Divorce and family law rules vary from state to state, and unless you already know your state laws and local rules, you'll have a lot to learn to get up to speed. Family law is a specialized field and a simple mistake on your paperwork can have life-long ramifications or unintended consequences. Because the stakes are so high and personal in a ...
Your divorce lawyer is not your therapist and will not tell you how you should cope with the issues. For that, you need a psychologist or a counselor. However, your divorce lawyer should advise you when your decisions are very bad ones and, unless you change the course, can send you down a dangerous road. My husband is a lawyer and I want a ...
Dec 24, 2014 · Your ex cannot talk to your attorney for advice. Your lawyer and your ex can pass on information to each other, because your ex has no one to speak on his or her behalf, but that’s the legal extent of their communication with each other. (Ordinarily, that type of communication would only happen between attorneys.)
May 05, 2014 · My divorce attorney at the time asked if I had any of the money left because the opposing attorney was claiming as marital property which the judge found otherwise. 16 months later my attorney bills after I already paid her 18K just happen to tack on additional fees to 30K.
The Law Office of Erin Morse is an exclusive Family Law and Divorce Law Firm. Founded by Attorney Erin Morse in Orlando, she and her competent staff ... Read More
Jeff Cutler is a native Miamian, attending local public schools before graduating with honors from the University of Florida School of Business Admin... Read More#N#istration (BSBA, Finance) and receiving his Juris Doctor degree from the University of Florida School of Law in 1982. He was a Captain and four-year letterman for the University of Florida Wrestling Team. Mr. Cutler returned to Miami in 1982 to live and practice law following law school. Mr. Cutler’s areas of legal specialization include civil, corporate, and commercial law and litigation, including business and construction law, transactions and finance, personal injury, wrongful death, p ... View Profile
With collaborative divorce, you and your spouse must both hire attorneys who are specially trained in collaborative law, and you have to commit to avoiding court. This process can be expensive, so it's important to do some research and learn all you can about collaborative divorce before you choose this path.
Fault cases typically take longer to resolve in court because you have to provide admissible evidence and prove to a judge the misconduct occurred and that it caused the divorce.
In community property states, marital property is called community property and is divided equally—in a 50/50 split.
It ends when the divorce case is completed and a judge issues another alimony order. Long-term or permanent alimony is reserved for long-term marriages, where one spouse has the financial ability to pay, and the other spouse has a low or no earning capacity.
If you and your spouse disagree about any of your divorce-related issues, mediation might be a good option; it can work even when divorcing spouses clash on meaningful issues. Sometimes spouses are able to work with a mediator and otherwise handle their case themselves.
Or, if you believe your spouse is actively hiding assets or wasting marital funds, you should contact an attorney to protect your interests.
If your case is relatively simple—for instance, you and your spouse don't have substantial assets or minor children together—and you agree with your spouse on the important issues, DIY is a real possibility.
There are several things to look for when choosing a divorce attorney. You want to choose someone who is experienced, respected, competent, and affordable. If they are proving to not be a good fit though, change them. Because you can, even if the reason is that you don't get on with him or her. Bear in mind however that if an attorney has worked on your case, you'll have to pay her/him for their time. Also, it might damage your case to change attorney's when you are close to a court ordered deadline, so only do it after careful consideration.
One of the best and simplest ways to do that is to start a divorce file. In this file, keep every bit of paper that could have an effect on how your divorce proceedings. Gather copies of all important financial documents and access to all account information. Keep it organized and easy to navigate.
Fault-based divorce is when one spouse committed an act that gives legal justification to the ending of the marriage. These acts include adultery, a felony conviction, cruelty, or desertion.
Contested divorces cost anywhere from $15,000 to $30,000, though there are plenty of ways to limit the staunch the outward flow of cash before and during the process.
An uncontested divorce means that you and your spouse agree child custody, spousal support, child support, visitation, and division of property. If you find that there is no need to fight over these things, you've already saved yourself thousands of dollars.
In any industry, the larger a company is, the bigger volume it's doing. Divorce law firms are no different, prompting many people to seek a solo practitioner who is more invested in the outcome of your case. Paradoxically, however, if the solo practitioner does not have adequate support staff in his or her office, your case may end up not getting the attention and care you were promised.
Mediation is a process whereby you and your spouse sit down with a neutral third party to negotiate several important areas of divorce. It's a low-cost way to address practically any other disagreement you and your spouse may have. While the mediator's decision is not binding, it allows a neutral party to provide their perspective on how divorce related issues should be addressed. However, mediation can only be a useful tool if you and your spouse can come to an broad agreement.
A talented divorce lawyer will help you manage divorce's complex emotions. Your divorce lawyer is not your therapist and will not tell you how you should cope with the issues. For that, you need a psychologist or a counselor. However, your divorce lawyer should advise you when your decisions are very bad ones and, unless you change the course, can send you down a dangerous road.
Disclosures are one of the most important parts of any divorce case. If your husband refuses to make proper disclosures, you must, through your own attorney, put him on notice of the defects and mandate that he make proper, accurate and complete disclosures.
No matter what your situation, you will not go through it alone. Retaining a knowledgeable and experienced divorce lawyer will go a long way in helping ease the transition from marriage to separation and from separation to divorcing your lawyer husband.
Fear is not the same as concern. Fear is not the same as anxiety. When divorcing a husband who is a lawyer or a husband of any profession, anxiety and concern is normal. It is part of the divorce process and I don't know any spouse who goes into a divorce joyful and content.
Your spouse’s failure to respond will be treated as an agreement to your terms. You’ll have to prove to the court that you provided your spouse with proper notice of the divorce.
For some couples, divorce is often a long and painful process. But it doesn’t have to be. Your divorce can move forward amicably and at a reasonable pace. Even spouses who drag their feet in a divorce don’t necessarily control the process. You and your attorney can discuss ways to get your divorce going ...
However, in most cases one spouse files and serves a divorce complaint and the other spouse has 20 or so days to file a response.
For example, in many states there’s a mandatory waiting period in a contested divorce. That period can force a couple to wait anywhere from 30 to 90 days from the time they submit their divorce paperwork to when the judge will sign off and grant the divorce.
A lawyer has an ethical obligation to communicate with his clients. If he’s holding documents or if his lack of communication is holding up your ability to settle the estate, he’s not meeting his ethical duty to you as a client. You might wish to send a certified letter, as you mentioned.
This letter will prompt the attorney to file a notice of withdrawal with the court. In most states, the notice of withdrawal must include the client’s address. That way, the court, opposing attorneys, etc. will send the client any important paperwork/notices rather than sending them to the attorney.
August 9, 2019 at 7:24 pm. Court records are generally open to the public. You can go to the court where your case was filed (usually, the county where the accident occurred or where the defendant lives) and request to see the court file (go to the clerk’s office in the courthouse).