New York Centre For Divorce

The New York centre for divorce and mediation offers a range of services about family relationships. Each of it plays a vital role giving more space to lead a complete happy family. Their service includes couples therapy, divorce and recovery, psychotherapy, psychoanalysis, collaborative divorce and mediation services. These services range with experienced professionals from the centre of divorce and recovery and the professional divorce and mediators in New York.

The peaceful forms of life are seen with the help of NYC divorce. It brings the complete solution to family relationships, thy helps to overcome the stress, strain and pain passing these days. Their situations are mastered by professionals with thorough analysis and starting with counseling. To get the solution for the problems, counseling in New York centre helps the couples to decide their commitments and responsibilities.

Individuals passing through a complex stage of life with destructive behavioral patterns, imbalance state in work and relationship with repeated failures are guided with the expert therapists in New York City. They can overcome such conditions with two experts and should have a consultation with psychoanalytic psychotherapists.

NYC therapists, psychoanalysts and psychotherapists play the key role with analyzing the persons strange conditions and problems under certain sessions according to their impact. Psychoanalysts connect the person with three to four sessions or sometimes five sessions a week, thoroughly analyzing their background and feelings. While connecting often helps the person to express out freely and could come out of their problem shell. Psychoanalysis is more helpful to fight the persons negative feelings and emotions. The sessions are proceeded with psychoanalytic psychotherapists consultation, where it helps the individual to express out and know their right way of life.

Marriage counseling in NYC helps the person to know oneself. It is very much important as it helps to avoid negative marriage complications like divorce or misunderstandings. With couples getting started with marriage counseling will have a very good understanding to life on a broad spectrum. Added to it, they are able to gain the best relationship with better understanding and good level of adjustments. Adjustment and patience is widely necessary, which they are advised to master in every phase of life.

NYC psychotherapy is the different approach to the people is the first step of consultation with the psychotherapists. After a consultation the patient is proceeded with further reference where they should offer all the necessary details including the insurance coverage. Soon, they are guided to solution on a unique way.

How does Legal Separation differ from Divorce

Legal separation is where a married couple legally separate without getting divorced. During this legal process decisions regarding children (such as custody, visitation rights and maintenance payments) and financial issues (such as debt, mortgages and assets) are decided upon. It is really an official separation, going further than simply living apart but not as far as getting a divorce. After a legal separation a couple are still legally married but live separate lives. They are formally living apart and the courts may be used if there are any disputes.

In some ways a legal separation is like a divorce, with the most obvious reason being that the couple are not living together. If a couple have children similar arrangements need to be made as they would were they divorcing, either through agreement or through the courts. Where each spouse lives and who pays for it needs to be established as does who has access to shared funds or assets.

So, why do couples choose legal separation instead of just getting divorced? Some opt for this because they dont like the idea of getting divorced, possibly for religious reasons or they dont want the stigma of being divorced. Often couples use legal separation as a trial to see if they would like to stay together or divorce. It gives them time and space to make a decision. They may find that living apart makes them realise they miss each other and want things to return to the way they were, or they may want to be separated permanently. Sometimes legal separation leads to divorce, sometimes it leads to reconciliation and sometimes they remain separated without getting divorced.

Although some couples remain separated for good without divorcing, this is fairly rare. If they are not going to remain together as a couple most will prefer to cut their ties with each other. Another important consideration is that while still married, they are unable to marry anyone else.

So, is legal separation necessary or can couples simply live separately without the legal process? Well, they can if they wish, but it is not always that simple. Whether that is preferable depends on an individual couples situation and preferences. Legal separation can be more complex in some ways due to the legal processes that must be gone through. But, on the other hand, it can also simplify things as they will both know where they stand on certain issues.

Beatrice Sareen (c)

Child Molestation World Record Holder!

Being the CNN loyalist and avid conspiracy theorist that I am, I couldn’t help but zoom in on the plague of child molestation cases that dominated the headlines circa. 1999. It seems that through time even celebrities are not immune, Michael Jackson, Roman Polanski, Jerry Lee Lewis, Bishop Eddie Long, former Oregon Governor Neil Goldschmidt who confessed his guilt, and R&B singer, R. Kelly had bouts with the accusations as well. Without a doubt, the Catholic priests seemed to take the lead in such an evil taboo that society has been forced to talk about. So-called cult leader, David Koresh, of the Branch Davidian was also accused as well as the Mormons of Utah, who have always been held in contempt by the other 49 states that look down on them for their lawful practice of polygamy.

