Posts Tagged ‘divorce settlement’
Taking A Look At Divorce Lawyers Necessity
Too often people look for divorce lawyers like they were looking for a new pair of shoes. They see the first one that looks good and go for it without “trying them on for size.” Finding a suitable attorney should be as involved as finding a suitable home because the person representing you in court will determine how much you are able to walk away with in the end. When children are involved, finding the best attorney for you is crucial because he or she will inevitably determine the lifestyle your child will have once the papers are signed.
The first thing to consider with divorce lawyers is where to find a good one for you. There are several reputable places to find divorce lawyers, and many come from professional or personal recommendations. If you and your spouse sought counseling before deciding to proceed with a divorce, the marriage counselor can give you solid recommendations on who to use. Suggestions for attorneys can also come from a lawyer you already employ for other services, such as taxes or wills. They will have the inside knowledge to inform you which divorce lawyers have a good reputation in court. Another source of divorce lawyers could be from friends who recently went through a divorce. They will be able to honestly tell you how their experience was and if you should even consult a specific attorney.
One thing to always remember when searching for divorce lawyers is you need to know how much you are able to spend and what kind of specialist you need for your situation. There are all types of specialists ranging from family law attorneys to custody lawyers and child support lawyers. When you are researching firms, you need to inquire how much a specialist costs and whether or not your case requires the use of one. When you make that decision, you need to meet with the lawyer before signing any contracts. The attorney will be able to inform you of any specific divorce laws for your state regarding anything from property division to child custody laws. You may not feel comfortable with the first lawyer you interview, so plan to talk to at least two or three before making a choice. A lawyer needs to fit your personal style both in and out of court. If you feel intimidated by your lawyer, you could be putting yourself at risk for not having your voice heard in court. Every lawyer will approach a judge differently, and it is not uncommon to watch potential divorce lawyers in court in your initial search. Always remember that when you do choose an attorney, divulge all the necessary information they need for your case. If you leave anything out, your lawyer will not be fully prepared and it could hurt you during the divorce settlement.
There are other things to consider when choosing divorce lawyers, and that is the issue of fees. Fees are going to vary from one attorney to the next, and you need to be sure it will accommodate your wallet. Choosing a divorce lawyer means deciding if you want someone who works for a large firm or who runs their own office. You also need to see how they bill you for their service. Some lawyers like to have their fees paid in advance and then will deduct cost when the services are not used. Other attorneys may employ a pay-as-you-go policy. Lawyers who use the services of paralegals and office aids may cost more than other lawyers who do all the work by themselves. Finding out how long an attorney has practiced can determine how much he or she will charge. Once you have decided upon a fee, be sure that all the requisite papers are signed and witnessed so you won’t be held accountable for extra charges.
Finding good divorce lawyers can be accomplished by using a variety of sources ranging from close friends to professional recommendations. It is important to seek the advice of others before choosing an attorney because they may know who can better serve your needs in court. After making a decision, learning to trust and divulge all the necessary information will allow you to gain the best possible stance in front of a judge. When lives are at stake, especially the well-being of children, choosing a divorce lawyer should be done with extreme caution.
Infidelity Causes More Damage Than Ending A Marriage
Separation and divorce due to infidelity is one of the top reasons why people seek out a family lawyer. The other spouse cheated and it has wrecked the marriage. But it does more than just violate wedding vows. It can completely shake the bedrock of trust. The betrayed party will always wonder what it was that the other spouse was missing from their marriage. It can make an already difficult situation even worse. It is hard to get over and move past. Divorce attorneys see cheating as the number one reason why two people want to be rid of their marriage ties.
It is easy to think of infidelity as being physically intimate with someone other than a spouse. But there are other ways to cheat as well. A person can be involved emotionally with someone other than their spouse. The two may never touch each other physically but it can still be devastating on the faithful wife or husband. No matter what type of infidelities have occurred, all parties are hurt in the end and this can be reflected in the divorce settlement.
