December 2008 - Posts
We talked a little yesterday about if you really need a divorce lawyer. I said take a big look at what is at risk in your divorce. Do you have a lot to lose, is there children involved in the divorce, where you have to make decisions on child support and custody. See thee nice thing about your divorce lawyer is they can help you with all your decisions. They know what is important, they know how much child support you should be getting, they know debt division and property division and how it is to be split in your state, and also how to work things to get you what you want. Divorce lawyers take a little stress off of you by standing up and talking for you. I think divorce lawyers are so very important. So being busy the next few days and I am sure a lot of you are also. I wanted to start off the new year giving you the importance of a divorce lawyer. I am also here at any time to help look up information for you, and give you the best possible information I can find on your divorce and child support questions. With this I hope everyone has a safe and happy holiday and remember others out there. Do not drink and drive..there is another legal battle you do not want to be in. Along with harming yourself or others. So be safe this holiday!
Now the importance of a divorce lawyer! I think it is important to meet with several divorce lawyers before making a decision on just one. Most divorce lawyers offer a free first consultation, always good to call and ask before setting up the appointment. A lot of lawyers now also offer payment plans, so if you are in a money bind, it is always good to ask questions like that first off.
A divorce lawyer helps you through the divorce process, not saying they are there to take all the stress away, but they do know how to handle divorce, so that's where I say finding and picking your divorce lawyer is one of the most important things you will do.
Remember to ask your divorce lawyer lots of questions, and give them all the information you know, so that no surprises come up in divorce court. Again where a divorce lawyer is ready for surprises, you may not be. Think of all the pressure and stress a divorce lawyer takes off of you.
The question a lot of people ask is...do I need a divorce lawyer....in most cases yes, you do, but does depend a lot on what is at stake in your divorce. Going through a divorce is stressful anyhow and trying to do a divorce yourself can be the worst, if there is a lot you can lose in your divorce. You must look at all there is to deal with in your divorce.
* Is there a lot of debt and property to be divided up in the divorce.
* Is there an estate in the divorce that is more then likely going to have to be sold off and divided in the divorce.
* Is there children in the divorce, so there is going to be child support and custody, to get battled out in the divorce.
* You have to think about other things like tax consequences, things you may not notice or know about that a divorce lawyer will.
So you take a moment to look at what is at stake in your divorce. If there is going to be a lot to battle out, getting a divorce lawyer will be one of the smartest things you will ever do. You have to think about your future with this, and saving money not getting a divorce lawyer, may end up costing you more in the end. You do not want to end up trying to reopen your divorce case which we have talked about several times can be extremely hard, and costly. So take a big look around and look at all you would have to deal with by yourself, without a divorce lawyer. See the beautiful thing about a good divorce lawyer is they know what to look for, what to do, and how to manage everything that is going on in your divorce.
If you have been married a short amount of time and there is really nothing at stake, is a bit different on doing the divorce yourself.
On another note we are in the last Monday of 2008, I hope everyone has a safe and happy New Years!
We have done the preparations for your divorce, looking and researching divorce lawyers, how you and your divorce lawyer need to work together and the things that you need to do in your divorce, the information you need to collect and make sure you know all your debt and property in the divorce. We have hit many areas several times and I think they are so important. You want to make sure you get your divorce process right the first time so that you are not hearing APPEAL. If you do not wrap up your divorce correctly, then you will be back in divorce court doing an appeal.
The first most important thing you will ever do in wrapping up your divorce correctly is, sit down as if you have a great book in your hands and get comfortable somewhere in a corner and READ THE ENTIRE DIVORCE ORDER. I know this seems dumb you say well I will just skim over it..sign and be done, but even the slightest word in there can change what is going on in your divorce you may not get what you thought you were, so READ the divorce order front to back, top to bottom and then also have someone you can trust read over the divorce order. They may even catch something you did not, so in wrapping up your divorce that is one of the biggest most important things you will do!
Now if you have spotted something in your divorce order then its time to take it to your divorce lawyer before you sign anything and get the information straightened out, I think it is even really important to get typing mistakes fixed, even banking account numbers can be wrong for when money is transferred in the divorce, so double check everything and if there is a problem, well then they are fixed before the divorce papers are signed and anything has went through.
If you have already signed your divorce papers and then find these mistakes or notice something went wrong and spot them in the papers by doing a check, some states if you act quick enough, you may be able to change things before you have to appeal, if not you will be back in divorce court.
READ YOUR DIVORCE PAPERS BEFORE YOU SIGN!
