Archive for January, 2014

Other Options to End a Gay Marriage

Friday, January 24th, 2014

Just like straight couples, gay men and woman who build lives together sometimes find that the relationship does not last. And just like heterosexual couples ending the union, dividing assets, interests and debts of the partnership requires careful thought and unselfish consideration.

Absent a prenuptial agreement that outlined the rights of each should the relationship end they are left with gay couples have three options:

> Private negotiation. Since there is no legally binding contract there is no balance of power. One partner may walk away with more than is his/her right, and communication and compromise can be difficult.

> Divorce attorneys. This option could is expensive since both partners have the cost of a lawyer, but since there is no need to file in the courts, couples would not be faced with that extra expense.

> A private mediator. The couple turns to the guidance of a mediator. They negotiate a legally binding contract and, within a shorter time span.

Each of these options may demand that the partners improvise solutions. For example, the second parent of a child who is not biologically related to it may want visitation rights that would normally be automatic to any parent.

The Six Steps of a Divorce Trial

Tuesday, January 7th, 2014

A divorce that goes to trial (only a tiny fraction do) has six steps. They are

> 1) The Petition, which identifies the parties, gives the basics of the marriage and states the grounds for ending the marriage;

> 2) The Service of Process, which is the delivery of the petition to the respondent (or defendant) and a summons to appear;

> 3) The Response, in which the Defendant replies to any allegations made by the petitioner (or plaintiff), usually within 30 days;

> 4) Discovery, which includes a financial investigation of the marital estate; negotiation, wherein the parties attempt to reach agreement about the terms and conditions of the divorce and sometimes a settlement;

> 5) The Pretrial Conference, which, when the parties are unable to reach agreement, happens in a judge’s chambers when both attorneys present their respective positions and the court makes recommendations in hopes of a settlement;

> 6) The Trial, which happens when the parties cannot negotiate a settlement.