When You Want a Quick and Easy Divorce, Think Uncontested

 If you're looking for an affordable (and peaceful) way to dissolve your marriage, an uncontested divorce might be the answer. While it sounds like an oxymoron, uncontested divorce simply means a divorce where spouses agree on all aspects of custody, visitation, support, property settlement, payment of debts, attorney fees and any other related matters in the case. Uncontested divorces have become increasingly popular as Kansas couples not wishing to fight horrific battles or waste countless hours and money on drawn out divorces seek different options.

If you want to dissolve your marriage, here are some questions to ask yourself about whether you are a candidate for an uncontested divorce.

Have both you and your spouse agreed that your marriage is broken and you both wish to obtain a divorce?

Do you and your spouse have access to and sufficient knowledge about the family's finances, including all martial assets and debts?

Are you and your spouse still able to clearly and calmly communicate with each other?

Do you and your spouse agree on issues regarding parenting, such as child custody, parenting time and holidays?

Do you and your spouse agree on the division of marital assets, debts and other property?

Do you want to save time and money and dissolve your marriage peaceably?

If you answered yes to all of these questions, then you would be great candidates for an uncontested divorce.

One of the main reasons people choose an uncontested divorce over a traditional divorce is because the process is easier and a much more affordable divorce. So what's the process?

The Prevalence and Signs of Drunk Driving

Drunk driving receives a tremendous amount of attention in America. One person's decision to drink and drive can devastate the lives of many. Be a proactive driver against drunk driving by staying informed on drunk driving and being a vigilant driver on our roadways. According to the National Traffic Highway Safety Administration (NTHSA), national efforts to fight drunk driving have brought death tolls down 35% since 1991, an impressive statistic to say the least. However, the latest data available shows that 32,885 people died in car accidents involving drunk drivers in 2010.

Drivers who are repeatedly arrested for driving drunk with a blood alcohol concentration (BAC) of.15 or higher and are resistant to changing their destructive behavior, regardless of tickets, treatment or education, are considered to be hardcore drunk drivers. In 2011, 70% of drunk drivers involved in car crashes had a BAC of.15 or higher. According to the NTHSA, this behavioral trend of hardcore drunk drivers has remained fairly consistent for over a decade. Statistics on hardcore drunk drivers are disturbing. Drivers having a BAC over .15 are 380 times more likely than a sober driver to be involved in a single vehicle fatal auto accident.

 

The younger population is especially affected by drunk driving, with car accidents consistently remaining the number one cause of death for those ages 15-20 years old. The NHTSA reports that 13.3 million young people between the ages of 15 and 20 were licensed and driving in the United States in 2007 (latest data posted by the NHTSA). Among this group of young drivers, 5,148 drivers were involved in fatal crashes in 2009, of which 2,336 drivers were killed. According to the NHTSA, 33% of these fatal accidents involved a driver who had been drinking and 28% of the youths killed in the accidents had a BAC greater than .08.

Hard core drunk drivers and inexperienced young drivers are two populations especially prone to car accidents related to drunk driving. However, these aren't the only populations susceptible to drunk driving. In 2011, alcohol related fatalities accounted for 31% of total vehicle fatalities in 2011. For every 100,000 people in the United States, 3.2 died from an alcohol related car fatality. However, this number is down from 6.3 per 100,000 in 1991.

Driving safely is a major concern for each of us. Be vigilant when you drive. Look for cars that are tailgating, weaving or zigzagging through traffic. A drunk driver may be driving on portions of the road not designated for driving and may either drive slow, erratically or fast. Look for drivers driving across lines and driving with their headlights off or having a slow response time. If you spot a vehicle you believe is being driven by a drunk driver, stay far away from the car. If possible, make note of the license plate and type of car and pull over to call 911.

Frequently Asked Questions For A Family Law Attorney

Because most of the cases they handle include marital discord, family law attorneys are most commonly referred to as divorce lawyers. But like other areas of legal practice, family law is much larger than a single subject. It involves many other domestic matters related to family obligations and disputes. To give you a better understanding of this growing legal field, we've come up with five answers to questions a family law attorney commonly receives.

Is There A Difference Between A Divorce And An Annulment?

When one or both spouses attempt to dissolve a marriage, there are two possible outcomes. The most common one is a divorce, which puts an end to a legal marriage. However, if the court finds that the union was not legally valid, it may just grant an annulment. A legal decree, an annulment treats the union as if it never happened. Bigamy, fraud, or coercion are just a few of the reasons annulment is granted.

