The life is full of hassles and you cannot avoid ups and downs. The most common thing we find in all the people across the world is they are, in one or the other way, facing problems. Again, the problems come with many faces but the one that can ruin up your family is the case of divorce. When your past sweet memories of wedding and marital life do not work and you feel enough of it, it is the time to seek some expert divorce attorneys like Austin divorce lawyers.
Austin family law attorneys are expert in tackling all family issues including the divorce. Austin family lawyers protect you and your family by working through the process of case of divorce and they guide you legally. The Milner Law Firms Austin family attorneys are familiar with divorce laws and an help you advising on how local state government law can be helpful to get the best solution for your case.
Whether you want to file for divorce or it is a matter of divorce and finance, Austin divorce lawyer is always there to help you out. Austin family attorney services also include child support in the matter of child custody. They also make you aware of divorce law in your state and guide you accordingly. By hiring Austin divorce attorneys, you are updated with latest divorce law news and they can also guide you on how to tackle such cases legally.
When it is a matter of divorce court case, you should never take it lightly. It requires a special skill set that Austin divorce lawyers have. They are professional and experienced in tackling such family issues. The professional attorneys are also good at convincing which that will try to sort out the problem in best possible way to avoid further legal procedure. They offer highly skill expert mediation and arbitration service. However, if nothing works, they diplomatically tackle the situation!
The Milner Law Firm is in ethical practice and that is what makes them master in tackling divorce cases. Every customer is treated with all respect and is personally assisted. They have the passion to find a resolution in divorce case that would protect the children, maximize the financial security and last but not the least, promote a positive future.
Hiring expert divorce lawyer may not bring all the sweet memories back but then they certainly help you reducing the pain that has been given by your partner.
The proceedings can be a very difficult time in the lives of individuals that are going through it. Whether you are a man or woman, there many things that need to be taken into account as you are looking at all of the different things that you need to take into consideration. Divorce is never a fun time for anyone, and you need to make sure that you are properly handling the entire ordeal to the best of your ability. There are many things that need to be taken into consideration in order to help you to come out of the situation with a positive outcome, hopefully for both individuals, although there may be some conflicting interests that keep this from happening. A do other things that you can do in order to influence a positive outcome from your divorce proceedings include;
Lawyers For Legal Representation
The first thing that you need to do if you are going through a divorce, is to find lawyers that are going to be able to help you with your legal representation. There many things that need to be taken into account throughout the ordeal, and lawyers that are specially trained in this field, and knows how to handle a variety of situations that normally would be problematic for individuals to handle on their own. There are many things that you need to take into consideration when searching for a Dallas divorce lawyer, which is also encompassed by Dallas Business Lawyer firms as well. You need to make sure that your lawyers know what your goals are in the divorce, what you would like to keep, and what you are willing to part with if there is a settlement. The last thing that you want is for this to go to court, so reaching a settlement can definitely be something that will be in your best interests in the long run.
Any divorce proceeding is going to require a little bit of compromise on your end. You need to make sure that you are not being greedy, and are willing to part with the possessions that are rightfully your spouses. Although the laws say that each divorce should be around 50-50 in terms of assets being split, you also need to take into consideration what was yours prior to the marriage, and what was theirs prior to it. Some marriages start with a prenuptial agreement as far as who keeps what assets in the likelihood of a divorce, and what assets are going to be off-limits to each individual. Some prenuptial agreements will have clauses in there that state if infidelity is a part of the divorce, that there are going to be a number of different things that they need to look at.
It it is important that you go into every divorce proceeding with a good idea what you are looking to get out of it, as well as what you are willing to part with. By being able to compromise, and having the appropriate legal representation, you are my going to have a much higher likelihood that you come out of it with a positive outcome.
Numerous men and women will require the services of the family law court system at some place in their lives. Many could never foresee that they would discover themselves in the court room having employed the services of a family solicitor.
