Archive for Divorce Law

Family Law Lawyer Colorado Springs Gives Expert Advice On Selecting A Divorce Lawyer

Choosing the right lawyer to handle your divorce case can be one of the most important decisions you will ever need to make. Selecting a lawyer is a big step and more than a little intimidating. Whether you go with a family friend, a coworker’s recommendation or a lawyer online or in a directory, there are a few things you should know. Choosing a lawyer will have a huge impact on future protection of your interests. It is therefore important that you choose your lawyer correctly, and that you take your time to make sure that you made the right decision says Family Law Lawyer Colorado Springs. Some of your time should be allocated to finding the right lawyer. That means that you should be doing some research to make sure that the lawyer is the one that will best represent you. Appointments are a great tool and you should ask plenty of questions here because lawyers will be very upfront with their potential clients. The reason for this is their livelihood depends on the reputation what he or she has. If they feel that they are not the best for the job they will let you know and may even refer you to one of their colleagues that may be better suited to meet your needs.

Mentioned

Recommendations for divorce lawyers can come from many sources. Therapists and counselors may have a list of divorce lawyers to recommend to you. Friends, who have been through a divorce and were happy with the quality of legal representation they received, can often be your best source of referrals. Look to any lawyers you have hired in the past to recommend colleagues who practice family law. Many state bar associations have lawyer referral services. It is best not to choose a lawyer based solely on being listed with this type of service. Most of these services are open to any licensed attorney who pays a listing fee. However, if an attorney listed is licensed as a specialist in family law, this is much more of a positive recommendation. Depending on your state, the family law specialty may be called Family Law, Domestic Law, Matrimonial Law, or Divorce Law. All states that issue specialty licenses have strict requirements to qualify for the designation says Family Law Lawyer Colorado Springs. Ask for a list of these specialists. If you know people that have needed similar services in the past you should ask them about their experience. Part of what we mentioned before is the reputation and reputation is built through people like you. The best lawyers have a lot of people willing to say how good and effective they were to their particular situation. Your state’s bar association is another great way to find a lawyer that specializes in cases like yours as well as the lawyer’s standing with them. An internet search will help but you should always check their standing before you settle on a particular lawyer.

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Family Law Lawyer Colorado Springs Gives Expert Advice On Selecting A Divorce Lawyer

Appointments

Whatever you have been told about the talents of a particular lawyer, make sure to have a consultation with the lawyer before deciding to use his or her services explains Family Law Lawyer Colorado Springs. A positive recommendation is not enough to decide whether a lawyer is right for you. It is very important for you to feel comfortable with the lawyer you choose. Sometimes personalities and styles just do not click. You will have to tell this person the most intimate details of your personal life. It is absolutely imperative for you to feel as comfortable as possible doing so. Once you have a list of possible candidates to handle your case you should make an appointment to visit them at their office. Some lawyers will make themselves available to come to you the first visit, but it is a better idea for you to go to them. The reason that is better is that you can examine the office and you will also be able to tell how easily it is to meet an attorney once you have hired them. You will most likely get a first meeting without any charges because most lawyers have that as an incentive to meet new potential clients. This meeting is very important because it allows you to ask tough questions and to get a feel for their style.

More Information About Them

Another good idea is to call your local courthouse and find out which judges preside over divorces. Take some time to sit in the courtroom and watch the lawyers in action. If you find some who impress you, find out their names. The clerk or bailiff should be able to help you with this information. There are a lot of questions that need to be answered when choosing a lawyer says Family Law Lawyer Colorado Springs. The main questions that you should ask are about their experience, background, retainer fee and cases similar to yours that the lawyer may have handled. You can also find the average hourly rate of attorneys in your state by going to the state’s bar. Finally check the state’s agency for any complaints that the attorney may have against them. Choosing the right lawyer is like putting together a puzzle. It is not the easiest thing to do, but once the puzzle is complete you will have a better understanding of the whole picture. Make an educated decision and you will have the best representation that you could ask for. A lawyer who practices general law may be qualified to represent you during your divorce if he or she has kept abreast of current family law developments either through continuing education or actually handling divorce cases. When complex issues, such as large sums of money, business enterprises, real estate, or custody are involved, it is best to choose a lawyer who concentrates most of his or her practice in the area of family law.

