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	<title>File For Divorce Online &#187; Legal</title>
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	<description>your source for the best, most accurate, and up-to-date information on filling for divorce.</description>
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		<title>Review of OurDivorceAgreement.com: Premium Online Divorce. Do-It-Yourself Divorce. Divorce Forms.</title>
		<link>http://filefordivorceonline.com/review-of-ourdivorceagreementcom-premium-online-divorce-do-it-yourself-divorce-divorce-forms/</link>
		<comments>http://filefordivorceonline.com/review-of-ourdivorceagreementcom-premium-online-divorce-do-it-yourself-divorce-divorce-forms/#comments</comments>
		<pubDate>Tue, 12 Feb 2008 15:09:43 +0000</pubDate>
		<dc:creator>Tom Hayden</dc:creator>
				<category><![CDATA[Legal]]></category>

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		<description><![CDATA[OurDivorceAgreement.com was founded by Mark Stein. Stein is a certified mediator and President of Mediation First in Kentucky. Stein has been a divorce mediator for over eighteen years and has been featured on the Oprah Winfrey Show as a mediator. Stein is also the co-author of Resolving Conflict Once and For All.â€ Stein is certified [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://www.OurDivorceAgreement.com" target="_blank" title="OurDivorceAgreement.com">OurDivorceAgreement.com</a> was founded by Mark Stein. Stein is a certified mediator and President of Mediation First in Kentucky. Stein has been a divorce mediator for over eighteen years and has been featured on the Oprah Winfrey Show as a mediator. Stein is also the co-author of <em>Resolving Conflict Once and For All.â€</em> Stein is certified by the Academy of Family Mediators. The site has been featured in The New York Times, Associated Press, National Public Radio, CNN, CBS News and MSN.</p>
<p>The site is designed so that anybody seeking a divorce can do it online from the comfort of their own home. The couple works together as a â€œclient couple.â€ You can even work on the site from two different computers at the same time. The site helps you with the difficult aspects of divorcing as well. There are forms designed for children issues such as child support and custody. There are also forms designed for dividing your assets and liabilities amongst each other. The site is also designed so that attorneys or mediators can also help a couple in divorcing through the web site. The site guides you step-by-step through the process and you simply fill in the forms.</p>
<p>After you have completed filling out the forms, the site will develop a divorce package. The package can be printed from the comfort of your home and used to file at the court office after completion. The site can also provide specific state forms and some foreign country forms as well. The site can also be used for marriage annulments as well. They have even crafted and agreement that may be used by Gay/Lesbian couples seeking to separate. The site has a solution for virtually any problem that may arise in divorce cases. The forms may be printed prior to finishing in case you need to have them looked over by an attorney. The site suggests that you take the finished divorce package to an attorney for review.</p>
<p>By doing all of the paperwork yourselves, a divorcing couple is able to save both time and money. You save time because you do not have to make appointments with lawyers and your spouse. Most couples are capable of finishing the process in one sitting of about an hour. You may spend several hours attempting to find time when everybody can meet at the lawyerâ€™s office. You save money because you only need to pay a lawyer the time it will take him to review your paperwork. Your lawyer will not have to draw up the paperwork, which costs you time and money. You simply purchase the service online with a credit card and the amount of time it takes to draw up your agreement is up to you.</p>
<p>The cost of the service is $199 for use of the whole site. The site may be used by divorcing couples, active military, attorneys and mediators. The site also offers mediation services and customer support services. The cost of the service does not cover court costs that may be incurred during the divorce process.</p>
<p>All content is original and copyrighted.<br />
<span style="font-size: 6pt"><small>Tags: <a href="http://technorati.com/tag/OurDivorceAgreement.com" rel="tag">OurDivorceAgreement.com</a>, <a href="http://technorati.com/tag/Our%2BDivorce%2BAgreement" rel="tag">Our+Divorce+Agreement</a>, <a href="http://technorati.com/tag/Our%2BDivorce" rel="tag">Our+Divorce</a>, <a href="http://technorati.com/tag/Divorce" rel="tag">Divorce</a>, <a href="http://technorati.com/tag/File%2Bfor%2Bdivorce" rel="tag">File+for+divorce</a>, <a href="http://technorati.com/tag/file%2Bfor%2Bdivorce%2Bonline" rel="tag">file+for+divorce+online</a>, <a href="http://technorati.com/tag/divorce%2Bwebsites" rel="tag">divorce+websites</a></small></span></p>
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		<title>Legal aspects of divorce in the United States</title>
		<link>http://filefordivorceonline.com/legal-aspects-of-divorce-in-the-united-states/</link>
		<comments>http://filefordivorceonline.com/legal-aspects-of-divorce-in-the-united-states/#comments</comments>
		<pubDate>Sat, 26 Jan 2008 21:06:08 +0000</pubDate>
		<dc:creator>Tom Hayden</dc:creator>
				<category><![CDATA[Legal]]></category>

		<guid isPermaLink="false">http://filefordivorceonline.com/?p=5</guid>
