Entries in the 'Family Law Settlements' Category ↓

Looking For A Family Law Attorney

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

How is Child Support Calculated in FL?

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

Family Law Matters: Should I go to Court?

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

Reblog this post [with Zemanta]

Divorce Requirements in Austin, TX

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

Randall L. Sherrod – Family Law Lawyers in Amarillo

Randall L. Sherrod

Family Law Lawyers in Amarillo

The Law Office of Randall L. Sherrod is located in Amarillo and serves clients in Potter and Randall Counties. Attorney Randall Sherrod and his knowledgeable staff provide services to our clients in the following areas:

  • Criminal law
  • Family law
  • Matrimonial Law

Admitted: 1973, Texas, U.S. District Court, Northern District of Texas and U.S. Supreme Court
Law School: Texas Tech University, J.D.
Member: Amarillo Bar Association; State Bar of Texas; College of State Bar of Texas; Panhandle Family Law Association.
Biography: Assistant Criminal District Attorney, 1974-1975 and Criminal District Attorney, 1975-1995, Randall County, Texas. Fellow, Texas Bar Foundation.
Born: Beaver, Oklahoma, May 9, 1948

The Law Office of Randall L. Sherrod, P.C.  – Amarillo family law firm
320 South Polk Street, Suite 501
Amarillo, TX 79101

Divorce statistics for San Antonio

Divorce and Separation Statistics
The divorce rates in San Antonio and throughout Texas are comparable to nationwide trends. Here are some quick stats on the number of divorces in the state in recent years.

According to the Texas Department of State Health Services:

  • In 2007, more than 77,000 divorces were reported to state health census authorities. The figure represented a 2.1% decrease from the number of divorces reported in 2006, numbering 79,469.
  • In 2007, the crude divorce rate in Texas was 3.3 per 1,000 total population, according to the Division of Vital Statistics at the National Center for Health Statistics at the Center for Disease Control. Texas’s crude divorce rate was relatively low compare to many other states.
  • By the end of the 1970s, the number of reported divorces doubled in just that decade. The divorce rate peaked with 101,856 divorces in 1981.
  • Crude divorce rates in Texas have declined since 1992.
  • 47.1% of men who were divorced in 2007 were between 25 and 39 years old. The same year, 50.8 % of women who divorced from their husbands were in the same age group.
  • More than 60,000 children under the age of 18 were affected by divorce in Texas during 2007. Divorced teenagers constituted less than 1% of divorces in the state.

Divorce statistics in Texas and nationwide are representative of a national reality. If you are considering divorce or separation from your spouse in Texas, you should find an experienced San Antonio divorce attorney. Spouses considering divorce have several legal choices, including collaborative divorces and legal mediation, that can make the divorce process less painful.

The above information is provided courtesy of the Duke Firm, PC, a San Antonio divorce law firm. They can be contacted at 888-314-5720.

Buffalo Divorce Lawyers: Taking a Stand on Mediation

The Buffalo divorce lawyers of the Venzon Law Firm have an interesting approach to divorce cases that differs from some other opinions we have seen out there in the “interworld.”  In an article entitled, “Mediation: The Big Lie,” seasoned family law attorney Catharine Venzon tackles what is often a sensitive and contentious topic.

People seek divorce for many reasons.  Perhaps it’s financial woes, different views on raising children, infidelity, or – they just plain can’t live together.  When two lives have become enmeshed, it is difficult to break away and begin anew – especially when there are children, property, and material possessions involved.

At Venzon Law Firm, a divorce law firm in Buffalo, the attorneys there do not believe in mediation for divorce cases.  Some reasons that are cited are:

  • Mediators often charge as much or more than lawyers
  • Mediators are not required to keep conversations confidential
  • Mediators do not require the kind of strict education and training that attorneys do
  • They are not required to interview witnesses or verify facts
  • There are no standards which mediators are required to follow by law
  • No investigatory work in done by mediators to ensure that the case is settled fairly

Because the core of mediation consists of he said/she said arguments, some attorneys feel the end result can be highly detrimental to both parties.  A divorce lawyer puts a lot of time and effort into ensuring a fair agreement for the parties involved, with the education and experience to interpret the law and reach a resolution.

