Online Divorce Kits- Top Five Mistakes

By Angela C. Holmes
Online divorce kits are being utilized now more than ever. In today's struggling economy, many people are looking for ways to save money and couples are choosing to represent themselves in their divorces in order to avoid paying high attorney's fees. There are numerous resources available online that provide divorce kits to help you represent yourself in your own divorce. You have to be careful, however, that the kit you choose is accurate and legally sound.

The following are five common mistakes made when using online divorce kits:

Mistake #1: Not properly serving the other spouse

Although many online divorce kits provide you with the documents you need to get divorced, they don't always provide you with proper or thorough instructions on how to navigate the legal maze to obtain your divorce. Many times, they do not give any advice at all about how to make sure your spouse is properly served.

In any lawsuit, all parties must be "served." This means that your spouse must be properly notified of the divorce proceedings. Your spouse must either be personally handed the divorce papers by a constable or sheriff, or she or he has to properly execute a "Waiver of Service." Mailing the papers to your spouse is not proper service. A party can sign a "Waiver of Service" to avoid having to be personally served by a constable or sheriff. However, a very common mistake people make when using a "Waiver of Service" from an online kit is having the spouse sign the waiver before the Petition for Divorce is filed. Many divorce kits fail to tell you that this Waiver of Service must be signed after you file your Petition for Divorce, or it is not valid.

If you show up to court ready to finalize your divorce with all of your documents, and your Waiver of Service was signed by your spouse before your Petition for Divorce was filed, the judge will turn you away and make sure you properly serve your spouse before your divorce can be granted.

Mistake #2: Failing to properly calculate child support

Many online divorce kits do not provide you all of the information necessary to properly calculate the amount of child support your spouse will need to pay. Some services will tell you that the child support amount for 1 child is 20%, 2 children is 25%, etc. Although this is basically true, it does not take into account many other factors that the court must consider. The percentage of child support is calculated from the parent's net resources. This means the parent's take home pay after taxes and after the cost of medical insurance for the child(ren). Also, most online services do not explain that if the parent who is going to pay child support has other children, then the percentage amount of child support will be different.

Mistake #3: Leaving out required provisions in the Decree

Most online divorce kits are provided by national businesses that use cookie-cutter, boiler plate language. This can be dangerous because divorce laws vary from state to state. In Texas, for example, there are many provisions, or statements, that must be in your divorce decree for it to be valid and enforceable. For instance, if you have children, there must be a statement about whether or not there has been a history or pattern of family violence in your relationship in the last two years. Many divorce kits neglect to include this provision and others that are required by law. If you are using a kit to get divorced in Texas, you should make sure your divorce kit is prepared by someone familiar with Texas laws and procedures so that you avoid using a divorce kit that does not include important statements required by law.

Mistake #4: Using an unenforceable order

Many divorce kits provide you with a final decree of divorce that is not enforceable. This means that if one of the parties does not follow the terms of the order (such as visitation or child support), then you cannot take your spouse back to court to enforce the order. In order to hold a party responsible for what he or she has been ordered to do, the order must contain very specific language. The problem with many online divorce kits is that they provide fill-in-the-blank, or "check-the-box" provisions that are not specific enough for a court to hold the party responsible for the terms of the order. This can be very devastating for a parent, for example, to learn that he or she cannot take the other parent to court to enforce a child support order and get paid the money he or she is owed, all because the parent used a poorly written divorce kit.

Mistake #5: Going to court unprepared

Most divorce kits do not give you any specific information about the court you will be filing your paperwork in, what you need to bring with you, or what you will need to say for your divorce to be finalized. Many divorce kits simply send you the paperwork and send you on your way, completely unprepared. If you are using a divorce kit to dissolve your marriage, you must be prepared when you go to court. You should know where to go, what building, what courtroom, etc. You should also have a personalized script that tells you exactly what to say when you testify in front of the judge. You should also know what paperwork you will need and how many copies you will need of each set of papers. Many divorce kits lack these basic instructions, so you must be careful to select a divorce kit that will give you all of the information you need.

rel=nofollow [http://onlinedivorcekits.wordpress.com/2009/09/15/how-to-divorce-yourself-in-texas-online-divorce-kits]Divorce kits can be a great tool to help you divorce yourself. However, it is important that you select a kit that is accurate and legally sound. Choosing the proper kit is very important. If possible, you should seek one that is prepared by an attorney in your state.

Texas Legal Partner http://www.texaslegalpartner.com completes custom legal documents specific to your individual case. All documents are completed and thoroughly reviewed by a LICENSED TEXAS ATTORNEY, which will give you peace of mind knowing that your documents are accurate and legally sound. Find online forms for agreed divorce, divorce kits, online will & testament, and learn how to change your name legally online with Texas Legal Partner.

