Saturday, November 27, 2010

What is Divorce Mediation

Peace Talks Founder Diana Mercer, Esq. discusses divorce mediation and its benefits.



http://www.youtube.com/watch?v=e7m5KZVQaQM&hl=en

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Monday, November 22, 2010

3 Tips For Finding A Great Women's Family Law Attorney

Divorce cases are extremely stressful and emotionally draining. Without the proper representation women can quickly find themselves in a nightmarish situation. A majority of this stress can be alleviated by choosing the right women's family law attorney. Due to the nature of divorce cases a bad choice can leave a woman feeling intimidated with an unfair financial burden not to mention cost her additional money when she seeks new representation because her previous choice let her down. To help wives and mothers avoid this tough situation I have put together some helpful tips for finding a great women's family law attorney.

1. Do not just surf the web or comb a phone book for a divorce lawyer. As a women's family law attorney myself the biggest mistake I see ladies make is blindly selecting an attorney just because they say they are experienced. Do some research and determine what it is they are experienced in, and what their track record is with cases similar to yours. Men and Women's perspectives and rights vary greatly in this difficult cases, for that matter you as a wife or mother you should work with a women's family law attorney who is knowledgeable of women's rights!

2. Speak with several lawyers before making a final decision. Most attorneys offer free initial consultations so take the opportunity to ask them questions and explain your goals to see who you feel the most comfortable with. If you are seeking a credible women's family law attorney you should ask them about their experience and most importantly success with women in family law cases. This can make or break your legal proceedings.

3. Understand which payment method each attorney prefers and how they structure their fees. A lawyer will typically charge in one of two ways. A flat fee which you pay an attorney by the hour or they may charge a retainer and deduct their legal fees from as the dedicate time to your case. These fees can vary greatly depending on the attorney. Therefore when selecting your women's family law attorney make sure you can afford their fees and payment structure.




Following these 3 tips will help you tremendously when selecting a women's family law attorney. This will save you money and take a lot of the stress out of an already emotional period. In Divorce, Alimony, Child Custody and many other scenarios you cannot afford to make a mistake on your representation. Protect yourself and your family by making the right choice the 1st time.

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Friday, November 19, 2010

What Does a Family Law Attorney Do?

A family law attorney can help any family with the various problems that arise throughout the lifetime of a family. Those problems can be divorce, child custody, child support, child visitation, domestic violence, marital assets, spousal support, restraining orders and much more. A family is the foundation of the United States and sometimes families just don't get along and need to split up.

Divorce is defined as the ending of a marriage in the presence of a court to the extent that the man and woman are no longer legally bound to each other by the same last name. A divorce is not legal unless it is certified by the court and in some jurisdictions of the country, one party or the other must prove fault in the divorce case. A family law attorney can help with divorce proceedings. Going through a divorce can be physically and emotionally draining for everyone involved, including the children, if there are any.

Divorce involves more than just the division of debt and the distribution of property between the two people involved. Divorce also involves deciding on child custody, visitation rights, child support and spousal support. All of this can be done with the help of a family law attorney. Going through a divorce without the helping hand of a lawyer can be a daunting task and can be ultimately impossible to obtain success. The lawyer will be able to help his or her client in regards to what decisions need to be made.

Child custody is one of the most disheartening battles during a divorce because the husband and wife will use different methods of making the other look unfit to care for the children. Many people make up stories of physical and emotional abuse to tell the judge in a child custody battle. This is when a lawyer would be needed. A lawyer can help the person being accused of these horrible actions get through the allegations and present their case in an appropriate manner.

Child and spousal support are not one in the same. Child support is payments that must be made by one half of the couple in a divorce case to the other half of the couple. Child support is to be used for the child's education, clothing, food, school supplies, medical bills for the child and any other necessities that the child needs to live by. Spousal support on the other hand is payments made to one spouse by the other after a divorce case has been completed. Spousal support goes towards medical bills, legal bills, food, clothing, transportation needs and much more.

If the person who is supposed to be sending the payments refuses to do so or forgets to send them they can be fined by the court or can even face time in jail. A family law attorney will be able to help the party involved in the divorce case receive their payments of spousal support or child support if they are not coming through regularly. All matters involving family law can be resolved with the help of an attorney.




