Menu
X

Category Archives: Divorce

image
2 years ago Divorce

Everything You Need to Know About Divorce Lawyer Costs

Divorces are frustrating enough as it is. Not only are emotions running high but also you’re dealing with some pretty big decisions.

All of that causes a lot of stress. In fact, divorce ranks second on the Holmes-Raye life stress inventory.

Worrying about what the lawyer will cost, and how you will pay for it, just makes everything worse.

Let’s take a look at some common divorce lawyer costs. The more you understand how the fees work, the less you’ll have to stress about it.

Divorce Lawyer Costs Breakdown

The average cost of a divorce is about $12,800. But the actual cost of your divorce can vary widely

A lot of factors affect this. Uncontested divorces are the cheapest and easiest. Contested divorces are the ones that you see getting ugly and expensive. If there are children involved then you’ll have to tack on child custody lawyer fees as well.

Here we’ll give you a quick explanation of the different types of fees that you may encounter when dealing with a family law attorney.

Consultation Fees

This is the cost of your initial consultation with your attorney. Some attorneys offer free consultations. Others may charge a flat or hourly rate for the meeting.

Contingency Fees

It is not common to see contingency fees in family law, but they do appear on occasion. These fees mean that the attorney receives compensation if they win the case. This usually translates to a percentage of the monetary amount awarded.

In child custody and other family law matters, the courts may prohibit lawyers from earning contingency fees.

Flat Fees

A flat fee is a very simple fee structure. The lawyer charges a set amount and that’s what you pay. This is most commonly seen in uncontested divorces that appear to be simple from the start.

Hourly Rates

More commonly, however, divorce attorneys charge hourly rates. This means you will be billed their hourly rate for every hour they spend working on your case.

What makes this a little more confusing is that the hourly rate is not always the same. Some lawyers charge differently for administrative tasks vs going to court.

Attorneys that work in large firms will sometimes hand the more menial tasks to paralegals or less experienced associates. In that case, those hours are typically billed at a cheaper rate.

Referral Fees

Sometimes when lawyers refer one another they request a referral fee. This is usually a portion of whatever you end up paying total for the case. The fee, however, must be reasonable and you can decide whether or not to agree to it.

Retainer Fees

The retainer fee is an upfront set amount that you pay for the attorney to begin working on your case. It’s kind of like making a down payment. As the attorney works on your case, the cost of services is deducted from that amount.

Clear as Mud

Depending on the particulars of your case, you still might find divorce lawyer costs to be as clear as mud. But we hope that this quick explanation of fees and terms commonly used in family law will help you to make sense of it all.

To learn more about everything legal, feel free to visit our blog.

image

How Long Does a Divorce Take in the US?

When people tie the knot, the last thing they’d ever have imagined was it ending in divorce. However, married life is not a smooth road, and sometimes the best option is calling it quits, especially if children are involved. If you’re looking to get a divorce, there are various options available. You must take in all the various factors, though, before serving the papers for a divorce, such as how much the divorce will cost and how long before the divorce is final. If you’ve tried everything from marriage counselling to spending time apart, only for your marriage to continue not suiting you and your partner, here’s how to get a divorce in the US.

Why Can a Divorce Take so Long?

Marriage laws and divorce laws are decided on by state governments, which is why getting a divorce can take anything from a matter of months to a couple of years. Issues such as property, debt, custody of children and spousal support can all impact the timeframe of you getting a divorce, and all the factors mentioned above will need to be decided on by the court. If you’re serious about getting a divorce, be prepared for it to take some time.

What are the Different Types of Divorce?

Divorce laws do vary, however, there are three approaches that can be made. They are as follows:

No-fault divorce – No allegations or proof of fault have to be made. Couples can file for a no-fault divorce due to incompatibility, irremediable breakdown of the marriage or irreconcilable differences.

At-fault divorce – This is when one party is taken to be at fault. Various claims can be made such as adultery, inhuman or cruel treatment. An at-fault divorce usually takes longer because the allegations must be proven at a hearing or trial.

Uncontested divorce – This type of divorce is considered the quickest, where it can take from one to a few months. However, both parties must sign the required papers, including a marital settlement agreement. Mediation will be available to help them come to an agreement, which can then be put in front of the judge. Legal advice is not necessary for this type of divorce. However, seeking the help of an Oceanside spousal support attorney will ensure your best interests are taken care of when it comes to being properly supported once the divorce is over.

The Steps Involved in an Uncontested Divorce

First, the person requesting the divorce must file a Summons with the court. The other party in the marriage is also served the Summons. If they agree to the serving of this document and sign an affidavit, the divorce papers can be filed with the court straightaway. They have 20 days in which to reply. Papers are filed with the court clerk’s office in the county where the plaintiff lives. Once this has been done, it is down to the court to finalize the divorce. The time varies but can take from several weeks to a whole year.

If you’re worried about the timescale for your divorce, the best thing will be for you and your spouse to co-operate with each other as much as possible. Being prepared to resolve legal issues together will also help with the expedient timing of the final order.

image
2 years ago Divorce

Differences Between Alimony vs Spousal Support

Spousal support is the fodder of celebrity reality TV shows and popular media, but it’s no longer the juggernaut it was. And what is alimony?

