Category Archives: Family Law and Divorce

Family Law: the Rules to Determine Custody Status, Visitation Rights

In most states, if a parent has a reasonable apprehension that the other parent will take their child or children for his/her own use, the parent may be able to file a motion for child custody pending divorce. The goal of these motions is to continue to have time with the child and to have visitation time. These motions generally have very little merit however.

Divorce and custody do not have to be mutually exclusive. As long as the divorce and custody process moves along in a timely manner, the court should find that it does not matter whether the parents are separated or not. But if there is a temporary separation, the courts must follow the Uniform Residential Rules to determine child custody status.

A parent who has physical custody of the child can request this while the divorce is being handled. This means the child lives in the home of the parent. But some states allow custody to be shared by one parent while the divorce is being processed. The URRs state that the best interest of the child must always be taken into consideration.

When a child is removed from the home of only one parent because of abuse or neglect, then the custody pending divorce motion will be necessary. It would also be necessary to file an action to terminate joint physical custody in such a situation.

The courts have found that when the father and mother have been involved in a domestic dispute that resulted in physical harm to the child, such as physical abuse, it is possible to terminate joint physical custody and the right to visitation. The courts need to consider many factors before they make a determination about joint physical custody and visitation.

If the child is located outside of the United States, and the parents contest whether or not visitation should be terminated, then it is necessary to make certain the custody motion is filed within the proper court jurisdiction. The mother must file for joint physical custody while the father files to terminate joint physical custody.

In most jurisdictions, the court will issue a custody judgment after a trial. This custody judgment usually states the date and time that the child will spend with each parent. It is important to note that the court may order that the child live with either parent. To get the best advice, get a free consultation with Ft. Lauderdale divorce attorney.

It is very important to maintain contact with the child even if it is going to be with a third party. The courts cannot be sure if the child will grow up and stay with the parent. It is vital that the child and the other parent remain in constant contact to be able to predict whether or not the child will make the right decision in regards to its future.

Family Law: Learning the Procedure in Handling Contested Custody Cases

The Divorce Process according to Oklahoma Family Law and Divorce lawyer is a long one and is surely not a walk in the park. There are so many things that need to be considered by each of the individuals involved in the marriage. In the end of the day it will be you who has to make the final decision on what you want out of the divorce.

Whether or not your spouse wants to leave you, how about if he or she wants to get some alimony, or is unhappy with the amount of child support, your own set of circumstances might end up causing a fight with your spouse. Depending on how much time you have before the divorce becomes final, can help you determine what you can do to deal with these issues during the divorce process.

Custody Pending Divorce – When there is a separation of equal shared parenting of the children, custody pending divorce is the most common type of divorce. The child support amount is usually determined according to each parent’s financial situation. The parents negotiate the custody and visitation schedules, and any issues of joint custody are usually resolved. But, as soon as the separation occurs, the child support factor begins to take over.

Joint Custody – Joint custody is awarded to both parents to have contact with the children at all times. It can be shared parenting where one parent may only have supervised visits, or it can be exclusive or full custody. If you are able to prove that your ex has been physically or emotionally abusive, your custody case may move forward with an award of custody.

Separate Custody – For divorce purposes the courts determine a different custody placement for the children. The court decides the custody and visitation schedule for the children and how the parents interact with each other. It is not uncommon for the parents to be allowed to visit the children together.

Visitation – During the divorce process there are many more options available to the mother than the father. A child support payment is generally required during this time. The mother also has the ability to request supervised visitation.

Child Custody – Child custody can be awarded to either the mother or father during the divorce process. If there is a custody hearing for custody, the court typically bases its custody decisions on the best interest of the child.

Contested Custody – In contested custody the child is allocated between two parents who can present arguments as to why the child should remain with them. During the contested custody hearing the court tries to come to a resolution which both parents feel is fair for the child. The court can only award custody to one parent if the court finds that there is no chance for the child to make up his or her own mind.

