Cost Of Divorce

Many people today are seeking to save money in many ways and that includes during a divorce filing. The Do it Yourself Divorce Kit is becoming more popular, and although they substantially cheaper than hiring a divorce lawyer, they are not beneficial for everyone. In fact, many states actually limit their use to specific circumstances even if the couple comes to a mutual agreement about ancillaries. This is possibly because judges know there is always the potential the couple will later regret their decision and need to come back into court with a divorce lawyer, a decision that will be less amicable the second time around.

It is advisable—and often required--for a divorcing couple to use a divorce lawyer if they fall into one or more of the following categories:

• They have children together
• They own real estate
• They have an interest in a family business
• They own a home-based business
• They have assets and liabilities that must be valued and distributed
• They have been married for a long period of time where the wife has never worked outside the home thus has no assets of her own

Even under the above circumstances, couldn't a divorcing couple still save money by filing the divorce themselves instead of hiring a divorce lawyer? One of the problems that may occur here is that one of the parties may agree an item just to get the divorce over quickly but may later regret the decision. Certainly they have agreed in writing, but that does not preclude each party from hiring a divorce lawyer at a later date in order to revise their original decision.

While you may think you know the law and all of the provisions, this is not always the case. It may seem easy to avoid the cost of hiring a divorce lawyer even if you have children and property, but the reality of it is there are many factors that play roles in the valuation of property, child support and visitation. For instance, the husband may agree to child support payments that are much higher than the court would set in order to make a clean break—he later finds the payments are strapping him financially and will seek the advice of a divorce lawyer in order to revise those payments. They may originally agree on a liberal visitation schedule which one of the parties later seeks to revise because of conflicts or other issues.

The biggest issue in a do it yourself divorce is property valuation and distribution, especially for couples who have been married for a long time and may have substantial investments in CDs, retirement funds, 401K Plans, savings, and real estate. These couples may also have a substantial amount of debt as a result of some of their investments, and as such it is essential to hire a divorce lawyer in order to obtain a proper valuation and equitable settlement. While hiring a divorce lawyer doesn't eliminate the possibility of later revisions, you will at least reduce the potential. Only those couples who have no children and no property should attempt to use a do it yourself divorce kit.

Article Source: http://www.articlesbase.com/divorce-articles/do-it-yourself-divorce-kits-cheaper-but-lack-the-benefits-a-divorce-lawyer-offers-4891126.html

Christy Oconnor is a divorce lawyer specializing in divorce, child custody, divorce settlements and the like.

Visit her site: http://www.real-estate-yogi.com/divorce-lawyer.html

This article explains the Rhode Island divorce process from pre- filing considerations through trial including Rhode Island divorce law strategy.

Finding a Rhode Island Divorce attorney/ lawyer

The first step in obtaining a divorce from your spouse is finding a Rhode Island attorney who you are comfortable with. Many attorneys give free initial consultations while others charge for the first consult. I have always taken the position that the initial consultations will be free.

It is important to ask the proposed lawyer about his or her experience and qualifications to handle your case. It is also crucial to determine the hourly charge and the amount of any initial fee or retainer. Article By David Slepkow (401-437-1100)

Cost of Rhode Island Divorce

It is often impossible to determine how much a divorce will cost from beginning to end. However, it is a good idea to get an educated estimation of the eventual fee. This will never usually be more than a estimation because the cost of the divorce usually depends on several factors. Those factors could include how quickly a settlement is reached, the number of motions that each party will file, the amount / nature and complexity of assets to be equitably divided, the amount of documents involved in the case, the animosity of the parties to each other, the waiting time while you are in court and many other potential issues.

The Golden Rule is that the longer it takes to reach a settlement the more the divorce will cost because the lawyers will spend a lot more time working on the case. If there is no settlement and the case goes to trial or the day of trial, the divorce could get very expensive. If everything is agreed or nearly agreed to and the parties are relatively amicable then the divorce should take a lot less time and therefore be much less expensive.

Uncontested divorces in Rhode Island should be much less expensive then contested divorces. However, there are many different types of uncontested divorces. There are uncontested divorces with no real assets and uncontested divorces with assets to divide. If the divorce is uncontested and there are assets then the lawyer may need to prepare a property settlement agreement, deeds, qualified domestic relation orders etc. Therefore, the cost of an uncontested divorce could vary depending on the circumstances. For example if a lawyer has to draft a property settlement agreement , the lawyer will devote more time to the case.

I believe that a fair price for an uncontested divorce from soup to nuts in Rhode Island with no assets and no property settlement agreement is about $800 flat fee plus costs. The typical costs are a filing fee of $100 and service of process fees of approximately $40.