California Alimony Calculator

In 2010, U.S. taxpayers claimed only wrote off $10 billion in alimony from a total of $142.892 billion in reported taxes. Alimony is grossly underreported on taxes, but even if those figures were correct, $10 billion in California alimony calculator payments is equivalent to only 0.069% of all income reported and know about what is alimony.

What About Spousal Support vs Alimony?

When you factor in the high divorce rate, it becomes clear that alimony isn’t a reality for many divorced couples.

Still, alimony remains a cause for concern among those considering divorce. The concern is in part because California alimony calculator poorly understood about spousal support and alimony.

The legal terms alimony and spousal support are both used to describe maintenance payments paid from one spouse to another after the end of a marriage. But what’s the difference between spousal support vs alimony? And also the question what is alimony?

Keep reading, and we’ll share everything you need to know about alimony and who needs to pay about spousal support and get quick divorce without any attorney ?

Spousal Support vs Alimony: What’s the Difference?

Is there a difference between spousal support vs alimony? And what is alimony?

The short answer is no. Here’s how they differ:

What Is Alimony?

California alimony calculator is a dated legal term that refers to “a husband’s or wife’s provision for a spouse after separation or divorce.” Simply put, it’s a maintenance payment. It has origins in 17th century English and is derived from the Latin word alimonia, which means nutriment and this the regular term of spousal support.

what is alimony

Alimony with Spousal Support

Spousal support is a gender-neutral term that refers to “payment for support of an ex-spouse (or a spouse while a divorce is pending) ordered by the court.”

Related read: How much do attorneys charge? Visit AttorneyFee to compare how much do different attorneys in your area charge for the same legal service.

Why Switch the Words of Alimony?

California alimony remains the most popularly used word when referring to maintenance payments between ex-spouses, but the term spousal support continues to grow in popularity.

The state of California alimony calculator began using “spousal support” as part of a system of non-confrontational language. It since spread to other parts of the country differ between spousal support vs alimony and what is alimony.

Spousal support is a more positive term with fewer negative connotations compared to the long history of California alimony calculator. Changes in the language of divorce proceedings became more important as divorce laws in the United States shifted.

For example, the introduction of the no-fault divorce in 1970 changed the landscape of divorce dramatically. No longer did spouses need to prove abuse or adultery to end their marriage. The State no longer saw reason to force two people to remain in a marriage when they did not want to be in a marriage.

In a no-fault divorce, there is no need for the filing spouse to prove that the end of the marriage is the other spouse’s fault. Any legal reason recognized by the state is available as grounds for divorce and also they ask for what is alimony.

When two married people legally end their marriage using a no-fault divorce, they may say their marriage is dissolved. The process may be referred to as difference between spousal support vs alimony and the “dissolution of marriage.”

Spousal Support Is Evolving

The language used to discuss payments made between former spouses after divorce isn’t the only thing changing. Our whole system is experiencing reform with spousal support and the question of what is alimony.

Popular Belief about the Alimony System

It remains skewed towards men paying women at the end of the marriage. Numbers reflect this perception: the 2010 census showed 3% of all 400,000 recipients are men. Three percent is a dramatic uptick from the 2000 figure when only 0.5% of alimony recipients were men and know about spousal support and alimony.

While only 3% of California alimony calculator recipients are men, 40% of today’s households feature a female breadwinner. Though, anecdotal evidence and cultural attitudes play a role: judges are less likely to award spousal support to a man, but divorce attorneys also suggest men are less likely to ask for it.

Recently, more women are asked by the courts to pay California alimony to their former partners when the woman was the primary breadwinner in the relationship.

Gender Roles Aren’t the Only Thing Evolving

Out of the two post-dissolution payments – child support and spousal support – child support is far more common than spousal support and alimony.

Even in the 1960s, only 25% of divorce cases mandated an alimony payment. Today, the figure averages at 10% with it dipping below the mark in some cases.

Now that women are asked to pay alimony more often, the case against maintenance is once again reopened. For anti-spousal support advocates in around of what is alimony, it’s unfair for men just as it’s unfair for women in spousal support.

The concept of permanent alimony draws particular ire from both sides. Permanent alimony requires sending a check to the ex-spouse until their death.

As a result, divorced breadwinners are fighting back. Today, alimony is unlikely to be awarded without first being fought by a costly legal battle

Some states are also in the process of changing their alimony laws.

Kansas, Massachusetts, and Texas all restrict California alimony calculator and support cases to a period where the money is used to help the lower-earning spouse get on track financially or to send them to school and give knowledge about alimony vs spousal support.

It recognizes that creating two new households out of one is financially costly and that both should have the opportunity to maintain living standards, particularly when the two former spouses intend to co-parent.

These states suggest that everyone can work, and so they should earn their own money after the divorce.

Some exceptions are included. Long-term spousal support is still sometimes available to couples divorcing in their retirement years or when the lower-earning spouse is disabled in alimony vs spousal support.

Additional changes in law attempt to make the system fairer for the paying spouse. For example, New York brought in new spousal support laws in 2016 that limited payments according to the duration of a marriage. It also restricts a court’s ability to set maintenance amounts according to future earning potential, which prevents alimony payments from growing as the workers’ earnings do.

