Things to Consider When Hiring a Divorce Lawyer in DuPage County

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Searching for an attorney to help you throughout your divorce can be a difficult, but necessary, journey to take on. You have probably seen TV advertisements for personal injury claims or criminal defense lawyers, but you may be left wondering where you can turn to find a reputable divorce lawyer. Divorce can be a topic that many people do not want to discuss with others, making it more difficult to broach the subject with a recently divorced acquaintance. However, there are ways to find an experienced attorney without publicly announcing your divorce and asking for suggestions on social media.

For those living in the DuPage County area, there are a number of divorce attorneys who you can work with in your local jurisdiction. The high number of firms in your area may leave you uncertain about who to work with, but with the following considerations in mind, you can find the proper lawyer for you and your family:

Shop Around

It is important to take the time to look at all of your options rather than hiring the first attorney that you speak with. Many firms offer free initial consultations to allow you to speak with their lawyers without being on the hook for an hourly rate. Take advantage of these free meetings to talk with a few attorneys in your area before settling on one legal professional.

Discuss Your Situation

While it may seem uncomfortable to talk about the ugly details of your marriage, you should be sure that an attorney is experienced in the areas that pertain to your divorce. If you have children and foresee a contentious custody battle in your future, you should ask the divorce lawyer about their previous experience with these types of cases. High net worth divorces can also involve a variety of complex issues, so you will want to be sure an attorney has the relevant experience to address these concerns.

Mediation Experience

If you and your spouse have an amicable relationship and are not expecting a difficult divorce, you should consider finding a firm that also offers divorce mediation. Not all divorces require time in court — you and your spouse may be able to create your divorce agreement together with the help of a mediator. It is important to find a firm with experience in litigation and mediation so that you have adequate legal representation if conflict arises.

Utilize Directories

Along with online reviews from previous clients, the internet has a number of resources for Illinois residents searching for a reputable attorney. Legal directories allow you to apply filters to your search, including the practice area you are looking at and the location that you are in, to provide you with results that pertain to your needs. These directories also often have qualification requirements for attorneys to be included, guaranteeing that the professionals are up to your standards.

Ask About Cost

Realistically speaking, you should be asking about attorney’s fees from the start. This can be an uncomfortable topic to bring up, but without knowledge about what to expect, you may be signing up for fees that you simply cannot afford. Legal proceedings represent a financial investment that will ensure that you can achieve a positive outcome to your case, but there are ways to find a reputable attorney without exceeding your budget.

Making the decision to file for divorce will often put you in uncharted waters. Your initial concern may be how you can find a reputable attorney in your area who fits your needs. This can seem overwhelming at first, but by following these steps, you can make sure you have the right person on your side to address your legal concerns, allowing you to focus on planning your future.

Sean P. Sullivan

Attorney Sean P. Sullivan is a founding member of the SBK Law Group located in Naperville, Illinois. After graduating from Western Michigan Law School in 2009, Attorney Sullivan returned to his hometown to assist those in his area with their legal concerns, including divorce and family law. He focuses on highly contested cases, but also offers divorce mediation for those who have a more amicable relationship.

Has Domestic Violence Risen Since the Coronavirus Shutdown?

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During the quarantine required by the coronavirus pandemic, people are frightened of previously innocuous activities: using public transportation, going grocery shopping, visiting with friends, even having contact with loved ones. For most of us, though, home is our safe haven. Tragically, for those who are victims of domestic violence, home, where they are cooped up with their abuser, is the most dangerous place of all.

If you are a victim of domestic violence, COVID-19 has most likely made your life more frightening while simultaneously making it more difficult to seek help because you are almost constantly under the watchful eye of the person you fear. There is still help available though, through domestic abuse hotlines, law enforcement (911) and experienced, well-connected domestic abuse attorneys who will do everything possible to protect you.

If there is more domestic violence occurring, why was there a lull in calls for help?

