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.
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.
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.
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 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.
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.
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.
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.
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.
Family laws relating to the division of property become applicable when the partners do not come to a mutual agreement. The court will oversee the division of the property according to the relevant state laws. Here we will explain the family laws relating to the division of property that is applicable in the state of California.
Family Laws and Division of Property in California
Family property division laws in California favor equal distribution of the properties. In the absence of an agreement, every asset obtained during the marriage should be divided equally. The joint obligations are divided by the net value of the assets, and each partner gets half of the net asset value.
However, there are certain things that cannot be equally split such as the house.
Generally, the partner who is the legal owner of the house gets to keep the property. However, in case of jointly owned property, the partners can agree on one of the following options to divide the property.
- Buy the House — One of the partners will have the option to buy the house by paying the other partner’s interest in the house. The partner who buys the house must refinance it to remove the other partner from the existing mortgage. Sometimes the court may order the selling spouse to make a mortgage payment in the form of spousal support. In such a situation, the spouse who makes the payment can claim tax deductions.
- Sell the House —Another option is to sell the house and divide the amount obtained equally between the partners. This option is taken when neither of the partners can afford to buy the house.
- Deferred Sale of Home —In case the divorced partners have minor children, the court may order to defer the sale of the home. In this situation, the partners remain joint-owners of the house for a specific period of time. During this time, the custodial parent has exclusive possession of the house. The aim of the deferred sale of home order is to reduce the psychological impact of the divorce on kids.
Hire Family Law Attorney in California
Divorce is a tormenting time that involves a lot of hurt and grief. Getting caught in legal matters is the last thing that you would want in such times. This is where the services of an experienced divorce attorney who’s familiar with California family law and property division laws will prove invaluable. The lawyers at Schwartzberg | Luther, APC have offices in Victorville and Rancho Cucamonga to help families fairly and efficiently work through a divorce and division of real property and other assets.
Hiring an experienced family law attorney can minimize the mental pain associated with divorce. You can let the family lawyer look over legal matters relating to house ownership, property division, and child custody. The divorce attorneys at Schwartzberg | Luther, APC will help ensure the fair and equitable division of properties after a divorce.
Times are there when you are unable to afford a lawyer, but you require a legal representation. This may be required to know about your legal rights. However, you must know how to find a free lawyer in your state. These lawyers must charge nothing and helps in solving legal problems relating to bankruptcy, family law, housing, immigration, workplace issues and criminal cases.
Why free lawyer?
Under the U.S. Constitution, the Sixth Amendment protections, criminal defendants are entitled to legal counsel in case they are unable to hire a lawyer on their own. This means, the court will appoint a lawyer who will without charge represent your case.
Though everyone does not need solve legal matters every day, there are times when acquiring the right advice becomes crucially important. This may include child custody battles, housing rights, crippling proceeding over medical bills and deportation and immigration matters. Generally, civil proceedings are not offered free legal lawyers. But if you are not able to represent in the court and are unable to afford a lawyer during negotiations or before administrative agency or in some other matters, do not give up easily. Instead, find ways to find a cost free lawyer.
Most attorneys are required by their state bar association to preform a certain number of hours of pro bono work for the community. Some criminal defense attorneys go above and beyond and get awards such as the North Star Laywer award. This award is given to attorneys for their dedication to taking care of the community they are part of, through many more hours of pro bono work than is required of them.
Do you qualify?
Qualifying for free lawyer assistance is based on few factors such as your health status, income, location, safety and if your issue is criminal or civil by nature.
Even if you get qualified to have a free lawyer, finding one to take your case may be a hitch. The problems may be such as the agency has limited staff or the agency does not cover your area of legal issue.
Here is a guide to find a inexpensive lawyer
- Look for federally funded legal supporting programs. The legal aid programs employ paralegals and lawyers to offer free services to eligible people. In fact for employment issues, divorce proceedings, tenant and landlord issues and several other legal problems, an excellent resource is the legal aid problems.
To qualify, your income must be less than the specified certain number. Check the low income limits as it varies with each state. Your income should be below the federal poverty line to receive free lawyer.
- Bar associations provide free legal assistance via pro bono programs. There may be lawyers ready to offer free legal advice; such people are matched based on your requirements. There are nonprofits also ready to offer legal help and to qualify for a pro bono program, provide low income proof.
Even private firms have pro bono departments and they concentrate on particular community issues such as civil rights issue, police misconduct or suits against government.
- Find some self-help legal clinic that provides free legal advice. These are good resources for simple process such as filling forms or queries about some process. However, they cannot help you with a free lawyer.
- If you are a criminal case defendant, you can have an attorney. However, if you are unable to hire a private attorney, get a defense attorney court appointed. You need to give proof of income that states your inability to hire a private attorney.