In the case of the Catholic Priests, it is strange that to my knowledge, I haven’t seen any of them ever serve a prison sentence. My best guess is, they are covered by the Vatican, which is its own sovereign entity. So there is no way they can really be sued. So basically, what we are seeing is more or less “here is your money, leave us alone payments, that are made out to be civil law suits for damages, emotional distress, and ‘pain and suffering.’

However, none of these made my ‘conspiracy theory’ alarm go off as did the infamous 2002 case of H.E. Rev. Dr. Malachi Z. York-El, who was known as the leader of the Nuwaupians. To bring the reader up to speed, H. E. Rev. Dr. Malachi Z. York-El, is a Consul-General and Diplomat for Liberia, West Africa, whose passport number is: D/003828-04, which would bring with it Diplomatic Immunity. Accusation per accusation, this case seemed to me very bizarre and far-fetched. Rev. Dr. York was accused of molesting up to 13 children, up to 10 times a day, for up to 10 years!! My first thought was, “That is a lot of sex,” and immediately my suspicions started.

Just think, if we take one child for let’s say 5 times a day for 5 days a week, if I am correct, that is 25 times of having sex in one week. Now, multiply that 25 times by 13 children and that is 325 times he would have had sex for that week, correct? Now, we take 325 times a week by 52 weeks, again if I am correct, that comes to 16,900 times he would have had sex in a year!!!! Now, let’s take that into perspective against the 20,000 times the Great Wilt Chamberlain said he had sex in his lifetime!! I would also challenge any pornographic film star to equal those numbers as well. OK let’s finish it up, take that 16,900 times 10 years, if I am correct again, that comes to 169,000 times!!!! Which in my mind would be a world record indeed. I was quite surprised when Viagra didn’t want to use him as a spokesman and even more surprised when Guinness Book didn’t list him as well!

While downtown Atlanta, I ran into some men who were ‘propagating’ the Nuwaupian doctrine and defending Rev. Dr. York’s innocence. Many of the issues I had with what was being said in the media about the case were confirmed with my conversations with them.

Issue 1: How could Rev. York be arrested even after presenting his Diplomatic credentials to the arresting officers? The Nuwaupians answered that because of the doctrine that Rev. York has presented to the world, there are people who wanted him off the streets as a free man at all costs. Taking into consideration, that Malachi York is also a sovereign who knows what his status and the UCC CODES entail. This was also something that he wrote about in one of his books called, “Let’s Set The Record Straight.” In it he outlined the history between America and Morocco and the treatise that were made between them, namely the Treaty Of Peace And Friendship, which is the oldest treaty that is still recognized to this day.

Issue 2: Why would Dr. York plea guilty after originally entering a plea of innocent and the evidence clearly proved him innocent? This was done because Dr. York was told the women who were with him at the time of his arrest, would be let go if he would plea guilty, being that they were Innocent and it was he who the prosecution really wanted in the first place.

Issue 3: How the hell could somebody possibly have sex that many times, yet alone have enough time? Again, they confirmed my suspicions with facts and common sense. It was clear that children were behind this plot, because any adult would have know it is impossible to have sex that many times. Put to me as such, H. E. Malachi Z. York has written over 400 books. That’s right over 400 books!! Now, find any person who publishes books and ask them how long the process of writing and publishing just one book is and see what they say.

Issue 4: How did the whole mess start in the first place? They told me that it was all started by a group of kids who lived on the Nuwaupian land and could not break rules as they wanted. It was against the rules to have sex if they weren’t married, they couldn’t dress in skin tight clothing and go out to party. They got fed up with the rules that were in place to keep the order that was established by Dr. York and that was their way of getting back at him. They then conspired with the racist sheriff by the name of Howard Richard Sills, of Putnam County, GA, who hated the Nuwaupians and could not come to grips with the reality that a group of Black people lived together, had wealth and no criminal records. In return, for a conviction, the government promised them they could sue Dr. York for millions of dollars and split the pot between them.

It was also the result of the 476 acres of land that the Nuwaupians owned stood in the way of an economic plan that the Putnam County government had in development for the next 20 years. This economic plan included turning the city of Eatonton/Putnam County, GA into a tourist attraction/resort area of sorts. This also had ties with neighboring Greene County that has a major resort area called Reynolds Plantation and a Ritz-Carlton Hotel. Reynolds Plantation is owned by Mercer Reynolds, who is a close friend and business partner of Former President Bush the younger. Recently, Reynolds has been in the headlines for having to sell some his assets to satisfy lenders.

