Child Custody Lawyer: Things That Can Jeopardize Your Child Custody Case

child custody lawyer

When you divorce with your spouse, the last thing you want is keeping on meeting them. To cut all the communications with their former spouses, most people, work with their child custody attorney and try to get sole custody of their children. While some of them are successful, some fail due to many reasons.

Things can get you denied child custody

Your previous records: Have you ever been arrested before due to a simple thing such as DUI? Your former spouse can present it in court and use it to get your denied child custody. Your spouse together with his/her lawyer can use the arrest records to show that you are an irresponsible parent and you can’t be trusted.

Disobedience of temporary custody orders: Before the court gives issues a court order on who should have custody of the children, it often gives a temporary custody order. The court can order that both parents have custody of the children or give custody to one parent.

If the court has ruled that you share responsibility and you disobey the orders, you can be denied child custody. Most people make the mistake of returning the child out of the specified time. The parents with the custody of the child also move out without notifying the court, which is wrong.

If you do any of this, your former spouse, together with his/her divorce lawyer can use your record to show that you don’t respect the court order which will have a negative impact on your side.

Refusing to co-parent: As mentioned, above, when most people go to court, they want to be given sole custody of their children. For the betterment of the children, most courts are on the opinion that the parent should undertake co-parenting. This is where the parents share custody. If you insist that you don’t want co-parenting, the court can deny your application.

Tips on how to have a successful child custody case

The first thing you should do is to arm yourself with an experienced family lawyer. This is a professional who will guide you in your divorce journey. The professional will also bring you and your former spouse into agreement so that you avoid airing your dirty linen in public.

If you find yourself in court, you should honor all the court orders regardless of how minor they are. If the court orders you to have access to your child for only two hours a day, do so.

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Divorce Lawyer: Tips To Consider When Going Through Divorce

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Divorce is an emotional affair, and you need to be cautious when going through it. Due to the emotions involved in it, many people make plenty of mistakes that tend to jeopardize the process. To be on the safe side, you should consider a number of tips when going through the process.

Tips to consider when going through divorce

Have a lawyer: One of the things you should do is to hire a divorce lawyer. This is a professional who will provide you with the guidance you need to go through the process. The professional will also act as a mediator between you and your former spouse. To save money, it’s recommended that you solve the divorce issue without going to the courts.

If you are still on talking terms with your former spouse, the lawyer will mediate the talks so that the divorce process can be flawless. In the event you have no way out other than to drag each other to court, the professional will represent you there.

Avoid hiding property: If you have gone through the divorce before, you know that you have to split the things that you obtained together during your marriage. To avoid sharing the property, some people try hiding them. This is wrong.

While you might get away with it, you will be in for a lot of trouble when the court knows about it. When the court knows that you are lying, your integrity will be jeopardized which will see you being on the wrong side of the law. To be on the safe side, put everything on the table.

Put your emotions in check: As mentioned, divorce is a highly emotional affair, and this can see you doing things that you never imagined you can do. For example, you can call your former spouse bad names. You can also try hurting her/him. If you are still emotional about the break, you will be better off hiring a family lawyer to represent you in all the discussions with your former spouse.

Leave the kids out of it: If you have kids, you should avoid dragging them into the mess. If they are big, you can tell them what is happening, but if small, you should leave them out of it. While you should strive to keep them out of it, you should provide for their upkeep. This calls for you and your child support lawyer to come up with an amount that will keep the kids comfortable.

Conclusion

These are the tips you should put into place when you are going through the divorce. Avoid doing the wrong things, and you will have a smooth divorce process.

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High Asset Divorce Tips

Everyone wants to be rich. Unfortunately, studies show that many people in high asset marriages have a high divorce rate. It’s unknown why, but it’s predicted that it’s because people want to benefit from the tremendous assets. To have an easy time when going through a high asset divorce here are some of the tips that you should put into consideration:

Consider the liquidity of the assets

The liquidity is the ability of quickly converting the asset to cash. It’s common for people to share the assets when they are parting ways. While two assets might be having the same value on paper, they might not have the same liquidity. For example, you can easily convert stock shares to cash, but it’s impossible to do it with collectible materials and even real estates. For the better future of both of you, you should share both the liquid and non-liquid assets equally.

Consider the taxes

In addition to the liquidity of the assets, you also need to consider the taxes on the assets that you are sharing. Just like liquidity, two asset pieces of the same value might not have the same taxes. For example, a piece that you bought recently for $10,000 might have the same value with another than you bought several years ago at a cheaper price, but has appreciated over the years.

