which lawyer takes care of divorce cases

Full Answer

Is your divorce lawyer qualified to handle your case?

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. You may want to get a second opinion from another divorce attorney, who can review your lawyer's work and let you know if there's a problem.

Why do I need a divorce lawyer for men?

There is no better defense than a good offense, which is why having a divorce lawyer for men is critical to protecting a man’s rights to his family, property, and income.

What does a family law judge do in a divorce case?

A family law judge has a tremendous amount of power in divorce cases. He or she may make a variety of decisions that can impact spouses for years to come. Before a person can receive a divorce, he or she must be eligible for a divorce.

Can a spouse hire a lawyer for a divorce agreement?

Specifically, couples who’ve already resolved their asset, debt division, and custody issues may want to hire one attorney to draft up a divorce agreement. But, the spouse who hires or “retains” the lawyer is the lawyer’s client.

History Tells Us Men Need Help Protecting Their Rights in Divorce

Don’t be fooled – a man can lose his house, his income, and his children in a divorce for a variety of reasons without the proper knowledge of the...

Biases Against A Man in Divorce

Men have always had a difficult time obtaining certain rights when going through a divorce because of the outdated divorce laws that were written a...

History of Divorce in The U.S.

Why is this important to know and understand? Because of the way the laws have been written decades ago (and in many instances, with few updates),...

How No-Fault Divorce Damaged Men’S Rights

Originally, every state in the U.S. had a series of individual “grounds”, or reasons, why a divorce could be granted. These reasons needed to be pr...

Women File Divorce Twice as Often as Men!

In fact, numerous studies have been completed by the government’s National Center for Health Statistics that show that, as early as the 1980’s, wom...

How Can A Divorce Lawyer For Men Help?

By understanding the basic history of divorce in the United States, and having an in-depth knowledge and experience of the biases against men in fa...

Who can help you with divorce?

Attorneys who specialize in divorce cases can navigate the legal process of obtaining a reasonable agreement for their clients, and LegalMatch can assist you with finding the right attorney for your needs.

What to do if you are separated from your spouse?

If you and your spouse are considering a legal separation, talk to a family law attorney for guidance. In some states, legal separation is a requirement prior to seeking a divorce, and an experienced lawyer can assist you in obtaining the right resolution for your situation.

What is child custody?

Child Custody and Visitation. " Child custody " and " visitation " are terms frequently associated with separation and divorce cases. Child custody cases can be contentious, especially in situations involving less-than friendly divorce or separation between parents.

What is alimony in divorce?

Alimony or spousal support is the financial assistance awarded to the recipient spouse for purposes of allowing the spouse to maintain his or her standard of living prior to the divorce. Spousal support may be either temporary or permanent, and will vary on a case by case basis.

What is the legal ending of a marriage?

Divorce. Divorce is the official legal ending of a marriage. The laws of each state regarding the requirements of ending a marriage vary, but all require a judicial decree to dissolve the marriage. Some divorce cases are fairly simple, whereas others that involve children and assets, can be quite complicated.

What is a guardian in court?

Guardianship generally refers to the role of an individual who makes decisions for a child or for another individual who is incapacitated and can’t make decisions for himself or herself, also known as a ward . The court generally prefers to appoint a guardian who has ties to the minor or ward, and because the role of a guardian comes with great responsibility, the decision is not taken lightly.

What are the issues that affect family law?

Issues involving family law can include: marriage, divorce, child custody, child support, adoption, reproductive rights, paternity, and domestic violence. Family law encompasses the rules, regulations, and court procedures that involve the family unit. As such, it is not uncommon for cases that are heard in family court to be very personal ...

Why do spouses go to court?

While there are many good faith reasons why a spouse may take a case to trial, unfortunately, many spouses end up in court due to their inability to see how an impartial third party would view their case.

Why do couples divorce?

Many couples find themselves divorcing due in large part to disagreement on finances, so it’s no surprise that they’re unable to agree how to divide their assets and debts during the divorce case.

What is equitable division?

In equitable division states, the court must divide the marital estate “equitably” or fairly, but not necessarily equally. For example, a spouse who earned the majority of the income during the marriage may feel entitled to 60% or more of the marital estate, or a spouse may want to be compensated for the other spouse’s frivolous spending. Since what constitutes an equitable division is the subjective opinion of the judge or jury, spouses may decide to take their chances at trial to get the best financial deal.

How many divorce cases settle before trial?

More than 90 percent of divorce cases settle prior to trial—either by one spouse offering a settlement that the other accepts, or at mediation. Sometimes, however, the spouses simply can’t come to an agreement on an issue like child custody, child support, property division, or alimony, and they need the court to decide these issues for them. This article will explain what types of divorce cases couples try before a judge or jury.

What are some issues that couples disagree about?

Couples may also disagree about other financial issues, like alimony or child support that push them to a divorce trial.

What happens when there is a disagreement over custody?

