Oftentimes people complain about how bad their divorce attorney was, but just as often divorce attorneys complain about how bad clients are to work with. Without taking sides on who is right (probably both…) here is a great article on how to effectively work with your divorce attorney to give them what they need to get you what you need. Give it a read and if you are going through a divorce some of the ideas might make your situation a LOT better.
Family law offices are commonly judged by their reputation and the quality of their attorneys and staff. When it comes to public appeal, perhaps the greatest characteristic that a law office can possess is an enduring reputation for providing quality legal advice and compassionate representation. Thus, a respected family law office must employ family law attorneys and employees that are capable of upholding its reputation. Reputable family law offices provide their clients with the best legal services to fulfill their needs and expectations.
A good family law office is committed to providing passionate individualized representation to its clients by practicing exclusively in the field of family law, limiting the number of clients in order to provide sufficient personal attention throughout the legal process, promptly returning your telephone calls and messages, keeping you informed about the status of your case, approaching deadlines, and case strategies, comprehensively explaining the advantages and disadvantages of available options so you can make informed decisions about your case and by serving your best interests in the most cost-effective approach possible.
Also, if you want to seek legal assistance, you should go to a family law office within your local area. A local family law office can provide you with a sense of confidence and security because its legal counsels will certainly know how to deal with your particular situation in a competent and professional manner.
It is essential to know what each family law office has to offer to your particular case. Choose a family law office whose lawyers specialize in the field of family law because it is highly advisable to have a law office representing you with extensive knowledge and experience that is relevant to your case. You should find out how a family law office will handle your case, how many hours the attorneys will be working on your case, and possible ramifications that could follow.
On the other hand, getting the services of a family law office does not mean that you are guaranteed a definite result for any given situation. Choosing a family law office mean that your chances of getting a positive result becomes greater since the members of a reputable family law office make all efforts to research all the facts and details necessary to win your case.
When looking for a family law office, make sure that you personally meet with the family law attorney who will handle your case. The family law attorney should have sufficient time to allot to your case. Above all, you should feel comfortable when discussing your concerns about your family law case. Also, the family law attorney must be able to provide you a truthful and straightforward opinion about your case.
Moreover, if you are facing a family law case, it is necessary to know the success rate of the family law office. You must know how similar cases were managed by the law office and know their outcomes. Sometimes, family law offices readily provide referrals of their former clients.
Whatever family law case you are encountering, it is of utmost importance to have confidence in a family law office especially if you are going through a complex legal matter such as divorce.
Deciding on which family law office you want to use is essential, but finding the right lawyer for your divorce case is more important. This link leads to a guide that can help you find the right divorce lawyer.
The main objective of a family law mediator is to mediate the issues a family has and be able to reach a decision that will be beneficial to the parties particularly if there are children involved. Most mediators are lawyers, however some are other professionals certified in resolution of family disputes. Several cases a family law mediator deals with are concerned with divorce, child custody and support issues.
One duty that a family law mediator needs to fulfill is to act as a family counselor in cases where couples are having trouble getting along but do not want to get divorced. This kind of mediation is what is known as family counseling mediation. The mediator needs to listen to both parties and get to the real issue that causes the conflict in the marriage. Common issues that cause marriage conflicts include grief over the loss of a child, relationship issues and changes in behavior from outside influences. In these cases, the mediator will listen to the complaints of the couple, speak with the children in the family and most likely suggest that the couple see a therapist and return to the family law mediator.
Another task that a family law mediator needs to do is to mediate in situations where the couple is already decided to get a divorce. The parties may need legal assistance on matters such as property division and child custody. In such cases, couples already have their own lawyers who advise the mediator what their clients want out of the divorce. The mediator reviews pertinent documents related to joint assets, debts and salary details as well as incurred expenses on behalf of the couple’s child. The mediator may meet with the couple for a number of sessions in order to come up with an agreement for the parties before submitting the documents to the family court judge for approval.
Aside from that, a family law mediator may work with court programs such as Alternative Dispute Resolution. This program assigns mediators to assist families who may not be able to afford a family law lawyer or who have legal conflicts that were not resolved prior to court. The family law mediator receives an appointment from the court to mediate the case and needs to notify the parties involved about the time, date and place for mediation. If the parties are not able to attend the mediation, the mediator will need to reschedule the session.