Prose – This term refers to the representation of someone who is unrepresented. This person acts on behalf of the client and presents all the facts of the case. Pro se litigants present their own case and do not hire an attorney.

Partially Shared Parenting – In this type of parenting arrangement the parents split some time with the children between them. This is usually in the form of weekly visits and one parent is the primary caregiver.

Permanent Legal – When the legal requirements are met and the marriage is legally recognized this is known as the permanent legal divorce. Legal divorces are only granted when there is a dispute as to the equal division of assets. The assets and debt of the marriage will be considered the property of the marriage.

If you are going through the divorce process, it is important to get as much information as possible regarding the laws that apply. Remember that the more familiar you are with the laws the better off you will be. It is also wise to keep copies of all the documents that pertain to the divorce as well as the medical records and police reports.

How to Win Divorce Cases?: Read On!

It is very important for both parties involved in a divorce case to know the different parts of the law and how to win a divorce case. Many people do not know how to handle a divorce case and they end up with no winner in their case. The laws involved in a divorce case are very specific, so if you want to know how to win a divorce case, you need to know exactly what the laws require you to do and how to do it.

The first part of the divorce law is always the divorce decree. A divorce decree is a written document that spells out all the terms of the divorce, including the division of property, child custody, division of marital assets, and the division of child support.

If you want to learn how to win a divorce case, you need to hire a lawyer to help you. Your divorce attorney will be able to guide you through this difficult time and advise you on how to proceed. A good divorce attorney can give you the legal advice and guidance you need, and help you keep from wasting your time, money, and emotional energy on a case that is not worth your time or money.

The second part of the divorce law is alimony. Alimony is the payment a divorcing couple makes to each other until the former spouse can support the latter without having to work anymore. In a case where one of the spouses wants more time off to take care of children, alimony might be an option, but in most cases, a divorce settlement will determine who will get what amount of alimony.

Also, child custody is another aspect of the divorce law that is covered by the court. Both parents can choose the type of custody they want and they can get visitation rights. In some cases, both parents may be awarded joint custody or sole custody.

Alimony is also a part of the divorce law. It is basically the periodic payments that a spouse will receive until the divorce is over. This part of the law is one that is usually decided by the court, although the spouse who has the lower monthly income may be able to choose this part of the law.

Child support is probably the most common reasons for divorces today. If a person is married and then separates and wants to get child support payments while they are separated, a divorce court will usually look at the financial situation of both spouses and divide up these payments.

Divorce can be very hard on everyone involved. The laws involve the settlement of the divorce and the requirements that have to be met before the divorce can become final, but the legal assistance of a divorce attorney can help save your marriage and your finances.

Learning the Difference Between Spousal Support and Alimony

Under the law, there are certain family situations that involve issues of child support and child custody that are governed by different laws. A divorce may involve a claim of abuse or neglect involving the child, and if the parent who is paying for the support has abandoned the child, and this is contested, then the Court can determine an appropriate amount for support. It is important to understand the relationship between Alimony and Child Support before entering into a divorce proceeding.

Alimony according to divorce attorney Pittsburgh is actually a form of support and is defined as a periodic payment made by one spouse to another for a specified period of time to be paid to help with the costs of raising the children. This form of support has been in existence since many years and was set up to assist couples who were separated. The spouse who is receiving alimony may not be earning income at the time they receive the payments. Alimony is also referred to as maintenance, since the recipient of the support would pay the costs of their spouse if they were to leave the other person. It is not a matter of a marriage that has ended; it is a commitment to the needs of your children.

Alimony according to the best divorce and child custody attorney comes in various forms. You may be able to receive alimony depending on which state you live in, but alimony is something that is unique to your state and has its own set of rules.

Spousal support is a type of Alimony that are being awarded because of a marriage that has ended and is usually referred to as spousal maintenance. The best way to determine your state’s laws on spousal maintenance is to speak with a family law attorney. You need to know how much spousal maintenance is being paid, and what the conditions are if it is being awarded. This is very important if you are applying for a loan, or if your spouse files for bankruptcy.

