Not all state laws support an even split of marital assets depending on the situation surrounding the divorce, so having an attorney on your side can help to prevent you from getting shorted your share – you may be entitled to retirement benefits or other income about which you did not know.
It’s okay if your attorney needs to check the docket or case notes to verify certain items. However, your lawyer should be able to tell you what’s happening in your divorce when you ask. 5. Unreturned Phone Calls
Many attorneys focus on one or two practice areas, such as family law or criminal law. A lawyer who doesn’t understand the basics of a divorce or who can’t explain the court process probably isn’t qualified to handle your case.
Well what you will get from the “cheap lawyer” is most likely a template to fill in, which he/she will then file in court and hopefully, at some point thereafter, his/her secretary will send you a decree of divorce.
If you come into the battle with another ego-driven lawyer, the games will never stop. You want an assertive lawyer that knows how to fight yet doesn’t start the fights.
Hiring a lawyer to represent you in a divorce with a narcissist is an important decision. Not all lawyers understand narcissistic abuse or the behaviors that might be expected in a divorce. However they do understand a high conflict divorce situation, use the questions below as a guideline. Most lawyers will not give you enough time ...
If your lawyer doesn’t understand local laws or procedures, your case may end up taking much longer than necessary, or even worse, being dismissed because your attorney failed to meet essential requirements.
11. Too Detached. You don’t want a lawyer who becomes too emotional or weepy in court.
A lawyer who doesn't respond to numerous messages probably isn't giving your case the attention it deserves. 6. Unfamiliarly with the Divorce Process. Many attorneys focus on one or two practice areas, such as family law or criminal law.
Although you shouldn’t worry if your attorney forgets the name of your fourth child, there's a major problem if your lawyer doesn’t know anything about your case . Your attorney should remember the basics about your divorce.
Missing a court deadline could result in disastrous consequences for your divorce and may even amount to malpractice. 2. Perpetually Late. It’s a bad sign if your attorney is always running late, especially if it’s to an important meeting or a court hearing.
It’s okay if your attorney needs to check the docket or case notes to verify certain items. However, your lawyer should be able to tell you what’s happening in your divorce when you ask. 5. Unreturned Phone Calls. It's usually a bad sign if your attorney consistently fails to return your calls within a reasonable time.
There is simply no excuse for an attorney who can’t file documents on time or one who misses important hearings in your case. Missing a court deadline could result in disastrous consequences for your divorce and may even amount to malpractice.
Edited by Steven Babitsky, Esq. and James J. Mangraviti, Esq. (©2005 SEAK, Inc.)
A multitude of physicians are involved in divorces each year and have to deal with a roller coaster of critical decisions and emotions in the break-up of their marriage, in addition to maintaining their practice and attending to the needs of patients.
Logically speaking, it should be obvious that if you find a lawyer who is willing to do a divorce for $800 flat, when there are plenty of others who do them for $800 an hour, they are not selling the same service.
If you see a fixed-fee advertised for a divorce, this probably refers to an “ uncontested divorce ”.
Perhaps the point is better illustrated by asking what you would typically expect to get under a more conventional, non-fixed fee arrangement.
If you are concerned about your child’s safety when they are with your alcoholic spouse, the court may appoint a child custody evaluator. A child custody evaluator will spend a lot of time interviewing you, your spouse, and your child or children. They could even request to observe any interaction between your child, you, and your spouse. They may choose to interview your child’s teachers and other professionals.
They may choose to interview your child’s teachers and other professionals. Once this is completed, the evaluator will put together a report and present it to the court.
Being married to an alcoholic can present a lot of frustration and emotional suffering. Even though divorces are always difficult, many people who decide to divorce their alcoholic spouse say they feel a sense of relief because they no longer have to deal with someone who is addicted to alcohol. If you have decided to divorce your alcoholic spouse, ...
Divorcing your spouse who may be dealing with alcohol or drug addiction can be challenging. You may have to deal with more arguments and extremely complex legal issues. It is vital to work with a knowledgeable and experienced divorce attorney who can advise you on the best outcome for you and your family when divorcing a spouse who has alcoholism or addiction issues.
If your spouse is an alcoholic or has other substance abuse problems, this can be held against them if it affects their ability to care for your child. However, many courts can offer an alternative solution so the child can continue to see both you and your spouse. These alternatives include:
However, if your spouse has wasted your marital funds to support their addiction, the alcoholic spouse may be penalized when the marital property is divided. The same goes for any alimony/spousal support.
Additionally, alcoholics may find hard to get along with their employers, take care of their family members, or obey the law.
Divorcing a narcissist husband who is the higher income earner means you are likely up against bullying and intimidation. This can be especially true if you have been a long time homemaker, stay at home mom or earn very little income.
When a narcissist husband fails or refuses to cooperate in providing financial information, California law allows you to compel him or her to provide the information. These motions to compel as they are sometimes called alert the court of your narcissist husband's lack of cooperation.
The narcissist husband's failure to pay support or delaying payment. Failing to pay support or delaying it is a way to exert control. It comes in many forms and includes unlawful deductions from support that were not court ordered.
The wife should not respond "in kind" when divorcing a narcissist husband. The wrong way and unfortunately the typical way many wives respond is "in kind", especially in high asset divorce cases. These wives meet unreasonable and aggressive behavior with their own unreasonable and aggressive behavior. This "fight fire with fire" approach ...
California law also gives the court the discretion to monetarily sanction the narcissist husband for the attorney's fees and costs he caused. This can be a powerful deterrent because you will have turned your narcissist husband's uncooperative conduct against him by having him pay for his misconduct.
Having an attorney help you through the process can help to greatly alleviate this stress – even though you will need to provide the attorney with information, he or she will generally handle all of the paperwork and other aspects of the divorce so you do not have to. Having these tasks off your plate will bring your stress level down and give you more space to focus on other parts of your life like your family, children, or living situation.
7 Reasons Why You Definitely Should Hire a Divorce Attorney. Attorneys are an invaluable resource for those who are entering into a very complicated divorce. When filing for a divorce, it is no secret that the expenses can get out of control. This is why so many people assume they can handle their divorce on their own, ...
Additionally, divorce attorneys can sometimes act as shoulders for their clients to lean on during a sometimes painful process.
When an individual submits his or her own documentation for a divorce, the court will have to determine what the individual desires as part of the divorce and make a judgment based on that assumption. In some cases, the judge will misinterpret the individual’s intentions and bring him or her into a legally binding agreement for something he or she did not want and produce a divorce decree that states something the individual never intended.
When you add this higher emotional level into the divorce mix, it can often mean that one or both of the spouses make bad decisions in order to be spiteful or hurt their former partner.
This is where an attorney is especially helpful – during these negotiations, an attorney will be able to protect your rights against unfair negotiations and hopefully help to bring both parties to a place of agreement outside of the courtroom.
If you have children with your spouse, it is important to seek out a lawyer who is not only versed in divorce but also in child custody laws for the state in which you live. This is especially important if you are seeking primary custody of the children ...