Difference Between a Divorce Lawyer and Family Lawyer

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There are lots of different types of lawyers, all working on behalf of their clients to reach an agreeable legal conclusion. These lawyers operate within different sectors of the legal system, with various subsets branching off of each. Legal issues between family members fall into the sector of family law, which includes divorce.

What is Family Law?

Family law is one of the biggest sectors of the legal system, consisting of finance law, child law and matrimonial law. Anyone who is seeking to take legal action against another family member will likely consult with and then hire a family law lawyer to represent their wishes.

Family law works to protect the rights of all involved and offer fair representation to both parties. It also seeks to represent people who are involved but do not get a say in the negotiations, such as a divorcing couple’s children. It is a busy sector of the legal system because there are so many domestic legal disputes filed.

How Does Divorce Fit Into Family Law?

Divorce is a subset of family law because pursuing a divorce marks a legal conflict between two people who are legally members of the same family. As such, discussing and negotiating a fair arrangement requires both parties to hire a lawyer well-versed in handling familial issues. Most divorce lawyers are family law lawyers who specialize in divorce.

What Does a Family Law Lawyer Do?

A family law lawyer works with a client to advocate their case, financial or personal, against another member of that same family. This could be representing one spouse in a battle over financial assets, or it could be regarding custody over children or adoption. Family law legal services specifically centers around the family that two people have created together by getting married. In the event of a breakdown, the family law lawyer will handle matters as delicately as possible.

A family law lawyer will be trained to handle important domestic issues that arise when two family members are engaged in a legal battle. Their job is to represent the client who hired them and give them sound legal advice to help bolster their case. Family law lawyers attempt to negotiate these cases outside of court to encourage an amicable settlement, but if that is not possible, they will then represent their client before a judge.

What Does a Divorce Lawyer Do?

A divorce lawyer has exactly the same aim as a family law lawyer: to negotiate a fair and justified settlement for their client. As previously mentioned, divorce is a part of the overarching family law, so a divorce lawyer will dedicate themselves to those same standards. Most often, they are hired to help a couple split their finances and assets in the event of separation, representing them as they legally split from each other.

A divorce lawyer will also advocate during out-of-court meetings in an attempt to settle, but these meetings can progress into court if, again, no settlement is reached. There is a specific focus on

divorce, which allows the lawyer to put aside other broader aspects of family law. They will be able to compare relevant cases based on their experience and work within the divorce subset to help separating spouses settle their legal and financial grievances.

What Are the Main Differences?

While divorce lawyers are almost always family law lawyers as well, there aren’t too many differences to take note of, though some stand out:

  • Family law lawyers have multiple responsibilities, divorce lawyers focus solely on divorce.
  • Divorce lawyers specialize in handling legal and financial matters between two spouses, family law lawyers handle matters pertaining to the whole family, such as custody of children.
  • Not all family law lawyers will choose to handle divorce.
  • Family law firms employ divorce lawyers, but divorce law firms will only hire those specializing specifically in divorce.

Which Should You Hire?

It’s important to remember that because of what it pertains, divorce law is part of the family law framework. So, when you hire a divorce lawyer, you are most likely hiring a family law lawyer. If you want to see a nuance between the two, you should compare what a family law firm and a divorce law firm will offer you.

If your legal issues with your spouse are completely financial, a specialized divorce lawyer will be able to help you negotiate a settlement. However, if the problem pertains to custody or visitation of children, a family law lawyer is the more comprehensive choice because they are guaranteed to have specialized in those issues.

Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

How much does divorce mediation cost in Calgary

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The process of getting a divorce is usually very upsetting for everyone involved. However, it’s not always necessary to engage in a protracted legal struggle that only serves to increase the aggravation and expenses.

Divorce mediation has been effective for many couples in resolving the contentious and difficult questions that arise during a divorce, such as the equitable distribution of assets and debts, child custody and visitation arrangements, child support, and spousal maintenance. Divorce is an expensive process, and mediation might help them cut costs. It’s a good idea to examine the average rates of divorce mediators and consider the variables that may affect the final cost of your split.

How Does it Work?

There is a growing recognition that divorce mediation is helpful for couples to move through the process more efficiently, with less emotional and financial fallout, and more amicably.

When divorce mediation is used early on before any papers are filed, it is not uncommon for couples to be able to settle their differences, settle for an uncontested divorce case, and finalize it without the need for divorce lawyers. However, mediation can be helpful at any stage of the divorce process, up until the trial itself, and even after the divorce is finalized if problems persist.

Even if you end up saving money through mediation, the process may not be free. Multiple variables affect the final cost, including how many issues you have with your partner, the concerns with finances, and a variety of factors that will determine whether you choose private mediation, court-sponsored mediation at a reduced cost or no cost, or community mediation through a nonprofit group.

