Family Lawyer – Choosing a Competent Family Lawyer!

If you are looking for a legal representative for any issue related to family law that includes divorce, child custody, child adoption, property related issues, pre nuptial agreements, etc. you must keep the following points in mind. The first and foremost thing to do is to extensively research for a family lawyer who is reputed and well versed with the family law. Since the cases related to family law are quite sensitive, you must make sure you employ an experienced attorney who can handle such issues with care and reduce the pain for his/her client.

It is advisable to inquire for references from your family members or close friends to find a reliable attorney. If you plan to file for divorce, make sure you find a divorce lawyer who is personally known to you or members related to you and not your spouse. In case you cannot get any recommendations, you can search the Internet to find a good online family lawyer. The only thing to be watchful about is to ensure you do substantial amount of research in terms of credibility and fees levied by the lawyer you choose. A good family attorney should be able to negotiate convincingly with the opposition if need arises. This will save your time, money and energy in future.

Are You Comfortable With Your Family Lawyer!

Your family lawyer should be skillful enough to settle your case in your benefit. You should be able to communicate with your lawyer with ease and comfort. Your lawyer should be rational in his approach such that you are sure to be well represented. You should be able to share all the information comfortably and maintain as much transparency as possible. This will help you as well as your lawyer to study your case and present it appropriately. A crucial aspect that must be considered from the beginning itself is the fee charged by your lawyer. Your attorney should be able to give you an idea of the various possibilities and give you an estimate of the fee he/she would charge initially.

Since cases of child custody are very sensitive, you must be vigilant to choose an experienced and competent child custody lawyer. A good lawyer who can handle the issue carefully and also be able to negotiate skillfully should be your priority. If your case is straight, you can get look for a family lawyer who would charge a low fee but if your case is complicated and requires intricate planning and strong presentation make sure you choose a well-known and experienced lawyer.

If you are stuck with a family lawsuit, you must ensure you get the right
family lawyer who will represent your case convincingly. The online family lawyer should be one who can enhance the probability of settling the case in your favor. If you are entangled in a child custody case, look for a specialist child custody lawyer.

Family Court Lawyer – Provides Legal Assistance for Important Issues

The cases related to family are very sensitive in nature, reason being the involvement of close one’s especially children (if any). If you are seeking justice for yourself in any of the cases related to family law, the first and most important thing to be taken care of is to get yourself a reputed and experienced family court lawyer. If your case is quite simple, you can settle for a family lawyer who would charge a nominal fee. On the other hand, if your case is complex and requires a lot of skill and planning, experience and dexterity must be your priority rather than the fee.

A Good Lawyer Makes Your Case Simpler!

It is always safe to work with a known lawyer recommended by your family members or close friends or people who have dealt with the lawyer before. If you cannot manage to find an established lawyer, you must search for an online on the internet to find one for yourself. Make sure to verify the legitimacy and credibility of the attorney you choose. The first interview with your legal representative would give you an idea of how well he/she may be able to handle and present your case and see whether you are comfortable with him /her. You must carry all relevant personal and financial documents with you on your first visit.

Try To Appoint A Specialist!

This will help your legal representative to evaluate your case accordingly. Moreover, you could also get an idea as to how strong are your chances of winning. An important aspect that is to be considered here is that you must choose an attorney who is specialized to deal with your particular case. This enhances the possibility of presenting your case strongly. Therefore, if you are planning to file for divorce, you must employ a divorce lawyer who would specialize in these cases. In matters of child custody, it is always better for the couple to discuss in advance about the custody arrangements and financial details as well.

Another point to be kept in mind is that it is always better to select a lawyer who is from the same state such that he is familiar with the family laws of that particular state. You must also take into account the fee charged by the family court lawyer you choose. Your legal representative can give you a rough estimate of the fee that would be possibly charged depending upon your case respectively. This will also help you arrange for the finances in advance.

Acquiring a good family court lawyer is an indispensable task if you are seeking justice in any of the cases related to family law such as divorce, child custody, child adoption, property related issues within family members, prenuptial agreements, etc. For specific divorce cases, you can seek help from a specialized  divorce lawyer or from online family lawyer.