Even though at first fewer domestic violence calls were made during the pandemic, experts in various related fields who deal directly with the problem — police officers, psychologists, medical doctors, social workers, teachers, counselors — were well aware that fewer calls just meant victims lacked access to helplines. Family law attorneys, too, noticed an eerie, temporary pullback from troubled family members. Having abusers more in control than usual is terrifying.

The Messages are Now Getting Through — Domestic Violence is on the Rise

More and more reports of domestic violence are coming in all over the world. Victims call for help from locked bathrooms and locked cars, in the middle of the night or while walking the dog. Their friends and neighbors, relatives and teachers call in too, reporting violent behavior identified by sight or sound, and investigators are reaching out, listening to stories as familiar as they are disturbing.

Those who have dealt with victims of domestic abuse, and the victims themselves, know all too well that catastrophes, large and small, worsen this type of violence. Illustrative examples can be found in statistics gathered during and after hurricanes, floods, and other natural disasters when complaints skyrocket. New estimates from the United Nations Population Fund suggest that three months of quarantine will result in a 20 percent rise in domestic violence worldwide.

Why is domestic violence surging during the coronavirus shutdown?

There are multiple causes of the awful increase in domestic violence during quarantine and each tends to exacerbate the others:

Stress

As noted, natural disasters precipitate elevated levels of domestic violence. Coronavirus, as natural as any of the other disasters, involves the added stress of being “novel,” unknown to this population. However stressful hurricanes may be, most of us have been through them before. We know how to prepare for them and know that, as much damage as they cause, they only last for days.

No one knows the end date of the coronavirus, how it will alter our future lives or for how long. Worse, no one knows who will be personally impacted by the disease or how severely they will be affected. On top of everything else, it has been scientifically proven that stress hormones (like Cortisol) are associated with increased aggression, meaning the more stressed the abuser becomes, the more likely he/she is to become violent. 

Isolation

It is well-known that social isolation enables domestic violence. This is why abusers try hard to separate their victims from family and friends. During the pandemic, when workplaces are closed, visiting is discouraged, and even public venues are largely off-limits, abusers have the ultimate control they have always sought.

Joblessness, Financial Instability, Food Insecurity

While other disasters have affected local businesses adversely, there have not been so many unemployed people since the Great Depression. Because the catastrophe is global and many forms of transportation increase risk of contagion, relocation is not a useful option.

In addition, with tens of millions of people unemployed, many families are experiencing food insecurity for the first time. Moreover, in our culture, many men, feeling that their masculinity is threatened by their inability to support their families, turn to violence to regain their sense of power and machismo.

Alcohol

Alcohol is one of the most common elements of domestic abuse. A certain percentage of people, when disinhibited by intoxication, become increasingly belligerent. It has been noted that during this country’s period of sheltering in place, the sale of alcohol has rocketed, in some areas climbing well over 200 percent.

Guns

When faced with external terrors, a certain portion of the population looks to firearms to defend themselves against invaders. Though futile in combating disease, firearms, for some, provide a sense of increased control. Many experts predict that there will be a marked increase in domestic homicide as a result of the increased number of guns in circulation.

No Place To Turn

Not only have law enforcement, legal, and judicial systems been overwhelmed, but many responders to domestic violence complaints are now working from home and may be less accessible than they usually are. Even more distressing, shelters for victims of domestic violence have not only been filled to capacity but are often unsafe for those seeking refuge. Due to their dorm-like settings, social distancing is frequently impossible. 

Who will help you through domestic violence during the shutdown?

Dedicated professionals and volunteers have found ways to function and protect victims during the coronavirus shutdown, and law enforcers are more available to come to your aid as the COVID-19 pandemic passes its peak (at least for now). Phone calls, texts or emails will reach people who can help you learn strategies to cope, ways to escape, and safe places to go.

During this crisis, compassionate family law attorneys are also available. Skilled private lawyers who have extensive experience with this painful situation can give you guidance and hope. They can assist you in connecting with the right resources to keep and your children safe while they help you pursue legal remedies.