When Might I Have to Pay Spousal Support?

Spousal support isn’t as universal as the media makes it sound. If you live in a state that’s recently reformed its alimony laws, it’s likely you’ll need to fight for alimony payments.

To understand when spousal support becomes relevant in a case, let’s return to the purpose of alimony. Alimony isn’t a reward for marrying a high earner or a consolation prize for a divorce.

Alimony exists to limit the economic effects of divorce for lower-earning spouses and avoid unfair circumstances in alimony vs spousal support. It exists so that if one spouse quit their job to care for children and child custody, they aren’t left out on the street when they get a divorce.

The purpose of California alimony calculator is to give the lower-earning spouse time to gain the skills and employment they need to maintain their standard of living.

Alimony amounts used to be determined by what the high-earning spouse brought home alimony vs spousal support.

Thanks to the Uniform Marriage and Divorce Act, judges now look at:

  • Age and physical, emotional, and condition of each spouse
  • Length of time support is sought for
  • Standard of living when they were married
  • Length of the marriage contract
  • Ability to pay

Awards vary by state and by the court, but if you earn significantly more than your spouse and you’re unwilling to help them set up a new household without court-mandated payments, then you may be sued for spousal support. To calculate your alimony in NJ here and know is your Alimony calculator NJ

What If My Ex-Spouse Was Abusive?

If you’re divorcing from an abusive spouse in domestic assault, things change.

Because of the change in attitudes about divorce, a no-fault divorce may be your only option in your state. In a no-fault divorce, you can’t cite domestic violence as grounds for divorce. However, you may still introduce it into evidence.

Abuse affects spousal support primarily when the abused spouse was financially abused in California alimony.

Financial abuse is a type of emotional abuse and it takes many forms, but the underlying intent remains similar in many cases: one spouse uses the couple’s money to prevent the other from leaving.

Some signs of abuse include:

  • Micromanaging finances
  • Cutting off access to liquid acids (taking away debit card, changing online banking passwords, removing names from accounts)
  • Preventing a partner from earning money
  • Providing a strict “allowance”
  • Demanding repayment for household purchases
  • Spending money on personal purchases and not providing for joint purchases

When a court sees financially abusive spouses, it often denies any alimony asked of the abused. Some states, like California calculator, directly prevent you from having to pay spousal support to an abusive spouse.

If you’re going through a divorce with an abusive spouse, you may choose a criminal lawyer like The Benari Law Group

Do I Have to Pay Spousal Support?

If a judge mandates spousal support, you must pay for it.

However, spousal support doesn’t come with same legal teeth as child support. Parents who fail to pay court-ordered child support may see their wages garnished or experience other forms of legal recourse.

The only way to force your ex to pay alimony is by California alimony holding them in contempt of court.

Spousal Support Isn’t What You Think

There’s no difference between paying spousal support and California alimony calculator and what is alimony, but the whole concept has evolved significantly over the years. You’re less likely than ever to be on the hook for your ex’s finances compared to a generation ago, and if you’re a man, you’re more likely to receive support if you’re the low-earning spouse.

Are you seeking spousal support or hoping to get out of your divorce payments? Visit our divorce lawyer directory to learn about your options.

image
2 years ago Divorce , Family Law

What to Do When Getting a Divorce: The 7 Most Important Things You Need to Know

Thinking of getting a divorce? Before you file, there are some things you should know.

A divorce will affect your relationship with your spouse, your finances, your children’s lives, and your future.

If your spouse is on board, filing for divorce is a straightforward process. However, if not, there are a few things you need to do in advance to protect yourself.

To make it a smoother transition, make the necessary preparations before filing. Keep reading to find out what to do when getting a divorce.

1. Discuss Custody Options

If you and your spouse are on the same page, the logistics of filing for divorce are much simpler. You can have a conversation regarding your children if you have any.

But, before that conversation happens you need to decide some things for yourself.

Knowing you may have to share custody, what is your ideal custody schedule? How much time can you ask for with your children? What would be a fair request?

Go over your schedule and your children’s school and extracurricular schedules. Explore how you can share the responsibilities fairly.

2. Find an Attorney

It’s crucial that you find a lawyer you trust and feel comfortable with. You may need to interview multiple attorneys to find the right Salt Lake City divorce lawyer for you.

Inquire about their experience in family law and their outlook on your case. Ensure they understand your goals and are on the same page as you.

Also, pay attention to how much they talk and how much they listen. You need a lawyer who will listen to your concerns and find solutions based on your unique situation.

Attorneys have different fee levels depending on their experience, the city, and the work required in your case. While you shouldn’t sacrifice quality for cost, decide how much you’re willing and able to spend in advance.

Finding an attorney is easy; finding the right one may take some work.

3. Sort Out Your Finances

Before filing, you need to get your finances organized. You’ll need documentation of everything for your case.

Some people make a marital balance sheet to outline all assets and debts. It specifies what you own and what you share with your spouse, and any debts under your name.

Collect your recent pay stubs and income statements. If you have joint bank accounts, don’t close them or withdraw your part of the money without your attorney’s advice.

