How To Hire The Best Divorce Lawyer

Divorce is not an easy thing to do. It is separating from the one that you used to love due to a lot of reasons. But sometimes it is one of the best things for an individual to do in order for them to grow. Divorce lawyers are there to help you go through the situation They are responsible for making sure that you will be able to process everything effortlessly. Without wasting any time, money and emotions. It is the lawyer’s job to abide the law and also the laws of the process of divorce. There are a lot of things that will be affected by the divorce. Which is why hiring the best lawyer can help you make everything quick and easy.

Here are some notes on how to hire the best divorce lawyer.

Create a list of the top lawyers near you

If you are in a small town or big town. There are a lot of lawers that you can go to. Create a list of who you know and a list that is being recommended by somebody you know. A recommended lawyer is usually where we go to. But it is not a guarantee that you can hire that lawyer. There are still stages for you to consider before hiring a lawyer that can help you go through your divorce.

Check your budget

Different lawyer, different rate. Check your budget before hiring a lawyer. You might run out of cash because of hiring the wrong lawyer. Negotiation is ideal to satisfy the lawyer and your needs as well. It is also best to do a little bit of research on how much is the usual rate for a divorce lawyer so that you will not be in shock whenever you are already talking to a divorce lawyer.

Set an appointment

Once you have a list of the lawyers and able to set your ideal budget, setting an appointment is a must. This is where you get to interview a lawyer and be able to find the one who you think is perfect to help you. You will also know during the interview who has what it takes to be your lawyer. This is to test on how well they are in their job.

Have a list of questions that you want to ask

In order for you not to waste time during your appointment, it is best to have a list of questions. Make sure these questions will be able to satisfy all your queries about the lawyer and up to what extent of their help they can do.

Select which one you think best

After you have interviewed some lawyers, I’m pretty sure you already have one or two in mind. Trust your gut feeling before hiring and be futuristic about the lawyer who you want to work with. The right lawyer will not allow you to feel uneasy. It is time to use the so-called 6th sense in this kind of a situation. Where you can only trust yourself and your guts

Ask around

Ask around about the lawyer you want to hire.  Knowing their “success score” can help you trust the lawyer that you want to hire. This is also for you to know their ability on how to handle the case that they are assigned to. It is known if that lawyer is popular, they surely have a high rate of success in their job. An experienced family law lawyer is what you are looking for. To make things faster and easier for you to process your divorce.

Set your goals

Set your goals and the desired timeline of the processing of the divorce. It will make everything easier for you if you have goals. Know what you want and have a lawyer help you in going through it.

The best divorce lawyers Alexandria VA are the ones you will make you feel confident about the process of the divorce. They will not leave you hanging and they will certainly not allow you to feel uncomfortable. Defending your right is what they aim for. And in order for you to know the best lawyer for you, follow the tips mentioned above and trust your gut feeling.

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Law for Divorce: Military Couple or a Military Spouse

Marriage is a huge step for any couple. Most especially if one of the spouses is a part of the military. If a military personnel is undergoing a process of divorce with their significant other, there are some unique and complex issues that arise. Military divorce lawyers will make better decisions in order to please both parties.  Military divorce is not the same with the normal divorce that most couples go through. There are some legal issues and papers that need to be processed. It is not an instant process, and like any other divorce cases, it takes a lot of time in order to ensure that everything will be successful.

Things to know about Military Divorce

Knowing the state or the location where the divorce will be filed.

We have this Uniformed Services Former Spouses Protection Act or USFSPA. This handles the division of the pension of the military personnel who is undergoing a divorce. This is to ensure that their former partner will have a part of his pension. But this is one of the most complicated processes in the military divorce. Divorce should be filed in the state of legal residency in order for the court to divide the pension. But if not, the court will have no authority to do so.

Knowing the Servicemembers Civil Relief Act

This Act is giving the other spouse an amount of time to fill up the divorce papers. Then after, the court will be able to process the next steps in order to begin the formal preparation of the divorce. The Servicemembers Civil Relief Act also can make a request in delaying the process of the divorce. This is only if the other spouse failed to respond or failed to appear in any hearings. It freezes the child support, property division, and military division.

Military Lawyer Involvement

Military legal assistance attornies cannot process the entire divorce proper. It is best for you to hire a private lawyer who is “expert” in the field of divorce. Although the military legal assistance attornies can be of help but limited. They can help writing letters, improve and review legal documents, negotiate on your behalf and answer some of your questions. A spouse of a military personnel can also get a military legal assistance as well. Even if they are not a part of the military.

