Hat Tip – Article on Working With Family Law Attorney

By on Feb 26, 2013 in Lawyer

The Family Law Prof Blog deserves some props for posting this great article on how a divorce client can get a handle on working with their divorce attorney.  Going through a divorce is no fun and neither is working with a divorce lawyer. But if you don’t keep your head and manage to stay on top of the project (yes, that is right I called your divorce a project) things can spiral out of control in a hurry.  And by spiral out of control I am talking about everything from costs of litigation, to turning your bad relationship with your ex into a horrible relationship, and (worst of all) causing undue stress and pain for your children.

Take a look at the article here and let me know if you have anything you would like to add by commenting below.

Preventing Divorce from Ruining Your Credit Report

By on Feb 18, 2013 in Attorney, Divorce

Ideally, struggling financially because of divorce should never happen. However, there are unfortunate instances wherein your own credit report is ruined because your ex- spouse had a poor credit history. On the other hand, if every individual’s financial responsibilities are clearly described in the divorce decree, you can actually use it as supporting document to dispute any negative information on your credit report. The essential step that you should take is to identify the information that needs to be corrected and file your disputes.

First and foremost, you have to request from the three major credit bureaus namely Experian, Equifax and TransUnion a copy of your credit report. It is compulsory that these credit bureaus provide you every year with a free copy of your credit report once you request for it. You can access their official website in order to get this report.

You should look at your credit report meticulously once you acquired a copy of it. Your credit report includes instructions for you to comprehend the special symbols utilized by the credit agencies.   As you examine your credit report, try to seek erroneous information related to the divorce. List down or record any negative entries that should belong solely to your former spouse.  You should also take note of any negative legal judgments that are only related to your ex-spouse.

If you find any negative data on your credit reports that are divorce-related, you have to file a dispute for it. You can obtain a form from the credit bureaus online when you file a report. The reasons why you perceive the information as erroneous should be clearly explained.  You must back it up with information from your divorce decree.

When you challenge the preciseness of a specific entry, it must be investigated by the credit bureau within 30 business days. If the credit bureau finds the disputed information as indeed erroneous, it must be erased immediately from your credit history. Similarly, if the credit bureaus cannot verify the accuracy of the information, it must also be taken off your credit report.

In the event that the credit agency refuses to remove negative information that is divorce-related, you can submit a consumer statement along with your file to explain why you think the information is not accurate.  You can also include documents to support your claim. Once you apply for a new account, lenders can see the event that happened and can consider your plight.

It is an effective measure to dispute the credit bureaus about erroneous information on your credit report.  Because of the demanding schedule of credit agencies, they may not be able to verify the challenged information within the time limit and they are left with no option but to remove it. In addition, creditors usually fail to respond on time when credit bureaus get in touch with them to verify the challenged information. As a result, they will just clear your credit record from the said erroneous entry.

These are great tips on preventing divorce from ruining your credit report. There are other steps you can take prior to divorce. Here are essential steps you should know before filing a divorce.

Preparing for Mediation in a Family Law Case

By on Dec 16, 2012 in Family Law, Lawyer

Mediation tales place when two people sit down with a neutral third party in an effort to resolve conflicts. Every individual has been through mediation in one way or another. Think about the last time you helped family members or friends to reconcile. Your role was that of a mediator. Several courts are now utilizing mediation as a strategy to help family members resolve disputes without judicial intervention. Here are some tips to guide you so that you can better prepare for mediation in a family law case.

Try to get legal consultation with a family law attorney for free or at a low cost. You can find these family law attorneys by searching through the phone book, yellow pages or contacting your local bar association. You should also try to contact nonprofit legal aid providers. There are websites on the internet that allow you to research nonprofit legal aid providers by state.

You should do a research about what your state will require you to prove or disprove if the mediation is not successful. You can start your research by going to your local law library or doing an online research. There are legal aid providers that have websites which provide legal guidelines on a wide variety of topics.

You need to prepare a clear presentation of what happened and how you feel about it. Most people go to mediation and begin talking about everything that went wrong during the relationship. It is important to focus on your legal concerns alone.

Preparing yourself emotionally is also vital. Family matters are emotional issues. Do not become so engrossed with your emotions that you lose sight of what is best for the family particularly the children.

Maintain your composure. Most people shut down mentally or explode emotionally when another person begins to yell or show an attitude. Keep in mind that you should not become so emotionally charged because you may cause the other party to shut down or explode. At the same time, do not use your knowledge about your spouse to force them to shut down or explode.