Divorced Dads Tips: How to Prepare for Family Court

DISCLAIMER: The following is NOT legal advice, nor is it a substitute for legal advice. If you are in Family Court you will need legal advice, so please see a lawyer.

Do you know how the most effective divorced dads prepare for Family Court? Consider the following:

Going to Family Court can be a roll of the dice. But, if you’re experienced with the game, you will know the difference between good and bad bets. The same principle that keeps you from losing your shirt in Vegas, will keep you out of trouble in Family Court.

The most important thing a divorced dad can do when it come to being prepared for Family Court is to know what goes on there before his case comes before a judge.

If you’re not familiar with Family Court–the building, the facilities and the judges–you’re doing yourself a great disservice. Go and watch Family Court. Many dads go to Family Court just to get it over and done with. They overlook a crucial concept.

The problems you face with the breakdown of your relationship did not happen overnight. It took time to arrive at the point where you ended up in Family Court. You will need to face these facts:

1. You will be “stuck” in the Family Courts for an indeterminate period of time.
2. It’s the only game in town
3. You MUST “play” according to their rules.
4. You must play well.

Learn your courthouse, its staff and the judges. Learn how things work in Family Court. Learn whether the paperwork you want to file “upsets” certain clerks and how each particular judge decides things.

When divorced dads understand these principles, they can begin to position themselves well. It’s like watching a ballgame. Study winning teams for strategy. Get a sense of how the referee calls the game.

Just go into Family Court and watch other cases. You can find and attend open motion hearings that occur each week in Family Court. You would be surprised that after a day of watching the same judge, you can predict with about 90% accuracy how that judge will rule. As you watch people do the same things, you learn why people lose. If nothing else, you will learn when to sit down and shut up.

Learn from other people’s successes and avoid their mistakes. Watch how the people who win their cases handle themselves. Take your cues from there.

Your judge will be making the ultimate decision concerning you and your kids. You have to learn how they call the game. Learn how to “read” the reactions of your judge and be perceptive enough to see when what you are doing is working for you or working against you and adjust accordingly.

Watching court proceedings is also the quickest way to find a good lawyer. By watching who seems to be in Family Court a lot and who seems to have a good understanding of how to help fathers, you may find the lawyer you need.

Remember this: It’s no longer about you, it’s about your kids – make the effort. Be better than the good Dad you claim to be. That’s the quickest and least expensive path to success in these matters.

During my divorce, I wished for a divorce roadmap. That’s why we created a weekly telewebcast, to help men like yourself.

If you’ve lost in Family Court, don’t give up. There is always hope. You’ve likely lost because you didn’t understand that winning requires effectively “waging peace” for your children.

If you base your game plan and strategies upon those of successful fathers, you will improve your chances of success immeasurably. You need help from dads who have done what you are trying to do.

Danny Guspie Executive Director of Fathers Resources International can help you learn the successful strategies of fathers who have won in Family Court. Join us on our weekly calls at http://www.DivorcedDadWeekly.com where we will share with you what has worked for many successful divorced dads.

Divorced Dads Tips: Problems & Solutions During Christmas and other Holidays

DISCLAIMER: The following is NOT legal advice, nor is it a substitute for legal advice. If you are in Family Court you will need legal advice, so please see a lawyer.

Divorced dads face many problems during Christmas and other holidays with their children. But there are solutions. Let me share a story about my experience with you:

The worst Christmas that I ever had was spent watching Godfather III in a theater after handing over my kids at 4:00 p.m. to their mom. But there are far worse holiday horror stories. Fathers get told with no notice, “No, you can’t have little Jimmy on Christmas Eve like we originally planned. You can see him for a couple of hours on the 26th.”

Fathers who are successful with holiday and birthday visitation issues don’t leave legal action to the last moment. To ensure the holiday schedule goes as planned, especially if problems are anticipated, you may need police enforcement of your holiday access.

In my opinion, “early” for Christmas means getting started in September or before. Don’t wait until the last minute. In December, the court system slows to a near standstill. Faced with the prospect of not seeing your children on Christmas, slow paced legal proceedings make stress even worse.

