This article is designed to give someone who is considering or planning for the possibility of divorce an idea of what documents are needed. Even if you believe your case ultimately will be agreed to and settled without a trial, you will be in a much better position if you already have the relevant documents in your possession. Better safe than sorry.

You should locate the relevant documents, make copies, and keep them somewhere secure, like your office or with a friend. You will then have access when it is needed.

Here are the most important seven categories of documents you should focus on.

1. Income Documents

Your spouse’s income is relevant to a number of issues in a divorce case. At a minimum, get your spouse’s last paycheck statement and your most recent tax return. Ideally, you would have access to all tax returns filed during the marriage, along with all supporting documents and schedules.

2. Bank Records

The monthly bank statements are very important and can lead you to other documents (cancelled checks, deposit slips, registers, etc.) that you also may need to obtain. Get at least the most recent statement for each account that is either held in your name, your spouse’s name, or jointly. If possible, get copies of all statements going back to the date of marriage. In most cases this volume of records is not required, but in some cases these records can be very helpful and even necessary to analyze the case.

3. Retirement and Other Investment Records

Often the biggest asset a couple will own will be a pension account. So you will definitely want the most recent account statement and ideally all statements dating back to the time of marriage. Also, the last statement prior to marriage can be very significant (especially in community property states) to show the pre-marriage balance.

4. Credit Card statements

Again the most recent statements are a necessity, but a lot of important evidence can be garnered from the historical statements. In some cases, the credit card statements will show questionable transactions that can be of real evidentiary value. For example, they might show evidence of gifts or dinners purchased for paramours, questionable hotel rentals, or other dubious purchases.

5. Real estate documents

The most important real estate documents are the Deed of Trust and Warranty Deed for any property you currently own. If you have the entire file from (the giant stack of paper you got after the closing) for each real estate purchase or refinance transaction during the marriage it can be helpful. Additionally, documents evidencing real estate owned by either spouse prior to marriage can be significant, especially in community property states.

6. Mortgage statements & any Other Debts

You should get the most recent statements showing the current payoff balance for any other debts. For those debts that have only a coupon book with no regularly generated statements showing the current balance, you will probably need to contact the creditor by phone for the current payoff information.

7. Relevant emails or other correspondence

Correspondence or emails can be extremely helpful (or damaging, depending on your viewpoint) pieces of evidence in the case. Whether the communication is between spouses or between a spouse and some third-party, the communication is potentially relevant. Two common examples would be where your spouse makes a damaging admission about some issue in the case, or communications with paramours.

Conclusion

Determining which documents you need to obtain for your divorce case can be a very time-consuming and daunting task. Use this list as a starting point and discuss your situation with a quality divorce attorney. This person should be able to advise you specifically on the documents you need to obtain in order to protect your interests.

Documents You Need For Your Divorce is a post from: OC Divorce Law

Technorati Tags: divorce, Documents, Need

Child Custody Laws in California? is a post from: OC Divorce Law

Technorati Tags: 6 years, dad, lawyers, mom, nasty divorce, parents, southern california, supervised visits

Generally, we perceive the end of anything good as terribly depressing.  Yes, it could be especially if it is the end of a once beautiful relationship then you end up begging for somebody to “Please, stop my divorce!”  You are not the only one wishing they could stop the process.  Thousands of individuals have successfully circumvented a possible divorce, but there are also thousands who have not, and yet were able to move on and knew happiness again.  Certainly, there is a way to prevent a divorce from coming.  Recognizing the tell-tale signs of a troubled relationship early and acting on it would be a good start.

However, you should impress it upon yourself that saving the relationship is not totally up to you.  You have to be mentally and emotionally prepared for any eventuality.  It is good to keep your hopes high but acceptance of the outcome will help you move on faster.

One of the best solutions to take is seeking professional help from marriage counselors or family therapists for these are certainly some of the people who can help you ” stop ny divorce”. This is what they do best and have gained wide experience through assisting individuals cope with these kinds of problems.  Regardless if it is unfaithfullness, dejection or other issues that causes the problem in the relationship, they will be able to present some solutions for it.  Therapy and counseling have helped countless of couples save their marriage.  Depending on your financial capability, you can find marriage counselors that do not charge exorbitant fees.  This is the initial process you should take before considering going to a divorce attorney, who might not be able to help you in your wish to “Stop my divorce”. 

If you are serious with your objective to “stop my divorce”, one thing you should do is to refrain from getting into a tedious a battle of words with your partner, trying to make a case out of almost every issue.  At this point, no amount of arguing can make the other party listen and understand.  Remember, the objective here is preserving the marriage and not waging a personal attack against your partner with the intent to win. 

