Entries in the 'Divorce Settlements' Category ↓

A bitter divorce brings out the worst in everyone, except a professional and experienced divorce attorney. Divorce settlements include negotiations for child custody and support, visitation, spousal maintenance, debt division, and distribution of assets. If the parties are in agreement about the divorce and child-related issues, it is possible that a mediator can facilitate a settlement without going to court. Family lawyers also handle other matters affecting family relationships including pre-nuptial agreements, annulments, and military divorce.

If you plan to file divorce in Salem, Keizer or the Willamette Valley, an experienced Salem divorce law firm can help you address legal questions and possible disputes that could arise between you and your spouse:

• Property division: if an agreement cannot be reached between spouses, then the court will divide the property equitably and without regard to fault.
• Spousal support: if spouses are unable to reach an agreement, a court may specify the terms of spousal support (alimony) based on factors such as the length of the marriage and the financial needs of each spouse. Fault for divorce is not a factor.
• Child custody and visitation: the court bases its custody decision on the best interests of the child and involves considerations such as emotional ties of child and parent and whether any spousal abuse has occurred. Gender is not considered a factor by the court.
• Child support: both parents are expected to contribute child support in proportion to their relative incomes

The State of Oregon favors marital settlement agreements. And for couples attempting to reach agreements outside of court, an experienced Salem divorce attorney should be able to represent one of the parties in crafting just such a Salem settlement agreement.

What to Look For When Searching for a Family Law Attorney

If you are trying to find a West Palm Beach family law attorney to help you with your legal situation, it’s important you know the good qualities and qualifications that a law firm should have. Family law is an area involving complex matters relating to child custody and support, marriage separation and divorce. Attorneys who practice family law deal first-hand with their clients’ personal family issues and it’s essential that you find a lawyer you believe is fit to work with you and who you feel comfortable with.

When searching for a family law firm, it’s important to consider a number of factors. Here are some things you should take into account should you find yourself having difficulty finding the right West Palm Beach lawyer for you.

• Make sure to thoroughly research local family law firms in the area. It’s always beneficial to find a law firm located close to where you live to ensure you experience the most availability from your attorney.

• It’s extremely necessary to find a firm that has extensive litigation experience in the area of family law.

• Try to determine how much personal attention the law firm can give to you and your specific case. Often times if you hire an attorney who is a part of a very large firm, the likelihood of him or her having many cases other than yours to follow is high, thus giving les personal attention to you.

• Find out the law firm’s case record. It’s important to understand how successful the attorneys of that firm have been in the courtroom. The more case wins a firm has on record, the more valuable that legal representation for your family law case will be.

• Find a firm that you feel fits right for your situation. It’s important to work with a lawyer you feel comfortable enough with to work through the many stages of your case.

If you are looking for a law firm in West Palm Beach, contact the attorneys at Plasencia & Associates – we provide the experienced and personalized legal service you need.

This article was provided by:

Plasencia & Associates

http://www.plasencialawfirm.com

Suite 100,4 Harvard Circle,
West Palm Beach,Florida 33409
877-821-9365

Calculating Child Support in Florida

If two parents cannot reach a sensible agreement on a child support amount in a West Palm Beach child custody case, the court will determine an amount using the support guidelines located in Florida statutes. Child support is calculated using Florida Statute 61.30, which states that certain child support guidelines are taken into consideration when determining the amount of child support to be ordered. These guidelines are largely based on the income of each parent.

How Child Support is Calculated

To start, each parent’s net income (his or her gross amount of income minus allowable deductions) is determined.

A parent’s gross income includes:

• Salary or wages
• Disability benefits
• Bonuses and other commissions
• Unemployment compensation
• Pension, retirement and social security benefits
• Income from trusts, estates or royalties
• Reimbursed expenses

Allowable deductions from gross income include:

• Federal, state and local income tax deductions
• Mandatory retirement payments
• Health insurance payments
• Self-employment tax or federal insurance contributions

In accordance with Florida law, both parents’ net income is then added together and the fundamental child support amount is determined using a specific Florida Child Support Guidelines Worksheet (which can be found in the Florida Family Law Rules of Procedure Form -  http://flcourts.org/gen_public/family/forms_rules/902b.pdf).

The amount of child support that one parent must pay to another parent is determined by the Florida Child Support Guidelines, and it’s important you are familiar with these guidelines. Our firm has experience handling child support matters in Florida and our West Palm Beach attorneys assist our clients with their initial child support calculations.