It’s helpful to run a credit report to see if/how much repairing you’ll need to do.

4. Build Individual Credit

A common challenge facing divorcees is building credit under their own name. They may have existing credit, but it’s tied to their ex-spouse’s.

It’s never to early to start working on this.

Order a credit card in your name. Use it and pay it off in full every month. This is crucial to be able to buy assets and get loans in the future. You can do this long before filing for divorce.

5. Figure Out Where You’ll Live

Unless you need to leave an abusive situation immediately, you might not want to move out of your shared home right away. That’s okay; take this time before filing to decide what you want to do.

Whether you plan on moving or staying, you should continue making mortgage payments so that the judge sees that you’re interested in the property. If you move out and stop making payments, that might signify that you don’t care about this asset and it could potentially be given to your spouse.

Instead, continue to make house payments whether you remain living there or not.

As for where you want to live, you may want to consider proximity to your children’s schools and your work. Do you want to live in this home long after the divorce is finalized? Or start fresh somewhere new?

6. Create a Post-Divorce Budget

It’s never too early to create a rough budget for after the divorce.

You may not know all the exact numbers right away, but you can estimate where possible. You should compile a list of your expenses, including any additional ones from the divorce (spousal support, retainer fees, etc.).

Doing this in advance can help your attorney get you a fair settlement. Knowing how much you need to maintain your quality of life informs how much to ask for.

Creating this budget might result in you realizing that you need to get a second job or sell some assets.

Your life is going to change after the divorce, not in the least your finances. Being prepared will eliminate some of the stress that may come after filing.

7. Find Your Support System

Before you file for divorce, you need to have a support system in place.

Divorce can be an emotional and traumatic life event. You may be excited to be out of the marriage or deeply upset by it. No one would be surprised if you need some extra support.

It’s best to seek support outside of your ex-spouse’s family and friends.

Here are some options for finding support:

  • Therapy or counseling
  • Community center divorce support groups
  • Online forums for divorcees

Be open to talking with acquaintances who have gone through this before. Positive and encouraging influences will make the transition into your new life smoother. For instance, if you decide to change your name after the divorce, let your friends or family help you with the name changing process and make it less painful.

Still Not Sure What to Do When Getting a Divorce?

The filing process can be stressful and tiring, depending on your case. Having the things mentioned above in order before you file will remove some of that stress.

It’s never too early to get organized with your finances and your goals. What is your best possible outcome? What do you want to happen?

Making a plan allows you to focus on something productive.

For more information about what to do when getting a divorce and how to file for divorce, check out our blog.

image

The Different Types of Child Custody, Explained

American marriages have about a 50% survival rate, which means the other half end in divorce.

While divorce can be stressful, it can be even worse when children are involved. No parent wants to put their children through a messy child custody case. Family law battles can be even more painful than the divorce itself.

If you’re reading this article, it’s likely that you want custody of your child. However, there are many types of child custody.

Before you end up in family court, learn more about the types of child custody in the guide below, brought to you by Kirkland Family Law.

Legal Custody

Who is allowed to make major life decisions on behalf of the child? This is where legal custody comes in.

This is a common type of custody, and oftentimes, legal custody will be shared jointly. This allows both parents to make decisions for the child, like for their schooling, medical treatment, or religious upbringing.

Unfortunately, unless you have a flawless relationship with your ex-spouse, conflicts can arise from joint child custody. Parents don’t always agree on how a child should be raised. Joint legal custody can get expensive when you need local attorneys to step in and resolve disputes.

Physical Custody

Physical custody is exactly what it sounds like – it determines who the child will live with.

Again, this type of child custody can be allowed jointly. That means the child will spend time in each household. It is important to note that joint physical custody does not always mean each parent will have the child exactly 50% of the time.

In fact, having joint physical custody does not necessarily mean you will have joint legal custody. One parent may have the child live with them half-time or part-time, but not be allowed to make major life decisions for the child.

Sole Custody

This type of custody is also self-explanatory. Only one parent in the “custodian,” granted full custody of the child, while the only parent may only have visitation rights. In this case, only one parent has legal and physical custody.

This method may be less disruptive than shuttling a child between two households, but family court does not prefer it. In sole custody cases, one parent has extremely limited contact with the child, which can negatively affect their development. Of course, in dangerous cases, this method may be necessary.

Bird’s Nest Custody

Bird’s nest custody is the most unusual and least common form of custody. It involves the child staying in the home, with the parents moving in and out.

Of course, both parents must have another place to stay when they are not in the child’s home. Although it sounds complicated, this arrangement is the most stable for the child.

Help with Child Custody Cases

Understanding the types of child custody is essential to winning your custody case. It will help you articulate what you need from your lawyer, which helps them achieve the result you want.

Custody cases are no walk in the park. You need experienced family lawyers in your corner. If you’ve got questions, use our Law Directory to find someone with answers.

image
2 years ago Divorce , Family Law

How to Know if You Qualify for Spousal Support

Getting a divorce is a done deal. Now you might be going into panic mode because you rely on your husband or wife for financial support. How are you going to live?

Right now, you can’t pay for your everyday costs on your own or, you need some time to get back on your feet. Don’t go into panic mode just yet. You may qualify for spousal support.

