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Know What to Look for in a Divorce Attorney

Jeremy — Tue, 13 Apr 2010 17:02:59 +0000

by New York Family Law Attorney, Michael Cruise

A divorce proceeding is a stressful experience. It can be all the more distressing if you have hired the wrong lawyer for the case. You need to be careful while choosing a Suffolk County divorce attorney.

Many important things like the children’s custody rights, the property distribution, the alimony and spouse support are dependent on how the case is represented. This is what your attorney needs to know all about. Without an expert it is difficult to claim your rights and get them legally.

The first step to consider is the type of divorce case you are involved in. The common divorce cases are usually classified into three broad categories, negotiation cases, mediation cases and cases that involve divorce at a court of law.

You need to choose a lawyer who specializes in the type of divorce case that matches your case. Experience in handling a particular type of divorce case is necessary as it ensures the expertise of the attorney. Certain legal firms employ a number of divorce attorneys. If you opt for such a firm you can utilize the services of one of these attorneys.

It is a good idea to ask for referrals from your contacts. This helps in zeroing in on attorneys who have provided quality services to their clients. You can also have a look at the divorce attorneys working in Suffolk County from online sources.

The next step is to find at least five attorneys that you think would be suitable for the job. Make a note of the ways to contact them for consultation. But before you do so you need to know certain things. A little bit of ground work is necessary before you go for the consultation.

You need to give the lawyer a short synopsis of the marriage and the problems that led to the divorce. You also need to provide all details of the divorce proceeding. If you or your spouse has submitted any documents with the court you need to provide photocopies of those to the lawyer as well.

Many divorce lawyers offer the first consultation for free. However if you want to consult with an expert in the field you may have to pay for the initial consultation session as well. It is necessary to clarify this point before you go to meet the attorney.

Depending on how the case is presented, the New York court grants permanent or temporary separation. You need to discuss with your attorney which option you want and ask the case to be presented accordingly.

An experienced Suffolk County divorce attorney would be able to present your case in the right legal manner. With the help of the right lawyer maximizing or minimizing spousal support, getting the custody rights of children and tackling such aspects of the divorce becomes a hassle free experience.

An expert divorce attorney is well aware of the legal details and can approach your case in a specific manner. They are also capable of handling the paperwork associated with such a case. All you need to do is hire help from the right attorney and you need not bother about the case any more.

Mejias Milgrim Alvarado, P.C. is a Family Law Firm in Long Island, NY
http://www.mylongislandlawyers.com/

Factors in Determining Spousal Support in California

K. McKinney — Fri, 02 Apr 2010 15:11:17 +0000

Unlike child support, there is no requirement that a court award spousal support (formerly known as alimony) in a divorce in California. The award of spousal support can be limited in duration, limited in amount or denied altogether, depending on the circumstances of each individual case.

In order to determine whether an award of California spousal support is appropriate the courts must consider the parties’ circumstances, looking to the standard of living established during the marriage, the needs of each party and the ability of one party to pay such support.

California state law requires a family court judge to consider 14 statutory factors when making a spousal support decision. While the statute outlines the factors and mandates that the court consider them, there is no test, calculation or formula to apply in determining the propriety of an award. Although each statutory factor must be considered, the court is not under any requirement to give each factor equal weight. As long as all factors are considered, the court maintains broad discretion in making its determination. [see: CA Family Code Section 4320-4326]

Statutory Factors

To reach a just and reasonable decision regarding California spousal support, courts must base their orders on the standard of living established during the marriage. They must then consider the following circumstances:

The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage, taking into account all of the following: (a) The marketable skills of the supported party; the job market for those skills; the time and expenses required for the supported party to acquire the appropriate education or training to develop those skills; and the possible need for retraining or education to acquire other, more marketable skills or employment; (b) The extent to which the supported party’s present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage to permit the supported party to devote time to domestic duties.
The extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party.
The ability of the supporting party to pay spousal support, taking into account the supporting party’s earning capacity, earned and unearned income, assets, and standard of living.
The needs of each party based on the standard of living established during the marriage.
The obligations and assets, including the separate property, of each party.
The duration of the marriage.
The ability of the supported party to engage in gainful employment without unduly interfering with the interests of dependent children in the custody of the party.
The age and health of the parties.
Documented evidence of any history of domestic violence between the parties, including, but not limited to, consideration of emotional distress resulting from domestic violence perpetrated against the supported party by the supporting party, and consideration of any history of violence against the supporting party by the supported party.
The immediate and specific tax consequences to each party.
The balance of the hardships to each party.
The goal that the supported party shall be self-supporting within a reasonable period of time. Except in the case of a marriage of long duration, a “reasonable period of time” generally shall be one-half the length of the marriage. However, the court’s discretion to order support for a greater or lesser length of time is not limited, based on any of the other factors and the circumstances of the parties.
The criminal conviction of an abusive spouse shall be considered in making a reduction or elimination of a spousal support award.
Any other factors the court determines are just and equitable.

