Marriage is never an easy thing at which to succeed. The institution takes a lot of hard work, patience, devotion, and care. Unfortunately, things happen in life that end up putting unbearable stress on marriages. In the end, more than 55% of marriages break under the stress.
When marriages break and children are part of the picture, the breaking up process often becomes very complicated. The fact is children cannot be in two places at the same time. If both parents want control of the children and neither one is willing to compromise, it becomes incumbent on the judicial system to intervene and decide what’s right.
The words “what’s right” refer to the courts deciding what’s right for the kids. They have to be everyone’s primary focus during divorce proceedings. With that in mind, you have to decide how you are going to approach your child custody case to ensure you get the results you want or need. To that end, here are six tips to help you prepare for your child custody case.
1. Research Your State’s Child Custody Law
You can’t afford to make any mistakes when it comes to fighting for the right to have at least joint custody over your kids. Before you start the child custody process, do yourself a favor, and research your state’s laws regarding custody. By doing so, you can then set appropriate expectations and gain an understanding of what lies before you.
2. Gain an understanding of the Better Parent Standard
As stated above, the courts have an obligation to rule on what they believe is best for the child in question. To do that, they will be trying to assess which of the two parents are best suited to be the child’s primary caregiver.
Each parent will get an opportunity to make a positive impression on the judge who is overseeing the applicable case. That means you will get an opportunity to stake your claim. With that in mind, you have to be ready to put yourself forth in the best light possible.
3. Go Into Court Prepared
Child custody is a serious issue. There is very little in the world that is more important. It’s incumbent on you to be well prepared to present yourself and defend your rights to your child or children.
Working with your attorney, you need to gather all possible documentation. That should include anything a judge might want to see as proof of your devotion to the child and your ability to provide proper moral and financial support.
4. Dress for Success
It might seem insignificant, but how you present yourself physically in front of the judge will matter. Judges tend to favor parents who are well-groomed and appropriately dressed. Remember that “first impression” concept? It’s fully applicable here.
5. Learn Courtroom Etiquette
Any attorney with their salt will school you on basic courtroom procedures. They will school you on behavioral expectations within the courtroom. What they can’t do is control your behavior.
For the judge, you need to paint a picture of a person who is confident and in control of their emotions. You need to understand what and what not to say and how to express yourself without being demeaning to your estranged spouse.
6. Show Willingness and Ability to Communicate With Your Estranged Spouse
Ultimately, judges know kids need participation from both parents. The judge will be looking at both parties in your case to determine if one parent is more willing than the other to compromise, communicate, and cooperate. Translation: The courtroom is the right place for you to rise above any animosity that might exist if you want your child.
5 Important Questions for Divorce Lawyer You Should Ask
Overall, divorce rates in the US are the lowest they’ve been in 50 years. However, each year, 15 out of every 1,000 couples will still file for a divorce.
Are you and your spouse considering a divorce? If so, there’s a lot you need to do to prepare for the process, including hiring a divorce attorney.
How can you sift through the plethora of law offices and find the best divorce lawyer for your case? Here are five important questions for a divorce lawyer.
1. Do You Specialize in Divorces?
It sounds like a no-brainer, but the best attorney for a divorce is one that specializes in the subject. Many law firms work in multiple areas of the law (personal injury, bankruptcy, estate planning, etc.), while others have a more narrow focus.
Don’t assume that a “family law” attorney is automatically a divorce specialist. They may focus more on paternity, adoption, or child welfare than divorces. Unless you have other civil concerns related to your divorce, you’ll probably have the best outcome by seeking a law firm that focuses on divorce.
2. How Does the Divorce Process Work?
Although every case is unique, there are some basic steps and procedures involved in every divorce. During this stressful time in your life, it will help you to understand exactly what to expect in the weeks and months ahead.
This is also the time to find out how the lawyer’s fees are structured and what you’ll be expected to pay.
3. What Do You Need to Know About Me?
You’ve likely been enmeshed in your marital problems for a while, but your lawyer knows nothing about you, your spouse, or your children. With emotions running high, it can be hard to know where to start and how to explain your situation.
Break the ice by asking the divorce attorney what they should know about your marriage. They should also be able to explain the likely outcome of your case.
