November 2009

Sunday, November 22, 2009

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Your confidences

EXPOSED IN THIS AREA AND YOU CAN SHARE YOUR CONCERNS WITH PEOPLE IN YOUR SAME SITUATION AND EXPLAIN WHAT YOU FEEL AND IF YOU WANT TO SHOUT. Vicki Ruiz

Saturday, November 7, 2009

married life is not easy, this is no secret. The personality of both partners is essential to be solid union. But in addition to personality, other circumstances can not be ignored and conditions affecting the relationship and they are external, why are beyond the control of the couple. Tolerance is necessary for the survival of marriage, but so is mutual respect. It is not "jump to the minimum", but neither should be tolerated unsatisfactory situations and painful, much less those that violate your personal dignity. If you suffer abuse do not hesitate to ask for help and report it. From that moment you are really protected, especially if you are female.
The decision to join in marriage is also free and voluntary and should be the decision of separating or divorcing.
Overall we can say that everyone is entitled to a second chance, but keep in mind that behaviors tend to recur and may end up creating a vicious circle. If this is your case, do not kid yourself, people do not change and, above all, no one can change anyone. This reason, ie, hope for change in attitude or character of the spouse is usually the primary responsibility for the perpetuation of relationships in some cases are actually fustigantes. Excuses such as: "He or she is acting this way but it is not your fault" "It does but without malice" "Yes, yes and hurts me, but that I / you want (or I want)" "I'm with him / her for my children "," And where I go if I get separated ...?. These excuses are usually excuses for not tackling the real situation, either through fear of change, loneliness or other similar reasons.
All this does not mean that the situation should not be seen with objectivity and you should not tell when the reasons that lead you to ask yourself the separation is trivial and you're giving them an importance they do not. If a relationship is worthwhile, and it's natural to do their best to keep it. But yes, with mutual respect. Demand that forever.
Everyone's entitled to be happy and free. Therefore you should implement your right to decide without remorse or coercion, because ultimately the decision to break off the relationship or not is yours alone. Vicki Ruiz

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SEPARATION AND DIVORCE WHAT ARE THEY?

Among other things is a marital breakdown, which causes many changes in family structure and has a range of psychological, family and economic very important.
have two options to break the marriage, which are the separation or divorce. The first not dissolve the marriage but it involves the breach of duty of cohabitation. The second report dissolve the legal bond of marriage and with it disappears also the duty of cohabitation marital. After a divorce decree, you will not have been civil you married and civil remarriage. If you are married by the church, that is, canonically, to return to Catholic religious marriage must obtain the ecclesiastical annulment is granted if you can re-marry in church.
If you opt for separation, you can not remarry until you have divorced. In this case, if you reconcile with your former spouse will only have to put it to the attention of the judge to void the separation and back to your married status.
are required they must have passed at least three months after the marriage to gain access to the separation or divorce. This requirement may be waived when there is domestic violence, since in that case you can start the process from the moment it occurs. Vicky

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COMMITS ME WHAT?

Basically
can say that you agree to the acceptance if was not you who has decided to separate. In case you've been you who has taken the decision to put an end to the relationship should bring the situation to your spouse and start the process. This may not oppose or force you to stay married. To start the process of separation or divorce, if only one of the spouses has decided to end their marriage, without stating any specific cause or reason, as these legally irrelevant. Therefore you should try to accept the situation without drama and with the greatest serenity possible. That's not to say no you should talk to your partner and try to remedy the situation if you see it viable and think you must, but always look at matters objectively and without pressure.
is convenient to put aside hatred, resentment and desire for revenge as they can play against you. It is advisable to bargain and negotiate with your spouse, because the results of these agreements will affect you the rest of your life. At stake is the relationship of cohabitation with your children (if any) and your financial assets.
If you are the defendant must respond to the demand (through a solicitor and barrister) and to address the separation process properly.
is always advisable to arrange the separation or divorce by mutual agreement. The emotional and economic growth is much lower and the results of the decision is always faster and more accurate. Therefore stress the desirability of the willingness to dialogue.

