Family Law And The Desirable Attributes In A Family Attorney

Family law is an overarching term that be used to describe all legal discussions related to issues that come up with a family and have reached a point where a legal resolution is the only way out. Family issues that come under family law are issues such as marriages that have reached their end point, live in relationships that are going down, legally disowning a family member and so on.

Other issues that also come under the family lawyers are issues related to child custody, which almost always gets to be its own big discussion because it usually involves two people who are separated but need to share a person. It is fairly complicated!

Family Lawyers

Family lawyers will vouch for the fact that family cases can get downright complicated and long winding because two people who were formerly inseparable have decided go separate ways. Obviously, during the course of the relationship both the parties involved would have achieved a lot of things, suddenly an argument is being made as to what belongs to whom, who gets what and why? Putting it as simply as possible, there isn't a straight forward solution to any of this.

This is why choosing a good divorce lawyer is very important. When a person walks into a family lawyer's office, he or she is under a tremendous amount of emotional stress. So, the chosen lawyer must be in a position to appreciate and understand that and interact accordingly. The divorce lawyer should be able to understand that he is going to be involved with clients who are emotionally drained and yet give solid legal and sensible advice. That means one has to choose divorce lawyers who can be sensitive but also act logically under the circumstances.

Avoiding Pretend Family Lawyers

Probably the most expected characteristic of a legal representative is that he or she is not judgmental. Whenever there is a family issue, there are a lot of things that a client would be sharing with his lawyer and the last thing they want is for their own family lawyer to pass judgment on what they have done or did not do! If that does happen, the client is going to be horrified and the chances are pretty good that the lawyer is going to be out of business. So, having a neutral lawyer is very important for the client-lawyer relationship to go ahead.

If you are looking to engage the best divorce lawyers among all lawyers, or looking for an employment solicitor find them at DJP solicitors, the best lawyers in Edinburgh.

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How To Find The Best Family Law Firm

Hiring a family lawyer may not be on your mind right now because currently you have a happy life and your relationship with your spouse and children are intact. Not because family law firms are usually hired whenever there are legal bouts among relatives, it is a good idea to look for one right now while there are no problems and headaches to tackle.

A family lawyer is not just someone who can assist you during a tough time in your family life or whenever you need representation for a business and professional reasons. Establishing a good rapport on a professional level is important for any lawyer who's growing his clientele. So, his reputation is at stake here, because he is expected to help clients who need advice and guidance when a familiar crisis strikes.

Apart from building a good relationship with your lawyer, it is essential that he has the knowledge and expertise. Passing the licensure exam and graduating from a good university are among the many requisites of being a lawyer in various fields. A good reputation is also important since this will reflect his and his firm's professionalism.

If you are still searching for that one counselor who can help you with your legal needs, it is best to ask around first. A first-hand experience from a friend or relative will be best. Often times, when a family lawyer is highly reputable and has great rapport with almost any type of client, chances are he will be recommended by former and existing clients to new ones. The adage "what's in a name?" can be applied here. Just ask around for the person with the last name "Smith" and surely people will tell you who he is and what he does for a living.

If you don't get the chance to sit and chat with your relatives or friends, the World Wide Web is your next best solution to finding a family lawyer. You should search for one locally, specifically within your city, so you can give the firm a call or visit their office personally. While you are browsing the web, you can also do background checks on a couple of names you have jotted down. It is also ideal to check their official websites or blogs to get more information about them. You may also ask for recommendations from your local council or someone who works at the mayor's office. It is likely that you will find someone who knows a practicing lawyer within your city.

Finding a good family law firm Sydney will get you the best legal service when you need it. Find out more about family lawyers and the scope of their services by visiting Clinch Long Letherbarrow.

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Could Bankruptcy Be Used As a Tool of Spite in Divorce?

It seems incredible to think that anyone would make themselves bankrupt just so as to spite their ex-wife or husband but that possibility may arise in the future, depending on the outcome of a current UK case.