What Does Child Support Cover?

When one parent retains primary custody of a child or children, the other parent may be ordered to provide monetary support. Although the custodial parent makes the payments, it can only be used for things the child needs, including:

- Food, clothing, and shelter
- Medical and dental care
- Educational expenses

If the custodial parent uses child support for any other purpose, the non-custodial parent may notify the court.

How Is Alimony Calculated?

Also known as spousal support, alimony consists of regular payments made to a dependent spouse. Since they make more money, a supporting spouse is often asked to pay a certain percentage of his or her monthly income in alimony. The dependent spouse may receive these payments until he/she is either remarried or achieves financial independence.

How Is Child Visitation Determined?

When children are involved, it is up to the court to make a decision based on their best interests. After custody has been established, the ex-spouses can discuss vitiation rights. Experienced attorneys can be invaluable for both sides during this sometimes contentious process. As long as they can come to an agreement, there may be no need to get a court order regarding visitation rights.

Do I Need A Family Law Attorney?

Although it is technically possible to represent yourself in family court, it is very rarely done. Why? In addition to the incredible amount of stress and strain these cases almost always cause, they can also be confusing from a legal perspective. Matrimonial law is not written in stone, so judges tend to err on the side of caution. They often encourage both sides to come to an agreement rather than making a firm decision. As a result, a spouse that does not have legal representation will be at a distinct disadvantage during negotiations, including negotiations of child custody and other important issues.

An experienced family law attorney can help protect your rights and pursue your interests during an emotionally trying time.

Five Good Reasons to Get a Family Law Attorney

Family law attorneys are more than just divorce mediators. These domestic relations specialists also deal with a range of domestic issues, including domestic violence, child custody, child support, spousal support, adoption, and surrogacy.

Divorce

If you've ever known someone who has gone through an ugly divorce, then you know how bad things can get, especially without proper legal representation. In many cases, alternatives such as mediation aren't nearly as effective as having a representative of the law fighting for your rights. Attorneys that specialize in domestic relations are exactly the types of legal experts that you need to fight for your rights should you or your spouse decide to dissolve your marriage.

Domestic Violence

Most people aren't aware that family law attorneys handle cases involving domestic violence. Whether you want to bring charges against your legal spouse or former partner or you want to legally fight allegations of domestic abuse, these types of cases fall under the jurisdiction of a domestic relations lawyer. These legal experts will walk you through the entire process, from filing the restraining order and helping to enforce it, to fighting to recoup any damages or loss that you may have incurred.

Child Custody

In many instances of divorce, there is often a subsequent legal battle over who should have custody of the children. Family law attorneys specialize in handling these types of cases with the intent of helping to place the children in the best possible environment, which should be the most important goal. The lawyers are also there to help ensure that your visitation rights are honored.

Child Support and Spousal Support

Much like child custody, child support and spousal support are often byproducts of a divorce, although they may not always go together. Child support is typically sought by a parent of a minor child in an effort to help with the financial responsibilities associated with raising that child. On the other hand, spousal support, sometimes called alimony, is typically sought by a spouse who is seeking financial independence upon the dissolution of a marriage. Whether you need child support, spousal support, or both, family law attorneys work to get you the most amicable solutions in your case.

Legal Separations

Depending on the family law firm, the attorneys may take on legal separation cases. Often confused with divorce, legal separation is not an end to a marriage, but a court order enabling couples to live separately while remaining married. The court order details the rights and duties of each spouse, allowing both parties to work out any financial, personal, or emotional issues that have had an effect on the marriage. Fairly uncommon, legal separations may entail issues of property division, child custody, child visitation, and spousal support, and the complexity of these conditions and the relevant state laws usually require the expertise of an attorney.

What Are Child Custody Rights?

Child Custody Rights are granted by a family court judge to one or two of the parents, grandparents, step-parents, or legal guardians. In custody cases, the courts usually favor the biological parents.

Custody rights are determined based on the best interests of the children. These rights specify who will have physical and legal custody of the child as well as who will make the payments for child support.

The rights to the custody of a child may be given to only one parent or legal guardian or be shared by both parents. In about 70 percent of cases, primary custody rights are granted to the mother of the child. Fathers are less likely to win custody of their children because of the notion that mothers are better caretakers of children.