Spousal support can be modified and/or terminated after an initial order depending on the circumstances, the duration of the order or agreement of the parties.

Nassau County Divorce Attorney: Specialists in Divorce Law

Jeremy — Thu, 25 Mar 2010 16:05:50 +0000

by Daniel Smith

Nassau County is located in the State of New York. Divorce cases in Nassau County are therefore contested as per the divorce laws in the state by a Nassau County divorce attorney. The first requirement for the proper filing of a divorce case is that of residency. It is for the parties contesting the divorce to check whether their area of residence falls under the jurisdiction of the Supreme Court of the state. This is also a cause of concern for people who have just moved in to the state. The action of the annulment of a marriage can be initiated only when:

The couple gets married in the state and one of them has been a resident of the state for a minimum period of a year before the filing of a divorce.
Either or both the spouses have resided in New York as a married couple for a minimum one year period before the initiation of the divorce process.
The cause of the divorce took place in the state and therefore either or both of the spouses are residents of the state at the time the case was filed.

As stated in the Consolidated Laws of New York- Domestic Relations Laws stated in Sections 230 and 231 of article 13, divorce cases can be filed if both the parties have stayed in the state for a minimum of a couple of years prior to the registration of the case. Divorce cases in Nassau County can be filed on various grounds. These include:

Desertion for a continuous period of a year as per DRL §170.2
Adultery as per DRL §170.4
Harsh treatment meted out to any of the partners as per DRL §170.1
Change of a separation judgment as per DRL §170.5

However, one cannot file a case for divorce on grounds of bad conduct. A case can only be filed in cases where it reaches an intolerable level of torture. No case for divorce in New York can be filed on grounds such as lack of communication between the couple, irreconcilable differences, no fault in particular, incompatibility or even by mutual consent. If the couple has a child, then ancillary issues crop up. The issues that are a cause of concern include the custody of the child, child support and child visitation.

All these grounds are applicable in case of a contested divorce where the validity of the grounds on which the divorce petition has been filed is examined by the jury and a decision on the case and subsequent equitable distribution of property is taken by the judge.

Some couples in Nassau County, New York opt for an uncontested divorce. In such a divorce case, the entire matter is sorted by the couple themselves and then the marital agreement papers are submitted to the court for approval. Uncontested divorce is less expensive and does not involve the legal hassles that are usually associated with a divorce procedure. All you need to do is to seek help from a Nassau County Divorce Attorney.

Using Mediation to Avoid the High Costs of Divorce

Jeremy — Wed, 17 Feb 2010 18:37:15 +0000

by Keith Dysart

The court does not have the time or resources to fully understand the intricacies of your family so they encourage private settlements. The court will likely order you to attend mediation, co-parenting classes and numerous hearings before you case may proceed to trial. Many people have embraced this trend toward private settlements and have hired attorneys and mediators to help them reach a settlement without court involvement. By choosing this path you can reduce the costs of your divorce and decide for yourself what best suits the needs of your family.

In recent years mediation has been used as an effective alternative to litigation in numerous areas of law including family law. I understand that during a divorce emotions are running high and sitting down face to face to resolve your marital issues may not be a pleasant idea. However a mediator can provide you with a safe environment to openly discuss your concerns and help you work toward a mutual agreement. In addition issues like child custody may further benefit from your willingness to mediate because your children are unique and decisions made by you can take into account their special needs.

Collaborative law offers another cost effective alternative to litigation. Collaborative law generally refers to settlement negotiations when both sides have agreed not to involve the court. With collaborative law each spouse may be represented by an attorney who negotiates on their behalf. The cost is higher than mediation but still may be significantly less expensive than litigating your divorce. Collaborative law may be appealing because each side may benefit from an attorney’s representation but it removes the threat and expense of litigation.

As a family law attorney I understand that there are many stresses put on families and marriages during these economically challenging times and often these stresses play a major factor in divorce. My goal in this article is to help those considering divorce and provide them with the information they need to resolve their family law issues. By fully exploring your options you can decide on an approach to divorce that fits your needs.