Private Divorce Mediation Average Cost

The fee for a private mediator or mediation service can range from $3,000 to $8,000, depending on a number of criteria (usually divided with your spouse).

What Fees Are Involved In Mediation Services?

There are two main methods in which mediation firms or private mediators will present their pricing: hourly, per session (which might be anything from a half day to a full day or even two hours) or for a set amount of time.

The per-hour rate also takes a variety of factors into account. These include the following listed below:

1) Are they a divorce lawyer?

The highest rates for divorce mediation are typically between $250 and $500 an hour, and these are typically charged by lawyer mediators who have enough experience and training in mediation in addition to expertise in the field of family law.

2) Is the mediator a specialist in some other field?

In addition to their mediation training, many professionals in the field of family law also hold additional credentials, such as those of a licensed family and marriage therapist or a certified financial analyst. Their hourly rate for divorce mediation services ranges from $100 to $350 hourly, depending on their level of experience and education.

You can indeed cut down on expenses by hiring a mediator who isn’t a divorce lawyer, but that shouldn’t be the deciding factor. When a divorce lawyer is the most suitable to inform the parties of their legal rights and options and examine possible agreements for unintended legal consequences, attorney-mediators may be the most useful.

However, mediators who are financial experts such as licensed divorce financial analysts may be the top pick for those with extensive assets. On the other hand, mediators with counselling backgrounds may be the ideal choice for spouses who need help finding workable ideas and improving communication.

What Factors Affect The Overall Expenses in Private Mediation?

How can you estimate costs for mediation unless you use a service that offers a fixed rate? Some mediators will give you a ballpark figure depending on the time commitment and difficulty of your divorce. Instances where:

– The couple owns property or some assets which will be difficult to divide, such as a family business or retirement accounts;

– The parents are at odds over parenting arrangements as well as child custody or overpaying expenses for their child that aren’t covered by guidelines in child support or other legal necessities

– And/or a spouse is refusing to pay alimony to the other.

The mediator who is most qualified to help you will depend on the complexity and amount of the aforementioned issues that you need to be resolved.

Moreover, the degree of collaboration or disagreement in the relationship, in particular, may influence the length in terms of reaching a settlement through mediation or even if it will be successful for you.

Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

What Are the Benefits of Hiring a Family Lawyer Calgary?

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When you’re dealing with divorce, child custody, child support, spousal support, or other family law issues, it can be tempting to represent yourself. If you have the time and the skills, it might even seem like saving some money would be worth the risk of getting your case wrong and paying more in the long run. However, if you really want to make sure that you get your best possible outcome under the circumstances, you’ll benefit from working with a skilled family lawyer rather than representing yourself in court.

1) Legal Experts Will Help You Avoid Mistakes

A family lawyer will be able to give you personalized, detailed advice about the best course of action for your specific situation. A good lawyer will work to keep you out of court as much as possible and help ensure that, should you need legal assistance, everything is prepared in advance and thoroughly. A family lawyer can also help you plan for future unforeseen events, like dealing with a business partnership or raising children with divorced parents. It’s crucial to speak with an attorney if you are considering adopting a child.

2) An Expert Has Seen Everything Before

After years in practice, family lawyers have seen just about everything. That’s why they’re uniquely qualified to deal with anything you might come across in your divorce proceedings.

This includes:

  • Legal nuances that arise when the property is held jointly
  • Quandaries involving mental and physical capacity
  • Determining the proper visitation schedule for grandparents
  • Navigating contested custody cases
  • Understanding how alimony and child support should be calculated

Remember, it’s not easy to go through a divorce or separation. You deserve someone who understands what you’re going through, can anticipate any potential issues and will work diligently on your behalf.

3) Lawyers Can Save You Money

For many people, hiring a family lawyer is absolutely necessary to properly navigate and protect their interests. A lawyer can help you determine the best course of action to take in your family law case by ensuring that you do not risk jeopardizing your own finances or future well-being. A qualified lawyer can also make sure that if there are any children involved, they are being properly cared for while their parents work out the particulars. Some lawyers even offer free consultations so you don’t have to pay anything upfront. Commonly referred to as divorce attorneys, these specialists know all about divorce proceedings from start to finish, which means they’re able to effectively guide you through every step of the process.

4) Lawyers Keep You Out of Court

Having the right representation can help you stay out of court. Lawyers are expensive and if you are up against an attorney who knows what they are doing, it could result in tens of thousands, or even hundreds of thousands, worth of fees in addition to the legal fees. If you have hired an attorney who specializes in family law, they will be well versed in the intricacies and subtleties that make up family law disputes. And they’ll know which battles to pick and which ones not to fight, based on their knowledge of case precedent as well as their understanding of the judge assigned to your case.