In court, don’t wage war; wage peace. Judges don’t care about what is good for you. Present evidence to the judge in terms of how your suggestions benefit your children and a GREAT compromise focused on calming their holiday anxiety. That’s what judges want to hear.

Most courts order that holidays, birthdays and Christmas be equally divided. But put yourself in your kids’ shoes for a moment. It’s not good for the kids to chop a special day in half.

If you don’t get your kids for the holidays, buy them a present anyway. Wrap it and put it away. When you finally see your kids, even if it’s March or June, put on your Santa hat and pull out the present. Your kids will appreciate that you didn’t forget them.

Don’t bad-mouth their mother either. Kids are smart. Kids will figure out what is really going on if you are non-confrontational.

Ultimately, we had to get creative. We celebrate two birthdays and holidays; one with each parent. I’ve celebrated Christmas by surprising my kids days early with a full out celebration. We had a great time because we didn’t get stuck on celebrating on a certain day.

I still get lonely at Christmas. BUT, when I see how the kids turned out, due to the efforts I made to make them happy, especially during the holidays, I know I have been a great Dad. And no one can ever take that away.

Don’t ever give up and don’t ever lose hope. Most judges understand how sad a time holidays are. If you come across angry, you do your kids and yourself an enormous disservice. Be the man you claim to be by example: Be a man of peace and extend goodwill to all. This is the best overall approach and strategy successful divorced dads use to maintain a close relationship with their children.

Remember this above all else: Your example of love, peace and fatherly wisdom is the best present you can give your children for Christmas.

During my divorce, I wished for a divorce road map. That’s why we created a weekly telewebcast, to help men like yourself.

If you’ve lost in Family Court, don’t give up. There is always hope. You’ve likely lost because you didn’t understand that winning requires effectively “waging peace” for your children.

If you base your game plan and strategies upon those of successful fathers, you will improve your chances of success immeasurably. You need help from dads who have done what you are trying to do.

Danny Guspie – Executive Director of Fathers Resources International can help you learn the successful strategies of fathers who have won in Family Court. Join us on our weekly calls at DivorcedDadWeekly.com where we will share with you what works for successful divorced dads.

Divorced Dad Tips: Finding A Great Lawyer

DISCLAIMER: The following is NOT legal advice, nor is it a substitute for legal advice. If you are in Family Court you will need legal advice, so please see a lawyer.

Finding a great lawyer when you are a divorced dad can be challenging. Here are some helpful insights:

Any dad looking to gain or expand visitation or custody rights must do some research to find a lawyer that has a track record in Family Court. Not every lawyer has the knowledge or experience needed to help you. There are specific steps you can take to find the best lawyer for you.

First, check the lawyers track record. He should be able to show you final orders from a court in previous cases that show what the lawyer has achieved. Whatever the particulars of your case, you need to see your lawyer’s track record, to see if the lawyer is capable of obtaining the results you are seeking.

If the lawyer you are interviewing refuses to show you orders, you should tell him that you understand the purpose of a lawyer is to go to court and prove a point. A large part of proving a point hinges on being to present evidence.

Many lawyers will get flustered at this point. But you asking them for proof of their assertion that they have the experience to help you achieve the results you are seeking should not be difficult.

You can add,”I don’t need to see the names of your former clients. But I do need to see that you represented other fathers and assisted them in obtaining a favorable court order in this type of case.”It’s not an unreasonable request – after all you’ll be paying thousands of dollars.

Another thing to consider when looking at the orders the lawyer has obtained is whether they were reached by consent. If an order is on consent, the case was easier than if it was argued before a judge. If the ruling was reached by arguing the merits of the case before a judge, then the lawyer actually had to “duke it out”.

One last thing: If he refuses to show you court orders, move on. Picking the right lawyer can save you lots of time and money. It can mean the difference between winning and losing.

Divorced dads looking to get a joint custody arrangement or even sole custody cannot just walk into court and expect a favorable outcome. The court system can be a treacherous arena.

It can sometimes feel similar to stepping back to the Roman times when they used to throw people in with the lions. Finding a great lawyer requires the right set of skills.

You can win in Family Court if you adopt strategies and tactics of successful divorced dads, most importantly waging peace on behalf of your children, instead of waging war.

Finding a lawyer who understands this and who can show you they’ve been successful in Family Court takes time, patience and effort.

But the results are well worth it: Peace for you and your children. During my divorce, I wished for a divorce road map. That’s why we created a weekly telewebcast, to help men like yourself.

If you’ve lost in Family Court, don’t give up. There is always hope. You’ve likely lost because you didn’t understand that winning means learning how to effectively “wage peace” in Family Court.

It’s definitely tougher to improve and win when you’re a dad in Family Court. Base your game plan and strategies upon those of the many successful fathers. You will improve your chances of success immeasurably. Get help from dads who have done what you are doing.

Danny Guspie – Executive Director of Fathers Resources International can help you learn the successful strategies of fathers who have won in Family Court. Join us on our weekly calls at DivorcedDadWeekly.com where we will share with you what works for successful divorced dads.

When It’s Time to Revisit the Support Order

How long has it been since your order for support was entered before the court? Have circumstances changed since that order for support was signed by the judge? Has there been a significant change in circumstances such as job loss or job enhancement? Has the need for support increased or declined since the order for support was entered?

If you are like most people, you are currently operating under a support order, which is currently out of touch. Whatever the statutory guideline amounted to at the time the order was entered; it’s likely that the terms are not being complied with, under the terms of the order. For example, if the court ordered that 20% of the payor’s net income go towards the support of the minor child, and the payor has had a significant increase in income since the time the order was entered, the child is clearly not receiving what the court nor the legislature intended the child to receive. Play to counteract this, is to bring a motion before the court for a modification and/or increase in child support. The payor will have to produce proof of income, which can include recent paycheck stubs, the most recent year’s income tax filing, and any other source of income that he or she may have received in the last year. The payor may be willing to submit this information voluntarily or he or she may produce such information only after the filing of a subpoena to produce such documents. In any event, once the information is provided, the attorney for the payee can make an educated estimate of what the proper amount of support calculates to at the present date.

The payee may be surprised to see that the payor’s income has increased significantly. The payor may be shocked that he or she must pay an additional amount per month then what was originally ordered by the court.

The bottom line is that the court and the legislature provided a means to determine the proper amount of support. The court also provided the means to go back to court and have the amount adjusted for present day circumstances. The payor also has the ability to petition the court for a proper reduction is circumstances have changed. The goal is to simply get the proper percentage corrected. The goal is not to provide an arena for protracted litigation on the issue of support.

New York City divorce and family law firm handling divorce and family law cases throughout New York City and the surrounding areas. Results driven law firm with experience and skill to handle the most difficult cases.
For more information, visit Divorce Lawyers New York.

Advantages of a Prenuptial Agreement

The Americans for Divorce Reform estimates that forty to fifty percent of marriages will end in divorce if current trends continue. Many are familiar with the term “Family’s that pray together stay together.” The Barna Research Group has proven through recent studies that 29% of Baptists, 25% of Protestants, 24% of Mormons, 21% of Catholics, and 21% of Lutherans have gone through a divorce. With so many divorces its ridiculous that everyone isn’t signing a prenup.

The first advantage of a prenuptial agreement I want to talk about is avoiding legal costs and unnecessary attorney fees if you find yourself in divorce court. If Anna Nicole had entered into a prenuptial agreement or living together agreement with Howard Stern, her assets would not be in question and her living daughter would receive them. A prenuptial agreement will make sure that property will be distributed as the couple wishes, in life or possible death! Any one whose gone through a messy divorce will tell you that a considerable amount of your wealth will be lost to your spouse, legal fees, fees charged by appraisers, expert witnesses, and so forth.

The second advantage of a prenuptial agreement is if you fear your children of your first marriage will not get a distribution of your wealth in the event of a divorce or death you can fix that with a prenup. In your prenuptial agreement youll set forth the details of how your property will be distributed upon divorce or death.

A third advantage of a prenuptial agreement is if you have a family business(es), heirlooms, or other family assets within the family you can protect those assets and distribute them accordingly with a prenup. The descendant’s spouse cannot lay claim to your family assets if he/she is not the intended heir. You can make such family assets immune to claims from the new spouse with a prenuptial agreement.

Another advantage of a prenuptial agreement is you can protect your business assets. Owners of a closely held corporation or partnership can use a prenup to prevent the spouse from obtaining voting rights or claims against the business. In a prenuptial agreement form you can add that your prospective spouse waive all rights to the owner-spouse’s interest in the business in the event of a divorce or death. Also, you can state in your prenup that your spouse will be the new shareholder or partner upon the event of death, and that the remaining owners are required to purchase the descendants share of the business. In the prenup you can even specify how much the share must be sold and the period by which your spouse will receive all the money.

The fifth advantage of a prenuptial agreement is protection against creditors. If one spouse has substantial debts before marriage you can get a prenup to protect the assets of the other spouse from creditors of the debtor spouse. Having the debtor spouse sign a prenuptial agreement that wants to waive the debtor spouses claims to the new spouses assets does this. You can also specify you want the waiver until the event of a divorce or death.

The sixth and final advantage Ill talk about is protection against disposition of property. A prenuptial agreement can ensure that a couple’s property will be distributed according to their intentions. This is a useful feature since often times disputes do arise over how marital property should be allocated. You can also transfer property from one spouse to the other to create separate or joint property rights.

This article was provided by LegalFormsBank.biz where you can download your state’s specific [premarital agreement form] (link: http://legalformsbank.biz/premarital.asp).

Divorce Law

When you have hit a point in your marriage that you no longer wish to stay married there are two options in divorce law for you. You have absolute and limited divorce law to choose from. You will also find that some states have different views on divorce law above the national government. An absolute divorce is a termination based on misconduct in the marriage or a statutory cause. In this case the divorced couple is then considered single. With a limited divorce you will have a separation decree. In this case the divorce law is going to still see you as a couple despite cohabitation being terminated.

You can also choose a no fault divorce is several states. A no fault divorce is where the couple does not have a reason why the marriage failed and there are no grounds being bandied about. Previously in divorce law the judge or court of law would require some time of proof that a party in the divorce had done something wrong such as adultery, or another act. The no fault divorce allows for the divorcing parties to save face. They don’t have to air their dirty laundry in front of others or provide a reason for the divorce. At the end of a no fault divorce the couples are then considered single.

You will also find that in divorce law a divorce decree can be contested. In this case the individuals applying for divorce has issues that the court must work out. Most often a contested divorce involves property or children. In the case of divorce law regarding children the parents must decide on custody. In some instances the mother or father may have restricted rights for seeing their child. There is also the result of alimony. During a divorce the court will take time to observe both parents and find an agreement in a child custody case.

For a contested divorce involving property in divorce law there are certain things to consider. If a prenuptial agreement was signed then the divorce will adhere to the agreement unless grounds are stated satisfactorily. In most contested divorces involving property the judge or court of law is going to divide the assets among the two individuals based on the arguments seen.

Divorce law is one of the increasing industries regarding employment. The United States has seen an exponential growth in divorce cases. It may be related to the new divorce law of no fault or other reasons. In either case you will find that there are several divorce lawyers available in every state. If you need to find a divorce lawyer you may seek referrals, go on the internet and research lawyers, and speak with the law board to make sure you are finding a lawyer that has passed the bar. In some cases divorce law can be settled with out the court of law. In these cases the divorce is amicable and the papers signed in one of the lawyers offices or neutral ground.

Jim Power is writer for the legal website about Divorce Law more information can be found at http://www.lawyermemo.com

Contested Versus Uncontested Cases

It amazes me that so many potential clients do not know the difference between contested and uncontested cases. For example, many who call my office believe that a case is uncontested simply because both parties agree that they want a divorce. What they fail to realize is that each party desiring to dissolve the marriage is just the beginning. For a case to be truly uncontested there needs to be an agreement or resolution to all the issues involved. These issues include, but are not limited to:

1) Grounds;

2) Custody, Support, Visitation;

3) Division of Marital Property;

4) Allocation of Debts;

5) Division of Pensions and Profit Sharing Accounts;

If there are children involved, the list of issues expands. For example, who can claim the child or children as dependants for tax purposes must be resolved? Additionally, who will provide the medical coverage and who will cover any extraordinary or uncovered medical expenses? Who will have the children for the Christmas Holiday, summer vacations and winter vacations from school? Importantly, will there be a life insurance policy, naming the minor children as irrevocable beneficiaries for as long as there is a duty to support the minor children? These and other issues can be very important to the parties and to the court.

