Divorce Arbitration - Why Pay to Arbitrate Family and Divorce Issues When Court is Free?

By Mary Wollard

What is Arbitration?

Arbitration is a process in which the parties agree to use a neutral person to make binding decisions to resolve disputes. In the area of family law, the parties can choose an arbitrator to make binding decisions regarding property and financial issues as well as child-related issues.

Many divorcing and separating couples want to keep their dispute out of court to the fullest extent possible. Because arbitration is more private and confidential than court, parties often feel more comfortable using the arbitration process to settle their marital disputes rather than airing them in open court.

How is Arbitration Different from Mediation?

In mediation, the parties are in total control of the outcome and fashion their own agreement. In arbitration, it is the arbitrator and not the parties who ultimately decides the outcome. While arbitration is a more formal process than mediation, both arbitration and mediation are less formal than court.

How Does Arbitration Work?

To get started, you and the other party must agree to use arbitration, and sign an Agreement to Arbitrate with the arbitrator you choose. You might already have such an agreement in a pre- or post-nuptial agreement or other settlement agreement.

Typically, there is then a hearing at which each party makes arguments for their position and presents their evidence, witnesses, experts if any, and documents to the arbitrator. After the hearing is closed and all the evidence is in, the arbitrator will issue a written decision that will make findings of fact and decisions based on those facts.

Can the Court Order the Parties to Arbitration?

The court cannot order the parties to go to arbitration without their agreement. Once the parties have a written agreement to arbitrate some or all family disputes, however, that agreement is binding and, except in unusual circumstances, the court will enforce it, requiring the parties to arbitrate prior to bringing their dispute to court.

Is the Arbitrator's Decision Final?

After the decision (called an award) has been issued by the arbitrator, either party may request an order from the court confirming the award. If a party feels the award needs clarification or was improper, s/he may ask the arbitrator or court to modify, correct, or vacate the award. In some states, either party may request the court to hold a hearing concerning an award on child-related matters.

Are Attorneys Required in Arbitration?

You do not need to retain an attorney to represent you and participate in arbitration, but attorneys are always welcome. Even if you choose not to have an attorney represent you at the arbitration hearing, it is advisable to consult with an attorney prior to the hearing for advice about your legal rights and obligations, and what documents and evidence might be necessary to adequately present your case at the hearing. Since the arbitrator cannot or will not give you legal advice, consulting with an attorney gives you an opportunity to ask questions and get information.

Why Should we Pay to Arbitrate our Divorce or Child-Related Issues When Court is Free?

Studies have found that arbitration is very often faster, simpler and less expensive than litigation. It is true that you will have to pay the arbitrator's fees and costs, but the service you get is more focused and personalized than court. In court, your hearing can be interrupted by unscheduled emergency motions or other matters. This doesn't occur during arbitration, so you would likely pay your attorney less during an arbitration hearing than during a scheduled court hearing.

© 2008, Mary Wollard, J.D., Family Solutions Center, LLC.

Mary A. Wollard, JD, is an attorney, mediator, and arbitrator with over 20 years experience in solving the legal issues of divorce, parenting (custody), marital property and support. Visit http://www.cofamilysolutions.com/downloads.htm for free downloadable worksheets you can use to organize your family's transition. Article Source: http://EzineArticles.com/?expert=Mary_Wollard

No Fault Divorce - End a Marriage Without a Costly Lawyer

By Christopher Freeman

Every state in the United States has some kind of "no fault" divorce (also know as "uncontested divorce" or "dissolution") that allows married couples to obtain a divorce or dissolution without the need for a protracted, prolonged and "hostile" court battle. In most states, the grounds for a "no fault" divorce are "irreconcilable differences" between the two parties (again, some States have different terms for these grounds, but the theory is the same). This means that the parties to the marriage are simply not compatible, there are issues or differences that exist between the spouses that cannot be changed and there is no hope or likelihood that things will change so that the marriage be saved.

The terms "no-fault divorce" and "dissolution" have generally the same meaning - the parties to a marriage ask the court to end the marriage and, if the court finds the request appropriate, the court will issue an order terminating the legal rights of each party with respect to the marriage.