5)Takes The Load Off Your Chest

Finding yourself in the middle of a messy family law issue can be exhausting. Sorting out custody arrangements, making sure your property and debt are divided fairly, and figuring out how to care for your children, it’s enough to make anyone break down into tears. Knowing you don’t have to go through it alone is one less stressor you’ll have to deal with. Having a professional who knows the intricacies of family law on your side will take some weight off your chest, so you can focus on what really matters-your kids.

6) A Family Lawyer Can Help You Heal From the Divorce

After you’ve been through a divorce, you need to figure out how to start your life over. Luckily, hiring a family lawyer can make the process easier. A family lawyer has the knowledge and experience needed to address any of your questions and concerns. This includes deciding what parenting arrangement is best for your children and ensuring that they are supported throughout this process. A family lawyer will also be able to help with all legal issues surrounding the divorce such as spousal support, child support, division of property, and other financial matters.

Hire a Family Lawyer for Success

The above list includes just some of the many benefits that hiring a family lawyer can provide. A qualified attorney will have the experience, knowledge, and ability to protect your rights and interests in your family law case. In addition, if you do not hire an attorney for your divorce or child custody proceedings, you may be at risk of taking less than you deserve from the divorce settlement.

Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

Infidelity in America – Why Do People Cheat?

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There are signs your spouse could be cheating and you can ask any private investigator in the United States what keeps them busy on a regular basis and pretty much every one of them will reference infidelity investigations. It’s a mainstay of the industry that won’t be changing anytime soon, if ever.

Private investigators hear stories all the time, though mostly just from the person who is the victim of marital infidelity. They don’t always hear the reasons for one person cheating in a relationship, but certain facts often rise to the surface over time.

So why do people cheat? Why do they hurt those they claim to love? Why do they risk their happy lives for the purposes of instant gratification?

There are many reasons, of course, but there are ones that pop up more frequently than others. Let’s look at some of the top reasons Americans cheat on their spouses, as indicated in a 2019 survey that was published in Psychology Today.

The survey asked 500 cheaters why they had engaged in a relationship outside of their marriage. Here are some of the top responses:

  1. They Fell Out of Love. This was the top answer on this 2019 survey of cheating partners, with 77 percent saying they simply didn’t love their husband or wife any more and were looking for those feelings of love and care from others.
  2. Nearly three-quarters of respondents (74 percent) said they cheated out of boredom and that they needed some excitement in their life. It’s noted by those conducting the survey that men gave this reason for cheating more often than women did.
  3. Feelings of Neglect. In the reverse of the previous response, more women than men gave this reason for cheating on their spouses. Feeling a lack of attention from their spouse, this answer was chosen by 70 percent of respondents to the survey.
  4. Situation Forces. This is simply to say that a husband or wife cheated as a result of a situation that presented itself that they weren’t expecting. Maybe they were in a bar and one thing led to another, etc. This answer was also chosen by 70 percent of survey respondents.
  5. A Self-Esteem Boost. More than half (57 percent) of respondents said they cheated on their husband or wife to make themselves feel better and more desirable. They needed a boost to their self esteem.

This full 2019 survey and accompanying Psychology Today story can be referenced here.

There are more reasons for cheating that are included in the article referenced above, including sexual desire, anger related issues and lack of commitment to one’s spouse. But we thought we’d just mention the top five for our purposes here today.

Regardless of the reason or reasons a husband or wife cheats in a marriage, it can have often debilitating consequences for everyone involved.

If you suspect your spouse is cheating on you, it’s a good idea to have a professional private investigator look into the matter for you.

Gather the proof and then you can make an informative and knowledgeable decision about what’s best for you, your marriage and your life moving forward.

This article is written by Henry, owner of Aces Private investigations Tampa.

Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

How to Tell Kids About Divorce?

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How to Tell Your Kids You’re Getting a Separation or Divorce

When you and your partner are certain of taking a divorce or separation, it is vital to consider how and when to communicate with your children. Divorce is stressful nowadays, and having two children and contemplating separation makes it much more difficult. Divorce is a difficult experience for children, and seeing them separated from their parents may be incredibly hurtful.

Brisbane Family Lawyers is one of the most experienced lawyers that can help you conquer all of your difficulties and address them with your children and family.

  1. Take your time announcing your choice, and don’t rush into it:

Divorce is not a sudden decision. You and your ex-partner were undoubtedly aware that things were not going well and that your relationship was deteriorating, even if you attempted to repair the marriage. In most cases, this is how it happens – it’s a process that culminates with the major choice.

Don’t tell anyone you’re getting a divorce right away. Spend at least one day with your children as a family. This will surprise them, so take advantage of the opportunity to make them happy before it happens.

  1. Prepare your remarks:

Rather than saying something immediately, it is always better to prepare a plan. Children have pure spirits, and seeing their parents divorced can be tough and emotionally damaging.

Make a strategy, organize your holiday plans, and contact a counselor to address your children’s issues.

