, credit card debt for consumables or other services that do not involve an asset, are common debts Chapter 7 bankruptcy petitioners look to have discharged. But it is important to know that not all debts are removed in these proceedings, and in fact, some cannot be. The government does not allow consumers to discharge alimony or child support, or many other court-ordered obligations such as criminal reparations. You will still be liable for debts owed to the US Government, such as government-backed student loans or Internal Revenue Service (IRS) debts.

Declaring Chapter 7 bankruptcy will continue to affect credit scores for seven years after the discharge. During the seven-year time period, getting a low-interest rate mortgage will be difficult. You are a high-risk debtor and should expect to work hard and be disciplined as you work toward repairing your credit history.

There are Multiple Steps to Declaring Chapter 7 Bankruptcy

In the past few years, Congress has passed laws making it a bit more difficult for people to petition for bankruptcy. These new laws require you to get financial counseling of some type no less than six months before you are eligible to file. And, in order to be eligible for bankruptcy, the applicant must pass the Means Test, a procedure that measures the debtor’s income to debtor’s state median income. To be eligible for bankruptcy, your income must be below 150 percent of the state poverty level. However, not meeting the requirements of the Means Test doesn’t prohibit a debtor from filing other types of bankruptcy.

View East Carlsband, CA Real Estate

New Office in Brownsville Texas | Bailey & Galyen Attorneys at Law

- No Fault Uncontested Divorce Forms
- Marital Settlement Agreement

Child custody disputes are among the most expensive and damaging cases in the legal arena. While the parents may no longer have a blissful relationship with one another, they still have love in their hearts for their children. This desire to continue their parental relationship can lead to an exhausting process of figuring out the best situation for both the children and the parents. Custody cases are complex, so it is necessary to acquire a knowledgeable child custody lawyer in Houston that can guide you through this difficult time.

Texas Family Code Rights

A child custody lawyer in Houston can help you understand your rights according to Texas Family Code. The two options allowed under this code are sole managing or joint managing conservatorship. The prevailing opinion is that joint managing conservatorship is in the best interest of the child, as it allows both parents to play an active role in their life.

Joint Managing Conservatorship- Joint managing conservatorship is essentially an agreement that calls for a distribution of parental responsibilities between the two parents. This includes rights, duties, and powers regarding the children. It is important to note that this does not necessarily mean both parents will have equal physical time with the child. Instead, the court decides who will host the primary residence for the child, while the other will get visitation and other equal rights, as determined by the judge. This is typically regarded as the best solution for the child. It eases the transition by allowing the child to have both parents in their life.

Sole Managing Conservatorship- Sole managing conservatorship is, as your child custody lawyer in Houston can explain, used in situations where joint managing conservatorship is detrimental to the child. In other words, this agreement is used when the child should not be around one of the parents due to violence, neglect, or other situations harmful to the child. Under this arrangement, one parent has essentially all rights over the child, while the other has some sort of visitation rights. This is widely regarded as a last choice scenario.

Selecting a Child Custody Lawyer in Houston

Divorces and separations are a difficult and confusing time for everyone involved. It is something that no one enjoys dealing with. Selecting a knowledgeable child custody lawyer in Houston can help make the situation easier for you and the child.

About the Author

Michael Busby is the founder and CEO of Busby & Associates, a Houston, Texas divorce and family law firm For more information about managing conservatorships visit our website at http://www.busby-lee.com or contact the legal professionals at Busby and Associates. We are experienced in dealing with family law and child custody in Texas and are sure to be able to walk you through the process.

“Fidelity”: Don’t Divorce… (by Courage Campaign w/ Regina Spektor)

- No Fault Uncontested Divorce Forms
- Marital Settlement Agreement

Not all marriages are the same so who’s to say what’s acceptable and what isn’t. There are married couples who “swing” and I don’t mean in the park! Yet, they seem to be happily married – at least they often say they are.

I do know that the major causes of marriage breakup are: -

1. Debt and lack of money.

2. Lack of sex.

3. Infidelity.

4. Spousal Abuse – either emotional, verbal and/or physical.

5. Baggage from a previous relationship or from childhood.

6. Unrealistic expectations.

If financial struggle gets too burdensome and a better offer comes a long, that spouse is likely to head for greener pastures! Lack of sex or a complete absence of marital bedroom gymnastics won’t meet the needs of a person with a healthy libido. If a person has needs you can bet they will eventually seek a solution to their frustration!

Domestic violence is simply unacceptable. Some experts believe that perpetrators of spousal abuse can change their ways. I have my doubts. If the violence is due to alcohol or stress and these triggers are removed, then the abuse shouldn’t occur. However, this is not the same thing as a “cure”.

My view is that if you suffer from Battered Wife Syndrome, the sooner you separate and divorce the better! Still, most women in this situation put up with spousal abuse (and therefore remain a domestic violence victim) in the hope that he will change or that if they “walk on eggshells” the other spouse won’t get angry – WRONG!!

Infidelity is a tricky one. For many women, one strike and he’s out. However, infidelity is no longer gender specific and many women today have had or have contemplated, an affair. This has resulted in a somewhat more liberal approach in the sense that women now understand better how easy a spouse can fall into an illicite relationship these days – even though the reasons differ as between men and women.

Some marriages work in spite of the husband being a “player”. They didn’t marry him for his “faithfulness” but for other benefits such as wealth, status, fame, etc. Other wives have accepted the husband’s regret at a one-off “foolish mistake” and forgiven him. The same goes for some men who have been on the receiving end of an extra marital affair. Still, a cheating spouse is NOT generally tolerated – even once. In fact, it is the quickest way of landing in the divorce court that I know of!

This brings us to baggage. Now we all have SOME baggage. We may have been married and divorced once or twice before. It may be that we have issues from an unhappy childhood that impact negatively on our lives as we get older. What about the “baggage” associated with have young children from some other relationship? Problems with child visitations, abusive ex-husband’s and hassles with child support can really put a girl off! Either they’re fixable, manageable or …. they’re in the too hard basket and it’s time to move on.

I’ve left Unrealistic Expectations to last for a reason. Most people who get married do not really understand why they are. They think it’s because they love the other person whereas the real underlying reason is this: -

They think that the other person will fulfil their needs. This is the main reason why they love the other person. Think about this. They see their new spouse as the person who is going to make their life complete. Past baggage will disappear, as their new partner fulfils all their dreams. The areas in which he or she doesn’t currently deliver on …. well, he or she foolishly thinks that they”ll just change that over time! Big mistake. This explains why so many people marry someone that they really aren’t suited for.

So, do you stay in your marriage or not?

This really depends on your own values. There is no right or wrong answer for everyone. However, whatever decision you make, make it honestly. Don’t kid yourself. Make sure that you think it through … especially if you still love your spouse. As Oprah says, “We are not our mistakes”. It may be that counselling can help save the marriage. Unfortunately, by the time one spouse has reached a point where he or she is contemplating separation and divorce, it is often too late.

Except in the case of infidelity and perhaps spousal abuse, the decision to stay married or get divorced is one that often takes time to consider. The practical consequences should be looked at and you should talk these over with a divorce lawyer who is also familiar with any Social Security and/or tax implications.

One final thought. While most people who get divorced believe that they made the right decision, they often feel that had they done things differently BEFORE they went off the rails, they may have been able to save their marriage.

Whatever you decide, know that there is life after divorce … just ask some of your friends!

Barry Roche the author of the ebook, “How To Win When Facing Divorce”. He is a former Divorce Lawyer who wrote this book specially for women – available at http://www.divorceandwomen.com/help.html

Divorce Attorney Kelly Chang Rickert on Britney Spears