If you are here it means that you are getting divorced, and want to know if you qualify for spousal alimony. Don’t know how to find out?

Don’t worry! We have you covered.

Ready to learn more?

Spousal Support: The Basics

Before we tell you how to qualify for alimony, we’ll go over the basics of spousal alimony. What is spousal support? What are the types of alimony?

Spousal alimony is a payment made every month by a spouse to the other after a divorce. In many marriages, one of the spouses is who provides most if not all of the financial support.

When these couples go through a divorce, the disadvantaged spouse remains unprotected without the financial support from their spouse. Here’s where the alimony works as a safety net for the suffering spouse.

Types of Alimony

This support can be temporary or permanent depending on the case. When temporary alimony is provided, the spouse will receive the aid for a certain amount of time. In many cases, this type of alimony is provided so the spouse can get back on their feet maybe get back on the job market, relocate, among other costs.

This type is also known as a rehabilitative alimony. This support is given for as long as necessary for the spouse to become self-sufficient.

Another type of alimony is reimbursement alimony. Here, the support is given to the spouse in return for the expenses that occurred during the marriage.

An example is when a wife attorney puts their husband through medical school. The husband may be ordered by the court to repay all the expenses for medical school to their wife. These payments will extend till the total amount is paid off.

Spousal alimony can be permanent, meaning that it will be paid until death or till the spouse remarries. This type usually applies in long marriages or, when the spouse is ill. Alimony can also be given as a lump-sum, but it depends on the case and the agreements between the spouses.

How to Qualify for Alimony?

You might be thinking, any of those types of support sound like a good option for you. But, what are the requirements for receiving alimony?

It will depend on your case but, there are questions you can ask yourself to have an idea if you qualify for spousal alimony. Do you work full time or part-time? If you aren’t employed, why aren’t you working?

Was it to stay with your children? Were you working when you got married? Are you in good health?

These are just some of the questions; you can ask yourself to know if you may qualify for alimony. It’s recommended you meet with a lawyer, to get a clearer idea of what’s your best option, and if you qualify.

When you meet with your lawyer, don’t forget to discuss your needs. If you qualify for alimony, your financial needs will determine the alimony you may receive.

How Much Alimony Will You Get?

Now that you have an idea about if you qualify, you must be asking yourself so how much will my spouse pay me in alimony? There isn’t a set formula you can follow to calculate your spousal alimony.

The court will decide based on factors such as your cost of living, if the children will remain with you, job prospects, and duration of the marriage, among others. Every divorce is different; therefore not all alimony is determined the same way. The circumstances and divorce agreements will be crucial in the amount you’ll receive.

Financial Need

This is one of the most important circumstances the judge will evaluate. They’ll be looking at your financial need from the self-sufficiency standpoint. This means that if the children are going to stay with you, they’ll look at your finances to check if you can support them and yourself.

If there’s a void in that need, the judge will use spousal alimony as a tool to fill it. Also if you got divorced in a state where the cost of living is high, you may receive more alimony than in other states.

Standard of Living

For many payers of spousal alimony, this is their weapon of choice to try to lower their payments. They tend to try to swing the judge their way saying that they shouldn’t be paying more in alimony according to the standard of living.

An example of this is when the supporting spouse earns a salary of $1 million a year and, asks the court to assign a payment of $50,000 in alimony payments to the other spouse. Asking this is unreasonable because we know that the spouse standard of living wasn’t $50,000 a year.

Other Circumstances

In many cases, the duration of the marriage, age, and health of the spouses will be key in the assignment of spousal alimony. The judge probably won’t assign any alimony if the marriage only lasted about 2 years.

If children are involved, then the duration of the marriage won’t be crucial in the assignment of alimony. Age and health of the spouse are very important factors in the assignment of spousal alimony. An example is, if the spouse is disabled, they won’t be able to work.

In this case, the judge will assign alimony due to the circumstances. Age can also determine the assignment of spousal alimony.

An example is if the spouse is 50 or older, and has never worked, they will have a hard time or won’t be able to find a job. Therefore the judge will assign alimony to the spouse due to the difficult situation they’re going through.

Wrapping It Up

Now that you know everything there’s to know about spousal support, you’ll have a better idea of what you’re entitled during your divorce. Getting the amount of alimony you deserve, and need may be difficult. Yet, this won’t be a headache if you cover your bases, do your research, and have the right lawyer in your corner.

Want to know how to qualify for alimony? Need a lawyer to point you in the right direction?

Search for the right lawyer in our Law Directory today.

image
2 years ago Divorce

How Can a Father Get Full Custody of Their Child?

It’s estimated that more than a quarter of all children 21 and under in the United States live with one parent.

Custody hearings can be long, emotionally draining, and costly. The process can be even more stressful for fathers.

In the past mother’s were heavily favored in getting full custody, but times have changed. It’s possible for a father to get full custody if he meets the right criteria.

If you’ve been Googling the phrase “How can a father get full custody?” your search is over. We’re going to tell you what you need to do to get full custody of your children.

How Can a Father Get Full Custody?

Getting full custody is a long process. Aside from having to prove that you’re the fittest parent for full custody, you also have to prove why the mother isn’t.