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WHAT IF I DO want to separate?

If you clear the decision is important not to let yourself be influenced by feelings of guilt or fear . So is you are well advised to make deals that you do not go against you. Contact an attorney if specializes in matrimonial law or family, the better because it is used to treat marital issues. This professional will guide you to make decisions best suited to your particular circumstances. Every family is different and so are their circumstances. Therefore we can not say that divorces are standardized, but rather are a custom furniture.
a separation by mutual consent, may seem simple, in fact no doubt that it is more than a contested divorce, but keep in mind that a poorly drafted agreement can have serious and sometimes very difficult or impossible to repair.

Broadly, the steps are:

- Search several submissions and requests (marriage certificate and birth of your children (if they have children) evidence of income, property deeds in general.

- Ask yourself the following questions about the points that must exist in your settlement in the relation to how you want it:

- Living with your children and visitation.
- alimony What are you willing to pay or want to apply for your children.
- If you want to ask or pay alimony for you or your spouse.
- What business am I willing to make in relation to the use of the marital home.
- how you want or you can make the division of property and debts.

The lawyer will advise you about these issues, but if you have a preconceived idea of \u200b\u200bthis will be faster and easier to fix your position on the separation and the drafting of possible agreement.
is recommended, get real evidence supporting your spouse's income, before communicating the intention to break up, if you suspect that you can hide it or make it disappear. You can also ask a relative or friend you trust to save it.
Since then filed for separation. If you can not afford a private attorney can request a public defender in the corresponding bar. Along
with the demand, you can ask a series of provisional measures, the duration of the procedure. These measures are related to the use of the marital home, custody and child custody and visitation and economic contribution to household expenses. All this on an interim basis, the duration of the litigation, until a final decision.

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HOW MUCH WILL THE PROCESS?

are not excessively long process, but as with any legal proceedings, should be patient. The duration will depend on various factors such as workload of the courts, the complexity of the process itself, since the mutual agreement is much faster than litigation, and any resources that may be. In the separation or divorce by mutual consent, the court shall be limited to the spouses to agree to what they have decided, in accordance, of course, the limits of legality and the report of the prosecution when there are children. But overall we can say that a divorce by mutual consent usually takes about three months and a normal litigation, it usually takes between one to two years to resolve.

As a guide the scheme is as follows:

Mutual agreement:

- Application of separation or divorce.
- Appearance in court to ratify the agreement signed by the parties.
- Issuance of the prosecution.
- Exploration of minors.
- Judgement.
- Entry in the Registrar (ex officio).
- Implementation phase of the sentence.

separation or divorce litigation:

- Application of separation. (Attach provisional measures)
- Answer (with their different possible forms.)
- Hearing before the judge. Action.
- Auto to solve measures in 30 days.
- Evidence. (Period 30 days).
- Vista.
- Judgement.
- Appeal (Deadline 5 days).
- Final Judgement.
- Enrollment in the registry.
- Implementation phase.

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SEPARATION AFFECT HOW MY LIFE?

separation is inevitable that causes a number of different changes nature in your life and most of the time are very important. Several changes occur in the economic, social and psychological.

Emotionally, the change is about your relationship and your parent-child relationships. The exercise of parental leave to be together and coexistence with your spouse, to move to be made separately. This situation has an emotional cost variable depending on the personality of each. Economically

also be changes. The conclusion of a divorce. Carries the distribution of the couple's joint property, and your economic situation will be affected to a greater or lesser extent. Socially

also be affected. Many activities before rupture carried out jointly with your partner and social relations also kept together, after the separation will be taken to carry them out individually.

As will also have an important psychological impact. You'll be forced to accept a new reality and adopt a set of new habits.

Therefore, you should be aware that the process should not be taken lightly separation. The willingness to dialogue is necessary and desirable to negotiate a separation process is over negotiation than confrontation. Insist that it is a process that affects important aspects of your present life and especially future. Vicky

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HAVE NOT WORKED OUT OF HOME AND HAVE NO EQUITY I be helpless if I left?