Oftentimes, trying to justify yourself is the surest way to fire up your partner’s ire.  Why not try listening to them for a change and see the logic in what they are saying.  The more you see their point of view, the more objective you will become in dealing with your differences.  This is also one of the ways being promoted by marriage counseling.  If you undertake this, then you are a step nearer to fulfilling project “stop my divorce”.

Of course, there could be other things that you can do so that people would be able to support you in your bid to “stop my divorce”.  As in any problem, the important thing is to act on the deemed solution right now as your relationship will definitely not be saved by just “talking and planning about it”.

Don’T Let It End! Stop My Divorce! is a post from: OC Divorce Law

Technorati Tags: divorce, Don't, Stop

Claire N. Jacobi v. Peter H. Jacobi
CIRCUIT COURT OF ARLINGTON COUNTY, VIRGINIA
56 Va. Cir. 164
May 10, 2001

Plaintiff wife filed for divorce from defendant husband on February 28, 2000.  As grounds for the divorce, the wife stated that the parties had lived separate and apart from each other without any cohabitation and without interruption, although remaining within the same house. During such time, it was the intention of at least one of the parties that the separation be permanent; and, there was no possibility of reconciliation between the parties.

Whether the continuance to reside in the marital home together is sufficient for grounds of living separate and apart for one year?

There are no comparable circumstances in this case to eliminate the risk of collusion. Here, we have only the limited testimony of two witnesses who claim that Mr. and Mrs. Jacobi have separate bedrooms in the marital home; however, neither witness ever stayed as an overnight guest to witness whether they slept in separate rooms at all times. While common sense cannot be abandoned and the presence of two bedrooms is some evidence of separation, it should be noted that many couples choose to sleep in separate rooms as the years go by for any number of reasons while not intending to end the marriage. The admittedly limited corroboration by the witnesses at the February 20, 2001, hearing, coupled with the lack of any explanation legitimizing why the parties continued to reside together in the marital home, is not sufficient corroboration.  In this Court’s opinion, the degree of corroboration was insufficient and the complainant was invited to provide authority for the Court to grant a divorce under these circumstances. After careful consideration, it is this Court’s ruling that a divorce cannot be granted on the ground of living separate and apart for one year because the parties continue to reside in the marital home together and because of the insufficiency of the corroboration.

Based on the forgoing, the Court declines to enter the final decree of divorce based on one year separation.

Disclaimer:

These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content.

Virginia Divorce Lawyers Arlington County Fairfax Prince William Fredericksburg Loudoun Beach Lynchburg is a post from: OC Divorce Law

Technorati Tags: Arlington, Beach, county, divorce, Fairfax, Fredericksburg, lawyers, Loudoun, Lynchburg, Prince, Virginia, William

Sarah Johnson Vardell v. William Norman Vardel
Supreme Court of Virginia
225 Va. 351
April 29, 1983

The wife further requested that the husband be enjoined from “going on the premises” of the marital abode, owned jointly by husband and wife. An ex parte hearing was held on the injunction request that day and an order preventing the husband from “going on the premises” of the home. Later that day, the sheriff served the husband with the subpoena in chancery for a divorce in Virginia and the injunction order at the marital residence. The husband voluntarily left the premises.  The husband then filed an answer and cross-bill for a divorce in Virginia alleging that the wife’s obtaining an injunction without cause, restraining the husband from going into their residence, constituted constructive desertion by her.  The husband sought a divorce on this ground and requested dissolution of the injunction.  The Chancellor denied the wife a divorce because she failed to prove that the husband was guilty of cruelty. However, the Chancellor granted the husband a divorce on the ground of the wife’s constructive desertion in obtaining an injunction against him.

The wife appeal from a judgment of the Circuit Court of Chesterfield County

Whether evidence of the eviction from the marital abode, pursuant to an injunction order entered ex parte is sufficient to support a divorce on the ground of cruelty?
Whether the trial court erred in holding that the court-ordered ejection of her husband from the family domicile constituted cruelty and desertion on the wife’s part?

The wife presented evidence in support of the injunction legally sufficient to cause the chancellor to require the parties to separate, such action, without more, may not ipso facto be converted into a basis for granting a divorce to the husband when the wife is unsuccessful in proving her grounds for a divorce.

