You have reached the point when you are considering the dissolution of your marriage. You have internally questioned how you should go about getting the process started and where you should turn for legal help. In the state of New York, there are numerous firms that specialize in the practice of family law. Making the initial decision to consult a family law attorney about your divorce case is major step. Getting prepared for the initial consultation is an even greater step.
Do not walk into an initial consultation unprepared. Preparation can potentially save you the headache of wasted time and money. The role of your divorce attorney is to counsel you on issues of the law as they pertain to your case. It will be difficult not to let the emotions and stress of the situation determine the way you communicate with your attorney, but approaching the situation with reason is the most effective way to get the results you desire.
One of the most important ways to prepare for your consultation is by creating a timeline of events. This timeline should provide a truthful and accurate account of events leading up to your decision to seek attorney representation. Included in the timeline should be any marital issues such as instances of domestic violence, abuse, extramarital affairs, and so on. Some items that you list may spark potentially shameful or emotional memories, but remember your communication is guarded by attorney/client privilege.
The next step in preparation is creating your list of potential questions you may have. Even if you have experienced a previous divorce, you are not expected to be an expert. Your divorce attorney should be able to address your questions and concerns, no matter how trivial you may think they are. There is no such thing as a silly or dumb question.
Sunday, October 31, 2010
Friday, October 29, 2010
A Lawyer's Job
The divorce rate has increased a lot over the last few years, which is not very encouraging for anyone who decides to get married. In fact, it is not very encouraging for kids, who see their parents fight and get divorced more and more often.
If you are involved in a divorce, you have the right to be represented by a lawyer. If you have decided to get divorced, we recommend you to turn to a lawyer who is specialized in divorces and partitions, especially if you aren't familiar with the procedures such a trial consists of. However, the two parties cannot be represented by the same lawyer in the divorce trial, regardless of whether both of you have agreed to get divorced or if the decision only belongs to one of you. According to the stipulations of the Civil Procedure Code, the parties have to go in court in person, except for the cases in which one of the parties is executing a punishment which deprives them of their freedom, if they suffer from a very severe illness, if they are forbidden to go to court or if they live abroad.
The Divorce lawyer can help you take part into a civilized, rapid and advantageous procedure, they can inform you on the rights and obligations you have when it comes to the partition or to your kids, they can assist you and inform you on the optimum solution for your case, they can edit your request and formulate all the requests needed. Also, they are the ones who legalize the sentence of the court which is given at the end of the divorce trial.
It is essential for you to turn to a divorce lawyer when it comes to getting divorced because you can save a lot of your nerves and a lot of your financial resources.
If you are involved in a divorce, you have the right to be represented by a lawyer. If you have decided to get divorced, we recommend you to turn to a lawyer who is specialized in divorces and partitions, especially if you aren't familiar with the procedures such a trial consists of. However, the two parties cannot be represented by the same lawyer in the divorce trial, regardless of whether both of you have agreed to get divorced or if the decision only belongs to one of you. According to the stipulations of the Civil Procedure Code, the parties have to go in court in person, except for the cases in which one of the parties is executing a punishment which deprives them of their freedom, if they suffer from a very severe illness, if they are forbidden to go to court or if they live abroad.
The Divorce lawyer can help you take part into a civilized, rapid and advantageous procedure, they can inform you on the rights and obligations you have when it comes to the partition or to your kids, they can assist you and inform you on the optimum solution for your case, they can edit your request and formulate all the requests needed. Also, they are the ones who legalize the sentence of the court which is given at the end of the divorce trial.
It is essential for you to turn to a divorce lawyer when it comes to getting divorced because you can save a lot of your nerves and a lot of your financial resources.
Wednesday, October 27, 2010
Children and Divorce
After divorce is finalized, a parenting schedule is usually specified for each parent, depending on his or her circumstances. Parents are advised to fight for all the time they want and feel they can give for the child. However, once the child gets older, around the age of 9 or 10, and chooses to extend or lessen time spent with a parent, it must be considered. It is a child's legal right to contact a parent as he wishes but supervision or prohibition is made in special cases where the child may be in danger. Some parents may also be required to take parenting classes.
Divorced parents must always consider their children's welfare during this difficult time. Children are usually the victims of this unfortunate event. Though fighting for custody is a parent's instinct, it will make you more of a good parent to settle on what will be good not just for yourself but your child. Consider any aspect that may keep you from being an effective parent before committing to more than you can handle. Take into account your work schedule, priorities and other factors that may affect your ability to be a father. Accordingly, spend as much quality time with your child after divorce. This will help them heal better. As impossible as it may seem, it is recommended to give in to an agreeable settlement with your partner for your children's sake. Now would be a perfect time to put your personal rifts aside and think of the real sufferers in this situation.
Divorced parents must always consider their children's welfare during this difficult time. Children are usually the victims of this unfortunate event. Though fighting for custody is a parent's instinct, it will make you more of a good parent to settle on what will be good not just for yourself but your child. Consider any aspect that may keep you from being an effective parent before committing to more than you can handle. Take into account your work schedule, priorities and other factors that may affect your ability to be a father. Accordingly, spend as much quality time with your child after divorce. This will help them heal better. As impossible as it may seem, it is recommended to give in to an agreeable settlement with your partner for your children's sake. Now would be a perfect time to put your personal rifts aside and think of the real sufferers in this situation.
