
"I just don't want another man raising my kids. That was the main goal. I had kids with my wife because I wanted to be with my wife. And those three babies are all wanted, and I wanted to be with them."
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Selling The Family Home During A Divorce....
Many couples, facing a divorce decide to sell the family home and divide any profits after the sale. That is the way it used to work, back when the real estate market was thriving and couples were able to pull large amounts of equity from the sale of their homes.
Not so anymore. The real estate market is in trouble and many divorcing couples are at a loss about what to do about the family home. With the market flooded with homes for sale, foreclosures on the rise and homes on the market for many months before selling, what is a couple to do?
There are still some options left. One spouse can buy out the other and retain the property. If this is the option you choose, make sure to have the home appraised by a certified appraiser, not just a Realtor giving you his or her opinion abut how much the home is worth. Another option is to hold off selling the home ,if possible and stipulate in the divorce agreement that the home will be sold at a later date when the real estate market recovers. Some issues that must be worked out with this option are: Will the spouse occupying the home pay the mortgage,taxes and other household expenses? This is important because the spouse who does not contribute to the financial upkeep of home should get less profit when the home is eventually sold. These kind of issues need to be clearly outlined in the divorce agreement so that there are no problems down the road.
If selling the home right now is something that you must do in order to settle your divorce, use the following tactics to sell your house faster.
1. Hire the best realtor in town. Ask around and see who has the highest home sales in your area. You do not want to waste time trying to do a "for sale by owner" in this situation. You need someone to aggressively market and sell the house fast.
2. Be realistic about the asking price. Price the house to sell and you will be more successful selling in today's market.
3. Ask your spouse to help foot the bill for any minor improvements you must make to get the home ready to show to potential buyers. Things like painting, new carpeting, landscaping and fixing any obvious eye sores on the property can help sell your house much faster than other homes in your neighborhood. Home repairs can be costly, so set a budget with your soon to be ex and try to come up with a realistic amount the two of you can spend. If you are involved in a bitter divorce, you may have to have your lawyer ask your spouse's lawyer to include this in your divorce settlement.
Whether you choose to hold on to the family home for a few years until the market turns around or sell your home now, it is important to research all of your options carefully and make a step by step plan to protect one of your most important assets-your home.
Earlier this week an Italian court ruled not only that it was not permissible for the parents of a child to call him Friday but also that they must call him Gregory. Apparently in Italy the courts have the power to overrule the parents’ choice of name if it is likely to cause a child to suffer shame when he grows up. Now, whilst I am not encouraging the authorities in this country to adopt a similar attitude and after all it could cause problems for any number of celebrities (including those who have been knighted) if they did, I do have one suggestion which would make a family lawyer’s life significantly easier. Why not introduce a law compelling all names to at least be spelled correctly? That way I would not come amiss with such quirks as Jorge, Sharlutt and Chevaun.
Ten Questions You Must Ask Before Hiring A Divorce Lawyer...
If you are ready to interview divorce lawyers, you should be armed with the following questions to ensure you hire the right attorney. Many divorcing couples find out too late that they have invested money and time with the wrong divorce lawyer. Although it is possible to fire your lawyer and hire a new one during a divorce, save yourself the hassle and pick the right one from the beginning. Here is what you need to ask:
1. Do you specialize in divorce and family law? How many years have you been practicing in this field? (This is crucial. Do not hire a lawyer that does not specialize in divorce and family law.)
2. Are you experienced in the courtroom and how many of your divorce cases ended up in a trial last year? (You do not want an inexperienced attorney representing you at trial. Finding out how many cases went to trial will give you an idea of what kind of negotiator this lawyer is. If most of his cases end up at trial you can expect yours to as well.)
3. Are you a mediator or a collaborative divorce attorney? Do you encourage mediation for your clients? (Although not required, it is better to find a lawyer who is either a mediator or believes in settling divorce cases with one. Collaborative divorce lawyers tend to resolve your divorce in a more amicable and less expensive way.)
4. Will you be the attorney handling my case or will any other associates in your firm be involved? Do you have the time to devote to my case? (Do not hire a lawyer who does not have time for your case and will push your case off to a newer, less experienced associate.)
5.Will I deal directly with you or your paralegal or secretary? Is there a separate hourly rate to speak with paralegals, secretaries and assistants in the firm? (If there is no additional charge to speak to these employees, that is a good sign. You can save money by calling the secretary or paralegal directly for minor questions instead of being billed by the minute by your lawyer)
6. How much of a retainer do you require? What are your hourly fees? Do you require additional retainers after the initial one has run dry? If my retainer runs out, can you delay payment until my divorce is settled and take the funds out then? (Don't be shocked when your retainer runs out and you are required to replenish it or lose representation. Negotiate a deal now with your new attorney to have additional fees paid after your divorce is settled)
7. Can you file a motion in the court asking that my retainer and attorney fees be paid by my spouse? Is it possible for you to give me an estimate of how much my divorce will cost? (If your spouse is the primary breadwinner or controls the martial funds, it is beneficial to find an attorney who will ask the court to direct your spouse to cover legal expenses.)