Child support according to a family attorney in Texas, is a form of Alimony that is typically awarded to a parent who is no longer able to care for their children or the children of the ex-spouse. This may be for a variety of reasons, from disability to medical or legal problems.

Child support is typically awarded for a limited period of time, usually up to ten years, depending on the state. Child support payments are typically given in a lump sum or a monthly basis. The child support payments will be deducted from your spouse’s income. The court will determine the amount that you need to pay per month, so it is important to understand this aspect of your child support agreement if you are going to apply for a loan.

If you have children and are filing for a divorce, then you will want to contact a family law attorney to get more information about the laws that pertain to Alimony and Child Support. These types of agreements are complex, and understanding them can only help you. And by having knowledge about the law, you will be better equipped to negotiate and make a fair deal that your ex-spouse agrees to.

Family Law Fundamentals: Learning the Grounds in Allowing a Divorce

There are some grounds for divorce that are not legal. In most states, these grounds are not available to the parties who want to end a marriage. They are typically things like poor marriage-making, unconsummated marriage, desertion, divorce or an unfavorable judge’s decision. In most states, these are the only applicable grounds for divorce. There are some exceptions to this rule, said Glen Wood, Family Attorney.

The ideal situation is that the court is certain that the parties can reach an agreement to resolve the dispute, and have the matter (and applicable grounds) filed without issue. A divorce will not be granted if a court does not have a good basis to allow the divorce.

Some marriage laws have valid grounds for divorce but have to be combined with other marriage laws to complete the divorce. Some such laws are following a previous marriage, a difference in ages or spouses being willing to cohabit outside of marriage.

It is important to understand the various types of marriage law that apply to you and your situation. Some of these include religious or moral grounds, contractual or property grounds, property or support grounds, parental grounds, child-and-property grounds, adultery grounds, illegal entry grounds, fraud grounds, disaffection grounds, or spousal misconduct grounds. Even if one of these grounds applies to you, it will not be applicable to the other parties involved.

Some divorce laws have other conditions such as you or the spouse in question must not be a victim of domestic violence, for example. This is where a judge would make the final decision. Some courts may not be as lenient when considering the agreements made in the marriage and are able to disregard any agreements made prior to the legal separation, with the agreements being considered null and void. This is referred to as the red-tape divorce.

www.arizonafamilylawyers.org

If you or the other spouse is a victim of domestic violence, make sure you find a divorce attorney as soon as possible. An attorney with experience in these types of cases and the ability to negotiate the custody, division of property, and visitation issues will probably be able to help your case. Property issues can also be difficult to resolve in a marriage. Property including bank accounts, income, and assets are the types of property that are  likely to be divided between the parties and held in trust until the couple are both out of the marriage and a divorce is granted.

Alimony, according to Family Lawyer in Arizona is, a form of property or trust that is usually awarded in a divorce. Alimony is usually granted if one spouse was able to support the other through their lifetime. The same principles that govern other types of property are used to determine who gets alimony and how much alimony is granted. Without a legal basis to grant a divorce, such as the parties agreeing to this, there is no divorce. Instead, the parties will simply file a lawsuit against each other and then work out a settlement agreement.

Family Law: Legal Effects of Annulment and Divorce

Whеn twо individuals decide thаt thеу nо longer wаnt tо stay married, thеу hаvе twо choices аѕ tо severing thе marriage tie: divorce оr annulment. Thеrе аrе ѕоmе parties whо prefer annulment оvеr divorce, however, nоt еvеrуоnе mау bе eligible fоr it. Bеlоw iѕ аn explanation оf hоw аn annulment works, said Family Law Attorney Columbus.

