Tag Archives: divorce

The Case for Hiring a Lawyer During Divorce

Couple signing their divorce papersOne of the worst experiences a couple can go through is having a divorce. When a relationship fails, most couples resort to opting for a divorce, especially of all efforts have been exhausted. Being married will not guarantee that it’s perfect. There are quarrels and disagreements.

When the relationship isn’t working out, the couple might need to hire a divorce attorney in Long Island to handle all legal matters. The whole process isn’t easy — it’s painful and tedious. A divorce lawyer will make the process easier for the couple.

Here are the advantages of hiring an experienced divorce attorney.

1. They provide confidentiality to clients

Divorce isn’t an easy way out of the marriage, especially if children are in the picture. Lawyers have trained to make sure the case is confidential to protect the couple and the family. Since most people find divorce controversial, the lawyers will make sure everything is confidential.

2. Divorce attorneys offer expert advice

Lawyers have experienced and trained in their line of expertise. Divorce attorneys have handled countless divorce cases, making them experts. Also, an experienced attorney will make sure their client gets what they deserve after the divorce.

3. They take the animosity during the procedure

Divorce lawyers involved in the case mediate the two parties. Divorce provokes anger, animosity and hatred between the two individuals. Lawyers are there to mediate the situation and negotiate on behalf of their clients. This reduces the tension.

A divorce is a disheartening process. Nevertheless, it’s just a process, and in time, it’ll be over. Divorce lawyers are there to assist the client throughout the procedure. They help the client understand the legal matter. Hence, it’s essential to hire an experienced lawyer during a divorce is essential.

Breaking the News of Divorce to Your Family

Couple facing away from each other

Couple facing away from each otherYou want to make the marriage work for the sake of your children, but it’s undeniable that some things have already changed. Deciding to finally end the marriage is not the only thing to think about, however.

Here are some questions to ask yourself:

Do You Know How to File for Divorce?

It’s not going to be easy, but it’s not impossible, too. Prepare yourself by learning how to file for divorce in your state. Each state has their own rules, so Utahans need to look for the process specific to Utah. Your lawyer at Kelly & Bramwell, P.C. can fill you in on the technicalities that you cannot learn from reading online articles. Your case may have unique elements, so don’t expect that it will go precisely how source articles say it will.

How Will You Tell Your Partner?

Saying the word divorce for the first time can be hard. Before telling your partner, it’s all just thoughts. Once you sit down and speak about it, it makes the decision real. Your partner may not take it well, or they might agree with your decision. Gauge their mood, especially if they have a difficult temper. You don’t want to add domestic violence to the mix when you’re already planning to exit the marriage.

How Will You Tell Your Children?

Your children will also have a different reaction to the divorce. The way they see it, their parents do not love each other anymore, and it will split the family in two. They will start thinking about holidays, birthdays, and all those occasions that families supposedly spend with each other. They might also blame themselves for your decision. If it’s possible, you and your partner should talk to them together, so they know that the divorce does not change your love for them.

Divorce is a delicate matter, especially if your family is going through it for the first time. It might mean that the family will be broken, but it can also be that one final time that everyone comes together as one.

3 Signs Divorce Might be the Right Solution

Angry couple not looking at each otherMost married couples, even when faced with problems, strive to keep divorce out of the picture. However, some relationships become so hurtful and unhealthy that divorce surfaces as the best solution.

When do you know it is time to say “it’s over” to a marriage that you once thought as a “happily ever after?”

There seems to be no way to resolve conflicts anymore

There is no doubt that communication is the best way to salvage a sinking marriage. However, what if it has gone to the point that there is no sense in talking things out anymore because the couple only hears and not truly listens to each other’s woes? What if communication has only become a way for couples to disrespect each other?

If couples are not willing to settle and compromise on each other’s differences by way of communication, then there is no way left to resolve conflicts, say The Law Offices of Ian S. Mednick, P.C. and other divorce attorneys in Long Island.

Both parties feel so exhausted when together and but are so full of life when apart

One of the indications that divorce is just around the corner is when couples avoid any matters involving each other but are highly interested in matters outside of marriage. Thus, they devote themselves to spending too much time with their kids, at work, with friends or with somebody that is way too fun than their spouses.

Since distractions are around, or couples choose to be around these distractions, there is no time for reconciliation and to rekindle the marriage’s fire. This can be an avenue for disinterest, indifference, or worse, cheating.

Marriage counseling can no longer save the relationship

If couples cannot solve their marital problems themselves, they turn to marriage counseling. But if after a considerable amount of time and no progress has been made through marriage counseling, then maybe your relationship has become beyond repair.

Divorce is an unfortunate and unwanted phase every married couple avoids. But if it has come to a point that it has taken its toll on you, then maybe it is time to consider it.

Is Your Divorce Lawyer for Keeps? Here are 3 Signs

Divorce agreement paperwork being signedThe bright lights of Denver, Colorado’s capital and dubbed as the Mile High City, are no guarantee that a marriage made in the city will shine everlasting as well. In fact, Denver ranks among the cities in Colorado with the highest divorce rates, hitting 12% in a span of nine years compared to its more family-oriented neighbors, such as Fort Collins (8.6%) and Boulder (8.2%) in the same period.