This Court, noting the injunction order did not direct the sheriff to remove the wife from the home, found the sheriff acted “hastily” and followed the instructions of the husband who told him to break the door down if necessary. The Court held that the conduct of the husband and his cousin, the sheriff, amounted to “gross cruelty and humiliation,” constituted “terrible treatment,” and clearly established that the husband was guilty of cruelty tantamount to constructive desertion.  The egregious circumstances in Brooks v. Brooks, 200 Va. 530, 106 S.E.2d 611 (1959) stand in striking contrast to the facts in the present case.  Here, the initial decision to evict, made ex parte, was affirmed within eight days upon a full adversary hearing. The actual eviction was uneventful; it was in accord with the letter of the injunction order and was unaccompanied by the disgraceful conduct present in Brooks. Thus, Brooks is not controlling here.  For these reasons, those portions of the July 1980 final decree awarding the husband a divorce on his cross-bill, and permitting the wife to resume her maiden name, will be set aside and annulled.  The trial court’s decision that the wife has failed to prove defendant was guilty of cruelty has, of course, become final.

Thus, the suit will be remanded on the wife’s bill of complaint for divorce for further proceedings not inconsistent with this opinion.

Disclaimer:

These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content.

Virginia Divorce Lawyers Desertion County Cruelty Spousal Support Fairfax Richmond Beach Loudoun Prince William Fredericksburg is a post from: OC Divorce Law

Technorati Tags: Beach, county, Cruelty, Desertion, divorce, Fairfax, Fredericksburg, lawyers, Loudoun, Prince, Richmond, Spousal, Support, Virginia, William

Divorce??? is a post from: OC Divorce Law

Technorati Tags: divorce, marriage, marriage counseling

Over the past few decades divorce has become almost a common theme unfortunately, among many marriages. Even though marriage is supposed to be considered more of a happy event it is and still should be considered a legal and binding contract. Although it may be legal, it is no longer “till death do us part”. Many marriages fail and result in divorce, but the divorce is usually only the beginning of a massive, lengthy and expensive court battle for what was once shared evenly in a happy union.
Taking this into consideration one must be prepared for this by  seeking free legal advice and possibly a divorce attorney if the situation calls for one. A divorce attorney would be able to communicate on your behalf the rights and possessions that you are entitled to after the divorce from your spouse. However, a divorce attorney can be a devastating expense in an already expensive and draining endeavor. Seeking free legal advice may actually end up being a better option.
A simple search for free legal advice with specific regard to divorce could result in endless pages of information, previous cases and answers to any questions you may have without ever even consulting or paying for the expensive rates of a divorce attorney. When conducting this search you need to keep in mind that you will come across a large amount of information that may not actually be the free legal advice that you are looking for, or will it be helpful in any way.
Focusing on previous court cases that were settled in conjunction with the current legislation you also would be able to compare your divorce situation with that of the previous cases. If it is a similar case you would be able to easily replicate the facts of that case without having to hire an attorney. This is probably one of the best ways of gaining free legal advice. Unless you actually are a divorce attorney you may want to conduct a web search before you actually spend thousands of dollars on a divorce attorney.  If you choose to adhere to the free legal advice that you may find among the websites in your search, keep in mind that all of it may not be as reliable.
However, whether you hire an actual divorce attorney or merely skim the surface with the ascertainment of free legal advice there is some level of risk with each option. Free legal advice could be obtained for less complicated situations and divorces with very few possessions or without children. However when it comes to a multi-million dollar mansion and three kids a divorce attorney is a must and free legal advice will most likely not be sought out. In this case though, money is often no option and the fees associated with hiring a divorce attorney are minimal in comparison to the loss an individual can suffer without proper representation or selecting free legal advice instead.

Best Divorce Lawyer In Your Area is a post from: OC Divorce Law

Technorati Tags: Area, Best, divorce, lawyer

Are there any outstanding cases which have come because of this law?

And what do lawyers or law professor see wrong with it?

Is it detrimental to patients in general, even if in indirect way?

Any relevant flaws in the STARK LAW? is a post from: OC Divorce Law

Technorati Tags: family member, law professor, lawyers, sheer coincidence

(Copyrighted)

Every day, I review consumers’ (like you) credit reports and hear stories about, “how my spouse destroyed my credit.”  Well, I am sorry to hear it.  I love you, want to help you, but I am tired of repeating the same things.  I wrote a couple of articles asking and begging you to do something with your credit and provided you a book that answers the questions you did not ask or question did not know how to ask.  Just because you got divorced, your financial life is NOT going to be on the upside.  Let’s see WHY?

In the book, “Bad Things Happen to Good People.  YOUR CREDIT = YOUR LIFE, FIX IT NOW!” I dedicated a large chapter to issues relating to financial phase of relationships (Single, Married, Separated, Divorced).  In that chapter, I discussed several issues relating to the impact of divorce.  One of the issues was the fact- what a divorce decree mean to your financial life.  No, I did not provide the meaning of the words “Divorce Decree;” because, everybody that has been in a relationship knows what these two words {together} mean.  I discussed the fact that, just because a court ordered your spouse to be responsible for certain bills (bills created during the marriage), it doesn’t mean, your responsibilities are washed away.  After the court order, there are still several issues that remain unresolved from the moment the Decree was entered.  They are as follows:

1.    Make certain that your payments (to include the creditors’ bill that the judge passed the responsibility to your spouse) are current-if you did not discuss it in the court you should have.

