Divorce & Child Support - Overcoming The Dilemma

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A GUIDE TO DIVORCE © DISCLAIMER These materials have been prepared for informational purposes only and are not legal advice. This information is not intended.
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Presentation transcript:

Synopsis Common Divorce Myths A Divorce Lawyer Debunks Some Common Misconceptions About Divorce A Divorce Lawyer Debunks Some Common Misconceptions About Divorce Getting The Facts Right Six Steps to Follow When Hiring a Beyond Repair Lawyer Six Steps to Follow When Hiring a Beyond Repair Lawyer Tips to Retain Some Cash when Faced with Child Support Issues Tips to Retain Some Cash when Faced with Child Support Issues

A Divorce Lawyer on Common Divorce Myths The Kids Can Not Handle It Because They are Too Young to Understand – At a time when children are trying to deal with the changes going on in their life and the emotions that result, these actions will only add to their distress and confusion. Hiring a divorce lawyer who provides mediation services can allow families to work out their differences without the impact that a court trial can cause. The Spouse Who Fights the Hardest Gets the Best Settlement – Communal property states require the marital property to be split evenly between the two states while equitable distribution states give the judge more flexibility in determining what is a fair division. A local divorce lawyer can tell you what the divorce laws are for your state. The Divorce Is Your Spouse’s Fault – Divorce court is not the place to get back at your spouse for getting you to this place. Take your share of the blame or accept that it is just time to move on and make the process as easy on you and your family as possible.

A Divorce Lawyer Debunks Some Common Misconceptions About Divorce The Kids Will Be Okay – Staying in an unhappy marriage is not good for you or the kids, especially if there is any type of hostility or abuse involved. However, ending your marriage can also have a negative impact on them, even if they don’t show the signs right away. The Wife Always Gets Custody – The train of thought has changed on how custody is awarded. Instead of assuming the mother is the parent that should have custody, the decision is made according to what is best for the child. What’s Mine Is Mine, What’s Ours Is Mine – That the state laws will determine how the property is divided and whether the judge has any leeway in giving one spouse more favor than the other. Men Always Have to Pay Women Spousal Support – This is another area of divorce law that differs by state. In most states, alimony, or spousal support, may be paid to either spouse depending on the income of each, the length of time they were married, which one has the greatest financial obligations, and other factors. Every Divorce Has a Winner and a Loser – Once a couple makes the decision to get divorced, they often enter into court with a winner-takes-all attitude that can result in a long, aggressive legal battle.

Divorce lawyers: Getting The Facts Right Division of assets – Depending on your residential location, the division of assets can be an extremely simple or very complex procedure. Disputes usually arise during this point of the divorce process, especially if there’s a disagreement between the two parties as to who should take which assets or property. Experience matters – Finding the right divorce lawyer can reduce your stress and assist in making the best decisions possible. A reliable divorce litigator should be a tactful problem solver who’s skilled at negotiating a solid trial background. When both parties are ready for alternative dispute resolution, like arbitration or mediation, getting a lawyer experienced in divorce mediation or collaborative divorce would be beneficial. Child custody – Divorce lawyers also handle child custody issues, including multi-state and international child custody situations. Some divorce lawyers may be certified as being professional family law specialists. Legal custody – The parent with legal custody is responsible for deciding over the child’s medical care, education, and overall well-being. A court might grant sole legal custody or joint legal custody. Separate property – Assets acquired before or during a marriage as inheritance, gifts or bought separately.

Six Steps to Follow When Hiring a Beyond Repair Lawyer Be definite with your expectations – Divorce tags along sadness, pain, heartache, frustration, and several negative feelings. Most lawyers will offer legal advice, and not your counseling needs. The Affordability of the lawyer – You should consider your budget before getting the legal services. The cost of hiring lawyers varies from one firm to another. Research on divorce methods – Before you walk to any of the law firm, you should conduct a background research on the method that suits your needs. Mediation and collaborative divorce are some of the examples. You should try to figure out on the best alternative that will work out in your case. Use referrals – Probably, you know a friend who had gone through a divorce successfully, get the contacts of that lawyer. Nonetheless, referrals from your other lawyer friends will lead you to the best law firm. Compatibility with the Lawyer – The divorce process will require a lot of information to be shared and the family secrets to be spilled. The lawyer should portray your philosophy and advocate for what you stand for. Interview more than three lawyers – Before you settle for that promising lawyer, you need to have a discussion with at least three lawyers. That gives you more insight about your case and an in-depth knowledge about divorce.

Tips to Retain Some Cash when Faced with Child Support Issues Equal legal advocacy and representation – The custodial parent may need the lawyer in cases where the non-custodial parent refuses to comply with the terms. The non-custodial parent may seek legal assistance to ensure that he/she is not overcharged for the child support. It is economical – You may be required to pay unnecessary high amount of child support, or on the other hand receive less child support. Lack of experience in legal matters – You are not familiar with the court language. You might say something thinking it is important and that may work against you. You might omit some documents therefore lengthening the time that you will spend in court. To avoid such occurrences, it is better to have an attorney to see you through the court process. Prevents threats and intimidation – One of the spouses may be emotionally drained by the process, and may resort to threats and intimidations. Having an established support attorney will prevent this, as there will be a buffer zone in matters of communication. It provides efficiency – You do not want to waste a lot of time researching on the family law, the legal procedure that you need to follow, what you need in your case, and how you will go about it.

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