The trial of celebrity and football legend O.J. Simpson in the mid-90s was a big media affair. After the murder of Nicole Brown Simpson, Simpson’s ex-wife, and her friend Ron Goldman, Simpson arranged a strong legal team to back him up and ensure his acquittal. Millennial people, who were born after 1995 and even after 2000, are curious about how Simpson got away and who his lawyer was. Find out all about Robert Kardashian, the lawyer for Simpson.
Who is Robert Kardashian?
To the millennial people, Robert Kardashian is now famous as the father of celebrities and global heartthrobs Kim, Kourtney and Khloe Kardashian. But the 90’s saw him as a celebrity on his own right. He began his career in the late 1960s as a lawyer. Soon, he got involved in various business ventures, including a few of O.J. Simpson – who was his friend. When Simpson was arrested after a spectacular chase and charged for the murder of his wife and her friend in 1994, Simpson appointed Kardashian as his lawyer.
Birth and Early Life
Robert Kardashian was born in 1944 to Armenian-American parents, who ran a profitable meat-packing business. He grew up in L.A, and had his early schooling from the Dorsey High School. He earned a degree in business administration in 1966 from the University of San Diego.
Kardashian worked as a lawyer for almost 10 years before he concentrated on business. Along with another investor and his brother, Robert set up a trade publication called Radio & Records in 1973.
His Relationship with O.J. Simpson
It was around 1973 that he met O.J. Simpson, a football star of that time, and developed a friendship. The friendship soon turned into a professional relationship, with the two setting up a music video company and a frozen yogurt shop.
Simpson soon became a family friend. Robert Kardashian married for the first in 1978, and from his first wife Kris he had his first daughter Kourtney Kardashian in 1979. The following year saw another daughter Kimberly Kardashian being born. The couple spent time with Simpson and his wife Nicole Brown who was his girlfriend at that time. Soon, the Kardashians welcomed son Robert Jr. and another daughter Khloe Kardashian. The Simpsons married in 1985 and had two kids, Sydney – a daughter and Justin, a son.
Kardashian stood by Simpson during his 1995 trial, and worked with other lawyers F. Lee Bailey, Shapiro and Johnnie Cochran to fight prosecutors Christopher Darden and Marcia Clark during the long trial. The face-off paid off, with Simpson being acquitted of murder charges in October by the jury.
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Souring of Relationship and Fallout
Following Simpson’s acquittal, the relationship between the two once-close friends soured. In 1996, Robert Kardashian mentioned to ABC News that he was suspicious of the innocence of Simpson. He clearly said that he had doubts with the blood evidence. He also told this to author Larry Schiller in an interview for the latter’s book “American Tragedy”, which analyzed the trial and defense team of Simpson.
Robert Kardashian died in 2003 due to esophageal cancer.
You can often hear from friends and watch on ads and TV shows how the terms “attorney” and “lawyer” are often used for one another. In the United States, the terms might have become interchangeable. However, you must keep in mind that a lawyer might not necessarily be an attorney although an attorney is always a lawyer. Although the two words are used like synonyms, they mean various things. There is a small difference between lawyer and attorney, but the variation means a lot to state bar associations, especially where looking into and prosecuting unauthorized practicing of law cases are concerned.
Who are Lawyers?
Lawyers are legal professionals who are trained in the law. Such professionals might offer legal guidance to another, or might not. By this definition, any individual can consider himself / herself a lawyer after attending the law school in the US. However, they can use their skills as a lawyer only limited until they pass the legal bar exam in the exact jurisdiction where they wish to work.
For instance, a policy consultant or policy advisor to the government, who has attended law school, should not try to offer legal representation although he is a lawyer in the technical sense. He can offer skills in the course of the work that he does. However, representation of a client in court is not always possible.
An individual who has education in law will be addressed always as a lawyer, even in case he or she does not provide other people with legal advice. A lawyer in the U.S can be any individual who has attended law school. However, a lawyer who has just attended law school might not be permitted to handle specific legal jobs, such as representing someone in a law court. That is until he / she successfully passes the bar exam that is help in the particular area of law where they want to practice in.
Who are Attorneys?
Attorneys are also lawyers. They are people who attend law school and presumably wish to practice law as a legal professional, pursuing it as a profession. By definition, however, attorneys pass a bar exam and are permitted to practice law in their specific jurisdiction. They can also go beyond working as a lawyer and providing an individual with legal representation. Their work goes beyond just offering the facts of law. They are also supposed to delve deep into providing clients with legal strategies for their legal needs. These professionals have the permission to appear in court of law and other legal settings to represent their clients. If you aren’t a lawyer but are in need of bankruptcy forms we have a great resource that carries all the necessary bankruptcy legal forms. Please navigate to: https://www.bestadvisor.
