Divorce & Family

One of the advantages of staying in the communal home is that the courts favor keeping the children in the communal home.  If there are no children, it's not as important to stay in the home. continue reading...

Many people are confused as to the meaning of the 'date of separation'.  This is a very important date.  It is easy to determine this date if you physically separated at a certain time and lived at different addresses and if both spouses agree as to the date of separation.  The problem occurs when you live in the same residence but no longer as 'husband & wife'.  When exactly did this occur?  Spouses may have differing ideas as to this exact date.  The 'date of separation' can become very important when spousal support a continue reading...

You can still live in the same home even if you wish to file for legal separation or divorce!  Technically, you are separated when you no longer live together as husband and wife.  If you are living in the same home but you sleep in different rooms, you are still separated.  Many people cannot afford to live in different homes so they may opt to live in the same home for a period of time--but still live separately.  The date of separation is very important and both parties should agree as to the date.

If your spouse is incapacitated or not of 'sound mind', he/she would need a conservator in order for you to initiate divorce proceedings.  Usually a family member will agree to be a conservator over the spouse.  This can occur if the spouse  has dementia or alzheimer's disease and therefore cannot enter into a legal contract such as divorce.  The conservator would represent the best interests of your spouse.

Legal Action Workshop offers LOW FLAT FEES for Divorce and Family Law matters.  Most attorneys charge hefty retainers and hourly rates which upset many clients.  I think that it's the uncertainty that is most upsetting  because clients just don't know how much their Divorce or Family Law matter will ultimately cost.  On top of this, once the retainer is used up, the attorney will typically ask for another retainer. If the attorney does not get the next retainer amount, he/she will ask to be taken out of the case leaving the client stranded. continue reading...

When you are considering a divorce, there are 3 things to think about: continue reading...

This would be up to the parents involved. We at Legal Action Workshop only handle the adoption of children when the parents are related or friends. We do not handle Agency adoption.

When you are served with Legal Separation papers, you should get legal advice as to what to do. Normally, you would file a response because there are issues that need to be addressed. In the instance that you are served with Legal Separation papers, but you want to Divorce instead, then that would be stated in the Response. In this case, you would now be dealing with Divorce and not Legal Separation. Your attorney can advise you as to your best options.

You do not have to go to court if you and your spouse will agree on your issues. Once agreements are made, the Attorney can prepare a Legal Separation Agreement which outlines in detail the terms of the Legal Separation. Once this document is signed and notarized it is filed with all other necessary documents and finalizes the Legal Separation without a court appearance.

No, you can remain legally separated as long as you do not wish to remarry. You will need to Divorce if you wish to remarry. The advantage of the Legal Separation is that any debt acquired once you are separated would not be considered community debt. In effect, assets and debts will be separate and orders for children will be set in place. If you do decide to Divorce, then the issues will have been settled.