2.    You must immediately contact the creditor whose name were listed on the judgment and let them know about the Decree.  Some creditors will not accept the Decree.  You just push the issue with them.  If they still do not want to remove your name, then have your attorney (possibly your divorce attorney –who you already have paid to take care of your divorce affairs- contact the creditors).  Please understand that the attorneys will promise you or state that they will call, but it may never materialize.  Therefore, you must be persistent with the attorney and the creditors.

3.    If a creditor refuses to remove your name, then place a statement on your credit file in regards to the Decree and your request for removal

4.    Talk with your attorney (an attorney in your state-state the Decree was issued) and see if you have legal recourses against the creditor (forcing it to remove).  However, make certain that you have a copy of the contact (between you and the creditor available).  If you don’t have the agreement, then ask the creditor to mail you one.  If you don’t receive it within 2 weeks, then send the creditor a certified letter- requesting return receipt, demanding that a copy of the agreement be sent to you at once.  The bottom line is that you may be able to ask a court (possibly even the divorce Court) to force the creditor.  Divorce courts doing so may be limited- to-none existence, but never hurts asking.  The bottom line is that the attorney may be able to share options with you.

5.    Doesn’t matter what you do, do NOT let the issue stay on the back burner, because “Your Credit IS Your Life” and if you don’t do something about it, it will create a serious negative impact on your credit file.

You must initiate the items above before your spouse stops making payment to the creditors that the Judge issued an order in your favor.  Creditors are more favorable to listen to you or help when the account is being paid on time (regularly).

These issues and a lot more are discussed in detailed in my book “Bad Things Happen to Good People.  Your Credit = Your Life, Fix It Now!”  I can’t emphasis enough about the importance of your credit. 

Consumers asked me, why should I buy your book when my credit is good? 
Answer:  This book does not just cover issues in how to fix your credit, but how to keep it good for a long time.  It also provides information other than just fixing or maintaining credit.  It provides information about how to avoid lawsuit, judgment, foreclosure, negotiate your interest rates and loan cost, increase credit limit and other issues relating to credit (such as debt management, understanding credit report, credit score, fraudulent and deceptive collection attempts and much more).   The CD that accompanies the book has information about tax liability and tax-preparer fraud and deception, forms, demand letter writing techniques, credit card issues- interest rates and more.

Consumers braggingly also state; “my score is 700 or 720, etc.” 
Answer:  I consider score of 720 as a C+ on a grading scale.   Score of 800 or above is considered A.  740/760 (depending on creditors) to 799 is considered to be B.  Now, as your score gets lower, your interest rate and loan cost increases.

My question to you:
WHY do you want to hand out your hard earned money to the creditors on EXTRA loan cost and interest rate, when you can take care of your credit and keep the saving for yourself and family????

I wish to see you succeed.

Best of luck.

Mike Samadi

Any questions?  Go to Q & A of http://www.MasterCreditRepair.net, read and post.  Go to the “Comment” page and post your story or comment.  Your personal information will remain confidential.  Joint my membership club (coming soon).

The Misconception Of Divorce Decree! Why Do You Want To Hand Out Your Hard Earned Money To The Creditors? 9/1/08 is a post from: OC Divorce Law

Technorati Tags: 9/1/08, creditors, decree, divorce, Earned, Hand, Hard, Misconception, money, Want

The husband says nothing but slowly increases speed to 60 mph.

She then says, "I don’t want you to try to talk me out of it, because I’ve been having an affair with your best friend, and he’s a much better lover than you."

Again the husband stays quiet and just speeds up as his anger increases.

She says, "I want the house." Again the husband speeds up, and now is doing 70 mph.

She says, "I want the kids, too."

The husband just keeps driving faster, and faster, now he’s up to 80 mph.

She says, "I want the car, the checking account, and all the credit cards, too."

The husband slowly starts to veer toward a bridge overpass piling, as she says, "Is there anything you want?"

The husband says, "No, I’ve got everything I need."

She asks, "What’s that?"

The husband replies just before they hit the wall at 90 mph, "I’ve got
the airbag!"
SO WAS IT FUNNY? HEHE

Divorce………………..? is a post from: OC Divorce Law

Technorati Tags: anger, best friend, bridge overpass, checking account, credit cards, divorce, having an affair, honey, married couple, wheel