Spousal Support Lawyer: Everything You Need To Know About Spousal Support

spousal support lawyer

When you are going through divorce, you have to give your partner spousal support. if you the low earning partner, you will receive the support. If this is the first time you are going through divorce you need to hire a spousal support lawyer to guide you through the process. In addition to hiring a lawyer, you need to know about many other things related to spousal support. These things include:

There are many types of spousal support

You have three options of spousal support: rehabilitative, lump-sum and permanent. You will be given rehabilitative spousal support for a given period. During this time you should get a job, learn a skill, or go back to school. Most of the rehabilitative spousal supports have a specified duration but you can always review them at the end of the set period. This is if you aren’t self reliant by the time the period is over. For the adjustment to be effected, you should show effort in becoming independent.

Lump-sum alimony is often given in lieu of property settlement. The court will give you a fixed amount regardless of your situation. The cool thing with this type of alimony is that you receive it as a lump-sum thus you can invest it in any area of your interest.

Finally, permanent alimony is paid permanently. You will receive the alimony regardless of whether you remarry or the payor dies. While it’s meant to be permanent, you can always adjust it depending on the situation that you or your former partner is going through.

You can increase or decrease spousal support

If you are the one receiving the alimony, you can always increase it if you are in a situation where you need more money. All you need to do is work with your divorce lawyer and present the issue in court. You can request an upward adjustment of the alimony if your expenses have increased. You should note that your former spouse should afford the amount that you are asking for.

Just as you can increase alimony, you can also request the court to review it downward. This is after you have got a better job or your business is doing better. You can also request a reduction if your ex is sick or has lost job or demoted.

Conclusion

This is everything you need to know about spousal support. When looking to increase or reduce it, work with reputable alimony attorneys who will not only represent you in court, but also provide you with professional legal advice.

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Tips On How To Go Through A High-Asset Divorce

high asset divorce

Many marriages that don’t function suffer the damaging blow of divorce. Whether you think of it as a blessing or curse, you have to agree that it creates a hole in your pocket. Before you run into it as the only option to escape your nagging wife or a cheating husband, consider your present status.
If you share assets and want to divorce, you will have to equally split them. This is what high-asset divorce is all about. If you try solving it alone, you will both disagree, and things will be worse. Okay, so you want to undergo this type of divorce. What do you do? The following are simple, practical steps on how to go about the whole process:

1. Find a divorce lawyer to assist you

Having a divorce lawyer will enable you to be aware of all the assets and what belongs to you if there are many assets of different kinds. Your own counsel who has a history of your family is best placed to handle it. You can still hire the services of one. They will advise you on how it should be done. Don’t be so naive so as to let your spouse trick you, make use of the law to get what’s rightfully yours.

2. Make a list of all your property

It doesn’t have to be houses, cars, or property alone. Jewelry and others that aren’t typically considered count as well. Next, find out if they are personal property, communal or marital. Note that if your spouse inherited or owned assets before the marriage, they get to keep them after.

3. Maintain a hush-hush as the proceeding goes on

You may not want your information exposed to the nosy public. You have the option of requesting the court to grant this. Some of them seal important documents such that it’s only you, your spouse and the court itself that are aware of the proceedings. Keep it that way for your own good. Remember you have tremendous assets, a target to many.

Conclusion

These are the tips to consider when you are going through a high-value asset. As mentioned above, the type of divorce you are going through is a target to many; therefore, you should be cautious when going through it. To have an easy time, work with a reputable family lawyer who is experienced in these types of cases.

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Facts About Legal Separation Agreements

 

A legal separation agreement is a legally binding contract which sets out the individual party’s rights and responsibilities regarding their assets, debts, and children. Under normal circumstances, a separation agreement does not actually mean that the separated couples must stay apart physically.

They may continue living in the same area or even under the same roof. The only difference is that each individual will have their own responsibilities which they do at different times to avoid meeting each other. Usually, legal separation agreements are confused for divorce. to shed some light, here are facts about the agreements that you should know about.

Mediation

In separation agreements, mediation is not about marriage counseling. Instead, it is to help couples who have decided to separate, resolve any disputes they may have concerning maintenance and property rights, custody, and access to children. It is important to seek legal and financial advice before attending mediation so that you are wary of your rights. The advice will also help you make informed decisions.

Collaborative practice

Normally, you will work with collaborative lawyers throughout the separation agreement. But when it comes to resolving your issues about property and children in court, they should not meddle. As a result, you and your partner must sign agreement disqualifying your collaborative lawyers. Even if things get out of hand, you divorce lawyer should not act for you in any contested court proceeding.