Yes mistakes it is something we all do and usually learn from, but it is so very important to try and get your divorce done right the first time around, the last thing you want to be doing is in divorce court the 2nd time around fighting over something that went wrong, not to mention how hard it is to even reopen a divorce case. So one of the first things I am gonna put down on not making divorce mistakes is.
* Research your divorce lawyer. make sure your choosing who you want and meet with several before settling with the first one you talk to. Find out which lawyer you may work with best.
* We have mention this before in dividing property in divorce blogs, make sure you know what you have...property, debt. etc...do not have yourself left in the dark and walk away from the divorce leaving your spouse with everything good and you just have divided debt, and a good divorce lawyer will tell you to do a property inventory.
*. This has also been mentioned time and time before any many divorce blogs, therapy and counseling is very important, especially if there are children involved, believe it or not they need someone to talk to also with the divorce process and after. Most children in a divorce think the divorce was brought on by them so make sure everyone gets counseling either during or after the divorce.
* Pay attention to the taxes, most people over look taxes when it comes to divorce and later on it comes back to bite them, when they get either a big tax bill.
* Do not be overly generous to your spouse in the divorce, thinking that will help you win them back. This is your future think about it!
* Read your divorce papers that will be the best thing you will do, make sure you know what in them!
Divorce, this term refers to the legal end of a marriage. Every state has there own rules and well regulations to when divorce is granted and if the state is a no fault or both fault based state or even states that use both in divorce grounds. There are many grounds on which divorce can be granted in and here are some of the fault grounds for divorce.
*Adultery, grounds for divorce.
*Insanity or a mental disorder, grounds for divorce
*Indignities, grounds for divorce.
*Desertion, grounds for divorce.
*Cruel Treatment, grounds for divorce.
*Bigamy. grounds for divorce
*Imprisonment, grounds for divorce.
Now there are the no fault based divorce grounds that we have talked about before, no fault state and the states that carry no fault based grounds for divorce, are used that both spouses acknowledge the divorce and no longer want the marriage and that there will be no reconciliation between the spouses. So each state will be different some states only allow a no fault based divorce, other states you must have grounds for the divorce and with several states now you must have marriage counseling when the divorce process begins, before they will proceed. A divorce lawyer will explain what your state grounds and governing for divorce will be. Now again as I stress in most of the divorce blogs is finding a great divorce lawyer and doing your research, you do not want to take chances with your future, if there is children involved you do not want to take a chance on custody and child support, also the debt, and property, etc..... And never feel rushed in your divorce, take time to make sure all decisions are right and feel right. Taking time in your divorce, helps you in the future.
We went over a little bit yesterday on responsibilities for you and your divorce lawyer but lets step back just a pinch on what to expect and what you will be doing in the process after you have chosen your divorce lawyer. After you have chosen your divorce lawyer, there will be a first meeting and now information is going to be gathered. Here is the list of what your going to write down to take into your divorce lawyer, its best to be prepared so your not wasting time writing it down when you get there, helps with preparation and getting the divorce on its way.
* The divorce lawyer is going to need your home address, this is needed through the divorce process at all times, comes back in also if your still at the address and also who will receive the home, will it be sold and split equally so where you live address is needed.
* Your divorce lawyer will need the address where you are employed.
* Your divorce lawyer will need your home phone number, your work number, cell phone, even a pager, this was explained in yesterdays blog the importance of your divorce lawyer, being able to reach you at all times.
* It is also important that if you have a fax number or even email that you give your divorce lawyer this information, then he can send important information on your divorce process at all times keeping you updated.
Make sure you have that list of information ready to go, now your divorce lawyer is going to need detailed information, how the divorce come about, if there was any abuse, if there is pictures and even information that has been kept reports witnesses, letters, messages, etc.
Your divorce lawyer may even have you fill out a questionnaire
Your divorce lawyer needs to know if there is children involved in the divorce. Your divorce lawyer needs every key factor and all the information you can give them. Also collecting all your debt and property information. EVERY little bit of information you can give to your divorce lawyer is so very important, it helps wit the divorce process getting what you you rightfully deserve in the divorce, and no surprises come up in court.
The importance of your divorce lawyer. We have talked about it, researching, and when you have found the divorce lawyer you will be working with, well there are certain things you will need to do. This is a person you will be working closely with on making sure everything goes great in your divorce process, so here is a list of what you will need to have for your divorce lawyer, and then we will go over what your divorce lawyer will be doing for you.
IT is all about working together also.
1. Make sure that you give your divorce lawyer all your contact information, from where you can be reached at any moment, phone numbers, address, now even fax and email is important for your divorce lawyer so at any given time they can send you information to look at. You need to be available to your divorce lawyer so that everything goes smoothly and you know what is going on at all times.