4. Is It Possible to Reduce the Cost of the Divorce?
Divorce doesn’t have to be expensive. You and your spouse may be able to file an uncontested divorce if you can agree on important matters like child custody and division of assets.
If you can’t reach an agreement, you may be able to save on litigation costs by using a mediator. Ask about your options for reducing costs, especially if you’re concerned about the financial impact.
5. Who Will Work on My Case & How Will We Communicate?
Will you work directly with the lawyer you’re consulting with, or will one of their associates handle the case? How often will your receive updates on the proceedings? Do they prefer to communicate via email, text, or phone calls?
Make sure you’re on the same page and comfortable with the attorney’s communication style before you move forward.
Save These Questions for Your Divorce Lawyer
As you begin your quest for a lawyer for your divorce, take these questions along to the consultation. Pay close attention to the answers and you’ll soon be on your way to finding the best divorce lawyer in your area.
Now that you have these questions for a divorce lawyer, what’s next? Keep browsing our site for more helpful tips and advice!
Cheating spouses in a no-fault divorce state
One of the most common reasons for marriage failure is infidelity. If your spouse has cheated on you, it is only normal that you would want to bring it up in court because you believe it is his or her fault that your marriage has ended. Anyone who discovers their spouse or partner cheating will surely feel upset, angry, confused, and other intense feelings. In fact, discovering that your partner has been unfaithful may be the worst sensation in the world. While you have every right to feel this way, citing infidelity as a fault ground will almost never affect the outcome of your divorce. Because many states are no-fault states, you have the option of citing blame reasons or filing a no-fault divorce.
In most states, no-fault divorce has become the standard, which means that the reason for the divorce is not a factor considered by the court when distributing assets and debts or deciding other aspects of the settlement.
Does cheating matter to judges?
According to some statistics, a cheating spouse causes 17 percent of marriages to terminate. Over the course of their careers, divorce attorneys have assisted with infidelity-related divorces on a frequent basis. Women betray for emotional reasons, whilst men cheat mostly for physical reasons.
Cheating is most likely to happen in the first year of marriage, after the birth of the first child, in the seventh year of marriage (the famed seven-year itch), and in middle life.
How cheating matters in no-fault divorce state?
Adultery has no bearing on your situation and cannot be used against you. There can be an unending array of changes made, many of which coincide with discussions about establishing the affair. These attempts, however, are utterly futile. The court is unconcerned. The court has no authority to make moral decisions. People come to us under the mistaken impression that the court will punish a cheating spouse. They are mistaken. The emotional divorce, not the legal divorce, includes adultery.
Effects of cheating on no-fault divorce:
Even though Colorado is a no-fault state, there are times when misconduct, such as adultery, might have an impact on Colorado divorce. Infidelity has the potential to destroy relationships, and there is frequently no way to recover from it. However, it plays a role in divorce when it has a negative impact on the surrounding conditions.
Though its uncommon, property distribution is one area where adultery and cheating in many states may have an impact on divorce. Adultery is rarely mentioned because there is no one to blame. It might be possible in some cases, such as if dishonesty was a direct cause of financial difficulties. For example, the court may take this into account if:
An affair may have featured extravagant presents, racked up large hotel bills, or contributed to other financial difficulties.
Effects of cheating on custody:
If a person’s parenting capacity is harmed as a result of an affair, such as forgetting to pick up your child from band practice because you are otherwise “involved,” this might affect child custody choices. It might be possible to show that an affair is a symptom of a bigger pattern of neglect.
- Did your ex choose adultery over parental responsibilities on a regular basis?
- Instead of attending your child’s birthday party, did they shack up in a hotel room?
- If you can establish that infidelity led to poor parenting decisions, the court may take that into account when making child custody decisions.
Effects of cheating on alimony payments:
Because of some state’s no-fault divorce laws, spousal support is another area where adultery may play a role in your divorce. It’s also another area where demonstrating the tangible impact is tough. It may apply if you can show that infidelity directly caused an unreasonable financial strain. During an affair, your spouse may have depleted your savings or racked up significant credit card debt. When deciding on spousal support, the court will most likely take this into account.
They may also consider considerable emotional pain as a result of adultery. However, it must be serious in this scenario, such as affecting one’s ability to get or keep a job.
