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Divorce Law

Important Things to Know Before You File A Divorce

Marriage Over

At some point, a marriage cannot be fixed and should not continue, especially when there is a tendency for it to be physically or psychologically abusive. Marriage should be the space for the couple to provide emotional shelter and support to each other.

In other cases, the fading passion of love is enough to be the reason for a person to think of a divorce. The situation is perhaps well described in B.B. King’s song “The Thrill is Gone.” When there is no excitement or that ‘thrill’ you once feel, marriage may exist no more than a routine.

In any situations where divorce is felt necessary, here are the guides for you.

Think of the legal consequences

Binding arbitrationDo you have children with your current spouse? If you do, then you should carefully think of the custody of your child and how your spouse is going to react to the divorce.

If your divorce is grounded on the abusive behavior of your spouse, with solid proofs and legitimate legal procedure, you will get the custody without being contested.

But if the divorce is grounded on other reasons, things may get complicated and take a longer time to proceed. The best solution for this matter is that for you to open up a discussion as soon as possible with your partner.

Hearing in the court can waste your time, as well as your spouse’s. Convince him/her to opt for a pursing divorce mediation or arbitration instead. Both require you to hire a legal attorney but without a public exposure of your divorce.

Divorce is not a competition.

DivorceWhen you file the divorce, you should expect unnecessary attention coming from your closest colleagues. Some will add fuel to the fire and try to influence what you need to do.

Divorce is a private business, and every case is different from each other. You should be careful with any encouragement coming from the third party. Always bear in mind that your action will affect the overall process of the divorce and it is crucial not to lose your temper during the process, especially during the hearing about the custody right.

Do not compete for the custody, but think of what is best for your child. The wisest act would be hiring an attorney and a psychologist and make them decide for you with the arbitration option. Mediation is usually not enough since every side will think that he/she is the most capable to claim the custody.

Divorce documents are essential to smoothen the process

DocumentUnless you take the alternatives, dealing with the legal matter through mediation or arbitration, going to the court will require both you and your spouse to prepare a lot of divorce documents. They determine the outcome of the custody right, spousal support, visitation schedule, and divorce decree.

Court decision depends on the strength of the proofs for both sides and how they are relevant as facts to the claim. Financial documents might be necessary in case there are possible disputes for the marital property. Think carefully of this in advance, and make a thorough preparation.

Child Custody

How to find a good custody lawyer

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If you are out there looking for a child custody lawyer, you are in the selection process. But the greatest challenge is that you do not know how to go about it or how to settle on the best or most appropriate one. If you decide to conduct the search on the internet, you will get a whole lot of them and this will be even more confusing. You may have gotten two or more referrals from a friend but you are not sure of them. You do not know the factors to look out for, the right questions to ask or even how to separate facts from fiction. In this article, we are going to highlight some of the key factors that you should take into consideration to ensure that you settle for the best custody lawyer who will safeguard the best interests of your children. The factors include:

Experience

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If you want to settle on the best child custody lawyer, then you should ensure that they have some experience in handling similar cases. You should ensure that you get a lawyer who has the appropriate skills as per your current circumstances. Look at factors like the complexity of your case, whether your child has any special needs or whether there are any interstate elements that should be taken into account. Ensure that the individual you settle on as your child custody lawyer should have the ability to handle any situation that will come up.

 

Specialization

As experience is important, so is specialization. The best child custody lawyer should be specialized in handling child custody matters. You will find that most child custody lawyers practice family law but not all of them. That is why it is advisable that one conducts his/her research properly so that they can make sure that the person that they settle on has the required skills to handle the child custody case.

Knowledge

Child custody laws vary from state to state. That is why it is important that you find or settle for a child custody lawyer who has an in-depth knowledge of the laws that govern child custody proceedings in the area that you live. Always ensure that you hire a lawyer that knows the ins and outs of your local laws as this will ensure an optimal outcome.

Local

Besides the lawyer being properly versed with the local laws, it is advisable that you go for a locally based child custody attorney as they are the best suited for your case. It is very important that you access your lawyer as often as possible, this will ensure that they are there to answer any arising questions and meet any simple logistics that may come up. It is also easy to vet a locally based child custody lawyer.

Communication

A good child custody lawyer should have the ability to communicate with all the people who are involved in the child custody case. They should have the necessary skill to communicate with judges, lawyers or even your spouse.

Finances

tfytfvrgcgfcgfcfgcgSince the services of lawyers are usually expensive, you should take into consideration the financial resources that you can be able to afford. Ensure that the fee of the lawyer is well within your budget and ensure that everything is clear as far as billing for service is concerned.