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Divorce Resources for Indian-American Immigrants – State by State
Divorce is not easy for anyone. It’s usually the last resort after trying to work things out. There are a lot of divorce information to sift through to help one go through a difficult time when faced with a case of divorce. Did you know there are different types of divorce? There are many different options for divorce that are around today.
1). Divorce by Litigation in Court with Adversarial Lawyers.
Litigation is an option of divorce that couples arrive at when both parties have no each other’s understanding of how to deal with or share out belongings equally. They, therefore, end up doing it in court with the help of Adversarial Lawyers. (See our list of lawyers below)
Pros: This option of divorce is of advantage to people involved since there is a middle person, Adversarial Lawyer who act both as an advisor and mediator.
Cons: This option of divorce is not the type preferred by many individuals due to the lengthy procedure involved in it. Apart from the long process, this option of divorce is also costly since the Adversarial Lawyers will charge you some fee.
This divorce option follows the following procedure:
i).Petition for Divorce: A Petition must be made for divorce and filed in the county of the man’s residence or that of his spouse. A Petition may include a request for a Temporary Restraining Order and other orders.
ii).Serving a Spouse: The other party is served with a Petition for Divorce and is required to file an Answer. Alternatively, the other party may also file a Counter-Petition.
iii).Temporary Orders: Upon the filing of the petition, either party may request for temporary orders which may authorize or prohibit one of the parties from achieving certain tasks, such as, foolishly spending or intervening with the other party’s use of resources. Temporary Orders set “ground rules” for the behavior of the parties while the case is unfinished.
Temporary Orders can incorporate a mixture of provisions not only to regulate the conduct of the parties but also to ascertain the brief use of property, set available reserves of money, and allocate capacity for repayment of debts. If the parties have children, the temporary orders will decide temporary ownership with some other things.
iv).Discovery: This relates to the process of documenting the facts pertinent to the case. During this time, each of the spouses gives data requested by the other party. Discovery typically involves financial documents from the past five years, such as tax returns, bank statements, job records, and lifetime insurance policies.
2). Divorce by Mediation with Lawyers and Mediators
Divorce via Mediation with both an attorney and a mediator present is one of the most used methods of deciding couples divorce. In this option of divorce, both couples and individual lawyers outside courtroom hire a third person who should be neutral, called a mediator, to hold discussions with both of you while trying to bring things together in your misunderstanding. This third party who is the mediator do not decide on any issues for you, but will just catalyst to help you on what is best. The mediator may succeed or may not manage to make things right again. One also need to know that in mediation all that is required is for both spouses to show how up having willingness open up to compromise. Don’t reject mediation just because you either spouse see a particular issue very differently, in other words; one should not give up before he or she begins. Mediation is a powerful process and many cases that seem impossible to resolve at the beginning end up in a settlement but if everyone is committed to the process, that is, both of you.
Pros: This option of divorce is of advantage to people involved since there is a middle person, a Lawyer and an advisor who is the mediator who can negotiate a settlement for the divorcing spouses.
Cons: This divorce option is also relatively expensive but not as the one above. Mediation is much cheaper than litigation.
3. Divorce with a mediator and no lawyers involved.
It is not a requirement anywhere that you must include an attorney during your divorce. Divorce with a mediator and no lawyers involved is a procedure led by a professional mediator who should be neutral to either party. In most cases some of the issues that this option of divorce help fix is:
Pros: There are relatively small charges associated with this option. The spouses can also get some good bits of advice from the mediators.
Cons: This option of divorce even though less expensive as compared to the first two above but again, it is also not. Disputes may settle in when the mediator is one who is unable to keep secrets. The mediator may end up sharing with other people what transpired in the process when both of you were trying to settle your divorce requirements. Always be mindful of the third party you will be considered to be your mediator when carrying out your “Divorce with a mediator and no lawyers involved.”
4. Do it yourself Cheap Divorce with Pro Se Paperwork.
When a couple decides to divorce, they attempt to make an endeavor for drawing down the extent of trouble and emotional trauma that is usually commonplace in a divorce. If you want to know about the types of divorce, you will get to understand that “Do it yourself Cheap Divorce “is the way through which most people separate.
Do it yourself divorce option is known as “uncontested divorce.” It is the most popular type of divorce and the most civilized because couples will have already reached an agreement of divorcing. There will, luckily, be nothing to dispute and no need for a contentious court hearing. Uncontested Divorce will save a lot of time and money. Don’t assume that every detail of the divorce easily settles; it’s more likely the parties have reached a compromise to make the process quicker, cheaper and more efficient. If you can both reach this agreement, it will be easier on both of you. (see Divorce in Oklahoma from below for an example of Uncontested Divorce)
Pros: There is no or less time wasted in the documentation of the divorce files. This divorce option is also very cheap since there are no lawyers involved with hefty legal fees! PLUS, you keep COMPLETE CONTROL over the outcome of what goes into the documents!
Cons: You don’t have a lawyer to hold your hand as you navigate through the court process.
This option of divorce is the one that should be preferable to most people since it does not require a lot of spending as far as lawyers and mediators are concerned and again, its procedure is also cheap and easy to follow, it is indeed not involving like the other ones listed above.
Table of Divorce Resources BY STATE
Legal Rights: NRIs to Get Tax Concessions
The government of India is all set to extend the legal rights of NRIs pertaining to tax benefits. To promote charity and social welfare, the government has decided to give tax concessions to NRIs. Indians residing in the US can now benefit from tax relaxations on the investments they make in social welfare projects in India.
The Ministry of Overseas Indians has taken this initiative under the India Development Foundation for Overseas Indians. As per the new rule, NRIs willing to build schools or primary health centers or other infrastructure in their native place in India will get tax exemption.
Legal Rights: Overseas Indians to Get Tax Dispensation
To give a new dimension to the legal rights of NRIs, the government has planned the phase-wise registration of the foundation in the US, the UK, the Gulf and other countries. Mr. Vayalar Ravi, the Overseas Indian Affairs Minister, said that the registration process has already started in the US and will come into effect in the next three months.
The Minister further added that the focus would be on millionaires, rich NRIs, and average Indian migrants. The project aims to encourage them to contribute towards India’s rural infrastructure development. Also, a minimum contribution of $1,000 per year is expected from an average NRI.
Further, Mr. Ravi said that the objective is to mobilize the resources of overseas Indians. The funds will be used mainly for the construction of hospitals, health centers, and primary school buildings and to encourage micro credit and self-help groups.