Many routine legal matters are easy for you to do yourself, but some attorneys charge large fees for their time. Texas Legal Partner will guide you through the process, ensure all your documents are completed accurately, and let you know where and how to file them in Texas all for one reasonable price.

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Stop Divorce: "Should You Try To Stop Your Divorce If You're Just Thinking About Getting A Divorce?"

By Karl Augustine

Thinking about getting a divorce doesn't necessarily mean that you should try to stop your divorce. Conversely, it could be wise to try to s top your divorce, only you know whether you should. Just because you're thinking about getting a divorce, doesn't necessarily mean that you should try to stop your divorce, although its logical to automatically assume so.

In order to be clear that you really want to stop your divorce if you're thinking about getting a divorce, you should use any or all of the following steps to make that determination:

Should You Stop Your Divorce?, step 1: Examine why you're thinking about getting a divorce and clearly define and outline those reasons.

This is a vital part of determining whether you really do want to stop your divorce. It is easy to naturally think you should get a divorce if feel empty, confused, alone, frustrated, etc. But do yourself a favor, figure out what actually has you feeling like you do and write it down. Only then will you be able to decide whether you should make a serious effort trying to stop your divorce.

Should You Stop Your Divorce?, step 2: Determine if guilt is seemingly forcing you to think about wanting to stop your divorce of if there's something inside you that really wants to stop the divorce.

Guilt can play a factor when you're thinking about getting a divorce, don't let it be the determining factor for wanting to stop your divorce. If guilt is the major reason that you want to stop your divorce, sit down and re-think everything. Ask yourself if you'll feel sorry for your spouse because you know how he or she will react to your decision to get a divorce. You will know if guilt is swaying you one way or another.

Should You Stop Your Divorce?, step 3: Use projection to foresee how how your spouse will react if you try to stop your divorce.

You know whether your spouse will be please or disgruntled if you try to stop your divorce. You have an idea of how he or she will react if you try to patch things up and avoid a divorce. If your spouse will react positively if you try to stop your divorce, you should be happy. You may have a chance to make it work. But, if your spouse will react harshly to efforts to stop your divorce, you should ask yourself why. Figure out what your spouses motivations would be for reacting negatively and determine whether or not its still worth trying to stop your divorce or if you should just develop a plan to part amicably.

Should You Stop Your Divorce?, step 4: Think about what your life would be like if you tried to stop your divorce and compare that scenario with what your currently going through.

Figure out what you want out of the situation and decide what you want your future to look like. If you feel that your life will worsen by trying to stop your divorce, maybe you should re-think what your planning. If you feel that you'd like to at least try to stop your divorce, even if its for selfish reasons, then take comfort in the fact that you've at least made the decision to act. Also, ask yourself whether or not the life you want is with your spouse, even if everything turned out exactly the way you planned for it and you were able to stop your divorce.

Ask yourself, "Even if I implement this plan and manage to stop my divorce, is this really the person I want to spend my life with?" The answer to this question will help you determine your course of action.

Should You Stop Your Divorce?, step 5: Implement your plan of action to either stop your divorce or plan to get a divorce.

Nothing will change if you don't act. Now that you've decided to work it out or get a divorce, set a plan in motion with your true end goal in mind. If you want to get a divorce, do what you need to in order to get what you need out of the situation...be amicable. You do not want to look back later on and feel like you didn't act in a mature fashion.

If you truly want to stop your divorce, use the right resources to determine the best course of action to do that. Divorce is serious, you should make certain for your sake and for your spouse's sake that you did all you could to stop your divorce...and be happy about it!

© Karl Augustine, 2005

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How to Stop Divorce and Save Your Marriage Now

By Peter Harris
Couples are forever getting divorced. There are a number of reasons that lead to this and people get hurt in the process. If there is anything you can do to prevent this from happening you should consider it, especially if children are involved. If you are in this position you may be wondering how to stop divorce and save your marriage. There are three main steps that you should consider.

1. Saying you've changed doesn't mean you've changed. If you are at fault for what led to the potential divorce then you need to change so that you will not make the same mistakes again. You have to take sincere action and make it so. An example would be if you had an affair it will take time for your partner to trust you again. In order to help with this you may have to let him or her monitor your activities for awhile. You might have to commit to checking in on a frequent basis. This may be difficult for you to do but if you are committed to fixing the relationship this is the commitment you must make.

2. Avoid emotional blackmail. You have to realize that love is not enough to save a marriage. There has to be more to the foundation of a marriage. Trust and respect are two important building blocks of a long lasting relationship. If you've lost these things work on getting them back. If you never had them in the first place you may not have a strong enough foundation to work from. Don't back your loved one into a corner when arguing. For example, never tell your partner that you love them in the heat of an argument. These words mean little when you are both angry. In a way it positions your partner to say it back when they are not prepared to. The words lose their meaning.

