Alimony Attorneys: Understanding Alimony Modification

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The cool thing with alimony is that you can modify it if need be. All you need to do is work with your alimony attorneys who will guide you through the way.

Reasons to request alimony modification

There are many reasons that can trigger you to request for an alimony modification. Some of these reasons include:

Agreement: If you find that your spouse is struggling to make ends meet or you feel that the amount you are receiving is too much or too little, you can agree to modify the terms of your agreement. You can make the modifications on your own without requiring the approval of the court but to make the agreement legal, it’s always wise to have it signed by a judge. The signing also protects you in the event your former spouse refutes it.

Change of circumstances: Life can change any time either for the good or bad. One of the changes that you can have is your spouse earning more or less than before. If your former spouse is earning more now, you can adjust the alimony payments so that you can be paying less. If on the other hand your spouse has lost a job or is earning less, you may have to adjust your payments upwards.

Another change you can have is cohabitation. It’s common for divorcees to move in with other people especially when there are no children involved. If your former spouse has moved in with the boyfriend or girlfriend, the court assumes that they don’t require alimony. You should move quickly with your family lawyer and file for the modification. You can also reach out to your spouse and agree on a modification without involving the court.

Your spouse can also suffer from disability either due to an accident or medical condition. Due to this he/she may not be able to work thus you have to increase your alimony payment so that they can maintain their former lifestyle.

How to file for alimony modification

To make the process easy and less expensive it’s always wise for you to agree with your former spouse on the modifications. If your spouse refuses to make the adjustments and yet you have solid reasons why there should be modifications, you should move to court with your divorce lawyer and obtain the necessary papers that allow you to request for the modification. After filing the case you should serve your former spouse with the petition and he/she will have a certain number of days to file a response.

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Family Lawyer: Mistakes To Avoid With Prenuptial Agreements

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If you have some property, it’s always wise to sign a prenuptial agreement in order to safeguard your future. A prenup is a document that details your property and how they should be used. Since the future is uncertain, the document specifies how the property will be divided in the event of divorce. To ensure that the prenup is professionally done, you should draft it under the supervision of an experienced family lawyer.

Studies show that many people that have never drafted the document before make plenty of costly mistakes that bring complications in the future. These mistakes include:

Treating it too casually

Since the law doesn’t require you to draft a prenup, many people tend to treat the document too casually which can cause problems in the future. Many people fail to follow the requirements which is wrong. Remember that even if you are signing the prenup out of your own will, the document is a contract and just like any other contract, the prenup should have all the necessary features. It should be professionally written. It also should be signed by lawyers from both sides.

Having an oral agreement

It’s common for people in love to trust each other and rarely think that their relationship will come to an end. Most of the couples will tell each other the property they own and who has access to them but rarely put it on paper. Remember that even if you have agreed with your spouse on who has access to what, the agreement can’t be recognized as regal and can’t be presented in court. In the event of a divorce your former spouse can claim the property and there is nothing you can do about it.

For the agreement to be binding, you should have it on paper and both you and your spouse should sign it in presence of your lawyers.

Pressuring each other to sign the contract

To avoid appearing as if they don’t trust each other, some spouses try to have the prenup signed when their spouses are under influence of alcohol or drugs. Remember that signing of the document under duress can result to invalidation of the prenuptial agreement. To avoid problems in the future, sit down with your spouse and agree on the terms of the prenup after which you should sign it.

Conclusion

These are the mistakes you should avoid making when drafting a prenup. As mentioned, to have an easy time, work with a reputable divorce lawyer who will help you with the drafting and reviewing  prenuptial agreements.

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Divorce Lawyer: Tips On How To A Dignified Divorce

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Divorces are known to be messy, take years to end, and often expensive. The cool thing is that it doesn’t have to be the case with yours. To help you out, here are tips on how to have a dignified divorce:

Be wise when choosing your divorce lawyer

Your divorce lawyer can make or break your case. An inexperienced professional will advise you to go to the court where you will spend a lot of money and waste a lot of time. The lawyer you hire should be highly experienced and be ready to mediate the entire process. Remember that you don’t have to go to court for you to be given a divorce. You can make the agreements on your own and present the final papers to the court.

Before you make the final decision, it’s always wise to research about your spouse’s lawyer. You should ask your lawyer how he/she feels about the other lawyer. If he/she isn’t comfortable with him/her or they have unsettled business, you should stay away from him/her as your case will take forever as the lawyers try to prove to each other.