Monday, October 25, 2010
Debt and Divorce; Who is Responsible?
Contact a Staten Island Divorce Attorney Divorce case. All debt incurred by husband and wife during the Course of the marriage constitutes marital debt. Debt incurred prior to the marriage is the responsibility of the person who incurred the debt.
How is marital debt actually divided in New York? That is a very difficult and complicated question. There is no clear answer. The answer can only be determined by analytical reasoning. As a practical matter, assignment of marital debt is usually negotiated by the parties during the course of the divorce without the necessity of a trial. This article should be used for informational purposes only and not as a substitute for obtaining a Staten Island Divorce lawyer. Judges tend to look at the following factors when determining assignment of marital debt:
1) The court looks at whether the debt was incurred in furtherance of the Marital Partnership. Marriage is a partnership. If the debt was used for home goods, groceries, clothes, family vacations, medical bills etc. then the Court is more likely to divide the debt equitably between the parties.
If the debt was incurred by either husband or wife in furtherance of his or her own agenda then the debt is more likely to be assigned to the person who incurred the debt. For example, gambling debt, debt used in furtherance of an affair or unreasonable debt incurred without the consent of the other spouse is more likely to be assigned to the person who incurred the debt. This type of debt is theoretically "marital debt" although it is inequitable for the other spouse to have to pay. For example, gambling debt should be paid by the spouse who lost the money at the casino.
2) Who will have title and / or possession of the goods or items for which the debt was incurred? This is a significant factor. If the husband purchased a flat screen television on his Mastercard and he will get the flat screen then it is more likely that he will be assigned that debt.
The person who is assigned the vehicle/ boat will usually be responsible for the debt which secures the automobile / car / boat. As far as real estate is concerned, the person who is assigned the real estate will usually be responsible to pay the mortgage, taxes and insurance for the property. This can get more complicated if a home equity line was used to purchase an asset which will be titled in the name of the spouse who is not assigned the real estate.
How is marital debt actually divided in New York? That is a very difficult and complicated question. There is no clear answer. The answer can only be determined by analytical reasoning. As a practical matter, assignment of marital debt is usually negotiated by the parties during the course of the divorce without the necessity of a trial. This article should be used for informational purposes only and not as a substitute for obtaining a Staten Island Divorce lawyer. Judges tend to look at the following factors when determining assignment of marital debt:
1) The court looks at whether the debt was incurred in furtherance of the Marital Partnership. Marriage is a partnership. If the debt was used for home goods, groceries, clothes, family vacations, medical bills etc. then the Court is more likely to divide the debt equitably between the parties.
If the debt was incurred by either husband or wife in furtherance of his or her own agenda then the debt is more likely to be assigned to the person who incurred the debt. For example, gambling debt, debt used in furtherance of an affair or unreasonable debt incurred without the consent of the other spouse is more likely to be assigned to the person who incurred the debt. This type of debt is theoretically "marital debt" although it is inequitable for the other spouse to have to pay. For example, gambling debt should be paid by the spouse who lost the money at the casino.
2) Who will have title and / or possession of the goods or items for which the debt was incurred? This is a significant factor. If the husband purchased a flat screen television on his Mastercard and he will get the flat screen then it is more likely that he will be assigned that debt.
The person who is assigned the vehicle/ boat will usually be responsible for the debt which secures the automobile / car / boat. As far as real estate is concerned, the person who is assigned the real estate will usually be responsible to pay the mortgage, taxes and insurance for the property. This can get more complicated if a home equity line was used to purchase an asset which will be titled in the name of the spouse who is not assigned the real estate.
Saturday, October 23, 2010
Attorneys Make Divorce Easier
An experienced divorce and family attorney can help clients navigate the complexities of marriage dissolution. For most people experiencing a divorce, the weight of emotional concerns can blur the practical issues that surface in every marriage dissolution. These issues range from tax issues and pension disbursement to the determination of marital property. The emotional concerns, a desire to expedite a painful process, and monetary limitations can prompt people to share legal representation or forgo representation all together.
This can be to the detriment of practical issues. The results can be disastrous in even the most amicable of divorces. In many marriages, income is disparate between partners. This disparity presents differing concerns for each spouse.
The spouse with the lessor income will need the means to live while job searching or pursuing an education. This spouse's contribution to the family must not be underestimated in a divorce settlement. Conversely, the higher earning spouse is often unaware there are limits regarding the court's assessment of overtime pay and bonuses. In each of these situations, a divorce and family lawyer can navigate the subtleties of family law that are favorable to the client.
Marital property is often contentious in a divorce. For example, many mistakenly believe that property purchased after a legal separation will not be considered marital property in the divorce proceeding. Some items might not be deemed marital property, such as a home owned by one spouse prior to the marriage, but lived in and upgraded with marital funds, to the detriment of the disadvantaged spouse. An experienced divorce and family attorney may actually prevent such a client from making concessions when the situation relegates itself to a gray area of the law.
This can be to the detriment of practical issues. The results can be disastrous in even the most amicable of divorces. In many marriages, income is disparate between partners. This disparity presents differing concerns for each spouse.
The spouse with the lessor income will need the means to live while job searching or pursuing an education. This spouse's contribution to the family must not be underestimated in a divorce settlement. Conversely, the higher earning spouse is often unaware there are limits regarding the court's assessment of overtime pay and bonuses. In each of these situations, a divorce and family lawyer can navigate the subtleties of family law that are favorable to the client.