About 20 percent of cases award joint custody, in which both parents enjoy an equal amount of custody over their children. In this child custody arrangement, parents are allowed by the courts to divide for themselves the custody rights as long as neglect or abuse is not involved.

Custody rights entail both legal and physical responsibilities of the parents. Legal custody rights allow a parent to make major decisions on things that are involved in his or her children's life such as religion, education, and healthcare. Physical custody rights allow a parent to the child stay with him or her for good.

Barring major disagreements in the wishes of each party, parents can easily determine their rights to custody of their children. However, when both parties cannot reach an agreement, mediation is necessary. Mediation refers to the process that involves intercession of an independent third party to aid parents in making decisions about their custody rights. It can help speed up the process of coming to an agreement of both parties. Once an agreement has been reached and approved by the court, the terms of this agreement can be immediately implemented. If disagreements still ensue, a court hearing will proceed to determine who gets which rights.

During the custody hearings, the judge will consider several factors before making a decision. Usually, courts depend on a psychologist's expert testimony, which evaluates options for custody rights by examining a number of important factors. Some of the factors that a judge looks into include the age of the child, past behavior of the parents at home, preference of the child on who will take care of him or her, stability of the parents' home, the amount of time a parent can devote for taking care of the child, and the parents' ability to finance the child's needs. Children may be invited in the court hearings to testify or to speak privately with the judge.

Preparing for a Child Custody Case

Child custody cases can be grueling for all persons involved. You should make your best effort to resolve custody amicably, either directly with your ex or through a legal or mediation process. Be sure to explore all possibilities for joint custody. You should act exclusively in the best interests of your child, and, toward that end, you should minimize the impact of a contested court case. Even if your child will have no direct part in court proceedings, the tension will undoubtedly impact your child at least in an indirect fashion.

If amicable settlement is impossible, then prepare yourself. You must honestly believe that your having sole custody of your child -- at least physical custody, and perhaps legal custody as well -- is firmly in your child's best interest. As a corollary, you should believe that your ex gaining custody will in some way be detrimental to your child's welfare -- and you should prepare hard evidence to back that up. Don't battle for custody out of spite; you must be objective.

You can be sure that your ex will be formulating similar strategies, so take a long, hard look at your own parenting skills, as a third party might view them. How has your ex, or a best friend or relative, criticized your parenting in the past? Be prepared to field questions in court about any behaviors or specific instances in which your parenting skills could be called into question. If you're still engaging in any activity that could be seen in a negative light, then stop. Be ready to call in witnesses who will confirm that you have modified any negative behaviors or activities.

You must be brutally honest about yourself and your own flaws. No parent is perfect, and your ex will expose every last little blemish in your character, exaggerated or not, in an effort to make that point. After taking such a personal inventory, you may find there is still room for compromise; you can always contact your ex before your court date and try to settle beforehand.

Otherwise, you will need to gather concrete evidence: documents, school records, police reports, doctors' reports, phone logs, bank statements, plus testimony from friends, witnesses, experts, home evaluators, and others. You will need evidence both supporting allegations that you will be making against your ex, and defending against any allegations your ex may be making about you. The evidence should be concise; you don't want to burden the court with an excess of paperwork, or annoy the judge with extraneous details.

It is unlikely that you will survive a custody battle without a lawyer. Your lawyer should specialize in family law, with particular experience in contested custody cases. If you're already working with a lawyer whom you like but who does not have this particular kind of experience, then hire a co-counsel who does. Since custody laws vary from state to state or jurisdiction to jurisdiction, be sure that your lawyer has experience in your jurisdiction; hopefully, he or she will be well familiar with the court where your case will be heard, and with the presiding judge. If your lawyer has a history of success arguing cases before your judge, then you stand a good chance of success as well.

It may be worthwhile for you and your ex to together hire an independent evaluator or mediator to assess your case and make objective recommendations to the court. Even if a mediator can't help you and your ex reconcile your positions, he or she will at least give the court a head start.

Finally, stay calm and focused. Blowing up in court will only harm your cause. Even if your ex exaggerates your flaws or introduces questionable evidence, respond calmly, with hard evidence. Take a "time out" if necessary. And stay focused on your child. You must focus on your child's welfare at all times, and let the court know that you only want what is best for your child.

Child Custody Law

The Judge of the RI Family Court can award either sole legal custody to a parent or may award Joint Legal Custody to both parents. The issue of legal custody is completely independent of the issue of visitation. RI Visitation Rights are beyond the scope of this Rhode Island Law Article. Please Consult with Rhode Island Child Custody Lawyer David Slepkow about the facts of your case.