Now with all these things being said, let’s look at some medical evidence to prove that Rev. Dr. Malachi Kobina York could not be guilty of these false allegations:

1. Dr. Frederick Bright, MD OB/GYN, who is licensed to practice in the state of Georgia, was called in as a medical expert by the family of Dr. York to review the information and evidence that was brought in by the government/prosecution as early as Dec. 2002. After his examination of the evidence and testimonies of the alleged victims, he found many what he termed ‘consistent inconsistencies.’ This case was purely a ‘hearsay’ case!

2. In child molestation cases it is the normal procedure to have medical examinations done within 72 hours of the alleged molestations, the acute stage of the alleged events, to obtain forensic evidence-skin, hair, semen, saliva, etc, from the genital areas. What Dr. Bright found was that no history of events was taken by the examiners to determine the level of evaluation necessary for each victim which is very critical.

3. Some of the children had STD’s, including Chlamydia and Herpes 1. Dr. York upon examination, was found to have had none of these diseases and did not even have the anti-bodies present to suggest that he was even treated for any of these diseases and had them cured. For the record, all of the alleged victims didn’t have an STD. This shows an inconsistency. They all should have had the same STD, because they testified that Rev. Dr. York would go from one to the other. There was no DNA evidence ever found to suggest that Rev. York had engaged in any sexual acts with any of these alleged victims. There were no pregnancies. There were no testimonies of condoms being used and these girls were at the age of puberty.

4. When interviewed, none of the children gave any exact dates of the “molestations” that occurred. This includes nothing about “I remember because it was two days before my birthday.” They always gave very vague time frames, like it was the summer of 1998 or it was the fall of 1999, which doesn’t give a defendant anyway to prove he was not in said place at said time. Many of their testimonies contradicted each other about who was present when what they saw was supposedly happening to the other. There were also no mentions or testimonies by any of the alleged victims of any abortions or anything about each time Dr. York changed the bedding or anything about plastic covers on sheets.

5. There were no recorded interviews or statements(written, audio, or visual) from the alleged victims that could be evaluated by the defense experts which means the government/prosecution could make any statements necessary to bring charges against the accused. This is very important because the absence of recorded interviews prevents scrutiny of the prosecutions statements by the defense. Also, in the event contradictory information is identified, the contradictions can easily be dismissed or explained away by the prosecution. THIS TYPE OF CONDUCT SUGGESTS THAT THE GOVERNMENT/PROSECUTION HAD NO INTEREST IN ACCURATELY RECORDING THEIR FINDINGS OR THE VICTIMS WERE GIVING UNRELIABLE STATEMENTS. WHICH EXPLAINS WHY THE COURT WAS CLOSED TO THE PUBLIC DURING THE TRIAL AND THE TRANSCRIPTS WERE SEALED AFTERWARDS!!!!

6. 5 other children were taken from the Nuwaupian land that was called Tama-RE, Egipt of the West, without consent and knowledge of their parents and given examinations by state agencies and not one of them were found to be abused, sexually, mentally, or physically.

7. 8 of the 13 who originally alleged abuse by Dr. York, recanted their own testimonies on sworn affidavits. Too add to that, many of their own immediate family testified against them and said they were lying

8. The government’s ‘Star Witness’, Abigail Washington, recanted her testimony of abuse as well on a sworn affidavit and even recanted her testimony that Rev. Dr. York was guilty of the money structuring charges.

9. FBI LEAD INVESTIGATOR, JULAINE WARD, TESTIFIED UNDER OATH, IN COURT THAT SHE HAD NO EVIDENCE OR EYEWITNESSES TO PROVE OR SUGGEST THAT REV. YORK TRANSPORTED OR CAUSED TO BE TRANSPORTED, ANY CHILDREN FOR THE PURPOSE OF ILLICIT ACTS. NOTE TO THE READER: THIS WAS THE SOLE REASON FOR THE ENTIRE TRIAL!!!!

10. Assistant D.A. Richard Moultrie, stated for the record that he had no video tapes to prove any of the allegations. This is important because supposedly, video tapes were said to have been made of Dr. York engaging in these alleged acts.