It is important to understand what mediation is. Mediation is a method for you and the other party to achieve a decision that is mutually satisfying. If you and your former spouse cannot reach an agreement on child custody or visitation, the judge will have to decide about this. You must ponder whether you really want a stranger to determine what is best for you and your family.

If there is a history of physical, mental or emotional abuse, you must notify the mediator in private. You should not allow yourself to be threatened into agreeing to something that is harmful to you or your child.

Keep in mind that mediation is not the time for you to try to get everything that you want. You have to compromise so be prepared to give and take.

It is best to have a family law attorney to represent you in legal proceedings. Although these tips may help you prepare for a court case without a lawyer, it is not meant to replace the services of an attorney. Consult a family lawyer so that you can make informed decisions about your case.

Filing for Legal Separation

By on Nov 18, 2012 in Divorce

A legal separation is a court decree that enables a married couple to live apart with the same rights and responsibilities as a divorced couple without the two parties actually obtaining a divorce. In actuality, the couple remains legally married but they no longer live under one roof. They may also request child support, alimony and the legal division of property. However, under legal separation, neither spouse is legally allowed to remarry.

In some states, a couple is required to file a legal separation before being able to file for a divorce. In other circumstances, a couple chooses a legal separation either to avoid the stigma related to divorce or to allow time for counseling that may lead to reconciliation. Some opt to have a legal separation instead of a divorce because of their religious beliefs.

A couple must petition the court to recognize the separation to be considered legally separated. Here are the steps in order to file for a legal separation.

First, you need to secure the services of a competent lawyer. Although you may choose to file the separation papers on your own, it may be prudent to seek the assistance of an attorney in order to make sure all your bases are covered. After all, a legal separation is an agreement that is legally binding. Another option that you may do is to draw up the paperwork yourself or purchase an affordable do-it-yourself legal kit.

Next, be sure to meet the residency requirements for your state. It is important to keep in mind that every state is different. You should visit the website of your state court for you to find out what the requirements are on the area where you live.

When filing paperwork, include provisions for custody and visitation if there are any minor children involved, child support and possible alimony, equitable division of any joint property and who will be accountable for any current debts. Make sure to work out all the pertinent details of your legal separation because aside from the fact that it is legally binding, it can also dictate the divorce decree if ever the separation progresses into a divorce in particular instances.

After filing the petition for legal separation with the court, have the petition served on your spouse. This applies unless you are jointly filing for the legal separation. After the service, the spouse will only have a limited amount of time to respond to the petition.

Do not forget to notarize the agreement. If both spouses agree to the terms of the legal separation, it is necessary to have the agreement notarized with signatures of both spouses. If one party contests or disputes the separation, a judge will need to make the final decisions about the separation in court.

It is ideal if the terms of the legal separation can be amicably agreed upon by both parties. You should try your best to be reasonable and fair in negotiating the terms of the separation so that you may prevent further conflicts for you and your spouse as well as your children.

Click on the following link to get more tips on filing for a legal separation. This tips will help you understand more than just the basics of legal separation.

Legal Separation Divorce

By on Oct 26, 2012 in Family Law

A legal separation is an alternative to divorce for a couple who have decided to live separately but does not want to end the marriage. The will only be legally separated once they petition the court to recognize their separation. This is because a couple living apart does not establish a legal separation. All states in America recognize legal documentation of a separation, except in Florida, Mississippi, Georgia, Pennsylvania, Texas, and Delaware.

A separation settlement is a legal and written document that is signed by both parties, in which details such as the spousal support, the child support, and the living arrangements are included. Some states require a legal advice to make the separation settlement legal and valid. A lawyer is qualified to make an application to the court in order for a judge to sign the agreement. It is very important to have your separation recognized by the court, so that you will have the legal protection in the event that your spouse decides not to follow the agreement. Coming to an agreement with your spouse without making it court ordered would be pointless if worse comes to worst.

If you are the one moving out, make sure to remove your name from any rental leases. This is to avoid any complication and you don’t want to be held accountable in case your spouse doesn’t pay the rent. Then, have your mails forwarded to your new address. Just have your name removed from the accounts that you don’t want to be responsible of. Furthermore, secure copies of all the income tax records at least for the past six years, because any tax owned is still your responsibility since the State and Federal tax agencies are not involved to your marital separation and divorce.

If your spouse doesn’t agree to have your name removed, it is better to put a freeze on all your joint accounts. You are still legally responsible if the accounts are both in your name and your spouse’s, even if you are already living separately.