No-fault divorce arguments:
Suicide rates and domestic violence events are frequently cited by proponents of no-fault divorce. Both of them were dropped in states that had adopted this method.
Outside parties, such as the courts, should not be able to assess whether a person has genuine reasons for wanting out of a marriage, according to them. Even if your husband does not want to divorce, the fact that you want out should be enough.
Opposition to no-fault divorce:
Opponents claim that no-fault divorce diminishes marriage’s fundamental value. That by making it simpler to end a marriage, the importance of the married tie is diminished.
Another source of dispute is that the individual who petitions for divorce is frequently the one who is genuinely at fault. An abuser or dishonest spouse can end a marriage in these instances with no repercussions. There are a plethora of reasons why marriages and relationships fail. It’s as long as the reasons for people getting married in the first place. Abuse, infidelity, and financial difficulties are just a few of the most typical reasons. However, sometimes people simply grow apart or have different desires.
So, why is there no-fault? Because the other spouse is not required to dispute the issue of fault, the divorce cannot be stopped. Consider this: if you must prove fault in order to get a divorce, and your spouse does not want to get divorced, they may prevent you from divorcing them by convincing a judge that there was an insufficient fault to warrant a divorce. “There is no culpability, so there is no legal foundation for us to be divorced,” the other spouse would claim. All property and debt accumulated over the course of a marriage—including both spouses’ income—is deemed to be “community property” that must be divided in a “fair and equitable” way by the trial judge. Even though the spouse is cheating still you can’t file against him/her, until you prove that this thing harmed you.
Qualities of Good Process Server
A process server, a person, or a company you hire to carefully deliver your documents and legal reports of your business.
Many of you must be having an issue in the hiring of a process server. If yes, then you are on the right platform.
A process server is someone you can’t choose randomly. You must take great care while choosing someone to do your official work for you.
Many companies are offering their services of process servers, such as process server, Modesto, CA, with budget-friendly packages. But the thing is that you must get to know what to look for in a good process server.
Here are the good qualities that a process server must be equipped with :
- Use of most advanced technology: A process server must have the latest technology so that you can trace back the delivery process. Must be using GPS and other latest tools to get things done. If he is not having the latest technology, you can’t be sure that the target is met or not.
- Persistent: Persistence is a must. A good process server must be persistent in dealing with the clients and reaching the target. He should not get bothered while asking again and again about the address.
- Quick Reflection: A good process server should have a quality of quick reasoning on different matters. For instance, he will not be stuck on one way and might find another way without wasting time.
- Uprightness: The process server’s quality of integrity is very useful for the client. For instance, it will agree to all the conditions and rules of your state and will work diligently without violating the
- Customer Assistance Policy: Mostly, you want proper security and care of your documents, then you must choose a process server that is aware of your reputation and the sensitiveness of your property. Therefore customer assistant policy is another plus which you need in your process server.
- Licensed: Process serving companies must be authorized and legal to handle your work and to ensure prompt delivery. If the service provider is not licensed, you might get in trouble if the process server is tangled somewhere. You will not only lose your documents but will pay extra charges.
- Information: A professional process server is always updated with the proper information about routes and delivery methods and has multiple ways to access information precisely.
- Good temperament: Good process server must be calm to handle different situations. Calm is always a concrete quality that a process server must possess to achieve the target positively. There might be issues of fast driving or difficult routes, which can lead to disaster if the person is not calm enough to control the impending circumstances.
The above-discussed qualities are the features that make a successful and good Process server useful for you.
Along with finding a good process server, you can also find private investigators by searching on Google, like searching privateinvestigator, Modesto, CA. Hopefully, you will be able to see these qualities in your process server.
The Brief Guide That Makes Choosing a Real Estate Attorney Simple
If you are looking at moving house, there might be one factor you have overlooked so far. How do you pick a real estate attorney?
Some states require you to use a real estate attorney. However, even if the requirement is not there, a smart homeowner should consider it. After all, the attorney can navigate the local real estate market and the legal industry.
There might be legal questions, issues, or other advice you need that a real estate agent cannot offer. So save yourself the time now and hire a real estate attorney.
However, with over 630,000 in the US, how can you find the best real estate attorney? Read on to find out.