Andrew Nickolaou

Andrew Nickolaou is a founding partner at Bernal-Mora & Nickolaou, P.A. He practices almost exclusively in divorce, marital and family law. Andrew also handles record expungements and sealings. Andrew and his partner, Ophelia Bernal-Mora Nickolaou, joined forces in March 2016 to form the unique and boutique husband and wife family law team at Bernal-Mora & Nickolaou, P.A. Together, Andrew and Ophelia take a practical and team-based approach to all of their cases and clients to deliver the highest quality experience and representation.

Egg and Sperm Donor Agreement Ohio – Preparing for Parenthood

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Whether you are a single person, a couple who struggles with infertility, or a same sex couple, when two people need to use the help of others and medical science to help create their family, there are often many questions raised about the legal ramifications of taking these steps.

Legal Rights and Responsibilities of Egg and Sperm Donor Ohio

When you ask a person that you know to donate their genetic material to help create a child, (AKA a known donor) you are taking a risk that this person could be viewed as a parent under the law of the State of Ohio and have legal rights and responsibilities to any child that is born as a result of their donation.

These legal rights and responsibilities of egg and sperm donor Ohio include the right to request Custody, Visitation, Financial Support in the form of Child Support, Health Insurance, Payment of Medical Expenses, and more.

In order for paternal/parental rights to be severed for the known donor, Ohio Law of egg and sperm donor require two things:

  1. That the Donor submit to a series of tests and give their medical history, and
  2. The insemination be performed by a Physician or someone who is under their supervision or control.

If the sperm is introduced to the egg in any other scenario, and a pregnancy occurs and child is born, those parental rights to the donor are not severed. This is where the Ohio egg and sperm donor agreement comes in. Having a egg and sperm donor agreement in place prior to the conception of the child protects all the parties including the known donor.

The Juvenile Court in Ohio is a court of law and equity that hears cases between unmarried parents regarding their rights and responsibilities towards their children. What this means is that they apply the law to their decisions, but also look at what is fair. If a egg and sperm donor signs the contract agreeing to waive his or her parental rights and responsibilities, and later tries to bring a suit for parental rights, the Ohio egg and sperm donor agreement will be used to show the court that it would be unfair to grant them such a right. A family law attorney will also demonstrate parental fitness and a best interests of the child standard to argue your case.

Now the difference is, if you follow through with the physician insemination and the medical tests/history for the donor, expensive and time consuming as it may be at the outset, the donor will not have any right under Ohio egg and sperm donor law to take you to court in the first place.

Consult With an Experience Family Law Attorney in Ohio

Always consult with a licensed assisted reproduction attorney if you have any questions or if you would like a sperm donor agreement drafted in Ohio. Remember, contracts floating around on the internet are not always complete, accurate or in compliance with your states laws and may put your family at risk.

If you are taking the next step and want to use a known donor to help start your family, contact us, we would be happy to talk through your questions on egg and sperm donor agreement, sperm donor requirements and help you get started. We have expertise in family law, adoption law, egg and sperm donor law, divorce/dissolution, child & spousal support, child custody & mediation.

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 Warning Signs of an Abusive Relationship?

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7 Signs for Men That You Are in Abusive Relationship

Overall, if you feel more negatively about your relationship than positive, you might need to evaluate the health of your relationship with your significant other. No relationship is perfect. It can seem as though you are a on a seesaw of emotions, with moments where you feel fulfilled as a husband, and others where you sleep on the couch. While every relationship has its ups and downs, there are warning signs that tell you it may be time to move on.

Abusive relationships are not only defined by physical violence but emotional, sexual, or psychological abuse. Abusive patterns can be hard to spot for the victim.

If you feel stuck in a bad relationship, these are the tell-tale signs that the relationship with your partner is unhealthy and stressful.

  • Your partner controls who you talk to

Isolation is a form of abuse and domination. Abusive spouses limit their partner’s activities: who they can talk to, spend time with, and when. Abusive partners use intimidation and psychological abuse to control their partners actions against their will.

