Divorce lawyer

Divorce lawyer

Child custody, visitation, and support issues when the non-married couple separates from one another

Married or not, you still have children together and when you break up with your partner your children need to have a well-thought-out future regarding how you and your partner are going to parent them. This can be very hard to do in a constructive and humane way, but if your ability to get along civilly with your ex-partner cannot be achieved, you should reach out to a divorce lawyer who can help you by treating your breakup like a divorce despite the fact you are not married.

If both of you are the legal parents of the child, whether biological or because you jointly adopted the child, or the non-biological parent adopted the child, you both have a legal and valid right to the child. This means that your child-related disputes are going to be handled the same way as if you are divorcing married couples with children.

You can be required by the court to attend mediation sessions or submit to an investigative process with County personnel to further decide which parent should have full custody or whether both parents deserve to have joint custody.

After listening to a County social worker’s report about how each of the parents of the child in each home situation that you provide for the child the Family Court judge is going to have to make a child custody decision and visitation decision with your child’s health and care in mind. You can talk to a divorce lawyer such as the ones available at May Law LLP about any issues that you come up with.

The best interest of the child is always going to be the legal standard that the judge is going to follow, and in most states, you are allowed to propose your own custody and visitation arrangement and if the judge finds it sensible and correct then they will be approved. The issue arises if one person is disputing a suggested proposal, or otherwise filing for sole custody of the child.

Oftentimes in many states, the court is going to order both legal parents to retain custody, which is often called joy or shared legal custody. This means that each parent is going to be able to have a say equally in the child’s life, such as education, medical care, religion, and more. When both parents have joint custody of a child they are both equally responsible for the support and legal obligation to care for the child.

No matter what you and your partner decide, a divorce lawyer on both sides can really help ensure that everything is airtight and understood while it is to everyone’s satisfaction. Child custody can get messy, and when it gets messy it can really hurt the child in the family the child is used to.

Do I Need a Lawyer if We Agree on Custody?

Divorce Lawyer

Parenting in the midst of a divorce adds a challenging layer to an already complex process. Deciding who will have physical and legal custody of your children can be an overwhelming task. Parents may decide on a custody agreement amongst themselves, or have to attend court for a judge to decide. Read on to learn about how you can make custody arrangements successful:

File for Joint Custody

Communication is the key to working out child custody. If you and your former spouse have an amicable relationship, you can work out a joint custody agreement together. Discuss the specifics and fill out the necessary forms together. Then file them at your local courthouse to create a formal custody agreement. Be sure to check your state’s specific laws to determine what documents you need and what steps to take to make the agreement official.

Attend Mediation

If your relationship is less friendly or you have communication concerns, mediation might be a better solution. Mediation is an excellent option for parties who want to avoid the costs and hassle of litigation but need a little extra help. In this process, you meet in the presence of a third-party mediator who is an expert in conflict resolution. They will walk you through everything, facilitating conversation and guiding you toward solutions. The mediator does not make the final decision. You and your spouse keep that control.

Try Arbitration

If a mediator can’t resolve a dispute, arbitration may be the best choice. Like mediation, arbitration uses a neutral third party to resolve conflicts outside of court. However, the arbitration process is a little different. An arbitrator acts as your private judge and relies on information given by both sides to make rulings about how to solve your issues. Whereas you and your spouse are in control of the final decisions in mediation, in arbitration, the judge’s ruling is final.

Keeping a divorce out of the courtroom is possible. If you and your spouse want to avoid court while completing your custody agreement, consider one of the three options above. Filing a parenting plan yourself, using a mediator, or hiring an arbitrator can save you time and money in simple cases. For more complicated cases, as a divorce lawyer from AttorneyBernie.com would agree, consider hiring a family lawyer trained to help you in this difficult time.

Is Estate Planning Really Necessary for the Average Person? 

Is Estate Planning Really Necessary for the Average Person?

You may think that having a will or doing estate planning is only for the wealthy. You also may think that creating a will or planning for your future isn’t necessary at the moment. This is simply not the truth. Typically we don’t think of our family possessions until a divorce happens. Dividing up items, homes, and other assets become the topic of choice during a divorce; however, what about if you’re happily married? What are some things you should think of when discussing your possessions and children? Our friends at Klenk Law believe that everyone who has any kind of assets should have an estate plan. For these reasons and more, you should speak with an estate planning lawyer about your ideas and plans for the future. Continue reading to learn more and make sure to set up a consultation with a lawyer as soon as possible to get started. 

You Can Appoint a Medical Power of Attorney

No matter how much you have in assets, you can still have someone in charge in case anything ever happens to you. This person would make decisions on your behalf if you should ever become incapacitated. They should be someone you really trust who will have your best interest at heart and know your wishes. You can also be as detailed as you want with your lawyer to have in writing what you would like to happen if different scenarios end up coming up in your life. For example, you can write down what you would want to happen if you ever fell into a coma or were on life support. You can also detail how you want to be buried or what you want a funeral to look like once you pass away. 