The piece that you recently bought will have a lower tax compared to the one that has over the years appreciated in value. Before you complete the divorce process, sit down with your former spouse and divorce lawyer and carefully evaluate the taxes imposed on the assets.

Put everything on the table

To avoid sharing, some people hide some of their assets. They do so by having hidden credit cards, secret accounts, and transferring their assets and money to friends and relatives. While some of the people get away with it, it can sometimes backfire putting you in a lot of problems. You should note that when you try to cheat the court and realizes it, it will deem you insincere thus everything you say won’t be believed in court.

Conclusion

These are some of the things you should know when you are going through a divorce with a lot of assets. When going through the process, you should have a budget in place. The money will cater for the family lawyer, transport expenses and many other things.

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Divorce Lawyer: Things To Avoid For A Faster Divorce

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Studies show that over 50% of marriages end up in divorce. If your marriage ends up this way, you should contact your divorce lawyer and complete the process as soon as possible so that you can do away with the stress that the process comes with. To fasten the process, you should avoid doing things that might jeopardize it. Some of the things you should avoid doing include:

Going at it alone

You might have the impression that since you have known your spouse for a long time, you will have an easy time solving your issues. Unfortunately, things don’t always go as planned. In fact, your former spouse might make the life too complicated that you don’t make any progress. Since divorce is a highly emotional activity, you might find yourself fighting.

To avoid this, you should arm yourself with a family lawyer. The lawyer will represent you all the time thus minimizing the time that you have to meet your ex. In fact, the lawyers can come together and make a ruling without both of you being present. To make the process easy, you should hire an experienced professional. In addition to the professional representing you, he/she will also provide you with advice.

Dragging each other in court

This is another mistake that you should avoid making for you to hasten the divorce process. You should drag each other to court only after both of you fail to reach an agreement. Just like any other court case, when you drag each other to court, you risk wasting a lot of time there. You also risk spending a lot of unnecessary money. To hasten the process, have a sitting with your spouse and lawyer and agree on the child custody, support, division of property and any other issue in your marriage. Don’t air your dirty linens in court.

Lying

Humans love lying, but you shouldn’t do it when you are going through a divorce. Many spouses like to lie about the property they have, how much they earn, among many other things. While you might lie and get away with it, you risk a lot in the event the court identifies that you are lying.

Remember that when you lie, and the court knows about it, your reputation is significantly reduced and there is nothing that you will say in court that will be believed. To be on the safe side, always tell the truth. You will be better off arguing with your child support lawyer on the amount of money that you are capable of paying as support than lying on the among that you make.

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4 Mistakes to Avoid When Drafting And Reviewing Prenuptial Agreements

prenuptial agreements

Prenuptial agreement, commonly known as Prenup, is a contract between two people before they marry. It is a legal proceeding taken by couples with the aim of securing their properties before they are married.

The prenup describes the right of each partner should there be a divorce. Prenup addresses issues to do with properties brought in by each person before marriage, properties acquired during the marriage, debts from each partner, money and children inheritance after divorce.

Many people make avoidable mistakes when drafting and reviewing prenuptial agreements which come to haunt them later. Here are 4-Mistakes to Avoid When Drafting a Prenup each individual should know.

Honesty

A great mistake to avoid when drafting a prenup is being dishonest with your assets and money. This can cause grave consequences to both partners during divorce and can undermine the purpose of the prenup to fairly settle a divorce.

Be open, do not hide your thoughts, feeling, and assets at that time. A prenup is drafted before marriage and cannot be tampered with once it is made, it is therefore important, to be honest with yourself at that juncture.

Hiring an attorney

Do not make a mistake of drafting a prenup without having a divorce lawyer to represent you. Remember this is a contract between two people and so each person should be represented by their attorney. Do not commit or sign any document without being legally represented by your lawyer. People make a mistake of using one attorney which may cause a conflict of interest.

Understanding the law

You do not want to make a mistake of drafting a prenup without knowing the law behind it. This will allow you to be aware of your rights at that time. Ignorance is no defense, so they say, to avoid getting disappointed and frustrated later in life, it is important to understand legal consequences of your action.

Failure to attend counseling

It is advisable to visit a counselor before drafting a prenup. Some people get depressed and frustrated during this moment because unfortunately, prenup implies that marriage is not durable which can cause depression to one or both partners and can even lead to early divorce. Counseling helps to make both parties understand the need of prenup without feeling like they are disadvantaged.

Conclusion

Although Prenup can be negatively perceived, it is an important document to have in marriage as it prevents conflicts and resentments during divorce. It ensures a fair distribution of properties in marriage. If you have property to protect, ask a family lawyer to help you with the drafting of the document.