In extreme situations, a spouse might even limit access to the car or turn your phone off when they want to isolate you. The more isolated you feel, the fewer resources you have to make sense of your situation and escape from it.

  • Your spouse controls the finances

Abusers often make their partners dependent on them for money by controlling access to funds. If your spouse controls how much you will spend, they are creating financial dependency by demanding their approval before spending a dime.

  • Your other half attacks your parenting skills

Fathers share a different kind of love with their children. They might not cook for or feed their children, but they share equal responsibility toward their upbringing. If your partner lashes out at you for not doing enough for your kids or doing it the ‘wrong’ way, it might be a sign you are in an unhealthy relationship.

In extreme cases, your partner might lie to the kids about you, try to belittle you in front of the kids, or threaten to take full custody of your kids.

  • Your partner uses fear, anxiety, or panic as a weapon

Abusive partners keep their spouses in line by instilling fear in them. They might threaten verbally or use intimidating looks and gestures. If you feel like your partner is tracking your every move, it might be a sign you’re part of an unhealthy relationship.

In extreme cases, abusers might destroy your possessions, threaten to harm your family or you.

  • Your spouse forces sexual activities on you

Even in a committed relationship, it is not okay for partners to force sexual activities upon each other. If your partner pressurizes you for sexual intercourse or any kind of sexual activity, you might be suffering from an unhealthy relationship.

In extreme cases, abusers treat their partners as objects of sexual pleasure.

  • Your partner undermines your self-worth

It’s important in any relationship to build each other up. If your partner tries to tear you down, it could be a sign that they are psychologically and emotionally abusive. Abusers often belittle their spouses in front of their kids, family, or friends. They engage in mean name-calling and verbal attacks to humiliate their partners in public.

In extreme cases, an abusive partner might even bully you, unfairly accuse you of having an affair or interrogate you about every little thing. Additionally, they often blame it on you for making them act this way or leave you confused, saying they were only kidding.

  • Your spouse only cares about their interests

If your relationship is centered around one person, it shows you are in an unbalanced situation. A controlling partner is usually self-centered. They don’t care about your feelings. They never acknowledge your struggle, pain, or hurt.

Instead, they assign unreasonable importance to their own worth. Self-centered partners also believe they are better than their spouses and that theirs is the ‘right’ way to do everything. There is no arguing with them. They will do everything to keep you in their shadow.

Real love has more space for understanding, respect, and trust. The bond that men and women share is gradually changing. If you are to find the right relationship dynamics, you will have to leverage mutual admiration and transparency.

If you have come to the conclusion that you are in an unhealthy relationship, be wary of taking it further. If you or someone you know notice these signs, it’s time to call your relationship what it is and break ties sooner rather than later.

If you find yourself in a family law battle, do not hesitate to contact one of attorneys for men in Nutley or Montclair.

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 Modify the Divorce Regulatory Agreement?

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We Make You Understand Your Rights and That They Are Respected and We Help You with the Divorce Settlement Agreement at the Abogado Aly Law Office

The rules that determine how spouses should handle themselves after separation or divorce are established in the regulatory agreement. It is a document in which the parties agree, preferably by mutual agreement. In this way, the rules are set under which they will participate in the matters that involve them both. For example, the custody of the children they have in common, as well as their respective maintenance. This type of agreement is not final in the strict sense of the word. Under certain circumstances, the regulatory agreement may be modified, but with the help of a divorce lawyer in Houston. This is because the causes that make this modification necessary must be demonstrated since they affect the quality of life of the parents and the child.

Under what circumstances can a court order an amendment?

As we mentioned earlier, the court in charge can order that the regulation agreement be modified under certain conditions.

1. For more than 6 months the children have lived in another county

One of the parties has the right to ask the court that issued the divorce and its regulatory agreement to transfer the administration and enforcement of the custody to a new county.
Now, as long as the father in charge and the children have lived there for more than 6 months.
To adequately support the case and the necessary information, it is advisable to have the knowledge of a divorce lawyer.