3. Don't think that you have to win an argument. Knowing how to stop divorce and save your marriage involves knowing how to compromise. If you feel that you have to always win an argument with your spouse you are creating a defensive atmosphere; not one of mutual respect. It would be impossible to foster a relationship that is healthy and long-lasting when one person is trying to be superior to the other.

This article discusses three steps that you can take to stop divorce. These include taking sincere actions to change your ways if necessary, avoiding emotional blackmail and learning to compromise. There may be alot more to the problems that led you to this point. Putting into practice these three steps can help begin to fix what went wrong.

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Reasons and Causes For Divorce

By Jhong Ren
There are many reasons for divorce and many times most cases can be salvage. I am not here to teach you how to argue and win every time. One can never win every time. And sometimes giving way to each other also means you have won.

How often do you argue with your spouse or partner?

What do you normally argue about?

Sometimes, the roots to these are from very minor stuff like different habits.

You want a good example?

It can be as stupid as the type of perfume the wife uses. Take for instance the wife likes a certain brand of perfume. And it happens that the husband is allergic to the smell and keeps on sneezing.

Using common sense, the wife just needs to stop using it and there won't be any sneeze. What if the wife doesn't want to give way? The husband started to whine and gave a remark like this "If we can't even compromise on this, let's go our separate ways." What will your reaction be if you are the wife?

Oh no! He doesn't love me anymore.

A little disagreement erupted in cries and tears and both husband and wife dig out all the past unresolved issues and add on to the fire.

The volcano spills out more lava and there goes the marriage. This scenario sounds really stupid and even kiddish and sad to say, this happens every day to any one or even you.

There are hundred and one things to disagree about. The body odour, the type of tea they prefer, the tv channels they want to watch at the same timing...the list just goes on. In fact these don't just happen in marriages. These happen in all relationships, be it for couples married for a long time or couples who are just engaged to each other or even couples who have just been together for a couple of weeks.

When a relationship is formed, expectations on each other becomes higher and tolerance level reduces.

A lot of times we have to learn to give way and compromise. I want to stress that giving way doesn't mean you are weak. It has to be done because the relationship matters to you. Sometimes, if you sense that an eruption is going to happen, you just need to brush it aside with some humor.

It is what I do and it works.

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Legal Separation Rather Than Divorce

By Clintong

Legal separation by couple can be equated to a divorce. It involves the same procedure of filing documents with the court to start a legal action. The court is to decide where the children of the intending separated couple will live, the debts, and the assets are also decided by the court. At the end of the process, the parties are legally separated as an alternative to divorce. It means that the marriage is still valid, but the only difference is that they are not responsible for each other and careless what the other party does.

A legal separation is regarded as the best option for couples not getting along. It could also be regarded as break period and a period when couples satisfy their individual desires. It is a nasty idea to rush into getting divorce for some people and it is a decision that has to be well thought out just as the marriage should have been.

Sometimes people work things out when they are on a legal separation. At times it does not work out that easily, but the parties involved insist on getting divorce. A year after the legal separation is granted, one of the parties can convert the separation to a divorce through petition. This can be done without any further hearings and the other party cannot prevent it from happening. Often time people prefer the separation instead of a divorce because of their religious beliefs or for insurance purposes.

The marriage is terminated if the party then decides to get a divorce. In order to achieve this, the parties involved will go to court and decide how to handle questions of the children and how to divide their marital properties. Each party will be responsible for one half of the marital debts if any.

Anything that the couple bought while they were married is regarded as marital property. Whose name the property is in or who actually purchased the property is irrelevant. Bank accounts, pensions and stocks are marital properties even if they are held only in one of the parties’ name. Property brought into the marriage is still marital depending on the length of the marriage and the type of property. The court will be as just as it can and sometimes the parties involved will make the right choices about being fair in the divorce.

Appropriate decision by the couple is necessary regarding how things should be divided before actually going to court. Both parties should have attorneys and this will help the progress of the suit without having to worry about any legalities. This labeled as the best way to protect each party’s assets and to make sure that the proceedings are fair.

The motives behind separation rather than divorce are as follows:
I. Religious Apprehensions – their region may not have supported divorce.
Instead of going against their region belief they will decide to resort to
separation.

II. Awaiting Period for divorce - Their state law may require them to waiting
for a period of time pending the entry of a judgment of divorce. Since they
can no longer cope together they will prefer to separate.

III. Probationary Separation - they may decide to separate during trial period
hope that the marriage can be reconciled.

IV. Insurance issues - they may wish to allow one of the spouses to benefit
continually from the insurance coverage provider of the other spouse.

V. Tax deduction – they may go into it in order to take the associated tax
deduction.

VI. Social Security and Pension Benefits - Sometimes spouses may wish to defer
formal divorce until the married is long enough to qualify them for
certain Social Security or pension benefits.

The question now is that is it possible for marriage couple to separate without going to court? The answer is yes if there is mutual understanding among the couple. It could also be a written agreement.
But is it the way best way of resolving marital issues? More insight is required...


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