Marital property is often contentious in a divorce. For example, many mistakenly believe that property purchased after a legal separation will not be considered marital property in the divorce proceeding. Some items might not be deemed marital property, such as a home owned by one spouse prior to the marriage, but lived in and upgraded with marital funds, to the detriment of the disadvantaged spouse. An experienced divorce and family attorney may actually prevent such a client from making concessions when the situation relegates itself to a gray area of the law.
Thursday, October 21, 2010
Money and Divorce
Financial difficulties, and the stress that accompanies them, are the leading causes of divorce. Nearly every marriage goes through monetary trouble, but is divorce the solution?
Divorce is also the number one reason for people filing bankruptcy. A big debt can certainly break up your marriage, but what benefit can a divorce have on your finances? Many couples don't even discuss money issues, plan a budget, or set back savings. Why would divorce be the answer to this communication problem? A divorce can be expensive and will thus propel you further into debt. But the most costly part of the divorce process will be losing the love of the person you vowed to remain loyal and devoted to. Your marriage vows included "for richer, for poorer" -- not "for richer and richer."
You need to spot money problems early and attack them together to avoid disaster. Casting stones, belligerence, and screaming at a spouse does nothing to eliminate financial stress and, instead, takes the focus from solving the problem at hand. Don't let your debt run your life; step up to the plate and assume control of your finances. The key is to work together on a realistic and reasonable budget based on the goals that have been set. Track your spending, and make your dollars go further by sticking to this budget once it is in place. You will have a step by step formula for figuring out where the most important place to utilize your money will be. You can then determine what expenses you can cut back on or hopefully eliminate.
Divorce is also the number one reason for people filing bankruptcy. A big debt can certainly break up your marriage, but what benefit can a divorce have on your finances? Many couples don't even discuss money issues, plan a budget, or set back savings. Why would divorce be the answer to this communication problem? A divorce can be expensive and will thus propel you further into debt. But the most costly part of the divorce process will be losing the love of the person you vowed to remain loyal and devoted to. Your marriage vows included "for richer, for poorer" -- not "for richer and richer."
You need to spot money problems early and attack them together to avoid disaster. Casting stones, belligerence, and screaming at a spouse does nothing to eliminate financial stress and, instead, takes the focus from solving the problem at hand. Don't let your debt run your life; step up to the plate and assume control of your finances. The key is to work together on a realistic and reasonable budget based on the goals that have been set. Track your spending, and make your dollars go further by sticking to this budget once it is in place. You will have a step by step formula for figuring out where the most important place to utilize your money will be. You can then determine what expenses you can cut back on or hopefully eliminate.
Wednesday, October 20, 2010
How Alimony is Calculated in Divorce
How alimony is calculated depends on where you live and are getting your divorce. Some states, and even some counties, have alimony guideline charts, similar to the child support guideline charts that exist in all 50 states and the District of Columbia. The charts determine an amount of alimony depending on factors such as the income of the parties and whether and how many children are involved.
In California, for instance, there is no statewide alimony guideline chart; however, Santa Clara, CA has guidelines, and many other California counties have adopted those charts. The courts use them as a starting point, before making adjustments to fit the circumstances of the divorce case.
In Pennsylvania, there are guideline charts developed at the state level. Generally the courts must follow these guidelines, though they can deviate from them as long as they explain why in writing. Texas, which does not have guidelines charts per se, actually goes one step further by imposing a maximum amount of alimony: $2,500 per month, for three years.
Several other jurisdictions around the country have developed their own charts. But in most places, alimony is up to the discretion of the courts, both as to amount and duration. The judges take into account the income of both parties, and, in particular, the need of the receiving spouse.
Ask your divorce lawyer if there is a "rule of thumb" in your area. For example, a particular court or judge might say that a spouse with custody of the children should end up with 40% to 50% of the couple's combined net income. Alimony and child support would then be awarded to get to that percentage.
In California, for instance, there is no statewide alimony guideline chart; however, Santa Clara, CA has guidelines, and many other California counties have adopted those charts. The courts use them as a starting point, before making adjustments to fit the circumstances of the divorce case.
In Pennsylvania, there are guideline charts developed at the state level. Generally the courts must follow these guidelines, though they can deviate from them as long as they explain why in writing. Texas, which does not have guidelines charts per se, actually goes one step further by imposing a maximum amount of alimony: $2,500 per month, for three years.
Several other jurisdictions around the country have developed their own charts. But in most places, alimony is up to the discretion of the courts, both as to amount and duration. The judges take into account the income of both parties, and, in particular, the need of the receiving spouse.
Ask your divorce lawyer if there is a "rule of thumb" in your area. For example, a particular court or judge might say that a spouse with custody of the children should end up with 40% to 50% of the couple's combined net income. Alimony and child support would then be awarded to get to that percentage.
Tuesday, October 19, 2010
Legal Separation vs Divorce
There are major differences between a legal separation and divorce in how the status of the marriage is defined. Divorcing is the most concrete separation you can get. On the other hand, some prefer separation, for reasons such as wanting to think about the divorce, wanting some time away from each other, because of religious reasons, or sometimes because of financial concerns. There are more details to note and more facts to share. Hopefully this guide can lead you to a better understanding of divorce and separation law.
