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Do you ever feel like you know just enough about divorce to
be dangerous? Let's see if we can fill in some of the gaps
with the latest info from what I have discovered consulting
with some of my clients.
I don't claim to be an divorce expert, but as an entrepreneur
I have seen my fair share of spousal disputes over money.
When certain couples become successful it seems to change
them, why? I'm not sure but success for some people is
a stumbling block in other departments. and when it comes
to divorce it makes matters worse.
I intended this article to be more of a resource as to how
when you don't put the proper assest protection in place
bad things can happen to good people and vs versa.
If you base what you do on inaccurate information, you
might be unpleasantly surprised by the consequences.
Sneaky undisclosed Assets are common in a divorce
situation. Why - well simply greed, or the feelings of
betrayal or anger at the need to divide assets in the
divorce, or the fear of not having enough after the divorce
all motivate the behavior of hiding assets.
In divorce, the parties as.sets are divided. Under the
divorce laws of some states they are divided equally and
under the divorce laws of other states, they are divided
"equitably" or fairly. Equitably often means equally to
overworked divorce judges.
There is no way to know in advance if your spouse has or
will not reveal assets in a divorce. You know your spouse better
than your divorce attorney will and you will need to alert
your attorney to the possibility of your spouse covering up
assets.
Before you get to that point, however, there are
some easy steps to take to prevent your spouse from being
able to not reveal assets. Those steps include finding out
everything you can about your assets before divorce.
Before you alert your spouse that you are considering
divorce, you need to complile and/or stockpile
documentation about all of your assets. If you do not have
knowledge of your marital assets, it is time to find out
what is there.
If bank and other statements come to the
house, open them and write down account numbers and
balances.
If you have access to the cancelled checks, copy those as
well. It is not unusual for a spouse who is planning a
divorce to transfer money to friends or relatives with the
plan being that they will give that money back after a
divorce is finalized. So, you should review those records
and carefully scrutinize all large or suspicious transfers
that take place in the two or three years prior to or just
after the filing of a divorce action.
Make sure that you know where the copies of your income tax
statements are. If your spouse has a business, make sure you
have a copy of several years of tax returns for that
business. All of these documents can be copied and hidden
safely somewhere outsided of the house in the event that
you need them. Taking these simple pre-emptive steps can
mean the difference in obtaining a fair settlement in
divorce. It will also be incredibly helpful to your divorce
attorney to have this information in advance.
If banking and other statements and fina.ncial records are
not kept at or mailed to your house, you will need to
obtain those records in other ways. You can contact the IRS
to obtain copies of any tax returns that you signed.
Request copies of those returns and have them mailed to a different
address - either a friend or relative or your divorce
atttorney. If there are returns that you have not signed,
such as business tax records, you will not be able to
obtain copies of those returns from the IRS.
If you have access to your spouse's place of business, you may be able
to find those tax returns there. If you are worried about
your spouse not revealing ass.ets in a divorce, you really do need
to find those returns and make copies of them - for as many
years as possible.
If you have valuables, antiques, jewelry, art or other
collectibles in your home, catalog all of them and if you
have appraisals, make copies. It is not unusual for those
items to disappear or even to be pawned by a spouse in need
of more funds.
If you suspect that your spouse has engaged in some divorce
planning and is covering as.sets, let your divorce attorney
know. Ask your divorce attorney to subpoena records from
any other idividual or entity who could be involved in
assisting your spouse in hiding those assets. If need be,
your attorney can use the services of an investigator to
help to obtain finan.cial records that have been withheld.
(c)copyright 2006 Niche Profit Marketing
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Peter ParPeter Parks is a successful netpreneur. He has taught tested internet marketing techniques to 100's of clients. articleD@divorce.emailaces.com http://niche-profit-marketing.com/divorce-advice-kit
Forcible rape and attempted forcible rape between people who know each other, either casually or well, make up a sizeable percentage of the false accusations in the criminal justice system. The cry of rape or abuse is a familiar cry when a relationship goes sour or when a woman has second thoughts after a night of sex or near intimacy. While there are certainly legitimate claims of rape and attempted rape in the world, from the defendant’s perspective there are good reasons to view each claim with skepticism. Relationship rapes and date rapes are closely related and the techniques to defend each are similar.