2. Now another thing is to always be 100% truthful about everything with your divorce lawyer, you do not want to be in court and something comes up that everyone is completely shocked over. Give them all the information they will need to know. That way you and your divorce lawyer are always prepared, for anything that may come up.
3. Be available to your divorce lawyer and all the legal proceedings that is VERY important!
4. Remember to pay your legal bills to your divorce lawyer on time and now a days some divorce lawyers will even set up payment plans.
Now those are some of the most important responsibilities to your divorce lawyer. Here is some of the things your divorce lawyer will be needing to do for you.
1. Your divorce lawyer must research all the legal issues of your divorce, in your case.
2. Your divorce lawyer must always represent you within bounds of law.
3. Your divorce lawyer must and should let you know what is going on at all times in the divorce process, a good divorce lawyer communicates with you, sends all information to you in a timely manner and also lets you know ahead of time when all the legal briefings will be.
4. Your divorce lawyer owes you their loyalty and should never work on cases similar to yours and everything should stay completely confidential! And keep all your information separate from other cases.
Stepping back into reopening divorce cases and of course stressing to you again the importance of a divorce lawyer, so that you may not be doing this this second time around. We recapped a bit yesterday on reopening a divorce case for a husbands pension and you saw the issues that come with that, it is hard to get the courts to reopen any divorce case.
To reopen a divorce case you are going to have to show that there was fraud, a misconduct or mistaken negotiations. That's another thing we have discussed but never hurts to go back over things is to read your divorce papers before you sign them, if you have questions ask your divorce lawyer, so many spouses sign the dotted line and then later on realize they were completely taken in their divorce. so your going to have to show that there was the fraud, misconduct or mistaken negotiations, you can also show any unfairness in the divorce papers if it is completely unfair and you had no idea, another point out is know what debt and property that you have. I have stressed that many times. All divorce agreements must be equitable and just, that being fair. Sometimes divorce cases will be reopened to clarify things, so there can be an understanding on the property and settling agreements, but if the divorce was completely unfair and the divorce courts see there was misconduct, fraud and mistaken negotiations the divorce papers will be modified.
Remember reopening a divorce case is hard in any matter, doing it right the first time so very important, so do your property and debt inventory, find a great divorce lawyer, read your divorce papers before you sign them, there are so many important things spouses over look because they want it over....do not end up having to spend more money and time back in divorce court.
So this is the first bit of recap information I am giving you about reopening divorce cases. We talked a pinch yesterday how important your divorce lawyer is and even though you think it may not be, the best thing you will ever do is FIND and search for a good divorce lawyer. I have said it before, spouses want the divorce over quick, but then get to looking back on how they may have messed up by either not getting a divorce lawyer or not getting one to really research, just handle the case. I explained yesterday how a good divorce lawyer looks over everything, child support, alimony, can a spouse receive a portion of her husbands pension in a divorce, now that is one of the major things over looked in a divorce, a good divorce lawyer knows to look for these things. So here you are realizing you could have received a portion of your husbands pension, now you have to reopen a divorce case......now you need to find a great divorce lawyer.
So a great divorce lawyer saves time and money.
Now to reopen a divorce case for a husbands pension is hard and questions are going to arise. Did the divorce lawyer over look it, did a wife give up her option in the divorce for part of her husbands pension and now wants it, in most cases like that you will not be able to reopen it...or did the wife simply not know she could get a potion of her husbands pension in a divorce. So now here is the list your going to have to through for the divorce courts to maybe get your divorce case reopened.
1. You will have to have very detailed motion papers detailed for the courts.
2. You will have to have a legal brief with the divorce courts to convince them to even reopen your divorce case.
3. Then you will have to submit a new CIS form which your divorce lawyer will go over with you.
The quality of your motion papers and the individual judges in the case will play an important impact if they will allow the divorce papers to be reopened and modified. It is not an easy process and again can cost you money that may not get your divorce case reopened at all. So as I stress over and over in most my divorce blogs...research and find a great divorce lawyer, because if you overlook something, a great divorce lawyer may catch it, and you will not end back up in divorce court.
The right divorce lawyer can make all the difference in your divorce process. This is really something that does need to be taken serious in your divorce. Selecting the right divorce lawyer, I know many spouses in a divorce are in a hurry and want things over with, but in the long run, the quickest route and no research on your divorce lawyer may land you back in divorce court, trying to reopen your divorce case, which is something that is very hard to do, I will recap on that again this week. It does take a big process. In many cases spouses do not even know what they have and having the right divorce lawyer they can tell you what you need to be looking for, and what information you need to be collecting for them, such as what is all your debt and property, also if you can receive pension and alimony that a lot of spouses do not even think about, but a good divorce lawyer will. You do want to get your fair share and a good divorce lawyer knows everything to look for and how to prepare you for the divorce and get you what you rightfully deserve.