In order to have the best chance of succeeding with the process through the court system, both the husband and wife should agree on ALL of the issues surrounding property division and spousal support (this is why it is referred to as "no fault" - the parties are not claiming one spouse or the other did something wrong nor are the spouses arguing about how property or other rights and responsibilities should be divided; these matters are agreed upon, thereby not finding any fault with one of the spouses). If total agreement is not reached by the parties on all issues, a "no fault" divorce is generally not appropriate and legal advice should be sought.

Below are some requirements that must be met or complied with before a "no fault" divorce can be effectively filed and granted:

* Residency requirements for the state in which the divorce will be filed must be met. Depending upon the state in which the parties reside, the spouses (or one of them) must live in the state where the divorce is filed for a period of six weeks to twelve months. Check your state requirements to determine the appropriate residency requirement.

* Both of the spouses must agree on all aspects and terms of terminating the marriage.

* In most states, the wife must not be pregnant with a child from the husband (although this is not an absolute bar to a no fault divorce in all states).

* Each spouse should fully disclose ALL of their financial interests to the other spouse and each should complete and sign a separation agreement that details how property issues, spousal support and the division of debts will be handled. This separation agreement will then become part of the court's order granting the divorce.

* Both spouses will need to complete the appropriate documents that must be filed with the court to begin the divorce. Each spouse must sign the documents required by the court and, depending on the state and county/parish in which the parties reside, have the documents notarized. In some states, both spouses may be required to appear in court to obtain the final divorce; in other states, one spouse is to appear and in others, there is no requirement that either spouse appear if the paperwork is in order.

* Filing fees and court costs must be paid at the time the divorce papers are filed with the court. These filing fees vary from state-to-state and the clerk of the court where the divorce will be filed can inform you of the amount of such fees.

If your situation meets these guidelines, in most cases you have the ability to file for no-fault divorce.

To learn more about No Fault Divorce Without Children, visit Standard Legal Standard Legal offers affordable solutions to common legal issues, including do-it-yourself legal forms software, legal document preparation services, and attorney find services. http://www.StandardLegal.com 1-888-888-7712 toll free DISCLAIMER REGARDING LEGAL ADVICE: None of information contained on this web site is intended to constitute legal or other professional advice, and you should not rely solely on the information contained on the site for making legal decisions. When necessary, you should consult with an attorney for specific advice tailored to your situation. (c) The Standard Legal Network, LLC. All rights reserved. Article may be distributed in its entirety, including all links and credits. Article Source: http://EzineArticles.com/?expert=Christopher_Freeman

Divorce Today - Why And Can You Stop It?

By Ben Roscoe

When we hear the word divorce it always brings a negative connotation to our minds. We think of unhappy individuals that can no longer co-exist in the same household. Based off 2002 statistics 59% of our population is married and 10 % of our population is divorced. We see marriage lasting shorter and shorter. The percentage of couples reaching their 25th, 35th, and 50th anniversaries are 33,20, and 5 % respectively. There are 2.04 million single male parents and 9.68 million female.

Why are people getting divorced?

This question is difficult to answer as every couple may have their own specific reasons for divorce. Some of the more common reasons include:

1. Conflicting Personal Beliefs
2. Decrease of Marital Satisfaction and Sexual Issues
3. Communication Issues
4. Adultery
5. Cruel Treatment
6. Bigamy
7. Imprisonment
8. Money
9. Change in Priorities

Obviously, this is just a small number of the numerous reasons for divorce. I am sure anybody reading this has their own.

How can a couple avoid divorce?

The answer to this question will differ depending on which source you reference. The number one response in counseling. This option is only realistic if both individuals are willing to actively participate. Besides this there are other options to consider for self helping your marriage. One theory is to analyze your reasons. It is recommended to write down a list of your reasons for divorce and to analyze that list 1-3 days later. The goal of this is to make sure your reason for divorce is viable. If you are the one considering divorce make sure you are not the problem. Take time to self analyze your own feelings. Ultmately, there are no steadfast answers for how to save your marriage. Both couples need to work together with positive open minds to resolve their differences. I know that can be easier said then done. Stay positive and don't give up!