In closing, I would like to add some little known facts about Rev. Dr. York that I found from doing a little research. Dr. York over the past 40 years has written more than 400 books on religious, scientific, and historical topics. THAT’S RIGHT 400 BOOKS!! Anyone who has written a dissertation, thesis paper, research paper, documentary, etc, knows how much energy and time goes into writings such as these. So ask yourself, “How the heck does someone have enough time to write 400 books, yet alone do it while molesting 13 kids everyday, all day for over 10 years?” IT’S ABSOLUTELY IMPOSSIBLE!!

The Signs of a Genuine and Decent Notary Public

A notary public is a person who has been appointed by a government official high up the food chain of the government to be the official government witness to any and every legal matter of the utmost important that requires witnesses to be present at any legal signings or similar events. Notary publics are extremely important individuals who carry a lot of significance in whatever area they have been appointed to serve by their higher ups.

Many people can have trouble telling a genuine and completely decent notary public from a not so decent one. If a person would know the signs that genuine and completely decent notary publics have that differentiate them from the rest, they will be able to distinguish the genuine, decent ones from the others. Well, the following are some of the most common and concrete signs that a decent notary public such as a notary public Vaughan has:

They have official authorization

The one sign that a person can use to easily distinguish between the genuine, decent notary publics and the rest is official authorization. Genuine notary publics are bestowed official authorization from a government official high up the food chain, which, in most cases, is the secretary of state, and this official authorization can be easily used to determine whether or not a notary public is a genuine and decent one.

They are completely honest in their dealings

A sign that most definitely indicates that a notary public is genuine and decent is them being completely fair in each and every one of their dealings. Notary publics are appointed to be witnesses to important legal matters, and since that is so, they need to be completely honest in their dealings.

Justice and equality are words they live by

The average notary public such as a notary public Vaughan vows to serve the public with attributes such as fairness, justice and equality. It is the responsibility of a notary public to see every single person that they have dealings with in the same light and treat every person equally. A strong regard for the words justice and equality is a sign of a genuine and completely decent notary public.

They are friendly

Last, but not the least, another indicator that a notary public is a genuine and decent notary public is how they behave towards other people. Genuine and decent notary publics are extremely friendly and compassionate to the people in the surroundings.

Dallas Child Support Attorneys

Divorce in Texas – taking care of the kids.

Divorce is never easy. It is an admission on one or both spouse’s parts that they did not manage to sustain a marital relationship. Often there is a lot of bitterness with one or both parties invoking blame and retribution on the other. This is particularly exacerbated where there are children involved. It is important for one’s interests to be represented by a skilled attorney well versed in Texas family law in divorce cases where there are minor children.

The whole area of family law to do with Child support, custody, visitation rights is a major area of practice for Dallas Family Law Attorneys.

In Texas “conservatorship” is the name given to define what rights and duties the parents have after the finalization of divorce. Despite what bitterness there may exist between the spouses the interests of the children are actually paramount. Thus in the vast majority of divorce settlements there will be parental rights and duties awarded to both parties. This is known as “Joint managing conservatorship”.

The actual residence of the children is also usually awarded to one parent and usually the mother. Nevertheless the other spouse will still have visiting rights and the right to be regarded as the parent. It is only in cases where the one parent is shown to be irresponsible or impaired as a parent, such as being an abuser of alcohol, drugs or being physically violent that this is overturned.

This visitation and parenting is an area of great potential conflict. Bitterness and anger plus fear and insecurity are some of the emotions that have to be dealt with. Nevertheless it is in the children’s interest that these matters be agreed and adhered to as amicably and as fairly as possible. Family Law attorneys will all deal with issues such as this often. It is strongly advisable that their counsel be followed to help the children cope with the trauma of their parents separation.

Conservatorship is but one aspect of family law, the next of course is the financial support. It should be emphasized that support may equally be sought for a child born out of wedlock. There are many cases of mothers pursuing, and winning child support from fathers of children resulting from extra marital encounters. In these cases paternity must be shown in Texas law.

There is a set “Tariff” or rate for child support laid down in Texas law. If the party has children from one marriage that has ended child support will be determined as a percentage of their “Net resources” in other words everything they might have which has value as an income. 20% for 1 child up to 40% for 5 or more. If there are children from other relationships the calculation is more difficult.