2. There was a significant change in the parents’ financial situation

This section applies to both positive and negative changes. It does not matter if the father stays with the children or not. If the economic situation of one of the parties improves markedly, the divorce attorney representing the other parent may request the competent court to review and increase the child support quota assigned to the children.

Similarly, one of the parents may request to modify the agreement related to child support if:
– At least 3 years have passed since the divorce was decreed.
– The maintenance fee must be increased by $ 100 dollars.
However, if the income of the father in charge of paying maintenance has decreased due to circumstances related to disability, dismissal or any other reason considered valid, the latter may request the court to verify the regulatory agreement.

Motions to Modify the Divorce Decree

Modification of the divorce decree is the best way to make certain changes in the agreement and it is also less expensive than to appeal the court decision. Each state has its own rules and regulations regarding the modification process. A motion to modify the divorce decree or agreement is filled to request any change in the agreement. It is usually filed in the same court where the divorce was granted. It is necessary to properly demonstrate the changed circumstances that led to filing the motion for instance change of job or loss in business can be a reason to modify child or spousal support. It is difficult to modify child support, but it can be done. Courts generally believe that the original agreement for child custody was correct and are hesitant to make any changes to the original agreement. However, if the court finds that it is in the best interest of the child, then the necessary changes can be made.

After completing the petition for modification, it is filed with the court and, then, served to your spouse. A hearing date is scheduled by the court where you will present your argument. If both, you and your spouse, reach an agreement that certain changes or modification is necessary, then you can attach the agreement with your petition and court will make the necessary modification.

Abogado Aly

At AbogadoAly‘s office, we provide hands-on attention to our clients so they can feel assured that the best minds are working on their case. We try to cover as much detail as possible at the beginning regarding the case so we can put the best foot forward.  We work by building a relationship based on communication, trust, and responsiveness. Every case is unique and we handle them efficiently so our client’s currents needs are meet. We make sure to discuss every decision with the client as we move ahead with the case.

Texas Child Custody Laws

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One of the hardest topics to approach during a divorce is the matter of child custody. Many parents struggle as they seek the outcome they want while keeping the child’s best interest in mind. The state of Texas favors allowing both parents the chance to have custody when possible.

Allowing children to have a relationship with both parents is often beneficial to the child’s growth and development. A family lawyer can be instrumental in negotiating child custody terms that work for you. If you are filing for custody in Texas, it is especially important to know how the state handles these cases.

Can I File in Texas?

To be eligible to file for custody in Texas, your child must have lived in Texas for at least six months. Additionally, a parent can file for custody in Texas if they have some connection with the state like a job, means of child care, or higher education. For the initial filing, parents need to present necessary information such as:

  • Address of the child
  • All of the places the child has lived for the last five years
  • Names of people the child has lived within this five-year time span

All of this information provided gives the court a better picture of the child’s lived experience thus far.

Sole or Joint Custody?

When a court grants custody to one, or both, parents the law recognizes their role as a conservatorship. The following are different conservatorship agreements depending on the outcome of the custody case:

  • Joint Managing Conservators – Parents with joint custody
  • Sole Managing Conservator – A parent with sole custody of a child or children
  • Possessory Conservator – A parent with visitation rights

When deciding on how the custody agreement should look like, courts heavily consider the child’s best interest, any apparent history of domestic violence and abuse, and the child’s testimony if they are old enough to testify. In Texas, a child must at least be 12 to testify in a custody hearing.

Conservators’ Rights

If the family court recognizes one or both parents as a conservator in a Texas custody hearing, some of the rights that are granted include:

  • Having access to health information
  • Ability to make decisions about the child’s education
  • Right to inquire about school-related activities
  • Ability to be designated the child’s emergency contact

While family courts in the state of Texas are in favor of the granting joint custody, many parents seek sole custody of their children.