Divorce court is not a great place to have to air dirty laundry about infidelities. Most judges do not look favorably on a cheating spouse. In some states it is grounds enough to be granted alimony. There are very few cases of uncontested divorces where a partner has been cheating. Most are very bitter affairs that often require the services of a divorce mediation professional in order to come to a peaceful agreement.
If your partner has cheated on you but you are not quite ready to call it quits, then you can still find marriage help. It will take a lot of work to get the marriage back on track but it can happen. It requires counseling to uncover the reasons why one spouse strayed from the marriage bed. There will be a lot of hurt feelings that have to be overcome and it is entirely possible that you can never let the incident(s) go and that divorce will happen regardless of your efforts to save the marriage.
Infidelity is a devastating thing when it happens. You always wonder if it was something you did to drive your partner into the arms of a lover. There is always that doubt about whether or not your husband or wife ever truly loved you. If they did, then why did they betray you? The divorce laws may be on your side if and when you decide that you cannot live with a cheating partner but it does not make the emotional wounds any easier to deal with.
Helping You Seek the Right Divorce Lawyer
If you are looking for a restaurant, then picking through the phone book is not such a bad decision. But you do not want to do the same thing when it comes to divorce attorneys. The wrong attorney could wind up failing you when you need him or her most. When choosing a divorce lawyer, you need to ensure that he or she has the background you need in order to be represented well if the divorce becomes bitter and goes to court. The wrong attorney could cost you quite a lot of money in the end.
If you are considering a separation and divorce, then you need a divorce lawyer who is going to have the time to take your case and not simply hand it off to his or her paralegals. Your attorney is your voice when it comes time to go to court and negotiate your divorce settlement. If you pick an attorney who is handling too many cases at once, then you may not get the representation that you need.
Divorce laws differ from state to state so this is something you want to consider when you are getting advice from other people. They may have had a divorce in a different state where the laws are different. You should choose a divorce attorney who lives in close proximity to you. That way he or he will know the judges and can give you an idea on how the divorce will proceed. He or she should always be able to answer all of your questions and be impartial when it comes to giving you advice. You do not want an attorney who wants different things in the divorce than you do. Your goal should be to have an attorney who wants to make the divorce smoother for you; not one to simply rack up more charges and hourly fees.
If you and your spouse have come to an agreement on all of the important issues, such as finances, property, debt and child custody, then your divorce lawyer should speak to you about uncontested divorces. If he or she immediately wants the case to go to court and be a battle, then you may want to reconsider your representation. Yes, going to court to fight for your best interests is just one of the many job services your attorney should offer but he or she should give you other options from the very beginning.
The Heartbreak of Child Custody Battles
Coming to an amicable divorce settlement in most cases is a fairly simple process. Many couples can come to an agreement without declaring a full scale war on each other. But often the disagreements begin when child custody is brought up during the divorce proceedings. The divorced parents often begin to argue with each other about who should receive custody and support. It can quickly turn into a bitter fight where no one escapes unscathed. The family unit is gone and in its place new arrangements must be made. It can be a difficult time for all involved.
Divorce attorneys will represent both parties so that there is a fair judgment. In most cases one parent will have full time custody and the other will have visitation rights. The non-custodial parent will have to pay a certain amount of money each month, based on income, to the custodial parent for child support. The divorce court will set the amount to be paid. Many times the non-custodial parent will have to pay through the court system. If they fail to pay child support, then they could have their taxes and wages garnisheed.
A family law attorney is the best source of information on how proper child custody arrangements should be made. The arrangements will specify visitation, as well as how much child support should be paid each week or month. One recent trend in divorces is for the judge to put in special clauses within the divorce settlement that specify how each adult should act when the child is around. This helps prevent one parent from belittling the other parent and keeping the child the center of attention, rather than a weapon to be used against the other parent.
The most important thing to remember as divorced parents is that you both are responsible for the life of a child. That child has the right to grow up in a household where love and respect is present. If you cannot tolerate your ex spouse, then do not let your child bear the brunt of that anger. Keep your feelings to yourself and try to be respectful.