Divorce Dramas

Whatever city you find yourself in, as long as you’re getting a nasty divorce, the level of stress and volume of work remains the same. The Burnham Law Firm, P.C. reminds that each state has its own set of family laws that deviate or totally differ from another state. This is why traveling and relocating across states may affect your rights and the outcome of your divorce proceeding.

Getting an experienced divorce lawyer is not only a logical decision; it’s one of the best moves you’ll ever make to increase your chances of getting a fast and favorable solution. Good divorce attorneys are expected to know the intricacies of Denver Marriage and Divorce Laws, and their records of practice should prove this knowledge.

Is Your Divorce Lawyer the Right One?

Be aware of these signs to determine if your divorce lawyer is the one who could end your domestic misery:

A shower of recommendations. If possible, choose one that has the approval of a family member or a friend who went through divorce proceedings with your chosen lawyer. Take note of their experience as a client and the instances showcasing the lawyer’s skills.

No shady deals. Check court files and sources that list and review possible disciplinary actions your divorce attorney may have been given in the past. A clean record ensures that your lawyer upholds the integrity of the profession.

You feel at home. Let your instinct work for you. If you’re comfortable opening up, discussing, and even complaining to your lawyer without feeling awkward or embarrassed, then that personal relationship is for keeps.

A good divorce lawyer makes all the difference in helping you gain a favorable divorce outcome, but more importantly in helping you survive the journey to the dissolution of a bad marriage.

4 Things You Can Do to Speed Up the Divorce Process

Divorce Process

Divorce Process The whole divorce process takes an awfully long period of time. From the filing of the divorce application to the many divorce proceedings until its final dissolution. In some jurisdictions, the entire divorce process can take a few months to several months. Still, in others, it can take years before they can even see any solution to their divorce problems. Nevertheless, if you are considering a divorce and would like to quicken the pace, there are several things that you can do to help speed things up.

Here’s how.

Know Local Divorce Laws

Different jurisdictions have certain provisions in their divorce laws that can affect the overall length of the divorce proceedings. One example of this is the mandatory waiting period which allows couples to work their personal differences first before the divorce can be acted upon. If you really want to speed things up, you might want to look at the mandatory waiting period for divorce in your state or area where you will be filing the divorce. In such cases, you might want to waive this mandatory waiting period.

Cooperate with Your Spouse

The key to speedy divorce process is a cooperative spouse. That is why uncontested divorces never really drag on for several months. Be sure to cooperate with your spouse. However, this is often a lot more challenging if your spouse happens to be as hungry and tenacious as you are in claiming your rights to certain divorce outcomes.

Consider Mediation

If you have certain things that you and your spouse can agree to, maybe this is a good sign that you can consider getting a divorce mediator to help you and your spouse agree to terms without getting to court. Again, this will only work if the relationship is an amicable one where each party is able to give and take.

Be Prepared

One of the things that can drag a divorce for so long is the lack of preparation by the parties. Get help from a Nassau County divorce lawyer such as the Law Offices of Ian S. Mednick and have him prepare all the necessary documents, particularly your marriage certificate, even before you file for a divorce.

Speeding up the divorce process is a lot easier if you have a cooperative spouse. Otherwise, you can speed things up by preparing and acting on your divorce filing early enough.

Why You Should Consider Drafting a Marital Agreement

Drafting Your Marital Agreement in Denver

Drafting Your Marital Agreement in DenverWhether you are planning to get married or you are already married, you should consider drafting a marital agreement. This is because of the protection that it offers to you and your property. For instance, individual property can unintentionally and easily become conjugal property. Therefore, if you would want to protect your assets as separate, you definitely need to consider having an agreement in place. You can draft an agreement with the help of a Denver family lawyer.

What Does a Marital Agreement Involve? 

Legal professional Divorce Matters explains that a marital agreement is a planning tool that allows spouses to alter and structure the way their property is classified under the law. Normally, the law treats possessions and all income of a couple, acquired after marriage, as marital property. Inheritance, gifts, and property that is brought into a marriage is considered individual property. Therefore, it is imperative to have an agreement in place in order to ensure a clear distinction of what you and your spouse own. The following are the different marital agreement options.

  • Prenuptial Agreement. It is the most appropriate agreement if you intend to preserve your personal property in case your marriage ends. However, it is one of the challenging tasks for engaged couples. A prenuptial agreement serves as a contract between you and your fiancée that details your individual properties and protects them from division in case you divorce.
  • Postnuptial agreement. This agreement can only be created after marriage has taken place. It is meant to protect you in a similar way that premarital agreements do.
  • Separation Agreement. It provides provisions for the division of assets and debts. In addition, it can include mutual agreements on the ways of resolving children-related issues like child custody and child support.

A marriage is a wonderful thing. Its unpredictable nature, however, makes a marital agreement necessary. It is prudent to draft an agreement with your fiancée before marriage to avert court battles that are associated with the custody of children and properties, once a divorce petition has been filed in court.