How to Seek Sole Custody

Attempting to be the sole managing conservator can be challenging, but if you believe sole custody is the best course of action for your family, a lawyer’s help will improve your chances of securing the outcome that you want. Some factors to be aware of when pursuing sole custody:

  • Better parent standard – A court must determine that you are the more responsible parent, which is a challenging task, especially if the other parent has played a consistent role in the child’s life.
  • Remain kind and calm – No matter how painful the situation, or what your feelings toward your ex-partner are, the court will respond to you better if you remain balanced and calm in your communication style. It will also support that you are a stable model for your child.
  • Child’s physical and psychological well-being – Displaying a keen interest and intimate knowledge of your child’s education, daily habits, sleep habits, all bode well for demonstrating the type of parent you are.
  • Do not rule out the possibility of joint custody – Even though it may not be what you want, stay open to the possibility of the court ruling in favor of joint custody as this is a common outcome in Texas family courts.

 

The initial custody agreement that families come to don’t always hold up with changing circumstances. Some families find that they need to modify custody when one or both parents have a significant increase or decrease in their income. While the reasons for requesting a modification varies from family to family, a lawyer can be helpful in gathering and presenting the needed documentation.

Going through a divorce is painful and having to confront the possibility of losing time with your child can be even more difficult. However, keep in mind that patience is essential and that your child’s physical, mental, and emotional health should be central to this process, no matter how difficult it is for you.

Jessica

Find top rated attorneys and law firms profiles with Find Attorneys Directory  Publish articles here as other bloggers are doing.

Cell Phones and Distracted Driving

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Distracted driving causes thousands of car crashes each year. While in-vehicle phone-sync systems assist with hands-free use, many people think these technological advancements are indicative of safety improvements as well. Unfortunately, hands-free technology is more about convenience than safety. Studies examining the distracted brain call into question how effectively drivers can actually multitask. Ultimately, when it comes to safe driving, avoiding all distractions and focusing on the road is the best way to ensure the safety of all people.

Pledge Programs

Since smartphones have become such an integral part in managing daily lives, drivers have been using them behind the wheel. Telecommunications companies and non-profits have invested in programs to raise awareness about the devastating consequences that texting while driving can have. In addition to providing practical information and victims’ accounts of the dangers, these programs often invite participants to pledge to abstain from texting while behind the wheel. Despite the popularity and engagement of these awareness campaigns, the problem persists.

Hands-Free Regulations

In attempts to curb texting while driving, many legislators have begun to implement hands-free laws. These laws, as the name suggests, requires drivers to use headphones, Bluetooth, or the audio system built into their car, to use phones while driving. Unfortunately, this solution is limited and misses the point of promoting truly focused driving.

According to a report by the National Safety Council, multitasking is more of a myth when it comes to the human brain. The study suggests that the brain really can’t perform two tasks at once. Though it can quickly switch from one task to another, it can’t process multiple activities concurrently. While hands-free cell phone use may be an improvement from dialing and texting, drivers who use their phones are still splitting mental energy between safe driving and communicating on their phone.

Solutions

Reaction time, focus, and general awareness suffer when drivers use their phones. While hands-free laws can be a deterrent, they are not the ultimate solution in safety. For many drivers the impulse to respond to text messages while driving is powerful. Despite knowing the dangers, many drivers can’t help it. An effective way to eliminate this impulse is to prevent drivers from seeing incoming texts and calls while behind the wheel.

Cell blocking technology prevents incoming calls and texts from pinging drivers while they are behind the wheel. Large telecommunications companies like Sprint, Verizon, and AT&T all have developed apps for this purpose. When downloaded, the applications detect when the car is in motion, and intercept incoming texts and calls. Through the app, users can customize automatic responses to incoming calls and texts that they receive while driving. While cell blocking apps have proven to be a useful way to prevent accidents, drivers still must make a concerted effort to dedicate themselves to focused driving.

Jessica

Find top rated attorneys and law firms profiles with Find Attorneys Directory  Publish articles here as other bloggers are doing.

How long does it take to get a divorce in Australia?