		<description><![CDATA[Divorce in the United States is a matter of state rather than federal law. In recent years, however, more federal legislation has been enacted affecting the rights and responsibilities of divorcing spouses. For example, federal welfare reform mandated the creation of child support guidelines in all 50 states in the 1980s. ERISA includes provisions for [...]]]></description>
			<content:encoded><![CDATA[<p>Divorce in the United States is a matter of state rather than federal law. In recent years, however, more federal legislation has been enacted affecting the rights and responsibilities of divorcing spouses. For example, federal welfare reform mandated the creation of child support guidelines in all 50 states in the 1980s. ERISA includes provisions for the division of qualified retirement accounts between divorcing spouses. The IRS established rules on the deductibility of alimony, and federal bankruptcy laws prohibit discharging in bankruptcy of alimony and child support obligations. COBRA allows a divorced spouse to obtain and maintain health insurance. The laws of the state(s) of residence at the time of divorce govern, not those of the location where the couple was married. All states recognize divorces granted by any other state. All states impose a minimum time of residence, <a href="http://en.wikipedia.org/wiki/Nevada" title="Nevada">Nevada</a> currently being the shortest at 6 weeks.</p>
<p>Prior to the latter decades of the 20th century, a spouse seeking divorce had to show a cause such as cruelty, incurable <a href="http://en.wikipedia.org/wiki/Mental_illness" title="Mental illness">mental illness</a>, or <a href="http://en.wikipedia.org/wiki/Adultery" title="Adultery">adultery</a>. Even in such cases, a divorce was barred in cases such as the suing spouse&#8217;s <a href="http://en.wikipedia.org/wiki/Procurement" title="Procurement">procurement</a> or <a href="http://en.wikipedia.org/wiki/Connivance" title="Connivance">connivance</a> (contributing to the fault, such as by arranging for adultery), <a href="http://en.wikipedia.org/wiki/Condonation" title="Condonation">condonation</a> (forgiving the fault either explicitly or by continuing to cohabit after knowing of it), or <a href="http://en.wikipedia.org/wiki/Recrimination" title="Recrimination">recrimination</a> (the suing spouse also being guilty). By the 1960s, however, the use of collusive or deceptive practices to bypass the fault system had become ubiquitous, and there was widespread agreement that something had to change. The <a href="http://en.wikipedia.org/wiki/No-fault_divorce" title="No-fault divorce">no-fault divorce</a> &#8220;revolution&#8221; began in 1969 in California, and was completed in 1985 (the last holdout was <a href="http://en.wikipedia.org/wiki/South_Dakota" title="South Dakota">South Dakota</a>). However, New York does impose a mandatory separation period before a divorce can be granted.</p>
<p>Typically, a county courtâ€™s family division judges petitions for dissolution of marriages. <a href="http://www.abanet.org/nawl/about/history.html" class="external autonumber" title="http://www.abanet.org/nawl/about/history.html">[9]</a> <a href="http://www.ncsconline.org/WC/Publications/KIS_GndrBiasBibStateLnksPub.pdf" class="external autonumber" title="http://www.ncsconline.org/WC/Publications/KIS_GndrBiasBibStateLnksPub.pdf">[10]</a> The <a href="http://en.wikipedia.org/w/index.php?title=National_Association_of_Women_Lawyers&amp;action=edit" class="new" title="National Association of Women Lawyers">National Association of Women Lawyers</a> was instrumental in convincing the <a href="http://en.wikipedia.org/wiki/American_Bar_Association" title="American Bar Association">American Bar Association</a> to help create a Family Law section in many state courts, and pushed strongly for no-fault divorce law around 1960 (cf. <a href="http://en.wikipedia.org/w/index.php?title=Uniform_Divorce_Bill&amp;action=edit" class="new" title="Uniform Divorce Bill">Uniform Divorce Bill</a>). In some states fault grounds remain, but all states except New York now provide other grounds as well, variously termed irreconcilable differences, irremediable breakdown, loss of affection, or similar. For such grounds no fault need be proven and little defense is possible. However, most states require some waiting period, typically a 1 to 2 year separation. Some have argued that the lack of means to contest a no-fault divorce makes a marriage contract the easiest of all contracts to dissolve, and in very recent years some have begun to favor moderate divorce reforms such as requiring mutual consent for no-fault divorce. However, no such laws have been passed as of this writing.</p>
<p>Fault grounds, when available, are sometimes still sought. This may be done where it reduces the waiting period otherwise required, or possibly in hopes of affecting decisions related to a divorce, such as child custody, child support, alimony, and so on. States vary in the admissibility of such evidence for those decisions. In any case, a no-fault divorce can be arranged far more easily, although the terms of the divorce can be and often are contested with respect to child-related matters and finances. Ultimately most cases are settled by the parties before trial.</p>