Family Law Lawyer Colorado Springs Gives Expert Advice On Selecting A Divorce Lawyer

Family Law Lawyer Colorado Springs: I want a Divorce How do I do this?

When a marriage doesn’t work out, it is sometimes best to simply just dissolve the marriage, which is most commonly known as a divorce.  A divorce is defined as “the final termination of a marriage, cancelling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between two persons.”  Many issues come up during a divorce, such as: types of divorce, filing for divorce, divorce and children, marital property division, possible interim separation, and spousal support.  With so many factors to consider and the uniqueness of situation in different couples, many questions are bound to come up, some specific to one case, while other questions are more common-themed states Family Law Lawyer Colorado Springs.

Are You Sure?

First off, you should be absolutely certain you want to get the divorce expresses Family Law Lawyer Colorado Springs. The break-up of a relationship, especially a marriage, is a very emotional event and some people change their minds later on. If you are going to get a divorce, you should understand that this will require going to court, paying for legal counsel, dividing property, making decisions about child custody and visitation, etc.

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Family Law Lawyer Colorado Springs: I want a Divorce How do I do this?

Yes I’m Sure

It is important to keep any funds you earn separate once you decide to get a divorce. You are going to need that money for legal counsel, filing fees and possibly more things such as moving expenses, fees to open new bank accounts, insurance, etc. If you do not have a separate checking or savings account, get one says Family Law Lawyer Colorado Springs. You need to be aware of the property division laws in your state. You will not be permitted to take more out of a join account than you are entitled to; however, you may decide for reasons of practicality that it would be a good idea to take your half out of the joint accounts in order to avoid the other spouse stealing the money and possibly not having it when property division orders are issued. Divorce is a serious step and you should also consider how your spouse will react to the news. Consider his/her possible reactions and plan accordingly.

Legal Separation

A pre-divorce legal separation takes just as long to negotiate as a divorce, and is just as complex and expensive. Yet, legal separation may be a good idea where each spouse is positive that they will never want to re-marry or reconicle with their spouse, but there are external demands that make a divorce impossible or disadvantageous. For example, a legal separation is advantageous in situations where one spouse’s health insurance provider would cut off the coverage of an ill ex-spouse within a certain period after a divorce became final.  Further, there could be religious bases for a legal separation over a divorce. You would need to petition the family court for an order of legal separation, and you must execute a binding, court-approved agreement covering permanent division of the marital property, child custody and visitation, child support and, if appropriate, alimony payments.  You should consult with Family Law Lawyer Colorado Springs to discuss your jurisdiction’s laws and procedures for legal separations. If needed, your attorney can also help you find third party counselors or mediators who can facilitate your attempts to save your marriage.

Family Law Lawyer Colorado Springs: I want a Divorce How do I do this?

 

Family Law Lawyer Colorado Springs Advice on Child Support

When married parents’ divorce or separate, or when only one of the unmarried parents of a child has custody, the court may order the “non-custodial” parent (the parent with whom the child does not live) to pay a certain portion of his or her income as child support says Family Law Lawyer Colorado Springs. This is not the only scenario in which child support might arise. Less frequently, when neither parent has custody, the court may order them to pay child support to a third party who cares for their child. No matter what situation gives rise to the need for child support, it might help to think of the legal right to child support as being possessed by a child (which it technically is), for his or her proper care and upbringing, regardless of who actually receives child support payments.

What is it?

A subset of family law and as in Child Custody law, overlaps with divorce law. Child support is court-ordered payment by one parent to the custodial parent of a minor child after divorce or separation as a contribution to the costs of raising the child. This is a provision to ensure that the child should receive equal support from both parents which it would have received if there was no divorce. Usually, the amount of child support is based on the income of both parents, the number of children, the expenses of the custodial parent, and any special needs of the child says Family Law Lawyer Colorado Springs. Most states have child support guidelines that establish the ordinary support required to raise and care for the child. It may also include health plan coverage, school tuition or other expenses, and may be reduced during periods of extended visitation such as summer vacations.

