A recent article I read discusses the issue of prolonged deployments and its effects on a marriage. The article cites the frustrations at home and increasing demands on both military personnel and their families is leading to an increased number of divorces. The article cites to new research shows that military divorce rates are continuing to climb. In the 2009 fiscal year that ended Sept. 30, there were an estimated 27,312 divorces among the nearly 765,000 married members of the active-duty Army, Air Force, Navy and Marine Corps, according to the Pentagon. . The article cites the psychological impact of eight years of war, preparing for war, being at war, coming home and having to think about going back to war again. On top of having children -- it can have a tremendous impact on the family unit.
The article further states that, divorce is never easy, especially in the military. The weight of deployments and the pressures of responsibilities for those left behind are unfortunately taking their toll. Though support systems are available, the percentage rates for divorce continue to rise.
According to the article, the the military prides itself on taking care of military families. The psychological toll no matter all of the help is given to the military service member and the loved one at home can literally tear a family apart. Until the war ends there is not much that one can do.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
Author's Notes
Monday, May 24, 2010
Divorce and the Custody of Pets in Separations
According to an article from Pet Business World based out of the UK, many couples are unaware of the legal position when it comes to pets during divorce cases, and some even expect to fight for custody of their animals if the split with their partner is hostile. The Attorney, from the story points out that pets are treated the same as other mutually-owned property such as cars, money or property in the eyes of the law - and the welfare of the animals is not given consideration when it comes to deciding which partner will retain ownership of the pet.
The other attorney mentions that, the pet may have been a family member if they did not have children. However according to the law, pets are treated no differently than any other asset that a couple may have acquired during marriage. Very much like, a mutual savings - and therefore they are split equally between the two partners.
What this means that, one half of the couple usually agrees to take responsibility of the pet following the separation. The welfare of the animal is not normally considered and if both partners want to keep the pet, they must reach an agreement with each other just like they would do with their property or other possessions.
In recent years there have been full blown custody fights over the welfare of the animal. As a result some lawyers are suggesting that couples prepare specific prenuptial agreements on their animals to avoid stress and the possibility of their pets ending up in the hands of a re-homing charity, if they end up separating.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
The other attorney mentions that, the pet may have been a family member if they did not have children. However according to the law, pets are treated no differently than any other asset that a couple may have acquired during marriage. Very much like, a mutual savings - and therefore they are split equally between the two partners.
What this means that, one half of the couple usually agrees to take responsibility of the pet following the separation. The welfare of the animal is not normally considered and if both partners want to keep the pet, they must reach an agreement with each other just like they would do with their property or other possessions.
In recent years there have been full blown custody fights over the welfare of the animal. As a result some lawyers are suggesting that couples prepare specific prenuptial agreements on their animals to avoid stress and the possibility of their pets ending up in the hands of a re-homing charity, if they end up separating.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
Tuesday, May 18, 2010
New York changing Divorce Laws for Simpler Divorce
An article that was recently in the Queens Chronicle says that New York might be making divorce as easy as marriage.
Lawyers, divorcees, judges and professors urged the Senate to pass legislation that would allow for no-fault divorce. Current law in New York requires spouses to give the court a reason for the dissolution of their marriage, California has a no-fault divorce law. New York is the only state that lacks no-fault divorce. In New York, to obtain a divorce one spouse must prove that he or she was the victim of cruel and inhuman treatment, abandonment or adultery. One may also obtain a divorce if his or her spouse is sent to prison for three or more years, as long as the motion is filed within five years of the spouse’s release.
The article's author claims that New York’s law was a throwback to the days when it was assumed that divorces were filed by men who abandoned their unskilled wives and kids without providing for them. This is in contrast to today's divorces where plaintiffs are often made up of women. Legislators wanted to protect women who today, make up a large portion of divorce plaintiffs in the state. Female speakers at the hearing said current divorce law is not in the best interest of most women.
One woman said that she spent seven years trying to prove that she deserved a divorce. Her husband had been verbally abusive to her, but since he did not leave marks, she couldn’t prove it to the judge’s satisfaction. “I found myself at times wishing he had physically abused me — something that you could document with a photo, only because it would have been a little easier to prove.”
But not everyone is in favor of allowing no-fault divorce. The National Organization for Women New York State and the New York State Catholic Conference both submitted testimony against enacting a no-fault law, but for different reasons. The New York State Catholic Conference is against no-fault divorce because it “opposes all measures that further break down the institution of marriage.” The National Organization for Women New York State opposes no-fault divorce because it “takes away any bargaining power the non-monied spouse has.” The organization also contends that one spouse should be provided with notice that the other wants a divorce and given an opportunity to negotiate. In response to speakers who cited domestic violence situations as ones in which no-fault divorce would be useful, National Organization for Women New York State stated that judges refusing to grant women divorces in these cases need to be reformed, rather than the state’s divorce law.