Other than carrying out the basic operations expected of a lawyer, attorneys can also serve their clients as their legal representatives. They can stand on their behalf, and not simply interpret the law. Attorneys can also satisfy the legal needs of their clients by applying their wide knowledge of the law. Lawyers are unable to carry out all the work of attorneys, although attorneys can serve all the functions of lawyers. In short, this is the difference
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Child custody lawyers help in getting custody arrangement that works to the best interest of your child. People having children and going through a divorce must work on a parenting plan setting out custody and the visitation frequency. If your spouse and you are unable to arrive at an agreement, you must contact a child support attorney to file a court petition for custody.
In case, you have children and are proceeding to get divorced, it is a part of the agreement to involve in determining with whom and where the children will live. Child custody lawyers alone can assist you in negotiating the custody and this can be done in court or by agreement. The custodial parent can make decisions as that parent gets the legal right about the lifestyle of the child, its education and welfare. Some parents go for joint custody such that children divide their time for both parents and the parents on behalf of children make decisions. If parents fail on child custody agreement, it will be decided by a judge.
Custody Arrangements and Exchanges
Parents work out many arrangements for custody and visitation, where their children are with them in the alternating weeks, split weeks, weekends, split holidays, summers or holidays alternating it by odd and even years. Parents arrange this exchange involving the place, time and manner. The exchange is done after or before school, at one parent’s house, on weekends, at daycare facility or other places and times, as decided. If there is hatred or enmity among parents or there exists previous domestic violence, an exchange plan may be considered by the court such that neither of the parents meets each other.
Custody and visitation types
A parent petitioning for custody means the court will give joint custody such that it means the child custody is available to both parents or to one parent as sole custody. This offers primary care as the custodial parent.
The custody is of two types, physical and legal. The actual physical care of the child relates to physical custody and this includes supervision and habitation every day. the legal custody is where the decision making rights are involved and this relates to the health, education and welfare of the child.
As a parent has primary custody of the child, the other parent who is non-custodial gets visitation rights where the other parent gets time to spend with their children. However, joint custody is offered in most states, unless it is not harmful to the child.
Child Custody & Third Party Rights
The courts may consider the third parties interests in some states and this includes the grandparents or siblings having custody or visitation. In case the child is neglected or dumped by parents, another adult can file a petition in the court seeking custody. Even if grandparents, siblings or other interested parties seek visitation, they also can file a petition in the court to award visitation rights if it is of best interests to the child.
Statutory requirements governing the issues of child custody vary with each state and county that it is best to hire child custody lawyers with experience to advise you particular rules in your case.
Getting divorced happens to be a complicated and costly process. It is natural that you will like to look for cheap divorce lawyers who can fight your case well and come within your budget as well. However, many people tend to hire low cost lawyers in haste and regret their decision later. It is essential for you to conduct some research to find out whether a particular lawyer comes cheap and is worth hiring for you as well. The divorce lawyers at CLW have said that settling out of court may be far more cost effective than going to court because legal fees are significantly less and the process is over sooner, allowing our clients to move on.
Knowledge of divorce laws
You have to make sure that your attorney has proper knowledge about the rules and proceedings of divorce laws. In case he is a beginner, your case might be a learning experience for him. You will not like to go with low cost divorce lawyers who experiment with your destiny, and it is better to look for more experienced attorneys. Although you should look for lawyers who charge low rates, they should have enough knowledge about this domain.
You should also feel extremely comfortable when you talk to your lawyer. He should be approachable, and you should feel comfortable while speaking to him and asking questions about your case. Keep in mind that the lawyer should be a reliable individual who can comfort and assist you when you are facing rough weathers in life. Naturally, you should look for a good attorney who can help you to sail through this terrible phase.
Look for references
It is also a good idea to check with the past clients of your attorney. Check whether they felt happy with how the professional handled their cases. You should get complete information on whether the lawyer is worth trying out and if the clients will like to refer him to you. It is a good idea to do this in a discreet way, without your attorney knowing about the same.
Check the experience level
Successful divorce lawyers happen to come with plenty of experience and expertise. They handle plenty of divorce cases and have knowledge on how to deal with varied situations. These attorneys know a number of judges, and the exact personality of the judge in charge of handling your case. Thus, he is in a better place to fight your case.
Speak with him
Before you hire any of the divorce lawyers, talk to him for some time and check whether he is able to clear all the questions and doubts that have been worrying you. It will let you know whether he is in a position to fight you. In case the lawyer is unable to offer you any direct answers or is suggesting that you document a lie, change him immediately.
Know about the fees
Finally, you should try to get in a written agreement the entire charges that you will have to pay to the attorney. Do not be hesitant in this regard, given that good attorneys do not come cheap. Be prepared to pay for the qualification and the experience of the lawyer you hire.