Grounds fоr Annulment

Divorce Attorney TampaIndividuals саnnоt juѕt simply choose annulment in severing thе ties tо thеir marriage bесаuѕе thеrе аrе specific grounds tо justify thiѕ action. Fоr example, ѕоmе states mау оnlу permit аn annulment if thеrе iѕ fraud, bigamy, аn underage spouse, аn incompetent spouse оr thе marriage hаѕ nоt bееn consummated. Othеr potential grounds аrе thаt thе couple iѕ closely related, thе marriage wаѕ coerced оr оnе оf thе spouses misrepresented ѕоmеthing fundamental tо thе marriage.

Legal Effect оf Annulment

A marriage thаt iѕ annulled iѕ diffеrеnt frоm divorce in a wау thаt thе fоrmеr completely voids thе marriage, said Child Custody Lawyer New Jersey. In оthеr words, annulment makes it аѕ if thе marriage nеvеr occurred. In divorce, thе parties dо nоt dispute thаt thеу wеrе legally married. Spouses bесоmе single аgаin аnd аrе free tо remarry. An annulment dоеѕ nоt generally affect thе legitimacy оf a child born during thе marriage with states uѕuаllу recognizing thе child аѕ legitimate if hе оr ѕhе wаѕ born during a marriage in рlасе аt thаt time. Additionally, аn annulment dоеѕ nоt generally affect paternity.

Social Reasons fоr Annulment

Thеrе wаѕ a timе whеn divorce hаѕ a negative social stigma attached tо it. In fact, ѕоmе religions frown uроn divorce, making annulment аn alternative tо gеtting аn unsanctioned divorce bу thе church оr оthеr religious establishment. It iѕ аlѕо common fоr аn annulled person tо bе аblе tо remarry in thе ѕаmе faith, but саnnоt dо ѕо if hе оr ѕhе hаѕ bееn divorced.

Matters Involved in Annulment Proceedings

Bесаuѕе аn annulment basically acts аѕ thоugh thе marriage nеvеr existed, thеrе аrе fewer issues tо deal with. Thе court mау nоt deal with dividing property. Property division disputes mау bе intensive аnd long-lasting. In thiѕ sense, аn annulment саn mоrе quickly dissolve a marriage with fewer issues tо deal with.

However, in ѕоmе states, оthеr matters mау ѕtill bе heard. Fоr example, Nеw Jersey mау ѕtill award spousal support in annulment cases. If thе parties hаvе children together, thе court will ѕtill hаvе tо соnѕidеr child custody аnd support matters.

Advantages оf Annulment

In ѕоmе situations, thеrе аrе сеrtаin advantages tо gеtting a marriage annulled rаthеr thаn terminating thе marriage thrоugh divorce. Fоr example, аn annulment mау protect a person’s property. Sinсе thе law views thе marriage tо hаvе nеvеr tаkеn place, a person’s ownership interest in сеrtаin properties mау bе extinguished thrоugh аn annulment. Thе courts generally trу tо restore thе individuals back tо thе position thаt thеу wеrе in bеfоrе thе marriage, ѕо thiѕ саn hеlр thе better-positioned party.

According to www.tampadivorceattorney.com, an annulment mау аlѕо hеlр a person receive benefits tо whiсh hе оr ѕhе wаѕ previously eligible. Fоr example, if a person wаѕ receiving spousal support frоm a previous marriage, thеѕе benefits mау bе restored аftеr thе subsequent marriage iѕ annulled whеn thеѕе benefits mау nоt hаvе bееn restored if thе person wаѕ simply divorced.

Legal Complications

Whеn pursuing аn annulment, however, thеrе mау bе a nееd fоr a thоrоugh investigation intо thе circumstances surrounding thе marriage. Thiѕ mау tаkе additional timе аnd resources. Tо prove thе grounds fоr thе case, fоr example, аn expert witness mау bе necessary.

Questions to Ask Yourself When Considering Divorce

Chances are good that you have very little knowledge of the inner workings of the legal system if you are like many of us. Many people will need a lawyer in their life at one time or another and not know what to do, however. Thankfully, the below article contains great advice on doing this.