It is also common for a divorce judgment to give the separated spouses the personal property that is their possession. If you have left some important things with your spouse during separation, you can specify in your separation settlement that those things should be given to you if you finally agree to divorce.

Some people prefer to have a legal separation instead of a divorce so that they can maintain the insurance coverage. In such situation, carefully check the policy language because there are some insurance companies that have a policy that may result in the coverage to fail due to a legal separation. It is your duty to make it certain that you are still covered. This is not that thing to be taken for granted.

It would be wise on your part to consult an accountant regarding the pension accounts and retirement benefits. It is for your own best interest to meet all the needed legal requirements on such plans and benefits.

Knowing the Law for Family Issues

By on Sep 23, 2012 in Divorce, Lawyer

Knowing the Law for Family Issues

Dealing with family issues is not just an emotional ordeal. Most of the time, it is a legal burden especially if you are not knowledgeable about family laws. Family law pertains to the rules that involve the affairs of the family which include laws relating to adoption, child custody, child support, child visitation, divorce, domestic violence, premarital agreements, spousal support, and other family issues. Here are the most common aspects of family law that you need to know for you to be prepared in dealing with a family law case.

Marriage

Marriage is not only a romantic union a legal and business agreement. Because of the nature of marriage, it may be wise to consult with a family law attorney about the advantages of getting premarital and prenuptial agreements. Several couples find it beneficial to negotiate and settle financial issues and the possible problems such issues can cause before entering into a marriage.

Divorce

Divorce dissolves a marriage contract between two spouses. From a legal viewpoint, divorce restores a person’s right to marry another person. Divorce laws also determine division of marital property and debts as well as support and custody of the children. Although each state addresses these issues in a different way, most states follow the same basic principles of divorce and use fairly consistent standards.

Divorcing couples can usually obtain a divorce in a quick manner if they reach an agreement on resolving different issues of the divorce such as child support, custody and property division. However, most couples still cannot avoid having disputes about their financial arrangements and the custody of their children. Thus, the reasonable advice of a family law attorney may have a positive impact on the outcome of your divorce.

Child Custody and Visitation

Often, child custody and visitation arrangements after divorce are common sources of conflict for divorcing couples. Child custody deals with both physical custody and legal custody. Physical custody implies assigning parental rights and responsibilities to one parent concerning the day-to-day care and activities of the children. Legal custody entails assigning the legal rights and responsibilities concerned with the child’s upbringing.

Parents can settle negotiations regarding child custody and visitation. However, if they are not able to reach an agreement, the court makes decisions for them. In general, the courts award child custody by determining where it will be most convenient for the children and where they will thrive. Parents can be able to deal with child custody and visitation agreements that focus on the children’s best interests by getting the assistance of a family law attorney.

Child Support

Usually, the obligation of parents to financially support their children lasts until the child reaches 18 or 21 years old depending on state law or when they become self-supporting. A child support order may be entered during or after a divorce and either parent may be ordered to pay child support depending on certain factors.

A parent may face legal penalties if he or she fails to be current on his or her child support obligations. Every state has a child support enforcement office that works with the family court to suspend professional or business licenses, require payment of future dues in advance or put a non-paying parent in prison when child support obligations are already overdue.

Family issues may cause a number of legal effects. Therefore, you need a family law attorney to explain the family laws that apply to your particular situation and guide you to make the best decisions for you and your family.

There is another post that relates to the understanding the laws for family issues during divorce.

Finding a Family Law Attorney in Philadelphia

By on Aug 26, 2012 in Attorney, Family Law

If you have concerns involving family relations and disputes, hiring a family law attorney may be the most effective way to be able to work on your case with objectivity and with paramount sensitivity. Philadelphia family law attorneys typically handle cases related to child custody, child support, domestic violence, divorce, paternity, legal separation, domestic partnership, visitation rights and other family law issues. However, it is essential to know what to expect from a good family law attorney before hiring his or her services.

Dealing with family law issues can be stressful and hard to cope with especially when a family is uncertain about how to approach new changes that may affect them for the rest of their lives. Philadelphia lawyers whose work focus on family issues are the ones most familiar with family laws in Philadelphia and are used to communicating with a broad range of ages including minor children.

Family attorneys in Philadelphia provide clarification of laws that may be unclear to you or inform you about laws that may have changed. They also willingly cater to the individual requests and preferences of their clients during the process. A good family law attorney is able to maintain a secure hold on the organization and dealings of the case when a client feels that the case is out of control.

