Divorce Representation Without A Lawyer On The Rise

Representing Yourself in a Divorce? No Way! Why Retaining Legal Counsel Is Worth It!

divorce representationCourtrooms all across the country are seeing an increase in the number of unrepresented parties on their dockets.  Whether it’s due to the failing economy, the rise in popularity of television shows such as “Judge Judy” which encourage the legal “do it yourself” attitude, or perhaps the belief that the courts will take it easy on those who represent themselves…the amount of people trying to navigate their way through the legal system without a lawyer is on the rise.

While it is easy, (and perhaps self-serving) for a family law attorney to claim that it is in a person’s best interest to hire a lawyer for their divorce or child custody matter, the courts’ decisions in cases where a party appears on their own behalf speak for themselves. Family law is filled with rules and procedures, nuances and intricacies…many of which differ depending on which county, district, state, etc. you are filing in.  So, before you decide to go it alone, consider the following Ohio cases in which people chose to do so:

  1. Hutchinson v. Hutchinson – In this Montgomery County case, the wife chose to
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Divorce Filings Spike in January by One-Third

January Is Often Called Divorce Month

Recent UK Study Claims One In Five Will Divorce After Holidays

divorce spikeThe first of the year is the time that many unhappy couples who are reluctant to break up the family during the holidays officially start their divorces. January is often called the “divorce month.” This trend occurs not only in the United States but in the UK and abroad as well. According to a recent study in England one in five couples had plans to divorce after the holidays.

James McLaren, President of the American Academy of Matrimonial Lawyers, recently said, “we see a significant increase in people seeking out divorce advice and ultimately, filing. The number of filings is one-third more than normal. That begins in January and probably goes into early March”.  This trend is nothing new. Recent research even suggests the pattern dates back to medieval times. Frederki Pedersen, a senior lecturer in history at the University of Aberdeen, recently wrote in Science 2.0 that in the 14th century a third of the litigation heard by the church court in York was initiated in January.

Not surprising, but divorce courts aren’t the only busy place after the start of … Read More... “Divorce Filings Spike in January by One-Third”

Divorce: Options to Dispose of the Marital Residence

What Are The Options To Consider When Disposing Of The Marital Residence In A Divorce Proceeding?

divorce marital residenceIn the usual divorce or dissolution proceeding, the disposition of the marital residence is often one of the most important decisions in the case and one of the most emotional issues with the exception of “custody” of the minor child or children. One or both parties may have very strong emotional ties to the home and may overlook important financial considerations in their quest to “keep” the family home.

I now provide to you my list of available options in disposing of the marital residence during divorce:

  1. Sell the residential property for the “best obtainable price” and divide the net sale proceeds.
  2. Sell the residential property for the “best obtainable price” and use the net sale proceeds to pay off marital debt or to pay down marital debt.
  3. Determine the equity in the marital residence, if any, with one party “buying the other party out” of his or her interest in the marital residence.
  4. Determine if the home is “upside down” meaning that the mortgage indebtedness is greater than the fair market value of the home.

I shall next discuss each option in … Read More... “Divorce: Options to Dispose of the Marital Residence”

Divorce on Your New Year’s Resolution List?

If a Divorce is on Your New Year’s Resolution List, Consider this First…

Seven Tips for Dealing with Family Issues During the Holidays from Texas Divorce Attorney Richard C. Price

divorce tips resolutionI was pondering a list of various topics for this blog article. I wanted to publish a strong blog article to start 2015. I started a couple and even finished one that wasn’t honestly that memorable. So I decided to hold that one in the “bank” for another less important time of the year. The start of any new year is an obvious time for reflection and to take an inventory of our blessings and shortcomings.

To start the year, I wanted to post an article encouraging people experiencing marital problems to take certain steps before going the divorce route.  I drilled into the extensive archive of blog articles written by my colleague and acclaimed Texas lawyer, Dick Price, for inspiration. Success! I found the article below which he has graciously granted permission for me to repost from his Divorce and Family Law in Tarrant County, Texas, blog at http://dick-price.blogspot.com/  It was originally posted on January 2, 2008. While initially geared towards divorced or separated families, his tips are equally … Read More... “Divorce on Your New Year’s Resolution List?”

Divorce Regrets For Couples Likely Says Study

Recent Study Say Couples Experience Increased Unhappiness In Their Second Marriage, Have Regrets Over Divorce

divorce regrets studyRecently there has been some publicity of individuals expressing their regrets regarding obtaining their divorce.  A completely anonymous website, known as http://www.secretregrets.com/, allows individuals who have gone through divorce or separation to express their regrets.  This website led to a bestselling book series called “Secret Regrets”.   These expressions of regret occur too often in the divorced world as a recent Utah State University article discusses.

The study examines life after divorce explaining that, frequently, a divorce is just the beginning and what comes next is the hard part: conflicting relations with your ex-spouse; troubles with maintaining normal lives for the children; and a general feeling of unhappiness.  The study even indicates that compared to married individuals, divorced couples experience more unhappiness, higher psychological stress, low self-image, and felt even more alone.

Divorce is certainly not a cure-all to your relationship problems.  Divorce can trade one bad problem for another. No longer do you have to fight over money issues within the household, but now you’re fighting over child support payments or alimony.  Also, divorce is just the legal ending of your marriage, … Read More... “Divorce Regrets For Couples Likely Says Study”

Divorce: Larger the Engagement Ring, the Higher the Divorce Rate?

Do Divorce Rates Increase When People Spend More Money On An Engagement Ring? Study Says Yes!

divorce engagement ringTraditionally, A princess cut, a pear, a round, or an oval?  Should I go to Jared (He went to Jared) or Stafford or Kay, because every kiss begins with Kay, right? How much should I spend?  Can I afford a good engagement ring now or should I wait and save 3 months’ salary?  Am I going to look cheap if I go to an off brand jeweler or use a family heirloom ring?

These are all questions that many men face when deciding when and where to purchase an engagement ring.  It seems like just buying the engagement ring for the “right” reasons alone may no longer suffice. Today, you must get the right ring from the right jeweler, and that ring is normally quite pricey.  The average American couple forked out nearly $4,000 on average for an engagement ring, that doesn’t even include the wedding bands!  (Which average another $1,500!)

The commercialization of love, weddings, and romance has been growing and growing ever since businessmen realized how much people will actually pay to ensure their lasting love. The average price tag in the … Read More... “Divorce: Larger the Engagement Ring, the Higher the Divorce Rate?”

Divorce: Dividing iTune Libraries and Other Digital Assets

What Happens To Your Digital Assets In A Divorce?

Digital Assets Library That Can Be Divided In A Divorce Process Include Kindle, iTunes, Xbox Live, Games, Apps And Other Digitally Downloaded Media

divorce digital assetsTraditionally, when dividing assets in a divorce, each individual looks to their assets obtained during the marriage.  When these assets are identified, the process of dividing those assets up then runs its course.  Today, with the constantly changing technological field, assets are not merely tangible objects anymore.  For example, your iTunes library is not a tangible asset, yet it does have value and you did spend money to amass this library.  Even though this asset is not a house, car, jewelry, or even cash, it’s still considered an “asset.”  It also doesn’t matter which spouse maintained the library, or who actually purchased the digital assets; as long as they were obtained during the marriage, they qualify as “marital assets” which means they’re treated no different than a car or any other tangible asset.

Well, let’s say you share this music library with your spouse.  What happens when you go through the divorce process?  This concept has been somewhat of a grey area due to the relative … Read More... “Divorce: Dividing iTune Libraries and Other Digital Assets”

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