Here are a few examples of positive reasons why a person or family may require the services of a Family Law Solicitor. Adoption of a child or baby is an exciting life-choice however there are many legal aspects that have to be dealt with. A family solicitor could be helping a couple complete their family, or drawing up the papers that helps a single parent feed and cloth their children.
However, it is an unfortunate reality that many end up in the family law court for less pleasant reasons. The possibilities are endless however, they could be going through the process of divorce, fighting someone over child custody, they could be in the process of getting sued for child support, or being taken to court for alimony. There are sad cases of family members being accused of abuse or paternity cases where one is fighting to prove or disprove that they are the paternal father. In these types of cases there are no exclusions due to age, gender race or religion; all are expected to attend court. The impact of a courts decision in all these matters is likely to be significant in terms of the future of the family.
Those who have been married, divorced, living as domestic partners, or even those involved in a civil union may appear in family law and court if there is not a ‘happily ever after’ solution. The courts will decide who gets what in terms of property and persons. So who gets which visitation periods of the children, who keeps the family home, who owes for the debt the couple accrued while together will all be decided and more. It is often very difficult, upsetting and complicated to work out all the details of who gets what. However the process is there to settle disputes and allow people and families to rebuild their lives.
So with all of this to worry about you should seek the advice and services of a family law solicitor. Professional legal advice will make certain that you interests are suitably protected.
Relationship agreements (sometimes called nuptial agreements) can give you peace of mind. So if you plan to get married, start cohabiting or are about to enter into a civil partnership then some form of formal relationship agreement can protect you both.
Every relationship begins with a feeling of love and affection. But there can be some unfortunate situations where your life becomes a maelstrom. The marriage that you thought would give love and happiness will end up a lacuna. You experience a mlange of emotions when a necessity to proclaim a divorce arises. What you need the foremost in a situation like that are good lawyers who can understand your emotions, the emotional and financial stress that you are undergoing and help you accordingly. Moreover, the lawyer should be someone who can explicate things in a proper way for you to understand as the divorce process is going to be rigorous and time consuming. Since it is an intricate issue that is subject to too many complications and lots of mutual disagreement, it is indispensable to be circumspect. So it becomes a necessity to know how to choose a good divorce lawyer.
Qualities of a Good Lawyer
The lawyer you are looking for, in short, should be a legal eagle. After all, you entrust your future in the hands of the lawyer. An effectual lawyer is the one who will
Assist you in the proceedings of the court and the case
Provide courtly response for the questions that you pose
Help you understand the positive and negative aspects of the case
Assist you in concentrating on the important part of the divorce, keeping in mind the emotional problems. Precautions to Be Taken
You can carry on one of these procedures before you choose the right person to represent you in court.
Talk to friends or people who have already undergone the legal proceedings of a divorce.
Do comparative study by talking to more than one lawyer and check out how they differ and what is beneficial to you.
Think twice if you are comfortable talking to the lawyer about your marriage life.
Observe their opinion about arguing for child custody, if you have a child.
Talk to the lawyers personally and not through phone as this can give you an idea about how honest the lawyer is.
Do not let the desire of getting a divorce soon and breaking up from the marriage affect your analysis about the lawyer.
Check if the lawyer will effectively take care of the settlements, the alimony or the palimony. Clarifications to be Carried Out
Once a lawyer has satisfied all these criteria there are a series of questions that you should ask them to make sure you have chosen the right one. Some of them being,
For how long has the person been pursuing law as a career.
The lawyers area of expertise.
The trail experience that the lawyer possesses.
How has the lawyer handled cases that were similar to your case.
To what extent the lawyer has knowledge about the settlement and parental alienation.
The process of filing and getting a divorce in the city of your residence.
The apparent issues and obstacles in the case.
Duration of the process and the process that s/he would recommend.
Amount you are going to pay them.
The schedule of payment.Play Your Part Honestly
SPEAK OUT OF TURN DURING COURT. Each judge has a system, and that system is their way of maintaining orderliness in their courtroom. Honor the system, or you may damage your credibility with the judge.