The Complex Laws
If you look into your state laws on how separation is used, you might spend hours reading information and still be confused on the process. For example, in Illinois, you have such complex wording and interpretation of the laws that it can get confusing. You must live apart to be legally separated in Illinois, but if you are applying for the separation, there are certain fault laws which can damage your case. The laws are different from state to state, making a divorce lawyer experienced in your state laws essential in ensuring a fair separation.
The Trial Separation
The trial separation is different from a divorce in that you both are living apart for a "test period," where debts created, accounts open, and assets sold can still be jointly owned. For example, you decide to separate from your husband, and you both work, but you get paid more. If your husband creates a debt, you can legally be held responsible. Of course, it does not always happen that way if the separation is better handled, but that's one disadvantage of the trial separation. If you divorce, you can take action to close joint accounts and limit your liability.
If you are living apart, state laws differ on any joint debts and accounts. Some states have better protection for you if a spouse creates a debt. On the other side, some states keep debts and money tied together until you get an official divorce.
The Complex Laws
If you look into your state laws on how separation is used, you might spend hours reading information and still be confused on the process. For example, in Illinois, you have such complex wording and interpretation of the laws that it can get confusing. You must live apart to be legally separated in Illinois, but if you are applying for the separation, there are certain fault laws which can damage your case. The laws are different from state to state, making a divorce lawyer experienced in your state laws essential in ensuring a fair separation.
The Trial Separation
The trial separation is different from a divorce in that you both are living apart for a "test period," where debts created, accounts open, and assets sold can still be jointly owned. For example, you decide to separate from your husband, and you both work, but you get paid more. If your husband creates a debt, you can legally be held responsible. Of course, it does not always happen that way if the separation is better handled, but that's one disadvantage of the trial separation. If you divorce, you can take action to close joint accounts and limit your liability.
If you are living apart, state laws differ on any joint debts and accounts. Some states have better protection for you if a spouse creates a debt. On the other side, some states keep debts and money tied together until you get an official divorce.
Sunday, October 17, 2010
Collaborative and Cooperative Divorce
"Collaborative divorce" is the new buzz word in family law practice. Its proponents enthuse about better and less costly settlements, greater client satisfaction, fewer accounts receivable, and less stress in the practice of law, than they can achieve through a conventional approach to family law disputes. How realistic are these claims? What are the down sides of "collaborative divorce"? Does the concept of "collaborative divorce" present ethical pitfalls and possible malpractice minefields for the unwary practitioner?
Divorce Lawyers who participate in the "collaborative divorce" movement use methods borrowed from more established alternative dispute resolution procedures to resolve family law disputes without litigation. However, unlike more accepted dispute resolution procedures, in "collaborative divorce" the lawyers and their clients agree that they will not engage in formal discovery, will voluntarily disclose information, and will settle the case without court intervention of any kind . They assume a duty to inform the attorney for the other party of errors they note in opposing counsel's legal analysis or understanding of the facts. If they are unable to settle the case, both lawyers must withdraw from representing their respective clients and the estranged spouses must start over with new counsel.
Good Divorce Lawyers Routinely Practice Cooperatively
Even the most enthusiastic supporters of "collaborative divorce" concede that the concept of settling cases rather than litigating them is hardly novel. Capable family law practitioners have always directed their effort and creativity toward reaching agreement rather than duking it out in court. It isn't news to anyone that litigation is expensive - sometimes prohibitively so - and that the most satisfactory settlements derive from skilled negotiation between capable counsel rather than a court-imposed resolution of disputed issues.
Divorce Lawyers who participate in the "collaborative divorce" movement use methods borrowed from more established alternative dispute resolution procedures to resolve family law disputes without litigation. However, unlike more accepted dispute resolution procedures, in "collaborative divorce" the lawyers and their clients agree that they will not engage in formal discovery, will voluntarily disclose information, and will settle the case without court intervention of any kind . They assume a duty to inform the attorney for the other party of errors they note in opposing counsel's legal analysis or understanding of the facts. If they are unable to settle the case, both lawyers must withdraw from representing their respective clients and the estranged spouses must start over with new counsel.
Good Divorce Lawyers Routinely Practice Cooperatively
Even the most enthusiastic supporters of "collaborative divorce" concede that the concept of settling cases rather than litigating them is hardly novel. Capable family law practitioners have always directed their effort and creativity toward reaching agreement rather than duking it out in court. It isn't news to anyone that litigation is expensive - sometimes prohibitively so - and that the most satisfactory settlements derive from skilled negotiation between capable counsel rather than a court-imposed resolution of disputed issues.
Friday, October 15, 2010
Contested vs Uncontested Divorce
If you and your spouse have run into problems that cannot be reconciled between each other, then it may be time to look at ending your marriage with a divorce. However, there a few different options that you can take when looking to go through the divorce process.
There are two main kinds of divorces, contested and uncontested. A contested divorce is one in which the parties cannot agree over the terms of the divorce, such as custody, spousal or child support, division of assets and debt, and many other areas, and need the court to settle these aspects for them.
In an uncontested divorce, the spouses are able to agree on everything and do not need the court to divide assets or make decisions about spousal or child support and custody. A contested divorce will usually result in a longer process, and may require the decisions of family law justices or professional mediators to work out a settlement that both parties can agree on. In most cases, an uncontested divorce will proceed faster, be much less complex, and less expensive.