Sole Legal custody

Sole Legal Custody means that a parent can make all important and major decisions concerning a child's health, welfare and upbringing without consulting with the other parent. These major decisions include religious, educational, medical and general welfare decisions. The parent with sole custody of the child will also have physical placement of the child. The parent with sole legal custody has complete access to medical, educational and other records related to the child.

Joint Legal Custody

Joint Legal Custody means both parents should be involved in major / important decisions concerning a child's upbringing, education, medical and religious welfare. Theoretically, both parents with joint custody have equal rights in making important decisions regarding their child or children. Both parents have full rights to access all medical, educational and other records pertaining to the child. In order for joint Custody to be feasible, the parents must have some level of communication and respect for each other to allow them to co-parent.

Physical Placement - Physical custody

The Court must also award to one parent physical placement of the child or children. Physical placement is where the child will be living on a day to day basis. Physical placement is also commonly known as "physical custody" The parent who does not have physical custody of the child will have reasonable visitation rights. The parent with physical placement of a minor child has the right to receive Rhode Island Child support from the parent who has visitation rights. Child Support is typically determined by the Rhode Island Child Support Guidelines

Shared Physical Placement

Shared Physical placement (Shared Physical custody) is when the child splits time residing with both parents. Shared Physical placement is relatively rare in Rhode Island. In some instances the child may be placed with one parent for half the week and then the other parent the other half of the week. Some parents will alternate weeks or months. This type of arrangement is usually only done by agreement of the parties and is rarely ordered by the Court Absent an agreement.

Split Physical Placement

Split physical Placement is when one child lives with the father and one child lives with the mother. It can also be when the children are split in away so that at least one child lives with a parent and at least one child lives with mother.

If the Parents cannot agree to Legal Custody, Physical Placement or Visitation, then The RI Family court must determine what is in the "best interest of the child" This is very subjective and analytical standard.

It is advisable to contact a Rhode Island Divorce Lawyer or a RI Family Law Attorney to get legal advice concerning the facts and circumstances in your case.

Child Custody Law Overview

The field of family law governs all types of interactions within the family. One area of family law that may be important to many is child custody. Child custody determines the rights of both parents to not only visit with children, but also make important decisions in the child's life. Many people might not be aware that there are two different and important aspects to child custody: legal custody and physical custody. Legal custody refers to the parent's decision-making authority for important decisions in the child's life. Such decisions include education, medical care, and religious upbringing. Physical custody refers to where the child resides.

In many cases, throughout the divorce process, the parents might have come up with their own parental custody agreement. These agreements are typically ratified by the courts, but courts are not bound by these agreements and may reject these agreements. Courts are not bound by parental agreements because the courts have an independent responsibility to determine what arrangement is best for the child's welfare. Allowing courts to have the power to reject parental agreements is important to the court's ability to determine what is in the child's best interest and create custody arrangements that are best for the child.

Parents have two options for sharing care and control of their children. This first option is for one parent to have sole physical and legal custody while the other parent will have visitation, or access, rights. Usually, with sole custody, legal and physical custody will not be split. If one parent has sole custody, he or she will typically have sole legal and physical custody. However, sole custody comes with certain limitations. An example of these limitations is that both parents are prohibited from belittling, or bad-mouthing, the other parent.

The other option is for the parents to share joint legal and/or physical custody. Under joint custody, the time the child spends with each parent is not required to be even. The child may spend more time with one parent and the custody arrangement could still be considered to be a joint arrangement. It is easier for the legal and physical custody to be shared in a joint custody arrangement.

During a child custody battle, parents might not only be fighting amongst themselves, but might also have to defend against third parties who believe that the best interests of the child include that third party having custody. In this situation, biological and adoptive parents have superior rights to all third parties. This includes grandparents or other family members, step-parents, a nanny, or the state. Also, there is a presumption that parents are fit. In order for the state, or a third party, to gain custody of a child, that third party must show that the parents are unfit as parents. When determining custody, the court's main goal is to promote the arrangement that is in the best interest of the child.

Once a custody arrangement is in place, a modification of that arrangement is hard to come by. During a custody modification, courts still seek to promote the best interest of the child. However, the party seeking to modify the custody arrangement must not only show that the modification is in the best interest of the child, but must also show that there has been a material and substantial change in circumstances.

What Are Child Custody Rights?