This article is meant only to provide information and is not intended as legal advice. If you have questions concerning your particular case you should make an appointment to talk to an attorney or mediator about your options.

Keith Dysart is a Family Law Attorney and Mediator in Santa Cruz, CA
http://www.dysartlawfirm.com/

The idea of divorce brings out strong emotions in most people. Feelings of failure, regret and fear all make the idea almost unbearable. On top of the pain of a broken marriage you now must deal with the emotional and financial stress of divorce. Many of the preconceived ideas we have about divorce focus on the few cases that actually go to trial. Over publicized celebrity divorces and TV shows rarely reflect the truth about a typical divorce. The truth is litigating a divorce can be outrageously expensive, but very few divorces will ever make it to trial.
The court does not have the time or resources to fully understand the intricacies of your family so they encourage private settlements. The court will likely order you to attend mediation, co-parenting classes and numerous hearings before you case may proceed to trial. Many people have embraced this trend toward private settlements and have hired attorneys and mediators to help them reach a settlement without court involvement. By choosing this path you can reduce the costs of your divorce and decide for yourself what best suits the needs of your family.
In recent years mediation has been used as an effective alternative to litigation in numerous areas of law including family law. I understand that during a divorce emotions are running high and sitting down face to face to resolve your marital issues may not be a pleasant idea. However a mediator can provide you with a safe environment to openly discuss your concerns and help you work toward a mutual agreement. In addition issues like child custody may further benefit from your willingness to mediate because your children are unique and decisions made by you can take into account their special needs.
Collaborative law offers another cost effective alternative to litigation. Collaborative law generally refers to settlement negotiations when both sides have agreed not to involve the court. With collaborative law each spouse may be represented by an attorney who negotiates on their behalf. The cost is higher than mediation but still may be significantly less expensive than litigating your divorce. Collaborative law may be appealing because each side may benefit from an attorney’s representation but it removes the threat and expense of litigation.
As a family law attorney I understand that there are many stresses put on families and marriages during these economically challenging times and often these stresses play a major factor in divorce. My goal in this article is to help those considering divorce and provide them with the information they need to resolve their family law issues. By fully exploring your options you can decide on an approach to divorce that fits your needs.
This article is meant only to provide information and is not intended as legal advice. If you have questions concerning your particular case you should make an appointment to talk to an attorney or mediator about your options.
Keith Dysart, Family Law Attorney and Mediator in Santa Cruz CA
http://www.dysartlawfirm.com

What’s the difference between a divorce and a legal separation?

MyFamilyLaw Admin — Mon, 09 Nov 2009 04:31:30 +0000

Legal Differences Between Dissolving a Marriage, and Merely Separating

When the marriage appears to be failing, many couples choose to separate first while others seek a divorce right away. What’s the difference?

The most distinct difference between separation and divorce is that a divorce legally and permanently terminates the marriage. Once the divorce is final (and subject to any waiting periods establish by the laws of your state), both parties are free to remarry someone else without any repercussions.

A separation, on the other hand, does not terminate the marriage and does not give the parties the right to remarry without first getting a divorce.

Other aspects of the split – such as child support, property division, custody issues and alimony can all be addressed through a legal separation just as they would be in a divorce and in many states, the legal separation agreement can later be converted to a divorce at the request of one or both of the parties.

So, what’s the point of getting a legal separation?

While there are a few different types of separation, a legal separation will protect your interests as well as that of your spouse while the two of you decide how to proceed as the separation is documented with a separation agreement or court order. Often couples find a way to work things out and choose to reconcile. With a legal separation, there would be no need to remarry as the marriage was never terminated. For some people, their religious or cultural beliefs prohibit them from divorcing. A legal separation would give them all of the legal protections of a divorce, without the divorce.

And in the event that you do later decide divorce is the right choice, that decision is likely made with a clearer state of mind as you’ve allowed some time for the emotions to settle. In fact, many states require that couples separate first before granting a divorce to be sure that the divorce is really what they want and not just a decision made in the heat of the moment.

If you would like to learn more about legal separation, you may be interested in this book about “controlled separation” as well as this book about separation management techniques.