Divorced parents have a huge responsibility when child custody is involved. Yes, you may be angry at your former spouse but your child should never bear the brunt of your anger or hear you belittling your ex. You may have lost a spouse but your child has lost a full time parent. There are going to be emotional issues to deal with so seeking out a therapist may be beneficial to everyone involved.
The Vast Sensationalism of Celebrity Divorces
If your separation and divorce did not make the cover of People Magazine, then do not feel bad. Most people’s affairs are not covered by gossip magazines. But celebrity divorces are a constant in the media. People wanted to know every little detail of Jennifer Anniston and Brad Pitt’s split. Your divorce attorney did not have his name plastered in the gossip rags but theirs did. What is it about a celebrity couple getting divorced that seems to grab the attention of everyone?
Divorce court is filled with couples airing dirty laundry about each other. But very few cases ever receive the same attention that celebrity divorces receive. The year 2009 saw the divorce of Madonna and Guy Ritchie. People were shocked because they had been together for several years and could not quite believe all of the rumors that were surfacing. Gossip rags had a field day with the “he said/she said” allegations that were flying between the two. Couples that seem happy and content in their celebrity marriages rarely make the news.
Tom Hanks and Rita Wilson is one celebrity couple that has managed to stay away from an attorney and a divorce settlement. Things seem pretty good for them and you rarely see any rumors surfacing in the gossip rags. Britney Spears and Kevin Federline, however, were one of the Hollywood couples that experts said would divorce quickly. They did manage to stay together for awhile but they ended up divorcing and it has been a constant tabloid sensation since. There have been much faster separations and divorces though. Take for example Nicholas Cage and Lisa Marie Presley. They married in August of 2002 but just three months later a separation was filed. It almost seems as if the divorce papers were signed at start of the marriage.
Finding out that your neighbors or coworkers are having uncontested divorces is not very sensational. After all, how much could truly be at stake? But in the case of a celebrity divorce, people want to know all of the nitty, gritty details. The papers always point to infidelity but there is often more to these separations than what you read. It is easy to view celebrities as iconic figures that are above the everyday mundane tasks that people go through.
For all those who eagerly await celebrity divorces, there are some who want to see celebrity couples make it. Being a celebrity just amplifies every problem. If you are going through a divorce and are battling it out in divorce court, then it suddenly does not seem so bad when compared to the fanfare and censure that celebrities receive. You are not the only one to have a cheating spouse or be in an abusive relationship. It brings celebrities down to a normal level that the everyday Joe can relate with.
Taking A Look At Divorce Law
Divorce law can be a convoluted process for everyone involved, especially if the couple seeking a divorce was married for an extensive period of time. Each state and country has their own system and laws in place for divorce proceedings, and the individuals involved have to be aware of every law before reaching an agreement. Finding a lawyer is just the first step in a lengthy and sometimes harrowing experience.
The legal proceedings spelled out in divorce law will vary by state. If you are intending to seek a divorce from your spouse, it is important to contact your lawyer and find out what laws govern your state in terms of divorce proceedings. Once that is accomplished, you may be able to seek a legal separation, so long as your state recognizes them. A legal separation is petitioned by a lawyer in a court of law, allowing the spouses to live apart while each of their responsibilities are laid out in a separation agreement. If your state does not recognize a legal separation, then you must go to the next step, which is filing for a petition for divorce.
After a separation, divorce law proceeds to the filing of a petition to the county clerk. This is usually called the “Original Petition for Divorce.” The party filing for a divorce, called the “petitioner,” must state in the letter their reasons for filing. This letter will also include the names of both parties involved in the proceedings as well as any children involved. The petition is then given to the “respondent,” or the other party involved. They have thirty days to seek their own attorney and give their consent to the petition. When children are involved in a divorce settlement, the petition must be recognized by both parties before either one is allowed to request legal orders to assist with child support guidelines.