Child Support

The military child support when it comes to divorce involves the amount of money agreed and authorized by the court. It takes an ample amount of time on deciding how much money would they shell out money to support their child. It also involves house allowance, basic allowance for subsistence and housing allowance. Changing the amount agreed requires another consent order in order to increase or decrease the former amount agreed. Each military services except for the air force has a certain rule that needs to be followed. This rule is about how much a parent should pay.

Continued Health Benefit

Even after the divorce, the spouse is still entitled to the TRICARE. This is about the 20/20/20 rule. Where 20 years of marriage, 20 years of service, and 20 years of overlap. If these rules are met even after the divorce the former spouse is entitled with TRICARE as their secondary payor and the private payor as the first.

But if the former military spouse is not eligible for the TRICARE, they can buy either conversion health coverage which is called Continued Health Care Benefit Program. The former military spouse can buy this program and has a 36-month of health care. But if he or she wants to extend, there are some certain rules that he or she should be met in order for it to extend.

There are a lot of things to consider in military divorces. These are just a few of the considerations that you need to know upon applying for a divorce. Best divorce lawyers Alexandria VA can surely help you process your military divorce easily and quickly. These lawyers will also make sure that both parties will have an equal agreement and can settle the different assets in a fair manner. Going through a military divorce is difficult. It takes time, effort and emotion to get through it all.

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Children’s Support after Parents’ Divorce

Separation is one of the hardest things to deal with when it comes to children. Their parents’ divorce will affect the way they live and the way they grow up. Child support lawyers are there to defend the children’s rights. They get to help protect them as well. These lawyers are also responsible for the safety of these children if both parents are not healthy for their growth. The divorce of a child’s parents is one of the toughest moments in a child. Most especially if they are still young. There are a lot of things that they have to deal with in order for them to cope with what’s lost.

Here are additional reasons why children need help from lawyers:

Help reach the children’s basic needs

A child always needs a home. And it is the lawyer’s job to make sure that the home that they will go to will be safe. Also, the lawyer needs to do their best to make sure that the children will be safe. And lessen the trauma that they have experienced that is caused by any family law case. They also make sure that the court will know how the children feel during the event of chaos. This can help them decide on where to put the kids.

Protects the rights of the children

The lawyer is always there on behalf of the children. They serve as their voice so that everyone will be able to listen to what the children want and need. Lawyers must also observe the child whenever they are with their parents and to see how the children act and feel whenever they are around them. It will also be easier for them to decide where the children go for custody.

Decides about the welfare of the child

Another responsibility of a lawyer is to stand and decide what is right for the children, Most especially in a case where the parents of the children are not doing their role as a role model. They should think and decide what is best for them. They serve as if they are the extended parent that uses the law to protect them and give them their needs.

Defends the rights of the children

Every kid needs to be heard. And every kid needs to have a lawyer as well that will be there for them during difficult life situations. They will stand as their guardian until the court has decided on what is best for the children. The lawyer must keep the confidentiality of their conversation between the child. Unless the children want their parents to know or the court to know.

When to get a lawyer involved?

It is time for the children to have a lawyer by there wide when there is custody or access case that is requested by the court. This happens if the child is part of a certain case. And also for child protection.

How can a child and a lawyer work together?

The lawyer who accepts any case must build a trust relationship between them and the child. It is also the responsibility of the lawyer to explain to the child what it means to have a lawyer. And also it is the lawyer’s responsibility to determine the views of the child and preferences. Constant communication between a lawyer and the child is a must. This is for the child to be able to adjust and can build a relationship with their lawyers. If this is achieved, it will be easier for the child to open up to the lawyer and say what she or he needs to say. And it is the lawyer’s job to tell the court what is best for the child’s interest.

Family lawyers, Alexandria VA will always be there to support their child. This is to ensure that whatever the family is going through, they will be able to hand it properly. Most especially for the children. They need lawyers as much as an individual must be. There are a lot of situations where children cannot handle and cannot understand. This is where a lawyer will stand up by there side and help them understand that everything is going to be okay.

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Dealing with Family Business and its Common Issues

There is a huge difference in the relationship between a family and their family business. Treatments will be different within the workspace and within family reunions. But it will never be a rare thing that there are some conflicts that may happen along the way. Things will also be difficult if there will be a family separation that might occur. The pioneering CEOs of the business get divorced. The division of the business might be a little bit of a challenge. Hiring a business lawyer and at the same time, a family lawyer will always make everything easier.