Seeking Mediation Help from a Colorado Springs Divorce Lawyer

Divorce in Colorado SpringsTo solve divorce settlement issues in an informal and cost-efficient process, mediation services may be the right solution. The divorce mediation can help couples to come up with agreements with regards to financial assets and properties. They can also agree on spouse and child financial support as well as child custody.

The agreements made from divorce mediation will be drawn up for the court proceedings. You need to ask questions about divorce mediation to any Colorado Springs divorce lawyer before making your decision.

Compare advantages and disadvantages

Divorce mediation allows both parties to freely discuss their issues and concerns with the help of a mediator. You have to discuss the small settlement issues and come up with a drawn mutual agreement to save yourself from expensive legal fees.

Know the advantages and disadvantages of divorce mediation to weigh and assess your situation, the Law Office of Gordon N. Shayne urges. The advantages should outweigh the disadvantages to ensure that you get the best value for your time and money. They may vary for every situation.

What to expect in mediation

During the mediation process, issues that may be difficult to settle in court and would take much time can also be discussed. This can be done with or without representative lawyers for each party. If you feel overwhelmed by your partner during the process, you may undergo mediation with your Colorado Springs divorce lawyer. The process can help both parties to come to a mutual agreement that is better than letting the court decide on divorce settlements. These issues may take a long time to settle in a different court proceeding.

The mediation process cannot solve all the divorce settlement issues. If you have undergone extended divorce mediations that are going nowhere, you can decide to stop the process. Draw up and present only what had been agreed in the process and settle the unsolved issues in court.

Mediation: A Helpful Alternative to Courtroom Divorce

Courtroom Divorce

Courtroom Divorce in ColoradoThat divorce is an extremely taxing process should not come as a surprise. Aside from dealing with the expected emotional fallout, divorcing couples will also have to make important decisions together. If you’re in the middle of such a process, you’ll know that coming to an agreement on issues regarding co-parenting, shared property, and the like.  The Law Office of Gordon N. Shayne shares more information below:

Alternative to Traditional Divorce Proceedings

Divorcing couples that fail to come to an amicable decision regarding these matters will typically need to come before a judge to have their differences settled. As you can expect, going through these courtroom procedures can aggravate an already strained relationship and cause more grief for the couple. If you’re hoping to avoid this route, you have several legal options to undertake a less complicated divorce process. Mediation is among such alternatives.

Understanding Mediation

Through mediation, you and your partner will be given the chance to discuss and negotiate the details of your divorce outside the jurisdiction of the court. This is done through the help of a mediator, who will act as a neutral party that facilitate the conversation between you and your spouse. Unlike a judge, the mediator won’t decide on child custody or separation of property.  Their primary goal is to help you and your partner see eye to eye by guiding you both to an amicable decision.

Is Mediation Right for You?

As with any kind of alternative routes, mediation only works particularly well for specific situations. If you’re hoping to maintain a cordial relationship with your partner, then undertaking mediation will make for a good first option. Divorcing couples that are hoping to co-parent their children or those that will need to maintain a professional relationship as business partners fall under this category. If you are in such a situation, you will find that mediation can help smooth out any misunderstandings and resentment you and your partner may have harbored at the start of the process.

As most would know, going through a divorce entails plenty of complications and emotional distress.  That’s why resolving any differences with very little antagonism is an important priority. If you think mediation is right for you, consult with a qualified legal professional within your area.

Insanely High Child Support Fees? You Might Be Paying Too Much

child support

child supportChild support is a necessary expense that comes out of divorce proceedings. By law, non-custodial parents should pay a monthly allowance to cover their children’s needs. Usually, the court creates an amicable agreement for both parties to ensure the non-custodial parent pays a fair amount.

But when it comes to support calculations, when is it enough? How much is too much?

How Child Support Works

During a divorce proceeding, the courts calculate the income of both parents when it comes to their contribution for the child. Their contribution reports how much the non-custodial parent should pay for child support.

There are three factors considered in determining the amount. These include the following:

  • Childcare costs: school or daycare programs
  • Financial income of each parent
  • Age-based needs of the children
What If You are Paying Too Much?

Each state uses a formula to calculate the child support a non-custodial parent should pay. If you are knowledgeable in state laws and still feel you are paying too much, or if you recently suffered a job loss, there are other options available. But keep in mind that despite your ex’s increase in earnings or new marriage, you might still pay the same amount.

Not all non-custodial parents are eligible for child support modification. The courts often have strict rules when it comes to rejecting or accepting modification requests. With these factors, it is important to seek the help of knowledgeable child support lawyer in Utah.

Reducing Fees through Child Support Modification

Appealing with you ex is one of the best ways to guarantee reduction, even on a temporary basis. You can speak with the custodial parent and express your situation. Hopefully, your ex-partner will agree and enter the modification process without a hearing.

If you are not in good terms with your former spouse, you can request modifications through the court. The process requires hearings to present your side, why you need modifications, and why you qualify. The modification also requires proper documentation that proves you incapable of paying the amount due, financial hardships, or why you think it is unfair.

No parent should pay more than what they can afford. Apart from the lack of fairness, the issues can be detrimental for the children of divorced parents.