When There’s a Major Disagreement on Custody. One type of case that often ends up in trial involves a major disagreement on custody or visitation. When there’s a dispute over a day or two of monthly visitation, parents can usually resolve it through negotiation and mediation. However, if one parent believes the other parent is unfit ...

Can a spouse's attorney give a rosy view of what to expect from the court?

It’s also possible that a spouse’s attorney gives an unreasonably rosy view of what to expect from the court, and then backs a client into an unsupportable position at trial. It’s important to try to look at your case from both sides to understand what a judge or jury is likely to do at trial: failure to do so may leave you on the losing side of your divorce.

Why is it important to have a divorce lawyer?

Because men have historically been treated with an unfair bias against them in family court, it is essential to have an experienced divorce lawyer for men counsel and guide males through the process. When men begin thinking about how their lives will be affected when a divorce appears imminent, it is important to understand the history ...

Why is divorce important for men?

There is no better defense than a good offense, which is why having a divorce lawyer for men is critical to protecting a man’s rights to his family, property, and income.

Why did women file for divorce?

This was in part to both no-fault divorces gaining acceptance and the changing gender roles of men and women with women beginning to work outside of the home in higher frequency. But even as the laws were changing to allow an easier divorce, the laws and preconceptions of the spouses remained the same. This meant that in higher numbers, men were losing their homes, custody of their kids, and were forced to pay alimony (spousal maintenance) to their ex-wives.

How did no fault divorce damage men's rights?

How No-Fault Divorce Damaged Men’s Rights. Originally, every state in the U.S. had a series of individual “ grounds ”, or reasons, why a divorce could be granted. These reasons needed to be proven in court with witnesses, evidence, and testimony for the judge to grant a divorce. The most common “grounds” for divorce were: Commission of a Felony. ...

What were the most common grounds for divorce?

The most common “grounds” for divorce were: Commission of a Felony. This all changed in the 1960’s when California began the process of allowing “no-fault” divorces, starting a trend that many other states soon followed (many states now only allow no-fault divorces even!).

What happens when a mother gets custody of her children?

And when a mother was granted custody of the children, the court always ordered the husband to support the mother financially by way of child support, allowing her to keep the home they lived in, and many other things damaging to the husbands well-being.

Can a man lose his house in divorce?

Don’t be fooled – a man can lose his house, his income, and his children in a divorce for a variety of reasons without the proper knowledge of the laws and rules that apply against them in divorce court. Because men have historically been treated with an unfair bias against them in family court, it is essential to have an experienced divorce lawyer for men counsel and guide males through the process. When men begin thinking about how their lives will be affected when a divorce appears imminent, it is important to understand the history of how men and women have been treated differently in terms of marital property, custody of their children, and the divorce process in general. These biases have changed over the years but there is still an uphill battle to climb for equal rights in a divorce for a man.

What is the best way to get divorced?

Mediation involves a neutral attorney who helps couples reach an agreement in a divorce. The mediator doesn’t represent either spouse and can’t give legal advice. Instead, mediators help couples identify the issues that need to be resolved and create an agreement that comports with the law.

What to do if you can't agree on custody of your child?

If you have children and you can't agree on a custody arrangement with your spouse, you should hire an attorney to help you sort this out. There are many factors that go into a custody decision. An attorney who understands the law can help you be successful in the custody process.

Can a couple have one attorney for divorce?

Under limited circumstances, a couple can use one attorney to resolve their divorce. Specifically, couples who’ve already resolved their asset, debt division, and custody issues may want to hire one attorney to draft up a divorce agreement. But, the spouse who hires or “retains” the lawyer is the lawyer’s client.

Can a divorce lawyer represent you?

But, the spouse who hires or “retains” the lawyer is the lawyer’s client. If you are the unrepresented spouse, be aware that the lawyer preparing the divorce agreement doesn’t represent you and cannot give you legal advice. One attorney may be enough for couples with simple divorces, but make sure you understand your legal rights if you’re ...

Can I share my divorce attorney with my spouse?

Can I Share a Divorce Attorney With My Spouse? Divorce attorneys can’t represent both spouses in a divorce. If your spouse asks you to split the legal bill, don’t do it. An attorney hired by your spouse can’t serve your interests too.

Can you argue divorce in court?

Mediation is confidential and even if you and your spouse don’t reach an agreement, you can still argue your divorce in court. The major drawback of mediation is that a mediator can’t advise you if you’re making a good decision – only your own attorney can.

What is a lawyer's dishonesty?

A lawyer’s dishonesty is a serious red flag. An attorney who lies to opposing counsel or a judge won’t hesitate to lie to you.

What is the difference between assertive and take charge divorce lawyers?

11. Too Detached. You don’t want a lawyer who becomes too emotional or weepy in court.

What happens if your lawyer doesn't understand your law?

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.

What does it mean when a lawyer doesn't respond to messages?

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.

What happens if your attorney forgets your 4th child?

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.

What happens if you miss a court date?

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.

Is it okay to ask your attorney to check your case notes?

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.

What is a disability attorney?

