Friday, March 2, 2007

Divorce I Do Never Mind

    

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A divorce, or a decree of ?dissolution of marriage? is a court terminating an existing marriage. This is in contrast to an annulment, which states that a marriage never existed.
The main issues to settle are the division of property, child custody and visitation, and child or spousal support. You want to make sure and thoroughly research these areas so you protect yourself through the process.
The first thing I would recommend is using a divorce attorney. They have filed numerous divorces and have been through the process several times, so they will know tricks and strategies to use. You don?t want to defend yourself because although it will be cheaper, you may miss some things that could end up costing you more in the long run.
That being said, it is still important to do your research, because you don?t want to be completely at the mercy of your attorney either. You may be able to come up with additional ideas that he/she couldn?t come up with because of your research. You also want to question your attorney through the process ensuring that you get what you are due in the divorce.
There are many reasons to get a divorce, and different states have different laws pertaining to what constitutes a divorce. Some states allow you to just do it while others are stricter on the ?grounds? for the divorce. They claim you have to have proper ?grounds? for divorce. Again, check with your local state laws to find the applicable law for your state. If your state won?t allow the divorce stating that the ?grounds? aren?t serious enough, one idea is to change residency to a more liberal state and file for divorce there. A divorce decree in one state is honored in all states.
A divorce can be either a fault divorce or a no-fault divorce. A no-fault divorce is a divorce in which both sides agree on irreconcilable differences and no 1 person gets the blame for the divorce not working. A fault divorce cites one of the parties as the one responsible for the failure of the marriage.
A divorce can take anywhere from a month to years, depending on the complexity of the issues at hand. Battles over child custody can take several years to decide. Other factors that determine length are whether the divorce is a fault/no-fault divorce, the efficiency of the court, size of estate to be split up, how agreeable you and your soon to be ex spouse are, the extent of agreements you had before the marriage, and child custody/support issues.
Divorce is no joke, in some cases it?s the hardest thing one will go through in life. Having a smooth divorce process can make things easier on yourself, ex-spouse, children, other family, and also help you get on the right track to find your next spouse, assuming you haven?t decided you will never get married again.

About The Author

J Zuniga is a senior editor of http://www.newjerseylawyersdirectory.com an informative site about law and lawyers. For more specific information on divorce law, go to http://www.newjerseylawyersdirectory.com/divorce.html.

    
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Thursday, March 1, 2007

Divorce Health Insurance

    

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Recently, I had a question from someone who was going through a divorce and was concerned about lost health insurance coverage because she was covered under her husband's insurance. She was concerned not just for herself, but for her children as well. This question comes up a lot. See is this answer helps you better understand what to do. If you have additional questions on this topic, feel free to add to the blog, and I'll answer them.
Medical Insurance and Divorce
To answer your questions specifically, here are some ideas to consider.
1) You and your children are automatically covered under your husband's insurance as a dependent until you divorce.
2) When your divorce is final, you have the opportunity to continue your husband's insurance by triggering what is called "COBRA". (Note: there is another blog entry that defined COBRA.) This will continue your coverage for an additional 18 months; unfortunately, you will have to pay the full cost of the coverage (and the company can have you pay 102 - 105% of the coverage cost).
Your children, by law, will becovered under the parent's coverage whose birth date occurs first in the calender year.
3) One suggestion is that when you hire an Attorney to assist with your divorce, you might want to ask, in the settlement negotiations, to have the price of the COBRA payments included in your settlement. This would be particularly important if you happen to have the early-in-the year birthdate, and will be paying for the children's health insurance coverage. This cost should not have to come out of your child support, as it can be VERY EXPENSIVE.
4) Whatever you decided to do, keep all documents together. Whenever you talk to anyone, document to whom you talk, get the name and tele #, and what was said by all in the conversation as soon as possible after the conversation. In this way, you document what is said, and do not have to rely on memory. Also, when you send anything to anyone, keep a copy for yourself, and send it by registered mail, so that you have proof of receipt.

About The Author

Carolyn Magura
Disabilitykey.com (http://www.disabilitykey.com) is a website designed to assist each person in his/her own unique quest to navigate through the difficult and often conflicting and misleading information about coping with disabilities.
Carolyn Magura, noted disability / ADA expert, has written an e-Book documenting the process that allowed her to:
a) continue to work and receive her ?full salary? while on Long Term Disability; and
b) become the first person in her State to qualify for Social Security Disability the FIRST TIME, in UNDER 30 DAYS.
Click here (http://www.disabilitykey.com/products.htm) to receive Carolyn 's easy-to-read, easy-to-follow direct guide through this difficult, trying process. If you are disabled, don't let this disabiling process disable you. Read Carolyns Disability Key Blog (http://www.disabilitykey.com/disabilitykeyblog.shtml).


    
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