#6 ASSUME YOUR SPOUSES SILENCE MEANS AGREEMENT. A woman left her soon-to-be ex-husband a voicemail, telling him she would not sign the Agreed Decree for divorce because its terms were unfair. She requested extra time to file a response. Although her husband did not return her call, she was absolutely certain he would grant her the extra time.
Instead of granting her the extra time, her husband proceeded with forging the womans signature on the Agreed Decree, hoping it would be finalized and he would be able to enforce its unfair terms against the woman.
What is the point of this story? Do not assume your spouses silence means he/she is in agreement with you.
#5 FAIL TO FULLY RETAIN YOUR DIVORCE ATTORNEY. Your divorce case will be fact-intensive and will involve time. Once you get to the half-way point of the divorce process, your attorney will be intricately involved.
Fully retain your attorney, or you may have to find a new attorney, which would set your case back significantly.
#4 USE PROFANITY IN THE COURTROOM. Inside of the courtroom, there is a high level of decorum that the judges bailiff, the judges clerk, and the judge himself will expect you to honor. Refrain from using profanity in the courtroom.
#3 HOLD YOUR CHILD FOR RANSOM. You may have heard of a case like this: Per a Temporary Agreement, mom has custody of her six-year-old son, and dad, who lives out of state, gets him during school breaks and holidays. Everything goes okay until the end of Christmas break, when dad fails to show up at the agreed-upon meeting point to return son to mom. Dad wont return moms frantic phone calls. Dad calls mom the next day, saying son will be living with him, and if she wants to see him again, she will have to agree to new terms.
At the point when dad uttered those words, he committed Contempt of Court. Withholding your child from your spouse in exchange for more favorable terms is against the law and will be punished. Do not hold your child for ransom against your spouse!
#2 DO SOMETHING DRASTIC. Here is a checklist of “drastic” mistakes spouses sometimes make:
Leave a voicemail, or send an e-mail or note to your child, bad-mouthing their mom/dad.
Bribe your child (candy, an X-box 360, etc.) so that the child will tell the judge he wants to live with you.
Hide, or ask a friend to hide, your marital assets.
Hire a friend/co-worker to spy on your spouse.
When in doubt about the proper action, always ask your divorce attorney.
#1 LIE TO THE JUDGE WHILE UNDER OATH.
Tampa Divorce Lawyers and Divorce Attorneys- Free Guide
Today’s Question: Can you file for a divorce without a lawyer?
Divorce is an expensive, life altering experience. Hiring a lawyer is VERY expensive. While we don’t recommend it, it is possible for you to do it yourself. If you have no assets or children this may be an avenue you want to explore.
1. A good place to start is by visiting your local clerk of court website. Search by the name of your city and state and clerk of court. Their website will be able to tell you what forms need to be filed out in most instances.
2. Fill out all the paper work. Have your spouse served with the divorce papers.
3. Your Sheriff’s office will do this for a fee.
4. File the paperwork with the court
Don’t let the 4 steps fool you. This is a huge task and should be taken very seriously.
Some things to think about before you decide to file your own divorce:
-Does your spouse have a lawyer or attorney?
-Are there substantial financial assets involved?
-Are children involved?
-Are you concerned about your safety?
-Was your divorce due to some form of abuse?
-Is your Ex vindictive?
If you answered “yes” to any of these questions then it is recommended you hire an experienced attorney to ensure that your interest, if not your children’s, is protected.
If I can give you one piece of advice: You and your spouse may be on good terms right now, but please make sure you understand from a legal perspective everything you are doing and signing. Their good humor could always change in the future and you want to make sure nothing can come back to hurt you. Simply trusting your spouse or ex-spouse to do right thing can often cause you a lot of heartache.
Our free guide will help you choose the best family law attorney in Tampa, FL or anywhere else.
Make sure you get The Best Divorce Lawyer Available and avoid a traumatic and overly-expensive divorce by making an informed decision.