8.What other costs can I expect during my divorce? Will I have hire other professionals like accountants, appraisers, investigators,etc? Do I pay extra for photocopies, faxes, and other office services? Do you charge for travel to court? If so, how much? (Find out the additional costs now so there won't be any surprises later)
9.Within what time frame can I expect you to return my phone calls? Do you bill by the minute or in blocks of minutes? (Many people are shocked when their divorce lawyer takes days, even weeks to return a phone call, find out this ahead of time and save yourself grief.)
10. Will I receive a written agreement with agreed upon hourly rates? Also, will I get copies of all of my legal documents concerning my case and is there an additional charge for this? (Make sure to get an agreement in writing outlining all of the hourly fees,additional fees and other costs your lawyer will incur)
How To Cope When Your Spouse Has Cheated.....
At a recent divorce support group I organize, one of the members recounted his recent heartbreak about how he is dealing with his wife's affair. Although he had been separated for almost a year and his divorce was about to be finalized, he was still in a great deal of pain. He confided that just a few months ago, he was unable to even speak about his wife's betrayal. He went on to tell us how he felt sick to his stomach thinking about the woman he once loved with another man. He also spoke of feeling ashamed and embarrassed.
It may be surprising to think that a person whose spouse has cheated would feel this way. After all, they were not the one who committed adultery. But there are many "symptoms" one suffers from when dealing with the painful issue of infidelity. Here a few :
1. Shock and Confusion:You are stunned and feel numb,l ike your life's has become a bad dream and you are waiting to wake up. You just cannot fathom why your spouse would betray you.
2.Sadness. You have physical symptoms, such as nausea, stomach pain, chest pain and dizziness. You may lose your appetite and feel tired and listless.
3. Anger. You become irritable and daydream of ways to get even with your spouse and his lover.
4. Guilt: As you search your mind for answers, you start to blame yourself. You are not good enough, smart enough or attractive enough. You convince yourself that the reason your spouse strayed is because of one or all of these reasons.
5.Shame: Because your spouse has cheated, you feel embarrassed and ashamed to let others know. You feel like they are secretly thinking it must be your fault.
Know that it is normal to experience these painful emotions after discovering your spouse's affair. It will take time to heal from these wounds to your heart and soul. The most important realization that you must come to accept is that it was not your fault. Your spouse's infidelity is a refection on the kind of person he or she is, not who you are. Eventually there will be a day when you will be grateful that you are no longer married to someone who cannot be trusted.
In between all those Change of Name Deeds I was drafting today (see yesterday’s blog), my mind wandered to other aspects of my work and particularly the complex manner of resolving disputes over finance. It now seems well established that court proceedings are frequently traumatic, lengthy and expensive, but what are the alternatives? Mediation and collaborative law both spring to mind, whilst earlier in the week I attended a presentation by a set of barrister’s chambers with their own novel alternative solution based on the three room conference formula. The trouble is that, without commitment from both participants, it is still only court proceedings that are guaranteed to deliver a result. However, I am waiting to see if any inspiration can be drawn from activities across in Bali. Does the background of a tropical island bring inspiration where conference rooms in post industrial Britain fail?
The UN chief, Ban Ki-Moon has demanded a breakthrough but the world’s Environment Ministers now have only until Friday to agree a framework for tackling global warming after the pledges under the Kyoto pact expire in 2012. With the USA and Europe swiping at each other and the developing world refusing to be drawn in, it presently looks as though an agreement to meet again next year might be the most that can be achieved. Still even that’s better than threatening to see each other in court, so maybe my next client offer will be pre-application talks in the Tropics, limited to those clients called Mary and Joseph , of course!
So Mary and Joseph aren’t going to go cold and roofless this Christmas either. In the true spirit of Christmas, Travelodge is offering all couples called Mary and Joseph one night’s free accommodation between Christmas Eve and Twelfth Night. Now my memory might not be totally accurate but I’m pretty certain that I have no friends, relations, colleagues, passing acquaintances or clients (past or present) who together with their spouse are called Mary and Joseph. Does this suggest such a combination is something of a rarity and that maybe Travelodge aren’t being quite as generous as might at first be perceived? Whilst I regularly prepare change of name deeds for those clients wishing to alter their surnames post divorce, changing forenames is less common. However, tomorrow I shall join in the Christmas spirit and offer two change of name deeds (limited of course to the names of Mary and Joseph) for the price of one, thus satisfying all those couples who want to change their names in order to benefit from this once in a lifetime opportunity.
I am always interested to learn about the ways in which some people acknowledge by celebration or otherwise their divorce, but I think this story, which I have only just come across, deserves an accolade for ingenuity, pain and endurance. On 13th August this year a Canadian independent performance artist, Cathy Gordon, crawled across Toronto in her wedding dress to fulfil what she called a divorce ceremony. It seems that the divorce papers were served on the way and the exercise, for which she created a blog specially (Click Here), was intended to create a personal spiritual experience.
Resolution - which adopts a non-confrontational approach to separation and divorce - is behind the advice.
On the face of it, the idea of two Christmases might seem like a dream come true for children, but the reality for separated families is often very different.
Putting the children first is the key to a happy Christmas:
Christmas - whichever parent it is spent with - should be something to look forward to, but for children caught in the crossfire between separated parents who can’t agree on where they should spend Christmas, excitement can quickly turn into misery.
Resolution has the following advice to help separated families make sure this Christmas is a happy one: