Mirror of Justice

When to Use a Family Law Attorney

July 19th, 2009 at 04:38pm Under Family Law

A family law attorney can help any family with the various problems that arise throughout the lifetime of a family. Those problems can be divorce, child custody, child support, child visitation, domestic violence, marital assets, spousal support, restraining orders and much more. A family is the foundation of the United States and sometimes families just don’t get along and need to split up.

Divorce is defined as the ending of a marriage in the presence of a court to the extent that the man and woman are no longer legally bound to each other by the same last name. A divorce is not legal unless it is certified by the court and in some jurisdictions of the country, one party or the other must prove fault in the divorce case. A family law attorney can help with divorce proceedings. Going through a divorce can be physically and emotionally draining for everyone involved, including the children, if there are any.

Divorce involves more than just the division of debt and the distribution of property between the two people involved. Divorce also involves deciding on child custody, visitation rights, child support and spousal support. All of this can be done with the help of a family law attorney. Going through a divorce without the helping hand of a lawyer can be a daunting task and can be ultimately impossible to obtain success. The lawyer will be able to help his or her client in regards to what decisions need to be made.

Child custody is one of the most disheartening battles during a divorce because the husband and wife will use different methods of making the other look unfit to care for the children. Many people make up stories of physical and emotional abuse to tell the judge in a child custody battle. This is when a lawyer would be needed. A lawyer can help the person being accused of these horrible actions get through the allegations and present their case in an appropriate manner.

Child and spousal support are not one in the same. Child support is payments that must be made by one half of the couple in a divorce case to the other half of the couple. Child support is to be used for the child’s education, clothing, food, school supplies, medical bills for the child and any other necessities that the child needs to live by. Spousal support on the other hand is payments made to one spouse by the other after a divorce case has been completed. Spousal support goes towards medical bills, legal bills, food, clothing, transportation needs and much more.

If the person who is supposed to be sending the payments refuses to do so or forgets to send them they can be fined by the court or can even face time in jail. A family law attorney will be able to help the party involved in the divorce case receive their payments of spousal support or child support if they are not coming through regularly. All matters involving family law can be resolved with the help of an attorney.

Services From A Riverside Family Law Lawyer

July 19th, 2009 at 04:38am Under Family Law

There are many reasons why hiring an attorney who specializes in family law may become a necessity. The field of family law is a broad one that encompasses many different types of cases and issues. Familiarity of these issues will help one choose the best professionals to help them.

Divorce

Divorce is a painful, stressful process, but a Riverside family law attorney can help make the process a bit easier to handle. This professional can ensure that issues like child custody, child support and spousal support are handled in the fairest way possible. It is generally recommended that each spouse have their own attorney represent their specific interests. Sometimes children are involved in the divorce process, and they may need their own representation as well.

Prenuptial Agreements

Prenuptial agreements have become a common practice today, and for many new couples, this agreement is essential to protecting property, children and businesses. However, a prenup that is not completed or filed properly will not hold water in a court of law. For this reason, it is necessary to hire the services of a professional who will ensure that the process of a prenuptial agreement is followed to the letter, making the agreement legal and legitimate.

Adoption

Adoption is generally a much happier event than divorce, but it is still necessary to have the proper representation of a Riverside family law attorney. If a woman is relinquishing the rights to her child to free him for adoption, she will need representation to ensure that her rights are protected. The adoptive parents will also require representation that can help them file all the correct paperwork to finalize the process.

Paternity

Sometimes the custody of a child cannot be determined until paternity is settled. An experienced family attorney can help to establish paternity that has been ordered by the court, such as in the case where the two parents are not married. Once paternity is established, the child may receive the same rights as children that are born into a marriage. It will also protect the rights of the father to have a relationship with his child and possible custody as well.

Domestic Violence

When domestic violence is occurring, it can be very difficult for the victim to feel comfortable seeking help to get out of the situation. However, a sensitive Riverside family law attorney can handle the situation with privacy and compassion, helping that victim get the help and protection she needs. From filing the protective order to enforcing it, the attorney can be just the one to help a victim get out of this abusive cycle.

There are many aspects of family law that might require the services of a Riverside family law attorney. Whether a family is in the midst of an adoption or a divorce, this professional can ensure that the rights of everyone involved are protected and the final settlement is fair. Many cases that are seen in family court are highly charged and very emotional. It takes the confidence and compassion of a professional well trained in this area to ensure a family law issue is resolved quickly and fairly.

Find Out if Uncontested Divorce is the Best Option for you

July 19th, 2009 at 03:01am Under Divorce Law

Nobody goes into a marriage looking at the reality of divorce a few years down the road, but it happens with many marriages these days. The first thing you need to do is make sure that both you and your spouse have agreed that divorce is your best option. In some states, divorce law mandates that both of you attend marital counseling sessions before divorce proceedings can start, so be aware of the requirements in your state.

If both you and your spouse agree that divorce is your best option, and that marital counseling is just going to delay the inevitable, then you may be a candidate for what is known as an uncontested divorce. Are any and virtually all assets that you jointly own able to be easily divided, where you and your spouse can mutually agree on how to divide them? If so, then an uncontested divorce might be your easiest option and your most cost effective option.

But one of the things that you must make sure you fully understand is the divorce is final. It is not like a trial separation where a couple separates for awhile to understand how life works for them without the other one around. Sure, you can change your mind before the proceedings are finalized, but that is going to cost you even more money, not to mention the personal time you will have used to get to this point.

The other thing you need to fully understand is exactly what is meant by the term uncontested divorce. Generally speaking, it means that both parties agree that a divorce is their best option and nothing will be argued about, either in terms of the divorce itself or in the division of assets. Typically, a couple who is doing an uncontested divorce may have already split their assets and may not even be living together, so the divorce for them is almost just a formality.

Should you do it yourself or consult with a divorce lawyer? A lot of the answer to that question is how far you trust your spouse. If it is truly uncontested and you are 100% confident that no skeletons will jump out of the closet during the proceedings, then you can probably do it yourself and save some money. But if you do not have that level of confidence, even though on the surface it would seem that the divorce would be uncontested, you may want to protect yourself by consulting with a divorce lawyer first.

A good divorce lawyer may be just a consultation or two, where the lawyer lets you know what your rights are and what you can expect. If you truly expect the divorce NOT to be uncontested, you may want to consider actually hiring the lawyer to be with you every step of the way. While the latter option is of course going to cost you more, consider how much more it may cost you if your spouse pulls a rabbit out of the hat during the proceedings, where you are not prepared for something which is going to definitely turn out to NOT be an uncontested divorce. This is a judgment call on your part, but especially in financial terms, it may be better to err on the side of caution to ensure that you do not get hosed in the process.

If you do use a lawyer, do your research carefully. Make sure that the lawyer you choose is familiar with divorce law in your state, and has experience with what was expected to be an uncontested divorce and actually turns into something else. Every situation is different, so be cautious of divorce lawyers who suggest a cookie-cutter approach.

Since you are considering divorce, things have not been good up to this point. Make sure that you do everything you can to make your divorce go smoothly and allow yourself to restart your life on the right foot.

Finding The Best Family Law Divorce Lawyer & Attorney

July 18th, 2009 at 04:38pm Under Family Law

Family law disputes range from complex legal battles to the unchallenged officialising of circumstances. Though aspects may be very simple, and be included in all legal service, others can become heated and highly disputed legal battles lasting many months. While the former may be delivered by any qualified lawyer, it’s best to invest in the best family law attorney if you are expecting a fight.Finding one isn’t just a matter of establishing a big budget for your legal battle. In fact, the first step to finding a strong attorney is to take money out of the equation.Firstly, it’s generally not legal or advisable to use your usual family solicitor if they have previously represented any party that you will be fighting against. In the case of family law, this typically represents the other half of a marriage or a child’s second custodian. You may, however, ask your solicitor for advice in selecting a strong person to represent you.Secondly: Choose experience and specialization. Family law encompasses a vast and varied knowledge base. Lawyers will use substantial reference material to help them pursue complex cases, but their overall knowledge and experience with the subject will substantially affect research time and the quality of their results. A lawyer charging an hourly rate which initially seems quite cheap may in fact take many more hours to accomplish the same as a more experienced attorney. Look for experience, specialization and then price, with an aim to balance the three factors.Budget with your attorney. Most attorneys will be flexible when it comes to formulating payment plans, they are aware that their services can be costly and are sensitive to a clients constraints. Just because you are on a budget does not mean you can’t afford an excellent attorney, in fact it may be to your advantage to spend that little bit more. An experienced attorney will prioritize workload based upon your budget and will be able to establish a far more accurate overview of case costs.To get in touch with an excellent family law Divorce Lawyer Attorney, seek out your local or regional law society or guiding body. These institutions exist, in one form or another, in most western countries and aim to document and accredit genuinely excellent lawyers. That said, you should be wary of false accreditations and ask any prospective lawyers how you might verify their record.It should be clear by now that finding the best family law Divorce Lawyer Attorneydoes not necessarily mean spending a fortune. In fact, you may find cheaper attorneys ultimately cost more due to extended research time and protracted cases. Ensure that they have a good understanding of the areas of law he may be required to fight, and ask them for an estimation as to the length and complexity of the case they are undertaking.

Divorce Lawyer Attorney: How To Find The Best

July 18th, 2009 at 09:01am Under Divorce Law

Divorce proceedings are uniquely demanding on personal finances, time, and emotional resources in a way that few other areas of law resolution can be. There are numerous aspects of divorce proceeding which can be undertaken by a well read individual, but nothing beats the relative peace of mind and experiential knowledge that a highly qualified Divorce Lawyer Attorney can bring to your divorce dispute.With that in mind, we’ve set out to identify the key factors you should consider when looking for a great divorce lawyer. Think of it as your introduction on how to find the best divorce lawyers.Your first step in any search should be to identify the various specialities you might require from them. Law is a vast and sprawling intellectual minefield, and even the apparently singular area of divorce law will fill many substantial reference books. When you consider all this, before even weighing the frequent changes in law which may be relevant to any case, its clear why finding experienced and specialized divorce lawyers should be a priority.Fees should be your next consideration. Just as the scope and skill of lawyers varies greatly, so too does the cost of their time. Their rates vary massively but, though cost is generally a good indication of a lawyer’s expertise, it is quite possible to find a highly qualified lawyer willing to work at relatively low rates. The same is true in reverse too, so: Buyers beware!Once you have chosen a person who is suitably qualified, and who also seems to be within your price range, it’s time to have a meeting with them. These discussions can last from anything between ten minutes and an hour. They will ask questions with the intention of establishing if they are willing to take the case and work with you, just as and you should be considering whether they are suitable to undertake your divorce proceeding.During your first meeting, ask questions which reveal their experience in divorce cases similar to your own. A highly qualified attorney will be glad to recount previous similar cases which they have won, and should provide a relatively frank analysis of your situation, explaining how they can help. Less experienced attorneys will avoid pointing out direct correlation with previous cases.Finally, if you are satisfied with the qualifications and attitude of your Divorce Lawyer Attorney, it’s time to talk money. They should now know enough about your case to quote an hourly rate, which may or may not include a retainer. Don’t be afraid to shop around to get an idea of the best value for money, particularly if it seems your case may be more complex than usual.

How to Pick the Best Family Law Attorney for Your Divorce

July 14th, 2009 at 04:38pm Under Family Law

Deciding which  you should have represent you in your family law case is an extremely important decision and one that can be the difference between getting a fair result or a poor one.  Here are some criteria that will allow you to improve your chances of hiring the best attorney for your case.Experience and State Bar Board CertificationThere is no substitute for experience when it comes to divorce attorneys and you should only consider hiring an attorney who is very experienced in the field of family law.  Frequently people will hire a general practitioner, thinking that divorce cases are routine and uncomplicated and that any lawyer will do.  This kind of thought is a major error.  Ideally, you want a lawyer who is board certified in family law by the State Bar.  This is a certification held by attorneys who have, by experience and knowledge, established that they are worthy of acknowledgment as experts in the area of family law.  In most states this is an highly difficult certification for a lawyer to obtain.Satisfied Previous ClientsThe best way to decide which lawyer is right for you is to hear from that lawyer’s past divorce clients. If you know someone who has been a client of a particular lawyer they can tell you what it was like to be represented by that attorney.  The fact is that some attorneys are simply better at satisfying their clients than others and the only certain way to find this out is to hear from previous clients.  A Plan for Handling Your CaseIt is usually an error in a family law case for a lawyer to apply a “one-size-fits-all” approach.  In other words, some lawyers use the exact same approach on every single case, disregarding the facts or nuances of your particular situation.  This is generally a mistake.  What you want is a lawyer who, at the outset of the case, creates a personalized plan for how your case will be handled.  You wouldn’t use a shotgun if you were trying to kill a mosquito and you wouldn’t use a flyswatter if you were trying to kill a bear.  You would use the best tool for the given situation.  Your case should be handled in this same way.Are You Comfortable with the Attorney?Last but not least, you should be comfortable with and have a good relationship with the attorney.  If for any reason you sense that you cannot communicate effectively with the attorney, then this is not the right lawyer for you and you should keep looking until you encounter the right attorny for your situation.  It is of the utmost importance that you employ an attorney that inspires your confidence and that you are certain will keep your best interest at heart.