Bankruptcy should never be considered an easy option, as it will leave the bankrupt not only losing any assets and having to start again, but it's implications will continue also for some years in terms of ability to borrow money, employment prospects and so on. However, in the UK, compared to many other jurisdictions, the period of bankruptcy, being only 1 year for most bankrupts, is a relatively short period.

The general rule with bankruptcy is that it wipes the slate clean of all existing debts, but there are just a few exceptions, and one of these relates to family proceedings financial orders.

In the relevant case now before the English Courts the ex-husband still owes his ex-wife several hundred thousand pounds and his argument is that whilst his bankruptcy ended several years ago, there is a very low prospect that he will be in a position to pay off the amount owed in the foreseeable future. He argues that if he is forced to give his ex-wife money, this will be at the expense of other outgoings he has, which in turn could result in him being made bankrupt again.

This is clearly an important and very difficult issue to resolve and one which, to an extent, is one of public policy as well as law. On the one hand it may be a case of "you can't get blood out of a stone" and goes against the principle that after bankruptcy the bankrupt gets a fresh start. On the other hand, opening up the possibility of avoiding making a lump sum payment to an ex-spouse where there is potential malice could be seen as an option by some husbands or wives, even perhaps if they are not objectively insolvent.

With bankruptcy, it is open to an individual to seek to declare themselves bankrupt in addition to a bankruptcy petition being issued by one or more creditors. If the courts decide that bankruptcy might nullify lump sum debts to ex-spouses, we could also face the bizarre possibility of bankruptcy being contested by a spouse on the basis that the individual claiming to be unable to pay his or her debts can in fact pay those debts and should not be considered insolvent.

For additional advice from darlingtons about any divorce legal issue contact James Swede, our managing Parner and author of this article.

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Hiring the Right Divorce Lawyer

When you find yourself in a situation where you no longer wish to be married to your partner, it can be quite difficult to move on. Going through a divorce is rarely an easy thing to do, especially when you have so many conflicting feelings getting in the way of you making the decision. This is not a time for you to make quick decisions, and you could certainly use a bit of help from friends or family with caring counsel to offer. At the same time, nobody knows your situation better than you, and if you truly feel that it is the right time to divorce, then you should feel free to do so.

The divorce process can be quite complicated and there are a wide variety of legal issues that may need to be addressed, such as the number of possessions that each party will end up receiving once the divorce papers are signed. Along the way it can definitely be helpful to have a good divorce attorney or lawyer to help you out. There are many lawyers out there that are very specialized in divorce cases and may be able to help you reach a favorable settlement.

If you have been married for a very long time there is the possibility that you may have some disagreements with your partner about who will end up with custody of the children and other financial issues will likely need to be resolved too. Going through the divorce process without really having a good idea how the legal system works will not work in your favor, especially in the event that your partner has a lawyer. You will definitely want to do your best to make sure that you have all of the legal help you can get during this trying time.

Of course, it can take time to find a good lawyer that you trust and who will offer you their services are a reasonable price. A divorce lawyer can sometimes charge very high rates, and this is why it is important to take all the time that you need to choose one carefully. If you do this you will not end up being disappointed with the level of service that you get, and at the same time you will not have to worry about going broke getting it.

If you have never had to hire a divorce lawyer in the past then you should take the time to do a localized online search in your area and see how many have their web sites already set up online. It should not be too difficult for you to find a lawyer, and then all you have to do is call in to the law firm and let them know your situation. If you feel like it you can always go ahead and keep searching until you find the firm that you feel would be best able to handle your specific case at a price that you are completely comfortable with paying.

Certified divorce law firms handle delicate issues like divorces in a very professional and discrete manner. Visit this website to know more.

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QDROs to Create a Lien and Enforce Divorce Obligations

I am a family law attorney, also known as a divorce lawyer. I recently had a discussion with Mr. Robert Treat of QDRO Express regarding an interesting and novel way of using a Qualified Domestic Relations Order (QDRO) that he proposed.

Typically a QDRO is used to divide a qualified retirement plan when parties get divorced. Retirement plans, even though named or earned through the employment of one spouse, are considered marital property to be divided. Typically they are divided equally by the parties. In order to divide the plans, the court will enter a QDRO which then goes to the plan administrator who will then essentially create two separate accounts, one for the employee spouse, typically called the participant, and one for the other spouse, typically called the alternate payee.