Divorce law allows the collection of information on both spouses involved. This is called “discovery,” and normally consists of five steps, depending on the state where the case is handled. The first is a disclosure, where both the petitioner and the respondent list what they feel is rightfully theirs. This includes property, child custody rights, and personal assets. The disclosures are handed out must be evaluated within thirty days. Interrogatories are a list of questions drafted by attorneys to be asked to both parties. These are handed out and must also be answered within thirty days. Some states have limitations on the amount of questions asked by attorneys.
Admissions of facts are another part of the “discovery” process. Either both or one spouse will direct claims to the other party which must be denied or accepted within the allotted time, usually thirty days. Income and personal properties are collected in the next phase, which is referred to as a request for production. The spouse that is served with a request must comply within thirty days. Because this process involves personal information, it is usually here that divorce proceedings slow down considerably. Finally, depositions are needed to fulfill the “discovery” mechanism. Depositions are sworn testimonies of the opposing party and they usually involve witnesses and are often used in court during the divorce proceedings.
Once all the information is gathered, a mediation or trial is scheduled. Mediations are when both spouses meet with their attorneys to discuss the divorce and attempt to reach a settlement without going to court. If a settlement can not be arranged during this time, then a trial is set so both parties can argue their case in front of a judge. Once the judge makes his or her decision, the papers are signed and a divorce is finalized. As with any court proceeding, appeals can be made if one of the parties involved feels the judges ruling was unjust.
No one is overly excited about the prospect of succumbing to a state’s divorce law. Because there is no way to avoid the issue, it is important to properly arm yourself with a trustworthy lawyer and ample amount of information about your state’s legal specifications. Knowing what you are up against can greatly increase your chances of speeding up the divorce proceedings because you are not caught off guard by unexpected requirements.
Useful Tips On How To Deal With Divorce Court
Your actions in divorce court can have a tremendous outcome on your divorce settlement. Judges will look at all the evidence presented to them by both attorneys before deciding a case, but actions can speak louder than the written word. If you fail to conduct yourself in an orderly manner, you could loose some of the concessions regarding property division or custody and visitation rights for your children.
Before entering divorce court, it is vitally important that your lawyer and you work out as many details and issues as possible with your spouse’s lawyer. This is usually performed in what is called an early settlement panel, or divorce mediation. This panel takes place in a court house and is attended by your soon-to-be ex-spouse, you and both attorneys. Family law attorneys listen to both sides of the divorce settlement while both counselors go over property divisions, any marital debt that has accumulated and any other issues that comprise the marital settlement agreement. This process can be extremely helpful because it allows many of the issues to be settled between the couople before a judge even hears the case. In some instances, such as in divorce mediations, issues can be resolved and agreed upon without ever having to go to divorce court.
We have all seen cases on television or in the movies where couples are brought into divorce court, and in the end the “good spouse” wins. In reality, this is not so much the case. A judge has the free will to make his or her own decisions about a case, and that decision may not always be in favor of you. When proceeding with a divorce settlement, it is important to remember this fact because it will help you retain a cool demeanor in front of the judge if something is decided against you. The most difficult time to do this, of course, is when children are involved. What a judge decides regarding child custody and visitation rights will rest on the evidence your lawyer presents and the custody laws governing your state. But often a judge makes his or her decision about joint physical custody based on their personal instincts. So it is important to enter a courtroom with an open mind and a clear outlook on how things could turn out in the end.
Your family law attorney can guide you through your time spent in divorce court. Following their lead is very important, especially if you need to speak in front of the judge. As with any other profession, common courtesy is expected in a court of law. This means always addressing the judge as “your honor,” and remembering to thank him or her for your time in front of the bench. If you are trying to present yourself in a professional manner, remember to never make snide or condescending remarks to your spouse. This will only cause you more harm in terms of the divorce settlement. When a joint physical custody battle occurs between you and your spouse, keeping your cool can be difficult. Never bring the children into the courtroom because it will only make things more difficult for everyone involved. Lawyers will always come prepared to court, but to help obtain all the information discussed in divorce court, take notes that will assist your attorney with the proceedings. Being prepared as possible will only benefit you, and hopefully bring about a positive outcome in the end.