Other steps that a family law mediator needs to take when mediating a case include filing the agreements with the court, informing the parties about case updates and sending the mediation reports to the judge. In addition, the family law mediator needs to perform accounting duties which include billing mediation time and sending invoices to clients. Also, mediators have to attend training seminars and classes to be updated on family law issues and related laws in every jurisdiction.
If you are facing a family law issue, a family law mediator may help you in resolving disputes and negotiating a settlement in a simple and amicable way.
In several communities, legal aid services are available to residents who have low income and cannot meet the expense of legal advice and representation. Often, these services are offered for free or at a significantly discounted cost. In numerous cases, getting the best legal aid has more to do with the person in need of assistance than the attorney who helps him or her. A person can make the most of legal aid assistance by getting help as soon as a conflict arises, being honest with the legal aid attorney and conscientiously following the attorney’s advice.
An individual who wants to make use of legal aid services need to demonstrate eligibility. This often includes showing proof of income and providing other information related to your finances that are essential in order to establish need. For instance, a legal aid service may consider the amount of gross income an individual has together with the number of people for whom he or she is financially obligated in assessing financial need. Also, a legal aid service may consider whether or not a case has merit and several other factors when evaluating eligibility.
Frequently, a person who has been determined to be eligible for legal aid help has little or no choice in which attorney is assigned to him or her. The good news is that legal aid attorneys are well-educated, highly-trained and competent. These lawyers are also subjected to supervision and reviews that help ascertain they are providing satisfactory legal assistance.
Some legal aid services allow an individual some say in deciding which legal aid attorney will represent him or her. In some areas, for instance, legal aid services permit recipients to choose private attorneys, agreeing to pay the lawyers for an approved number of hours of legal aid. In such case, an individual may ensure the best legal aid help by researching attorneys and choosing the one with the most extensive experience and best track record for his or her particular type of family law case. A free consultation has been proven to be helpful in the decision-making process as well. Often, clients are able to evaluate whether they have a good rapport with an attorney during a short consultation.
Regardless of whether or not an individual has a choice of which attorney to help him or her, that person can often greatly influence the result of his or her legal aid case. For instance, seeking legal help as soon as a dispute arises and long before he or she is due in court may play a great impact on how much help a lawyer can provide. The same goes for providing requested documents that are necessary for the case. Without pertinent documents at hand, an attorney may not be able to effectively represent his or her client. At the same time, honesty is important. If a person does not tell the truth to his legal aid attorney or withholds information, this may leave potentially harmful holes in his or her case.
Legal aid in many states are not free, but getting free legal advice for divorce can be a click of a link away. This legal advice can give you a good start to your divorce.
Divorce laws in every state vary and each local county has its special forms. When filing for a divorce in Los Angeles, you can obtain the forms and fill them out for yourself but there are several legal aspects that need to be taken in consideration.
Some of these considerations are the residency requirements in California and in Los Angeles that you need to meet, and whether or not you and your spouse contest the case concerning financial matters, property or parenting if there are children involved in the case. No matter how simple or complex the process is, it is highly advisable that you get a competent divorce attorney in Los Angeles to assist you. A good divorce attorney can help you guide you regarding the issues of child custody and support, spousal support, and division of property and debt along with other pertinent details. If you are not certain about whether you should file for divorce, read this post on reconciliation during a divorce case. Also, see this post on choosing the best divorce lawyer in Los Angeles.
As you start with your divorce case, filling out the forms can be stressful. Keep in mind that not all the forms need to be filled out depending on your particular case. Consult with your divorce lawyer when in doubt with the forms.
In California, the grounds for marriage dissolution include irreconcilable differences and incurable insanity. In addition, in order to file divorce in the state, you must have been residing in the state of California for 189 days or 6 months.
The divorce proceeding in Los Angeles starts by filling out a petition form to dissolve the marriage. You also need to fill out another form as a notification to your spouse or the respondent that a court case has been initiated and they should respond to it within 30 days. If you are the person who has been served and you fail to respond within the allocated time, the divorce case can proceed without your participation. If this happens, the petitioner would then request court orders concerning custody, spousal and child support, division of property division and other related aspects of the divorce. Before a divorce can be granted, there is a waiting period of six months and one day after the respondent was served.
On the other hand, if the respondent files a response on time, both parties can now proceed with the discovery process wherein they will need to exchange information about property, income and other pertinent information. After this phase, the parties can negotiate a settlement agreement together or with the assistance of lawyers. Another option is that one or both spouses may request that the case go before the court to order certain provisions before the trial. Typically, cases go to court over issues such as child custody, spousal support, child support, or request for restraining orders if domestic violence is an issue.