3 Biggest Myths About Spousal Support in California

MyFamilyLaw Admin — Fri, 30 Oct 2009 22:50:16 +0000

Common Misconceptions About Alimony

Most people are confused and misinformed about how the California courts calculate spousal support. Spousal support (alimony) is payment from one spouse to another paid during or after a divorce and is based largely on need, ability to pay and the marital standard of living. Below are some of the biggest myths about Spousal Support:

Myth #1: Spousal Support is ordered for one-half the length of the marriage.

Many people believe that if spouses were married, for example, for ten years then spousal support is automatically ordered to be paid for half the length of the marriage, or five years. There is no California law which provides that spousal support must be paid for half the length of the marriage. While this can serve as a rough guideline, the court takes many other factors into consideration and this guideline should not be relied upon.

Myth #2: Infidelity of a spouse will be taken into considertion by the court when determining spousal support.

California is a no fault divorce state. Therefore, infidelity by a spouse will have no relevancy in a divorce proceeding and will not affect the amount or duration of spousal support ordered by the court.

Myth #3: Once spousal support is ordered it cannot be changed or modified.

Spousal support can always be modified (unless the spouses agree that it will be non-modifiable). Some events which may trigger a modifcation of spousal support are the payor’s loss of a job, a significant change in the custodial timeshare (amount of time allowed with children) or possibly a substantial inheritance received by the payee.

Divorce Software

Jeremy — Thu, 29 Oct 2009 20:00:26 +0000

Do-it-Yourself Divorce Forms Software

for Uncontested Divorces Without Children

This “no-fault” Divorce software from Standard Legal contains all of the background information, detailed instructions and fill-in-the-blank legal forms necessary to prepare and file an “uncontested divorce” — commonly known as a “No Fault Divorce”, or a “Dissolution.”

If there are no children involved in your marriage and if you and your spouse are agreeable to the split of assets and other financial issues, then you can file for a no fault Divorce and avoid the expense of a lawyer.

Download Divorce Software
(from Standard Legal, $49.95)

The forms provide by Standard Legal are the most up-to-date, legally accurate, and easiest-to-use in the industry. Some other providers sell forms that are poorly formatted, out of date, or simply filled with inaccurate instructions. But the following 13 points explain why this divorce software is the best you can buy:

Qualified Attorney Authors:

All of the legal forms within each Standard Legal Software product are carefully researched and written by a highly-qualified, experienced, licensed attorney.

Up-to-Date Legal Content:

All of the content and instructions are updated any time a state or federal law, statute or administrative requirement changes. Our legal forms content is in constant review.

Step-by-Step Instructions:

The comprehensive instructions are written for use by ordinary, everyday people! If you can answer clear, specific questions and follow written instructions, you can complete these forms. The format of this software truly is “fill-in-the-blank”.

Get Started Immediately:

Use the software immediately after purchase! Get encrypted links to the software download server and password-protected online access within seconds after the transaction. Links are provided both on-screen and in an email confirmation.

Easily Downloadable Forms:

Standard Legal’s forms can be downloaded in total within one Zip file, or individually from the online forms server! No .exe file installation required. Both versions are identical in content and functionality, and both are included as part of the purchase price.

Works With Any Computer:

Mac or PC, Microsoft Word or a simple text editor, dial-up connection or a T-1 line — no matter what type of system you have, you can use Standard Legal Software. True cross-platform, multi-program legal forms options.

Free Technical Support:

The support staff at the Standard Legal Network is trained to help its clients download and access the software effectively. While we cannot provide legal advice to you, our staff will gladly assist you by email in obtaining and using the forms.

Secure Payment Processing:

Feel confident in making an online purchase, as we provide 128-bit encryption of your transaction data and personal information using the latest payment technologies from Authorize.net!

No Shipping Fees:

Because the products sold by Standard Legal are provided in downloadable software format, there are no fees for handling and shipping a printed package of paper. Print out only the forms that you need!

Free Attorney Referral:

All customers gain free access to our attorney referral site. If you decide that handling a situation yourself might not be the way to go, you can log on to our attorney referral site and find a qualified attorney to help you with your case. No charge to post your case!

Legal & Valid in All States:

The forms provided by Standard Legal are valid throughout the USA. Whenever necessary, state-specific language or forms are provided to cover all districts and territories:

Save Money on Legal Fees:

Bottom line, when you use forms from Standard Legal, you can quickly and easily create the same legal documents for which a local attorney would charge hundreds — or even thousands — of dollars. The net result can be a very substantial savings!

100% Money Back Guarantee:

Standard Legal guarantees that all of the documents provided within our software will be acceptable to the appropriate court or government agency, and will refund 100% of the purchase price should a document not be accepted due to our error.