Intake process and drafting Rhode Island divorce Documents

After you have retained the lawyer there is typically an intake process in which the lawyer gets the basic information so that he or she can properly represent you. The lawyer typically drafts the divorce documents and you sign them in front of him/her or another notary. These documents include a divorce complaint, DR(6) financial statement, statement of children of the marriage, counseling statement, report of divorce, summons and automatic divorce order etc. It is important that the DR6 form otherwise known as financial statement is accurately filled out.

There are many important decisions that may need to be made before you file for divorce in Rhode Island. Strategy is crucial in many instances!

Should I file a motion for temporary Orders in RI?

In some cases, the attorney will file a motion for temporary orders when the divorce complaint is filed. A motion for temporary orders should be filed if the husband or wife is in need of temporary resolution of issues while the case is proceeding. These temporary motions typically request temporary child support, payment / contribution to daycare , contribution to medical bills, alimony, payment of household expenses, payment of the mortgage, taxes and insurance.

A motion for temporary orders can also address child visitation and child custody issues related to the minor children as well as issues concerning exclusive use and possession of the marital home. The temporary motion can also request temporary orders concerning: restraining orders both financial and personal and a myriad of other temporary issues. The motion for temporary orders will typically be heard by the Court within 30-40 days of the filing of the complaint for divorce.

If no temporary orders enter then there is no legal obligation of a spouse to pay anything while the case is proceeding until there is a decision by the judge or the parties sign a property settlement Agreement. If there are no temporary orders, the financial issues, visitation and custody issues will be up to the parties to figure out while the case is proceeding without the benefit of a court order.

Should I file an emergency motion in A Rhode island divorce?

If there is an emergency in which irreparable harm will be caused if the party has to wait for a court date, then an emergency motion should be filed with the complaint. An emergency motion must either be verified under oath or be accompanied by an affidavit. The attorney will bring the emergency motion to the proper judge and ask for an ex parte order. Ex parte means that the other side is not present to object. The Rhode Island judge will only consider the affidavit and documentation before him. If the judge signs the emergency order than it will be served on your spouse by the constable along with the divorce complaint.

These types of emergency motion typically deal with issues concerning abuse of a child, dissipation or unreasonable spending of marital assets, domestic violence, child abuse or a plethora of other potential emergencies. If there is domestic violence involved in which you are in imminent fear of physical harm or have been abused or threatened with abuse please discuss with the attorney the benefits of filing a separate case called a Complaint Protection from Abuse! Please note that the Complaint Protection from Abuse is very different from an Emergency motion.

The timing of whether the divorce or Complaint Protection from Abuse case is filed first or whether they are filed simultaneously could be crucial to your case.

If an emergency motion is granted and emergency orders enter then a hearing will be set approximately 20 days to determine if the order should stay in effect while the divorce case is proceeding. At that hearing your spouse has an opportunity to contest the motion and tell his or her side of the story. At that hearing, the Court will determine whether the emergency relief will stay in effect while the divorce case proceeds.

Nominal or Contested Track?

When a Rhode Island divorce is filed, the case is put onto one of two tracks, the contested track or the nominal track. The Plaintiff in their initial divorce filing designates the track they desire. The vast majority of divorces filed in Rhode Island are placed on the nominal divorce track. A designation on the "nominal track" does not necessarily mean that the divorce will be uncontested. It usually means that the party who filed believes that the case can be settled relatively quickly or wants the divorce to be settled relatively quickly.

Answer to Divorce Complaint

The defendant must file an answer to the divorce within 20 days of service and absolutely no later than the nominal court date or any motion date. If the Defendant does not answer the case he is subject to being defaulted. A default is when the defendant does not answer the case on a timely basis and the Plaintiff will usually get all of the relief that he or she requests.

Nominal divorce

If the case is put on the nominal track then the clerk will automatically set a nominal divorce hearing upon the Plaintiff filing for divorce. This hearing will typically be scheduled from 65-70 days after the Plaintiff files. In the event that the divorce is not settled by the nominal divorce date then the case will automatically be changed to the contested track

If the matter is not settled by the nominal court date and both parties want to try to resolve the remaining issues in court and believe it is possible to resolve the remaining issues, then the parties can attempt to settle the case in the hallway or conference rooms in the courthouse and put the case through as a nominal uncontested divorce on that date.

If the defendant has not filed an answer, it is dangerous for the defendant to not appear in court at the nominal court date based on representations made by the other party .

I have seen numerous occasions when a souse has assured the other party that it is not necessary to appear in court and not necessary to file an answer and the defendant is defaulted and the other spouse gets 100 percent of the assets of the marriage.