A lot of the time, couples will be able to reach a settlement during a contested divorce before the case goes to trial. A settlement is a defining agreement that both parties have agreed to, and will put an end to the litigation. Most judges and lawyers prefer to settle divorces out of court in an uncontested manner. If you and your spouse can not come to a settlement on your own, your divorce attorneys will eventually help you reach one.
When couples decide to settle their divorce out of court, a lot of the time they enter into a collaborative divorce process. In a collaborative divorce, the couple negotiates an agreed resolution with the help of lawyers who are professionally trained in the collaborative divorce process and in mediation. The parties are then coached to determine their individual needs and interests, and be able to make decisions with access to all the necessary information and support of their lawyers. After the collaborative divorce starts, the lawyers are not allowed to represent either party in a contested legal proceeding if the collaborative divorce process ends before the couple reaches an agreement.
There are two main kinds of divorces, contested and uncontested. A contested divorce is one in which the parties cannot agree over the terms of the divorce, such as custody, spousal or child support, division of assets and debt, and many other areas, and need the court to settle these aspects for them.
In an uncontested divorce, the spouses are able to agree on everything and do not need the court to divide assets or make decisions about spousal or child support and custody. A contested divorce will usually result in a longer process, and may require the decisions of family law justices or professional mediators to work out a settlement that both parties can agree on. In most cases, an uncontested divorce will proceed faster, be much less complex, and less expensive.
A lot of the time, couples will be able to reach a settlement during a contested divorce before the case goes to trial. A settlement is a defining agreement that both parties have agreed to, and will put an end to the litigation. Most judges and lawyers prefer to settle divorces out of court in an uncontested manner. If you and your spouse can not come to a settlement on your own, your divorce attorneys will eventually help you reach one.
When couples decide to settle their divorce out of court, a lot of the time they enter into a collaborative divorce process. In a collaborative divorce, the couple negotiates an agreed resolution with the help of lawyers who are professionally trained in the collaborative divorce process and in mediation. The parties are then coached to determine their individual needs and interests, and be able to make decisions with access to all the necessary information and support of their lawyers. After the collaborative divorce starts, the lawyers are not allowed to represent either party in a contested legal proceeding if the collaborative divorce process ends before the couple reaches an agreement.
Thursday, October 14, 2010
Divorce and Men
Divorce involves a lot of mental trauma apart from the obvious financial strains. Couples undergoing divorce require considerable support and understanding from their colleagues and their family. Most divorces cost thousands of dollars and take months to complete. A significant part of the costs involved in divorce proceedings is the fees to be paid to the divorce attorneys involved. There are many attorneys who specialize as divorce lawyers for men.
Typically, in any divorce case, the needs of the husbands are different from that of the wives. Husbands also have to deal with substantial financial strain apart from the attorney fees. Alimony is a major factor in divorce proceedings, from the point of view of the male partner. A fair calculation of the alimony amount is essential to protect the husband's interests. It especially becomes complicated when the couple has children, due to the custody issues that have to be sorted out. To protect his rights, it is necessary that the male partner involved in a divorce engages a divorce lawyer who focuses on handling divorce cases for men.
ADAM or American Divorce Association for Men is an organization that deals with divorce issues faced by men. It ensures that the man knows his legal rights and various other facets of the separation such as child custody, child support and alimony - and what he is legally obliged to with each.
Divorce attorneys discuss the different legal options available, in detail, with their clients. They counsel them on the various options available to them during the divorce proceedings. It is important for men seeking divorce to get sound legal advice in order to secure their finances in the future. During a divorce, the family finances may be examined and divided by the court. Good divorce attorneys can provide advice on parenting plans after the divorce, keeping the best interests of the father and the children. They can also refer and recommend counselors and therapists, who can help the family get through the difficult times.
Typically, in any divorce case, the needs of the husbands are different from that of the wives. Husbands also have to deal with substantial financial strain apart from the attorney fees. Alimony is a major factor in divorce proceedings, from the point of view of the male partner. A fair calculation of the alimony amount is essential to protect the husband's interests. It especially becomes complicated when the couple has children, due to the custody issues that have to be sorted out. To protect his rights, it is necessary that the male partner involved in a divorce engages a divorce lawyer who focuses on handling divorce cases for men.
ADAM or American Divorce Association for Men is an organization that deals with divorce issues faced by men. It ensures that the man knows his legal rights and various other facets of the separation such as child custody, child support and alimony - and what he is legally obliged to with each.
Divorce attorneys discuss the different legal options available, in detail, with their clients. They counsel them on the various options available to them during the divorce proceedings. It is important for men seeking divorce to get sound legal advice in order to secure their finances in the future. During a divorce, the family finances may be examined and divided by the court. Good divorce attorneys can provide advice on parenting plans after the divorce, keeping the best interests of the father and the children. They can also refer and recommend counselors and therapists, who can help the family get through the difficult times.
Wednesday, October 13, 2010
A Divorce Attorney for Uncontested Divorces
When you and your spouse decide to end the marriage in a divorce you need the council of an attorney. Many times people who do not have children already know how they want to divide their property, and feel that the advice of a lawyer is fruitless. The fact is, no matter what the circumstances, when it comes to getting a divorce; you need the help of a lawyer. In Staten Island, attorneys feel that it is best to set a fee that is nominal enough that people who want to divorce, without contesting any of the property arrangements, will seek out the advice of an attorney.