Child custody rights are granted by a family court judge to one or two of the parents, grandparents, step-parents, or legal guardians. In custody cases, the courts usually favor the biological parents.

Custody rights are determined based on the best interests of the children. These rights specify who will have physical and legal custody of the child as well as who will make the payments for child support.

The rights to the custody of a child may be given to only one parent or legal guardian or be shared by both parents. In about 70 percent of cases, primary custody rights are granted to the mother of the child. Fathers are less likely to win custody of their children because of the notion that mothers are better caretakers of children.

About 20 percent of cases award joint custody, in which both parents enjoy an equal amount of custody over their children. In this child custody arrangement, parents are allowed by the courts to divide for themselves the custody rights as long as neglect or abuse is not involved.

Custody rights entail both legal and physical responsibilities of the parents. Legal custody rights allow a parent to make major decisions on things that are involved in his or her children's life such as religion, education, and healthcare. Physical custody rights allow a parent to the child stay with him or her for good.

Barring major disagreements in the wishes of each party, parents can easily determine their rights to custody of their children. However, when both parties cannot reach an agreement, mediation is necessary. Mediation refers to the process that involves intercession of an independent third party to aid parents in making decisions about their custody rights. It can help speed up the process of coming to an agreement of both parties. Once an agreement has been reached and approved by the court, the terms of this agreement can be immediately implemented. If disagreements still ensue, a court hearing will proceed to determine who gets which rights.

During the custody hearings, the judge will consider several factors before making a decision. Usually, courts depend on a psychologist's expert testimony, which evaluates options for custody rights by examining a number of important factors. Some of the factors that a judge looks into include the age of the child, past behavior of the parents at home, preference of the child on who will take care of him or her, stability of the parents' home, the amount of time a parent can devote for taking care of the child, and the parents' ability to finance the child's needs. Children may be invited in the court hearings to testify or to speak privately with the judge.

Child Custody Made Easy helps parents facing a child custody case deal with the painful battle. We are a group of experts and legal professionals and we provide professional and legal information on child custody, child support, visitation rights, parenting agreements, helping children during divorce and more.

Child Custody Law Overview

The field of family law governs all types of interactions within the family. One area of family law that may be important to many is child custody. Child custody determines the rights of both parents to not only visit with children, but also make important decisions in the child's life. Many people might not be aware that there are two different and important aspects to child custody: legal custody and physical custody. Legal custody refers to the parent's decision-making authority for important decisions in the child's life. Such decisions include education, medical care, and religious upbringing. Physical custody refers to where the child resides.

In many cases, throughout the divorce process, the parents might have come up with their own parental custody agreement. These agreements are typically ratified by the courts, but courts are not bound by these agreements and may reject these agreements. Courts are not bound by parental agreements because the courts have an independent responsibility to determine what arrangement is best for the child's welfare. Allowing courts to have the power to reject parental agreements is important to the court's ability to determine what is in the child's best interest and create custody arrangements that are best for the child.

Parents have two options for sharing care and control of their children. This first option is for one parent to have sole physical and legal custody while the other parent will have visitation, or access, rights. Usually, with sole custody, legal and physical custody will not be split. If one parent has sole custody, he or she will typically have sole legal and physical custody. However, sole custody comes with certain limitations. An example of these limitations is that both parents are prohibited from belittling, or bad-mouthing, the other parent.

The other option is for the parents to share joint legal and/or physical custody. Under joint custody, the time the child spends with each parent is not required to be even. The child may spend more time with one parent and the custody arrangement could still be considered to be a joint arrangement. It is easier for the legal and physical custody to be shared in a joint custody arrangement.

During a child custody battle, parents might not only be fighting amongst themselves, but might also have to defend against third parties who believe that the best interests of the child include that third party having custody. In this situation, biological and adoptive parents have superior rights to all third parties. This includes grandparents or other family members, step-parents, a nanny, or the state. Also, there is a presumption that parents are fit. In order for the state, or a third party, to gain custody of a child, that third party must show that the parents are unfit as parents. When determining custody, the court's main goal is to promote the arrangement that is in the best interest of the child.

Once a custody arrangement is in place, a modification of that arrangement is hard to come by. During a custody modification, courts still seek to promote the best interest of the child. However, the party seeking to modify the custody arrangement must not only show that the modification is in the best interest of the child, but must also show that there has been a material and substantial change in circumstances.

If you have legal questions about child custody, you should get legal help.