On the date of the nominal divorce hearing, at the call of the calendar, the case will be either ready nominal or the parties will ask the judge to hold the case so they can try to resolve the remaining issues. If the parties cannot resolve the remaining issues they will inform the Court clerk or the judge that the case cannot be settled and the case track will be changed to the contested divorce track. If the case track is changed there will be no hearing that date and the court will inform the parties of the next pretrial conference date.

If the parties ask the clerk to hold the matter they will usually get a substantial amount of time to negotiate the remaining issues in the hallway. Upon settling all the remaining family law issues which may include issues of property division, child support, child custody, child visitation, alimony, contempt issues, restraining order issues etc the clerk should be informed that the case is now ready nominal. At that point the clerk and judge will put you back on the list of cases ready for the nominal hearing

Pursuant to Rhode Island General Law a divorce cannot be resolved without a nominal divorce hearing. At the nominal divorce hearing certain testimony must be elicited in order for the divorce to be granted. In some circumstances, it is necessary to have witnesses to briefly testify. If you don't have the required witness your case could be delayed or even dismissed and you may waste your time attending court.

For a detailed explanation of whether or not you must have witnesses to testify on your behalf and the residency requirement for filing a Rhode island Divorce please go to my Ezine article ""Rhode Island Divorce Law FAQS How Long Until It's Over? Residency Requirements & No Fault Divorce." EzineArticles 14 March 2007. 15 July 2007 .

Most Rhode Island divorce and family law attorneys have done these nominal hearing hundreds of times. It is a very bad idea for a person to represent himself or herself in a divorce! As the old adage goes a person who represents themselves has a fool for a lawyer. Since everything you have worked so hard for is on the line it is foolish to go through the Rhode Island divorce process without Rhode Island divorce and family law lawyer.

If the case was originally placed on the contested track calendar, then the clerk did not schedule any automatic nominal court date. If the case later becomes settled then the parties can ask the clerk for permission to come on a particular date for the nominal divorce hearing. Otherwise the parties can wait for a motion date or the pretrial date to do the nominal divorce hearing.

Discovery in RI Divorce. How do I get information about my Spouse?

After the divorce is filed the Plaintiff and or the defendant can at their option proceed with "discovery". Discovery in general is the process by which the parties get information or admissions from the other party. Discovery is most important and perhaps crucial in a case when a spouse is unaware of the nature and extent of the marital property and estate. Discovery can be also useful to obtain documents or other tangible evidence that is needed for settlement or trial.

The Rhode Island discovery process also can be used to obtain admissions of certain allegations. While it is unethical and perhaps immoral for a person to lie about cheating or an affair to their spouse it is not illegal or criminal for a person to lie to their spouse about an affair. If a person lies under oath either in testimony or in a written document under oath they may be committing the crime of perjury.

Also if a judge believes a party is lying under oath there could be stiff sanctions and penalties including a referral to the attorney general for prosecution. However, in reality, most incidents of lying in family court are not prosecuted as crimes. Many attorneys use request for admissions or interrogatories to force the other party to state under oath whether or not they had an affair and the extent and details concerning the extra-marital affair / cheating/ infidelity.

There are several discover mechanisms that can be used: interrogatories, request for production of documents, request for admissions, depositions, subpoena duces tecum, subpoenas etc.

Interrogatories-what are they? are they worth the time and effort?

Interrogatories are written questions that a party may sends to the other party. Each side is allowed up to 32 interrogatories. Interrogatories can be helpful in obtaining lists of assets, allegations that will be made by your spouse or other useful information. This information requested can run the gamut from child support to marital infidelity and may include: child custody issues, child visitation, drug and alcohol abuse, gambling addiction, alimony, health insurance issues, real estate issues, estate planning and trust issues, personal injury claims, domestic violence / restraining orders, criminal history, valuation of assets, mental health history and any Rhode Island family law issues.

Interrogatories must be answered in the time frame set by the Rhode island domestic Court Rules. Interrogatories are usually partially written and also reviewed by your husband or wifes' lawyer. Therefore, while a valuable tool there are some limitations to the usefulness of the information received.

Request for Admissions

Requests for admissions when used appropriately can be a powerful discovery tool in a RI divorce. Request for admissions are written requests usually prepared by the attorney, which the other party must reply within a short period of time. If the party does not reply to the request for admissions within the applicable time the allegation will be deemed admitted.

Should I take the Deposition of my spouse in a RI Divorce?