Of the goods that exist in marriage, even if not your name, if they were acquired during the same will be entitled to half of them if they are proprietary and are married in the economic system of community of property.
If instead you're on separate property, the case is different because the goods are of that spouse who has property in the register, ie, of that I have them on your behalf whether movable or immovable.
should be noted, however, that in cases of separation and divorce, the law provides for the existence of spousal support to alleviate the imbalances that may have occurred subsequent marriage and separation. This pension can be paid through a periodic amount or a certain sum of money in a single payment. In Catalonia, the law also provides for a compensation for that spouse who has worked for your husband or wife without pay or insufficient pay. This compensation shall be paid over a period not exceeding three years

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Who gets

The issue of attribution of the use of the home, is perhaps the most controversial in separations, along with the custody of the children. The attribution of the use is directly related to child custody, and that is the parent who will get custody who generally is credited with the application. In the process always prevails "for Filipino", this is important. If custody is joint or shared and parents live alternately with the children, have the right to use, during the time periods or coexistence with them.
If there are children of the marriage or these are older and independent, the judge will consider what the most needy spouse, making an assessment of the overall circumstances of each. Vicki Ruiz

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HOME WHAT ABOUT CUSTODY? WHO WILL BE WITH HER?

The first thing to be clear on this issue is that its allocation is based on what is most beneficial for the child. Therefore always choose the parent who has more capacity to meet their needs. Under which are these, a decision, choosing one that has a better chance to assist you.
The judge will consider various circumstances such as the regularity in the care of children, that is which parent had hitherto been dealing with their care, taking them to school, their health, their nutrition, the availability and easier to reconcile work and family life etc.

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What pensions? "You must pay THEM OR I WILL beneficiary? What

If there are minor children of the marriage, they shall be entitled to receive maintenance payments to be paid to one parent who has custody and custody of their children and should be sufficient to cover needs and ordinary and extraordinary expenses such. This amount will be agreed by the agreement or if there is disagreement decided by the court and go based on the economic potential of the obligor.
also possible that you must pay or are a beneficiary of a maintenance to pay or receive from your spouse, as appropriate and where circumstances so require. With regard to alimony, note that it disappears at the time of divorce disappear related. Instead, it maintained with the separation, as this process does not extinct. Another possible
pensions is the compensatory you will have an obligation to pay or otherwise entitled to receive, if circumstances determine. This board is indicated in cases in which the separation or divorce causes an economic imbalance with respect to the other spouse. The judge takes into account the different economic and personal circumstances to determine whether stated or not. Vicki Ruiz

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BANK LOANS? WHO MUST TAKE CHARGE OF THEM DURING AND AFTER THE SEPARATION?

If the debts are in the name of both spouses, it is normal that both take their payment. But also takes into account who is the spouse who is more economic possibilities to determine the rates to be paid by each.
In the process of separation and divorce, an inventory of all assets and debts that have the marriage (assets and liabilities) to be clear about the actual figures and to establish its distribution.

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HOW SHOULD I CONTINUE WITH MY LIFE LAY

The separation process is usually unrewarding and more or less traumatic. Feelings are raw skin and sometimes can have unexpected reactions. It is certainly a turning point in life for all its implications.
Try to keep control of your emotions and not let you drag and impulses. You should not let you win by obsessing and circular thoughts about your separation. Do not park the rest of the parcels that make up your social life, personally and professionally, and that its abandonment will only cause more damage. Think that all events that are really important life-changing in some way and the best is to accept the changes as they come. Search
support your family, your friends, your co-workers. We also can assist a psychological therapy sessions. Can make your change and approach to the problem you face with your new life safer. Remember, when one door closes, another opens. Vicki Ruiz

Friday, November 6, 2009

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Thursday, November 5, 2009

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ROLE OF GRANDPARENTS IN THE FIRE SEPARATION CRISIS

Last evening while returning from office, plus it already had on the Christmas lights, I was struck by the number of children who were in the hands of their grandparents and especially their grandmothers, with cole backpack hanging behind him. Yes, so far had not paid attention to this phenomenon, but somehow knew it existed, was not fully aware of this new generation of children who are growing up virtually with their grandparents. I heard somewhere once that a "strike grandmothers" would be much worse than a bus. I think they were right. I stopped to think then, if he really was giving in the separation process, the importance they actually have. And not only those guardian angels who, after all their dedication and effort, can be separated from those children now, pick up after school and spent many hours of daily effort resignedly. But also by the children themselves for obvious reasons that are very emotionally attached to their grandparents.