After the discovery, both parties are encouraged to negotiate and settle any issues outside of court as much as possible during a Marital Settlement Conference.
A trial date is set if both parties cannot reach a mutual agreement and getting court orders for some or all aspects of the divorce is necessary.
In the court trial, your lawyer will present evidences relating to the case in order for you to receive the outcome that you desire. After hearing both sides, the court will then make a judgment or a final decision.
To file a successful divorce you must hire the right divorce attorney for your case. This link leads to an article that shows you the the many steps you must follow to find your divorce attorney.
A recent trend in the news is the idea of throwing a party and giving gifts to someone who just got divorced. If you find your self with an invite to a divorce party here are a few ideas for what to bring as a present:
- This site offers lots of personalized supportive items, like coffee mugs that say “you’re too good for him.”
- This website has a hilarious idea for somebody who had a crazy spouse.
- This gift site has some great ideas for what to get the newly divorced.
- Nothing says “happy divorce” like a chocolate bar that says “happy divorce.”
Hopefully this gives you some good ideas for the next divorce party you have to attend. My guess is that Los Angeles is going to lead this nationwide trend in a big way.
Courts issue protective orders which are also known as restraining orders to individuals who need protection from verbal or physical harassment or abuse. Acquiring a protective or restraining order against an abuser is a legally appropriate way to seek protection from further contact, abuse, and harassment. Each state has different laws concerning protective orders. This is a general guide in order to obtain a restraining order. You need to check with the local court in your area for a list of local rules.
Fill out the “Temporary Restraining Order” and the “Request for Order” forms which can be obtained from the court clerk.
File the “Temporary Restraining Order” and the “Request for Order” forms with the court clerk. The court will then set a hearing for the protective order either on that same day or the next business day. During the hearing, the judge may ask you questions about the abuse or harassment.
File the judge’s orders together with the “Restraining Order After Hearing” form with the court clerk and get a court date for the hearing for the final restraining order.
Be sure to bring a copy of the temporary restraining order to the police.
A copy of the temporary restraining order should be served on your spouse. You can get a law enforcement officer or a process server to serve the order. You may also have a friend or family member who is not less than 18 years old and not a party to the case serve the order. There are some law enforcement officers who will serve the order for free. The person who serves the order must fill out a “Proof of Service” form.
Before the hearing, file the “Proof of Service” form with the court clerk.
You must attend the hearing for the final restraining order. Bring any evidence or witnesses you have with you to court.
Then, bring the final restraining order to the police to have served on the abuser.
Important Things to remember
Protective orders should not be used in place of custody orders. Do not list your children unless you are truly in fear for them and be prepared to file a legal action for the order to remain in place with them on it.
These orders only stay in place for one year unless they are nullified.
Defendants also have the right to a hearing on the order. If the order provides you exclusive use of a residence, he or she has the right to a hearing within 5 days of the request or else, he or she has a right to a hearing within 10 days of the request. Because it is your petition, you have the burden of proof to demonstrate why it should remain in place.
If you want to dismiss your petition, the court will want to hear from you alone to make sure you are dismissing it at your own discretion without the pressure of the defendant.
You should be careful because protective orders are just pieces of paper. Most people will abide by these orders but people who want to hurt other individuals do not care about pieces of paper.
Alimony or spousal support is a monthly payment that covers every day expenses of an individual after a divorce to ensure his or her financial stability. Under California law, both spouses seeking a divorce may be entitled to spousal support depending upon their financial situations. In some marriages, one partner has a stable job and earns a large percentage of the family’s income whereas the other partner either has a part time job or has the responsibility of caring for their children and maintaining the household. When there is a considerable difference in the earning potential of two spouses, the spouse who earns less may want to seek spousal support from the other.
In most states, spousal support is usually given to the wife but this is not always the case. How alimony will be awarded in a certain divorce case or whether it will be awarded at all is determined based on the details of the couple’s marriage and individual backgrounds. In situations where both spouses earn equivalent incomes, alimony will not be awarded.
Similarly, not all marriages require payment of spousal support. It will not be an issue in the divorce proceedings if it is not sought. However, if it is requested, there are several various factors that must be taken into account to determine if you will be entitled to it. Some of them include the duration of the marriage, the finances available to each person, the health condition of each party, the income and assets of each spouse and the earning capacity of each.