This article was provided by:

Plasencia & Associates

http://www.plasencialawfirm.com

Suite 100, 4 Harvard Circle,
West Palm Beach, Florida 33409
877-821-9365

During and after your separation or divorce in Philadelphia your primary concern is likely to be for the welfare of your children. Certainly, the family courts of Pennsylvania and New Jersey encourage parents to work out an agreement regarding custody and visitation through effective negotiations or useful mediation. It is always better for a parent to come up with a solution than a judge. Factors considered in custody disputes include the location of each parent’s home, the role of each parent as caregiver in the past; schools; finances; and for older children, the preferences of the child. There are 15 social and economic factors that the courts will consider in making a custody order.

A battle over child custody in Philadelphia may extend beyond the child’s parents and often will involve grandparents or other extended family members. In some cases, a child has been left temporarily with a relative. If the non-parent was voluntarily given the child and had custody for more than 12 months, that person stands in the place of the parent(s) in loco parentis. If a later custody dispute should arise, these factors are important to know and present to the court. In other cases, grandparents may be seeking visitation privileges. Many children have profound relationships with their grandparents that are thwarted by others who seek to disrupt relationships that are important to the child.

Many divorce attorneys in Buffalo overlook the legal services that may be rendered to aliens in matrimonial situations. An alien is a non-citizen who is physically present in the U.S. without regard to his or her immigration status, and may be here lawfully or unlawfully. Nationally, there are millions. These aliens can now have access to New York State Courts for matrimonial actions.

New York Courts now consider immigration status as only one factor among many when evaluating jurisdiction. They explore the various relationships between the parties and the State, including but not limited to the marital residence, personal interests and marital affairs of the parties, even when residence and perhaps “domicile” remain in another country.

If a married woman dwells within New York State when she commences an action for divorce in Buffalo, she is deemed a resident thereof, providing the statutory jurisdiction requirements are met. Another common problem frequently facing divorced aliens, and who marry in the United States, is that the Immigration Service may not recognize that person’s prior divorce. In those situations, the lawyer can institute a new divorce action in the State of New York. In situations where both of the spouses are in the United States as aliens and matrimonial difficulties arise, New York is the proper forum for a divorce action if the jurisdictional statutory requirements are met.

Because alien status does not necessarily impute a lack of sufficient ties to confer jurisdiction, aliens have access to New York State Courts.  These aliens can have their matrimonial and divorce law needs entertained without having to travel to their former homelands. The term “residence” under the Domestic Relations Law has a more expanded meaning than it had in the past, and should not be overlooked.

Venzon Law Firm – Divorce Attorneys in Buffalo

(716) 462-6585

With any legal case comes the possibility of a lengthy and expensive situation. Many people struggle with the decision on how to pursue their case and it’s important to always consider every factor before continuing with any legal action, especially when your cases involves family law.

Don’t underestimate how long a case takes.

Family court hearings are generally designed to be very short, but trials can take as long as months to be complete. In general, hearings are held on issues – like temporary child support and custody issues – that need to be resolved immediately and can’t wait until trial.

Be aware of all fees.

If your family law case is set to go to trail, don’t assume that you’ll only have to pay legal fees for the days that your lawyer actually spends in trial. With divorce cases especially, your lawyer will need to initiate a “discovery” phase, respond to the any discovery and then prepare a trial and all related documents.

Note: In general, it takes at least three days of preparation time for every one day of trial.

Court time is limited.

Courts usually have a limited amount of time to deal with family law cases. If you bring your child custody matter to a hearing, the court could be forced to make all decisions based on a small amount of information and a short hearing.

It’s important to take the time to figure out what’s best for you and your family, especially your children involved. To make getting a settlement as easy on yourself and your family as possible, you need to realize that you’ll have to cooperate and compromise, even if you truly believe you’re morally and legally right in your situation. Make sure to explore all options to sort out your family law matters including mediation, arbitration and collaboration – to name a few.

If you need advice pertaining to your family law situation, contact Wesley Kent Hill Attorney at Law for help and representation.

Wesley Kent Hill Attorney at Law

P.O. Box 79507

Atlanta, GA 30357

Phone: (678) 522-9253

When it comes to a custody case the two parents or parties have two options on handling the custody agreement. It is recommended to first try mediation with the assistance of a professional lawyer. If the two parties cannot come to a mutual agreement then they will proceed to a child custody litigation case where a judge will grant custody.

What Does The Judge Consider When Granting Custody?
When the decision of guardianship is left up to a judge each party will be present at the hearing. Both parties will have the opportunity to testify. They will each present their side and ask questions of the opposing party, or their lawyer will ask the questions for them. Each party can present evidence proving that they are in fact deserving of the custody they are requesting. This may include personal, medical, or school records. Both parties will also have the opportunity to have a witness. Every witness will have to have a subpoena to appear in court. Each party will be allowed to ask the other witness questions as well as their own witness, which is why it is important to come into court prepared. Having an experienced custody attorney can greatly help you properly organize you for your child custody case. The judge will weight several factors when making the decision of guardianship. Each family and situation is different but usually the judge will take many different factors into account.