Staten Island attorneys will provide you with the correct forms so that you can put your agreement in writing. You need to be able to put your agreement in writing, in order to file for a divorce in the New YorkDistrict Court. In order to finalize your divorce, making it legal, it needs to be filed in the La Plata court system. Staten Island divorce attorneys will help you to know where to file your uncontested divorce forms.
Staten Island, like all jurisdictions, keeps divorce records sealed; making sure that only you or one of your representatives will have access to the records. Your privacy is very important, that is why you need to make sure that you get good lawyers, to help you with the uncontested divorce. Attorneys who aid in this procedure will usually give you at least five hours of consultations. Most attorneys will research any question, which you might need answered, before you file for your uncontested divorce.
Staten Island attorneys will provide you with the correct forms so that you can put your agreement in writing. You need to be able to put your agreement in writing, in order to file for a divorce in the New YorkDistrict Court. In order to finalize your divorce, making it legal, it needs to be filed in the La Plata court system. Staten Island divorce attorneys will help you to know where to file your uncontested divorce forms.
Staten Island, like all jurisdictions, keeps divorce records sealed; making sure that only you or one of your representatives will have access to the records. Your privacy is very important, that is why you need to make sure that you get good lawyers, to help you with the uncontested divorce. Attorneys who aid in this procedure will usually give you at least five hours of consultations. Most attorneys will research any question, which you might need answered, before you file for your uncontested divorce.
Monday, October 11, 2010
Property Split in a Divorce
Ownership over properties is one of the bottlenecks on settling a divorce document. There is a common dispute on properties acquired during marriage.
Protection on children's rights over the property must be of great importance. While emotions are attached most especially to the family home, it will definitely be a home for the children. It is where they grew up and memories of once having an intact family were felt in that home. The decision of selling a family house is very crucial. Making such decision must be made with an open mind. Thus, revenge, envy and negativity must be set aside by couples getting into divorce.
With this, couples getting into divorce must seek advice from someone who will help them balance the decision of selling properties as well as understanding financial plans for the children. A divorce attorney or a financial planner can help them with this. What couples should know is that the children must equally benefit from the properties that were acquired during the marriage. Parents or the couples who are getting into divorce must always think on what is beneficial for the kids.
Under the law, properties acquired during marriage are considered as conjugal property. The parties in the contract of marriage will equally get a share on these properties. It should be that 50 percent goes to the wife and 50 percent goes to the husband. The biological children and any legally adopted children will also get an equal share from their parents share.
Protection on children's rights over the property must be of great importance. While emotions are attached most especially to the family home, it will definitely be a home for the children. It is where they grew up and memories of once having an intact family were felt in that home. The decision of selling a family house is very crucial. Making such decision must be made with an open mind. Thus, revenge, envy and negativity must be set aside by couples getting into divorce.
With this, couples getting into divorce must seek advice from someone who will help them balance the decision of selling properties as well as understanding financial plans for the children. A divorce attorney or a financial planner can help them with this. What couples should know is that the children must equally benefit from the properties that were acquired during the marriage. Parents or the couples who are getting into divorce must always think on what is beneficial for the kids.
Under the law, properties acquired during marriage are considered as conjugal property. The parties in the contract of marriage will equally get a share on these properties. It should be that 50 percent goes to the wife and 50 percent goes to the husband. The biological children and any legally adopted children will also get an equal share from their parents share.
Saturday, October 9, 2010
How Long Does Divorce Take
Divorce is a process that every couple undergoes when they want to end a marital partnership. Divorce can be a long and sometimes discouraging process for both parties involved. This usually happens when certain issues are not easily agreed upon. Disagreements would entail a lot more time settling issues in court that both have to feel. In this type of case, there is no exact time frame on how long the divorce case will last in court. However, if both parties are willing and fairly negotiate issues, the process will be faster.
Dissolution will take a month to more than two years. This will totally depend on the parties involved in divorce. In a normal process a divorce can take up to about a year if cases are not as complicated. Usually, those with large amount of assets and disagreements on child custody that are unresolved, the process will take longer in court. However, some parties tend to delay the process to get what they want from the other parties.
Below are some factors to consider in the process of dissolution:
• RESIDENCY - In some countries and states, they impose a mandatory waiting period to get a divorce. This period will last until six months after the original divorce paper is served.
• COOPERATION OF PARTIES OR SPOUSES - The level of cooperation between parties is important. Issues must be resolved between spouses through a dialogue to lessen the period of negotiation in court and outside of court. They should work out that the divorce is uncontested. If spouses can work on this among themselves with their lawyers, the divorce will go smoothly and quickly.
• MEDIATED DIVORCE - Some parties are not anymore communicating but both are willing to undergo mediation. With this circumstance, the divorce will take more time compared to the uncontested divorce. However, if mediation is open it will then make the process shorter.
Dissolution will take a month to more than two years. This will totally depend on the parties involved in divorce. In a normal process a divorce can take up to about a year if cases are not as complicated. Usually, those with large amount of assets and disagreements on child custody that are unresolved, the process will take longer in court. However, some parties tend to delay the process to get what they want from the other parties.
Below are some factors to consider in the process of dissolution:
• RESIDENCY - In some countries and states, they impose a mandatory waiting period to get a divorce. This period will last until six months after the original divorce paper is served.