The Issue

May a court or a family law attorney use a QDRO to create a lien on the participant or alternate payee spouse's share of the retirement to enforce a financial obligation owed as a result of the divorce judgment?

The Answer

The standard answer would be no, one cannot create a lien against a person's qualified retirement plan or benefits. However, that is not really true. In the case of a divorce the QDRO can be used in this manner to enforce such an obligation.

The best way to discuss this is probably to use an example. Say that a spouse is ordered to assume a credit card debt of $20,000 that is jointly titled in the name of both parties, call that spouse the "paying" or "obligor" spouse. The obligor spouse is ordered to pay that within three (3) years of the divorce. However, given the lack of trust on the part of the other spouse (non-paying spouse or recipient), he or she is rather concerned that the other spouse will not pay the bill or file for bankruptcy. I know, hard to imagine that there is a lack of trust between parties going through a divorce.

If the obligor spouse does not pay or files for bankruptcy, then the credit card company has the right to seek payment from the non-paying spouse and will probably sue the non-paying spouse for the balance of the debt, plus interest and attorney fees. The credit card company is not bound by the judgment of divorce and in the case of a bankruptcy the recipient spouse may have no recourse against the obligor spouse.

One innovative way to protect the recipient spouse is to use a QDRO to create a lien against the obligor spouse's share of the retirement accounts after it has been divided by the original QDRO. That is to say, first use a QDRO to split the retirement account into two separate accounts and then use a second QDRO (authorized by the judgment of divorce) to create a lien against the obligor spouse's separate share of the original retirement account.

This can be done because the QDRO is issued incident to a divorce judgment or separation agreement and therefore it is an exception to the rule that one may not create a lien against such an account. The family law attorney, divorce lawyer, would have to indicate in the judgment that the recipient spouse should have a lien against the obligor spouse's share of the retirement accounts that may be accomplished through the use of a QDRO.

The language of the judgment and the QDRO should be specific. In this example, one would indicate that the non-paying spouse has a lien and security interest in the obligor spouse's share of the retirement account to secure payment as well as any interest and penalties within three (3) years from the date of the judgment of divorce (use the actual date). This is the language that is the mechanism by which the lien is created.

If the obloigor spouse has not paid that amount in full within three (3) years, the non-paying spouse may request that the family law court issue an order that the paying spouse has defaulted and said order shall include the amount that is in default. It should indicate what the non-paying spouse must provide the court to obtain this order and that the court shall issue the order immediately upon this proof being provided to the court. The non-paying spouse then sends this order to the plan administrator and the plan transfers the proper amount to the non-paying spouse out of the paying spouse's share of the retirement benefits.

Finally, the judgment should contain a release clause for when the lien created by the QDRO will be released so that the paying spouse may start withdrawing funds from his or her share of the retirement accounts.

Summation

This approach works on many different levels. If the paying spouse files for bankruptcy, then most likely the lien will not be discharged in bankruptcy. The paying spouse cannot take a loan against the account in the meantime nor withdraw funds from the account. The non-paying spouse does not have to seek to collect from whatever remaining assets the paying spouse has left to indemnify the non-paying spouse for this debt. Finally, it streamlines the process for the non-paying spouse to obtain relief in these all too common situations. This can also be used to secure spousal support (alimony) payments, child support obligations or any other type of financial obligation that might be created in a judgment of divorce.

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The Basics of Divorce Law

Many unhappy married couples file for divorce. Requesting divorce is the simplest proceeding, but the process takes time and involves some complex legal procedures. Additionally, the battle is not something to undertake by oneself. The right approach is to seek consultation from an attorney that specializes in divorce and family law by profession. Whoever a client sees fit to represent them; he or she should be intellectually efficient and experienced enough to litigate the findings.

With the legal industry, overwhelmed with many competitive lawyers that own to this area of expertise; it is sensible to evaluate the preferred representatives tactically. This is to caution your choices and give assurance that your choice is right. Before discussing the pressing concerns; let's define divorce to give the audience clarity.