Deed of separation

This is the final drawn document after you have reached an agreement. It clearly outlines all the terms and conditions of the separation. Some of the things entailed in the agreement include:

  • Indemnity from the debts of the other spouse
  • Taxation
  • An agreement to live apart
  • Succession rights
  • Agreed arrangements in relation to custody and access to children
  • The occupation and ownership of the family home and any other shared property

Separation agreements and divorce proceedings

Having a legal separation agreement does not bar one from proceeding to divorce. Divorce and separation agreement are different in the sense that the former is permanent separation while the latter can be temporary. Usually, the separation agreement comes before divorce proceeding for convenience when it comes to children custody and property distribution and maintenance.

Conclusion

If you decide to separate with your partner and you don’t want to continue with the divorce immediately, it is crucial to have a separation agreement in place to protect yourself. To have an easy time going about the issue, you should arm yourself with an experienced family lawyer.

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Spousal Support Lawyer: 4 Mistakes To Avoid When Seeking Spousal Support

Spousal support refers to a regular sum of money paid to one spouse as part of a post-divorce arrangement. It may also be referred to as alimony, and from time immemorial, this has been a bone of contention, and despite the fact that the law is quite clear on how the matter should be dispensed with, there are numerous pitfalls that the couples still do find themselves in. To help you out, here are 4 common mistakes to avoid when seeking spousal support.

Choosing the Wrong Attorney

In the height of divorce, the emotions that fill our hearts may be so strong as to blind us when choosing the correct attorney. It is general knowledge that despite how qualified a divorce attorney is, you only stand better chances with alimony if the attorney is specifically trained in the area of divorce. Therefore, do not let your emotions get the better of you and instead settle with a divorce lawyer who is duly trained, certified and experienced in this line of work.

Being Oblivious of Your Rights

The first mistake to avoid when seeking spousal support is not knowing your rights, and as the saying goes, ignorance is no defense. The first thing you need to know is that each state has its specific regulations on the amount of spousal support you are entitled to. This value may also be determined by the divorce decree or agreement. Therefore, know exactly what you are entitled to and at all costs, do not waive it to the next party as history has it that you may just regret doing so. If you are not sure of your rights, ask your spousal support lawyer for advice.

Thinking of the Support as a Primary Income Source

Many couples have been duped into thinking they just won another income stream which is usually not the case. As such, these couples either keep their homes as they are or even acquire greater responsibilities hoping the alimony would cater for all their expenses. However, legal experts advise that it is better to sell your original home and share the profits and then move to a smaller home. In real estate terms, this is referred to as downsizing, and it is crucial to helping a spouse plan for the alimony better.

Depending on a Mediator

Divorce is an emotional affair, and many spouses tend to consult a mediator in the event, preceding the competent hands of divorce attorneys. In rare occasions, the mediators may help you reach a common ground, but it is their very inexperienced in legal matters that makes them the less preferred choice. Instead, go for a family attorney who understands the dynamics of the law to increase your chances of getting awarded the spousal support.

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Divorce Lawyer: What You Need To Know About Prenuptial Agreements

divorce lawyer

To protect your property, you should draft a prenuptial agreement. If you have never written the document before, you should hire a divorce lawyer to guide you through the process.

Other beneficial tips

In addition to hiring a lawyer, you also need to consider a number of other tips for the process to be a success. Some of these tips include:

Communicate with your partner: To avoid making your partner feel as if he/she is being left out, you should have a thorough discussion with him/her before you have a meeting with your lawyer. You should discuss what you want, what you want to protect, and how you feel the agreement will affect both of you.

Don’t put it off: It’s common for people to feel that a relationship will last forever while the love or marriage is in the early stages thus they put off signing the agreement. This shouldn’t be you. Remember that you can disagree anytime with your partner and start the divorce process. To avoid complications and ensure that you are safe, you should have a sitting with your attorney and partner at least six months before you tie the knot.

Hire the right attorney: The family lawyer is of great value in the drafting and signing of the prenuptial agreement. To have an easy time, you should hire an experienced professional.

Prenup checklist

When you are putting together the agreement, you should ensure that you address all the sensitive areas. These areas include:

Assets and debts: Here you need to be open with your partner on the assets and debts that you have. You should agree how you will share them in the event of a divorce.

Administration of the assets and income: People fall into two broad categories: savers and spenders. If you have dated long enough thus know each other very well, you should reach an agreement on who, and how you will be administering your assets.

Spousal support: It’s always good to prepare for the worst in life. To avoid complications in the future, you should address the amount that both of you are willing to spend on spousal support. Your spousal support lawyer will come in handy in helping you settle at an amount that both of you are comfortable with.