Get more information NOW! Go to:
This guide should not substitute for legal advice from a law professional.
All property division pursuant to a divorce in Washington state starts from the simple premise that all assets accumulated during the marriage will be presumed to be “community property” and split 50/50. But in practice the 50/50 split often does not end up being the result because of such legally cognizable factors as: the earning power of the parties upon termination of the marriage is highly unequal, one party made the entire down-payment, the property came by inheritance, and quite a few others. Often time this arises in shorter marriages where the parties have acquired a piece of real-estate. So how does one answer this question?
The mortgage rule is a legal tool used to characterize property acquired, using both community and separate funds, over a period of time. Harry M. Cross, The Community Property Law in Washington, 61 WASH. L. REV. 13, 39-49 (rev. 1985). The mortgage rule examines whether both parties concerned were obligated to make payments in order to retain ownership of the disputed asset. If there was no such continuing obligation, then the character of the asset is retrospectively determined to be proportionate to the ratio of separate and/or community funds used to acquire the asset. Absent a continuing obligation, the character of the property is retrospectively determined to be proportionate to the ratio of separate and or community funds used to acquire the property It is precisely this mortgage indebtedness that itself constitutes a contribution to effect the final determination of what proportionate share either party should be entitled to. If the other spouse signs the promissory note they become liable to the bank and later third parties for repayment. Even if that party had low income and no assets to secure the loan it is still a contribution. If separate funds are used to make a contribution and are traceable a lien for the down-payment amount could be found but only to that extent of that separate contribution to the down payment. However, In Re Hurd changes this slightly in that the separate character of a cash down payment can be transformed into community property by titling the home in both parties names. (Thus we see some significance in whose name an item of property actually stands.)
This includes such assets as the appreciation of retirement plans that were purchased before the marriage. The value of such an asset must be analyzed to determine what portion grew or accumulated during the marriage and the value prior to the marriage.
Washington state divorce law purposefully vests a substantial degree of leeway to the Judges hearing your case (and I say Judges because the Commissioners only deal with pre-trial issues, modifications, and contempt; they can’t divide the equity in your home or business). Carefully planning from the start of your case is necessary to develop the evidence needed in property characterization. It also gives the attorney time to become familiar with what both parties real financial futures might look like upon final dissolution of the partnership. This is especially important where one is not dealing with a trivial amount of assets, or if you feel your spouse has a significantly higher earning potential.
Division of real estate under Washington state divorce law can also be made not in accordance with whose name is on the title to the property. Whose name the property is titled in, does not settle the matter conclusively but may be considered by the judge among other factors as possible indicia that the parties wished to make it separate.
My husband wishes for a divorce”; that is a hard fact you have to accept regardless of whether you like it or not. Yet, it doesn’t have to ended that way. Here’s six questions you should consider to help you save your crumbling marriage.
Before the darkness of the night puts her into pensive mood, she looks at the ring around her finger. It was right there at the porch where he proposed to her. No, it wasnt like the movies. He brought nothing else to make the ambiance more romantic but still, she found it the sweetest thing he had done for her. But as she stares at the ring again, a teardrop falls onto her hand. Theyve had big fights recently. Musing on his gestures, justifications and preferences, she concludes, “My husband wants a divorce.”
Giving in to separation seems to be the easiest way out. But a wife who values the sacrament of matrimony will ask herself how she can satisfy her husband in different ways. In evaluating her role in their union, she must answer the questions stated below.
Do you thank him for addressing your familys needs?
Mens role in our society centers on providing for their families. Centuries ago, they go hunting in the forest and bring food for their families. Presently, with our gender fair programs, it may not be as emphasized as before but still, they would like to attain that feeling of accomplishment and pride for attending to the needs of his loved ones.
Do you give him enough silence?
Women tend to talk much more than men. When they are strained, confused or contemplative, they need minutes to think by themselves. Though this makes them difficult to figure out, they consider the quiet time golden. If he doesnt feel like chatting, dont force him. Though he isnt verbally communicating, he is still thinking.