Researching your divorce lawyer is important to. Most first consultations with divorce lawyers are free. so going and talking to several and seeing who is most interested in your case or even who you feel comfortable working with on your divorce, getting along is important and getting different views from different divorce lawyers is important, look and see who seems to be most interested in your divorce case.
Looking for divorce lawyers. You can look for a list of divorce lawyers on the Internet in your area, and the good old trusty phone book. If divorce lawyers have good ads that's important also, ads show in some cases that they are well established compared to just a name and phone number. You can also call the local attorney referral service to get a list of divorce lawyers that are in your area. it is also so important to do a check on your divorce lawyer, check and see cases they have won and they should always have information for you to look through.
Take time to research divorce lawyers and pick someone you feel comfortable with, yes it does take time, but can save time in the future and you walk out from the divorce with what you deserve.
If you are going through a divorce, getting ready to go through a divorce or even thoughts of divorce, there are things that you need to do to prepare your life for the divorce. You have to get yourself stable and set up for the future. We all need a helping hand and divorce is a very difficult time in anyone's life, so we need to know where to start, things to do and to get our life ready, so here is a few tips to get you started.
1. If you do not already have so, your own checking account and savings account is so very important, also during the divorce when they are separating debt and property money can easily be transferred to your account and they will also be able to tell that you were just preparing your life at the time it was opened for the divorce. Having your own checking account is important I believe to anyone's life, wither opening it to start over after a divorce, or to keep some of our independence.
2. Now I know not everyone likes credit cards but they are good for establishing credit and you will need your own credit after the divorce. The smart thing to do with credit cards is to use and then pay right back off makes your credit score better anyhow. So forming some credit of your own after divorce.
3. Also I have mentioned this in so many blogs it is important to make sure you know what you have, so that you do not get taken in the divorce process, so make copies of deeds, debt records, investments, prenuptial agreements, you see what I am saying, you need to have copies and know what you have when the divorce process starts and for your divorce lawyer, but take copes and keep them outside of the home with someone you can trust until the divorce process begins.
4. A job, it is so very important to have employment of your own and remember you can get alimony in your divorce in some cases, and you can take a look at the alimony blogs on the site by clicking the tags and looking at alimony information in the list of blogs that come up. Because you may have to return to school after the divorce, but looking and reentering the workforce is important for taking care of oneself.
5. Health insurance, now you may be able to get and ask for health insurance from your spouse if you were receiving it that way until after the divorce, asking them to allow you enough time to get coverage of your own....if children are involved in the divorce, in a lot of cases they will allow the children to still remain under the spouses coverage.
6. I also think it is very important to get or see a therapist after your divorce or during the divorce process. They can help us move on and sometimes answer questions we can not ourselves.
I hope some of these tips help those who are in a divorce or starting the divorce process
I thought I would take this Friday and go over mistakes that spouses make in their divorce. Yes of course a divorce is something we want over and done with as quickly as possible, but we also want it done right so we are not sitting around wondering, what did I do, why did I not get this.......So take time first off to research your divorce lawyers, take time to meet with a few that is the best thing you will ever do. A good divorce lawyer knows what you need to do, and can help all the way through the divorce process. But here is a few other things you also need to make sure of.
1. Make sure you know what you have in property in debt. Most people going through a divorce do not even know what they have. So go through and do some inventory and research if you do not know.
2. Having someone to talk to through the divorce process is important, I most the time say family is not your best option pick a friend that will just listen or even a counselor....getting counseling is important in the divorce process, it does help us move on and if there is children involved in the divorce, helps them also. Most children tend to think a divorce is their fault, never let them think that.
3. In the divorce process pay close attention to your taxes, things can be so mixed up and you do not want to receive a tax bill. Could be from the sale of a property or capital gain.
4. Some spouses try to be extra nice to the other in the divorce thinking they will win their spouse back. THINK ABOUT YOUR FUTURE.
5. Make sure your not letting your divorce lawyer gather all the information, get in there and help, exchange information and know what's going on!
I am hitting around different areas of alimony and debt division from state to state in the last few weeks. To give you information on divorce in different areas. I will also gather other divorce information and recap on it to help you with your divorce issues, and remember at anytime you can ask questions or even just write down your feelings. Everyone needs an outlet at times. Going through a divorce is never easy.
So today New York alimony after a divorce, now here it is referred to as a maintenance instead of a spousal support. As with any state alimony can be paid for a short duration while a spouse gets back on their feet, does schooling and returning to the work force, or it can be paid for many years. Here are some of the main factors that the divorce courts look at when deciding how long, when, and why alimony after a divorce is to be paid.