• COOPERATION OF PARTIES OR SPOUSES - The level of cooperation between parties is important. Issues must be resolved between spouses through a dialogue to lessen the period of negotiation in court and outside of court. They should work out that the divorce is uncontested. If spouses can work on this among themselves with their lawyers, the divorce will go smoothly and quickly.
• MEDIATED DIVORCE - Some parties are not anymore communicating but both are willing to undergo mediation. With this circumstance, the divorce will take more time compared to the uncontested divorce. However, if mediation is open it will then make the process shorter.
Thursday, October 7, 2010
The Cost of Divorce
Legal subjects have variable fees particularly when it comes with diverse levels of experience and hourly costs. This begs a veer of questions. How would you hire an attorney? And how do you know if an attorney is worth his or her price? This article discusses these questions and will help you to get some tips.
Do you need to hire Divorce lawyer in Staten Island?
In case of divorce, you no need to hire a divorce lawyer always. Perhaps you will be able to work with your spouse, go with mediation and save money. Mediation is cost effective, but always not possible. If your spouse is reluctant to negotiate and hired a Staten Island divorce lawyer, you will also need to do so too. A lawyer is precious in protecting your rights in case of divorce. And when your assets; your children and your funds are on the block, an experienced divorce lawyer is essential.
How to hire a divorce lawyer
You will come across many law firms, but make sure to search nearby. This will help you to consult with your divorce attorney when required. It also makes certain that the lawyer also has experience in local courts. Most Of the attorneys offer you free consultations and may review your case also, so you can get in touch with 5-10 attorneys to look over their skills make a decision.
Cost to hire a divorce attorney
An experienced and qualified divorce attorney is precious and some time you may not be capable of affording their rates, particularly if the case is hard and complicated. They lawyer may ask you to pay $300 to $500 per hour and that may be beyond your range. Ask your lawyer to split your case into small discrete periods and to charge a fixed fee for each period of your case. Or else you may also ask your attorney to give you a bid for the next period of your case. If you think the bid is logical, go ahead and accept it. If not, think to hire a new attorney.
Do you need to hire Divorce lawyer in Staten Island?
In case of divorce, you no need to hire a divorce lawyer always. Perhaps you will be able to work with your spouse, go with mediation and save money. Mediation is cost effective, but always not possible. If your spouse is reluctant to negotiate and hired a Staten Island divorce lawyer, you will also need to do so too. A lawyer is precious in protecting your rights in case of divorce. And when your assets; your children and your funds are on the block, an experienced divorce lawyer is essential.
How to hire a divorce lawyer
You will come across many law firms, but make sure to search nearby. This will help you to consult with your divorce attorney when required. It also makes certain that the lawyer also has experience in local courts. Most Of the attorneys offer you free consultations and may review your case also, so you can get in touch with 5-10 attorneys to look over their skills make a decision.
Cost to hire a divorce attorney
An experienced and qualified divorce attorney is precious and some time you may not be capable of affording their rates, particularly if the case is hard and complicated. They lawyer may ask you to pay $300 to $500 per hour and that may be beyond your range. Ask your lawyer to split your case into small discrete periods and to charge a fixed fee for each period of your case. Or else you may also ask your attorney to give you a bid for the next period of your case. If you think the bid is logical, go ahead and accept it. If not, think to hire a new attorney.
Tuesday, October 5, 2010
What to Do Before You File for Divorce
There are many steps to take to protect yourself in a divorce. This article will get you started. Your best bet is to talk to a divorce lawyer before you do anything.
1. Talk to a Marriage Counselor or other professional who may be able to help you save your marriage.
Even if you don't think there's hope for the marriage, "divorce counseling" can help you discover what went wrong, how to cope, and how to pick up the pieces and go on. Don't wait for your spouse to participate. If you don't know how to find a qualified counselor, our firm will be glad to recommend one or you can check out the directory of professionals at stayhappilymarried.com. Your employment, social or religious contacts might also provide leads.
2. Talk to an attorney before you do anything.
Even if you don't end up hiring an attorney to handle your separation or divorce, you would be well advised to get as much information as you can before you even discuss divorce with your spouse. There's a lot to know about divorce in New York...our laws are complex and even the simplest situation can be very confusing to families already in distress. Actions you take now may very well affect the outcome of your divorce (see #3) and you need to understand your options ahead of time...not some time down the road when it may be too late to alter the outcome. Click here to find attorneys who are well versed in the intricacies of New York divorce law.
3. Do not move out of the marital home without talking to an attorney first.
Leaving the house without a good reason may cause you to pay alimony or may result in your inability to collect alimony. If you leave the house, you may also be unable to return until after a court divides the property. This process might take more than a year. The best advice is to stay in the house until after you talk with an attorney unless your spouse is violent. If your spouse is violent, you must take all steps necessary to protect yourself and your children.
1. Talk to a Marriage Counselor or other professional who may be able to help you save your marriage.
Even if you don't think there's hope for the marriage, "divorce counseling" can help you discover what went wrong, how to cope, and how to pick up the pieces and go on. Don't wait for your spouse to participate. If you don't know how to find a qualified counselor, our firm will be glad to recommend one or you can check out the directory of professionals at stayhappilymarried.com. Your employment, social or religious contacts might also provide leads.