Business will always be business, and we will always need our family to be there in order to keep the business running. And in order for everything to be well organized, hiring a business lawyer for the family is a must. Bellow are the common issues that a family experience when it comes to running the business together as a family and as a business corporation.

Separation of Business Partners

The common business partners are sometimes married couples. But if the marriage will no longer work, the business they put up together is in a bit of a trouble if both sides have negative upbringing between them. There are different kinds of scenarios that will likely to happen. One is the stagnation of the business. Due to lack of communication and mutual understanding about the business, the sales might as well decline. Another one is the splitting of proceeds. It needs a good lawyer in order for everything to be in a good place and have a continued joint management. And the last thing that might happen is that the spouse buys out the other.

Relationship as a Family and Co-Worker

Family and work have their own way of treating one another. Treating a family is caring for one another in order to make everyone successful. But treating a family member who is also your co-worker in your business, might change everything. It can never be avoided that there will be awkward situations between the family if there are some negative happenings in the business. The way each other treats at home and at work will not somehow be the same as usual.

Family Pressure

You can never trust anyone in the world aside from a family member. Which is why the pressure is on whenever you are hired by your uncle to run a certain business with them. It is a common issue when the next generation is given the pressure to run the business in the future. It is either they are not interested in running the business or they lack skills in running the business. This leads to mental pressure and might result in unwanted happenings. Physical and emotional problems are the common causes of family pressure. Which is why a boundary should be set so that the relationship as a family and a business partner will never be shattered.

Turning Over

The turning over a business is one of the most crucial stages. There are a lot of people who are involved, within the family itself and also the non-family members. It is a battle between the relationship of the family and the trustworthy employer. Another issue is that if the business is passed on to a family member who doesn’t want to run it, this will lead to mental pressure. And if it is being passed on to a non-family member, the rest of the relatives might have a tension towards that worker.

The absence of Exit Plan

Technically if you are a member of a family who is running a business, there will be no escape.  It can’t be avoided that the CEO of the business retires and no one in the family wants to run it, the family might sell the business for the betterment of the future. There has to be a futuristic plan in order to keep the business running. It is either to be continued by a family member or sell it or even transfer the responsibility to a trusted worker.

Family lawyers Alexandria VA will always be there to help you with any family problems. Most especially when it comes to the family business. There are a lot of solutions in order to keep the business running even without the conflict between separated business partners.

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Understanding Legal Separation Agreements

separation legal agreements
Legal separation agreements are written agreements that are made between two spouses intent on separating or who have separated.

In a nutshell, such agreements establish each spouse’s rights including but not limited to who pays the family debts, how the property will be divided, who gets to live in the matrimonial home.

The agreements also state the kind of visiting rights each parent has, who has custody of the children, and who makes spousal and child support payments, etc.

The separation agreements are voluntary and are not required by law to establish legal separation.

Whether they are present or not, separation is deemed legal once one spouse moves out of the marital home and does not intend on moving back in or both spouses have been living separately.

However, separation agreements resolve most of the issues involved in a separation and makes the whole process much easier.

Legal Separation Agreements requirements

To create legally binding agreements, both spouses must be honest and open about their financial situation.

This calls for detailed disclosures of all their significant liabilities and assets.

Additionally, the separation agreement must be in writing; entered into voluntarily; understood by both parties; and signed with witnesses present. It is also advisable that both spouses receive independent legal advice before appending their signatures.

While courts are generally tasked with upholding separation agreements, it is always a good idea to avoid one-sided agreements.

This is because unfair agreements often create resentments which in turn leads to court proceedings in an attempt to vary the agreement.

Biased agreements also contribute to litigation on the breakdown of a marriage which is what they are designed to avoid, to begin with.

Although legal separation agreements become legally binding once signed, both parties can vary their terms by mutual agreement at any point down the line.

If you have never drafted the agreements before, you should consider hiring a divorce lawyer to help you out.

Legal agreement enforcement

By being a signatory to a legal separation agreement, each party has the same obligations and rights as if it were a court-ordered separation.

If you have concerns that the other party is unlikely to fulfill its obligations as stipulated, you can file it with your family court in your jurisdiction. This should help enforce any payment schedules under it.

Who can prepare such an agreement?

Although spouses can prepare their own legal separation agreements, most are negotiated and prepared by lawyers.

The obligations and rights in these agreements are crucial so each spouse ought to be sure of his or her rights prior to signing. When hiring a family lawyer, ensure that he/she is reputable and experienced enough.

