Divorce :: Is an uncontested divorce lawyers for you?

Working with a divorce lawyer in Atlanta is often a kindly view for couples who are considering a break-up. Times have changed over the last few decades, and people have changed fair along with them. Today, many couples are opting for an uncontested divorce when determined conditions can be met. There are some very ample reasons some couples settle this type of divorce over a contested divorce.

Perhaps one of the most favorite reasons couples are choosing uncontested divorces is because this type of divorce can depart through the system very fleet. In many cases, this type of divorce does not require court involvement, or very microscopic involvement. Another reason many couples resolve an uncontested divorce is because in relative terms it is far less expensive than a contested divorce. And the last reason these types of divorces are as current as they are is because they are less emotionally stressful. Couples, generally, are not adversaries when they file this scheme. But there are some conditions that couples must agree to before they can file for an uncontested divorce.

The most indispensable condition is that couples must have agreed to various issues beforehand. These issues can vary but usually consist of division of martial property, division of martial assets, child custody and help issues and other issues that an Atlanta Uncontested Divorce lawyer can define to the couple. If one spouse disputes any of these issues, then the couple cannot file for this type of divorce.

In an uncontested divorce, couples will work out these issues, often with an Atlanta divorce lawyer reveal, and have their agreement drafted into what is known as a divorce settlement agreement. This is a key element to any uncontested divorce as it space forth what each person is responsible for and what they are not responsible for. The settlement agreement, in execute, attempts to determine any and all issues that are novel or that might arise in the future. Because this agreement is so crucial for both parties, working with an experienced divorce lawyer during this phase is primary for the best possible results.

For those seeking an uncontested divorce, or any other type of divorce, consultation with a agreeable attorney is often a ample first step. He or she may be able to define the process, retort questions and befriend in drafting any settlement agreements once the couple has decided how they want to depart with issues such a property division, child custody, etc.

In a contested divorce, one spouse must file a complaint. That complaint is then served by the sheriff to the other spouse. In an uncontested divorce, it is not notable for the law to wait on a complaint on the other spouse as long as the receiving spouse acknowledges the service. This can be very great in keeping couples in a non-confrontational position of mind.

For those considering an uncontested divorce, a consultation with an Atlanta Divorce Law Firm may be the best first step to catch. These professionals can retort whatever questions you and your spouse may have. He or she will also be able to encourage draft up the filing as well as the settlement agreement.

Divorce :: Marital Russian Roulette

First, let me introduce myself. I am an attorney in Pasadena whose practice focuses primarily on matters of Family Law-that branch of law which is concerned with family relationships of all kinds. Specifically, family law encompasses such areas as dissolution of marriage, marital property division, child custody and visitation, children’s rights, child befriend, and spousal help. As you might imagine, in the 18 years I have been in practice, I have become all too familiar with the complexities of human emotion, motivation, behavior and conflict. Since I am not a psychologist, I often refer clients for professional assistance. In the course of my work, I often arrive across situations that designate me with how intense or confused emotions procure played out-sometimes inappropriately-in the factual system.

In my office, one dejected position occurs when a potential client seeks my assist in filing for divorce. The predicament, however, is that covertly this person is not really ready to kill the marriage. The threat of divorce is, rather, a strategic recede. He or she is desperate and perhaps seeking emotional and moral leverage in the marital deadlock. Usually the person has already unsuccessfully tried to pick up the partner to marriage counseling, or the couple has tried counseling, with disappointing results.

So, even though the individual seeking my accurate counsel is not prepared to actually extinguish the marriage, he or she hopes that by filing a Petition for Dissolution of Marriage, the spouse will “wake up” and cooperate somehow. Yet that is rarely the course events bewitch.

From my vantage point, what transpires here is nothing more than a game of “Marital Russian Roulette.” Instead of keen cooperation, filing for divorce usually raises the emotional ante, and the game can and often does-spin out of control. Chances are that the spouse who is served will become offended and defensive, and then in turn stare out accurate counsel of their believe. The unusual attorney retained will be involved in representing him or her in the divorce proceeding-not in salvaging the marriage.