  1. Do Everything Together:

It is always beneficial to never let youngsters bear all the weight independently. It doesn’t matter who is to blame for the divorce – you’re all in this together.

For the children, parents are equal, and instead of breaking the news alone and blaming the divorce, other people can emotionally harm children. So, with complete support and love, break the news to them and explain the cause of the divorce. Allow your children to express their thoughts and assist them in clearing their vision once they grasp the cause of the divorce.

  1. Explaining the reasons for the divorce:

It is neither essential nor appropriate for you to discuss the particular reasons for your divorce. Your children, on the other hand, will be intrigued as to why this is happening. Mature children will comprehend why their lives will change. So, while you don’t want to provide personal details, be ready to present a general picture without apportioning blame. “We thought it wouldn’t come to this, but we can’t seem to mend our relationship.” “We each have distinct goals in life.” “We enjoy each other and want to remain friends, but we are no longer in love.” Recognize that these are adult issues that your children, even if they are intelligent and mature, will not grasp.

  1. Leave the Important Decisions to Them:

If your children are mature enough, they will want to participate in this procedure. They may want to pick who they reside with. However, encouraging people to make this option is not the same as giving them a say.

This is something you and your ex-partner should discuss.

If your children are mature and younger, it is even more critical that you make this choice for them. Let them decide what they want.

  1. All of your children should be there when you tell them:

You may believe that if you have older kids, they would understand why you and your husband are splitting. You may feel more at ease informing them while keeping the child stress-free. It would be best if you did not do so.

It’s preferable to have this discussion with the entire extended family present. If you have more than one child, they will support each other. Don’t take it away from them by making one of them cope with the grief alone when you instruct them not to speak to their brother or sister.

  1. Prepare for reactions and be ready to deal with them:

Every kid will react differently to the separation announcement. Some people may scream immediately but then pretend as if they didn’t hear anything. Their method of thought is to ignore this truth. Things fall into place. Other youngsters may continue to change the topic. They may rarely listen. Sometimes individuals may get emotionally unstable and weep for weeks. Others will not display emotion; instead, they will hide it deep within.

When notifying your children about your divorce, you should be prepared for these reactions. What will you be required to do? Be there for your children. This is the period when they require your assistance the most.

  1. Allow them some time to acclimatize to the news:

It’ll still take a couple of days for you and your kids to adapt to such a significant shift, and although you may be comfortable in the destiny you envisage for them, it will take a bit of time to see that potential unfold. Meanwhile, remain fully present in the moment and soothing. Mimicking your healing process over time will assist them in adapting and recovering.

Contact the right experienced one!

Central Coast Family Lawyers are competent attorneys who always back your choice and explain it to your children. Some decisions are upsetting and require time to digest, but the proper lawyer can point you in the correct direction.

Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

What To Ask Divorce Lawyer at First Meeting

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What To Ask Your Divorce Lawyer at the First Meeting

Hiring a divorce lawyer comes with many benefits — legal expertise, complete divorce paperwork, and help with asset division and custody agreements.  When you’re looking for an attorney, you may wonder, “how do I find the best divorce lawyer near me?” By asking the right questions, you can find the best attorney to help you navigate your divorce process quickly and smoothly. Here are some must-ask questions during your first meeting with your potential divorce lawyer:

Should I Communicate With My Spouse?

Letting go of all the time you’ve spent with your spouse can be challenging. You may want to continue speaking during the divorce to help you build a friendship after the divorce. Communicating directly with your soon-to-be ex-partner isn’t always advisable as it can impact and derail the process.

Talk to your lawyer about the extent of communication you should maintain. They’ll draw on their experience to guide you on whether to maintain a personal relationship. Your lawyer can explain the attorney-client relationship, so you’re on the same page about attorney-client privilege.

You can ask your lawyer for advice if you’re leaving a toxic marriage or having trouble communicating amicably with your spouse. They’ll suggest ways to diffuse conflict if you want to handle the divorce out of court.

How Will the Divorce Impact the Kids?

Every parent wants a divorce to go as smoothly as possible to lessen its impact on the children. Ask your lawyer about their opinion on sole custody and joint custody. While you may think that sole custody is the best solution, it may not be ideal for you. Your lawyer will weigh factors like your spouse’s parental fitness and your kids’ ages to determine the best arrangement for you and your children.

You can inquire about their opinion on child support. The right attorney can provide figures based on your kids’ needs and lifestyles. This can prevent drastic lifestyle changes for the children and improve their feelings about the divorce.

Who Will Handle the Case?

Ask this question if you’ve approached a law firm instead of an individual lawyer. Sometimes the lawyer you meet with may not be the one to take your case. Ask to meet with whoever will be handling your case to discuss your case briefly.

If your case is complicated, it may be assigned to a team of lawyers instead of an individual. This is the case when spouses can’t agree on divorce terms, when there are many assets to be divided, and when both parties want sole custody of their children. If this is your situation, ask to meet all the team members assigned to your case. Your future is in their hands, so you must get acquainted before moving forward.

How Will We Communicate?

Regular communication is key to getting the best possible outcome from a divorce process. Your attorney should offer updates, and you should reach them with your updates too.

Before hiring anyone, ask about your lawyer’s preferred mode of communication. They may prefer calls, face-to-face meetings, emails, or video calls. If you prefer face-to-face meetings and they prefer emails, they may not be the best fit for you.

You should be comfortable with your attorney’s mode of communication, frequency, and responsiveness. There’s too much riding on a divorce’s outcome to risk going into the process without covering all the necessary bases.

How Much Will the Divorce Cost?

Knowing the lawyer’s fees allows you to budget for your divorce. Ask your lawyer for a complete breakdown of their charges before hiring them

The right attorney will explain if they charge by the hour and whether they need a retainer fee. They can provide a general estimate of the overall cost to help you prepare better. Note that you may spend more or less depending on your case’s complexity and the time it takes for you and your spouse to reach an agreement.

It’s Time to Find the “Best Divorce Lawyer Near Me”

Googling “best divorce lawyer near me” will leave you with many potential options. You should schedule consultations and ask the right questions to find a perfect choice for your case. Ask about the best way to communicate with your spouse and how to minimize the divorce’s impact on the kids.

Confirm whether you’ll work with the lawyer you meet, as they may not always be in charge of your case. Don’t forget to ask for clarification on their ideal mode of communication and fees.

Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

Do I Need a Separation Agreement in Maryland?

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Why You Need a Separation Agreement?

Are you considering separation but do not want a divorce? There are legal steps you should take to protect yourself and your children. An Annapolis Divorce lawyer can help you realize your options and navigate the legal process.

Unlike the majority of states, Maryland does not have anything called legal separation. This does not, however, mean that Maryland does not address the matter of separation, as couples might seek a limited divorce or reach a separation agreement. It can be confusing, but learning more about what a separation agreement can offer you is an important first step in the divorce process. If you are heading toward divorce, it’s time to consult with an experienced Annapolis separation agreements attorney.

Choosing to Separate

There are different reasons that spouses decide to separate without seeking a divorce. First, if both spouses do not mutually consent to a divorce, the only other option for a no-fault divorce in Maryland is to live apart for 12 months or longer. This means living in separate houses and not having a sexual relationship. If you want a divorce and your spouse might not consent in writing, you might want to begin the separation period as soon as possible.

There are other reasons why spouses might separate but not seek a divorce, including:

  • Financial reasons, including benefits, taxes, or insurance coverage
  • Religious beliefs against divorce
  • Believing you might reconcile or using separation as a “test run” for a divorce

Separations can be reversed at any time, as the spouses can simply revoke their separation agreement in most cases. However, if you obtain an absolute divorce, it is final, and you are no longer married. Sometimes, people want or need to try living apart before they fully end the marriage.

Protecting Your Rights in a Separation

Separation is much more complicated than one spouse moving out. Once you separate, you might have two housing payments, separate living expenses, and more. How will you share your financial resources without one or both spouses misusing marital property? Where will your children live?

If you are preparing to separate, you are well-advised to obtain a separation agreement, which can set the terms of your separation to protect your financial and parental rights. Toward this end, you should work closely with an experienced Annapolis separation agreement attorney.

Separation agreements are legal contracts that can be employed to settle the very issues you will be required to settle upon your divorce – but for the purpose of applying during the time period that you and your spouse live separately. These separation agreements might also be called voluntary separation and property settlement agreements, and they can help maintain your property and assets while you are separated.

The Benefits of Your Separation Agreement

If you are separating, you should be looking for some of the same legal protections of a divorce, and entering into a separation agreement is highly recommended for several reasons.

Set Important Terms

A comprehensive separation agreement can address and resolve all of the matters related to divorce, including all of the following terms (as applicable to your situation):

 

  • The preservation or division of your marital assets and debts
  • Your child custody arrangements
  • Child support
  • Alimony (or spousal support)

With a separation agreement in hand that addresses each of these terms, you can bypass the stressful, time-consuming, and costly litigation process if or when the time for divorce arrives.

Further, separating can put your marital property at risk. If you get divorced, you will be entitled to an equitable distribution of marital property. However, what happens if your spouse sells or wastes property during your separation? A separation agreement can set limitations and restrictions on the use of marital property, so it is preserved if you get divorced. This ensures you receive your fair share.

Retain Decision-Making Power

If you and your separating spouse are able to agree to terms that you are both willing to sign off on at this time, you retain your decision-making power on important matters that directly affect your parental and financial rights. Handing over this power to the judge in a limited divorce case is not something that should ever be taken lightly, and if you can avoid it, you are well-advised to do so. It is worth noting that if your divorcing or separating spouse is not willing to negotiate with you in good faith, coming to mutually acceptable terms may be next to impossible, and your attorney can help you identify the next steps.