Do you directly say what you want?
Another difference between men and women is how they convey their message. The former are straightforward while the latter beat around the bush. This unlikeness causes serious arguments and worse, it makes some wives say, “My husband wants a divorce.” Refrain from making long introductions or from letting him read between the lines always. Cut your introductions short and dont let him decipher your coded words. As much as you can, dont be ambiguous. You can still do it with tact.
Do you sometimes make the first move in lovemaking?
Lets face the fact that sex is important for men. Women who are boring in bed disappoint them. If you are too tired to make love, all you have to do is explain and be understood. Moreover, men dont want to be in the driving seat always. They want their partners to do their share of first moves as well. By the way, men love sexy underwear.
Do you let him hang out with his friends?
Like women, men need the company of friends. Talking about sports, cars, art and current events over some bottles of booze makes them realize there is a world outside their home. Dont get easily jealous with the time he spends with his friends. Otherwise, hell think you want to control his life.
The collaborative process, started by Minneapolis family lawyer Stuart Webb in 1990, provides alternative dispute resolution using a team of professionals working jointly for the couple, rather than in adversarial roles. It is just now hitting the radar screen in Illinois, where practitioners estimate that about 300 divorces have been handled this way in the last several years. The state averages about 35,000 divorces a year, records show.
Both parties agree not to enter litigation. Couples often hire attorneys trained in collaborative law and bring in shared accountants, financial planners, business valuation experts, child psychologists and even life coaches to help the couple. Unlike impartial mediators, the attorneys can advise their clients as advocates.
Proponents say it dramatically cuts the tension–and the costs–involved in traditional contested divorces.
There are skeptics, however. Among the critics are those who say the peacefulness of the process encourages divorce and attorneys who say the best representation for any divorcing spouse is a vigorous offense.
Participants in a collaborative divorce sign documents promising to disclose all assets, and their attorneys agree to walk away from the case if the parties end up going to trial.
An average contested divorce can run about $30,000, but it’s not uncommon for some to reach six figures, attorneys say.
Collaborative costs vary widely, depending on the number of professionals involved and the number of meetings it takes for spouses to agree on a settlement. Collaborative attorneys estimate that most of these cases settle for half to a third of what their bill would have been with a court battle. Settlements must be reviewed and approved by a judge.
Costs ranged from $5,000 to $21,000, representing as high as 15 percent of annual household income.
Even friendly divorces come with costs that reach beyond the courtroom, however, and women especially tend to feel the strain. Divorce Magazine reported the drop in standard of living for women after divorce was 45 percent in 2000. About 20 percent of people filing personal bankruptcy had been recently divorced, according to Harvard University law professor Elizabeth Warren, who has studied families in dire financial straits since 1986 and who is considered one of the leading national authorities on bankruptcies.
Your staff: In addition to consulting attorneys, divorcing couples are turning to specialized financial planners to run living cost estimates, decide the value of family businesses and prepare investment return projections on proposed settlements.
Typically these are accountants, certified financial planners or other financial advisers who offer a specialized divorce practice. Someone who has a Certified Divorce Financial Analyst designation has also taken a self-study course and completed four exams related to divorce finances, but be sure to inquire what other credentials he or she has. Training is done through the Institute for Divorce Financial Analysts in Southfield, Mich. (800-875-1760).
If you’ll need help valuing assets or a business, or suspect your future ex may be hiding money you also may need to contact a forensic accountant.
If you are the primary breadwinner but are considering a lower-paying job as you go through the divorce transition years, tread carefully. Some judges will require you to maintain your family’s previous standard of living. A judge may rule you’re more than capable of a high earning power and decide to award less alimony.