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Child Support Lawyer: Understanding Child Support After Divorce 

child custody lawyer

Divorce is a difficult thing to go through, for both parties involved. But it’s especially hard for children of broken families, which is why understanding child support is so important. This article will help you go about the process.

When to Apply for Child Support

It is recommended that parents apply for child support as early on as possible. Parents can apply for child support either after their separation or during their divorce proceedings. All you need to do is hire a child support lawyer to help you with the application. They can apply for custody and child support at the same time, or even after the divorce is final.

Child support payments

The parent who has custody of the child is due to receive continuous child support from their spouse, and they may continue to receive this child support even if they remarry. A biological father must legally support his child financially even if he isn’t married to the child’s mother, or even if he never had a relationship with her. His denial of being the biological father gives the mother the right to demand the court to ask him for a paternity test.

A support agreement is needed to pay child support. This can either be created by the parents themselves, using the Child Support Guidelines, and have a divorce lawyer sign and put everything in writing, or they can go to a mediator and get the support agreement arranged.

When to Stop Paying Child Support

A parent will legally cease to be obligated to pay child support when the child turns eighteen years of age and is no longer a dependent, or if the child seeks emancipation after the age of sixteen years. You should note that you can sometimes be required to pay for an extended period especially if your kids have to go to college and they can’t support themselves.

Conclusion

Remember that divorce is a long, drawn-out process that requires Careful thought and consideration. If you have children and are getting divorced, consider sitting down with your partner to discuss all your child support and custody options before going to court.

To make the process easy and avoid airing your dirty linens in public, have the divorce negotiations with your former spouse. You should hire a family lawyer to act as a witness. It’s only after you have failed to agree should you now go to court.

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Alimony Attorneys: What You Need To Know About Alimony

alimony attorneys

Alimony refers to the payments made to a spouse, mostly the woman, upon separation or divorce on a court’s order by the judge. To have an easy time when going through a divorce, you should arm yourself with a divorce lawyer who will guide you through the process.

Types of alimony

Temporary alimony: Its support ordered if the parties separate before divorce.

Rehabilitative alimony: The lesser-earning spouse is given support for a period of time until he or she becomes self – sufficient with a stable job.

Permanent alimony: Its support paid to the lesser earning spouse for life, or until the remarriage of the recipient.

Reimbursement alimony: This support is given to compensate for the expenses the spouse incurred during the marriage and their contribution towards the spouse’s developments while still married.

Amount given after divorce

The amount you get after divorce depends on some factors. To get what you deserve, it’s wise that you have experienced alimony attorneys by your side. The amount and period of the maintenance depend on these factors:

  1. Marriage length: The longer the marriage lasted, the longer the alimony will be paid. Marriages of over 10 years mean the spouse is entitled to permanent alimony.
  2. The Age of the spouses during divorce: The younger the spouse, the shorter the term of the maintenance because it’s assumed the spouse will move on and remarry at some point in future.
  3. The potential financial prospect of the spouse: A spouse with high potentials of becoming wealthy in future is obliged to pay more to his spouse.

Other factors that can lead to a spouse getting higher alimony include poor health.

However, if the spouse engaged in an affair resulting in a divorce, in most states, he or she isn’t entitled to alimony.

Conclusion

When filing for alimony, it is key that you keep tabs of your expenditure. Have your billing statements in order, the shopping receipts, the bank accounts for educational investment for your children and any other expenses you incurred during the marriage, including the household expenses.

Remember, in all this, in case children are in the picture put most of the alimony into a savings account for future prospects.  If you are the kid’s custodian, have a child support lawyer help you get enough amount to comfortably take of the children. You should also use the alimony for a good course such as investments.

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Divorce Lawyer: What You Need To Know About The Prenup

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Signing a prenuptial agreement before getting married is a crucial decision that always comes up with major legal considerations. It only focuses on matters that would only come up during divorce. Such agreements can protect your personal assets in case of a divorce.

Things to include in the document

To have an easy time signing the document, it’s always wise that you do it under the guidance of an experienced divorce lawyer. When drafting the document, you need to include some things that include:
Child support: Although some couples include child support details in their prenuptial agreement, the truth is, the agreement should not have stipulations about child custody or caring of the children. When it comes to matters of the child, the court usually deems this as not enforceable, and it would take it upon itself to determine the child’s future.

If child support details are included and are not valid or unworthy, the court would very likely cancel the entire document. To avoid this, enter the child support details and let a reputable child support lawyer go through it.

