All About The Divorce Lawyer

divorce lawyer

A divorce lawyer is a legal professional who specializes in issues concerning divorce, annulment, and dissolution of marriage. Most of the divorce lawyers are family law experts that focus on different issues associated with family and marriage. The legal expert you hire should provide you with excellent advice relating to the divorce proceedings and any other matters that might arise later.

Why you need a divorce lawyer

When you are going through a divorce, there are plenty of reasons why you should hire a legal expert. The professional you hire will come in handy in helping you with the divorce negotiations regarding property and other assets. The professional will ensure that your property is equally divided and everyone is happy. The lawyer will represent you in court in the event you drag each other there. During the divorce process, it’s common for alimony and child custody to be a huge issue. The child custody lawyer will help you to easily solve the issue.

Tips for a good divorce lawyer

To have an easy time in your divorce you should hire the right divorce law expert. When hiring the professional, you should consider a number of tips:

Area of specialisation: Make sure your lawyer has several years of experience in divorce law. You should note that divorce laws tend to favor women slightly. As a man, you should work with a professional who will be able to give you a fair judgment despite the preference for women.

Attorneys that can settle: Money and time are saved in a divorce case when both parties agree on an issue. While many divorces are bitter and often end up in court, you can save the cost by hiring an attorney who is experienced in convincing the other parties to settle. When you settle, you eliminate the stressful and time-consuming court battles. You also save a lot of money that you would have spent during the process.

Personality: It’s good to pay a lot of attention on the qualifications of a lawyer as an experienced and knowledgeable lawyer increases your chances of winning your case. In addition to qualifications, also pay attention to the lawyer’s personality. The professional you hire should be warm and easy to talk to in order to have a great time together.

Conclusion

Divorce is stressful but with the right family lawyer by your side you will have a great time. To find the right professional you need to take your time and research.

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Alimony Attorneys: Putting A Lens On The Alimony Process

Alimony Attorneys

Spousal Support or alimony is the amount of money that one spouse is supposed to give the other spouse who is in an inferior financial position. The payments are court-ordered and they continue until the other party finds a stable job to support their household. Alimony can also end when your ex-spouse remarries. The spousal support process can sometimes get muddy.  To have an easy time you should arm yourself with a spousal support lawyer who will not only be your partner but also a guide through the process.

Process of spousal support

Once you are through with the divorce, your lawyers should sit down and discuss alimony. They should discuss the amount that the high earning spouse should pay, the length of support, the method through which the amount will be collected and the situations that will bring alimony to an end. Experts recommend that you avoid court battles and only consider them if you have failed to agree. When you drag each other to court, the judge will consider plenty of factors when deciding what you or your spouse should get.

The legal expert will assess the duration of the marriage and the assets that you acquired during this period. Both of your financial assets are evaluated and if proper assessments of the assets points towards the fact that one of the parties may be unable to support the same post-divorce lifestyle and the marriage lasted for a longer time then the alimony would be long-term. On the other hand, it is completely the other way around if the marriage lasted only for a brief period of time.

You should note that when spousal support proceedings are underway, all assets inclusive of estate and your liquid assets are at major risk; therefore, a divorce lawyer should be by your side to help you protect your investments. The lawyer that you hire has a great impact on your success through the process. To be on the safe side hire a reputable professional. You should avoid an extremely expensive legal expert. At the same time, you should avoid a lawyer who is too cheap as he/she will most likely give you poor services.

Conclusion

There are plenty of alimony attorneys that you can reach out to, to help you through the alimony process. Hire an experienced professional who will help you solve the issue out of court thus saving you plenty of time and money.

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Spousal Support Lawyer: Ways Of Lowering Your Alimony Payment

Spousal Support lawyer

When you divorce with your spouse and you are the higher earning partner you have to pay alimony to your lower earning partner. When you are discussing spousal support, it’s always recommended that you arm yourself with a spousal support lawyer who will support and guide you through the process. Most divorce decrees allow you to reduce the alimony payments when necessary. If you feel that you should reduce your alimony payments there are two main ways in which you can do it: talk to your ex-spouse and get a court order.

Talking to your ex-spouse about reducing your alimony payments

If you are still in good talking terms with your former spouse you should schedule a meeting with her/him and discuss reducing the amount that you should pay. When looking to lower the alimony amount you should have good reasons as to why you are doing it. This could be due to an illness or disability that is preventing you from working as much as you used before. Your ex-spouse may also have got a promotion thus isn’t as dependent on the alimony amount as before.  If the argument that you are putting across is sensible, most spouses will be more than ready to reduce the alimony amount.

You should note that even after you have agreed with your former spouse you still have to get your agreement approved by a judge for it to be recognized as legal. This calls for you to draft a motion, sign it and present it to the judge.

