Posts Tagged ‘mediation’
Do I need a lawyer?
Check out the following circumstances to make sure whether you need to have a lawyer or not.
• You and your spouse have been wed for at least 5 years
• You and your spouse have kids.
• Either you or your spouse is the breadwinner while the other may have difficulty getting on his/her own two feet financially speaking, once the divorce is finalized.
• You or your spouse has come upon inheritance while married to one another.
• Either you or your spouse is in debt.
Where can I get a divorce lawyer?
There are a many ways to get a divorce lawyer. Also try asking your marriage counselor or therapist for a referral. Of course you may ask your relatives or friends as well. Other lawyers can recommend those attorneys which specialize in divorce also.
It is also possible if you may even go straight to the courthouse to check out if a particular divorce lawyer strikes your fancy. No matter where you look, may it be in the yellow pages or in directories on-line, you should assess their credentials.
Meeting a lawyer for consultation
After finding a promising lawyer, the next step would be to meet him/her for consultation. If he/she is hard to reach then this may be a sign that you may have a hard time getting in contact with him/her once you hire him/her as your divorce lawyer. Find out how much he/she may charge for consultation. What exactly is his/her specialization? It’s important that he/she specializes in divorce, for you to have the best representation. You wouldn’t want a gynecologist dealing with your heart disease would you? Of course you’d seek the help of a cardiologist and with legal matters it goes the same. Seek the help of a divorce attorney for divorce concerns.
What you ought to know after consultation with a divorce lawyer
The first time you meet with a divorce lawyer may be one of the few times that you are the one who gets to do most of the asking. Make the most of it. Find out everything you need to know in order to make the right choice of attorney. After speaking with a lawyer, make sure you’ve discussed the following matters:
• Length of practice
• Case specialization
• Divorce trial experience
• Experience in negotiation for settlements
• Familiarity with divorce mediators
• Custody dispute experience
• Familiarity with tax issues of divorce
• Familiarity with your particular situation/context
• Projected period of time for your case
• Projected outcome for your case
• Schedule and methods of contacting him/her
• Fee (Including specifics, like if travel time is included)
• Manner of billing
In countries which are predominantly Catholic, divorce is not welcomed by the culture which is greatly influenced by religion. For example in the Philippines and Malta, divorce is illegal. Because of the Catholic Church’s influence, a number of countries in Europe like France banned divorce. As a result, people in these locations may seek out other areas in order to get divorced.
Comparing and Contrasting
In countries which have legalized divorce, separating from your spouse may be much simpler than in those where divorce remains illegal. In countries where divorce is illegal and annulment may be the only way of getting out of a problem marriage, matters can get much more complicated.
The process of annulment may take a much longer period of time than the procedure of divorce. Divorce is the termination of a marriage contract. Annulment, on the other hand, deems the marriage null and void, as if one were never married in the first place. This makes couples think twice before considering the final step of annulment. But this can have its pros and cons.
Culture and Divorce
Most of the time, a woman may even stay in an abusive relationship for a long period just because of the culture’s view on separation. This is exactly where countries which have legalized divorce have the upper hand. In these cultures, getting out of any kind of abusive relationship as soon as possible is emphasized greatly. Looking at it this way, divorce becomes a tool for saving those spouses in detrimental marriages. But divorce itself may also be abused.
Marriage is a serious decision for anyone and it should not be taken lightly with the thought that one may just as easily get a divorce.
Debate upon the ease in which a couple may get divorced in some cultures has also long been discussed. The “Las Vegas” ease of tying the knot and just as easily cutting it off has been highly criticized by conservative cultures.
Getting married for a couple of hours just for the feel of it and then getting divorced soon after in just the same hurry is a clear example of how divorce can be abused.
Cheap divorce is possible if you are fully aware of all the possible expenses involved. And keep an eye on them. It may require double the effort and attention to try and keep your expenses down to a minimum. But if it really is your main goal and aim it will be worth the try. Try to put your focus on the variables like certain legal representation or the cost of different divorce kits or divorce form packages. Cutting costs here and there can save you money in the big picture.
The actual cost of divorce may range, from context to context. The total number of hours spent on the case and your lawyer’s rate will determine the amount due. To keep track of costs, you must be aware of the Retainer Agreement. Different lawyers vary in their rates for particular duties. Make sure to check out the ranges and choose your attorney accordingly. The hourly rates of these associates or paralegals will be less than their seniors and this can result in a reduction of overall legal costs.
You will have to scout around for a lawyer. By doing this, you will be able to figure out what the prevailing professional rate is. Once you have points for comparison, you may then further investigate those rates which are significantly lower than the rest.
To save you some time, it would be good to ask your friends or relatives for recommendations.
When you have chosen an attorney that offers a lower rate, it’s important to inform him/her that you seriously want to cut down on your costs.
In a do-it-yourself divorce isn’t just about filing papers by yourself, you have got to discuss the terms of the divorce with the other party. Make sure that the both of you can reach a decision regarding the division of property. If you do decide on a do-it-yourself divorce, you will have to acquire the needed forms from on-line or a store in order to file the papers.
Representing yourself in court is your right. But it follows that you will abide by the rules like an attorney would. Remember, whatever you may know of court cases from televisio may not exactly be what’s proper or correct. If you are considering representing yourself in court for your divorce, there are a number of things you must know.
A divorce kit contains guidelines for pursuing a divorce in a certain state, as well as forms that you may simply fill in and present to the court. Most of these kits are marketed with the concept of fast and trouble-free outcomes. These divorce kits are easily found on the internet, but they may be available in certain publication stores.
A divorce kit may offer the advantages of a quick divorce but it requires careful follow-through.
Online divorce forms may be grouped according to kind or by state because of the specific requirements that may vary from state to state. They may also come in packages depending on your state and the context of your divorce.
Forms from generic legal books, may easily become rejected by the court if specific requirements of the state you reside in are not addressed. Also, online divorce forms can be updated much easier and quicker than those found in legal self-help references. You can be assured of updated divorce forms and material.
By searching for free divorce forms and papers on the internet, you can get a head start on the separation between you and your spouse. Checking out any free divorce forms and papers that you may have access to over the internet gives you a chance to understand precisely what may be required during the process of divorce. Just going over the sample forms over the internet can provide you with the knowledge you need in order to familiarize yourself with the necessary procedures in order to finalize a divorce.