You must also have a very good track record with your kids and the law. You’ll also need a good custody lawyer.

The battle may be long, but the end results will be worth it. If you’re ready to fight for full custody of your children, make sure you follow these tips.

Make Child Support Payments

This can be a bit of a financial burden for you, but it’ll help your case.

It’s important to keep in mind that child support isn’t just giving your ex a check or cash every month. It’s money that’s supposed to support your child, and paying it shows that you’re a caring father.

If you have an informal support agreement, make sure you save any receipts of transactions. It may also be a good idea to call or text whenever you send money so you have more proof that you were paying support.

Be Realistic

When you ask yourself, “How can a father get full custody?” sometimes you need to ask yourself if the father should have full custody.

It can be hard to be away from your children, but your living situation may not be the most stable for them.

When the judge decides on custody, they take into account how the living accommodations will affect the child. The change may be too harsh for them and they may not adapt well.

Do you already have a lot of other children in the house? Do you make enough money to support you and your children? Would they have to move to a different school district if they were to live with you?

Think about how intense the change will be for your children. If it would disrupt their lives too much, it may be better to seek joint custody.

Be Civil

It’s rare for custody battles to be nice, and if you’re searching the phrase “How can a father get full custody?” you could be in for a long and frustrating time.

If you want to look like a good father to the court, you need to keep things civil with your ex. You may be feeling a lot of hurt and anger at the moment, but it’s best to find a different way to work through your feelings.

Keep your communication with your ex strictly about the kids. Don’t be afraid to end the conversation if you feel that your ex is becoming argumentative or too angry.

Build Strong Relationships

If you’re fighting for custody for your children, we’d like to assume that you already have a strong bond with them. Continue to maintain that strong bond, and make sure that other people in your kid’s lives know about it.

Don’t just focus on the relationship with your kids, also think about the relationships that your child has with others.

Take some time to introduce yourself to their teachers and coaches. Chat with their friend’s parents and suggest that you spend some time together.

Showing that you have a strong relationship with your child and people that are important to them will help your case.

Be Honest About Your Reasons

It’s possible to fight an intense custody battle and to also be concerned about your ex at the same time.

There are plenty of fathers that feel guilty about separating their children from their mothers. But if you’re wondering “How can a father get full custody?” you clearly have good reasons for trying to get custody of your children.

When you’re fighting for custody, it’s time to be brutally honest about why you feel that you need it. Don’t hold anything back, or worry about embarrassing or hurting the mother when you’re telling the truth.

Has the mother been neglectful or used alcohol during pregnancy? Has she been verbally or physically abusive towards your children? Let your lawyer and the judge know.

The more honest you are about your reasons for wanting custody, the better off you’ll be.

Maintain Records

When you’re fighting for custody, records and paperwork will help you establish your case.

Don’t just keep track of what you pay in child support, keep track of how much you do you for your children.

Keep track of how many times you pick them up after school. Mention the doctor’s appointments you’ve taken them to, and the medical care you and your insurance helped pay for.

Doing this can establish that you’re an involved parent that already has an established record of helping their child.

Have a Plan

If you’re asking “How can a father get full custody?” having a solid parenting plan is part of the answer.

Raising a kid can be tough in a two-parent household, but things can get more complicated when there’s only one adult. You need to show the judge that you’re ready to handle your child’s needs.

Don’t just focus on the physical aspects of keeping a clean house and giving your child a room. Think about everything you’ll need to account for to care for them the majority of the time.

Have a babysitter lined up if you can’t be there for the kids after school. Outline your budget and how much you have devoted to your child.

Next Steps

Now that you have an answer to the question “How can a father get full custody?” it’s time to take action.

Search for a family law attorney by you with our attorney search tool. Start working on gathering your evidence, and work on following the tips we mentioned in this article.

And remember, if you have any questions feel free to contact us so we can help.

image
2 years ago Divorce

4 Steps to Filing for Divorce

Your to-do list is about to explode in size, even before you file your separation papers.

Most people feel overwhelmed when going through the divorce process because there is just simply so much to do.

But making lists, practicing compartmentalization and getting help from the super team you’re about to put together can help you pull through all of this.

The first thing you’re going to do is read this blog. We’re going to walk you through everything you need to do before, during and after a divorce.

Step 1. Reach Out to The Right People

They say it takes a village to raise a child. It may take a village to lift you up in these hard times.

Here are some of the people you’re going to want to make sure you have on speed dial.

A Divorce/ Family Lawyer

You may hear that you don’t need a lawyer, especially if you’re anticipating a relatively low-conflict or uncontested divorce. That’s actually terrible advice. This is way more complex than just signing separation papers.

A family law firm isn’t just for heated courtroom battle and ugly child custody battles. They are there to be your go-to source of peace-of-mind through every set of this stressful time.

Even if things run smoothly, you’re still going to need legal advice about what’s required and what’s ahead of every corner.

And if you are expecting any sort of conflict over support, custody or assets, you will 100% need a lawyer.

Family law specifics and strategy is far too complex to go into by yourself. You need to work with an attorney with a proven record of fighting these battles and winning.