Conclusion

This is what you need to know about the prenup. The document is not only important when you are projecting a high-asset divorce, but it’s also necessary for all types of divorces. All you need to do is ensure that you work with a reputable attorney.

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Child Custody Attorney: Child Custody Mistakes You Should Avoid Making

child custody attorney

When you are going through a divorce, children are often involved. Since every person wants to have custody of the children, the child custody case is usually emotional. Due to this, many couples fail agreeing with the divorce lawyer and drag each other to court. To increase your chances of winning the case, there are a number of mistakes you should avoid making. Some of these errors include:

Making assumptions

Many people make assumptions that the judge will make a ruling that favors them based on their gender, financial stability, and other surface-related factors. You should note that winning a child custody case isn’t a matter of assumptions—the judge makes the decisions based on the evidence presented to the court on how each parent is capable of providing the children with the best environment to grow in.

To increase your chances of winning the case, you should work with your child support lawyer and compile evidence that shows you will be a better parent. You can do this by presenting reports of how you have present for the children, you are earning more thus providing better for the children, and many others. If you are a lady, you shouldn’t think that the court will give you child custody as women are deemed to be better parents. Nowadays, most men are winning custody cases thus you should also work with your lawyer to win the case.

Talking bad about your spouse

If you frequent the divorce courts, you must have heard some mates talking evil of their former partners. You shouldn’t do this. Remember that the court wants the best for the children and would want both of the parents to be present for the children. When you talk bad of your spouse and show that you aren’t willing to work with her/him, the court is less likely to give you custody as it will feel that you won’t allow the other parent access to the children, which is unhealthy for the children.

It’s often said that you should keep your friends close, and your enemies closer. To increase your chances of getting the custody, you should show the will to work with your former spouse and bring up your children as regularly as possible.

Conclusion

These are the pitfalls you should avoid when facing a child custody case. To have an easy time, work with a reputable child custody attorney who will not only represent you in court, but also provide you with professional legal advice.

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3 Mistakes To Avoid When Going Through A High Asset Divorce

high asset divorce

For a person who has accumulated significant assets in the course of their marriage, and/or earns a higher wage than their spouse, divorce can be a costly affair. A high asset divorce could end with one person walking away with the majority of the assets and money. If you are facing a divorce, the following are some of the mistakes you ought to avoid.

Hiding Assets

When the court finds that you have hidden property or money, you lose your credibility. In Virginia, when you are caught misrepresenting your property disclosure, the court may punish you by awarding damages worth three times the value of the undisclosed amount.  To be on the safe side, you shouldn’t try to hide your assets even if when asked by your lawyer to do so.

Improperly Accounting For Your Assets and Liabilities

During divorce proceedings, you will be required to fill a financial affidavit and present certain financial documents. You need to consider this inventory seriously and make sure your records are accurate. Failing to compile this information properly may cause you to remain with liabilities that are not yours, or cause you to give up alimony or assets you are not obligated to provide.

Disregarding Expert Support

When dealing with a divorce involving a lot of assets, you need more than a family lawyer–you need a forensic evaluator. The role of the evaluator is to value your business and trace the assets that are to be categorized as separate property. During the divorce, the court presumes that all assets and money is marital and should be shared equally. However, assets that were in your possession before marriage or that you acquired as inheritance during your marriage, is considered separate property. If you do not utilize expert support to trace your wealth, all your property and money could be deemed as marital assets.

Conclusion

Divorces involving a lot of money are usually more complicated than they appear. It’s highly discouraged that you go at them alone as you will most likely make plenty of mistakes.  To be on the safe side you should hire a competent divorce lawyer who will not only represent you in court, but also advice you on what you should do and say in order to avoid losing plenty of money. The professional will also help you in putting together documents that show that you own property.

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Military Divorce Attorney: All There Is To Know About military Divorce

Military Divorce Attorney

If both or either of you is in the military the divorce process can be complicated. There are various rules such as how to determine child and spousal support, where to file for the divorce, the custody of children and issues on health insurance and pensions after the divorce that you need to consider. To have an easy time, it’s always recommended that you arm yourself with a military divorce attorney.

Slowing down the divorce process

When you are “served” divorce papers by your spouse’s lawyer, it is mandatory that you file a formal response within the stipulated time. The court will then plan the steps to take in the divorce – like formal hearings and mediation.

The federal law can alter the court time plan if one of the parties involved is on active duty. The SCRA (Servicemembers Civil Relief Act) permits you to request a “stay” if your duties cannot allow you to respond to the action of the court. The court grants at least 90 days of “stay”, but you cannot postpone the divorce forever.