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In 2016 alone, 46,604 divorces were granted in Australia. You’d think that with the volume of marriages reaching their end that it’d be possible to do so quickly and efficiently.

Not quite. Divorce is a big deal, it takes time. How much time, exactly? The simple answer: at least 1 year plus a couple of months. Before you’re granted your divorce, there are several boxes you and your spouse need to tick. Once you know what they are, you’ll know why the quickest of divorces is typically granted within 16 months total (including separation time).

Can You Apply for a Divorce?

It’s surprising how many Australians don’t realise that you need to qualify before even being able to apply for a divorce. The Australian divorce process is more transparent than a lot of other countries, but there are still a few hurdles you need to jump through. According to the Family Law Act of 1975, you or your spouse need to be (at least) one of the following:

  • Be Australian. This can either be by birth, the granting of Australian citizenship, or descent.
  • Live in Australia. You must have lived in Australia for the 12 months preceding your application.
  • Australia = home. You must regard Australia as your home, with the intention of living in the country indefinitely.

In addition to one of the following, you also need to prove to the court that you have been separated for a minimum of 12 months. You must also ensure the court that reconciliation is unlikely. This means that officials must be convinced that once the divorce is granted, it’s final.

Remember, separation can still happen even though you live in the same house. You just need to be able to show that you are separated and living apart. The technical name for this is ‘separation under one roof’. You will need an affidavit to support your divorce application. You’ll need to provide the following:

  • Reason why you’re still sharing a home. Couples that separate tend to change their living arrangements. Why not you? You will need to show why you continue to share a home and if you intend to change this following your divorce.
  • Details about changed circumstance. Think changes in sleeping arrangements, the creation of separate bank accounts, fewer joint family outings, etc.
  • Have government departments been advised of the separation? Many couples will be required to let government services know of their separation. For example, the Department of Human Services (for Child Support).

Joint Application = Faster

If you’re truly looking for a quickie divorce, then we recommend opting for a Joint Application over a Sole Application. The Sole Application is slower due to the fact that the other spouse must be served the application. This basically means that you can provide proof that you’ve given the divorce application to the other party, either by Post or personal delivery by someone other than yourself.

Joint Applications, on the other hand, will not need to be served, as it’s been signed and approved by both parties. Your divorce will begin the consideration process immediately after it has been received by the courts.

Use Those 12 Months!

Many couples wait for the 12 months to elapse before making arrangements about their future. Don’t. If you’re sure about proceeding with the divorce, it’s advisable to attempt to reach an agreement about certain issues. You may find things you never thought of, and it also gives both of you time to ensure you come to an agreement that is satisfactory for both parties. Divorce is a difficult process, but it doesn’t have to be more painful than it needs to.

Finally, Seek Legal Advice

You’re now aware that a divorce takes a minimum of 16 months. But it’s usually longer. This is because getting to a point of agreement isn’t exactly straightforward. What happens to the house? What about the kids? What about the assets and the financial picture in the future?These are not easy questions to answer. Our final piece of advice: it is imperative that you seek legal advice when commencing divorce proceedings. You’ll save yourself (and your ex-spouse!) a lot of trouble.   

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.

7 Admissible Causes of Marital Breakdown in Australia

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No marriage is perfect. In fact, relationships are always good in the beginning. However, the level of mutual understanding and intimacy may eventually fall down for some reasons – mostly due to long-term marital relationships. Statistics show that there is a continuous increase of divorce rate in Australia since 1975, the year when act of  Family Law has been declared in the country. This type of principle covers all family-related issues including: relationships (same-sex is involved), financial and property agreements, parenting style, child custody, and divorce. Read more

Sarah Contreras

Sarah holds a bachelor’s degree in Communication with expertise in developmental and community communication. She writes for BB Lawyers, one of the most outstanding law firms in Parramatta.