Philadelphia family law attorneys are aware that their focus revolves around family concerns, from births and adoption proceedings to the elusiveness of a complicated divorce lawsuit. No matter what your specific issue may be, family law attorneys in Philadelphia are always available to help you be well-informed about your rights and the effective ways to ascertain optimum security, comfort, and well being. They are accustomed to deal with even with the most complex situations and most diverse needs of the residents of Philadelphia.

A good family law attorney has the ability to sympathize with the situation and needs of the clients, aims for resolution and suggest options that is time-conscious while considering other alternative choices. The primary concern and ultimate purpose of Philadelphia family law attorneys is to guarantee satisfaction of the clients.

The most essential part of maintaining a stable partnership with a family law attorney is to always keep in touch with him or her. You should share with your family lawyer any new developments at home, restructured plans or requests as soon as possible to prevent confusion or delay. Your family law attorney is also expected to contact you with updates on the case and the next possible legal moves to make.

If you want to get the services of a family law attorney in Philadelphia, visiting the internet or browsing newspapers based in the Philadelphia area is a convenient and helpful way to search for family law attorneys within your vicinity that are experienced, good-natured, and has a good reputation of solving family law cases without any disarray. Your co-workers and employers are also possible sources for you to locate the right family law attorney.

The following link leads to more tips and advice you should know when hiring a divorce attorney for your case.

Guidelines to Winning Child Custody

By on Jul 25, 2012 in Attorney, Family Law

Guidelines to Winning Child Custody

In recent years, child custody cases have become much more dissected by the courts. What used to be an easy win for the mother or primary bread winner has turned into an extreme deliberation process with no definite result. Because of this, it has become essential for parents to focus on having adequate preparation before their custody hearing. Here are some important steps to get started in the right direction.

Choose the Right Attorney

Hiring an experienced legal attorney is the most vital investment you will make with your child custody case.  Thus, you should not just open the phone book and call the biggest ad. Find an attorney who has a number of references of winning custody cases similar to yours. You should also search for someone who has worked with your judge in the past. Another industry standard to look for is an attorney who is a Certified Family Law Specialist.

Organize Your Finances

Financial stability will have an important role in your case.  Therefore, you need to have all of your financial records organized. The courts will likely require you to present pay stubs, bank statements and investment reports. You can present yourself as an organized and viable candidate for custody consideration if you have all this information at hand.

Monitor Child Care Costs

Keep in mind that the better you will fare in the legal proceedings if you know more about the daily needs of your child. Start a log early in the process and keep track of all relevant costs related to raising your child. Some of the expenses you should be tracking are food, clothing, health care, and child care. Aside from the fact that this information will show your concern for your child’s welfare, it will also be utilized to determine the amount of child support payments of your spouse.

Clean Up Your Past

Drug use, infidelity, and unemployment are all negative factors that could hurt your chances for child custody. While there is little you can do about the past, the court always looks favorably on individuals who are trying to fix their past issues. Thus, it is an immediate priority to clean up your history. You will have to prove to the judge that you are exerting effort to correct the mistakes you have made in your life.

Gather Evidences

Just as your past can hurt you, the past of your spouse can be manipulated to your benefit. Although it may seem hostile to openly expose the secrets of your spouse, it is in the best interest of your children for the judge to know all of the conditions surrounding your separation. The key to substantiating your claims is proper documentation so make certain you gather evidence before making any accusations.

The entire hearing process on child custody has become more detailed and often includes outside mediators to assist the judge. The best chance to win your child custody case is to be prepared and organized.

To get more information about filing a divorce with child custody, you must follow the article link.

Co-Parenting Always in the Child’s Best Interest?

By on Jul 18, 2012 in Divorce, Family Law

Co-Parenting Always in the Child’s Best Interest?

I ran across this blog post today that really annoyed me.  The premise of the article is that co-parenting is always in the children’s best interest and that parents who get divorced and don’t at least try to co-parent are doing there kids a grave disservice and are bad parents.  The post is here.

My problem with the article is that while co-parenting is certainly the best case scenario for the kids, it is simply not possible in every case.  Sometimes your ex is such a crazy psycho that co-parenting is out of the question.  When ever communication with your ex makes you want to scream, cry or break something, it isn’t always that there is something wrong with you.  Sometimes what that means is that you are dealing with a psychopath and any normal person would have that reaction.

Take a look at the post and let me know what you think below.