If you have been facing a divorce, you need to find a lawyer who is expert in divorce immediately. Make sure that you do not try to go forward with anything yourself, as this can put you in a situation where you may break a law. Lawyers have the experience necessary to take care of your situation.

Don’t hire a lawyer that finds you. These guys are usually scammers and will take you for a ride, making your issue worse than it already is. Take the initiative to reach out to prospective lawyers and exercise your right to control the situation.

A real estate lawyer is essential for any and all real estate legal issues. They’ll get the case done and over with positively and quickly. Since you are facing a divorce, you don’t basically hire a real state attorney but someone who is expert in divorce and family law. To learn more of these, visit www.thedivorcelawyerschicago.com.

If they know any good lawyers, ask your family and friends. Talking with them should help you narrow down which lawyer you are interested in working with. Their personal experience will work to your benefit.

When you’re uncomfortable in the presence of a particular lawyer, do not hire them. The same applies to their fee schedule. Do not give your lawyer a blank retainer check with your signature on it. Ask what the costs are estimated at, before you get involved.

Ask other people in the same business for recommendations if you need a lawyer for a business matter. If possible, contact the people who might be likely to have worked with lawyers before. For example, if you are interested in a small business lawyer, you should talk to a realtor, accountant or banker. Those who stay in contact with lawyers often can give better recommendations.

Before, has your lawySt. Pete Divorce Attorneyer worked on cases like yours? Stating that he or she specializes in that type of case does not mean they have experience. According to www.stpetersburgdivorceattorney.com, you should think about hiring a different lawyer for your situation if your lawyer is not willing to provide you with information on their past cases.

Be careful about handing retainer cash over. If he asks for a lot of money, make sure you will get a refund if he doesn’t use all the money. If possible, choose a lawyer who only requires a small retainer and charges you more later.

When choosing your lawyer, be sure to look at their reputation as deeply as you can. Look for reviews online and contact your local bar association to find out more about the lawyers you are interested in. This may save you a great deal of stress, money and time down the line.

It can be very difficult to make your way through the legal system. This article should serve as a base for future research. If you want to find success in finding a good lawyer that you can trust and respect, you definitely need to put the information that you read above to work for you in your important search.

Looking for an Expert Divorce Lawyer?: Read this Helpful Advice!

How can anyone know how to search for a lawyer? Given the large number of lawyers these days, it is often tough to tell the good from the not-so-good. If you need help with finding a good lawyer, read this article.

Don’t hire a lawyer who presents himself as your representation. These are scams that can financially hurt you, typically. Spend some time researching lawyers and get the very best one you can.

Hire a lawyer that is accessible. Many people who hire lawyers complain about the difficulty of reaching their lawyers. If you’re left in the dark, it’s not going to be pleasant. Visit one of the best family law firms in Georgia to get more relevant tips viz a viz this issue.

It might not be a bad idea to have an attorney on retainer if you’re anticipating future problems. This will prevent you from rushing to look for one in the case of an emergency. With having someone already retained and ready to go, you’ll never be left with lingering legal questions. Consult to a great family lawyer in Georgia and get the best services of a lawyer.

Everything you tell your lawyer has to be kept confidential. This means he can’t discuss it with your family, competitors or anyone else, including the court.

Use the advice given to you by your lawyer, but remember that at the end of the day, they work for you. If you aren’t comfortable, make sure to let them know. Although you lawyer wants the best for you, keep in mind that your case is not the only one they are working on.

Ask plenty of questions when meeting with your lawyer. Your lawyer should explain everything they do and keep you up-to-date on a regular basis. You probably need to hire another one if your lawyer fails to explain things clearly and thoroughly.

If you do not know a business lawyer but need one you should ask people for a recommendation who already have one. They may be able to share the name of a great attorney they had success with in the past. For example, if you are interested in a small business lawyer, you should talk to a realtor, accountant or banker. This group of people may be able to provide better information than an impersonal bar association.

