February 2013 News: The Phoenix Family Law News Blog

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February 2013 Archives

Fault v. No-Fault Divorce, What Does it Mean?

No-fault divorce is a misleading name. Are you saying it’s no one’s fault that you’re getting a divorce? Because while some people may be able to accept the divorce without blame, for most it’s hard to not point fingers, at least a little bit.

And a no-fault divorce won’t stop you from doing that. It doesn’t really apply to where you put personal blame for the divorce. What the no-fault divorce did was give people the opportunity to get a divorce for without having to resort to difficult reasons that might not actually exist. Let us explain.

How to Change Your Last Name After Marriage

You said "I do," the marriage is legal, and now you want to change your last name. But how do you go about making your last name match your spouse's after the wedding?

For most people, changing your name is a long legal process that requires a hefty fee, some annoying paperwork, and a day wasted in a courtroom. But if you've recently gotten married and want you and your spouse to have matching last names, the process is easier.

It's not quite automatic; you still have to contact a lot of people. But legally your name can be changed much more simply after marriage.

Is Annulling Your Marriage a Good Alternative to Divorce?

Britney Spears did it. So did Kim Kardashian. But that doesn't necessarily mean annulling your marriage is an option for everyone.

Divorce is a legal end to a marriage but annulment is a different process. At the end, it's as if the marriage never existed under the law. That allows you to avoid the division of property and distribution of alimony that comes with divorce.

To call annulment an alternative to divorce isn't quite fair. You can end a marriage for any reason, or none at all, with a divorce. But you can only get an annulment if you qualify.

Mediation Instead of Divorce Court? It's Worth Trying

Divorce mediation doesn't have the same ring to it as "divorce court," which is probably why it hasn't caught on as a reality TV series. But the fact that it wouldn't make good entertainment also probably makes it a better option for regular people.

We can't be the only people who think the similarity between the words "mediation" and "meditation" makes them both sound like something hippies would promote.

It probably doesn't help that mediation is "alternative" -- as in, it's a form of alternative dispute resolution. But it's a good option for anyone who wants to avoid a fight, and especially for couples with children.