Don’t try to revenge

Divorce is painful and before you make the decision to divorce your partner there are many bad things that your partner might have done to you. There are some people who see the divorce process as an opportunity to punish their partners for the bad things they have done to them. Some try to drag the cases so that their partners can spend a lot of money. Others try to take as much money as possible from their partners. Others want to have sole custody of the children and deny their partners access to them.

To have a dignified divorce process you should avoid trying to revenge. Whatever has happened has already happened and you will only be hurting yourself by going the revenge route. The best way of going about it is getting a reputable family lawyer and proceed with the divorce process.

Opt the mediation way

As mentioned above, you don’t have to go to court to divorce your partner. You can hire an experienced divorce attorney to act as a mediator and proceed with the divorce. The lawyer will help you with the separation of property, child support, child custody, and any other things involved in the divorce process. The only thing the child support lawyer or any other professional acting as the mediator needs to do is present the final papers to the judge and you will get your divorce. In addition to this option being simple and dignified, it’s also extremely cheap.

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Divorce Lawyer: 4 Things You Should Know About Divorce

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Divorce is never easy. The last thing you want is to be left reeling from the legal aspects while you’re undeniably caught up in the baggage of emotional and social hurdles that divorce brings about. Getting into divorce without the proper grasp of the legal battles can land you in a lot of trouble. To have it easy, it’s always good to have a divorce lawyer by your side who will not only provide you with legal advice, but also support you through the process. When you are going through the divorce, there are a number of things you need to know:

You don’t have to drag each to court to get a divorce

Contrary to popular belief, you need not fight a legal battle to obtain a divorce. Other than collaborative law (read lawyers and courts), you do have the options of mediation or negotiation under a neutral third party if you and your ex are willing. Both of these options include less legal and financial hassles and the deal reached here will be submitted to the court for the final verdict.

Child Custody/Support will always come up

If you had kids while you were married they will always come up. Obtaining legal custody of your child can be tricky. If the divorce is due to irreconcilable differences, then it rules out you and your ex getting joint custody of your child. In such a case you should seek sole custody. If you lose the residential custody of the child, do negotiate on matters of visitation and child support. Regardless of the type of child custody you are looking for, you should hire a child custody lawyer to help you through the process.

Property will be an issue in a high asset divorce

If you are rich, be prepared to drag each other in court for years fighting for the property that you own. You should hire a high asset divorce attorney to help you out. It’s never an issue in average and low property marriages as couples don’t have much to fight over.

Alimony will come up

Alimony is not always necessary if your ex is capable of taking care of his/herself, but if he/she is in a financial tunnel, you will have to pay him/her. You should note that alimony can be awarded to the husband or wife depending on the age, health, education, and financial capability. To ensure that the court doesn’t make an order that you are uncomfortable with, arm yourself with experienced alimony attorneys.

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Divorce Lawyer: Understanding Your Divorce Options

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When you are in an unhappy marriage, it’s always recommended that you file for divorce for your peace of mind and that of your children. If you are considering divorce you should know that you have many options. Some of these options include:

Going to a divorce court

This is the most common option for divorce. Here, you hire a divorce lawyer who advocates for you in court. You are recommended to undertake this process when mediation has failed and you have failed to reach an agreement on spousal support, child custody, and other divorce issues. While you don’t have to appear in court as the lawyer will handle most of the work for you, you tend to dirty your linens in public which isn’t good. The process is also expensive as you have to hire a divorce attorney who charges by the hour. If the process takes long, the hours can pile up seeing you spending a lot of money.

Pro se litigation

This divorce option means that you represent yourself in the divorce case, without a lawyer. To be successful at representing yourself, you need to take the time to learn the divorce laws in Virginia. You also need to familiarize yourself with the family court rules. Getting a divorce without a family lawyer is hard work but if you believe in yourself you can do it. In addition to having more knowledge on the laws governing Virginia, representing yourself is also cheaper as the only costs involved are those of filing for the divorce case.

Mediation

Here you hire a mediator who acts as an impartial third party. The person helps you work through your issues until you reach an agreeable settlement. You should choose this option when you aren’t interested in dragging each other to court. Also, consider the option when looking to save money in the divorce process. If you are strapped for cash this is the best option as the only cost involved is that of hiring a mediator, the fee for paying an attorney to review your agreement, and the filing fees in the court.