2. Talk to an attorney before you do anything.
Even if you don't end up hiring an attorney to handle your separation or divorce, you would be well advised to get as much information as you can before you even discuss divorce with your spouse. There's a lot to know about divorce in New York...our laws are complex and even the simplest situation can be very confusing to families already in distress. Actions you take now may very well affect the outcome of your divorce (see #3) and you need to understand your options ahead of time...not some time down the road when it may be too late to alter the outcome. Click here to find attorneys who are well versed in the intricacies of New York divorce law.
3. Do not move out of the marital home without talking to an attorney first.
Leaving the house without a good reason may cause you to pay alimony or may result in your inability to collect alimony. If you leave the house, you may also be unable to return until after a court divides the property. This process might take more than a year. The best advice is to stay in the house until after you talk with an attorney unless your spouse is violent. If your spouse is violent, you must take all steps necessary to protect yourself and your children.
Sunday, October 3, 2010
When Do You Need a Divorce?
One of the most difficult question anyone can face in their life is 'How to know when you need a divorce?' After all, on the day you decided to get married, you never wanted to imagine that one day, you would end up considering divorce. We all want a marriage that lasts forever but it is not always possible.
So, to help you make a decision about whether you need a divorce, First, here are 10 good reasons to end a marriage, as well as a list of 7 questions you need to ask yourself before making a firm decision about divorce.
10 Good Reasons To End A Marriage And Get A Divorce
1. Physical Abuse
2. Sexual Abuse
3. Verbal Abuse
4. Emotional Abuse
5. Child Abuse
6. Serial Adultery
7. Inability To Forgive Each Other
8. Alcohol Addiction
9. Drug Addiction
10. When One Partner Chooses To Abandon Your Marriage
If you are in a relationship that exhibits any of the signs above, you need to find the strength and courage to love yourself enough, and end your marriage. You and your children truly deserve better. Be honest with yourself and imagine what your marriage and life will look like 5 years from now if you continue in this marriage? Is this what you truly want?
Please don't just keep doing the same thing everyday, hoping for things to be different. For things to change, you must change first. Start by being brutally honest with yourself. The truth can't hurt you because it is only a thought. One important thing you need to be aware of is this: Being single won't guarantee that you will be happier than you are now. Happiness is a state of mind that only you can give yourself.
So, to help you make a decision about whether you need a divorce, First, here are 10 good reasons to end a marriage, as well as a list of 7 questions you need to ask yourself before making a firm decision about divorce.
10 Good Reasons To End A Marriage And Get A Divorce
1. Physical Abuse
2. Sexual Abuse
3. Verbal Abuse
4. Emotional Abuse
5. Child Abuse
6. Serial Adultery
7. Inability To Forgive Each Other
8. Alcohol Addiction
9. Drug Addiction
10. When One Partner Chooses To Abandon Your Marriage
If you are in a relationship that exhibits any of the signs above, you need to find the strength and courage to love yourself enough, and end your marriage. You and your children truly deserve better. Be honest with yourself and imagine what your marriage and life will look like 5 years from now if you continue in this marriage? Is this what you truly want?
Please don't just keep doing the same thing everyday, hoping for things to be different. For things to change, you must change first. Start by being brutally honest with yourself. The truth can't hurt you because it is only a thought. One important thing you need to be aware of is this: Being single won't guarantee that you will be happier than you are now. Happiness is a state of mind that only you can give yourself.
Friday, October 1, 2010
The Right Lawyer for Divorce
Going through separation and divorce is a great ordeal for couples. Putting an end to a marital relationship is not easy. Therefore, it is important to get lawyers whom you can trust and be comfortable with. He or she should be able to understand and deal with your struggles as you go through the process of divorce. Before filing for a divorce, one of the most important steps to make is to find a good legal counsel. If this fails, then the divorce process also fails. As an effect, getting a divorce would be much harder and costly.
A person can initially seek referrals from friends or lawyers whom they know were able to successfully handle divorce cases in the past. If by chance, a person can simply get a friend who can stand a legal counsel to easily discuss divorce and the reasons for separation.
Being comfortable with your lawyer should be the primary thing that you should consider, since you need to open up with personal feelings and failures of your marital relationship. The divorce lawyer should be able to relate with your dilemmas and carry on with the divorce process.
Searching online for a divorce lawyer is also one ways of obtaining legal representation. Some legal practitioners share their experience in handling divorce cases through their profiles. The Internet offers a lot of information about divorce and how to go through the process. These topics can easily be found online with several articles on real life experiences on divorce. It is also advantageous to seek lawyers online since you can immediately discuss your ordeal. In this way you would also know if this lawyer is suitable for you.
A person can initially seek referrals from friends or lawyers whom they know were able to successfully handle divorce cases in the past. If by chance, a person can simply get a friend who can stand a legal counsel to easily discuss divorce and the reasons for separation.
Being comfortable with your lawyer should be the primary thing that you should consider, since you need to open up with personal feelings and failures of your marital relationship. The divorce lawyer should be able to relate with your dilemmas and carry on with the divorce process.
Searching online for a divorce lawyer is also one ways of obtaining legal representation. Some legal practitioners share their experience in handling divorce cases through their profiles. The Internet offers a lot of information about divorce and how to go through the process. These topics can easily be found online with several articles on real life experiences on divorce. It is also advantageous to seek lawyers online since you can immediately discuss your ordeal. In this way you would also know if this lawyer is suitable for you.
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