If these grandparents, parents happen to be the one who has not obtained the custody of his regime of coexistence with them will be very restricted and is usually a very frustrating experience for both parties.
Art. 160 of the Civil Code says about it, the grandparents have the right to interact with their grandchildren and if there is no just cause can not prevent such relationships. But in many cases is not going well but who has the Custody usually put all the possible impediments to compliance with the agreed views, on the other hand can also be very small.

When the regulatory agreement has not established any visitation between grandparents and grandchildren, can claim through the courts, through the oral trial, established by Law 42/2003 amending the Civil Code and Civil Procedure Act regarding the relationship between grandparents and grandchildren. However, most of the grandparents of these children avoid going to court for various reasons, among which are worsening the relations between the former spouses and not to go to the minors by a process which is always traumatic.

Nor is it being forced to either party, and if a forced situation and only upsetting confrontation but to maintain a relational coherence between the before and after marriage breakdown. Of course it would not be logical to establish a broad visitation between a grandparent and a grandchild between their relationship was to meet one day for Christmas and one for birthday, when they resided in the same city or in a nearby distance has not been a barrier to maintain greater contact and parents have no impediments to a closer relationship. This would be rather a sample of disinterest by both sides and from my point of view would be absurd to extend the separation.

In conclusion, I think it would be useful to reflect on these relationships, enriching, and that both can contribute to maintaining a small and a little more open attitude on this issue, because although they are not the biological or legal parents or children, in practice and in many instances are exerting as such because they spend so many hours or more with them than their own parents.

If you want to take a look here are some links to related articles:

http://www.andaluciainformacion.es/portada/?a=75511&i=1&f=0

http://www.hispanidad.com/noticia.aspx?ID=130235

http://www.elpais.com/articulo/Comunidad/Valenciana/incansable/batalla/abuelos/ver / nieto/elpepusoc/20080822elpval_5/Tes

http://www.elpais.com/articulo/sociedad/mitad/abuelas/cuidan/nietos/hace/diario/elpepusoc/20070323elpepisoc_7/Tes?print=1

http://www.elperiodicodearagon.com/noticias/noticia.asp?pkid=64828

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37% domestic partners

LAURA JUAN. 01.06.2009

's fast, simple and, most importantly for many in these times, does not cost a penny. These arguments have been made in the last two years the number of cohabiting couples registered in the municipality of Vigo has shot 37%, from the 682 recorded in the years 2005 and 2006 to 935 in 2007 and 2008 .

Since December 2007 marriages and domestic partnerships have the same right to receive survivor's pension. But it is not the only reason. Also members of a partner are easier to acquire a social housing or a mortgage may jointly request vacation or work permits, etc.

To register as domestic partners do not have to wait. Just go to the Town Council both members and provide the necessary documentation in the department Cidadã Participation.

Both have to bring their original passport or identity card and registration flyer in Vigo in which are registered in the same household. The procedure is free of taxes and takes place on Tuesdays and Fridays from 9.00 to 13.30.

Domestic partners who enroll in Concellos become part of Gallego Register Domestic Partnership, which is managed by the Xunta de Galicia. He must report all municipal ups and downs.

Source: 20 MINUTES Vicki Ruiz

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TWO YEARS SENTENCE FOR FATHER'S SINGLE-PARENT CUSTODY

The judge awarded custody of a child to her father, visiting the mother in a contested divorce.

The head of the Court of First Instance No. 2 Ferrol has given the reason, in part, the lawyer Pablo Merino in a contentious divorce case in which both spouses agreed to the custody of the daughter fruit marriage.