When Should You Settle vs. Going to Court

When dealing a legal situation a family law lawsuit in West Palm Beach, some people are unsure when to settle their lawsuit outside of court rather than pursuing the claim in court. Sometimes it does make sense to reach a settlement out of the courtroom, while other times it’s necessary to pursue litigation and bring your case to court.

Advantages of Going to Court

If you bring your family law lawsuit to a West Palm Beach court, you may receive a larger amount of money in the end. If you simply settle outside of court with the opposing party on the amount you will receive, it may not be the total you desire or deserve.

If you bring your lawsuit to court and lose the case, you may still have a chance to appeal the judge’s decision. Once you settle outside of court, however, that settlement is finished and cannot be changed.

Bringing your case to a family court gives you the opportunity to explain yourself, your case and your situation and thoroughly persuade the court that you are on the side of the law. If successful, the awards of the lawsuit could be significantly greater than if you settled out of court.

Why Settle Out of Court?

Going to court to settle a lawsuit is more time-consuming for both parties involved. Taking your case to court will cause you to take the time to prepare all necessary statements and documents relating to your claim. It will also affect additional activities going on in your life and cause you to have to reschedule and/or miss work and other engagements.

Taking your lawsuit and case to court can also cost you more. If you bring your claim to court and lose both the case and your appeal, you have lost completely and are responsible for all associated fees. Even if you are successful, there are still costs that must be covered.

Settling a lawsuit with your opposing party outside of court is generally less intimidating than facing an opposing attorney in the courtroom.

If you are in need of counsel to determine whether or not you should take your case to court, contact the West Palm Beach family law firm of Plasencia & Associates and we will provide the guidance and support you need.

What to Look For When Searching for a Family Law Firm

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

Common Divorce Myths

Murfreesboro divorce laws

A great number of beliefs about divorce law in Murfreesboro are based on rumor instead of fact.  This can hinder a timely divorce or separation and lead to unnecessary confusion and stress.  McCarter, Catron, & East, PLLC would like to clear up some of the most common Murfreesboro divorce separation myths in order to make the experience as smooth as possible.

Myth #1: In a Murfreesboro contested divorce, one party must have a harsher judgment rendered against them, and, therefore, incur greater expense and loss in the divorce.

In a contested divorce in Murfreesboro, the property and assets are divided according to the Tennessee legal standard, which must be fair and equitable.  This is the requirement of the statue, regardless of whether one party is considered at fault (i.e., abandoned a spouse, committed adultery, etc.).  It means that in most cases, there must be an equal division of both property and debt.

Myth #2: In a Murfreesboro uncontested divorce, the court will agree to any divisions of property or debt as set forth by both parties.

In an uncontested divorce in Murfreesboro, the courts strongly consider recommendations made in a collaborative manner by the parties, but they must still ensure the agreement complies with the fair and equitable statute of Tennessee.  Unless there are extenuating circumstances, the division and property should still be roughly equitable between both spouses.

Myth #3: Child custody law in Murfreesboro calls for one party or the other to have full custody of the children.
Murfreesboro custody law allows for parenting time to be awarded to both parents, if desired, with one party typically serving as the primary residential parent.

Myth #4: A Murfreesboro collaborative divorce is only realistic when the parties already get along fairly well with one another.

Collaborative divorce in Murfreesboro is an option for any couple seeking to avoid the hassle, stress, and cost of litigation, even if the couple is not on the best of terms.  Mediation in your separation divorce in Murfreesboro can also be an attractive alternative route if you seek to minimize the emotional impact of the process on your children.

Contact us today

Our Murfreesboro divorce attorneys are available to speak with you about how we can help you resolve your legal issues.  We offer a free initial consultation.  Contact McCarter, Catron & East, PLLC today.