Include Matters Not Addressed by the Court

Your separation agreement can include terms that the judge in your case will not specifically address (because they are outside the court’s jurisdiction). For example, if you and your separating spouse wish to include terms that address your shared children’s college costs, you are free to do so.

Stipulate No-Fault Divorce

Separation agreements typically stipulate that any ensuing divorce will be on the no-fault grounds of mutual consent or separation for 12 months. When you have such an agreement on your side, either of you can file for an uncontested divorce that is predicated on these no-fault grounds of separation after the allotted amount of time has passed.

What a Separation Agreement Can’t Do

Separation agreements do not have limitless reach. Consider their limitations:

  • Separation agreements are just that – agreements. If either of you refuses to sign, the agreement has no power, and you might be required to request limited divorce terms from the court to protect your property and custody rights.
  • Even with a comprehensive separation agreement in place, you and your divorcing spouse remain married (you are not legally separated). You cannot marry anyone else during your separation.
  • If your separation agreement is fully executed, it is a valid contract that is enforceable by all the general principles of contract law, but it is not enforceable as a court order (the way a divorce decree is). Once your separation agreement is incorporated into your divorce, it becomes enforceable by court order.

Separation agreements can be more complex than most people imagine, though it is worth it to go through the process to protect your future. If your spouse breaches an agreement, you can take legal action for breach of contract and recoup any losses you experienced. Without an agreement, there is little recourse if your spouse wastes marital property while you are living apart.

Discuss Your Separation Agreement with an Experienced Annapolis Separation Agreements Attorney Today

If you are facing a divorce, a separation agreement could play an important role. Reaching the terms of that agreement – or even knowing which terms should be included – can be challenging. You want the right legal guidance from an Annapolis divorce lawyer who can help you negotiate the terms of your separation agreement or attend mediation if needed. If you cannot reach an agreement on all necessary terms, your lawyer can help you seek a limited divorce or take other steps as appropriate in your situation.

Patrick Crawford at the Law Office of Patrick Crawford is a trusted Annapolis divorce attorney whose practice focuses on helping clients like you obtain separation agreements that protect their parental and financial rights on the journey toward divorce – and beyond. For more information about how we can help you, please don’t hesitate to contact or call us at (410) 216-7905 today.

Patrick

Patrick an Annapolis Family Lawyer is dedicated to helping you through the most complex and emotional family law matters. He was raised in Grand Rapids, Michigan. He attended college at the University of Notre Dame before attending Notre Dame Law School, graduating in 2001 with honors. While in law school, he studied for one year at Notre Dame’s campus in London, England.

How to File an Uncontested Divorce in New York

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From a legal perspective, divorce is a long and sometimes arduous process that terminates a marriage through a court order. Divorce is also called a matrimonial action in courtroom jargon, with an initiator who is a plaintiff and the spouse a defendant. Have you been wondering how uncontested divorce in New York is filed?

Keep scrolling down and unveil more insightful information about filing an uncontested divorce in New York.

How Do You File Uncontested Divorce in New York?

Uncontested divorces occur when spouses agree on marriage termination terms. The opposite is called a contested matrimonial action, but both cases require legally acceptable grounds.

A soon-to-be-divorced couple agrees and settles divorce-related issues; they can have an uncontested divorce in New York. This involves property division, child guardianship, and alimony since the state allows no-fault claims on grounds for divorce.

You must fulfill the residency requirement before you file for an uncontested divorce in New York. Have sufficient legal grounds or reasons for marital termination. The court addresses family issues like child support, custody, or visitation, especially if they’re under 21.

Steps to take when filing an uncontested divorce in New York include;

Filing an Uncontested Divorce

Your divorce case starts after filing a summons with the county clerk’s office, which you can do either physically or online. The plaintiff can file for uncontested divorce through the New York State Courts Electronic Filing or NYSCEF system.

In this stage, you pay a fee for the index number or apply for a waiver if you’re on public assistance and filing for the following;

  • Summons and Complaint or Summons with Notice
  • Notice of Automatic Orders
  • Notice Concerning Continuation of Health Care Coverage
  • Settlement Agreement

Serving the Defendant

Case defendant is your spouse or the person you want to divorce, and serving them involves delivering the summons or service.

Once the defendant is served, the service bailiff, who must be a New York resident and 18 years or older, completes an Affidavit of Service as proof. You have 120 days to serve the defendant from the date of filing for summons at the county clerk’s office.

Defendant’s Response

After you’ve served the notice of divorce filing to the defendant, they must respond within 20 days if served in New York State or 30 days out of state. They can sign and return the Affidavit of Defendant in an uncontested divorce allowing you to file for putting your case on the court calendar.