The child’s age is considered. If the child is older he or she will be asked who they wish to have custody over them.

Who the child currently resides with and whom the child has resided with in the past will be taken into account.

Can the parent responsibly care for and provide for the child? This question involves many different factors such as the emotional and well being of the parents, as well financially and physically. This question of course is very important to the welfare of the child.

Past history of each parent will be carefully looked at. Was there a case of substance or physical abuse? Will the child be safe with each parent?

After careful consideration the judge will grant custody to the parties. If there is a discrepancy with the judges decision the parent can ask for a reconsideration. For more information contact your local and experienced Philadelphia child custody law firm. If you are seeking assistance with a child custody case in the Philadelphia area contact a qualified law firm.

This article has been provided courtesy of Philadelphia child custody attorney:
Erik B. Jensen P.C.
866-840-4893
http://www.erikjensenlaw.com
(Data Source: Family Law Section of Philadelphia Bar Association)

According to Texas law, before anything begins, those who wish to file for a divorce must have lived in the state for six months and in the county where they file for at least 90 days. If this requirement isn’t met, no further actions will take place and no processes will begin.

Filing a Petition

A husband or wife who wishes to a get a divorce in the state of Texas must first file a petition which generally tells the court what you are asking it to do.

Discovery Phase

This is the time the attorneys involved exchange information (i.e. answer questions or come up with necessary documents). In many situations this process is more informal between both parties as the more formal the procedure is the more it will cost those involved.

Mediation

Couples who don’t want to take their case to trial often choose to seek the help from a mediator to help both parties find compromises and agreements. Both sides usually split the cost of hiring a mediator and can decide how things will turn out without the help of a judge.

Some Texas counties require that divorcing couples use mediation before trial, especially if child custody matters are involved.

Arbitration

The process of arbitration is more trial-like in that both sides express their side of the story to a chosen arbitrator and he or she decides what the outcome will be.

If you’re living in Texas – specifically the Houston area – and wish to file for divorce, contact Houston family law attorney Judy Ritts today.

The Law Office of Judy Ritts

8980 Kirby Drive

Houston, Texas 77054

Phone: 713-666-0646

If you are filing a divorce in Orange County or anywhere in California you should be fully aware of how divorce law has evolved and what your Newport Beach divorce lawyer should assist you. When filing divorce in California, it is critical that one makes it clear the grounds on which they are seeking divorce.  Keeping in mind that the grounds presented will have to be adequately supported with testimonies and/or evidence.  If they are not done so to the courts standards, they may dismiss the case all together.  Getting a divorce can drastically alter ones life and for that reason it is critical that you understand the legal repercussions that could potentially occur.

Divorce (aka dissolution of marriage) has undergone many changes over the years in California.  At the beginning divorces could only be granted on one of 2 grounds, adultery or mental cruelty.  Then in 1970 statute no. 2310 passed issuing new parameters for filing a divorce that California divorce attorneys now work with.  Now one may file a divorce in California claiming “irreconcilable differences”.  Irreconcilable differences is defined as “any grounds that the court determines to be a significant reason for the termination of marriage.”

If you would like to consider other options before getting a divorce a legal separation in California may be something to consider.  The state respects the nature of a legal separation and/or nullity of a marriage.  But keep in mind that a nullity can be very difficult to make a case for and that a legal separation is easier to accomplish.  Separation can effetely divide property; provide child support and spousal support in situations that apply.  To learn about all of your options when divorcing in California consult with experienced attorney, Brian a Bayati by calling (888) 339-2915 or email your case using our online submission form.

Although there are many common elements to divorce each state varies regarding  divorce requirement criteria. When filing for divorce in Austin, you or your spouse must be a resident of Texas for at least six months, and a resident of the county in which you are filing for the divorce for at least 90 days.

The couple must declare the reason for the divorce.  They are many different types of divorce in Austin. A divorce can be acknowledged as a no fault divorce, which means the marriage has become insupportable and there is no chance for the couple to reconcile.

Grounds for divorce are specific reasons the court may grant a divorce. They are:

• Adultery
• Cruelty
• Imprisonment
• Mental illness
• Abandonment
• Living apart

Austin family law attorneys at Nunis & Associates take the time to go over all the issues surrounding your impending divorce.

Texas is a community property state, which means any property and debt accumulated during the marriage is split 50/50. If the couple cannot agree on child-related issues such as custody, support, and visitation, as well as spousal support and division of property and debt, the court will determine the rights of the parties. The court will, at all times, keep the welfare of any children in mind and do what is best for their emotional development.

Nunis & Associates – Austin Family Lawyers
801 West Avenue, Suite 200
Austin, TX 78701
(512) 623-7052