Wednesday, May 28, 2008

Divorce Rates Around The World

An often cited statistic heard on talk radio is that half of the marriages in the United States end in divorce. But what does that divorce rate statistic really mean?

Anna And Betty

Take two sisters, for example: Anna and Betty. Anna has been happily married to her first husband for ten years; after two failed marriages, Betty is happily married to her third husband. There are four marriages between the two of them, and their divorce rate is 50%.

Consider Anna's and Betty's husbands, Al and Bill, each of whom has been married one time. Among the four of them, three of these individuals have a divorce rate of 0%, and one of them has a divorce rate of 66%. Sixty-six divided by four is only 16.5, so it can also be said that their divorce rate is 16.5%.

Before Betty remarried, she was zero for two: two marriages and two divorces. At that time, her divorce rate was 100% -- or was it 200%? As you can see, statistics can be interpreted several different ways, depending on the context in which data is viewed.

Global Numbers

One way to look at divorce rates, and to compare the rate of failed marriages in the United States to other countries in the world, is to look at the number of divorces among 1,000 people. Applying this statistical sampling method to our example, we would compare Betty's two divorces to the number of people in both Anna's and Betty's families. Counting Anna, Al, Betty, Bill, Anna and Al's two children, Art and Alden, and Betty's son from her second husband, Bob, the divorce rate comes to 28% using that example.

Using the rate of divorces per 1,000 people, the United States has a divorce rate in 2000 of just 4.1%. That number sounds low compared to the 50% rate advertised by some anti-marriage talk radio hosts, but it actually is quite high compared to other nations.

What nations have similar divorce rates? Only one country, Russia, has a higher rate of failed marriage than the United States. The rate in Russia is 4.3%, and the rate in the Ukraine is 4%. Interestingly, the rate in Cuba, another communist country, is 3.54%.

Even U.S. territories have relatively higher rates of people who get divorced than most other countries. The rate in Puerto Rico is 3.82%; in Guam, it is 4.34%. Contrast these rates with France (2%), Ecuador (.73%), and Canada (2.28%).

Statistics can be fun to read and wonder about, but what do they really mean? It's up to each of us to decide for ourselves.

Tuesday, May 27, 2008

The Final Reality: Divorce Property Settlement

If and when married couples decide to dissolve their matrimonial union, much pain and anguish associated with this decision. Some of this pain can be emotional, physical, and mental. This torment can be attributed to the fact that the original intentions of marriage incorporate such commitments as loving, honoring, working through sickness and health situations and not allowing anything to dissolve the marital union except death.

Also, one additional pain that can be associated with divorce is financial pain. This financial pain is due to the fact that possessions and financial strides that have been made as partners now need to be divided as well. Therefore, it is important to understand about divorce property settlement, protecting the interests of all involved and the pitfalls associated with a divorce property settlement.

What Is Going On Here?

A divorce property settlement is an arrangement that occurs when the assets of the divorcing couple are divided. This process can take place in a courtroom, can be done by an arbitrator or can be accomplished fairly between the divorcing couple themselves.

Specifically, if the interested parties cannot come to terms in regards to a settlement, a court-appointed arbitrator may be assigned to help facilitate an agreement between the two parties. If an impasse is experienced, then the judge will preside over the case and make a judgment in regards to the divorce property settlement.

Protecting The Individual’s Interests

Generally a divorce property settlement is defined as each of the separating entities receiving a 50-50 split of the couple's assets. However, there may be extenuating circumstances in that one of the divorcing partners may have been abusive, unfaithful or exhibited some other untoward behavior. If such behavior is brought to light during the settlement proceedings then there may be a more differentiated split of the assets between the divorcing couple.

Pitfalls

As with anything, there can be many pitfalls associated with a divorce property settlement. First of all, because of the emotion involved, one of the individuals may be extremely vulnerable. Therefore, it is of extreme importance that proper representation be achieved so that an advocate can properly represent the individual’s interests in the divorce.

In addition, it is of extreme importance to take in consideration all assets involved as part of the matrimonial union. Some of those forgotten assets may include retirement or pension plans.

Finally, it is of extreme importance that before signing any agreements, the individual is fully aware of what terms are involved with the divorce property settlement. Therefore, it is important to understand the arrangement that is being proposed before any signatures are given.

Monday, May 26, 2008

Getting Served With Divorce Papers

The dreaded event -- being served with divorce papers -- is an even often cited in popular culture. You're probably read a novel or watched a movie where one of the characters was in a deep depression, explaining their black mood by saying they had just received divorce papers.

All the other characters in the scene nod empathetically and make sympathetic noises as they commiserate with the soon-to-be-divorced person. In other fictional works, one character tries to get their spouse to sign divorce papers. So, what's the big deal about divorce papers? What are they, anyway?

What Are They?

Divorce laws vary from state to state, so the papers required to get a divorce in each state will be different, depending on where you live. You should never rely on the Internet for legal advice, but you can get a general idea of what divorce papers entail by doing some simple searches.

The opening documents in most divorces are a summons and a complaint, or a petition to dissolve the marriage. Getting married creates a contractual legal relationship between two people, and the purpose of this set of divorce papers is to ask a judge to end that legal relationship. The petition does just that: it petitions the court for an order – a divorce decree – that dissolves the partnership between the married couple. The summons is served on the non-filing party, along with a copy of the petition, to "summon" him or her to the court so they can respond to the petition.