What if there is not a complete agreement on all the above issues? Well, the parties have just crossed over into a contested case. A contested case simply means that there are issues involved that cannot be resolved by the parties and there will need to be negotiations among parties and counsel and possible, orders of court. Thus, if there is even one issue in dispute, the case is contested. Albeit, not hotly contested, contested nonetheless.

In such a contested case there can still be ongoing discovery issues. This is where each party requests of the other and must disclose the nature, location and extent of all of their property, assets, and debts. This can be a very exhaustive exercise or simply an effort to force the other party to stipulate. In any event, the cost of a case will increase as discovery efforts continue. Attorneys charge by the hour and must painstakingly review the information submitted by opposing counsel. Additionally, the attorney must review and submit the information provided by his client as well.

Thus, a contested case can involve a much higher degree of work, expense and time. So when a caller states that the case is agreed upon or uncontested, I must ask additionally questions to insure that there are no issues in dispute.

New York City divorce and family law firm handling divorce and family law cases throughout New York City and the surrounding areas. Results driven law firm with experience and skill to handle the most difficult cases. http://www.divorce-lawyers-newyork.com

Considering a Divorce?

What is Divorce, What are the steps of getting a divorce, Cam I get a divorce, How long do we have to be apart before we can get a divorce all these questions are regular questions asked my a husband or wife who are considering a divorce.

Divorce has the definition of the dissolution of marriage the break down the ending of the marriage before either partner dies or the legal act of ending a marriage. A divorce can be annulled where the marriage is made void via the effects of marriage including child custody, distribution of property and spousal support.

I will now explain the process of applying for a divorce and other information you may need to know: –

Either party can make an application for a divorce, the person who makes the application will be known as the ‘Petitioner’ and the other party named as the ‘Respondent’, if there is any other people involved these will be known as ‘Co-respondents’. You will need to prove the marriage has broken down by either of these points: –

• Adultery by the respondent
• Unreasonable behaviour
• Desertion by the respondent for 2 years or more
• Separation for 5 years

The other information you will need to show with your petition for a divorce are: –

• Your Marriage certificate
• Copies of the petition for service on the respondent
• Reconciliation statement (if a solicitor is acting for petitioner)
• Public funding certificate (if applicable)
• Arrangements of statements for any children (where they live and who with, schools they attend, contact information etc)
• Court fees

The respondent who has been served the divorce by the petitioner are served upon them: –

• Statement of arrangements
• Petition
• Notice of proceedings
• Notice of public funding (if applicable)
• Acknowledgement of Service reveals if the respondent is to defend the petition or also has the intention of a divorce, if there has been an agreement for where the children live, access rights etc if this is applicable, if the respondent agrees to pay the court fees and any other processing fees.

If after this processes the respondent agrees to all of the above an Affidavit statement is sent by the petitioner to the Court, this swears that the Petition is accurate. This Affidavit is a written statement, which contains evidence given on oath. Its usually written in numbered paragraphs, you can attach other documents to this Affidavit.

From this point the District Judge considers the Petition and to a decree the divorce, if the Judge agrees a Decree Nisi date is set. Six weeks from this date the petitioner can apply for a Decree Absolute the respondent can apply three months from the six weeks has expired by a court application.

You might be wondering how long this process may take, every divorce is different and so the time it takes to divorce varies from court to court, case to case. The average time is 5 to 8 months but it depends on the type of divorce and if it involves minor children. The help of an experienced family lawyer can help reduce stress when dealing with custody and access battles through the legal process.

Jene is the Webmaster of http://www.divorceconsult.co.uk Divorce Consult who are fully trained Divorce Lawyers here to help you through the process of your Divorce.