Reducing the alimony payments by court order

Sometimes your ex-spouse may refuse to lower the alimony payments despite you having legitimate reasons as to why you should do it. In such a case, you should hire a divorce lawyer to help you with the drafting and reviewing of the motion. To increase your chances of the judge accepting your motion you should gather all of your evidence. This calls for you to put together the documents that show that you are ill or aren’t making as much money as before. You should also have documents that show that your ex-spouse has got a promotion thus earning more than before.

When making the argument that your former partner is earning more it’s good to note that courts tend to look at your ability to pay the alimony in comparison to the needs of your ex-spouse; therefore, chances are that the judge will most likely disapprove your motion.

Conclusion

If you feel that you should pay lower alimony amount you should go ahead and start the process. To have an easy ride you should arm yourself with an experienced family lawyer.

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Divorce Lawyer: Taking A Look At The Dos And Don’ts Of Prenups

Divorce lawyer

The prenup protects your property especially if your assets aren’t evenly distributed by the time you are getting into marriage. The document also puts into order the legal aspects in the event of divorce or death. While most people have a great experience with prenups, others don’t. To a have a great experience you need to consider a number of prenup dos and don’ts.

Prenup dos

The first thing that you should do when you are thinking of a prenuptial agreement is to get a divorce lawyer. While you can easily get into an agreement with your spouse on who gets what and manages what, the agreement won’t be recognized as legally binding if it isn’t signed by a lawyer. When scouting for a lawyer you should hire a professional who will not only simply sign the document but also help you with advice.

The other thing that you should do is to talk about the prenup with your spouse. Most couples report that the prenup talk is one of the most uncomfortable talks that they have ever had but you shouldn’t avoid it. Regardless of how good the relationship is at the moment, you are bound to experience problems in the future; therefore, it’s paramount that you talk about it.

To avoid problems in the future you should disclose everything when you are drafting the prenup. Some couples make the mistakes of hiding some of their property but this shouldn’t be you. In the event your marriage ends, the court will put the prenup under the lens. When it finds disparities you might be in trouble.

Prenup don’ts

Just as there are some things that you need to have to have a great time drafting your prenup with your family lawyer, there are a number of things that you shouldn’t do. One of the things that you shouldn’t do is to treat the prenup as something that you are doing for the sake of it. Before you sign, you should carefully go through the document and ensure that the terms are clear and you agree with them.

Another thing that you shouldn’t do is to coerce your partner to sign the document. Remember that the signing of the document should be voluntary and your partner has a right to sign or not to sign the document.

Conclusion

Whether you have a lot of property or just a few it’s important that you have a prenup in place. To be on the safe side always have an experienced lawyer to help you with the drafting and reviewing prenuptial agreements.

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Divorce Lawyer: 3 Considerations To Make Before Going Through With Divorce

Divorce lawyer

It’s estimated that 50% of marriages end up in divorce. If you have reached a point in your life where you are considering going forward with it, first make these considerations:

Consider your financial situation before and after divorce

Divorce is an expensive affair. In addition to the cost of hiring a divorce lawyer, you also need to consider your standard of living after divorce. You should think about how you are going to support yourself after divorce. If you don’t work, chances are that your spouse won’t support you once you are out of the relationship. It’s common for couples to have debts. If you have them you should analyze the situation and determine whether you will be able to service them and at the same time support your spouse and children. If you aren’t sure of whether it’s the right time for you to go through with the divorce process, you should get the advice of your lawyer.

Consider child and spousal support

As the higher earning parent chances are that you will be the one required to pay for spousal support. Courts have different ways of coming up with an amount of spousal support that you have to pay. Before you file for divorce, you should consult your spousal and child support lawyer and find out whether you will be able to pay the amount and still maintain your current living standards. If you aren’t ready for it, it’s wise that you wait.

Consider the reasons for divorce

Couples divorce for different reasons. According to professionals, most of the reasons don’t warrant a divorce. Marriage counselors report that most divorces stem from simple things that the couples do to each. According to the counselors, most the issues can be solved through communication. Before you file for divorce, first find out from your spouse why you are divorcing in the first place. To have an easy time you should involve a professional marriage counselor who will guide you through the process.

Conclusion

You shouldn’t get into the divorce journey blindly—you need to make a number of considerations. To make the process easy you should involve a professional family lawyer. While it’s recommended that you always fight for your marriage and stick to it as much as you can, you should avoid being in it for the wrong reasons. For example, you shouldn’t stay in the wrong relationship for the sake of the children.

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Understanding What Drafting And Reviewing Prenuptial Agreements Can Do For You

Drafting And Reviewing Prenuptial Agreements

The decision to sign a prenup is not an easy one especially if you are still at the early stages of your relationship. If you are the one requesting for a prenup your partner may have the impression that you don’t trust him/her or you don’t want to share your proper with him/her which can create some tussle into your relationship. If you are considering drafting a prenuptial agreement it’s important that you know what a prenup can and what it can’t do for you.