For more information on the process for a Divorce in Riverside or to schedule a consultation for a Uncontested Divorce in California visit the offices of Diefer Law Group

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Saturday, November 13, 2010

Saturday, November 6, 2010

Utah Divorce and Self-Representation

The State of Utah has a high rate of divorce cases with parties not represented by an attorney. Looking at the statistics provides some insights that may help explain this.

Residents of Utah are no less divorce prone than those of any other state. The Utah divorce rate is at least 4.3 per 1000 which is actually higher than the United States divorce rate of 4.1 per 1000. The median age at divorce in Utah for first marriages for husbands is 31 and for wives, 29.

According to statistics from 2000, in Utah over ten thousand children were affected by a divorce that year. This number has since increased significantly.

Statistics from 2000, which is the most recent available data, show that 50% of Utah divorces happen within the first five years of marriage. In Utah, 18% of divorces occur during the first 12 months of marriage.

So why do many parties in Utah choose to go without representation? One possibility is that children and custody issues can add complexity and expense to a divorce case, making it unaffordable for some. Also, in Utah, many of the couples are young and have not been married long enough to reach their most productive money earning years, and are unable to afford legal representation.

This year, the Utah courts have been trying to figure out what number of divorce cases have parties unrepresented by counsel. Estimates are that at least one party does not have a lawyer in 70% of the divorce cases in Utah. Judges are encouraging lawyers to do everything they can to provide help to litigants who are tempted to go forward without the advice of counsel.

Judges and commissioners now have to handle higher caseloads due to funding cut-backs for the Utah court system, and are receiving less administrative help than before. This makes dealing with self-represented litigants even more frustrating as the lack of proper arguments and procedures decreases the efficiency of the courts.

Many Utah law firms have responded to this call by offering free consultations or allowing clients to hire the attorney for bits and pieces of the litigation when the help is strongly needed.




Some firms are offering both, such as Long Okura, P.C. in Salt Lake City, Utah. Consider getting help before you walk into court without a lawyer.

Rebecca Long is a Utah divorce attorney.

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Thursday, November 4, 2010

Property Division in a Divorce

Property Division in a Florida Divorce

If a couple can't agree on how to divide their jointly owned property themselves, the dispute of dividing property is brought before the court. The laws of divorce and property division vary depending on which state you live in. In the state of Florida, property division is decided by the court on the basis of equitable distribution.

"Property" in legal terms refers to anything that is jointly owned in a marriage, including but not limited to: houses, vehicles, land, material possessions, assets, earnings, and debts. If you and your spouse can not reach an agreement regarding the division of your property, you should seek legal advice from an experienced divorce lawyer with property division expertise.

Equitable Distribution of Property

Any property that a couple jointly owns is subject to equitable distribution at the time of a divorce. In most divorces, almost all property is jointly owned, with the exception of explicitly separate accounts that are owned by one spouse only. Equitable distribution of jointly owned property implies that the property is divided fairly. It does not always mean that the property is divided equally. Differences in wage earnings between spouses, for example, may factor in to how exactly the court distributes the property.

Avoiding Fraud in a Divorce

With all of the emotional baggage that a divorce often brings, it can be difficult to sort through all the legal details of a divorce. It can be especially hard to remember every single piece of property that you and your spouse share. Forming a spreadsheet of jointly owned property, divided by category, is a good way to record any and all property that you have. An experienced Florida divorce lawyer can help you recall and list all of the property that you jointly own to help ensure that you get all of the property to which you are entitled, including assets and earnings.

It is illegal to withhold property during a divorce to prevent it from being subject to equitable distribution, but attempts by one spouse to defraud another are not uncommon. Skilled divorce lawyers that know the details of relevant tax and business law can sit down with you and help sort through any relevant documents to help your case. Solid legal expertise can be extremely helpful when sorting through the complex property division process.

Contact a Florida Divorce Lawyer Today

Don't leave yourself vulnerable to unfair property division. For more information regarding Florida property division, please visit the website of aggressive, compassionate property division lawyers at the Schlegel Law Group here.




Joseph Devine

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