A Deposition is when a party usually through their lawyer can ask their spouse questions under oath in front of a court reporter. In Rhode Island family Court, a party must obtain leave of court / permission from the court in order to take a deposition. Motions to take deposition of the other party are almost always granted by Family Court Judges. Depositions are powerful yet expensive discovery tools. A deposition usually is effective because the attorney can ask the other party questions face to face. The attorney can ask follow up questions and can ask questions in different ways. This is particularly effective if a party is being evasive or less than forthcoming. There is very little the other attorney can do to help their clients answer the questions during a deposition.

Depositions are very expensive because the Court reporters transcript could cost several hundred dollars. Also the attorney doing the deposition will need perhaps several hours to prepare for the deposition. Also both attorneys will need to attend the deposition, which could take up to several hours. Depositions are usually better ways to get information about sensitive topics then interrogatories.

Request for Production of Documents

Request for production of documents is a list of requested documents that must be responded to within the applicable time period. I find this discovery tool to be particularly successful in obtaining documents and records concerning: pension plan documents, 401k records, retirement accounts, health insurance records, stock accounts, estate planning documents, bank statements, real estate documents etc.

Subpoena

A Subpoena Duces Tecum can be very effective in obtaining documents from third parties such as bank records, stock records, employment and wage records and other documents.

The third part of this three part series which is coming soon addresses preparing for a Divorce trial to the actual divorce trial to the entry of Final Judgment

Trial

If a case cannot be settled, the Court will send the parties a notice of a pretrial conference. At the pretrial conference the Judge may make some effort to help the parties settle the divorce. If the case is not settled then the judge will schedule the matter for a trial.

Article Source: http://www.articlesbase.com/law-articles/rhode-island-divorce-from-soup-to-nuts-by-a-ri-attorney-1202991.html

David Slepkow is a Rhode Island (RI)Lawyer / Attorney concentrating in divorce, family law, restraining orders, child support, personal injury law, car / auto / automobile accidents, slip & fall, child custody, criminal law and visitation. David has been practicing since 1997 and is licensed in Rhode Island, Massachusetts and Federal Court. Free initial consultations. Credit cards accepted. You can contact attorney David Slepkow by going to Rhode Island Divorce, Family Law & Personal Injury Lawyer, For a complete list of RI law articles written by Rhode Island Attorney David Slepkow, please visit: Rhode Island Law Articles Also please visit: Rhode Island Personal Injury Lawyer,

Introduction

With the forthcoming implementation of new family proceedings rules the overhaul also include one other aspect: mediation.

Mediation is one of the alternative dispute resolution (ADR) process; the others being negotiations, arbitration, and collaborative.

From 6th April divorcing couples would be encouraged to use alternative to going to court and required to undergo a compulsory mediation session and if the couples insist on litigating they will be required to produce evidence of their mediation session before the court accepts the case.

It is envisaged that in most of the cases the mediation may be appropriate but at the same time where the mediation may not be appropriate and the mediation may merely create more animosity leading to long drawn out legal battle. For example, the rules do acknowledge that in cases involving domestic violence or child protection the mediation cannot work and therefore in these cases the evidence of mediation would not be expected.

It is being claimed by the Justice Minister Jonathan Djanogly that mediation was "a quicker, cheaper and more amicable alternative" to the over-worked family courts. However, Sir Mark Potter, the former president of the Family Division, in a BBC interview examines the impact of a curtailment of legal aid for divorce cases and the "practical difficulties".

So we have to wait and see what the government expects and what happens in practice and only time will tell.

So what is mediation?

Mediation can be defined as a process in which an impartial third person assists those involved in dispute to communicate with each other and to reach their own agreed and informal decision about some or all of the issues arising out of the dispute.

The mediator can talk to both parties separately and attempt to also talk to them together, ask questions that help them to understand differences, assist them to understand the issues, options for reaching a settlement.

Mediation is an alternative to court proceedings and in the court proceedings it is the trial judge making the decision.

It is imperative to clearly understand what mediation is and distinguish it from other concepts that are employed in dispute resolutions between parties, that is:

a. Mediation is not reconciliation.

Reconciliation is to bring the parties together. The aim of mediation is not to bring the parties together but the process of mediation may lead the parties to reconsider their position and focus on the issues that had led the breakdown of relationship and as such there exists possibility of reconciliation.

b. Mediation is not Arbitration

Arbitration is where the parties have referred the dispute to a third party (arbitrator) to reach an equitable decision. In mediation the mediator does not make a decision but merely assist the parties to reach a settlement.

c. Mediation is not conciliation

Conciliation according to Oxford English dictionary is "to gain goodwill by acts which induce friendly feeling". It a process where the one of the party concedes on one issue as a goodwill gesture thus leading the other party to do so in the hope of reaching a settlement. It is very one of the tools, and quite effective, that the mediator employs during the process of mediation.

d. Mediation is not Collaborative

Collaborative form of dispute resolution is the newest form of dispute resolution and is being pushed as an alternative to litigation whereas it is merely another step of formalized part of the litigation and court systems – it is litigant variant that happens to rely on attitude and process of ADR.