1. Divorce courts look at the total length of the marriage. They also look at the age and the health of both spouses, and if there is any special needs or medical needs in the spouses lives.
2. Divorce courts look at the standard of living before the divorce. Was a spouse a stay at home mother, which can also be hard on children's lives, when both spouses now have to work. The look at if a spouse quit school or a good paying job to stay at home.
3. Divorce courts also take a look at the spouses financial needs, the bills and debt they may be taking on in the divorce. If they will have to get a higher paying job to pay bills, even go back to school to better themselves in the work force.
4. Divorce courts look at the conduct of each spouse during the divorce, they also look at what the conduct was DURING the marriage.
5. Divorce courts take a look at how children will be affected, as we discussed just a moment ago if they are use to a stay at home mom that now has to go back to school and or work.
6. Divorce courts look if there is any tax consequences in the divorce.
7. Divorce courts look at each spouses assets, and if there is any to be acquired during the future.
So many things are looked at and those are the main areas when deciding alimony. As most states temporary alimony during the divorce process can be awarded until the divorce is finalized and the courts have made final decisions.
7.
Every state is different on how it decides if alimony will be paid after a divorce, so many factors as we discuss state to state fall in on deciding on amount and the length of how long alimony will be paid after the divorce. Here again California refers to its alimony after a divorce as a spousal support, and in any alimony blog I like to remind people that alimony after a divorce is not a punishment. When you have come accustomed to living a certain way and even maybe quit schooling or work, a spouse will need help getting back on their feet and sometimes the alimony in cases is paid longer due to many factors.
So lets take a list at how the divorce courts decide on alimony after a divorce, many factors are mixed together such as if its elderly spouses alimony may be paid up until one spouse passes away. Alimony will not be paid when the spouse receiving it is ever remarried.
1. Divorce courts take a look at the over all standard of living. Going from one extreme of living to another can be rough.
2. Divorce courts look at how long the marriage was, now as I have said before, anything over 5 years is considered to be a longer marriage.
3. Divorce courts look at the needs of each spouse, such as medical or health needs.
4. Divorce courts look at the financial liabilities of each spouse. Who is going to have the most expenses.
5. Divorce courts take a look at if the spouse was use to staying at home...stay at home mother, this can even be an impact on a child's life.
6. Divorce courts look at if a spouse has to return to school to better themselves in the work force, and maybe continue the major they were in. How hard it will be for them to return to school or the work force after the divorce, all this plays a huge roll in alimony after a divorce. It may be hard to get a job to support oneself especially if after staying home quitting school or work.
7. Divorce courts also look at the ages of each spouse.
8. Divorce courts look at tax consequences that may come from the divorce.
There again are so many factors when divorce courts look at spouses in each divorce case for alimony. Again like most states a temporary alimony can be awarded during the divorce process.
I hit just a pinch of a discussion in yesterdays blog on alimony in a divorce in Illinois while discussing debt and property division, in how the divorce courts come about separating property and if a spouse has been working, but lets recap and discuss alimony in Illinois. Alimony after a divorce is referred to as a spousal support most states refer to it as that in the divorce process. Marriage is a promise to be taken care of and supported, and alimony after a divorce is to at least help that person get back on their feet after that promise is broken. Alimony is not a punishment to a spouse. There are different factors that are looked at when deciding wither alimony will be paid in a divorce and for the length of time, it can be for a short amount of time. or lengthy amount of time....different factors such as age, health, income...etc all play part in deciding wither alimony will be paid in a divorce. So here are some of the factors.
1. Income plays one of the biggest parts if alimony will be paid after a divorce. Has a spouse quit there job to become a home maker or even schooling is there children involved that is use to a stay at home home. Will a spouse have to return back to school, to find a better place in the work force after the divorce. So all of this comes into play.
2. The total length of the marriage before it was ended in divorce. Has it been a short lived marriage or a lengthier one. Most the time anything over 5 years is considered to be a longer marriage.
3. The standard of living, how much will a spouses lifestyle change after the divorce. It is hard on a person to go from one extreme of living to another.
4. The over all age and health of the spouses in the divorce. Do any of the spouses have certain medical needs..etc.
5. They divorce courts also look at if there is any tax consequences to one spouse in the divorce.
6. Also sometimes in prenups there will be that a spouse pays alimony after a divorce.
There are so many factors when divorce courts are deciding wither alimony is to be paid to a spouse in a lot of cases a temporary alimony can be awarded during the divorce process to help a spouse getting out on their own.
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