Understanding and working through the divorce process can feel like a monumental task. The sheer exhaustion associated with the separation from your spouse is already a source of stress and despair, even before any attempt is made to grasp the various legal aspects involved.
A knowledge of the common issues and steps you'll journey through with your family law attorney in the trial process is incredibly important as you begin your separation, however. With this firmly in mind, let's take a look together at the likely proceedings, as well as the impact of child support.
Common Divorce Issues
Often, spouses cannot agree on terms, and they enter into a contested divorce. These situations may require a family law attorney with a certain specialty and acumen depending upon the exact disputes involved. Common types of contested disputes include:
- Division of debts
- Division of property
- Domestic violence disputes
- Child support and visitation
- Spousal support or alimony
Steps in the Process
It's critical to understand that there are a number of legal requirements involved with all contested court cases, and these requirements must be met before two individuals can move forward in the process.
While the following is by no means an exhaustive, complete list of steps, here's a brief overview of the journey that must be taken by spouses:
- The petition for divorce, which acts as the official paperwork for the proceedings and states the reason for the case and the dissolution of the marriage, must be prepped, filed, and served.
- A response to the petition is issued.
- A family law attorney must be acquired.
- The lawyer will walk the spouses through the discovery process, which allows for the gathering of information on the case both from the two individuals intimately involved as well as any witnesses. This includes all pre-trial hearings, depositions, and subpoenas.
- Lawyers on each side negotiate for the possibility of a settlement.
- Trial prep begins in the event that a settlement can still not be reached between both sides.
- A trial is held and completed.
- A final order is put forth by the court that sums up the judge's decision, and the lawful separation of the two parties is completed.
- The appeals process begins and is completed if any details of the original decision are disputed by either party.
You'll want to check with a family law attorney and your local courthouse for further specifics on the steps and legal requirements involved, as each state differs in its requirements.
Child Support
The issue of child support/alimony in any divorce proceeding naturally complicates matters to a considerable extent.
Alimony payments made by a spouse generally continue until the minor child involved reaches maturity, which the court considers to be the age of 18. However, there are instances when the court will decide that additional alimony payments beyond this point are necessary. These include but are not necessarily limited to:
- When an 18-year-old is not yet "self-supporting" and is still attending high school. (Alimony usually ends at 19 even if the child remains in high school, however.)
- When the child in question is special needs or otherwise incapacitated. In such cases, alimony generally continues as long as the child is deemed to be lacking in sufficient means.
Parents can voluntarily come to an agreement for one side to continue to make child support payments past the normal timeframe.
When in need of a family law attorney, Mobile, AL residents go to http://www.briskman-binion.com/Domestic.aspx.
Article Source: http://EzineArticles.com/expert/Abraham_Avotina/663190
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Sunday, 3 January 2016
What to Look For in a Child Custody Lawyer
Experience
Because the courts encourage parents to make their own arrangements, most child custody cases are decided without a judge's ruling. A skillful lawyer will take this opportunity to negotiate a favorable agreement that gets his/her client exactly what they want. On the flip side, an inexperienced attorney may fall prey to a savvy negotiator, leaving his/her client with an arrangement that doesn't sit well with them.
It is important to focus only on those who practice family law to find a seasoned litigator. Trust us, the last thing you want is someone who merely dabbles in this complex legal field. You need a professional who devotes all, or most, of his/her time to these cases. Search for firms that advertise themselves as family law firms.
Availability
Many accomplished, sought-after lawyers are nearly impossible to get on the phone. Because they are often busy with their top clients, they may be unable or unwilling to take on new ones. It is actually not at all uncommon for clients to hire one lawyer, only to have his associates and underlings handle most of the work on their case. This is seldom an auspicious arrangement when it comes to family law cases.
Because your children are probably the most precious thing in the world to you, you want a child custody lawyer you can reach. You also want one who can and will drop everything when you have an emergency situation. So, if you find it difficult scheduling an appointment with a prospective attorney, keep looking!
Local Office
Because custody cases are often hands-on affairs that require many meetings and visits with your attorney, you want one who's located in your area. It is also often a good idea to find a litigator whose office is close to the court where your action will take place since he/she may know the judges and the local court procedures.
Reasonable Fees
In most cases, a child custody lawyer will charge you either a flat fee or an hourly one. If you select the former, odds are the final bill will cost a few thousand dollars. The hourly rate, on the other hand, is often reserved for more complex cases that involve court battles. While lower prices do not necessarily indicate inferior service, less experienced, less accomplished attorneys typically charge lower rates. For those who want quality service on a budget, finding a reputable litigator with reasonable rates may require an extensive search. Contact your state bar association, or visit their website to locate a lawyer in good standing in your area.
Follow this advice to find an experienced child custody lawyer in your neck of the woods.
To learn more about their options for a child custody lawyer, Wilmington residents should visit http://jameszisa.com/areas-of-practice/child-custody-child-support/.
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Four Tips for Finding a Divorce Attorney
Gain Referrals From Other Professionals
The best place to begin constructing a short-list of potential divorce attorneys is often through referrals gleaned from professionals who are likely to work closely with lawyers. This includes therapists, accountants, clergy members, and even other lawyers. These individuals can offer great insight into attorney reputations, as well as provide you with an introduction to get started.
Only Select a Board-Certified Lawyer
As a starting point, your divorce attorney should be board-certified in family law. These individuals specialize in the specific kind of case you're entrenched in. In order to receive certification, each professional has to accumulate a substantial amount of actual trial experience, and must continue to work such cases at frequent intervals in order to maintain their certification. Although they will likely cost more than a non-board-certified attorney, they are entirely worth it.