How Child Custody Works in North Carolina

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While it is perhaps most common for child custody to come up in the process of going through a divorce, that is by no means the only time when custody has to be decided. Often, custody has to be revisited when one parent moves or their behavior changes (making it dangerous for the child or children to remain in their custody). The child may also reach an age where they can decide whom they want to live with and what situation works best for them.

Whether you are deciding on child custody for the first time as you go through your divorce or are coming back to the issue because of some change, you need to know how child custody works in your state.

This article is intended to help you sort through some of the complexities of child custody in North Carolina so you know what is ahead and how to best navigate the system for your children.

Types of Custody

Before getting into what a custody decision looks like, it’s important to highlight just how custody can be arranged. In North Carolina, custody arrangements can look very different from family to family.

Custody includes two elements: the physical custody of the child and the legal custody of the child. These often, but do not always overlap. These two types of custody can be shared by both parents (joint), be held by only one parent (sole), or else be given to a third party (if neither parent is seen as capable of taking care of the child).

When there is joint legal custody of a child, both parents can make important decisions for the child. This means either parent can decide on medical treatments, education, or other vital life choices. This often, but again not always, goes with joint physical custody, which means the child lives at different times with both parents. An arrangement can be made for joint legal custody that does not include joint physical custody.

In the case of sole legal custody, only one parent can make the important decisions for the child. Sole physical custody means the child only lives with one parent. Sometimes this is preferred, even in the event of good relations between all parties, to provide stability for the child.

If one parent has sole physical custody, the other parent will most likely (except in extreme cases) be granted some form of visitation rights. These can be unsupervised or supervised. An unsupervised visit allows the parent without physical custody to leave the home and take the child on outings or to their own home. There’s a lot of freedom, with limitations set beforehand. Supervised visits require another adult to be present for all interactions with the child. This can be someone of the parent’s choice or not, depending on the circumstances.

Contested or Uncontested Custody

Custody can be worked out privately by both parents. If an agreement is reached, the issue is uncontested and won’t involve a judge (barring very extreme circumstances). However, if both parents cannot reach a custody agreement, the issue is contested and will be decided by a judge.

How Custody Is Determined

In North Carolina, the child’s interests always come first. The state does not decide custody based on the gender of the parent. It also doesn’t consider whether the parent is a blood relative or a relative by adoption.

Instead, what a judge considers are a series of factors that are meant to show where the child will be happiest, healthiest, and safest. To begin with, the risk of domestic abuse or substance abuse will weigh heavily on the decision of the court.

If such abuse is not present, the judge will consider whether both parents can provide a stable home that is consistently safe and pleasant for the child. This includes basics like having a regular supply of food, consistent shelter in a safe area, access to clothes and medicine, but also includes where the child feels comfortable and happy.

Where the child has been living and with whom will also be important to the judge’s decision. Keeping the child in the home, community, and school they know is important, so parents that have not been in the family home, have moved far away, or are often away would be at a disadvantage.

The judge may also consider the child’s age and which parent has demonstrated in the past the characteristics of the primary caregiver.

If the child is old enough to voice an opinion, their preferences will also be considered by the judge.

How to Modify Child Custody in North Carolina

The goal of custody arrangements in North Carolina is to resolve the issue permanently to the greatest satisfaction possible for all parties. Sometimes, however, circumstances change, requiring changes to be made to a custody agreement. These can be positive (such as a parent returning to the area and being able to take joint custody of the child) or negative (a parent becoming unfit to care for the child).

Modifications can be agreed upon by both parents and might be relatively easy to put in place (although they likely will only be made if the change is significant). In the event only one parent wishes to modify, a judge will again become involved to find the best solution. A third party can also petition for a modification.

Do I Need a Child Custody Lawyer?

Where your child lives and who has control of the most important decisions in their lives is perhaps the most important decision that will be made in the process of a divorce. The laws surrounding divorce and child custody in North Carolina are extensive and complex, so it is always best to hire an experienced attorney to help you bring the best case for you and your child before the judge. This remains true in the case of modification, whether you are pursuing it for yourself, or the child’s other parent wishes to change the agreement.

Jessica

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