Military lawyer

Each field of the army has attorneys who offer legal assistance. The professionals not only provide you with support, they also represent you during your divorce process.

These attorneys can:

  • Assess your legal documents.
  • Consult on your behalf
  • Draft letters for you

Military Pensions

Military divorce pension is complicated. To understand it you should get a family lawyer with expertise on separation of military pensions to assist you.

Several people believe that you can only get a military pension if you have been married for ten years and above, which is false. The court can give a spouse who is not in the military whatever amount they consider fair.

The “10-10 test” is a rule that prompts pension garnishment. The DFAS (Defense Finance and Accounting Service) divides the monthly pension and then send the right share to each of the ex-spouse.

“10-10,” says that you have been in the marriage for a minimum ten years while your military partner was on active duty. Even if the “10-10 test” is not met, the court still divides the pension and the spouse in the army is entitled to make payments each month to the ex-spouse.

Conclusion

When filing for a military divorce, you and your spouse should be knowledgeable on the legal issues involved. To avoid a lot of stress you should get a divorce lawyer who specializes in that field.

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Divorce Lawyer: Things You Should Know When Going Through Divorce

divorce lawyer

It’s estimated that 50% of marriages end up in divorce. If yours has hit a dead end you don’t have to force things to work out—you should go ahead and file for divorce. To have an easy time doing it, you should work closely with a reputable divorce lawyer. Before you go ahead with the process, there are a number of things you should know about divorce:

Divorce doesn’t have to be expensive

Most people go through expensive divorces but this doesn’t have to be the case with you. You can go through a cheap and less stressful divorce if you avoid going to court. If you ask the people that underwent expensive divorces, they will tell you that the prime reasons for the high costs are the court and lawyer fees. To revenge or make life difficult for the other partner, some divorcing partners opt to resolve their issues in court. In addition to this being embarrassing as you air your personal issues in public, it also tends to be expensive as you have to pay court fees every now and then. You also have to pay a divorce attorney to represent you.

To avoid this, you should have an agreement with your partner. If you are still in good talking terms with your former spouse you should have a sitting and agree on the different areas of your divorce such as separation of property, spousal, and child support. To make the agreement legal, you should hire a lawyer only once to sign it. By doing this you have a mature and less stressful divorce. You also save a lot of money and annoying trips to the court house.

Even if your spouse has refused to agree out of court, you can still keep your divorce costs low. You can easily do this by contacting your family lawyer only when it’s absolutely necessary. This can be during court appearances and when you are looking for expert advice. Since most of the lawyers charge by the hour, you save a lot of money as you pay only when necessary.

You have to pay spousal and child support

Unless you have agreed with your partner that none of you need the other party money, you will have to pay for spousal and child support. The amount that you pay depends on your financial muscle. To ensure that you pay a fair amount of money, you should get the advice of an experienced spousal or child support lawyer.

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Ways In Which You Can Help Your Divorce Lawyer Win Your Case

divorce lawyer

When you are going through a divorce, it’s always recommended that you arm yourself with a divorce lawyer to represent you in court and also advice you on what you should do in order to increase your chances of winning the case. What many people don’t know is that they should work at making the work easy for the lawyer. To help you out, here are some of the things you should do to help your lawyer win your case:

Tell the truth to your divorce attorney

We all have ghosts in the closets and they can haunt you. While this is the case, it doesn’t mean that you should lie to your lawyer. To protect your attorney from looking stupid, you should tell him all the details about the case especially the negative ones. If you were caught cheating, you should let the lawyer know about it. While the information you share might be negative and be used by the other party against you, telling your lawyer about it beforehand helps the attorney come up with an argument that waters down the facts.

Find witnesses

There is no one that knows yourself that you. Just like in any other court case, testimonies carry a lot of weight in a divorce case. If you know people that will give reliable testimonies about your case, you should reach out to them and request them to appear in court. The witnesses can be family members, neighbors, friends, or any other people that know you. To ensure that you are in the same line, it’s good to ask your family lawyer to listen to the witnesses before they appear in court. While it’s good to listen to the witnesses, it’s a crime to coach them on what to say before the judge.

Show up in court

While this might sound like common sense, you will be shocked by the number of people that fail showing up in court when they are supposed to. Although, your lawyer will be the one speaking most of the time, it’s good that you be present so that you can listen to the progress of the case and also make any clarifications that might be required by the court.

Conclusion

These are some of the ways in which you can make the life of your high-asset divorce lawyer or any other attorney easy. When hiring an attorney, ensure that you go with the most experienced. While he/she will be expensive, the extra cost will be totally worth it.

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