Understand Your Needs
Needless to say, not all divorce situations are created equal. You may have an understanding with your soon to be ex-spouse over each other's expectations going into the process, and you may have an already existing agreement concerning the terms. If so, consider yourself extremely fortunate!
Sadly, such uncontested situations are often not a reality for many couples experiencing a separation. Instead, these instances are often fraught with disagreement, resulting in what is called a contested divorce. These may require a lawyer versed in the specialty most applicable to your situation.
Contested divorces include, but are not limited to:
- Child support/alimony payments
- Visitation rights
- Domestic violence situations
- Division of property and debts
Selecting a lawyer that is particularly skilled and well versed in the area most affecting you and your family will likely yield the most benefits.
Ask Questions
Take the time to get to know your prospective lawyer by asking detailed questions. The following is a primer to get you started:
- Ask about your choice of courts, and how a different court may or may not make a difference in your case.
- Inquire about the lawyer's relationship with any judges in the area, and what they know of them. Attorneys with an "inside track" as to the tendencies of a judge can be a hugely valuable resource.
- Check to see what their support staff is like and whether they possess paralegals.
- Ask as to what expenses you'll be required to pay, and if there is any situation where the retainer fee may be refunded, in whole or in part.
With these questions and a few good recommendations, you should be able to find an advocate who can ease the legal burden in an otherwise difficult situation.
When looking for a divorce attorney, NJ residents should consult nj-law.com/familylaw/divorce-services/.
Article Source: http://EzineArticles.com/expert/Abraham_Avotina/663190
Article Source: http://EzineArticles.com/9271833
Four Tips for Finding a Divorce Attorney
Gain Referrals From Other Professionals
The best place to begin constructing a short-list of potential divorce attorneys is often through referrals gleaned from professionals who are likely to work closely with lawyers. This includes therapists, accountants, clergy members, and even other lawyers. These individuals can offer great insight into attorney reputations, as well as provide you with an introduction to get started.
Only Select a Board-Certified Lawyer
As a starting point, your divorce attorney should be board-certified in family law. These individuals specialize in the specific kind of case you're entrenched in. In order to receive certification, each professional has to accumulate a substantial amount of actual trial experience, and must continue to work such cases at frequent intervals in order to maintain their certification. Although they will likely cost more than a non-board-certified attorney, they are entirely worth it.
Understand Your Needs
Needless to say, not all divorce situations are created equal. You may have an understanding with your soon to be ex-spouse over each other's expectations going into the process, and you may have an already existing agreement concerning the terms. If so, consider yourself extremely fortunate!
Sadly, such uncontested situations are often not a reality for many couples experiencing a separation. Instead, these instances are often fraught with disagreement, resulting in what is called a contested divorce. These may require a lawyer versed in the specialty most applicable to your situation.
Contested divorces include, but are not limited to:
- Child support/alimony payments
- Visitation rights
- Domestic violence situations
- Division of property and debts
Selecting a lawyer that is particularly skilled and well versed in the area most affecting you and your family will likely yield the most benefits.
Ask Questions
Take the time to get to know your prospective lawyer by asking detailed questions. The following is a primer to get you started:
- Ask about your choice of courts, and how a different court may or may not make a difference in your case.
- Inquire about the lawyer's relationship with any judges in the area, and what they know of them. Attorneys with an "inside track" as to the tendencies of a judge can be a hugely valuable resource.
- Check to see what their support staff is like and whether they possess paralegals.
- Ask as to what expenses you'll be required to pay, and if there is any situation where the retainer fee may be refunded, in whole or in part.
With these questions and a few good recommendations, you should be able to find an advocate who can ease the legal burden in an otherwise difficult situation.
When looking for a divorce attorney, NJ residents should consult nj-law.com/familylaw/divorce-services/.
Article Source: http://EzineArticles.com/expert/Abraham_Avotina/663190
Article Source: http://EzineArticles.com/9271833
Family Law Advice: Handling Custody Arrangements
Different Forms of Custody
One of the first details to think about is the type of custody each parent will have. There are generally three types: sole, joint, and split. Sole custody gives one parent both legal and physical custody of the children. Joint provides each parent equal time with the children with the option of sharing legal custody. Split occurs when there is more than one child and each parent takes care of the children, but not all of them at once.
Visitation Arrangements
When working with the family law attorney, a clear visitation schedule should be fully established for the non-custodial parent. It is best for parents to work these situations out themselves based on their own demands and circumstances. If a parent moves to a different state, he or she will have to have a specified visitation, since weekly visits will not be possible. Instead, an extended visit in the summer would make up for that. Holidays are another subject that needs special attention. Ideally, each parent would either rotate holidays or divide them equally.
Shared Costs
Another component of child custody is the major costs associated with the children and who will pay them. These expenses include items like health insurance coverage, dependents on tax returns, or school tuition. Keep in mind that these costs are not factored into child support payments. Both parties in the divorce should agree on these shared expenses and have the family law attorney place the finalized decision in the divorce agreement.
Power Over Major Decisions
In many instances, major life decisions will need to be made for the kids. While some decisions are not very significant and will not require the input of two parents, others will be more substantial. It needs to be clearly laid out in the divorce decree who is going to make these arrangements and whether or not the other parent will have any say. These decisions may include healthcare issues, school issues, religion, and how to discipline. It is best that both the mother and father work together for a consistent upbringing.
Keep in mind that custody agreements are not set in stone. There may be times when the arrangement needs to be altered, so always remember to consult your family law attorney if changes need to be made. These decisions are often made during a stressful time, and it is possible to forget about some details that need to be added. In addition, life events can happen that may require major changes, such as moving to another state. The best thing to remember is to be open for the betterment of the kids.
To learn more about their options for family law, Burlington residents should visit http://dknfamilylaw.com/.
Article Source: http://EzineArticles.com/expert/Abraham_Avotina/663190
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