What a prenuptial agreement can and can’t do for you

Before you do anything you should get a divorce lawyer to guide you through the process. According to lawyers, when done right, there are plenty of things that a prenup can do for you. Some of these things include:

  • Avoiding the court’s involvement in deciding who gets what in your property
  • Makes it clear what you want to share and what you don’t
  • It documents each of your property
  • It plays a vital role in preventing long court battles and hiring of expensive lawyers.
  • Reduces conflicts after a divorce
  • It establishes the rules and procedures of how you would like to solve your issues in the event conflicts or disagreements came up in the future.

While the agreement is important and highly beneficial, there are some areas where it can’t help you. One of the areas is in the area of child support and child custody issues. Even if you state the amount that you would like to pay in the event of a divorce, the agreement can’t help you as the issue is usually settled by the court. When the court is making the decision on the amount of child support you have to pay it doesn’t uphold the provisions in the prenup. In such a case you have to hire a child support lawyer to represent you so that you don’t pay an amount that is higher than you should.

Conclusion

When drafting the document you need to avoid making a number of mistakes. One of the mistakes to avoid is making an oral agreement. Remember that a prenup can’t be recognized as valid if it isn’t written and several copies of it made. Another mistake that you should avoid making is to draft it alone without hiring the services of a family lawyer. Just as it must be written for it to be recognized, the document should also be signed by a lawyer for it to be recognized as valid.

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Understanding The Roles of a Military Divorce Attorney

Military Divorce Lawyer

The divorce process, whether you are the one who wants out or not, can be an emotional rollercoaster. Sometimes it even gets chaotic, as you might fail to agree on who gets custody of the kids or how to share your property. Although divorce in the military is no different in terms of the legal process, it may become more complicated when one or both spouses are on active duty in far-flung areas or overseas. To make your work easier, you should hire the services of a military divorce attorney. The roles of the attorney include:

The military attorney should educate you on the divorce process

It is the role of attorney to help you and your spouse to understand how the divorce process works. The Uniformed Former Spouses Protection Act (UFSPA) addresses issues such as child and spousal support. The attorney should educate you on how such laws can influence the outcome of your divorce. The divorce lawyer should be ready to provide you with answers to any questions that you might be having.

The divorce lawyer should help you in preparing the divorce agreements

Sometimes it is in the best interest of the divorcing partners to work out a divorce agreement, instead of engaging in lengthy and costly court battles. Although divorce agreements don’t always need the input of an attorney, many divorcing military families without sufficient legal knowledge turn to their attorneys for professional help.

In this case, the attorney should help you in craft an agreement from scratch or review the proposed ones while ensuring that all the relevant legal provisions are included and your rights are not violated. Since the UFSPA doesn’t provide a formula for dividing the military pension, the attorney should help you reach an agreement on how to share your properly fairly and in accordance with the state laws. If the agreements have to be submitted to a family judge for further review, it is the attorney’s job to ensure this happens in a timely manner.

The family lawyer should represent you in the divorce trials

When couples fail to reach an out-of-court compromise, it means they have chosen to let the family court determine the outcome of the divorce. If your case goes to a full trial, then your family lawyer has a duty to represent your best interests in court and ensure that you receive a favorable outcome. The lawyer should attend the court proceedings, file motions, prepare financial disclosures, prepare witnesses for depositions and, where necessary, negotiate with the legal counsel of your spouse.

In conclusion, divorce can be devastating for military families, especially because the experience can negatively affect the ability of spouses on active duty to serve. Unfortunately, sometimes divorce is the only way out of a dysfunctional marriage. To have an easy ride you should arm yourself with a skilled military divorce lawyer.

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Divorce Lawyer: 4 Things You Have To Deal With When Divorcing

Divorce lawyer

According to data, 50% of marriages end up in divorce. If it’s the first time that you are divorcing, there are many things that you have to deal with. Some of these things include:

Divorce lawyer

It’s highly discouraged that you go through divorce alone. The best person to have by your side is a divorce lawyer. The professional will not only provide you with legal advice, he/she will also provide you with the much needed emotional support. The professional will help you with the filing of the necessary papers and representing you in the court of law. For you to have a lawyer by your side you need to pay him/her. Different lawyers have different charges; therefore, you should do your research and find the one charging an amount that you are comfortable with. While you might be tempted to go for the cheapest professional, he/she isn’t always the best.

Property division

If there are is property that you owned together you have to divide it equally. You should note that gifts and inheritances are usually not included in the division. If you are rich and have a lot of assets such as buildings and businesses, the high-asset divorce process can be messy. To protect yourself, you should hire a hire a professional experienced in handling high asset cases. When you are dividing your property, you should remember to also divide the debts that you incurred together.