Divorce lawyer in GeorgiaFind out whether or not a lawyer has experience with your particular problem. The fact that a lawyer advertises that his specialty is arguing cases like yours will not guarantee he will win your case. The lawyer should provide it for you if this information is not available online.

Look at how friendly the staff is in the prospective lawyer’s office. When you call, make a note of how quickly your call is returned and how approachable the receptionist sounds. If that office takes a while to return any messages you leave, this may be a hint as to how you will be treated as a client.

It is also a good idea to have your general lawyer refer you to another lawyer who is an expert in your case. Most lawyers will specialize in one particular field, so your lawyer is the best person to help you find the specialist you need. If you are already a lawyer’s client, he will also be invested in your satisfaction, so he is the most likely to give you good advice.

When meeting with a prospective divorce lawyer, make sure you are prepared. They get paid hourly. When you are looking for paperwork or asking them to wait for you, you are paying for their time. If you properly prepare yourself prior to meeting with them, you will spend less and have a resolution.

Finding the right lawyer for your situation can take some time. It is best that you do a thorough search instead of choosing the first attorney you come across. This article gave you the advice you need, so make use of it today.

Necessary Things to Do Before Filing for Divorce

There’s no such thing as a minor legal woe, and you do not want anything less than the best. It may not be so easy finding a good lawyer, but it’s definitely in your best interest. The following article will give you some great advice for choosing the right expert and experienced divorce lawyer like David Hurvitz – Tampa Lawyer for your case.

Hiring a lawyer should be the first thing you do if you are in trouble with the law. Trying to handle everything yourself can leave you in a compromising situation. Only a lawyer is qualified to handle the nuances and details of your case, said Columbus Family Law Firm.

Get a good real estate lawyer on your side if you have to deal with a real estate matter like buying or selling a home or a dispute about property you own or previously owned. This will ensure you get the best person to handle your case.

Divorce AttorneyYou shouldn’t just hire the first lawyer you come across. Blindly choosing a lawyer is never a good idea. When I bought my first home, the real estate agent referred a lawyer. I accepted the referral, and I was surprised to learn that the lawyer had been sued for malpractice and was no longer licensed. Therefore, you need to be cautious.

Work with your lawyer to figure out the best time to get together with them. Many lawyers are not the best when it comes to communication. Having a set schedule beforehand can prevent this from occurring.

Ask your friends and family if they know any good lawyers like one from columbusfamilyattorneys.com. You can get great suggestions for lawyers this way. Not only will this help lessen the time you need to research, it could be very good for your own legal needs.

Before hiring a lawyer, establish a budget. Make sure you can afford a a good lawyer before filing for a lawsuit, even if you have a good case. Check out the fee structure being offered by each lawyer. You should also talk to potential lawyers face to face about how much you can afford and what you want to accomplish. Know what cost overruns are possible.

Look into the background of your lawyer by investigating their background through the bar association. If there are complaints, you will want to know about them beforehand. A few complaints is the norm however, give a wide berth to those who have numerous ones.

Use a legal referral service to find an attorney. They can assist you in locating excellent lawyers. Check the standards for any service you choose to use to find a lawyer some services have very detailed lists. Some others tend to include any lawyer with the requisite level of liability insurance. Determine what the sites qualifications are before using any referral service.

When working in cooperation with a lawyer, you must communicate clearly and completely. If your lawyer needs something pertaining to deadlines for your case, be sure you give it to them. This can only help your case.

If you need a lawyer, choose one who specializes in the issue you are dealing with. Whether it be a family related or divorce, lawyers specialize in it all. Researching this aspect of a lawyer’s profile in advance can prevent you from wasting lots of time.

Pay attention to how friendly the staff of your lawyer’s office is. See how prompt they are and analyze the surroundings. If it takes a lengthy period of time for your information to be relayed to the attorney, you can expect this behavior to continue after you have hired the attorney.

A legal entanglement is never good. They can often wind up costing you much more time and money than you expected, particularly if you do not have a good lawyer on your side. With any luck, this article should have helped you with tips for navigating our court system and winning your case.