Your portfolio: If you think you’ll have to draw down some retirement money to cover expenses in the first few years of divorce, do it sooner rather than later, this way you can take a distribution at the time of divorce without a penalty,
Your tax return: Be sure to consider the tax consequences of your divorce settlement. The more money a primary breadwinner doles out as alimony instead of child support, the more he or she can deduct from income, experts say. The spouse receiving the alimony will have to pay income taxes on the money, but usually it will be at a lower tax bracket. Child support, on the other hand, isn’t deductible from income.
Under section 1501 of the Thai Commercial and Civil Code a marriage in Thailand can be terminated by one of three different methods.
1. Death of a spouse
2. Cancellation by Court
The death of one of spouse is easy to understand.
2. Cancellation By Court
Approaching the Court in Thailand to cancel a marriage is not frequently brought into being. It is only in special cases with extremely good reason that the Court can be approached to cancel a marriage. This is eligible in circumstances where the plaintiff becomes aware of facts or factors relating to the marriage or the defendant that he or she was not aware of before the marriage. The facts or factors need to be of such nature that the plaintive would not get married if he or she were aware of these particulars before the marriage.
When the Court cancel a marriage it is not regarded as a divorce and it is considered that the marriage never took place.
According to Thai Law, there is no differentiation between Thai nationals and foreign persons. Not considering a persons nationality, under Thailand Law, all inhabitants are acted towards in the same way.
Two forms of divorce can be obtained in Thailand:
1. Contested divorce
2. Uncontested divorce
A contested divorce can be requested by one of the parties for one or more of the following reasons that you will found under section 1516 of the Thai Commercial and Civil Code:
A different female is awarded status and is maintained as the wife of the husband and/or adultery is committed by one spouse
One of the two parties to the marriage has committed a crime and is found guilty or other form of misconduct.
One of the two parties have caused severe mental, emotional and or physical injury to the other party or have severely affronted the other party and or one or more of this parties family.
One of the parties to the marriage has forsaken his marriage party for a period that exceed one year.
One of the parties to the marriage has been sentenced to a prison term by Court and has been in prison for longer than a 12 month period, provided that the plaintive is not guilty of any involvement, approval or aware of the crime or misconduct of the defendant. Moreover that should the parties remain married and live together the plaintive will suffer undue harm or tribulation
Both parties, out of own accord does not live together any more for a period longer than 3 consecutive years.
One of the parties to the marriage are believed to gone astray, and or left the mutual residence for longer than three years. In addition it is not ascertainable if the person is still alive.
Be deficient in maintaining a marriage.
One of the parties has been declared to be in poor mental health for more than three consecutive years with no prospect of recovery.
One of the parties has failed to remain committed to the bond of good behavior.
One of the parties is be diagnosed with a transmissible and contagious hazardous illness which is not curable and that can result in harm to the other party.
One of the parties are affected by a physical impairment to such an effect that it is not possible to enduringly live together as husband and wife.
The Procedure for a contested Divorce:
1. A petition must be filed at the Court
2. Where claims of monetary compensation are applicable (like getting back 50% of the “common” or “marital property” called “Sin Somros” in Thai) a deposit of 2% of the value of the claim must be paid to the Court.
3. If the ruling is made in your favor, judgment can be made that the other party must pay back the deposit.
4. In the event where children were born out of the marriage, you will first have to go trough juvenile division proceedings that will provide the court with a report in this regard.
5. When parties can not agree during the negotiation session in Court, a trial date will be set.
6. The burden of proof is on the plaintiff and the plaintiff must be present during proceedings. Should the defendant do not attend, only the evidence presented by the plaintiff will be taking into consideration.
7. This process can take between 3 to 12 months in normal circumstances. That doesnt include appeals.
There are 3 main tasks that the Court will:
A) Verify is there is enough evidence about the ground. If not, the Court wont grant a divorce and it will stop.
B) If there is enough evidence to divorce, the Court will decide about the children of the couple. If there arent any children, then it goes to next step. The Court will rule according to the best interest of the children.
C) The Court will separate the common property between spouses in 50-50%. In cases where adultery is the ground, a Thai court can also allows damages to be paid if damages are claimed to the Court.