Your divorce defendant may also default on filing an Affidavit or Notice of Appearance if they’ve decided to contest your claim. That’s common in uncontested divorces, and it means you’ll go ahead and file for placing your case on the court calendar.

Court Calendaring

Depending on your defendant’s response, in this stage, your uncontested divorce case is ready to be scheduled on the court calendar. This process is called calendaring, implying the judge will review your papers. It’s done immediately if the Affidavit of Defendant was signed and returned.

If the defendant defaults or hasn’t responded to the served notice, you’ll wait 40 days to file for calendaring. If a notice of appearance was returned instead, your divorce case ceases to be uncontested and becomes contested.

Papers to prepare for calendaring your uncontested divorce at a New York county clerk’s office include;

  • Notice of Issue
  • Copies of summons with notice or summons and complaint
  • Request for Judicial Intervention or RJI
  • Affidavits of Regularity, Plaintiff Or Defendant, if any
  • An Affidavit of Service, signed by the person who served the summons to the defendant
  • Sworn statement of removal of barriers to remarriage, especially if you had religious nuptials
  • Findings of Facts and Conclusions of Law

The Court’s Judgment

If there are no problems with your divorce paper filings, your marital termination is legally granted immediately after the judge signs a judgment. That’s a court order signifying you’re no longer married to your spouse. You’ll then file it with the county clerk’s office.

After recording, the county clerk stamps to certify each copy. You’ll also serve your defendant with copies of the judgment. A certified divorce judgment helps prove you’re divorced at government agencies or should you wish to remarry.

An uncontested divorce is possibly the best kind, as it means you’re for equality during your marital termination. With less anger and drama, especially if you have children, this option is the better route for all parties involved.

Mike

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Effects of Divorce on Children

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How Your Divorce May Impact Your Child 

Divorce might be a word that defines ‘to be separated out. We know that for kids, their parents are heroes. When their heroes get separated, they feel worse and sad.

In this post, Gold Coast Solicitors discuss how divorce impacts children. 

  • The first year is the most difficult: When their parents split, the first few days can be challenging and difficult for their children. They are going through a phase that no words can describe, but it is causing them to become angry, anxious, and suspicious. Sometimes, after a period of struggle, kids begin to return to normalcy, with the help of their parents, of course. However, for some children, life never indeed returns to normal. They carry a resentment within them that reflects their characteristics throughout their lives.
  • Emotional impact based on age: Divorce always generates a torrent of emotions, and the entire family is dissolved. Were the youngsters refusing to accept the facts of separation, and parents didn’t comprehend the outpouring of their children’s emotions? So they are angry, confused, and frustrated the entire time.
  • Youth: When it comes to youth, they are the most perplexing stage since they are not in the state to accept anything. They always get separated in two homes, and why do they have to travel to one of many fathers and mothers rather than live totally with them? The more kids notice that their father and mother are unloving to one another, the more fearful they are that their parents may cease loving them.
  • Junior school: This is the development period for juveniles aged 12 to 15. And at these phases, they always require the support of family. When parents get divorced, they each receive their own home. They require more significant support and affection from family during this time, but separation divides their feelings and emotions. And the emotional damage may lead children to assume they are to blame for their parents’ divorce. It constantly makes people feel guilty, which affects their overall confidence.
  • Teenage: Teenagers are the most turbulent age group. Children of this age group are always vocal in their parents’ opinions. When they are conflicted, they express their rage. In this case, they react by resenting one or both parents. This resentment creates a schism and temporarily separates them from their parents. If the parents are divorcing, the teen years are the most vulnerable and require excellent attention and affection. However, each family’s and each child’s circumstances are unique. Children may benefit from a better environment if the divorce minimizes the number of conflicts and brings calm to both families.
  •  Emotional breakdown: Divorce can bring a variety of emotions to the surface in a family, including the children. This transition causes feelings of rage, perplexity, worry, loss, and a variety of others. Most youngsters are emotionally sensitive and stressed due to their parents’ divorce. Children frequently require an outlet for their feelings and even someone to communicate to and who will listen to them. They may have insecurities, which may manifest as more significant substance misuse, premature sexual engagement, increased loneliness, separation from individuals who are important to them, etc.
  • Health difficulties: Given the additional stress of divorce on children, it’s no wonder that these issues, especially physical issues, can have a toll on them. Children who have been through a divorce are more susceptible to illness, some of which can be caused by factors such as a lack of sleep. Other symptoms, such as depression, may also exacerbate the sense of loss.
  • Poor academic performance: Children from divorced households perform worse in school on average, particularly in the first few years after their parents’ divorce. The shifting dynamics of the family may leave many people perplexed and frustrated. Less parental monitoring and more financial stress are also issues.
  • Social challenges and peer pressure: We all know that divorce and inspiration are never acceptable in society. And as a result of this circumstance, children are affected every day when adults make fun of them and tease them in every way, making them feel alone and lonely. First, children deal with their emotions and begin to struggle with some societal rules. Even research reveals that divorced children are socially disadvantaged. They may find it more difficult to relate to others, be more aggressive, and have fewer social contracts. Their peers can readily influence them as well.
  • Sense of betrayal in marriage, love, and commitment: We all know that children mimic their parents’ actions. The learning outcome in this example is neither predictable nor straightforward. However, if we assume one, children may lose faith in love, connection, and commitment. Because they see their parents’ love and dedication and are abruptly separated, their hopes are split in two: one has one pleasant memory, and the other has one awful memory. This poor recall affects children’s minds, causing them to lose faith in relationships, break trust in marriages, and never believe in commitment.

