Tuesday, May 31, 2022

Surviving Divorce: David Sbarra at TEDxTucson 2012


David A. Sbarra, Ph.D., is a clinical psychologist and Associate Professor of Psychology at the University of Arizona where he serves as Director of Clinical Training. Dr. Sbarra teaches advanced graduate courses in psychotherapy, he is the author of numerous research papers and book chapters concerning divorce, stress, coping, and both mental and physical health. In addition to his is work as a professor of psychology, Dr. Sbarra maintains a small clinical practice in Tucson.

David's TEDx talk describes his latest research on divorce and healing in the aftermath of marital separation. Nearly 50% of marriages end in divorce, and David's research is illuminating new ways to promote recovery after this stressful life event.

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Saturday, May 28, 2022

Types of Divorce : No-fault divorce


Most Western jurisdictions have a no-fault divorce system, which requires no allegation or proof of fault of either party. The barest of assertions suffice. For example, in countries that require "irretrievable breakdown," the mere assertion that the marriage has broken down will satisfy the judicial officer. In other jurisdictions requiring irreconcilable differences, the mere allegation that the marriage has been irreparable by these differences is enough for granting a divorce. Courts will not inquire into facts. A "yes" is enough, even if the other party vehemently says "no."

The application can be made by either party or by both parties jointly.

In jurisdictions adopting the 'no-fault' principle regarding whether to grant a divorce, some courts may still take into account the fault of the parties when determining some aspects of the content of the divorce decree, e.g., its terms for the division of property and debts and the absence, or amount, of spousal support. Provisions related to child custody are determined using a different fundamental standard: the child's or children's best interests; At the same time, some behaviors that may constitute marital fault (e.g., violence, cruelty, endangerment, neglect, or substance abuse) may also qualify as factors to be considered when determining child custody, they do so for the independent reason that they provide evidence as to what arrangement is in the child's or children's best interests in the future.

Read more, here.

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Wednesday, May 25, 2022

Types of Divorce : Summary divorce

A summary (or simple) divorce, available in some jurisdictions[which?], is used when spouses meet certain eligibility requirements or can agree on key issues beforehand.

Key factors:

  • Short duration of marriage (less than five years)
  • Absence of children (or, in some jurisdictions, prior allocation of child custody and of child-support direction and amount)
  • Absence or minimal value of real property at issue and any associated encumbrances such as mortgages
  • Absence of agreed-as-marital property above a given value threshold (around $35,000 not including vehicles)
  • Absence, with respect to each spouse, of claims to personal property above a given value threshold, typically the same as that for total marital property, with such claims including claims to exclusive previous ownership of property described by the other spouse as marital
Read more, here.

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Sunday, May 22, 2022

Where Do I Start After A Divorce?


Alan is recently divorced and is starting over. He calls dave for advice on where to begin.

1371-C Oliver Road
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By Phone: 707.428.9871
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Thursday, May 19, 2022

Types of Divorce : At-fault divorce


Before the late 1960s, nearly all countries that permitted divorce required proof by one party that the other party had committed an act incompatible with the marriage. This was termed "grounds" for divorce (popularly called "fault") and was the only way to terminate a marriage. In the United States, no-fault divorce is available in all 50 states, as is the case with Australia, New Zealand, Canada and other Western countries.

Fault-based divorces can be contested; evaluation of offenses may involve allegations of collusion of the parties (working together to get the divorce), or condonation (approving the offense), connivance (tricking someone into committing an offense), or provocation by the other party. Contested fault divorces can be expensive, and not usually practical as eventually most divorces are granted. Comparative rectitude is a doctrine used to determine which spouse is more at fault when both spouses are guilty of breaches.

The grounds for a divorce which a party could raise and need to prove included 'desertion,' 'abandonment,' 'cruelty,' or 'adultery.' The requirement of proving a ground was revised (and withdrawn) by the terms of 'no-fault' statutes, which became popular in many Western countries in the late 1960s and early 1970s. In 'no-fault' jurisdictions divorce can be obtained either on a simple allegation of 'irreconcilable differences,' 'irretrievable break-down', or 'incompatibility' with respect to the marriage relationship, or on the ground of de facto separation.