In 1970, California became the first state to implement "no-fault divorce." The concept of no-fault divorce has largely evolved into what most people refer to as "irreconcilable differences." California currently is a no fault divorce state. What this means is that no reason need be cited to dissolve a marriage. The most common cited reason is irreconcileable breakdown of the marriage.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
Lawyers, divorcees, judges and professors urged the Senate to pass legislation that would allow for no-fault divorce. Current law in New York requires spouses to give the court a reason for the dissolution of their marriage, California has a no-fault divorce law. New York is the only state that lacks no-fault divorce. In New York, to obtain a divorce one spouse must prove that he or she was the victim of cruel and inhuman treatment, abandonment or adultery. One may also obtain a divorce if his or her spouse is sent to prison for three or more years, as long as the motion is filed within five years of the spouse’s release.
The article's author claims that New York’s law was a throwback to the days when it was assumed that divorces were filed by men who abandoned their unskilled wives and kids without providing for them. This is in contrast to today's divorces where plaintiffs are often made up of women. Legislators wanted to protect women who today, make up a large portion of divorce plaintiffs in the state. Female speakers at the hearing said current divorce law is not in the best interest of most women.
One woman said that she spent seven years trying to prove that she deserved a divorce. Her husband had been verbally abusive to her, but since he did not leave marks, she couldn’t prove it to the judge’s satisfaction. “I found myself at times wishing he had physically abused me — something that you could document with a photo, only because it would have been a little easier to prove.”
But not everyone is in favor of allowing no-fault divorce. The National Organization for Women New York State and the New York State Catholic Conference both submitted testimony against enacting a no-fault law, but for different reasons. The New York State Catholic Conference is against no-fault divorce because it “opposes all measures that further break down the institution of marriage.” The National Organization for Women New York State opposes no-fault divorce because it “takes away any bargaining power the non-monied spouse has.” The organization also contends that one spouse should be provided with notice that the other wants a divorce and given an opportunity to negotiate. In response to speakers who cited domestic violence situations as ones in which no-fault divorce would be useful, National Organization for Women New York State stated that judges refusing to grant women divorces in these cases need to be reformed, rather than the state’s divorce law.
In 1970, California became the first state to implement "no-fault divorce." The concept of no-fault divorce has largely evolved into what most people refer to as "irreconcilable differences." California currently is a no fault divorce state. What this means is that no reason need be cited to dissolve a marriage. The most common cited reason is irreconcileable breakdown of the marriage.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
The Dating Scene After a Divorce
I recently read an article about men getting back into the dating scene after divorce. Getting back into the dating scene after a divorce can be fun, humbling, and scary. In this article, the author provides interesting advice after counseling hundreds of men throughout the divorce process. The advice given ranges from everything from breaking the news to the kids to choosing an attorney to whether to use a dating service.
One piece of advice they offer is not to rush back into dating. Men will often rush into dating and look at women as an antidote for the pain their divorce caused. The authors say it’s best to face the pain on your own before seeking a potential mate.
The article poses several questions for the newly divorced as a way to tell if you are on the road to healing is if the respondent can say yes to some of the following questions:
•Can you consider the possibility of dating a woman without anger ?
•Have you moved on from being preoccupied with thoughts of your previous marriage or the divorce?
•Can you tolerate living on your own?
•Have you reconnected with people, in some concrete ways?
The article further states that the dating world has changed quite a bit since you were last on the market — texting, social networking and online dating sites may not have even existed when you last dated. It suggests that the newly divorced try to familiarize yourself with the new ways of meeting people, the authors say, but don't feel pressured to use technology in which you have no interest.
Other helpful suggestions are to do things you know you love, like joining a hiking group or volunteering. Try something you know you’ll have fun with, and if you meet a woman, that's just an extra.
The article further states that if you meet a woman online or through friends, she'll probably already know that you're divorced. But if she doesn't know, put it out there early. Don’t be afraid of baggage and be yourself. You think you need to avoid other divorcees or even only date other divorcees, but don’t.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
One piece of advice they offer is not to rush back into dating. Men will often rush into dating and look at women as an antidote for the pain their divorce caused. The authors say it’s best to face the pain on your own before seeking a potential mate.
The article poses several questions for the newly divorced as a way to tell if you are on the road to healing is if the respondent can say yes to some of the following questions:
•Can you consider the possibility of dating a woman without anger ?
•Have you moved on from being preoccupied with thoughts of your previous marriage or the divorce?
•Can you tolerate living on your own?
•Have you reconnected with people, in some concrete ways?
The article further states that the dating world has changed quite a bit since you were last on the market — texting, social networking and online dating sites may not have even existed when you last dated. It suggests that the newly divorced try to familiarize yourself with the new ways of meeting people, the authors say, but don't feel pressured to use technology in which you have no interest.
Other helpful suggestions are to do things you know you love, like joining a hiking group or volunteering. Try something you know you’ll have fun with, and if you meet a woman, that's just an extra.
The article further states that if you meet a woman online or through friends, she'll probably already know that you're divorced. But if she doesn't know, put it out there early. Don’t be afraid of baggage and be yourself. You think you need to avoid other divorcees or even only date other divorcees, but don’t.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
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