From that point on, the odds are that the moral proceeding will go forward and that the marriage will extinguish in divorce. Regardless of the individuals’ accurate intentions, in the intensity and confusion, the accurate process moves inexorably on. Moreover, since one or both spouses are not really ready to waste the marriage, the proceedings will be all the more costly (not to mention heartbreaking and anguishing) . One or both spouses will do things or cause things to be done during the course of the divorce that will require them to appear in court more frequently than otherwise would have been considerable. Not surprisingly, I ogle that the client who commenced that game of “Marital Russian Roulette” is often the one who is acting out obstructively more during the proceedings.

From my perspective, nothing estimable comes from my taking on such a case. My potential client is not emotionally ready for the process and should be spending their emotional and financial resources on seeking the assistance of someone in the mental health field and not in the factual field. Unlike most of my colleagues, I will not capture on such cases, and always recommend that they behold such counseling. They either need to continue working on their marriage or need to work with someone to find to the point where they are ready to waste the marriage. Divorce is not a game, and in general, the court system is not plot up to facilitate reconciliation.

Divorce Court May Order Parties To File Joint Tax Returns In Michigan

I am a divorce lawyer in the Rochester situation of Oakland County, Michigan. My office is easily accessible to Clarkston, Troy, Birmingham, Lake Orion, Bloomfield, Beverly Hills and Oxford.

When a couple is divorced before the slay of the year, IRS rules prohibit them from filing a joint tax return for that year. When a couple is not divorced by the ruin of the year or if they have not filed tax returns for a year preceding the divorce, the couple may file joint or separate tax returns.

The Issue

Does the divorce court have the authority to compel the parties to a divorce to heed joint tax returns in Michigan?

The Answer

According to Butler v Simmons-Butler, COA No. 321445, November 18, 2014 (For Publication), the reply is yes. This is a published concept which means that it is the law of the land unless the Michigan Supreme Court overturns this decision. There was no certain court decision before this case as to whether a court in this status had the power to order the parties to file joint tax returns. Now it is determined that the court does have this power, however, it must effect specific findings of fact before it may compel the spouses to do so.

This case fervent a bitter divorce in a marriage which the court opened its thought by stating ‘It is an understatement to say that this marriage went downhill mercurial.’ The couple met through an internet based dating company and about one year into the marriage, both of them allegedly engaged in domestic violence. They reconciled but then the wife took the children without the husband’s knowledge and he immediately filed for divorce. During the divorce there were several motions and the court twice temporarily changed custody of the children with the wife being incarcerated for refusing to return the children to the husband after the court ordered the return.

Despite all of the above, the Court of Appeals spent the most time analyzing the court’s decision to require the parties to file amended joint tax returns for the years 2011 and 2012. The court very basically ordered the parties file the amended tax returns and fragment in any liability or refund resulting from the same and ordered the wife to cooperate in the filing of the tax returns. She appealed under the claim that the trial court lacked the authority to order her to file amended returns and she should not be compelled to price the joint returns under penalty of perjury because she would be affirming that the facts the husband states on the returns were lawful.

The appellate court found that when granting a divorce, the trial court has more discretion to fashion relief than it does on any other case, particularly when addressing the division of property. It then analyzed the manner in which some other states have found that the court may do this and other states where it has been decided that the court may not do this. The Michigan Court of Appeals decided that based upon previous case law and the Michigan system that the court has the power to do this under sure circumstances.

It ultimately decided that the court may compel a party to brand a joint tax return where: the parties do not have sufficient assets available for the court to shift in order to obtain up the inequity in tax liability, where there is no history of tax problems with the other spouse, where the parties have a history of filing joint tax returns during the marriage and where the parties agree or the court orders that the reluctant spouse will be indemnified and held harmless by the other spouse for any tax liability.

Summation

I am frankly not surprised by this decision. I have been alive to in cases where the think has ordered the parties to file joint tax returns, but neither party filed an appeal regarding the assert. This has been a practice of the divorce courts in Michigan for some time but now it is officially within the power of the court to do this.