• 26Jan

    There is no one-size-fits-all schedule that works for every family.  Accessing local resources allows parents to gain insight into the custody process and possible outcomes. A number of resources are available to help families create workable arrangements, including:

    •    Parenting classes
    •    Mediation services
    •    Local social service agencies
    •    Qualified Louisville child custody lawyers

    Ultimately, the success of any Louisville child custody arrangement depends largely on the attitude of the parents.  Parents who parent as a team, are supportive of one another, and keep lines of communication open model effective coping skills—and give children the opportunity to focus on growing up instead of feeling stressed or pressured to choose one parent over another.  With the support of a Louisville child custody attorney a family can make it through this tough time in life.

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  • 24Nov

    Whether you are merely considering divorce or have made a firm decision, meeting with a divorce attorney can provide answers to legal questions. You need to understand fully the repercussions of divorce—how it affects a change in your lifestyle, your children’s upbringing, and your financial situation.

    There may even be changes you need to make prior to filing for divorce, such as setting up separate bank and credit card accounts, obtaining your own health insurance policy, and securing valuables in a safe place. You should not move out of your house or apartment if you plan to seek child custody. These and other aspects of your life that can affect the outcome of divorce are things to discuss with your Orange Park divorce lawyer.

    The more relevant information you provide, the better picture your divorce attorney has of your divorce issues overall. Information you should bring when meeting your divorce attorney includes:

    • Tax returns, other tax documents (W2, 1099), and any IRS correspondence
    • Pay stubs or income statements
    • List of assets
    • List of liabilities
    • Loan applications
    • Mortgage agreement
    • Bank notes
    • Property deeds
    • Car registrations and titles
    • Balance statements for bank accounts
    • Investment statements for stocks, bonds, etc.
    • Stock certificates
    • Credit card statements
    • Current budget of living expenses
    • Retirement account statements for 401K, pension, IRA, etc.
    • Insurance certificates, policies, and identification cards for policies
    • Any existing court orders
    • Trust documentation
    • Wills
    • Copies of a prenuptial agreement or marital agreement

    Make the most of your initial consultation

    You should also be prepared to discuss your objectives with your lawyer—desired outcomes for custody arrangements, property division, child support, and spousal support. The initial consultation is designed to exchange information and answer your questions. Any explanations you need about legal procedures, ways to approach your divorce, or what to expect should be covered. This is your chance to discover whether your working relationship with the divorce lawyer suits your purposes and can effectively resolve the issues you face with divorce. It is always to your advantage when Orange Park divorce attorneys can advise an approach and strategy based on the facts.

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  • 10Nov

    Divorce can be messy, and going into it without a general idea of your options or what must be done in accordance with the law, can turn a mess into a disaster. Divorce laws vary by state, and for this article we locate ourselves in Roanoke, Virginia, using Virginia laws and guidelines for divorce, which are similar throughout most of the United States. Here are some basic tips and information everyone should know about divorce.

    Absolute and limited divorce

    In Virginia, there are two types of divorce: absolute and limited. An absolute divorce means that the divorce is permanent, allows remarriage, and terminates property claims. When the court grants a limited divorce, it means that the divorce is not permanent, does not allow remarriage, and does not terminate property claims (but the limited divorce may settle these claims). A limited divorce only legalizes the separation and provides for support. It can be merged into an absolute divorce after the required separation period.

    You do not need a legal separation in order to get a divorce. However, to secure a contested or uncontested divorce, certain conditions must be met. For example, either your spouse or you must be a resident of Virginia or a member of any armed force stationed in Virginia for six months to meet the residency requirement to file for divorce. For more specific information or advice about your situation, contact a Roanoke family law attorney.

    Uncontested divorce

    For an uncontested divorce, either spouse can file stating that the two parties have been separated, i.e., living separate and apart without cohabitation, for at least one year. If there are no minor children and the parties have entered into a written separation agreement, they can get a divorce after being separated for only six months.

    Contested divorce

    For a contested divorce, if the spouses have been separated less than one year and are not in agreement that a divorce should occur, the spouse seeking divorce must prove one of the following grounds for divorce:

    • Adultery, including homosexual acts
    • Subsequent to the marriage, conviction of a felony and imprisonment for over one year
    • Cruelty, causing a reasonable apprehension of bodily harm
    • Willful desertion or abandonment

    For more information about Virginia divorce laws, visit this resource where you can also review other state laws, if you are located elsewhere.

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  • 28Jul

    Unfortunately, divorce is a common part of the American landscape.  We all know at least one person who has lived through a bad divorce and who can easily recall the painful details.  And despite conventional wisdom and enormous amounts of anecdotal information, many divorce myths are still around.

    Divorce—fact versus fiction

    • I can start dating now that the divorce is filed.

    Filing for divorce is certainly a start to the process of dissolving your marriage.  However, if your divorce is still pending you may want to hold off on entering the dating pool.  Commencing a new relationship before your marriage is dissolved and the issues are ruled on by the court could affect the outcome of custody and visitation matters.  Before embarking on a new romantic relationship, consult with your divorce lawyer about negative effects it could have on your divorce action.

    • Aggressive divorce attorneys always get you a better settlement.

    Although having a strong advocate in your divorce can serve to protect your rights and interests, it is no guarantee your settlement will include all or most of the assets.  In Massachusetts, marital property distribution is based on a variety of criteria that have been carved out in a multitude of Massachusetts cases and the Massachusetts General Laws.   Having a smart attorney who is dedicated  to working  hard for your best interests makes more of a difference.

    • In a divorce, the mother always gets the children.

    While that may have been true in the past, current trends are leaning toward joint physical custody and shared parenting arrangements.  The court’s duty is to serve the best interests of your child, not yours.  For your children’s sake, it is wise to take the same attitude as the court and truly consider what is in their best interest.

    • If my spouse doesn’t pay child support, I can keep him/her from seeing the kids.

    This is not true. Visitation and child support are two separate issues and you may not withhold court-ordered visitation rights as a means to receive child support without violating the court’s orders…

    Get the real answers about divorce law in your state…

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