For the mediation process to work, you should be ready to work with your spouse and negotiate on the important details of the divorce. You should be ready to agree on child custody, spousal support, a division of property, and other things.

Conclusion

There are many options you can use to get a divorce. To have an easy time you should work with professionals such as alimony attorneys and others.

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Divorce Lawyer: 3 Tips On How To Save Money During Divorce

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If you ask many people that have undergone divorce they will tell you that the most pressing issue about the entire process is the cost. The divorce lawyer fees are usually the major concern but there are other fees such as phone call and transport fees that tend to pile up when the process drags on. While the divorce costs are usually high it doesn’t mean you have to spend huge amounts of money—there are a number of things you can do to keep the costs low. Some of these things include:

Avoid a contested divorce

A contested divorce is a form of divorce where you don’t agree with your spouse on many issues such as child support, spousal support, and others. Due to the disagreements, the process takes a long time to complete. It also tends to be stressful and attracts high legal fees. To save money you should settle on the uncontested divorce. Here you agree or make minor changes to the demands made by your ex-spouse. In addition to saving you a lot of money, an uncontested divorce also protects the relationship with your spouse.

Don’t contact the divorce attorney for even minor things

Lawyers work by the hour and they will charge you for every time they are involved in your case. To lower your lawyer fees you should handle some of the tasks on your own. For example, even if you can’t stand your ex, you should make the effort to reach out to them instead of asking your attorney to do it. You should also make yourself conversant with the court process and handle some of the minor paperwork. Experts recommend that you engage in short meetings with your divorce or alimony attorneys only once a week so that you can get a briefing on all the new developments in your case. If there isn’t anything new you shouldn’t have the meeting.

Avoid a cheap divorce attorney

This might sound contradicting but it’s true. While a cheap attorney might seem attractive, he/she isn’t right for you as he/she might not give you the service you deserve. The professional might drag the process thus you end up wasting a lot of time and even money. The cheap lawyer is also most likely inexperienced thus won’t provide you with expert advice. This puts you at the risk of making plenty of costly mistakes. To be on the safe side you should work with an experienced family lawyer.

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Things To Discuss With Your Divorce Lawyer

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It’s always recommended that you file for divorce if you have tried resolving your marital issues without success. To have an easy ride through the process you should arm yourself with a divorce lawyer. The professional will not only guide you on the filing of the case, he/she will also help in maintaining the communication between you and your ex-spouse. When you meet your lawyer you need to talk about many things that include:

Why you are in front of the divorce lawyer

The lawyer needs to know why you are thinking of ending your marriage. This can be due to lack of communication, desertion, infidelity or any other reason. You should let your lawyer know about it so that he/she can put together a strong case. In addition to this, you should tell the lawyer the duration of your marriage, children involved, and any other details that will give the lawyer more understanding about your case.

One of the major features of divorce is property. If you own property, you should let the lawyer know about it. This can be real estate, bank accounts, boats, cars and others. If you have debts and other liabilities you should also let the lawyer know about it. This information comes in handy in helping the family lawyer understand your case better.

During your discussion, you should mention to your lawyer how you would prefer the things to go. For example, mention to the lawyer the way you would prefer to divide your property.

Cost of the divorce attorney

Unless you are using a public defender (who is usually overworked thus not good for you), you will need to pay attorney fees. To avoid misunderstandings in the future, you should discuss the lawyer fees as soon as possible. Different lawyers charge different fees depending on their reputation and experience. If you feel you can’t afford a given lawyer, you should do your research and find a reputable, but an affordable one.

You should note that divorce cases can sometimes take years to be completed. When determining the amount of money you can afford to pay, consider the possibility of the case stretching for years. Will you be able to keep your divorce attorney around for this long?

Conclusion

These are some of the things you should discuss with your attorney. If children are involved, you should work with your child support lawyer and ensure that they get all the support they need to lead great lives.

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Child custody attorney: Tips On How To Win Sole Child Custody

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When children are involved in a divorce, the court can give you two types of child custody: sole and joint custody. Most courts prefer the joint custody as it allows the child to develop normally as he/she has access to both parents. If you can’t stand your partner thus want sole custody of your child, it can’t be easy, but it’s not impossible. All you need to do is get an experienced child custody attorney to help you go through the process. To increase your chances of winning the case you need to do a number of things. These things include:

Gather evidence that supports your application

For the court to listen to you, you have to show that you are a better parent. This calls for you to gather as much evidence that supports this argument as possible. If your partner is abusive, alcoholic, or a criminal, you should collect court orders, police reports, and medical records that support this argument. If you are in a better financial situation that your ex you should include financial information that supports this argument. When you are earning more it means that you will be a better provider thus increasing your chances of getting sole custody.

