SettlementBoard.com News, Articles and Information for Legal Junkies

20Oct/110

Divorce in Lake Charles—Getting the Legal Help You Need

If you decide to end your marriage, you need to protect your rights and your future. While divorce can be stressful, the process is much easier if you have an experienced and compassionate attorney who can help you through your divorce.

If you live in Lake Charles, your attorney can explain Louisiana community property law to you and how to determine the total assets and debts that you and your spouse share. Whether your divorce is contested or uncontested, your attorney can help ensure that you receive your fair share of the property.

To protect your rights, a capable divorce lawyer in Lake Charles can obtain an order of protection. That order prevents your spouse from mortgaging or giving away the communal properties before you file divorce.

Also, experienced divorce attorneys can ensure spousal support for dependant clients from the time of filing divorce to the final divorce settlement. Factors considered for permanent spousal support include: term of marriage, working potential and education, health potential, and domestic violence victimization.

Divorce attorneys can also handle other issues related to family law, including:

  • Restraining orders
  • Divorce modifications
  • Child support
  • Child custody
  • Mediation or counseling

An experienced lawyer can also guide you on your specific case and answer questions about residency requirements, waiting period, alimony norms, and child law. If it is time to move on with your life, a divorce attorney can help you.


23Sep/110

Grounds for Divorce in West Virginia

The grounds you pursue for divorce often set the tone for the whole case. In fact, until no-fault divorce was an option, spouses had to prove the other spouse was to blame for the marriage breakdown in order to obtain a divorce. Having to prove fault often resulted in adversarial and acrimonious divorces, where both sides aired the other's dirty laundry in public in an attempt to convince the court to grant divorce.

The first no-fault divorce was introduced by the California legislature in 1970, and as of October 2010, all U.S. states now offer some form of no-fault divorce. No-fault divorces opened doors for the possibility of more amicable settlements. Today, many divorces are settled outside of court through mediation, collaborative law, or negotiation.

West Virginia offers both no-fault and fault grounds for divorce under West Virginia Code §48-5. Divorce, which defines the grounds for divorce in West Virginia.

West Virginia no-fault grounds

The two no-fault grounds include:

  • Irreconcilable differences.
  • Living separate and apart in separate residences without any cohabitation, continuously for one year. Separation may be based on one party's voluntary action or mutual consent of both parties.

West Virginia fault grounds

Fault grounds for divorce in West Virginia are:

  • Adultery
  • Conviction of crime
  • Permanent and incurable insanity
  • Habitual drunkenness or drug addiction
  • Desertion
  • Abuse or neglect of a child

If both spouses sue each other on fault grounds, the court grants the divorce to the spouse who is the least at fault (called comparative rectitude). While the court takes many factors into consideration, fault grounds may influence a judge’s decision in awarding child custody, deciding property division, or allowing alimony.

When considering grounds for divorce, it is best to discuss your situation with qualified Clarksburg divorce law firms. Ask about legal fees, court costs, and other expenses associated with litigation and compare the costs of mediation or collaborative divorce. Even if both parties agree on no-fault grounds, their divorce may still require alternative dispute resolution or litigation to resolve other issues, such as child custody, child support, and property division, and whether to consider spousal support.

Clarksburg divorce lawyers can help you make important decisions to achieve your objectives and protect you and your children’s best interests when facing divorce in West Virginia.  If you are looking for a West Virginia personal injury attorney this firm can help.

12Sep/110

Arbitration is a Preferred Alternative in New Jersey for Couple Disputes

Divorce disputes that go to court can be very adversarial, costly, stressful for both spouses and their children, and long. To avoid the escalating legal cost of divorce proceedings, couples in New Jersey are seeking an alternative to classic litigation. In such situations, arbitration is an excellent option and should be discussed with a divorce lawyer.

The advantages of choosing arbitration over typical divorce litigation are:

  • Cost-effective
  • More confidential
  • Less time-consuming
  • Less formal atmosphere compared to a trial in a court
  • Shared cost between the disputing couples

Arbitration vs. mediation

Increasingly, divorcing couples prefer arbitration over mediation.  Under mediation, the mediator is a neutral third party who facilitates discussions between the disputing couples and does not have any say in the final agreement between the couples. In arbitration, however, the arbitrator facilitates, hears the arguments, listens to the claims of either party, and has the authority to make legal decisions when the divorcing couple cannot agree.

New Jersey divorce lawyers can help

If a couple in New Jersey decides to end their relationship and would like to use the arbitration process, they should approach New Jersey divorce attorneys who are experienced in the arbitration process.

12Sep/110

Divorce in Chicago and Related Legal Issues

Divorce can be difficult to decide on and a tough process to go through. Once you have decided on divorce, you may need the assistance of an experienced divorce and family lawyer who can look out for your best interests while making the process less stressful. Given their familiarity with laws, family situations, and legal proceedings, divorce lawyers can often devise the right solutions to the problems that concern you most.

If you are filing for divorce, your Chicago divorce attorney can help in the following areas of concern:

• Child custody
• Child support
• Spousal support
• Property and debt division
• Divorce modifications

In recent years, divorce modifications after divorce have become more common as people change jobs or move to different areas of the country. Circumstances change. Life happens. An attorney who helps you work through the issues of divorce is qualified to help you later if it becomes necessary to make changes in your divorce agreement. An attorney who practices family law in Chicago should help clients think in terms of the best interest of your children—increasingly, courts expect other parties in a divorce to do the same.

Divorce can be contested or uncontested, while the latter is usually preferred by most parties. If the parties involved are in serious disagreement, only a skilled and compassionate divorce attorney with years of expertise can protect your rights.