<p><a href="http://en.wikipedia.org/wiki/Mediation" title="Mediation">Mediation</a> is a growing way of resolving divorce issues. It tends to be less adversarial (particularly important for any children), allows the parties greater control and privacy, saves money, and generally achieves similar outcomes to the normal adversarial process. Also, courts will often approve a mediated settlement quickly [Hoffman 1999]. A new movement towards Collaborative Law, where both sides are represented by attorneys but commit to negotiating a settlement and refraining from litigation, is also gaining momentum. If the parties and their collaborative law attorneys fail to reach a settlement, the collaborative lawyers are replaced by new counsel on the theory that the first set of lawyers will try harder if they know they will be &#8220;fired&#8221; if the dispute has to be resolved by a judge. Relatively amicable approaches such as this may reduce the trauma of divorce for all parties. Most experts agree that these methods are not appropriate for all relationships, especially those that included physical or emotional abuse, or an imbalance of power and knowledge about the parties&#8217; finances, for example.</p>
<p>Hostile divorces, in contrast, can be expensive both financially and emotionally. Fault grounds can be unpleasant enough when true, and may sometimes be falsely alleged, as may anything else that an unethical spouse can think of. In the 1990s, heated debate arose over accusations of <a href="http://en.wikipedia.org/wiki/Domestic_violence" title="Domestic violence">domestic violence</a> and of <a href="http://en.wikipedia.org/wiki/Child_sexual_abuse" title="Child sexual abuse">child sexual abuse</a> arising in the course of hostile divorces. Some found a rapid increase in such charges and in the percentage of them eventually that were found baseless; others found there to be no such problems. It is unlikely the truth will ever be fully known.</p>
<p>States vary in their rules for division of assets in a divorce. Some states are &#8220;community property&#8221; states, while others are &#8220;equitable distribution&#8221; states. &#8220;Community property&#8221; states start with the presumption that assets will be divided equally, whereas &#8220;equitable distribution&#8221; states presume fairness may dictate more or less than half of the assets will be awarded to one spouse or the other. Attempt is made to assure the welfare of any minor children generally through their 21st birthday. Thus, the spouse given custody (or the spouse with the greater share of residence time in the case of joint custody), may receive assets to compensate their greater child-care expenses. Commonly, assets acquired before marriage are considered individual, and assets acquired after, marital. Depending on the state, an equitable or equal division of assets is then sought.</p>
<p><a href="http://en.wikipedia.org/wiki/Alimony" title="Alimony">Alimony</a>, also known as &#8216;maintenance&#8217; or &#8216;spousal support&#8217; is still being granted in many cases, especially in longer term marriages. <a href="http://www.divorcemediation.norwalk.ct.us/study_of_divorce_outcomes.htm" class="external text" title="http://www.divorcemediation.norwalk.ct.us/study_of_divorce_outcomes.htm">Connecticut, for instance grants alimony in over 25% of cases</a>. Alimony is also likely in cases where a spouse has remedial needs that must be met in order for the spouse to become fully employable, for example that one spouse gave up career opportunities or development in order to devote themselves to the family. Permanent alimony becomes likelier in marriages that exceed 12 years.</p>
<p>A decree of divorce will generally not be granted until all questions regarding child care and custody, division of property and assets, and ongoing financial support are resolved. Since the mid 1990s, a few states have enacted <a href="http://en.wikipedia.org/wiki/Covenant_marriage" title="Covenant marriage">covenant marriage</a> laws, which allow couples to voluntarily make a divorce more difficult for themselves to obtain than in the typical no-fault divorce action. For example, couples who choose to undertake a covenant marriage may be required to undergo counseling before a divorce can be granted, or to submit their conflicts to <a href="http://en.wikipedia.org/wiki/Mediation" title="Mediation">mediation</a>. In states lacking such provisions, some couples sign contracts undertaking the same obligations.</p>
<p>In recent years, a few high-profile court cases have involved children &#8220;divorcing&#8221; their parents, or being legally declared <a href="http://en.wikipedia.org/wiki/Emancipated_minor" title="Emancipated minor">emancipated minors</a>. Perhaps the best known are those of actor <a href="http://en.wikipedia.org/wiki/Macaulay_Culkin" title="Macaulay Culkin">Macaulay Culkin</a> and Olympic gymnast <a href="http://en.wikipedia.org/wiki/Dominique_Moceanu" title="Dominique Moceanu">Dominique Moceanu</a> (see BBC News June 23, 1999 <a href="http://news.bbc.co.uk/1/hi/uk/376548.stm" class="external autonumber" title="http://news.bbc.co.uk/1/hi/uk/376548.stm">[11]</a>. However, these are not properly &#8220;divorce&#8221; cases, and different laws apply.</p>
<p><span style="font-size: 8pt">This article is licensed under the <a href="http://www.gnu.org/copyleft/fdl.html" target="_blank" title="GNU Free Documentation License">GNU Free Documentation License</a> . It uses material from the <a href="http://en.wikipedia.org/wiki/Divorce" target="_blank" title="Wikipedia article ">Wikipedia article &#8220;Divorce&#8221;</a>.</span><span style="font-size: 6pt"> <small>Tags: <a href="http://technorati.com/tag/Legal%2Baspects%2Bof%2Bdivorce%2Bin%2Bthe%2BUnited%2BStates" rel="tag">Legal+aspects+of+divorce+in+the+United+States</a>, <a href="http://technorati.com/tag/Legal%2Baspects%2Bof%2Bdivorce" rel="tag">Legal+aspects+of+divorce</a>, <a href="http://technorati.com/tag/divorce" rel="tag">divorce</a></small></span></p>
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