Read more, here.

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Monday, May 16, 2022

Types of Divorce : Contested

Contested divorces mean that one of several issues are required to be heard by a judge at trial level—this is more expensive, and the parties will have to pay for a lawyer's time and preparation. In such a divorce the spouses are not able to agree on issues for instance child custody and division of marital assets. In such situations, the litigation process takes longer to conclude. The judge controls the outcome of the case. Less adversarial approaches to divorce settlements have recently emerged, such as mediation and collaborative divorce settlement, which negotiate mutually acceptable resolution to conflicts. This principle in the United States is called 'Alternative Dispute Resolution' and has gained popularity.

Read more, here.

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Friday, May 13, 2022

Living Trust and Wills - By the People


Living Trust or a will? Rene talks about some of the differences and what sets one apart from the other to help you make the best decision for your needs.

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Tuesday, May 10, 2022

Types of Divorce


In some jurisdictions, the courts will seldom apply principles of fault, but might willingly hold a party liable for a breach of a fiduciary duty to his or her spouse (for example, see Family Code Sections 720 and 1100 of the California Family Code). Grounds for divorce differs from state to state in the U.S. Some states have no-fault divorce; some states require a declaration of fault on the part of one partner or both; some states allow either method.

In most jurisdictions, a divorce must be certified (or ordered by a Judge) by a court of law to come into effect. The terms of the divorce are usually determined by the courts, though they may take into account prenuptial agreements or post-nuptial agreements, or ratify terms that the spouses may have agreed to privately (this is not true in the United States, where agreements related to the marriage typically have to be rendered in writing to be enforceable). In the absence of agreement, a contested divorce may be stressful to the spouses.

In some other countries, when the spouses agree to divorce and to the terms of the divorce, it can be certified by a non-judiciary administrative entity. The effect of a divorce is that both parties are free to marry again if a filing in an appellate court does not overturn the decision.

Read more, here.

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Saturday, May 7, 2022

What is Divorce?


Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. Divorce laws vary considerably around the world, but in most countries, divorce requires the sanction of a court or other authority in a legal process, which may involve issues of distribution of property, child custody, alimony (spousal support), child visitation / access, parenting time, child support, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person.

Divorce is different from annulment, which declares the marriage null and void, with legal separation or de jure separation (a legal process by which a married couple may formalize a de facto separation while remaining legally married) or with de facto separation (a process where the spouses informally stop cohabiting). Reasons for divorce vary, from sexual incompatibility or lack of independence for one or both spouses to a personality clash.

The only countries that do not allow divorce are the Philippines and the Vatican City. In the Philippines, divorce for non-Muslim Filipinos is not legal unless the husband or wife is an undocumented immigrant and satisfies certain conditions. The Vatican City is an ecclesiastical state, which has no procedure for divorce. Countries that have relatively recently legalized divorce are Italy (1970), Portugal (1975, although from 1910 to 1940 it was possible both for the civil and religious marriage), Brazil (1977), Spain (1981), Argentina (1987), Paraguay (1991), Colombia (1991; from 1976 was allowed only for non-Catholics), Andorra (1995), Ireland (1996), Chile (2004) and Malta (2011).

Read more, here.

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By Phone: 707.428.9871
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Wednesday, May 4, 2022

Legal Document Preparation - By The People


Rene talks about how By The People Document Preparation Service in Fairfield CA can help people with uncontested legal matters in an inexpensive way.

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By Phone: 707.428.9871
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Sunday, May 1, 2022

Need help with paperwork?

UNCONTESTED DIVORCE  |  LIVING TRUSTS  |  WILLS  |  DEEDS  |  NAME CHANGES |  NOTARY PUBLIC  |  POWER OF ATTORNEY |  INCORPORATION/LLC |  PROBATE  |  OTHER UNCONTESTED LEGAL MATTERS

1371-C Oliver Road
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By Phone: 707.428.9871
By Fax: 707.428.9873

By Email: btpfairfield@sbcglobal.net