You Can Create a Will

Having a will is important for anyone with assets. You can detail everything that you want to happen whenever you are gone from the world. It is important to have everything laid out in your will so that your loved ones can better focus on grieving your loss, rather than trying to determine who gets what. Even if you do not have very much money, there may be certain items of sentimental value that you want specific friends or family members to receive. Or, you may want your home to go to someone after your passing. These are all important rights you have that you need protected. A good estate planning lawyer will be happy to go over what you have and help you figure out how to distribute everything. 

You Can Protect Those Who Depend on You

One of the most important things to you may be making sure any minor children or pets are cared for after your passing. You can go over this with an estate planning lawyer to appoint a guardian for your children and a new owner for any animals you may have. You can also leave money to anyone who will be caring for those who depend on you. 

Contact a Lawyer

Reach out to an estate planning law firm today to set up a consultation with an experienced lawyer. You and your loved ones deserve to have some type of sense of security when it comes to your possessions. An attorney can go over everything in detail with you to make sure you can rest easy, knowing that all of your loved ones will be cared for even when you are gone. 

5 Things To Do When Served With a Divorce Complaint

Divorce Lawyer

You might be tempted to put that divorce petition in the trash can when you get it, but you have to face it. Don’t put it in a drawer or bury it in a stack of paperwork. Instead, open it up and take the next steps to prepare for your divorce.

Read the Petition

Yes, you are having a lot of emotions. Set those aside for a moment and go through the petition to find out what your responsibilities are. As a divorce lawyer from a firm like the Law Office of Daniel J. Wright can explain, the divorce documents will tell you how long you have to respond, requests for child and/or spousal support, and a lot of other great information. It might be a lot to process in one session, but pay close attention to any dates to take the next step before the time line runs out.

Talk to a Lawyer

You will need to respond to the petition, but it might be good to hire a lawyer before you do. If you can’t afford the full fees, discuss having the lawyer help you draft a response to the demands of the petition instead of helping you through the full divorce. If you have an EAP with your work, you may qualify for legal assistance. Having a lawyer on your side can help you save money long-term, so don’t just think about the immediate need, but consider all the benefits.

Respond to the Petition

Failing to respond to the petition will put you behind the eight-ball. If you don’t respond, the court may enter a default divorce against you. You may lose some rights if you don’t respond. It’s important to remember that responding doesn’t make the divorce final, but it is the next most important step in the process.

Gather Documents

Your lawyer will need information from you about your financial situation. Gather tax documents, usually for the last three years, birth certificates, mortgage documents, bank account information and anything else that establishes your financial position. Your lawyer may also give you information about protecting your accounts and assets as the divorce progresses.

Protect Your Communication

At the very least, change your passwords on all your accounts, banks, social media, email, and any other place you don’t want your spouse to gain access. Use a password your spouse wouldn’t guess. Ideally, you may even want to set up a new email account and set your social media to high privacy. You may need to change banking information, but make sure to check with your lawyer.

Contact a divorce attorney to get more information.

My Spouse Just Asked for a Divorce- What Should I Do Now?

When your spouse asks for a divorce and you are uncertain of what to do, there are different things you can try depending on the outcome that you’re seeking. Whether the divorce seems out of the blue or you sensed it might be coming, it can be scary to hear your spouse say it out loud. You might be prepared to do everything to save your marriage, but your spouse might be saying they’re done.

And if you truly want to avoid divorce and you must demonstrate that you are capable of really changing whatever problems are in the relationship. You should think deeply about what has gotten you both to this place of wanting a divorce on one end and not on the other. What behaviors can you change on your end in hopes of avoiding divorce? To figure out this, you should think about what your spouse has complained about over the course of your marriage.

It might seem unfair to you that you have to do all of the changing but when your spouses hit their limit and you are the one that wants to make it work then you are going to be the one that needs to make the first real move towards real change. And remember, it’s not over until it’s over. Even spouses that say they want to divorce might not be truly set on having a divorce.

Of course, like always, if your spouse is asking for a divorce, you should most likely reach out to a family lawyer, such as the ones available at Law Group of Iowa, for advice and help in preparing yourself for divorce. This is especially true if your spouse 30 acquired a divorce lawyer and served your papers.

Your family lawyer, is going to be able to advise you on the best ways to try to stop your divorce, save your marriage, or just end the marriage amicably. They are going to be telling you what not to do if your spouse wants a divorce, such as acting out in anger, acting nasty or vengeful, or even acting desperate. Not only can these types of actions sabotage any chance you have in the marriage amicably, but it would definitely sabotage any chance you have of saving your marriage.

Acting out in behaviors like using drugs, alcohol, getting caught up in the bar scene and flirting will not help you work things out with your spouse in the long run, nor will it help you look good if you’re fighting a child custody case later on. Begging, buying gifts for your spouse, gossiping about your spouse, idealizing all good things about the marriage or yourself, and of course manipulation, will not help matters either. Manipulation is saying things such as I love you or asking your spouse to read books about love and marriage, and of course there are other ways of manipulation and it is all going to look bad on you.