Put together your witnesses

Presenting your evidence isn’t enough to convince the judge that you should get sole custody of your child. To add weight to your case you should work with your family lawyer and get witnesses that will aid in proving that the child is better off having you as the sole parent. Some of the best witnesses to go for are: day-care workers, neighbors, doctors, therapists, and teachers. They will testify that you have always been there for your child and you have been the sole provider.

Get into agreement with your spouse

It’s often said that the best cases are those that don’t get into court. Before you drag each to the corridors of justice you should first speak to your ex. If you can’t stand being in the same room with him/her, ask your divorce lawyer to do it for you. In some cases, your ex might not have a problem with you having full custody of the child as long as you allow him/her to speak to the child from time to time. This saves you a lot of time and money that you would have spent in court.

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Tips On How To Share Property In A High-Asset Divorce

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A high-asset divorce involves a lot of property that often attracts a lot of attention. If history is anything to go by, most couples involved in divorces comprising of a lot of property have a problem sharing it. This is because they feel that they contributed more in getting the assets thus want to get as much as possible. If you are going through the divorce process, here are tips that will help you to easily divide your property thus go through the divorce process as fast as possible:

Categorize your property

You should sort through all of the property (real and personal) that you own, and categorize it as either community property (things which were bought during your marriage, regardless of which partner directly paid for them) or separate property (things that were bought before the marriage or things that were gifted specifically to one partner during the course of the marriage).

Decide which items you would like

To make the process easy you should identify the items that you want to keep, the ones that you are willing to compromise on, and the ones that you have absolutely no desire to keep.

Value the remaining items

Putting a monetary value on the items which are remaining can help you to see how much these shared assets are worth which is important in the negotiation process.

Begin negotiations

Whilst some people are happy to divide their assets without the assistance of a divorce lawyer, it’s always recommended that you do it under the supervision of your lawyer. According to experts, lawyers make the process much easier. To have an easy time you should hire an experienced professional. Although, many lawyers will begin by suggesting a complete fifty-fifty split of all physical assets, you shouldn’t shy away from stipulating your preferred sharing formula. For example, don’t be afraid of offering your partner more if you feel that he/she deserves more or you want to exchange the extra items for other things that of more value to you.

Conclusion

A divorce involving a lot of property is usually long and tedious as both partners want to get the most from it. To save time and money, you should work with your family lawyer and solve your divorce issues out of court. It’s only after you have failed on how to share your assets should you now head over to the corridors of justice.

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About Child Custody And How To Work With Your Child Custody Attorney

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When the marriage ends, child custody is usually a big issue. To have an easy time you should work with your child custody attorney who will guide you through the process.  When dealing with custody cases, there are two types of child custody that you should know about: physical and legal custody. When you have physical custody of the child, you live with the child. On the other hand when you have legal custody you make the important decisions regarding your child. This includes: the type of school that the child goes to, religion, health care providers treating your child and any other thing that affects the life of your child.

Types of legal and physical child custody

There are many types child custody that you can have. The most common are:

Sole custody: Here, one parent is given both physical and legal custody of the child. This type of custody is common when one of the parents is unable to take good care of the child. The court will also give this kind of custody when one of the parents is abusive. The other parent without custody can have visitation rights, but he/she can’t make decisions about the child.

Joint legal custody: This is the most common type of custody where both parents have a say in the important decisions about their children. Since the parents have to keep in touch, disputes are usually very common here. When you are having this type of custody, you need to be very cautious to avoid friction.

Joint physical custody: Physical custody means that the child lives with the parent with the custody. In joint physical custody, the child lives with both parents. The child splits the time that he/she spends with the parents.

Child custody lawyer in child custody cases

When you are going through a divorce, you are highly encouraged to hire a divorce lawyer to work with you. In addition to the attorney representing your case, he/she also provides you with moral support. According to the American Bar Association, less than 5% of child custody cases make it to the courthouse. This means that most of the parents resolve their issues on their own. The child custody lawyer will help with the mediation and ensure that you get custody of your child. There are many lawyers in the market, but not all are right for you. You should work with a family lawyer who is highly conversant with family law.

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