If anyone reading this is having marriage problems I wish you all the best of luck in reviving your relationship.

This article was written with the hope of giving all those with marriage difficulties a resource for information and help. Hope some of this can help at least one couple. It so it was worth the time. http://www.selfhelpurmarriage.com B. Roscoe Article Source: http://EzineArticles.com/?expert=Ben_Roscoe

Is Divorce Rejection?

By Jackie Walker

Does your divorce make you feel like you are a reject, been thrown back on the pile, totally worthless, and crying in pain? Even if you chose the divorce do you feel that you have maybe rejected a chance to work at something, put yourself back out on the pile, worthless because you couldn't fix your relationship?

See, divorce works both ways - both sides can feel rejected and worthless. And I bet that surprises you! The first thing to do at this stage is recognize that you aren't a reject - you are perfectly imperfect! A reject pair of jeans might be a pair where the stitching of the legs comes not up the sides as they should, but up the front of your knees - I bought a pair like that once and it was really annoying as I didn't notice the flaw when I was in the shop and the shop was in Lanzarote so there was no chance to take them back and be refunded my money! I did wonder though if my legs were perhaps a strange shape and maybe I was at fault and the jean makers were making things to fit other people perfectly! I really like these jeans, the material was so soft, they clung to me and looked fantastic, it was just the seam of the right leg which didn't work. We were just not meant to be and they were not meant to hang in my wardrobe!

You see relationships are just the same, you can try them on and then discover that in fact one size doesn't fit all, and sometimes one style doesn't suit you. The 'flaw' might be something which isn't transparent immediately or you change shape or the colours fade.

You haven't been rejected and you haven't rejected someone else - that is not a useful way to look at a relationship breakdown - what's happened is you don't suit one another any longer. Time for new jeans me thinks.

Jackie Walker The Divorce Coach http://www.thedivorcecoach.co.uk 0800 019 6862 Helping you to get rid of the pain, misery and discomfort of divorce. Article Source: http://EzineArticles.com/?expert=Jackie_Walker

The Divorce Decree in Islam and the Role of Muslim Women

By Ismail Ahmed Alhashmi

Marriage is defined as a consensual legal union of a man and women. The ideal purpose of marriage is a commitment that brings forth a state of tranquility through mutual love and compassion. In Islam, the purpose of marriage is also a commitment that brings tranquility. But in Islam the perception of marriage is more like a mutual contract or in Arabic as "Aqd" from a legal point of view. Like any other contract, the marriage contract requires full consent of the parties involved. Although the parents or guardians of either of the parties advice is important in choosing a marriage partner or use persuasion, but nevertheless the ultimate decision to enter into a marital relationship must be undertaken by each partner. Although this liberally made choice may consist of nothing but taking in compliance the choice of each party's parents or guardian, the ultimate commitment to marriage is of those that are entering to the marriage.

Even though marriage is based on mutual consent, but it is not always true that this consent prevails amongst them forever and for this reason the mutuality of the commitment starts quivering and relationships do fall apart, and that is where divorce comes in. In Islam divorce is completely demoralised. However, the Islamic law provides provisions for the termination of the marriage contract if the marriage commitment fails to work. The termination of the marriage contract can be initiated by any party that has decided that the other party cannot or will not satisfactorily fulfill the commitment in the marriage contract to provide enough physical, emotional, psychological and spiritual happiness for a state of tranquility. Islam encourages both the husband and wife to appoint such persons as to help with reconciliation (known as the "Qadhi" or "Qazi"), but if these attempts also fail, then the procedures for each are established in the Holy Qur'an.

If a man initiates the divorce process, it is termed as the "Talaq." This type of divorce by the man's hand can either be spoken or written three times. But after the repetition of "Talaq" three times, there is a waiting period of three months known as the "Iddat". No type of sexual relationship can take place even if both individuals are still living under the same housing. This waiting period was developed to prevent any hasty decisions that were made with anger and to determine whether or not the wife has been impregnated before that Talaq took place. If the divorce proceeds onward, then the husband must pay in full whatever dowry or "Mahr" or "Sadaq", a contractual gift from the husband to his wife that was promised to the wife in the marriage contract.