Child support ends when the child reaches the end of secondary education or the 18th birthday whichever is the latter. In all matter of child support knowledge of both parents rights and the amount due for the care and upbringing of the children is crucial. For this reason it is advisable that a firm of Family Law attorneys be appointed to represent the client and look after their interests.

Quick Divorce Miami — 4 Myths About Divorce Mediation

Are you looking for a quick divorce in Miami? Then I’ll tell you what many people have probably already told you before — hire a divorce mediator. But if you have doubts about divorce mediation, this article will debunk four of the most common myths about this relatively new practice.

Myth #1 – Mediation Is Like Marriage Counseling.

I’ll say it once and for all — mediation is NOT marriage counseling. Divorce mediation operates on the assumption that you, and your spouse, WANT the divorce. And so it works towards quickly and conveniently reaching a compromise that both parties are happy with.

Your Miami divorce mediator will take your needs and expectations from the divorce, and then impartially compares them with your spouse’s. Then, taking the divorce laws of Florida into consideration, your mediator will craft a settlement that both you and your spouse will find acceptable.

Myth #2 – Mediation Is An Unnecessary Expense.

It’s a given that divorce is expensive. When done the “usual way,” you’ll have two lawyers (yours and your spouse’s) battling it out in court, with their endless debates and adversarial letters going back and forth for over a year. As your legal bills pile up, why add the cost of mediation to the mix, right?

Fortunately, that’s not how it works. Hiring a divorce mediator actually happens BEFORE you go to the courts. Couples who do so can look to save up to $12,000 or more, because they don’t need the services of their lawyers yet while the divorce mediation sessions are going on.

Myth #3 – Mediation Only Delays The Inevitable.

Sure, divorce is inevitable between you and your spouse. But hiring a divorce mediator is hardly a delay! In fact, since divorce mediation avoids the usual confrontation and endless debates, it actually saves time by helping you and your spouse reach an agreement much more quickly.

The average time required by a divorce mediator to help couples reach amicable settlements is 90 days — 15 months less than what the courts usually take to do the same! Your mediator will ensure a quick divorce in Miami by helping you and your spouse reach an agreement, drafting it up, and then forwarding it to your lawyers to be finalized with the courts.

Myth #4 – Mediation Is Discouraged By The Legal System.

Yes, some lawyers disagree with divorce mediation, and insist that the legal system is still the best venue to process divorce cases. We can’t blame them for saying so — after all, they make much of their living processing divorce cases!

But today, Miami courts actually like divorce mediation. Since they won’t have to sit through months and months of debates, they speed up the processing of other cases. What’s more, divorce mediation is also recommended by lawyers who sincerely care for the well-being of their clients and their families.

Want A Quick Divorce In Miami?

The answer is simple — find a good divorce mediator! The best ones out there have been doing it for quite a while, have good knowledge of the Florida legal system, and have a long list of satisfied clients in their portfolio.

Landlord and Tenant Law – The Importance of A Written Tenancy Agreement

Does a Tenancy Have to Be in Writing? Under the Law of Property Act 1925 and the Law of Property (Miscellaneous Provision) Act 1989 any contract for the creation of an interest in land is invalid and unenforceable unless it is do so in writing. Interest in land would include mortgages, sales and transfers, charges or leases. The exception to this rule is that an oral lease may be created so long as it is;

* For the best rent reasonably obtainable (i.e. a market rent) * For a period of less than 3 years

This means that a tenancy can generally be created by verbal a agreement, although this isn’t advisable as verbal contracts would be difficult to prove and if the relationship between the landlord and the tenant breaks down, an expensive court proceeding may be have to take place in the absence of clear and unambiguous terms. This is why a written tenancy agreement is therefore in the best interests of both the landlord and the tenant.

Written Statement of Terms At the moment every residential tenancy is presumed to be an Assured Shorthold Tenancy unless there is an agreement that states otherwise. Tenancies of this type are subject to special rules.

When there is no written tenancy agreement, section 20A of the Housing Act 1988 provides that the tenant is entitled to be provided on demand with a written statement setting out the following terms of the tenancy:

* Term or length of the tenancy

* Date on which the tenancy commenced

* Dates on which rent is payable

* The rent due under the tenancy

The landlord is required by law to provide this statement within 28 days of receiving written notice from the tenant. Any failure to comply with the requirements of this act wil be classed as a criminal offence and if a landlord fails provide the requested statement within 28 days, they may be convicted and fined up to 2,500.