The reasons for the accusations vary as do the situation, the character and personality of the alleged victim. In the system you see questionable accusations when dating or love relationships go sour and the woman is being rejected or being thrown aside for another woman. Sometimes in more casual dating the woman makes an accusation after having too much alcohol and engaging in sex. The morning after they realize what they have done and an accusation follows to protect their pride, cover their embarrassment, or justify a situation to their boyfriend or significant other.
Sometimes in younger women the issue of sex is still very delicate and the accusation comes after giving in and realizing afterwards what they have done does not sit well with their present psyche. Again, many times alcohol is a factor.
Sometimes the mental stability of the alleged victim is a major factor in making an accusation. All experienced rape defense lawyers have seen the young man who falls for a beautiful but unstable young woman and ends up getting accused when they break up or go farther than the woman’s mental state will allow.
And, quite frankly, men are often too driven by their sexual desires to be careful in their judgments about who they attempt to bed. Men view sex entirely different than women for the most part. Men are very capable of enjoying sex and not thinking anything about it afterwards except for how much fun they had. Women may claim that is how they feel but the facts of these accusations show they have a much harder time accepting it as such a meaningless act of pleasure. It is in these instances that false accusations arise.
Also, often times “no means no” to a woman. A man can easily interpret “no” as “yes.” He thinks she is just trying to show that she is not easy. Unfortunately, the trend in most states is that when a woman says no it means that consent to proceed has been withdrawn, even in the throes of great passion.
In a rape defense it is important for the lawyer to understand all of the circumstances of the relationship or the situation. A detailed minute by minute account is necessary to understand whether the rules have been broken. Many times if there is simply a misreading of signals, the benefit of the doubt will be given to the defendant. Most jurors have been in multiple sexual and intimate situations and they can understand mixed signals.
The more you can show that the woman gave off all of the signals of a willing participant, the better your chances of success. The witnesses to her earlier drinking and provocative conduct can provide good evidence that the defendant thought she was desirous of consensual sex. While most states’ “rape shield” laws go far in protecting the history of the alleged victim, your lawyer should find out as much as they can about the alleged victim’s history. Due Process requires you to be able to defend yourself and a good lawyer can usually find information that is admissible that sheds light on her character.
The defendant’s character for not being sexually aggressive can be important. It is admissible evidence to show that you are not sexually aggressive. Prior girlfriends, female friends and co-workers, and friendly ex-spouses can be a good source for this evidence.
Your attorney must be prepared to contest the medical evidence if the alleged victim went to a hospital or a sexual assault response team. The current trend is for these medical personnel to testify that the alleged victims had physical injury to their vaginal area. What is usually found are microscopic abrasions that are a result of the friction of intercourse. Sometimes the prosecution’s medical personnel try to say these micro-abrasions are inconsistent with consensual sex.
The research shows that micro-abrasions don’t mean anything negative. They are as consistent with consensual sex as well as anything else. Your lawyer must be prepared to cross-examine these alleged experts aggressively. Your lawyer should also have a counter-expert ready to testify to the opposite of the prosecution’s expert.
Date rape accusations aren’t just limited to younger people. It happens throughout the age spectrum where single men go out with women of questionable stability.
If the accusation comes out of a relationship breakup, look carefully at the mental history of the alleged victim. Many times young men fall in love with very defective young women. A symptom of certain personality disorders seen in young women are the inability to handle rejection. A person they once idealized quickly becomes their archenemy and subject to false accusations of rape. If your jurisdiction allows, your lawyer should get a psychological evaluation of the alleged victim. If your jurisdiction doesn’t allow it, you should investigate her history thoroughly. With a psychologist to guide your efforts, you will probably find evidence to support your theory.
As part of your investigation, look for prior instances of credibility problems on the part of the alleged victim. Check her job history and try to find her former boyfriends. Chances are you will find a history of lying and deception.
In any rape or attempted rape accusation you must find the motive of the alleged victim to lie. These cases of false accusations can be defended successfully, but you must find the motive. It is the key to the jury understanding why the young lady would go so far as to make such a serious false accusation of rape against you.
Author Info:
William F. Nimmo is a highly regarded San Diego criminal defense lawyer who has successfully defended residents statewide for nearly three decades. He has been a San Diego criminal trial lawyer of the year and has been awarded the Directors' Award for Excellence by the San Diego Criminal Defense Bar Association. See http://www.nimmolawgroup.com/ for more information.