Divorce defines marital dissolution. This involves legal arrangements to end a marriage and often requires a court hearing. On the contrary, partners have other alternatives to settle their marital disputes through mediation with a qualified divorce lawyer. This option is inexpensive and convenient, but the clients make their choice accordingly. Depending on the proceedings undertaken, a divorce lawsuit either belongs to the uncontested or contested category. Both categories own to how well the partners agree on the recommended options. In the event, a partner decides not to settle, this is a contested divorce, whereas an uncontested divorce involves both parties agreeing to all the proposed terms. In some cases, partners agree to legal separation, before dissolving a marriage. This ends the cohabitation rights; however, the marital status remains, until future reassessment.

Is Filing for Divorce an Option?

Although, filing for divorce seems rational, when a married couple has marital issues, it is not always conclusive. As such, retaining the services of a certified family law and divorce litigation expert, is a necessary step to consider. Goodness stems from proper counseling, and the chance of saving your marriage is astronomical. A legal counselor knows how to revive the essence of broken marriages, supporting the things that bond both parties together to highlight the purpose of them joining.This is not always the outcome, but your attorney is knowledgeable and knows how to determine if your marriage is worth saving or not. Some partners require guidance forpressing matters that demand a tactical approach to conclude. In such an event, a court trial is necessary. When filing for divorce, your legal representative is aware of the proceedings and should brief clients on the filing process. Additionally, the divorce attorney also prepares the essential documents to litigate your reason(s) to divorce in the courtroom.

James Allen is the author of this article. For more information about attorney in Baton Rouge please visit http://beallthies.com/about/divorce-attorney/

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Florida Divorce: How Do I Serve My Papers?

There are two ways serving a petition can be accomplished.

First, the most common way to serve a divorce petition is by "personal service." Personal service does not mean simply hand delivering or mailing the petition to the other party, you either have to use a private process server or go through the sheriff's office. For a petitioner to be able to use a personal service, they must know where the other party is located. With that knowledge, a process server can be sent to deliver the paperwork. Once the papers are served, the process server registers how the delivery was made, the date and the time, by a "certificate of service."

An example would be for the process server to hand the paperwork either to a co-resident who is over 15 years of age or the person themselves. The date must be on the certificate of service in order for the twenty day count to begin for the respondent to answer. If no answer is received, the respondent is held in "default" and the proceedings continue without them. If the location of one party is unknown, or they are evading the service on purpose, you have the option of applying for a "constructive service" or a "service by publication." For this to be made possible, an "Affidavit of Diligent Search and Inquiry" or Form 12913(b) must be filled out. BE CAREFUL that you fill out the correct form as there are two labeled "diligent search." The "Affidavit of Diligent Search" Form 12913(c), is used in cases where the rights of the legal father may be terminated, such as private adoption or step-parent. Once the Form 12913(b) is filled out, the process of publication can proceed.

Florida Statutes §49.011(4).

A "publication of notice" is the next step in the process and in a requirement that must show as an ad in the newspaper of the county where the case is pending. If a father's legal rights are at issue, the ad must also appear in the county of the father's last known residence. For more information, check the Florida Family Law Rule of Procedure 12.080. The following information must be contained in this Notice of Action: The nature of the proceeding, Names of both parties, Court in which the action was filed and a description of real property, if any, proceeded against.

Florida Statutes §49.08.

According to this statute, the notice ad must run for four consecutive weeks. In addition, the clerk of court simultaneously post the notice at the courthouse as well as mailing a copy to the respondent's last known address.

Florida Statutes §49.10.

In case your county does not have a newspaper, the provisions in Chapter 49, which says that after the four week period is over, proof of the ad must be provided by you by filing a copy in the Court file. Once that is done, you may request the proceedings continue.

Theodore Rechel is the primary Attorney at Rechel & Associates, P.A. a full service Divorce and Family Law Firm in Tampa focusing on divorce, custody, visitation, child support, alimony and all other divorce and family law services.

For more information on this Tampa Divorce Attorney visit http://tampabaylawyers.com

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