Free Law Information Blog

A last will or testament is a document by which a person arranges for the distribution of his or her property and possessions after her death. Family members have the legal rights to property of a person but a person’s will is always respected whether he wants to leave his money to them or some acquaintance in Timbuktu. The will and testament regulates others’ rights over one’s property and family after one’s death. Read the rest of this entry »

Paying child support is a tremendous responsibility. The payments that are made are distribute to the custodial parents to ensure that their children have what they need to live a comfortable life. There are many cases today being open for establishing child support so the custodial parents may receive assistance from the non-custodial parent in supporting their child/children. There are several things you must do as a custodial parent before you receive child support payments. One, you must establish child support, second, you must locate the non-custodial parent, and if the non-custodial parent refuses to acknowledge the child you must have a paternity test performed. Read the rest of this entry »

In the state of Tennessee to dissolve a marriage without the other parties consent requires that you have grounds to divorce. Certain states have true no-fault divorces that don’t require one party to prove grounds. Grounds are a reason recognized by the state of Tennessee that they will allow you to get a divorce for. They range from adultery, abandonment, to a catchall inappropriate marital conduct that can include a variety of behaviors that it is “inappropriate” for one married person to do to another. Tennessee code section 36-4-101 sets out the fifteen grounds. Among those ground is one called “irreconcilable differences”. Read the rest of this entry »

Today

• Don’t panic - best decisions are made with a cool, calm head * Sit down, relax, and read the divorce papers several times. * Don’t call your spouse in anger - no contact is best for now. * Read up on divorce - knowledge always helps take the fear away. * When you finish the above steps, take a short break and then read all of the divorce papers again until you thoroughly understand what is ahead. * If you have children, do not draw them into the conflict. This is best for your children and will put you in the best position to win custody. * You have 20 days from the date you received the summons to send an answer. * If possible, take tomorrow off and devote some thought to the situation.

Tomorrow
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In most states, a court’s decision about child custody during a divorce used to be simple to make. The judge would give custody to the mom. The dad got alternating weekend visitation. Now, custody decisions are drastically more complex. Many states have adopted a standard called “best interests of the child.” Judges are required to weigh a list of factors to determine which parent is the proper custodian of the children. The level of complexity in custody decisions has drastically risen and decisions are no longer clear-cut.
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1. Become educated on all aspects of Divorce. Reading the various websites available on divorce is an excellent start. Read every document available. Complicated subjects always deserve a second reading. Then, read your State Statutes on divorce. You will find they are written in almost-plain English and are understandable to the average person. State Statutes can be found by entering your state and the word statutes in most search engines. Look for anything that sounds like “marriage” or “domestic relations.”

2. Buy books on Divorce. Generic divorce books are a good start and will give you a good overview. But they will not completely do the job. Every state has different laws and requirements for divorce. So you need to look for a divorce book that specializes on your state divorce laws. Check local bookstores or online bookstores. But be aware: laws change and books become quickly outdated. That will not present a problem as long as you use the book for general education.
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Legal Aspects of Domestic Relations

Domestic relations law covers the dissolution of marriages through divorce or annulment. Divorce can be a difficult time for people both emotionally and financially. Obtaining consultation regarding domestic relations laws is one way to take some of the stress out of an already complex and emotionally tense situation. Each state has unique laws and consulting a professional family law attorney or legal aid representative will enable parties going though a divorce or other marriage dissolution to fully understand their rights and responsibilities. While the separation of a marriage is never pleasant, understanding the legal proceedings can simply the process.

Court Proceedings Involved in Domestic Relations Law
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Wills are legal documents that a person uses to declare how he or she wishes his property to be disposed of when he or she dies. In most cases wills are written out, signed and attested to, or more commonly known as witnessed to. In the past, the law stated that wills could only dispose of real property, or land, and a testament disposed of personal property. Today, wills are referred to as the last will and testament and it deals with both real and personal property.

There are various types of wills that people could have. One such will is a joint will. More than one person with each testator executes this will, as the person who makes a will is called, leaving his property to the survivor or to other persons. The second type of will is a mutual will. Mutual wills the testators agree that each shall be the beneficiary under the other’s will.
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People ask whether a California “Easy Divorce” is possible. Sure it is - when both parties will work together to expedite the process. A California “Easy Divorce” will not be completed when the husband or the wife wants to dispute any of the issues. Just like other states, California has set rules that have to be followed before you can get a divorce. This fact is unavoidable. Clients ask, how is it possible for one spouse to impede a California “Easy Divorce”? They can do so by arguing about issues, such as grounds for divorce under circumstances where grounds are required to be agreed on, or by choosing to dispute issues such as (a) what property to divide, (b) who the children will live with & how custodial time will be divided, or (c) how to determine if alimony ought to be given the situation.

All issues that have to be addressed prior to getting a California divorce can also be argued about. So, if you or your spouse wants to delay & halt an “Easy Divorce”, it can be done.
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