Florida Child Custody Law

July 14th, 2009 at 02:53am Under Child Custody

What is the definition of child custody in this state? Who is entitled to that custody? Which state has jurisdiction and can children be moved out of that state? What can the party do if a spouse or ex. is in danger of removing the child from the court ordered environment.

Custody, in Florida means being responsible for the needs of a person under the age of 18; this can be further defined by the physical care and supervision of the child. The custodian has a court order for the right of physical custody along with the duty to rear, keep safe and discipline their charge. Medical, food, shelter, education and other material needs are to be provided.

Both parents are entitled to custody. There is joint custody; so ordered by a court. The public policy assures frequent and continuing contact with both parents. If there are extenuating conditions then a child can be put into home with an extended family member by a petition; temporarily. If there is “probable cause” such as abuse, neglect, or abandonment then that child can be “taken into custody” by a police officer or an authorized person and placed with a non relative.

In joint custody the court will order both parents to share responsibility, they will both retain their parental rights, and jointly make decisions in the interest of their child. If the child is able and has the intellect, the court may consider their participation in the decision. The court can consider both the parents’ desires, or may give one parent the ultimate responsibility for certain aspects of a child’s interests or share the responsibilities.

You will need to provide as much information as possible to the court for evaluation in the welfare and interests of the child. This should include information about you and the other party’s behavior and finances. A lawyer is recommended but not required. They are helpful in gathering, presenting, and convincing the judge.

Florida has the Uniform Child Custody Jurisdiction and Enforcement Act. The custody order will be issued in the state that can determine in the best interests of the child. Usually you file in the “home state” where the child has lived with a parent or person for (6) months immediately before the child custody proceeding started. There are exceptions to the “home state” rule such as: when there is “competent substantial evidence” of a risk that a party could violate a court order by removing a child from the state or country without the notarized written permission of both parents. However, providing this information may be difficult. There may be more and complicated steps where an attorney may be needed.

In summary, in Florida, child custody is being responsible for the best interests of a child to include shelter, food, education and other needs for the minor less than 18 years of age. Both parents are entitled to joint or shared custody so ordered by a court. The custody order will be issued in the state that can determine in the best interests of the child; usually the “home state” where the child has lived for (6) months immediately before the child custody proceeding started. When there is “competent substantial evidence” of a risk that a party could violate the court order by removing the child from the state or country a notarized written permission signed by both parents can be submitted.

How Do Child Custody Laws Help Kids

July 12th, 2009 at 08:53pm Under Child Custody

Child custody battles, and the ensuing oversight of law enforcement in the child’s upbringing, can feel like unwarranted intrusion into family matters. However, child custody laws are designed with the child’s well being in mind and, where warranted, most children will benefit from state intervention. The primary aim of any child custody judgement is to secure the safety and wellbeing of the child, for this reason alone child custody laws protect and safeguard kids.Child custody judgements come in a variety of forms which generally depend upon the makeup of the family and the circumstances of the judgement. Lets take a look at the two most common court judgements and ask: How do child custody laws help kids?- Joint custody. In the event that both parents or guardians of a child or children demonstrate a willingness and practical ability to care for the children jointly a judge will favour a joint custody ruling. This decision essentially awards both parents / guardians joint legal and physical custody of the children, and is therefore subject to the partners agreeing some kind of schedule to share time with the kids.- Sole custody. In the event that joint custody is objectionable due to geography, accommodation or, in extreme cases, forms of abuse or lawlessness by one or both guardian’s; sole custody will be awarded to one parent, or grandparent. This entails the guardian taking full legal and physical responsibility for the child. To off-set this, a judge may award visitation rights to the absent parent or, if the separation is amicable, will advise the couple to establish their own visitation schedule.The use of these two key judgements, when combined with the visitation rights consideration, provides a simple but powerful set of rules to govern a parent’s access to their children. It should be remembered that a judges prime directive is to take whatever action is most beneficial (or least damaging) to the child and so will always favour a joint custody decision if it is practical and safe.Child custody laws are, by their nature, enforceable by the court. This adds another level of protection to the child in that once a court decision has been made, a parent can petition law enforcement to take action if the terms of the ruling are being ignored.This can take many forms, such as: A parent who has lost legal custody of their child demanding time beyond their visitation agreement. A legal guardian not fulfilling their duties to protect and care for the child. A partner not fulfilling their half of care for the child if a joint custody agreement has been reached, and so on.In any situation where child custody is considered by a judge, the primary factor that all other concerns are weighed against is the overall welfare of the child in any given scenario. It should be clear then, that whatever custody arrangement is chosen, the choice is likely to be the most beneficial one for the child.