Divorce court appearances can be short-lived or drawn out over months at a time. The best way to keep your proceeding relatively brief is by remaining mindful of your actions during the ordeal. Going in with the realization that a judge may not rule in your favor will help you maintain the dignity needed to make it through the settlement with a few bumps and minimal scars. Unlike many of the celebrity divorces shown on television, divorce proceedings for average couples can be done with speed, accuracy and little bickering. Remembering the proper etiquette while following your lawyers lead will help the overall experience.
Adjusting After Divorce
After divorce, many individuals find themselves dealing with insecurities about themselves and their ability to stay in a stable relationship. When children are involved, a divorce can require child custody and visitation rights. Seeing a child go through the rigors of choosing one parent over the other adds to the despair and helplessness a newly divorced parent feels. Yet, divorce does not mean the end of life itself, and many individuals can move on and make a new life for themselves, and for their children.
After divorce takes place, both parties involved may find it hard to move on and start another romantic relationship. This is especially true in cases where one spouse leaves the other. When someone leaves the marriage, they may have an easier time coping with the “emotional baggage” that can accompany a divorce because the person maintains a sense of control over the situation. It becomes difficult for the person “being left” because they feel powerless to control the situation. The role you played in a divorce can determine how well you are able to move on and eventually begin a new relationship. After divorce, try to think about yourself for once and figure out what it is you really want out of a relationship with another individual. This may require you to think back on your marriage to see what went wrong. Was the lack of love mutual between you and your spouse? If you were the one to end the marriage, what made you seek a divorce in the first place? Once you can assess the situation to some degree, avoid falling into isolation, obsessing over the marriage, or trying to find ways to get even. These emotions will only increase the negativity you may already be feeling about yourself or about your former spouse. Instead, give yourself ample time to heal after a divorce and focus on things you always wanted to do during your marriage, but seemed to never find the time for. Focusing on yourself will allow you give you the opportunity to rediscover what makes you happy while diminishing your chances of starting a “rebound relationship” with someone.
Other issues that arise after a divorce are the problems children can face when their parents are living in two different places. Child custody laws can make divorce proceedings difficult and lengthy for everyone involved. In the end, the children are left feeling pulled in two directions. Holidays are the most stressful thing children must adjust to after the custody litigation is resolved. A divorced parent can help their child by making a plan for the holidays and discussing where they will be spending them.
Explain that holiday traditions don’t have to change, but will only be different because both parents won’t be present. Listening to your child’s fears and frustrations about the custody and visitation settlement can help them adjust to living in two places. Many children miss the parent they are not visiting, so allow them to maintain contact during their stay. Helping your child adjust will vary depending on their age, but helping them maintain a sense of normalcy in a difficult situation will help make your relationship with your child stronger.
After divorce, property settlements can be a lengthy and frustrating process to finalize. This is especially true when a couple was married for an extensive period of time. Properties not only include the home you shared, but it can also include vehicles, the family pet and personal belongings. One of the most important things in a property division is finding out who gets the home. If you are keeping the property, be sure the deed is signed over in your name so you can take full responsibility for any payments left on the home. If your spouse gets the home, be sure they sign the deed and take full responsibility. Otherwise, you could be held accountable for payment of the mortgage if they fail to pay the lender.
Financial assets can be awarded to a spouse after divorce, but it can vary depending on your lawyers, the length of the marriage and what both parties originally brought into the marriage. Finally, in some instances, a divorced person can continue to stay on their ex-spouse’s health insurance plan for as long as three years. This is especially true in cases when children are involved and need to stay on one parent’s coverage. Insurance plans will again depend on your divorce settlement and what concessions are made during the proceedings.
Adjusting to life after divorce can seem difficult at first. But with time, the emotional wounds you feel will heal. Giving yourself a chance to cope with the changes you face in life will allow you to find out what is most important to you. Knowing this before you enter a new relationship can prevent you from having a string of meaningless romances. Discovering what is important to you will also help alleviate the problems children encounter when living with a divorced parent. And even if property settlements add extra strain to a difficult situation, coming to grips with your own emotions will improve your ability to think clearly.