In collaborative divorce each party has a legal representative, trained in the process, and mutually agreed experts who facilitates the resolution process within specifically defined terms, lawyers are not neutral. It is being advocated that Collaborative divorce is cheaper than going to court, perhaps it is but it could turn out to be another layer of costs in the final bill of solicitor's costs if it fails to achieve the desired settlement.

Conclusion

Having considered the various forms and mediation in settlement of dispute context I as always would advise that however sad the fact may is that the marriage is ending in divorce the actual process of separating and divorcing is simple straightforward for the couple to complete the task themselves, without solicitors costs, for a little over £400 in Court fees. And of course, if you do require professional help there are low cost alternative to solicitor's costs. In conclusion as I always stress the point that there is no better solution but to amicably settle the differences, come to an agreement in the interest and welfare of children and the costs saved could be better expended on other important costs of rebuilding life and two households.

Article Source: http://www.articlesbase.com/law-articles/mediation-alternative-dispute-resolution-divorce-proceedings-and-low-cost-alternatives-4316541.html

I was called to the Bar in 1996 and I am currently employed in a firm of solicitors in England in addition I have an office in Pakistan. I have substantial experience in family commercial law in both English and Pakistani jurisdictions. Further, having been involved with businesses am conversant in company law. If you are involved in family dispute that involves cross border issues there are number of other articles on www.mohammadshafiq.com or can email to shafiq@mohammadshafiq.com and I will see how I can help you.

In today's society, with the constraints and pressures of everyday life why should obtaining a divorce have to make everything grind to a halt? The answer is simply it shouldn't and doesn't have to. Thousands of people every month throughout the UK are seeking ways to reduce the amount of time it takes and the costs involved in obtaining a divorce and turn to online divorce specialists such as Fasttrack Divorce to assist them in this process.

To break this down, by using an online divorce company the average divorce can be completed in just 12 weeks and cost (excluding courts fees) from as little at £37 in comparison to a high street solicitor's service where the average divorce takes up to 18 months and the cost of the divorce can be in excess of £1,000 (excluding court fees). There are many reasons why this is usually the case but here are the main points for you to consider;

If the online divorce company charges an upfront fee inclusive of VAT only (and you must check that this is the only fee due to them i.e. there are not other costs) then they are unable to add additional cost on to your divorce later on in the process, in comparison to a high street solicitor who will generally charge you for consultations, correspondence and additional advice. Building these charges into the divorce process makes your case profitable for a high street solicitor and fees can escalate quickly, however for the online divorce company it is their objective to complete your case as quickly as possible as they have already taken their fee and are unable to build in additional charges.

By using a high street solicitor their focus may be on many different aspects of law not just divorce. To make sure your case is completed as efficiently as possible you should look for a Divorce Solicitor who is experienced in handling divorce cases - in fact my advice is that they should be a specialist in this area, meaning it's the only work that they do. The courts can be extremely particular in what they receive throughout the process and the slightest mistake can add weeks onto your divorce and can also result in additional court and solicitor fees.

And finally ease of access to updates and developments on your case is also a crucial thing to consider. A high street solicitor will usually only be contactable during office hours and an appointment will usually need to be made and at a cost! Meaning you will probably have to take time off work and of course pay for their fee; whereas a good online divorce company such as Fasttrack Divorce will provide you with 24 hour access to their case management tracking system where you can manage your divorce effectively from the comfort of your own home at a time suitable for you. It is also import to have a dedicated point of contact that you can speak to or liasie with via email and that no fees are charged for this service, Fasttrack Divorce provide this free of charge.

There are of course many other benefits that can be listed but I believe that these are the most important things to consider helping save you time and money when going through a divorce. If you and your spouse are both in agreement and ready to move on surely the fastest, simplest and most cost efficient route is the best option.

Start your divorce proceedings today by visiting Fasttrack Divorce and use a tried and trusted service that thousands of other people in the UK have already used to successfully obtain their divorce.

Article Source: http://www.articlesbase.com/divorce-articles/divorce-online-the-benefits-of-using-an-online-divorce-company-3709997.html

Fasttrack Divorce is the UK's Leading online Divorce Company. We help thousands of people obtain their divorce in the quickest, simplest and most cost effective way every month. We provide support and guidance throughout the divorce process.