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Situations When To Hire A Child Custody Lawyer

child custody lawyer

When you part ways with your partner, and you have kids, there is always the issue of kids. If you are still in good terms with your partner, you can agree on who will have custody of the children, but if this isn’t the case with you, you have no way out other than to fight for child custody.

In some cases, you don’t need to hire a child custody lawyer to help you out, but if the situation calls for it, you should go for one. To help you out, here are situations when you may need the attorney:

Your ex-partner already has a lawyer

While you can win when you represent yourself, your chances of doing it area slim. This is because lawyers are highly experienced in the area and know all the loopholes that they can exploit to ensure that you lose your case.

For you to increase the chances of winning your case, you should highly consider getting a divorce attorney to represent you. Good lawyers are often pricy; therefore, if you don’t have enough money to hire one, you should consider getting free legal aid in your area.

As rule of thumb, you should avoid an attorney who is too cheap as you will always get what you pay for.

Your case has become more complicated

Sometimes you may find that your case has become more complicated. For example, your partner might have agreed to share custody, but they might have changed their mind. In such a scenario, you should hire a divorce lawyer who will be on your side and work with you until you get the form of arrangement that is right for you.

You believe that your child is in danger

Sometimes your ex-partner might try to hurt your child. For example, they might try to take him/her away from you. Some partners are crazy and might threaten your child. If your ex has threatened to take away or hurt your child, you should get qualified legal representation.

You should get an experienced lawyer who will let the court know about the situation and get the best for you and your child.

The court isn’t on your side

Sometimes the court isn’t on your side from the word go. For example, when the judge requires that you take parenting or anger management classes, it might already have the impression that you aren’t fit for child custody which greatly reduces the chances of getting the custody of your child. In such a scenario you should get a family lawyer to represent you.

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Divorce Lawyer: Tips To Consider When Drafting A Prenup

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The prenup protects you when you are divorcing. When you are drafting the document, you need to consider a number of tips. Some of these tips as given by divorce lawyer include:

Be cautious of your emotions

It’s common for love to distort your reality. For you to have a smooth divorce in the future, you should be careful of these emotions. When you decide to draw a prenup, you should be objective and have a sitting with your spouse.

Regardless of how attached you feel, you should ensure that you first fill the document before you go ahead with your marriage.

Disclose your assets

It’s common for financial disclosure statements to be attached to prenuptial agreements. These agreements show the income, debts, and assets of both the involved parties. In most cases, the wealthier spouse does want to reveal how much every asset is worth.

If this is the case with you, you shouldn’t feel obligated to disclose everything. The best way out is to opt for the limiting disclosure. Here you reveal the assets that you have, but you don’t go to the extent of disclosing how much they are worth, especially when they exceed a certain value.

While this is the case, you should ensure that you list every asset so that there are no complications in the future.

Avoid fault clauses

A fault clause is a clause where you give limitations to your spouse. For example, telling your spouse that he/she will pay you 1 million dollars in the event they cheat on you. Fault clauses are not only useless and give you a bad look in the eyes of your spouse, but they also don’t hold any water in court.

You should work with your family lawyer and come up with an agreement that is enforceable and gives you a clear picture of what you will get in the event the marriage ends.

Don’t give pressure to your spouse

Divorce attorneys recommend that you draft the agreements as early as possible before the marriage as possible. This will give you time to talk about the agreement and fix any issues that might be present.

If you ask your partner to sign the agreement a few days before the marriage, he/she can site coercion and undue pressure which compromises the enforceability of the agreement.

You should work with your divorce attorney who will help with the drafting and reviewing prenuptial agreements and ensure that you have the documents signed not later than 30 days before your wedding.

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Divorce Lawyer: Tips To Consider When Going Through Divorce

divorce lawyer

If you can no longer stand your partner, there is no reason to stay in a marriage that you don’t enjoy. The best way out is to file for a divorce. Here are golden divorce tips that will be of value to you as given by divorce lawyer:

Go the peaceful way

You have two options when you are going through a divorce: have a peaceful or confrontational process. The peaceful way is where you have a sitting with your partner in the presence of a mediator. The mediator can be anyone but its recommend that he/she be a child custody attorney or any other professional.

You should discuss everything that pertains to divorce. You should discuss how you will separate your property, who will have custody of the children, how much each of you will contribute towards child support, and any other details that might come up.

Get organized

There is no way that you can continue living the life that you used to live before divorce—you need to get organized. This is because the decision that you make when going through the divorce will not only affect you, but also the children.