Do you have children? Do you require divorce support for your children?

We understand that you may have concerns regarding your kid even after a divorce. If you are always looking for assistance, call Gold Coast Lawyers. They assist you in the divorce procedure and your children in overcoming the situation.

Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

How To Choose The Correct solicitor For Your Family Law Matter

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If you are facing family law issues you always need a Family Solicitor. The first question came into mind that is why we need them?

Without any doubt, we can say this if we have a family solicitor with our side is always helpful. A family law solicitor is needed when a couple divorces because they help in important legal decisions, property, liabilities, and other financial matters that have been made.

And the second question comes into mind: how to choose the family solicitors?

For your convenience, Toowoomba Family lawyer is providing advice on how to select the best in your case; regardless of where you live: 

Locate a Solicitor in your area:

It would be beneficial always to find a family solicitor in your area. It always places you close to a location. You can contact them quickly because they are only a few steps away. We understand that your solicitor must be familiar with the laws and practices in your specific state and county. A solicitor from outside your area may be unable to assist you effectively. 

Locate a solicitor with the Required Experience:

Right Solicitors have a lot of experience, and we know that the right solicitor knows how to handle cases and collect documents. And they are well-versed in the divorce process, money management decisions, property, liabilities, and other financial issues. For the best possible outcome, it is critical to find a family solicitor who acknowledges and has expertise in the field in your particular family law scenario.

Word of mouth: First, ask friends, c, and solicitors you know (even if they don’t do family law) for recommendations or for solicitors to avoid. Be cautious here, though, because most people hate the solicitor on the other side of the case. A stern caution to avoid a certain solicitor should be met with questions, such as why they feel that way? If it is because they lost big to that solicitor, then add that solicitor’s name to your list of candidates.

Ask friends or colleagues for recommendations:

Firstly, ask your friends, colleagues, and family members if they know any reliable and trustworthy solicitors. We know that recommendations are always helpful and avoid some negative results but help get stunning results.

  • Ask your family friends these questions:
  • Are solicitors is good or not?
  • Is it solicitors who have experience?
  • Why resonating him/her?
  • Are solicitors is trustworthy?

Make sure you feel considered valuable and listened to:

It is critical that your solicitor listens to you and gives you time to comprehend the suggestions they provide you. You should not feel criticized or talked down to when chatting with your solicitor; you are their client and deserve special treatment.

Search in thousand of options:

If you have no idea then go online. Online websites are the best option. With Google ranking, you choose the best options. Nowadays, solicitor makes their websites and upload their all information. We can easily check their website and we can make up our mind. Even clients have their personal reviews option where we can read all the good and bad reviews. So, consider both the positive and negative reviews, and then decide whether it is worthwhile to speak with that solicitor or firm.

Before you hire a solicitor, conduct the following interviews:

Often, law companies will offer a free initial meeting so that you can get a sense of who the solicitor is and whether or not you want to work with them. Find another one if you don’t feel at ease with the solicitor you’re speaking with, or if you don’t comprehend what they’re saying! There are far too many excellent solicitors out there for you to settle for a substandard one! It’s your family, money, and future, so you need to be completely satisfied with them.

Inquire about fees:

Different law firms bill in different ways, and we all want to receive the best value in legal expenses. Some provide fixed-fee services, regular hourly pricing, or deferred payment agreements. Find a solicitor who offers adaptable solutions that will meet your requirements.

Call for a free consultation:

Once you’ve narrowed selected some of the solicitors, then arrange a  simple conversation or talk with each solicitor. We know that many solicitors now provide free consultations. You should inquire whether one is accessible.

If a solicitor does not provide a free consultation, you may be able to acquire one for a discounted charge.

If you are not satisfied with your final list of prospects, return to that solicitor again and go on to the next person on the list or try a different solicitor.

If you are looking for a solicitor to represent you in a personal injury case, consider asking questions over the phone rather than booking a face-to-face meeting.

Go with your gut instinct!

If you want to choose the best solicitor, go with your gut instinct. Contact Family Law Solicitors Toowoomba if you require assistance. They are the best at managing problems and giving you sound counsel in any situation.

Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.