The Social Security Disability system can be a particularly complex system in which to navigate. An attorney who specializes in Social Security Disability issues can help you with any step in the Social Security Disability process, including assisting you with eligibility issues, launching an appeal of a decision to deny you benefits and dealing with the reduction or termination of your benefits.

What can a corporate lawyer do for you?

A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.

What is the best legal option for a lawsuit?

Suing someone, or responding to someone’s lawsuit against you? An attorney who specializes in civil litigation will be your best legal option. You may also find that different attorneys will specialize in different litigation areas as well. For example, a corporate litigation lawyer should have the expertise to help you with commercial litigation issues.

What is general practice law?

Unlike lawyers who specialize in a particular area of law, a general practice lawyer has a practice that handles a wide range of legal issues. Different general practice attorneys will have different areas of law with which they are most comfortable, so if you consult with a general practice lawyer, it’s always prudent to discuss his or her experience in handling the type of legal issue you’re facing.

What is an estate planning lawyer?

The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.

What is a worker's compensation lawyer?

If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.

What is an IP lawyer?

Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.

Which states have the most lenient divorce laws?

Some States Are Better for Getting a Divorce. According to the government research site InsideGov, the five states with the easiest and most lenient divorce laws are Alaska, South Dakota, Wyoming, Iowa and Washington.

Why is it important to stay alert during divorce?

During a divorce, it's important to stay alert to hidden tax obligations.

Why is divorce so stressful?

Some people even see divorce as a way to seek revenge on a spouse by seizing money and assets. Although divorce can bail you out of an unhappy marriage, it can also milk you for all you are worth if you don't know your rights.

How much does a divorce cost?

It's no secret that divorce can be expensive. In fact, according to Narris, the average cost of legal fees in a divorce is an astounding $15,000! One way to cut down on these expenses is to use a mediator.

How to deceive your spouse?

You can try to deceive your spouse by hiding or concealing assets, but don't forget that you're also messing with the law. According to Narris, if what you're hiding is discovered, you'll lose your credibility in court. There could also be stiff penalties, including monetary sanctions. To protect yourself and your property during a divorce, it's best to declare all assets upfront.

Why do you need receipts after divorce?

Narris recommends keeping receipts so you have a good idea of what everything actually costs. Doing this will help you maintain quality of life after a divorce.

What is a DOS in divorce?

Typically, the court uses a formal date of separation (DOS) to determine property division and the value of certain assets. "If you are expecting a large increase in the value of a major asset upon a certain occasion, be mindful of that when you decide to initiate the divorce," said Narris. 23.

What is the power of a family law judge?

A family law judge has a tremendous amount of power in divorce cases. He or she may make a variety of decisions that can impact spouses for years to come.

What is joint custody in a divorce?

This means who will have physical custody of the child. The judge may order joint custody in which both parents will have the child for much of the time. Conversely, the judge may award one parent primary custody and the other parent visitation rights.

What does a judge decide?

The judge may have to make important decisions such as which spouse will receive the family home if this issue is in dispute and how the other spouse will be compensated for his or her share of the property. He or she may decide how debts will be handled, how retirement accounts will be divided and whether a spouse is entitled to ...

Is spousal support automatic?

Spousal support is not usually automatic. Instead, the requesting spouse must prove why spousal support should be ordered . The judge considers factors specified in the state statute, such as the earning capacity, work history, age and health of both spouses in order to determine whether spousal support should be awarded and in what amount.

What is the purpose of divorce court?

Divorce Court Disconnect. The objective of a divorce court is to give each party what he or she fairly deserves based on their earnings during marriage. It is next to impossible to factor the broad social pressures that shape women's career decisions into a given divorce settlement.

What is the most difficult thing to do in a divorce?

In a divorce, what was once called "ours" splits into "his" and "hers." While you can easily agree not to live together, what will happen to the things you've worked so hard to acquire? Dividing the marital assets can be the most difficult tasks in a divorce. Read how to divide fairly and enable your divorce to go more smoothly.

What is the law for dividing marital property?

Upon divorce, a couple's marital property is usually divided according to the applicable state law. Parties may divide and settle their property 50/50. The hope in all cases is that both parties are treated fairly.

Why do people divorce?

People who divorce often do so in eager anticipation of reclaiming their lost independence, forgotten autonomy and an identity lost during the course of the marriage. In traditional male/female divorce settlements, there are multiple factors that disadvantage the woman are not taken into account.

Why do women work lower paying jobs?

Add to that imbalance the fact that women often opt for careers that they feel will be more conducive to motherhood, working lower paying jobs because of the fewer hours they require. The problem of lower earning power is exacerbated by child care responsibilities.

Why do women rear children in divorce?

Because predominant social values suggest children are best situated with their mothers, women often do the lion's share of child rearing in divorced families, even in shared custody cases. Any parent who has ever fought a custody battle knows that child care responsibilities are a privilege, not a burden.

Who is Corie Rosen?

Corie Rosen is a fiction writer and poet. Her work has been nominated for the National Book Award, for the Pushcart Priz… Read more