You need to collect your recent federal and state tax returns, pay stubs, bank accounts, brokerage accounts statements, insurance policies, retirement accounts, car loan statements, mortgage statements, and any other documents that you might need in the process.

For you to have an easy time in the process, it’s recommended that you hire a divorce attorney who will give you professional advice on how to go about the divorce process. As rule of thumb, ensure that the professional is highly experienced. He/she should also be certified to work in your local area.

Maintain your integrity

Divorce is a highly emotional time and its common to feel as if your partner is the worst person in the world. Due to the feelings, you might want to punish them. You might be tempted to badmouth them, hide some of the property that you don’t want to share, or even try to hire goons to beat them up.

You should note that if the court realizes that you don’t have integrity, you might be in trouble. You should maintain your cool and give the feelings time and in no time they will fade.

Conclusion

These are some of the divorce tips that will be of value to you. For you to have an easy time going through the process, you should work with a reputable family lawyer who will not only advise you on what to do, but also represent you in court in the event you drag each other there.

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Divorce Lawyer: Pros And Cons Of Prenuptial Agreements

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When you are getting married, it’s always recommended that you have a prenuptial agreement in place. All you need to do is to hire a divorce lawyer who will help you with the drafting and reviewing of the document.

When you are putting together the document, one of the things you should know is that just like everything else in the world, it comes with its pros and cons:

Pros of having a prenuptial agreement

You separate your property: When you are drafting the document, you should put together the property that you are willing to share, what you obtained before the marriage, and what you aren’t ready to part with. Since you are able to separate your property, you have an easy time telling what belongs to who.

You avoid problems in the event of divorce: It’s estimated that up to 50% of couples divorce. If you have a lot of property, you might face plenty of challenges as you fight over who gets what. With the prenuptial agreement in place, you don’t fight as you have stipulated everything in the document.

Reduce the cost of divorce: If you have gone through a divorce you understand how costly it can get. This is because many people tend to try to revenge on each other. The situation is worse if the couples had a lot of property and they are undergoing a high asset divorce.

Since you have the prenuptial agreement in place, you have an easy time sharing your property thus your divorce is complete within just a short time.

Cons of a prenup

While the prenup comes with plenty of benefits, it also has its ugly side. Some of the cons of drafting the document include:

Creates trust issues: Have you ever been asked to sign a prenup? I bet you felt that your partner didn’t trust you, right? This is how most people feel. While you might be having good intentions, your partner might pick it up the wrong way which compromises your relationship.

It can get complex: This is usually the case when you have a lot of property and details that you need to include. In such a scenario, you should hire a family attorney to help you with the drafting and compiling of the list.

Conclusion

These are some of the pros and cons of a prenuptial agreement. For you to have an easy time putting the document in place, you should work with a reputable family lawyer.

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Child Support Lawyer: What You Need To Know About Child Support

child support lawyer

When you divorce and you have kids, there is always the issue of child support. If this is the first time that you are going through a divorce, here are some of the things you should know about child support as given by child support lawyer:

The court considers many factors

For the court to arrive at an amount that you should pay every month for child support, it considers a number of factors. One of the factors is the number of children that you have. If you have many children, the amount that you have to pay will be small compared to when you have one or two children.

The court also considers the amount of money that you make every month. The higher the amount, the more you will be required to pay. Your child support obligation is based on your gross income which includes tips, wages, and rental income. The court doesn’t consider the government benefits such as supplemental security insurance and other things.

The amount isn’t set in stone

When the court makes a ruling that you need to pay a certain amount, it doesn’t mean that you have to pay the amount all the time. You can work with your divorce lawyer and reduce the amount. For example, when you lose a job, the business isn’t doing well, or you are facing a financial difficulty, you can always go back to the court and ask the court to reduce the amount.

You can also reduce the amount by increasing your parenting time. For example, if you provide housing, clothing, food, and other necessities on an increased basis, you can greatly reduce the amount of money you pay every month. You only need to provide proof to the court.

Just as the amount can decrease, it can also increase. For example, your ex can petition the court to increase the amount when your income increases.

Failure to pay child support can be disastrous

Once the court makes a ruling that you need to pay a certain amount of money, you should follow through and pay it as you risk facing a lot of penalties if you fail to do it.

The consequences of failing to pay child support include: suspension of driving privileges, wage garnishment, interception of lottery winnings, cancellation of passport, deductions from tax refunds, suspension of fishing license, and many others

If you feel that the amount set by the court is too high and you can’t pay, you should work with your family lawyer and present a petition instead of failing to pay altogether.

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