Debts and Assets: To make sure that the marital property is safe, you should always specify on who is going to be paying particular debts. Failure to this, the lenders may end up taking away some of the marital property if one of you does not pay up.
When it comes to the assets, the agreement should explicitly specify on who is getting what. Some spouses would like to retain some of the family inheritance, and if it is not declared, one may end up sharing it or losing it altogether.
Promises: At the height of love, it’s common for couples to make promises to each other. When it happens that you promise anything to your partner, and you put it in the prenuptial agreement, you should make sure that you are able to follow it through. For instance, if you promise to buy her a car after the termination of the agreement, you should live up to the task. If not, the court may invalidate the agreement as they would term such acts as a fraud.

Things to note when drafting a prenup

Ambiguous language: When writing prenuptial agreements, the language used should be unequivocal and straight to the point. As rule of thumb avoid any language that is confusing.
Having an attorney: It is always advisable to have a family lawyer go through the agreement before signing it. Most couples sign the document with the assumption that everything is going to be fine. Having a lawyer, in fact, separate lawyers, will make sure that both of you are aware of all the provisions and requirements of the agreement and that you are doing it willingly.

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Military Divorce Lawyer: Understanding Military Divorce

Military Divorce Lawyer

If you know almost nothing about military divorce, this is an opportunity for you to explore this unknown world. Being military changes the process of divorce, concerning the procedures, there is no big difference, but the nature of the work imposes a number of constraints:

For example, if one of the spouses is abroad for a mission, divorce proceedings slow down a little, and in extreme cases, the duration may be significant. To have an easy time with the procedure, arm yourself with a military divorce lawyer who will guide you through the process.

The Uniform Service Veterans’ Protection Act “(USFSPA)

The conduct of the divorce is governed by the Uniform Service Veterans’ Protection Act “(USFSPA).

This law authorizes the person who begins the first divorce proceedings to apply his claim provided he is a resident in that country.

But if one of the spouses is a military official, he has several privileges under the Act: First, only the countries that represent the official residence of the army agent have the right to complete the Divorce to the end, among other things the division of the pension and the expenses related to the divorce.

The “Servicemembers Civil Relief Act” (SCRA)

In some cases, the separation operation does not resemble that envisaged in the case where the two spouses are outside the military, because if one or both of them are in active service, the SCRA law comes to treat this special case.

In the normal case, one of the couple files a divorce application after which the other member is called to formally respond to this request. This is the SCRA Act, which authorizes the extension of the estimated response time of 90 days, renewable several times.

But do not worry, it will not last long, it will come one day when the two members find a solution: either the divorce or the cancellation of the whole operation. To understand the process better, have the guidance of an experienced divorce lawyer.

Children in a military divorce

Even if you are parting ways, you have to support your children. The court takes into consideration several factors before deciding the amount of money allocated to the children of a divorced couple. Once fixed, the amount is invariable unless there is an urgent need for a new hearing and the court may, therefore, change the value of Support for children.

You should note that your spouse might want you to pay more than you can. To prevent this from happening you should have an experienced child support lawyer by your side.

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Tips To Consider When Hiring A Family Lawyer

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When hiring a family lawyer, it is important that you hire a specialist who can handle the actual cases and not someone who only knows how to file documents and affidavits in court. An experienced lawyer will know a lot of people in courts that could also include the judge presiding over your case.

This can mean the difference between you winning or losing the case. When you are looking for a lawyer for your case, there are a number of tips you need to put into consideration. Some of these tips include:

Hire a local attorney

It is imperative to get a local lawyer to fight your case. Someone who knows the town and its people well. A specialist will know the everyone on the court, so when it comes to fighting your case, they can customize the presentation of the case to fit the eccentricities of the presiding judge and make sure you get a positive outcome to your case.

Go for an experienced professional

To increase your chances of winning your case go for an experienced professional. While every case has its own nuances, a specialist would have handled many cases of similar nature and know what the next steps are instead of groping in the dark.

During a hearing they will know the best approach, what to lead with, the questions they must ask and how to present a winning case. Previous experience in similar cases would have also made them wiser, and they can anticipate the next steps of your opposition as well.

In addition to the experienced divorce lawyer handling the case expertly, he/she will also help you in keeping your emotions in check. Emotion runs high in court cases that involve family matters.

The right lawyer will not let emotions run sound judgment and can be a pillar of support to you and your family in times of tremendous stress. Expert lawyers in the family matter will respect that there is nothing more important than family and work in a dedicated manner to deliver the best results to you.

Avoid a cheap lawyer

Whether going through a small or high-asset divorce, you should hire the best lawyer you can afford. Specialist lawyers will have great networks and vast resources at their disposal that they can mobilize to help you win the case. As rule of thumb avoid a cheap lawyer as he/she will most likely be inexperienced thus not give you the service you deserve.

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