What Should I Put In The Tenancy Agreement? The information on dates and rent payments that landlords are obliged to provide the tenant under the Housing Act, a tenancy agreement will usually include provisions which relate to the following:

* Details of additional bills & service charges

* Inspections

* Procedure for ending the tenancy and resolving disputes

* Procedure for varying the rent

* Responsibility for maintenance

* Restrictions on the use of the property

In all tenancies, the tenant will have a number of basic rights which cannot be taken away or restricted, and any provision of the tenancy agreement which attempts to do so will become invalid. Where one provision or term of a contract such as a tenancy is found to be invalid, other provisions which refer or relate to that term may be unenforceable. Because of this, care should be taken when drafting a tenancy agreement and you may want to consult a professional.

If you own several properties which you rent out, it may be more cost-effective for you to ask a lawyer to draft you a standard-form tenancy agreement which you can customise for each individual property rather than consulting a solicitor for each individual tenancy.

Collaborative Divorce — breaking up doesn’t have to mean breaking the bank

The collaborative process, started by Minneapolis family lawyer Stuart Webb in 1990, provides alternative dispute resolution using a team of professionals working jointly for the couple, rather than in adversarial roles. It is just now hitting the radar screen in Illinois, where practitioners estimate that about 300 divorces have been handled this way in the last several years. The state averages about 35,000 divorces a year, records show.

Both parties agree not to enter litigation. Couples often hire attorneys trained in collaborative law and bring in shared accountants, financial planners, business valuation experts, child psychologists and even life coaches to help the couple. Unlike impartial mediators, the attorneys can advise their clients as advocates.

Proponents say it dramatically cuts the tension–and the costs–involved in traditional contested divorces.

There are skeptics, however. Among the critics are those who say the peacefulness of the process encourages divorce and attorneys who say the best representation for any divorcing spouse is a vigorous offense.

Participants in a collaborative divorce sign documents promising to disclose all assets, and their attorneys agree to walk away from the case if the parties end up going to trial.

An average contested divorce can run about $30,000, but it’s not uncommon for some to reach six figures, attorneys say.

Collaborative costs vary widely, depending on the number of professionals involved and the number of meetings it takes for spouses to agree on a settlement. Collaborative attorneys estimate that most of these cases settle for half to a third of what their bill would have been with a court battle. Settlements must be reviewed and approved by a judge.

Costs ranged from $5,000 to $21,000, representing as high as 15 percent of annual household income.

Even friendly divorces come with costs that reach beyond the courtroom, however, and women especially tend to feel the strain. Divorce Magazine reported the drop in standard of living for women after divorce was 45 percent in 2000. About 20 percent of people filing personal bankruptcy had been recently divorced, according to Harvard University law professor Elizabeth Warren, who has studied families in dire financial straits since 1986 and who is considered one of the leading national authorities on bankruptcies.

Your staff: In addition to consulting attorneys, divorcing couples are turning to specialized financial planners to run living cost estimates, decide the value of family businesses and prepare investment return projections on proposed settlements.

Typically these are accountants, certified financial planners or other financial advisers who offer a specialized divorce practice. Someone who has a Certified Divorce Financial Analyst designation has also taken a self-study course and completed four exams related to divorce finances, but be sure to inquire what other credentials he or she has. Training is done through the Institute for Divorce Financial Analysts in Southfield, Mich. (800-875-1760).

If you’ll need help valuing assets or a business, or suspect your future ex may be hiding money you also may need to contact a forensic accountant.

If you are the primary breadwinner but are considering a lower-paying job as you go through the divorce transition years, tread carefully. Some judges will require you to maintain your family’s previous standard of living. A judge may rule you’re more than capable of a high earning power and decide to award less alimony.

Your portfolio: If you think you’ll have to draw down some retirement money to cover expenses in the first few years of divorce, do it sooner rather than later, this way you can take a distribution at the time of divorce without a penalty,

Your tax return: Be sure to consider the tax consequences of your divorce settlement. The more money a primary breadwinner doles out as alimony instead of child support, the more he or she can deduct from income, experts say. The spouse receiving the alimony will have to pay income taxes on the money, but usually it will be at a lower tax bracket. Child support, on the other hand, isn’t deductible from income.

Divorce Law Myths in Australia

There are many myths about the laws that govern divorce in Australia. A lot of television shows, such as Boston Legal will have many viewers believing that divorce is a complicated and daunting process. However the majority of divorces never make it to court and only about 5% actually have a judge that makes the final decision. The majority of divorce claims reach a mutual agreement between the two parties before entering the courtroom.