Elvira Mendez Ibias The judge in ruling, declared the marriage dissolved by divorce, but granted the guardianship and custody of the little father, both sharing custody. Typically, in similar cases, is the mother who is in charge of children.

The judge states that the dispute arose to apply for both the custody of the child. The representative of the Public Prosecutor was in favor of the girl remained with her mother, without thereby altering the provisions of the interim order of March 2008, the time of separation.

The report prepared by the psychosocial team Forensics Ferrol was more in favor of a guardianship and custody shared by both partners, following the principle that the priority in these cases is to serve the interests of children, nature superior, and not those of their parents. Although he says also above, the shared, more equitable, more often leads to conflict when to implement it. Only works well when "The relationship between the parents is excellent", he says. "Unfortunately, he adds later," this is not the case. "

Therefore, the judge enters resolve the merits, it did not seem easy because the psychosocial team indicated that the parents are suitable.

The child was born in 2004. The young children tend to have more bonding with the mother, because normally from birth devotes more time to his care. However, the daughter was with his father since 2007. Since then, he was again examined by the psychosocial team that showed a favorable impression regarding the care being provided by the father. His teachers also responded in similar terms: a girl very well maintained, regularly attends school, and even if he can not take to school, does the mother of a colleague.

Without changing the contrary, the mother did not attend at any time since the child was attending school, talk with your school mentor. Therefore, in the end, the judge is inclined to keep the child in the hands of his father, without change, even they can come to live with him in Andalusia, and set a visitation for the mother.

Source: Voice of Galicia http://www.lavozdegalicia.es/ferrol/2009/12/07/0003_8155857.htm

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Yes or No? CUSTODY JUDGEMENT

Living with the children after the breakup of a family is usually the sticking point in the process of separation or divorce. I do not doubt that both parents feel much love for their children, but if you look more closely the situation can be seen from the existence of other factors that are not only the desire not to miss living with them. And is that custody is punishable by the use and enjoyment of the marital home and the perception of a maintenance manager to be the custodial spouse.

If we pause to note that the criteria used by the judge to award custody, we see that in general is taken into account:

- What was their relationship to both parents with children.

- who habitually has dealt with children in tasks such as taking them to school, meet teachers, who routinely dealt with their food hygiene and clothing.

- Which of the two, it is easier to reconcile work and family life.

- The relationship of children with each parent.

- The views of children from age 12.

is the woman who has been dealing with all these tasks by social tradition. It is true that every time a lesser extent. Yet the majority of mothers who ask leave of absence and reduced working hours for child care. Form the majority of children waiting at the gates of the school and attend parent meetings, which take them to the doctor when sick etc.

therefore not surprising that traditionally awarded custody to women, because they are responding to these demands.

But there are also cases where the reverse situation and give rulings granting custody to the father and visitation to the mother. In this sense, is news because a judge has awarded custody to the father
http://www.lavozdegalicia.es/ferrol/2009/12/07/0003_8155857.htm

The judge has taken into account that father had dedicated to their care exclusively and had been cared for very accurate. Of course, these few sentences are less because too few cases in which the man assumes the role of caregiver for marriage.

From my point of view, it is important that the child is related in a manner commensurate with both parents, but an important issue to consider is also the fact that during the marriage, the child's care is being done by one of the parents in a majority. Someone who spends most of his time to caring for the child it is against their professional career and consequently gets proportionately lower revenues than the other. When sole custody is granted, somehow this situation exists because the custodial parent retains its position as caregiver, still lives in the family home and receives extra income for the care of lower than compensate for its inability to devote more hours to work. In cases where joint custody is awarded the two positions are equal and will need to seek external support to take care of children. Because we all know how difficult it is in this country to combine family life and parenting with work. You may be looking for and what is the highest ratio of children with their parents to become a living with kangaroos or the best with their grandparents.

I think this is not sexist or demagogic solutions, but to find the most balanced and above all beneficial to the child because ultimately parents can choose parenthood or not and if you decide to have to assume certain responsibilities and obligations.

