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Divorce - General, Laws and Process
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When Is Collaboration the Most Appropriate Method of Dispute Resolution in Divorce, and Why Is It Beneficial to Collaborate?
Litigation is an old-fashioned way to resolve disputes. Nowhere is this more evident than in the family law arena. Attorneys are increasingly developing and turning to non-litigated forms of dispute resolution. Not only are there now choices between litigation, negotiation, collaboration, and mediation, but all four of these basic methods can be further divided into even more refined processes, models, and approaches. Attorneys therefore have the freedom to choose which highly specific method of dispute resolution is best tailored to the particular conflict presented, and have the freedom to move between methods as the conflict changes. One rigid approach may not serve a party from start to finish.
The Varying Roles of the Mental Health Professional as Pertaining to the Various Ways in Which Divorce Issues are Resolved
This article will address the varying roles of the mental health professional in the divorce mediation, collaboration, negotiation and litigation processes. The reader will see that adversarial negotiations may be either cooperative or aggressive, and that the mental health professional’s involvement in the litigation arena make take different forms.
As an attorney in Virginia who frequently handles divorce cases for Indian clients, I frequently get a lot of questions about how a divorce in Virginia will impact them in India.
You can still get a divorce even if you do not know where your spouse is, but there is a bit more to it. Divorce by publication has some very specific steps that must be followed.
The laws in Virginia mandate a time frame when you can file for divorce and how long you have to be separated. Here sets out a simplified formula for filing for divorce in Virginia.
It is possible to live separate and apart while still living in the same house. Here are some specific guidelines to follow when it is not possible to live in two separate households until you are able to file for divorce.
Divorcing military personnel can be tricky, you want to make sure you know what you are up against. You cannot simply divorce your spouse who is active duty military.
What happens if your spouse is incarcerated, in jail? You can still get a divorce and here are some important things to know about divorcing a spouse who is in jail.
Here is a glossary of terms to help you understand the divorce process.
There are different procedures to follow in order to file for an annulment rather than a divorce. Here you can look to see if you qualify for an annulment.
Divorce is an emotional roller coaster. Take some time to follow the suggestions here and relax if you get a bit overwhelmed.
Whether you are filing for divorce using no-fault grounds or placing blame, all states have a form of no-fault grounds to file for divorce. Cost may lead you to file for a no-fault, uncontested divorce rather than a more costly fault, contested one.
To represent yourself or to seek advise of counsel, now that is the question. There are many specialists in the divorce field and seeking the advice is not always a bad idea.
Before making any decisions on divorce or separation, educate yourself on your options especially if you are not a citizen of the United States.
Going through a separation and/or divorce, though, is not like buying a car, or getting it repaired. The people and circumstances involved make for widely-varying amounts of time and work; hence, the "costs" vary accordingly.
The Virginia court gives primary consideration to the best interests of the child in determining custody. The court assures minor children of frequent and continuing contact with both parents, when appropriate, and encourages parents to share in the responsibilities of rearing their children. In determining the best interests of a child, the court considers a variety of factors including the age, physical and mental condition of the child as well as each parent, the needs of the child, the role of each parent and the rapport of each parent, and the "willingness and demonstrated ability of each parent to maintain a close and continuing relationship with the child, and the ability of each parent to cooperate in and resolve disputes regarding matters affecting the child," family abuse, and "other factors as the court deems necessary and proper to the determination."
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