You will also just need someone who can stay level headed and take emotion out of the equation during the negotiation process.

Also, it just never hurts to feel like someone is on your side, and in your corner. You will sleep better.

A Counselor or Therapist

Even if you’re feeling a sense of optimism or relief about the dissolving of your marriage, you should still reach out to a counselor or therapist to really unpack the events leading up to and surrounding signing your separation papers.

Men and women will each face their own sets of stresses and threats when going through a divorce. For example:

Good or bad, for better or for worse, you’re entering into a new phase in your life. There is no need to face it alone.

Family and Friends

This is the perfect time to reconnect with family and friends that you may have grown somewhat apart from. Or maybe get even closer with a trusted confidant you leaned on during the time leading up to deciding it was time for separation papers.

This is not the time to be alone, even though you will just feel like locking all the doors and turning off the lights and your phone.

The temptation to retreat within yourself is going to be there every single day. Rise above it and surround yourself with people who make you feel good.

Also, it can help to connect with people you know have been through the same thing.

Step 2. Set Your Goals

A divorce can feel like a hurricane that just picks you up and throws you wherever it feels like putting you. But that’s not the case. You’re going to encounter some stormy weather, but it’s ultimately up to you to decide where you will end up.

During this time prior to signing separation papers, you can build good habits or bad ones. Setting specific goals for yourself and your life during this time can be an invaluable way to make sure you’re on the right course.

Financial Goals

We know this one can be hard, with so much uncertainty going into signing the final separation papers.

If this is going to be a hotly contested divorce, you may not know who is going to get the house, who is going to be financially responsible for the kids, and what the support payments will be.

You might not know where you’re going to live, who you’re going to be supporting, or whether or not you need a new job. But you can still set goals.

This is where your divorce lawyer comes in very handy. You need to have a frank conversation with them to try to ascertain what can be reasonably expected for settlement, and what their goals and expectations are for your settlement.

And you can be prepared. Have rough goals for what your life will look like if things turn out better than expected during the trial, worse than expected, or as expected.

If your spouse used to be the person who took care of all the financial details, now would be a good time to look into getting an accountant and financial advisor before you put ink to any separation papers.

And the older you are when you’re divorced, the more the financial sting can be. 80% of people who divorce after 50 have had to delay their retirement because of a divorce.

But it doesn’t necessarily have to be that way if you’re prepared and you have a plan.

Personal Goals

Even when you feel your worst, this is a massive opportunity to better yourself. Envision what you want your life to be like leading up to signing your separation papers and after.

The key is setting the right type of personal goals. Don’t be too vague. I want to be a better parent is in Noble and admirable goal. But you need to be able to quantify the success of that somehow.

You need to set smart goals. SMART stands for Specific, Measurable, Achievable, Relevant, and Time-limited.

Attaching these qualifiers to a goal will help you achieve them by keeping you accountable and showing you exactly what success looks like.

  • “I want to be a better parent” is good. “I want to take the kids out for at least one special activity a week, starting immediately” is better.
  • “I want to focus on my career” is good. “I want 20% more sales commissions over the next six months” is better.
  • “I want to get in shape” is good. “I want to join a gym by the end of the month, and then go three times per week” is better.
  • “I want to keep my drinking under control” is good. “I want to limit myself to zero drinks during the week and 3 over the weekend” is better.

Setting SMART goals is the best way to ensure you’re not just floundering aimlessly.

Step 3. Get Your Documents Together

A lot of work often needs to go into signing separation papers. This is why you need to work with an experienced divorce lawyer, so you can make sure all the paperwork is complete and no deadlines are missed.

This is far from an exhaustive list, but some of the documents you may want to gather now include:

Financial Documents:

  • Income Tax Returns
  • Partnership and corporate tax returns
  • Pay stubs
  • Benefits information
  • Financial Records
  • Bank statements
  • Monthly expense reports
  • Investment properties and rental (or lease) agreements
  • Bankruptcy papers

Personal/ Legal Documents:

  • Deeds to the home/ rental agreements
  • Prenuptial or postnuptial agreements
  • Wills and Trust Agreements
  • Date of marriage
  • Date of birth and social security numbers for you, your spouse, children
  • Insurance policies
  • Life/ Car/ Home insurance
  • Annuities

Again, you may need to provide even more than this. But your lawyer should advise you on what you need.

Step 4. Make Yourself a Priority

This is the step that too many people skip. Don’t lose sight of yourself during this process.

Self is the most important, yet most neglected, part of surviving the divorce process. It’s up to you to take care of you.

The tendency is to just figuratively put your head down and plow through. Some people do nothing but think of what’s best for the kids during this process. Other may throw themselves into their work or career.

Remember, you’re in charge of your own happiness. Sure, a divorce settlement can certainly help or hurt your financial independence, and your ability to pursue a fruitful life after divorce. But that’s not the determining factor.

No matter how things pan out, you need to be the one to take care of you. And ensure you’re taking steps towards your own happiness, instead of worrying about what everyone else thinks you should be doing.

Get Help With More Than Just Separation Papers

Our attorney directory is overflowing with attorney listings, just waiting for you to find just the right one.