In Islam, a Muslim woman has also got the rights to initiate the divorce process; however this is less common and thus less focused on in research and education context. The woman, based on Islamic law and procedures has two options for obtaining a divorce from her husband. One such way is for the Muslim woman herself, to have private negotiations with her husband "in order to secure his agreement to release her from the marriage." (Vatuk, 3) This type of divorce that is initiated by the woman is known as "Khul." If the negotiation with her husband does not produce the desired outcome of divorce, due to him refusing, the woman has a right to consult the Muslim courts to grant the divorce with Muslim law. This is the other option of a Muslim women's divorce from her husband. In the option of a "Khul" divorce, the women must return any of the dowry that her husband has paid to her because she has decided to come out of the wed-lock, which will lead to breaking the contract of marriage.

In the option of dealing with a court mediated women initiated divorce; the woman would need to consult a Qazi before making any trips to the court. The Qazi listens to the woman and offers advice for reconciliation. If the women wishes to proceed onwards, the Qazi would process the paperwork and send to the husband which is "a registered letter, written on official letterhead, summoning him to come on a specified date and time to discuss the matter," (Vatuk, 9-10) After meeting with the husband and receiving his end of the story, the Qazi can retry to offer advice of reconciliation or suggest that the man offer divorce in the form of Talaq. If the husband refuses to grant the Talaq, which entitles her to the rest of the promised Mahr, then the Qazi will push for the husband to offer the wife the Khul she seeks. If he accepts the terms of Khul, the Qazi gathers the necessary paperwork with the required number of witnesses. "In making an agreement for Khul the spouses are free to make any bargain they wish. However, in India most agreements follow a standard pattern: the wife offers to forfeit her Mahr in exchange for her freedom."

The controversy with divorce lies in the idea that men seem to have absolute power in divorce. But, it is clear in the Holy Qur'an because the Holy Qur'an states there is a "degree" of difference with regards to the rights of men and women in divorce, but it is not clear "how much" and "what" privileges a man is entitled to. This is what the jurists have interpreted. This point should also be taken in consideration that if the dissimilarity exists in part to the man who is financial supporter, then it must not be neglected that if the woman contributes or has a major financial input to the well being of the family that, likewise a man, this privilege should also apply to her. Today many of the divorce laws are the interpretations made by scholars that have relatively few references from the Holy Qur'an. As the circumstances are changing and so are human laws, likewise divorce laws have a tendency to adapt to dynamic circumstances.

Ismail Ahmed is a Family Law Advisor. He manages http://www.aboutdivorce.org and http://www.aboutonlinedegrees.org Article Source: http://EzineArticles.com/?expert=Ismail_Ahmed_Alhashmi

Divorced Dad Tips - Finding A Great Lawyer

By Danny Guspie

DISCLAIMER: The following is NOT legal advice, nor is it a substitute for legal advice. If you are in Family Court you will need legal advice, so please see a lawyer.

Finding a great lawyer when you are a divorced dad can be challenging. Here are some helpful insights:

Any dad looking to gain or expand visitation or custody rights must do some research to find a lawyer that has a track record in Family Court. Not every lawyer has the knowledge or experience needed to help you. There are specific steps you can take to find the best lawyer for you.

First, check the lawyers track record. He should be able to show you final orders from a court in previous cases that show what the lawyer has achieved. Whatever the particulars of your case, you need to see your lawyer's track record, to see if the lawyer is capable of obtaining the results you are seeking.

If the lawyer you are interviewing refuses to show you orders, you should tell him that you understand the purpose of a lawyer is to go to court and prove a point. A large part of proving a point hinges on being to present evidence.

Many lawyers will get flustered at this point. But you asking them for proof of their assertion that they have the experience to help you achieve the results you are seeking should not be difficult.

You can add, "I don't need to see the names of your former clients. But I do need to see that you represented other fathers and assisted them in obtaining a favorable court order in this type of case."It's not an unreasonable request - after all you'll be paying thousands of dollars.

Another thing to consider when looking at the orders the lawyer has obtained is whether they were reached by consent. If an order is on consent, the case was easier than if it was argued before a judge. If the ruling was reached by arguing the merits of the case before a judge, then the lawyer actually had to "duke it out".