Determining Fault in a Personal Injury Claim

Getting injured on the job or in a car accident can leave you struggling both financially and mentally. Making a claim is a necessary step in regaining financial stability and getting your life back on track, but it can get tricky when you weren’t at fault for the accident. Filing a claim with the negligent party’s insurance can make for a big headache and a longer recovery time as you wait for rightful compensation. Here is how fault is determined and how it impacts your insurance claim.

Proving Fault

If you were not responsible for the accident that caused you injury, you’ll need to prove that someone else is at fault. This means you have to provide evidence that shows they acted negligently and therefore caused the accident. Your proof may come in the form of statements from witnesses, pictures of the accident and a police report.

Proving Your Injury

Not only do you have to prove the other party’s fault, but you have to prove that your injury was directly caused by the accident that resulted from their negligence. It is best to seek medical attention as soon as possible after the accident (wait no more than 72 hours later). Doing so will get you a doctor’s report that can link the accident to your condition. Keep a copy of the medical report to show as evidence for your claim.

Proving Other Losses

Your injury may keep you from going to work, therefore crippling the wages you rely on for a living. You can earn compensation for these losses, too, by proving the salary and hours you would be earning if not for the injury. This plays into how much your claim is worth and how much you deserve after the accident. Medical costs like physical therapy and examinations can also be included in your total compensation worth.

Dealing With Insurance

You should never settle to early with an insurance company. They may try to pay you the least amount possible by taking advantage of the fact that you need money quickly. However, injuries may arise later that are related to your accident, and these can’t be included in your compensation if you’ve already settled.

If you’re unsure how much your claim is worth or whether you should wait to settle, contact an attorney, like a personal injury lawyer in Washington, DC from Cohen & Cohen, P.C. He or she can help you with your case and determine how to proceed so you get the most out of this unfortunate situation.

Want to get divorced fast? Here are the requirements in Washington state

Once a couple in Washington decides to end their marriage, they may want to do so as quickly as possible. However, there are certain legal requirements that must be met for a couple to divorce.

There is a waiting period. In Washington, a person must be a resident of the state for 90 days following the petition for divorce before a divorce can be granted.

Washington is a “no fault” divorce state, meaning that the only grounds for divorce are an irretrievable breakdown of the marital relationship.

Assuming the residence requirement has been met, there are still certain procedures that must be followed before the divorce can be granted. The person filing for divorce must present to the court:: the most recent residence of each spouse, when and where the marriage took place, whether or not the spouses have separated legally, names and ages of children (if any), and residential or domestic arrangements that have already been agreed upon (if applicable).

A divorce filing must also include a statement with regards to the marital property and separate property, and whether alimony will be sought. Couples seeking a divorce in Washington may be able to do so relatively quickly, once the waiting period is over and especially if they have already agreed upon all their divorce legal issues.

However, sometimes they hit a roadblock in the process, whether it is a disagreement about a key divorce issue or other problem. This can hinder the divorce proceedings. Regardless, it may be useful for those seeking a divorce to consult an attorney so they understand not just how the divorce process works, but what their rights are.

Watch what you write your spouse in a text message

Let’s say you want to take your kids to a wedding.

Your soon-to-be ex-husband says no.

You’re discussing it all by text message.

Now that you’re about to get a divorce, your text messages are under a microscope.  They are all also subject to a subpoena and discovery request, which means you might as well think of them as public.

When you first start working with an attorney here at Robinson & Hadeed, one of the first things we will have you think about is your communication with your ex or soon-to-be ex.  From time to time, we may even give you feedback on your communication. Crazy? No. Your communication has to be polite and accommodating.  Sometimes, you are too close to the situation to really see the way your text messages read.

I have seen cases where the wife writes: “You idiot, that is a f—-ing horrible idea.”

I let my clients know: You can’t send texts like that anymore.

When a judge sees your firm but polite texts, you will look like a nice person who just wants to go to a wedding. He, on the other hand, will look vindictive and mean spirited.

Watch what you write, be courteous at all times.  If you wouldn’t want it on a billboard in front of your house, don’t send it.

Why We are Fearless

I may be practicing family law now, but in the past, I also did criminal law. Several times a week, I would be in front of a judge, fearless. Whether that judge is deciding who should get custody of your kids, or whether a repeat drug offender should return to jail, you always have to watch the judge for: What is it that they are thinking? They are just like other people, they are going to give away facial expressions.

Jeffrey A. Robinson and I are both fearless. We are not afraid to take your divorce or custody case to court if necessary. We also aren’t afraid of being tough negotiators during mediation. When negotiating, you have to be willing to walk away to some degree to get what you want. It’s not that you don’t want to settle.

If it’s in your best interest to settle, we will. The goal is to serve you, our client.

Sometimes maybe we can settle financial stuff. If we can’t settle the kid stuff, we go before the judge.