Many women who had made the decision to be stay at home moms during the course of their marriage find themselves in the position of finding work after many years out of the job market following a divorce. Certainly, keeping any professional licenses earned updated and in place will help with a job search. Additionally, taking classes to improve and enhance your skills is beneficial. Reaching out to contacts you have made in the past can help.
Discussions with your attorney are beneficial in reaching a settlement agreement. Your legal counsel can advise you about the benefits of such an agreement, how property is likely to be distributed should the action go to trial and relevant issues relating to child support, spousal support and custody.
Additionally, it is important to have a full understanding of your own economic situation. Gather information regarding your assets, income, expenditures and debt and review it carefully. Additionally, an understanding of your spouse’s finances will help you formulate a better idea as to the terms of an agreement. A settlement agreement should be fair to both parties, therefor each spouse will necessarily concede on certain issues in order to benefit from others. In this regard it is important to have a clear idea of what you really need. For example, you may be willing to negotiate the amount of support in order to maintain control of certain assets.
A clear understanding of your children’s needs is imperative in considering custody issues. In determining custody and visitation the court will most likely consider the best interests of the child. Although most children can benefit from the input of both parents, there are situations, such as abuse, where sole custody could be beneficial.
Many divorce cases are settled prior to trial. A settlement can be reached through informal negotiations between spouses and there attorneys or via alternative dispute resolution like mediation or collaborative law. Reaching a settlement agreement can help alleviate the costs associated with divorce and allow a couple to determine the issues relating to their separation, such as property distribution and child custody, themselves rather than relying on the determination of the court.
Once a settlement agreement has been reached, the parties will attend an informal hearing in the state court where the divorce petition was filed. The judge will ask the parties some informal questions and whether each party understands and voluntarily signed the agreement. A settlement agreement will usually receive court approval if the judge is satisfied that it was fairly negotiated and does not blatantly favor one side over the other. (more…)
A civil divorce decree that has been appropriately reviewed and signed by the judge, filed in court and served on both spouses will effectively terminate a marriage. A religious divorce, often considered once a civil divorce has been finalized, can give a ex spouses a sense of closure and allow them to benefit from remarriage in a religious ceremony.
The Jewish Get is a writ of divorce provided for couples of Jewish descent. If one spouse is not Jewish a Get is not an option. The husband asks a trained scribe to write the get which he then presents to his wife in the presence of a rabbinical tribunal, Beth Din, consisting of three individuals and two witnesses. The wife’s acceptance of the Get finalizes the divorce. There is no reference to responsibility, fault or the details of a settlement in the Get. The Rabbi will issue a certificate of proof attesting to the fact that a Get was properly drawn up, delivered and accepted. (more…)
Circumstances may arise after a divorce decree has been filed that necessitate the alteration of the terms of the agreement. Divorce decrees can be overturned through an appeal to the court. Generally, an appeal will not be considered unless compelling circumstances exist that necessitate a change in the decree, such as the rulings in the original divorce case do not comply with the statutes, there is a fundamental inequity in the decree or it can be proven that fraud or misconduct have occurred. It is difficult to change the property distribution aspects of a decree unless one of the above circumstances can be proven.
On the other hand, a petition to modify a decree regarding support issues can be made if the circumstances of the spouses have changed that require adjustments. For example, child support or periodic alimony payments can be adjusted, child custody issues can be modified and visitation schedules changed to reflect the new circumstances of the parties. An agreement between ex spouses does not necessarily serve as a legal modification of the original divorce decree unless it is approved by the court and made part of the original decree. A discussion with an attorney to discuss the options available will be beneficial in this regard.