Spousal and child support

Spousal support, also known as alimony is the amount that the low earning spouse gets from the high-earning spouse. It’s common for some spouses to get too greedy thus try to get a lot of you. To be on the safe side, you should have a spousal support lawyer by your side. When it comes to child support, both parents have to take responsibility for the upkeep of their children. This means that each parent has to contribute money for the children upkeep. You should consult your child support lawyer to ensure that you don’t contribute an amount that is too high.

Child custody

Since you will be parting with your spouse, there is always the issue of who will have custody of the children. You have two options: shared of sole custody. The court considers many factors in deciding the best type of child custody to give. To get a favorable hearing, you should have a child custody lawyer by your side.

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Alimony Attorneys: Everything You Need To Know About Alimony

Alimony Attorneys

Alimony, also known as spousal support or spousal maintenance is a legal obligation on the high earning spouse to support their low earning spouse after or before the divorce. When you are going through a divorce, you should hire a divorce lawyer to guide you through the divorce process and get a sensible spousal support.

Types of alimony

There are four types of alimony:

Temporary alimony: This is support ordered in a situation whereby the parties are separated before the divorce.

Rehabilitative alimony: This support is given to a spouse who earns less for a period of time before the other spouse acquires work outside the home so as to become self-sufficient.

Permanent alimony: It is paid to a spouse who earns less until either the death of the payer, the recipient or remarriage of the recipient.

Reimbursement alimony: This type of spousal support is given as a reimbursement for expenses incurred during the marriage period.

You should work with your spousal support lawyer who will guide you in choosing the right type of alimony.

Factors affecting alimony

When you file for divorce, the court considers many factors in determining the amount that you are awarded. The factors to consider include:

Duration of marriage. If the marriage or civil union lasted longer, then the alimony will also last longer. A marriage that lasted over 10 years attracts permanent alimony.

Age of the parties at the time of divorce: Spouses that divorce while still in their youthful years are considered to have the ability to “get on.” Due to this, they are awarded shorter alimony periods.

Future financial prospects. A spouse who is expecting to realize significant income in the future will most likely pay higher alimony than one who is not.

The health of the spouses: Poor health is associated with the need for more money. If you are suffering from a health condition, you will most likely be paid more money.

Alimony vs. child support

It is important to note that alimony is not child support. In child support, both parents should contribute towards the support of their children. When going through a divorce, you should hire a child support lawyer to compel your partner to pay a sensible amount to support the upbringing of your children. Alimony is often treated as a taxable income and often deducted from the gross income of the spouse who is paying whereas the IRS does not allow child support to be deducted from AGI.

Conclusion

It’s common for couples to spend years in the court corridors fighting over spousal support. To increase your chances of getting a favorable amount you should hire an experienced family lawyer to represent you.

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Equitable Distribution of Property law: Putting A Lens On Distribution Of Property After Divorce

Equitable Distribution of Property law

When you are divorcing, the law requires that you share the property that you previously owned. Both community and marital property acquired by the spouses after the wedding and before separation is subject to sharing.

The systems for distribution of property after divorce

Two primary systems are employed when distributing marital property: equitable distribution and community property. The community property requires the division of the marital property equally between spouses. The equitable Distribution of Property law awards the higher earning spouse a larger share than the one whose earnings are lower. Equitable distribution applies in cases where one of the spouses is a stay-at-home spouse.

Debt and marital property after divorce

Debts existing in marriage are also subject to division.  It’s good to note that debts aren’t distributed equally. Careless debts such as those got from gambling are allocated by the court to the wrongdoer. Debts such as household debts and other general expenses are supposed to be shared evenly between you and your spouse. Student loans may be divided equally if the spouse’s career benefited the marriage.

Property settlement agreements

If you don’t want to go through the long and tedious court journey, it’s always recommended that you draft legal separation agreements. In the agreement, you should specify how you will share your property.   The judge will then review the agreement to ensure equity.

Consider getting legal help

When you are planning on going through with a divorce, you should consult a divorce attorney about your marital property options. In addition to the attorney representing you in court, he/she will also help you in drafting a settlement agreement. The professional will also help you in determining the value of your property. This includes: the value of your homestead, home furnishings, professional practice and savings accounts.

The lawyer will also help you in solving issues that touch on child support, child custody, health insurance for the kids, and college education. If you don’t have a source of income, the spousal support lawyer will help you with getting a substantial amount that will support you in court.

Conclusion

To have an easy time when you are sharing property after divorce, it’s always wise that you arm yourself with a family lawyer. If you own any property before marriage, protect them using a prenup. This is a document that lists all the property that you own and shouldn’t be shared when you divorce.

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