In some states, and in some circumstances, the non-filing party will file a divorce paper known as an answer or response. This document is usually only filed if the non-filing party opposes the divorce or wants the court to divide the marital property a certain way, or if the non-filing party wants to ask for attorney fees, child support, or spousal support.

After the initial papers are filed, the parties try to work out an equitable property division and support arrangements. By far, most cases are resolved at this point. Some couples require the assistance of mediators, arbitrators, and attorneys to accomplish the property division and support arrangements.

Other couples – especially those without children or property – can agree to call it a day without involving other parties. They divide their property, sign an agreement, and all that remains is to turn the divorce papers in to the court and wait for the judge to sign them.

The final divorce paper is the divorce decree that the judge signs. This document is usually called a judgment or order of dissolution, and it dissolves the marriage on a particular date, usually about 30 days after the judge signs it.

Wednesday, May 21, 2008

Is Divorce Mediation Right For You?

Couples who use divorce mediation can save thousands of dollars in attorney fees and untold energy in reduced stress.

Deciding To Divorce

The decision to get divorced is even more important than deciding to get married. By the time a couple decides to get divorced, they may have tried marriage counseling, marriage therapy weekends, religious instruction, and psychotherapy.

It's not surprising that so much time, energy, and consideration goes into a decision to divorce, when you consider all the effects of a divorce: deciding who gets to live where, who gets the house, who gets which cars, and how all the personal effects, from pots and pants to knick-knacks and rugs, will be divided among the two of them.

If the couple has children, the decision is even harder. Who will have custody of the children? Where will they live? How much time will they spend with each parent? Will the grandparents still get to see the kids? Which religion will they follow? What sports will they participate in? These are all decisions that are harder to make when parents are no longer living together in a marriage.

Deciding To Mediate

Divorce mediation helps troubled couples to make these decisions in a way that reduces negative impact on the children and reduces the likelihood that the property division will decrease the value of the couple's assets.

Divorce mediation is not for everyone. It requires two people who are honest about their situation and who desire to achieve a positive outcome from their divorce. If either the husband or the wife wants to hide assets, make the other party miserable, or take unfair advantage of the other party, divorce mediation will not succeed.

Advantages

The advantages of divorce mediation are many. For one thing, mediation costs less. The couple usually splits the fee of the mediator, which can range from $1,000 to several thousand dollars. Without mediation, each party pays his or her own lawyer, which costs about the same as a mediator, times two.

The biggest advantage of divorce mediation is that the couple decides the outcome of the divorce. In divorce mediation, the mediator's goal is to get the couple to agree on every step of the process. Together, husband and wife agree on when to file for divorce, how to divide parenting time with the children, how to divide property, and so forth. Without mediation, a judge tells the couple how it's going to be, and they are stuck with that outcome. They may end up sitting in the courtroom thinking, "Wow. I could have done better than that if I'd used divorce mediation."

Couples who believe they can reasonably work together to end their marriage should definitely consider divorce mediation.

Tuesday, May 20, 2008

Divorce Lawyers To Avoid

Are you ready to get divorced, but you're not sure how to pick a divorce lawyer? There are several different types of divorce lawyers, so choosing the right kind is important. Before you start looking, you should know that the lawyer you choose might be classified as a barracuda, a businessman, or a flirt.

The Barracuda

This is the divorce lawyer you choose when you want to make your spouse miserable. The Barracuda goes for the jugular every single time. Every step of the way will be difficult. If you are the one who files for the divorce, the Barracuda will serve your spouse with divorce papers in the most embarrassing way imaginable. If you are the one who got served, the Barracuda will badger your spouse's divorce lawyer at every step along the way, all through discovery, divorce mediation, and trial.

The Barracuda comes with a heavy price tag. Not only will your divorce lawyer fees be extraordinarily and unnecessarily high, your spouse will probably hate you for the rest of your life, if he or she doesn't already.

The Businessman

This is the divorce lawyer who wants to hear "just the facts, ma'am." The Businessman can be male or female; either way, they are all business, all the time. This lawyer sees divorce work as contract work: the contract has been breached, and all that remains to be done is to calculate the damages. The Businessman has virtually no "bedside manner" and, if you live in a no-fault divorce state, will not want to hear stories about how you have been wronged by your spouse.

Choosing the Businessman as your divorce lawyer will save you money in hourly fees. However, the Businessman's approach may seem a little too cool and calculated for you, especially if your divorce is an emotional experience. You may wish to find a divorce lawyer who doesn't mind doing a little hand-holding along the way.

The Flirt

Believe it or not, some divorce lawyers flirt with their clients. Do you remember Arnold Becker, from the 1980s television series, L.A. Law? Arnie was a handsome divorce lawyer who usually represented shapely, attractive females with whom he had flings. These days, Arnie could be disbarred in most states for inappropriate relations with his clients. However, most of these states do allow lawyers to have intimate relationships with clients after the divorce.

Hiring the Flirt as a divorce lawyer can be an advantage when the Flirt uses their skills on opposing counsel or on an easily-flattered judge. However, this is a long shot. You are better off choosing a divorce lawyer for their legal experience, their skill, and their ability to handle you divorce quickly and efficiently.