Real Estate Attorney Specialism
It might be tempting to go with your usual attorney, but it is best to pick an attorney who specializes in real estate. The real estate market and rules change often. You want a real estate attorney who is up to date with laws and regulations to navigate your case, whether it seems complex or straightforward.
Legal Industry Experience
Check the real estate lawyer has the right qualifications and experience. An experienced attorney will have the knowledge to deal with your case and any challenges that arise. You can contact the America Bar Association for real estate attornies in your area.
Knows Local Real Estate
If a lawyer lives in another state, they may not be familiar with the local real estate in your area, which can cause a lot of issues down the line. You never know when you need to drop documents off, talk to them, or they need to attend a meeting with you. It is best to pick a local real estate lawyer to deal with your case.
A real estate attorney may look great on paper, but does their reputation match? Read client reviews online on independent websites. You can also ask colleagues, loved ones, and friends if they have any local real estate lawyer recommendations.
Real Estate Lawyer Costs
Always check what their costs are upfront. They may charge a flat fee, by the hour, or charge for different services. Always get a written agreement of the costs and ensure there are no hidden fees.
It does not matter if they are the best real estate attorney on paper. If you do not get along, it will not feel like it! You could be working with them for some time and maybe under stressful situations if there are legal issues. Make sure you feel they listen to you and care about your case.
The Best Real Estate Attorney
A real estate attorney can help you with many different real estate market issues. If you consider these factors, you are on your way to finding the best real estate attorney for you. You may find several lawyers, but it will come down to who works best for your case.
Did you like this post? Read our other legal articles for more helpful advice!
When to Call a Personal Injury Lawyer
Wondering if you should hire a personal injury lawyer for your personal injury case? Looking for a reliable personal injury law firm?
If you’ve been involved in a car accident or another type of accident and have sustained a personal injury, it’s essential that you get the compensation you deserve. Unfortunately, this can be hard to do without a personal injury lawyer on your side.
If you’re wondering if you should call a personal injury lawyer, read on. Here are a few situations in which you should hire a personal injury lawyer.
1. You’ve Been Severely Injured
One of the clear signs that you need to hire a personal injury lawyer is if you have sustained a severe bodily injury of some kind.
With a serious injury, high costs can be involved. It will be important to document financial damages and ensure you receive adequate reimbursement. An attorney can help you file for compensation and ensure that you get the reimbursement you need.
Costs can be high when you have a severe injury, so hiring a lawyer can be well worth it.
2. You’re Not Sure How Much Your Claim is Worth
Another reason you may want to contact a personal injury lawyer is if you have a hard time determining how much your personal injury claim should be worth.
Damages will include more than just medical bills, but will also include other expenses that were a result of your injury. Costs could include lost wages, travel expenses, in-home healthcare, or physical therapy.
A lawyer can help you determine the value of your personal injury claim and can help you get the maximum amount.
3. An Insurance Company Has Become a Challenge
If an insurance company doesn’t do its job and acts in bad faith, then it may also be necessary to hire a personal injury attorney to help. The at-fault insurance company should meet their responsibilities, and if they don’t, you have reason to complain.
If an insurance company fails to investigate claims, provides false or misleading information, changes policy terms, or refuses to pay a valid claim, it could mean that they’re acting in bad faith. In this case, you should get a lawyer involved to ensure that you get the compensation you deserve.
4. You’re Being Wrongfully Blamed
If you’re being blamed for causing a car accident or for sustaining a personal injury when it wasn’t your fault, you may need a lawyer. Sometimes the other party’s insurance company or defense lawyer will blame you for all or part of the injury, potentially leading to your receiving reduced compensation.
If untrue statements have been made about your part in an accident, a personal injury attorney can fight on your behalf.
5. The Case is Complex
The more complex your personal injury case is, the more helpful it can be to get a personal injury lawyer to help you with it.
A product liability claim, for example, or a case involving the government can both be more complicated than a car accident case will be. Different laws and rules will come into play with these cases, so you’ll want to hire a lawyer to help with them.
Making the Choice to Hire a Personal Injury Lawyer
If you’ve gotten involved in an accident and have sustained injuries, it’s well worth hiring a personal injury lawyer. A personal injury lawyer will be on your side and will help ensure that you get the compensation that you deserve for your injuries.
In search of more helpful advice and guidance? Browse our blog now to discover more useful tips.
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