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Family Law Lawyer Colorado Springs Advice on Child Support

Terms

Child support generally continues until the child reaches 18 years, graduates from high school, is emancipated or, in some cases, for an extended period such as college attendance. The amount and continuation of support may be changed by the court upon application of either party depending on a proven change of circumstance of the parents or child expresses Family Law Lawyer Colorado Springs. Child support is not deductible from gross income for tax purposes nor is it taxed as income. Child support orders are issued by the family court, which bases the amount of the support on the state child support guidelines. These guidelines establish the amount of support that must be paid, based largely on the non-custodial parent’s income and the number of children. The court will also take into account other relevant factors, such as the custodial parent’s income and the needs of the children. The court can deviate from the guidelines if there are significant reasons for doing so.

Visitations

Child support and visitation are independent obligations states Family Law Lawyer Colorado Springs. One cannot stop paying support if visitation is denied, nor can visitation be denied for nonpayment of child support. A person who denies ordered visitation or fails to pay ordered child support can be held in contempt of court and states have various remedies, which vary by state, for pursuing claims against parents who owe back child support. Such remedies may include driver’s license suspension, wage garnishment, and attaching unemployment compensation, worker’s compensation, and federal tax refunds, among others.

Family Law Lawyer Colorado Springs Advice on Child Support

Family Law Lawyer Colorado Springs on Alimony

Alimony (also called maintenance or spousal support) is an obligation to provide financial support to one’s spouse after separation or divorce. It is established by divorce law or family law in many countries and is based on the premise that both spouses have an absolute obligation to support each other during their marriage (or civil union known as common-law marriages). Alimony is the continuation of this obligation to support after separation or divorce has occurred says Family Law Lawyer Colorado Springs. Alimony Law is defined as a court order which determines the financial obligations one spouse has towards the other following a divorce. Spousal support laws are administered and enforced by state legislation and vary from one state to another.

Types

There are many different types of alimony as listed out in alimony law;  Temporary, Rehabilitation, Permanent, Reimbursement, and Lump-sum Alimony. Alimony is also known as spousal support. Alimony law refers to the payments one spouse gives to the other. Some states refer to this as alimony whereas other states consider it maintenance. Though each may have different names, they are considered the same. As child support guidelines may vary from state to state, so do the guidelines for spousal support.  Family Law Lawyer Colorado Springs will inform you of the spousal support guidelines in your state. Spousal support guidelines will then decide the amount and type of alimony to be received. All states are regulated to allow alimony, yet some courts are reluctant to do so.

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Family Law Lawyer Colorado Springs on Alimony

Circumstances

Alimony can be modified or eliminated as the former spouses’ needs change, if those needs are the result of decisions they made as a married unit. Awards and increases in alimony are meant to address only needs that are caused by the divorce itself, not unrelated needs. If the wife’s elderly mother becomes ill and dependent on her after the divorce, for example, the wife’s need increases, but the increase is unrelated to the divorce and will not increase her eligibility for alimony. However, a significant change in circumstances—such as a rise in the recipient’s income or a drop in the payer’s income—can cause the court to reduce or end alimony says Family Law Lawyer Colorado Springs. Occasionally, courts increase alimony to keep up with inflation. Many courts have indicated that situations such as maltreatment are not valid triggers for alimony. Courts have clarified that allegations of physical or other harm done by one spouse must be brought in a civil lawsuit, to be heard and decided by a jury.

Punitive Damages

In successful cases, compensatory and Punitive Damages would be awarded, not alimony explains Family Law Lawyer Colorado Springs. Even in less egregious cases, alimony is not awarded as a punishment, especially in states that have adopted no-fault divorce laws—that is, laws providing that neither spouse has to prove wrongdoing on the part of the other. Gaps in earning power that tend in general to favor men over women create another situation that many courts believe they cannot resolve using alimony. Such gaps are often the reason married couples decide that if it is appropriate for only one spouse to be the wage earner, it should be the husband. But courts do not base individual alimony awards on this trend alone, in part because an individual spouse cannot be held responsible for social injustices.

Family Law Lawyer Colorado Springs on Alimony