Gomberg Law No one faces injustice

Child Custody Lawyers Offer Tips For Choosing a Divorce Attorney

family-splitChoosing the right divorce lawyer is one of the most important decisions faced by those going through a divorce. Getting divorced can be stressful and working with an experienced family law attorney who specializes in divorce can provide peace of mind.

Having an experienced divorce lawyer ensures that one receives what they are entitled to and that their rights, assets and family are protected. Some of the pressures and frustrations of going through a final separation can be alleviated by using an experienced divorce attorney.

The intricacies of divorce proceedings can be handled by the attorney and confusing paperwork and proceedings explained. This keeps the client informed on everything happening throughout divorce process without adding stress.

Some couples have been amicable enough to negotiate their child custody, spousal support orders and property division matters on their own and have settled divorce mediation out of court. An attorney is only needed to assist with legal documents and mediation.

The client should look for someone with the experience and knowledge needed to protect their rights. Just because they are an attorney does not mean they are savvy in all divorce matters. The statutes on divorce law vary from state to state.

Divorce can be based on irreconcilable differences and it is not necessary for the couple to prove grounds for divorce.

Some states are a community property state. This means any property acquired or money earned by either party during the course of marriage to the time of separation is considered community property.

Community property laws apply to businesses, real estate holdings and even pets acquired by the couple. Other potential sources of contention in the divorce process have been child visitation and permanent support orders, such as alimony and child support.

Since trial expenses and court fees add up quickly, hiring a divorce lawyer to mediate property division and support order decisions could save the couple time and money by enabling them to settle out of court.

An attorney can help mediate a divorce settlement between the couple out of court before their case even goes to trial. The couple saves money in court fees and they can remain in control of the decisions made.

A client should consult with several divorce attorneys and interview each in person to get a feel for the right one before making a decision.

Some key questions to ask any attorney before a decision to hire is made:

1- What percentage of their practice is family law?

2- How long have they been practicing?

3- What percentage of their divorce cases go to trial?

4- What are the attorney’s expectations of their client?

5- Who in the office will be handling the case?

6- Are they certified by the state bar association to practice divorce law?

7- Have they ever been disciplined by the state bar association?

8- What are the attorney’s client services policies?

9- How will they keep the client updated on the status of the case?

If there is something the client wants to know – they should ask. This interview is like any other. This is the time to find the candidate they want to work with and weed out the ones they don’t.

Knowing the Divorce Process Benefits You and Your Divorce Lawyers

Divorce-LawsIf you are thinking about filing for divorce or your spouse already has, knowing the divorce process can be very helpful in making the already devastating experience a little easier for you. Each states divorce laws lay out the divorce process and what legal requirements must be met. Even though every state’s laws are different, they all follow a basic guideline. Every divorce has its own unique circumstances that affect and alter the process itself. Legal separation is not an option is all states. States that do not support separation consider you and your spouse to be married until the divorce is finalized by the court. Divorce attorneys will file a petition for a separation agreement if the state you reside in recognizes legal separation.

The first step in the divorce process is filing a petition for divorce. The document itself can be called an Original Petition for Divorce or a Letter of Complaint and is generally filed with a local court clerk. This document requests the court to grant a divorce. Any relief the filing party feels they deserve is also listed along with the parties and children involved. A reason must be stated as to why a divorce is being filed for. The most common reason is irreconcilable differences. This document is served to the non-filing party by the local sheriff’s office and they have thirty days to respond. At this time either spouse may request restraining orders or temporary child support orders.

During the discovery stage, all information about marital assets, alimony, children, and any other matters is collected. Attorneys for each party request specific information by sending a list of items that must be responded to within thirty days. This process is often referred to as disclosures. Interrogatories are a list of questions that may be sent and responded to within thirty days as well. The opposing party must either deny or admit to a list of facts that is often called admissions of fact. Legal documents may be requested such as bank statements. Any document can be requested that your attorney feels will be beneficial. The final part of discovery is called deposition and involves getting sworn testimony from your spouse and all witnesses. Testimonies given during deposition can be used in court if a settlement is not possible.

Mediation is the next step and can be the end of the divorce if you both can come to agreement on all conflicts. Both attorneys and parties meet to go over the conflicts and attempt to reach an agreement that satisfies you both. The case goes to trial if an agreement is not reached. A trial date will be set for divorce court and the arguments will be presented to a judge. The judge examines the evidence and decides the appropriate settlement of all issues. When a decision is reached, each of you will sign a divorce decree stating who gets what assets, custody orders, and the amount of child support or alimony due. The decision can be appealed if you feel the decision was unfair. Lawyers can help with the appeal if you request it.

A Rational Solution for an Emotional Problem

divorce-remarriageFor as long as marriage has existed, divorce has always been a part of it. Despite popular conceptions of divorce as a modern affliction, the ancient Romans had a thriving divorce rate, with the more affluent and rich Romans (especially in the later imperial period) frequently divorcing their mates in order to improve their social standing or purely as a political move, so they could marry the daughters and sisters of their allies or adversaries.

The fact remains that divorce is a rational and legal mechanism that provides a lawful conclusion to a marriage, although it may sound and perverse to us today. It is an attempt to impose a rational solution on what is essentially an emotional decision by putting a married couple through a set structure of events and procedures. The most important aspect of divorce is this distinction between the rational and the emotional.