One last thing: If he refuses to show you court orders, move on. Picking the right lawyer can save you lots of time and money. It can mean the difference between winning and losing.

Divorced dads looking to get a joint custody arrangement or even sole custody cannot just walk into court and expect a favorable outcome. The court system can be a treacherous arena.

It can sometimes feel similar to stepping back to the Roman times when they used to throw people in with the lions. Finding a great lawyer requires the right set of skills.

You can win in Family Court if you adopt strategies and tactics of successful divorced dads, most importantly waging peace on behalf of your children, instead of waging war.

Finding a lawyer who understands this and who can show you they've been successful in Family Court takes time, patience and effort.

But the results are well worth it: Peace for you and your children. During my divorce, I wished for a divorce road map. That's why we created a weekly telewebcast, to help men like yourself.

If you've lost in Family Court, don't give up. There is always hope. You've likely lost because you didn't understand that winning means learning how to effectively "wage peace" in Family Court.

It's definitely tougher to improve and win when you're a dad in Family Court. Base your game plan and strategies upon those of the many successful fathers. You will improve your chances of success immeasurably. Get help from dads who have done what you are doing.

Danny Guspie - Executive Director of Fathers Resources International can help you learn the successful strategies of fathers who have won in Family Court. Join us on our weekly calls at DivorcedDadWeekly.com where we will share with you what works for successful divorced dads. Article Source: http://EzineArticles.com/?expert=Danny_Guspie

Men And Divorce - Can You Answer These 5 Questions?

By Christoph Hickory 

I can sit here spitting out statistics and try to convince you with facts about the status of divorce in the United States, but that won't get down to the root of the problem. Many couples will try their best to stay together, especially if there are kids involved, but they soon find out that being miserable all the time is no way to live.

In some cases, a divorce is the only option even if neither spouse wants to recognize it. But when the time comes to act, the woman is twice as likely to get the the head start. This is usually initiated by the fear of what will happen to her if she is left to fend for herself. Like it or not, most of the time women become comfortable in a marriage and tend to rely on there husbands more than they like. So when threatened to be pushed out into the world alone a sort of survival instinct kicks in. If you couple this with a rabid divorce attorney (who knows that representing the woman is usually the best position for them), then the man can easily find himself backed into a corner with no way out.

Remember something guys... The woman you our divorcing is not the same sweet, loving woman that you married! If you let her and her attorney take control of the situation, then you can be rest assured that you will get the raw end of the deal!

They will try to take everything that they can get their hands on. Your house, your money, your kids!!! And in the meantime they will try to get you to pay for everything, including all the court costs, and even your wife's attorney fees. Without being prepared, I can all but guarantee that they will be granted everything that they ask for.

This doesn't have to be the case! If the man reacts quickly and intelligently, he can greatly minimize the damage. But going out and getting the first divorce attorney you can find is NOT the answer, no matter how expensive and good they claim to be. Sure they will do everything that can to protect you, but remember the longer that battle goes on, the more money they make.

Here are a few questions that you need to consider before you hand over your future to a divorce attorney.

1) Do you know where to find out who is the best divorce attorney for you?

2) Do you know everything that you can do to protect your assets?

3) Do you know how to keep from get caught up in a long drawn-out legal mess that will end up costing you thousands?

4) Do you know how to best communicate with your kids about the divorce?

5) Do you know when you are truly ready to set foot in that courtroom?

At the risk of sounding pushy, if you can't answer these questions, then you have a lot of work to do and a very short time to do it in. My suggestion to you is to get on the ball as quickly as possible. The internet itself is probably the one greatest resource that you have at you disposal. Set aside some time to really get yourself prepared; otherwise you could easily end up like many other divorced men who are now living in an apartment, paying out more than half to their ex, and only getting to see their kids every other weekend.

Don't Make the Same Mistakes that I Did!

Some Great Resources on Divorce Survival for Men Christoph Hickory "A highly opinionated with many life experiences, and a whole lot to say!" Article Source: http://EzineArticles.com/?expert=Christoph_Hickory