There are some specific requirements for using the forms contained in this No Fault Divorce software:

First, both the husband and wife must agree on ALL of the issues surrounding property division and spousal support (if applicable);
Second, the husband and wife must live separate and apart for a period of time as required by state law (see STATE DIVORCE REQUIREMENTS for details);
Third, the signature of each spouse is REQUIRED on all of the documents to be filed with the court, showing that each spouse consents to the divorce and its terms;
Fourth (and somewhat obviously), the whereabouts of each spouse must be known, as both persons must consent to the terms of the divorce and must be willing to sign the documents. IT IS NOT POSSIBLE FOR ONE PERSON TO FILE A NO-FAULT DIVORCE ON BEHALF OF BOTH PARTIES, since full agreement and cooperation of both persons is required!

DO NOT BUY OR USE THIS SOFTWARE IF ALL OF THE ABOVE CONDITIONS CANNOT BE MET! If total agreement cannot be reached by both persons involved on ALL of the issues related to ending the marriage, then a “no fault” divorce cannot be completed and legal representation should be sought.

What Is An “Agreed” or “Uncontested” Divorce?

MyFamilyLaw Admin — Mon, 26 Oct 2009 23:48:32 +0000

It Doesn’t Have to Be a Battle

While some divorces result in lengthy and sometimes ugly court battles, many divorces are actually quite civil and even mutually sought. These are often referred to as “agreed” or “uncontested” divorces, meaning that both sides have come to terms and just need a court to sign off, approving the agreement and granting the dissolution.

In addition, an uncontested divorce can also refer to cases where one of the spouses does not raise any objections. This can mean that the spouse agrees with the terms as mentioned above but it can also include cases where the spouse simply does not respond to the subpoena either because they can no longer be found (see “Missing Spouse Divorce” for more) or just because they have no interest in fighting the divorce. In the last example, the uncontested divorce would likely result in a default judgment for the petitioner.

Many uncontested and agreed divorces are relatively simple and don’t involve complex property settlements. For this reason, they can often be filed without hiring an attorney by using one of the many do-it-yourself divorce forms.

Is Property that I Acquired During a Separation Considered “Marital Property”?

MyFamilyLaw Admin — Wed, 09 Sep 2009 12:56:06 +0000

The Status of Property Acquired Before the Divorce is Final

When a couple chooses to marry, any property they acquire after the wedding is considered to be part of the marital estate, with a a few exceptions. If the parties divorce, the accumulation of marital property ceases and any property acquired thereafter is considered to be separate property.

But what happens when the couple is separated? Is the property community or separate?

That will all depend upon the type of separation you have and the laws of your state but generally speaking, any property acquired during a legal separation is considered to be separate property and not subject to the marital estate.This “separate” status would remain true for the property in question after the parties reconciled as well since the property was acquired while the marriage was legally “suspended”.

However, it should be noted that separate property can become marital property through a process called “commingling “. Essentially, this occurs when separate property is mixed with or used to acquire marital property and the distinct separate ownership becomes too muddled to sort out.

In the event that you are legally separated and considering reconcilation with your spouse, you may also want to consider drafting a post-nuptial agreement to identify your separate property acquired during the separation and protect it from becoming part of the marital estate should the reconcilation not work out.

A post-nuptial agreement can be an inexpensive alternative to battling it out in court later and don’t require an attorney to create. Click here to learn more about drafting your own post-nuptial agreement .

Does Fault Affect an Alimony Award?

MyFamilyLaw Admin — Wed, 09 Sep 2009 12:53:47 +0000

The Effects of Divorce Fault on Spousal Support

Whether the issue of fault will play a part in your alimony award depends solely upon the laws of your state.

Many people assume that a “no-fault” divorce also means that fault will not be a factor in deciding alimony however, this is not always the case. While some no-fault states do apply the “blameless” process to alimony proceedings in addition to the divorce itself, other no-fault states will in fact, consider misconduct when determining alimony, even if the divorce was based upon a mutual “no-fault” agreement between the spouses.

The same is true of states offering at-fault grounds. Some may consider misconduct during alimony decisions while others will not, regardless of the misconduct in question.

Typically, most states also rely on other factors as well, such as current incomes of the parties, the ability to sustain your current standard of living, future earning potential, current expenses such as college tuition for a full-time student or a mortgage payment and of course, any previous arrangements that may have been made in a pre-nuptial agreement.