Simply click here to browse the lawyer listings.

image

Everything You Need To Know About Filing Bankruptcy After Divorce

In their wedding vows, couples vow to stay married until death does them part. Unfortunately, life does not always work out as planned. In the United States alone, over 800,000 people file for divorce every year.

Divorce can be a messy and frustrating process and filing bankruptcy after divorce. In addition to emotional strain and custody battles or lawyer directory, many divorced people face financial difficulties as they transition back to singlehood.

Are you facing financial challenges after ending your marriage? Then you may be surprised to learn that bankruptcy after divorce could be your best option. Here’s everything you need to know about declaring bankruptcy, and how to decide if it’s right for you.

Why Filing Bankruptcy in Needed?

There are many reasons individuals may choose to file for bankruptcy after the divorce. In most cases, the decision is based on the challenge of transitioning from a dual income to a single income household.

For instance, if you used to split your rent or mortgage payments with your spouse, taking on the whole cost yourself can make it difficult to keep up with other bills. Or perhaps you and your spouse used to share a single car, and now you must cover a car payment on your own. These changes can significantly impact your disposable income.

In some cases, individuals are left with debts accrued by their ex-spouse. If your spouse racked up debt on a credit card in your name, those bills won’t go away after the divorce. In some cases, filing bankruptcy after divorce is a better option than paying off your ex’s debts.

What Happens When You Filing Bankruptcy?

When a person filing bankruptcy, they initiate a process that allows them to repay their debts under the protection of a federal program. There are two types of bankruptcy available for individuals.

Chapter 7 Bankruptcy

Chapter 7 bankruptcy is also known as liquidation bankruptcy. This is because the bank requires the filer to liquidate and sell off certain assets to pay off their debts. In return for selling off property, unsecured debts like medical debts and credit card debts are forgiven.

Not everyone qualifies for Chapter 7 bankruptcy. Individuals with sufficient income to develop a reorganization plan under Chapter 13 are required to take that option most often with the assistance of a bankruptcy attorney.

Chapter 13 Bankruptcy

By contrast, Chapter 13 is considered reorganization filing bankruptcy. Under this process, the debtor creates a 3-5 year plan to pay off their debt in monthly installments. At the end of the repayment period, the remaining balances on most debts are discharged.

The Automatic Stay

Once you filing bankruptcy, an injunction called an automatic stay will go into effect on your assets. This stay protects you from most lawsuits and protects most your assets from repossession by creditors. If your divorce has not been finalized, the stay may also impact proceedings regarding the division of marital property.

What are the Effects of Bankruptcy?

If you are dealing with a significant amount of debt, filing for bankruptcy might sound like a ticket to freedom. To a certain extent, filing bankruptcy can provide individuals with a fresh start. That said, there are drawbacks to filing that you should seriously consider.

Credit Score

One of the biggest impacts of filing bankruptcy after divorce is on your credit score. Bankruptcies can impact your credit score for up to ten years. This can make it difficult for you to open new credit cards, get a car loan, or buy a new home.

Luckily, there are ways you can rebuild credit after a bankruptcy by following this guide to Section 609 credit dispute letters. For example, working with a credit union to take out an installment loan or to open a secured credit card can be a good option. While it will take time to restore your credit, it will not be impossible.

Remaining Debts

There is no form of bankruptcy that will eliminate all of your debts and payment obligations. For instance, bankruptcy will not eliminate outstanding taxes or student loan payments. Additionally, filing for bankruptcy will not free you from an obligation to pay child support.

How Will Bankruptcy Impact My Ex-Spouse?

If you file for bankruptcy, the effect it has on your ex-spouse depends on how your assets were structured.

In some ways, your spouse will be unaffected. For instance, if you file for bankruptcy, that will not impact your spouse’s credit report in any way, even if you had joint debts.

That said, filing for bankruptcy does not free your spouse of their debt obligations. So, if you have a joint debt, your spouse may be held responsible for the entire debt after you file for bankruptcy.

What if My Spouse is Filing For Bankruptcy?

If you are on the other side of the equation, wondering how your ex-spouse’s bankruptcy will affect you, there are steps you can take to protect yourself. For instance, filing for bankruptcy protection can protect you from being held solely responsible for joint debts.

If possible, you should discuss these issues with your spouse before filing for divorce. Filing for a joint bankruptcy, or filing for bankruptcy separately before the divorce, might be a better financial option for both of you.

Getting the Representation You Need

Whether you or your spouse is planning to filing bankruptcy, it is essential to work with a professional. This will ensure that your interests are protected.

When dealing with these kinds of complex financial issues, it is a good idea to work with a law firm with a broad range of expertise. For example, the Wiseman Lee law group has attorneys that specialize in both family law and corporate law. This range of knowledge makes these professionals well suited for working with couples in the process of divorce.

Get Help With Bankruptcy After Divorce

Filing bankruptcy after divorce can be a challenging process. But if it is the right choice for you, it will be well worth it in the end.

Do you need help navigating your divorce? Then check out our legal directory. The attorneys in our listings are all qualified professionals who can assist you with your legal needs.

Newsletter
Loading
Location

© Copyright 2019 Halt Law Directory | Connecting Attorneys with Clients in Need. All rights reserved.