The assistance of a lawyer will speed up the process and will guide you through any complications along the way. A qualified divorce lawyer can answer all questions relating to your divorce claim, including child custody, courtroom affairs and division of assets and property. In most cases your lawyer will be able to reach a settlement with the other party without standing before a judge.

Equal Child Custody
The idea that children will receive equal custody by both parents is not true and neither is the thought that mothers receive more custody. There are a few legislations that state equal child custody however these legislations are not mandatory. The truth is child custody is decided by 3 factors; firstly the childs age and their ability to decide which parent is in their best interest.

Secondly, the safety of the venue the child will be residing, including the home, contents and the surrounding area. Lastly is the practicality of the arrangement, including the distance from school and other facilities the child requires. Another myth surrounding child custody is that there is a high abuse rate. The abuse rate is actually higher in intact families as opposed to separated families where both parents have custody.

Half All Assets and Property
Again only 5% of divorce claims settle property and assets before a judge, as the majority of claims are settled outside of court. Even when settling before a judge, the chance of receiving equal amounts is very rare. In contrast to what many people believe, the earning capacity of each spouse is not the basis for the division of property and assets. Rather home duties are weighed together and the home maker will in most cases receive up to 70%.

For example the father may be more employable than the mother; however the mother has more home caring skills and will most likely end up with a larger settlement. There are cases where the main home carer will not receive the majority of property and assets, and that is when assets exceed an exceptional amount, such as property over one million dollars.

The Jury Decides
Nearly all matters concerning family law will not have a jury and will only have a judge. Divorce claims are held in family or federal courts, where only a judge, registrar or magistrate is present. The only exception is criminal acts, which are not treated as family law and are handled differently.

The majority of simple answers surrounding divorce law are myths, because they cannot be explained briefly. If you are serious about a divorce claim, then you should consult a professional family divorce lawyer. The best way is to jump online and Google family lawyers in your area.

How to Choose a Good Divorce Lawyer

Every relationship begins with a feeling of love and affection. But there can be some unfortunate situations where your life becomes a maelstrom. The marriage that you thought would give love and happiness will end up a lacuna. You experience a mlange of emotions when a necessity to proclaim a divorce arises. What you need the foremost in a situation like that are good lawyers who can understand your emotions, the emotional and financial stress that you are undergoing and help you accordingly. Moreover, the lawyer should be someone who can explicate things in a proper way for you to understand as the divorce process is going to be rigorous and time consuming. Since it is an intricate issue that is subject to too many complications and lots of mutual disagreement, it is indispensable to be circumspect. So it becomes a necessity to know how to choose a good divorce lawyer.

Qualities of a Good Lawyer

The lawyer you are looking for, in short, should be a legal eagle. After all, you entrust your future in the hands of the lawyer. An effectual lawyer is the one who will
Assist you in the proceedings of the court and the case
Provide courtly response for the questions that you pose
Help you understand the positive and negative aspects of the case
Assist you in concentrating on the important part of the divorce, keeping in mind the emotional problems. Precautions to Be Taken

You can carry on one of these procedures before you choose the right person to represent you in court.
Talk to friends or people who have already undergone the legal proceedings of a divorce.
Do comparative study by talking to more than one lawyer and check out how they differ and what is beneficial to you.
Think twice if you are comfortable talking to the lawyer about your marriage life.
Observe their opinion about arguing for child custody, if you have a child.
Talk to the lawyers personally and not through phone as this can give you an idea about how honest the lawyer is.
Do not let the desire of getting a divorce soon and breaking up from the marriage affect your analysis about the lawyer.
Check if the lawyer will effectively take care of the settlements, the alimony or the palimony. Clarifications to be Carried Out

Once a lawyer has satisfied all these criteria there are a series of questions that you should ask them to make sure you have chosen the right one. Some of them being,
For how long has the person been pursuing law as a career.
The lawyers area of expertise.
The trail experience that the lawyer possesses.
How has the lawyer handled cases that were similar to your case.
To what extent the lawyer has knowledge about the settlement and parental alienation.
The process of filing and getting a divorce in the city of your residence.
The apparent issues and obstacles in the case.
Duration of the process and the process that s/he would recommend.
Amount you are going to pay them.
The schedule of payment.Play Your Part Honestly