Alimony may be ordered temporarily, during a period of separation or while a divorce is pending. It may also be ordered short-term, long-term or conditionally. If one spouse has no adequate skills to get a stable job, a rehabilitative spousal support may be given while the spouse acquires the necessary training that he or she must undergo. Temporary spousal support may be awarded during the divorce proceeding if possible. Permanent spousal support may be awarded once the divorce is final. In marriages of short duration, permanent spousal support is usually awarded for half the duration of the marriage. In long duration marriages, permanent spousal support is usually awarded until the death or remarriage of the supported spouse.
Spousal support may be modified if a change of circumstances justifies a modification. However, the increase in the income or assets of the spouse who pays spousal support may not be an adequate reason to justify a modification of alimony unless the permanent spousal support award was not enough to enable the supported spouse to continue living in a comfortable lifestyle.
In general, spousal support is tax-deductible for the paying spouse and a taxable income for the supported spouse.
Alimony is an aspect of divorce that requires knowledge and skills to be negotiated successfully. It is essential to have a divorce lawyer that will guide you and aggressively pursue a fair spousal support payment for you based on your circumstance.
There is a lot of information here about understanding alimony for your divorce case. If you still need help understanding the alimony you receive or must provide, then you should hire a good divorce attorney. When looking for a divorce attorney, find one that has a background of handling many alimony cases.
About the Author
Paul Miller is a frequent contributor in the area of family law with a specific focus on Texas divorce. Check out the Morgan Law Firm websites that he writes for. They have offices in Houston and Austin.
Divorce and family laws are complicated legal matters. Even a little mistake can have a negative impact on an individual’s life. Hence, it is highly advisable to seek help from an experienced divorce attorney in filing for divorce. If you want to file for divorce in Los Angeles, it is recommended that you contact a Los Angeles divorce lawyer before initiating the process so that you can make sure that you are made aware of your legal rights and obligations.
Grounds for Divorce
Los Angeles, California follows no fault divorce laws. It means that the court does not examine which party is at fault before giving judgments over issues such as division of assets and child support. On the other hand, you or your spouse should have lived in the county for a minimum of 6 months prior to filing for a divorce in Los Angeles.
When You Get a Divorce Lawyer
When you decide to get a Los Angeles divorce lawyer, he or she would need to make certain that the decision is in your favor. The lawyer will help you in every phase of the divorce process. If you are one filing for divorce, the lawyer would file a petition with the court on your behalf and inform your spouse about your action. When your spouse or his/her lawyer responds to the divorce petition, lawyers of both parties will begin the investigation of the case. For the time being, the court gives temporary orders on various divorce issues that you are obliged to follow.
After the investigation, both spouses together with the lawyers will have a meeting in front of the legal authorities. If you and your spouse agree on the terms of your divorce such as child custody and other issues, divorce is granted without delay. If you cannot reach a mutual decision, the case then goes to the court for trial. During the trial, your lawyer will represent you and defend your standpoint.
Hiring a Los Angeles Divorce Lawyer
When you hire a Los Angeles divorce lawyer, you should make sure that the attorney is experienced and knowledgeable about the family laws in Los Angeles. You should consider the lawyer’s experience concerning divorce cases and the number of cases that he or she has handled. An experienced divorce lawyer can help you out with complex legal issues such as spousal and child support, child custody, division of property and debts and other vital aspects of divorce.
Most divorce lawyers offer free initial consultation and you must take advantage of this as an opportunity to ask the lawyer about his or her background and the fees that he or she charges. Be sure to inquire about matters that you may be uncertain of regarding your case as well as the percentage of divorce cases that he or she has settled out of court as compared to those that went into trial. Also, an experienced lawyer can be able to estimate how long it would your take your case to be finalized and how much it would cost.
The hottest trend in family law is the use of collaborative law as a way to avoid ugly, relationship-damaging conflict and to reach an accommodation on how to best resolve the case. It is particularly popular in cases where the parties have young children and will, out of necessity, have a long term ongoing relationship.
Some of the negative sides of collaborative law that rarely are talked about include its cost, its slow moving process, and the fact that either side can opt out of the process at any point prior to a settlement and can proceed with traditional litigation.
A very good post on this topic was done on the Get Real Zone blog. Check out their post on collaborative divorce.