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Monday, November 2, 2009

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marriages concluded under the rules of canon law, may choose to apply for annulment canon. This revocation can have civil effects according to the agreements concluded between the English government and the Holy See. That is, if you get the ecclesiastical nullity, it means that your canon and ecclesiastical marriage is annulled, your marriage will also be canceled and no longer have civil marriage with your spouse.

canonical marriage may be considered invalid for the following reasons:

a) On the existence of a disability:

- minority.

- Impotence.

- Link existing.

- Disparity of worship.

- Holy Orders.

- public perpetual vow.

- Rapture.

- Crime.

- Inbreeding.

- Affinity.

- Relationship legal.

- Public Honesty.

b) default in the canonical form:

- "Only those marriages are valid which are contracted to the regular site or the pastor or priest or deacon delegated by either of them to attend and two witnesses, according to the rules established in the canons ... "(Canon 1108.1)

c) default in the agreement: (Volitional)

-Simulation

1-Exclusion of children.

2-fidelity Exclusion.

3-Exclusion of indissolubility.

- Status.

- Force and fear.

d) Default on the consent: (Cognitive)

- Disability deficiency of reason.

- Inability of serious defect in the discretion of the trial.

- Inability to discharge the essential obligations of marriage.

- Error.

- Ignorance.

Most commonly invoked in the ecclesiastical courts, the simulation is part of grave defect in the discretion of trial and failure to assume the essential obligations of marriage, regulated fees 3.Debe 1101.2 and 1095.2 and taken into account regarding this procedure, which can be voided civil judgments of invalidity on which the spouses are not consensual. If the spouse who is summoned before the ecclesiastical court fails to appear when summoned, it will be declared in default and the ecclesiastical court may grant an annulment or not to grant it, but it does not have civil effects.

is recommended in these cases to be processed simultaneously divorce, to avoid delays undermine their civil status. Vicki Ruiz

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Civil Code, Article 73, states that exist in marriage annulment, when it was contracted by mistake in the personal qualities of other spouse and his institution had been determined to give consent. So when the marriage has not been validated in the course of time. That means you have not lived together for a year after the error vanished (art. 76.2). What is relevant is that there has been an error and that error has been determined to give consent, so that if the error had not occurred, the consent had not been provided. Get

declaration of nullity of marriage, marriage will mean that, despite appearances, never existed and the end of the process, the couple will return to the previous marital status. You can go to civil invalidity procedieminto, when in one of these cases:

- That the marriage was entered without consent.

- To be entered by mistake in the identity of the person or the qualities that have been crucial to provide the consent.

- It has been concluded between minors, joined by another marriage, relatives in direct line by blood, adoption or through third grade side, condemned as fraudulent responsible for the death of the spouse of any of them.

- The place under coercion or grave fear.

- One who has been contracted without the intervention before the judge, the appropriate official and without the presence of witnesses.

The practical effects of this process are almost the same as those obtained with obtaining a divorce. Therefore, with the advent of this procedure virtually divorce not used. Vicki Ruiz

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Widows' and marriage annulment

If a person was receiving a widow's pension and his marriage has been declared invalid ecclesiastical, is entitled to recover the survivor's pension previous marriage which the pension earned as marriage annulment restores civil status before marriage. That is, if the second marriage did not exist, it goes back to the state it was before entering the second marriage.

Not so with the divorce, as this does not restore the marital status of widowed precedent. Marriage annulment effect as from the date of the marriage. This means that you must recover the right to survivor's pension, since he died because of it. Vicki Ruiz

Sunday, November 1, 2009

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FIRST SALON IN FRANCE DEDICATED TO THE SEPARATION AND DIVORCE

ttp: / / mujer.orange.es / videos / france-premiere-your-first-salon-dedicated-to-divorce-ya-la-bachelorhood /

France held its first salon devoted to divorce and unmarried
60 professionals have gathered in Paris to offer and sell their services to those who return to bachelorhood. Legal advice, therapy sessions or even private detectives

More on the following link:

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