Archive for Legal Separation

Family Law Lawyer Colorado Springs How can a Family Law Lawyer Help

Attorneys and lawyers practicing family law take up cases relating to all kinds of family related issues. These can be adoption, prenuptial agreements, marriage, divorce, separation, legal separation, annulment, alimony, division of the property accumulated during the marriage, domestic violence, negotiation, adjudication, child custody and support, child abduction, kidnapping or child seizure, emancipation, abuse in the marriage, parental rights, paternity, juvenile, felonies etc., and many such cases related to family. Other than this they also deal with regular cases relating to criminal laws, property related laws, probation law, trusts etc. However, the majority of the cases that come to family lawyers are the divorce, separation, abuse or child custody cases says Family Law Lawyer Colorado Springs. A number of details need to be considered when it comes to these cases and family lawyers are specialized in all the legalities involved in such cases.

Questions

A number of questions tend to arise when a couple is getting separated legally or getting divorced. One is the process of getting divorced with a minimum fuss, as getting separated or divorced can in itself be a traumatic experience on both the parties. Add to this a contesting from either party and the whole thing becomes quite messy to handle without a lawyer to offer sufficient moral and professional support. One other important issue that must not be neglected is the child custody and child support if any children exist as a result of the marriage. Even though the court finally approves all the aspects regarding the custody and support for the children, both the parties must be able to reach to a decision even before filing the papers. Attorneys and lawyers practicing family law will be able to provide immense assistance in such cases. Because family law matters can be very stressful, it is a good idea to write down any questions you have and bring them with you to the first meeting so nothing important is forgotten explains Family Law Lawyer Colorado Springs. You may also want to bring any documents relevant to your case if available – such as federal income tax returns, or documents concerning your assets and debts. If you signed a pre-marital agreement or any other kind of property agreement prior to or during your marriage, bring a copy to the consultation.

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Family Law Lawyer Colorado Springs How can a Family Law Lawyer Help

Assistance

Family lawyers will be able to assist with all the usual questions that might arise in such cases. Child support laws vary in each state as the law is governed by each state individually without any input from the federal level. However, certain issues such as deciding the parent who is liable to receive the custody and the parent who is supposed to pay for the support, calculation of the amount of child support to be borne, etc., are the questions a lawyer from a particular state would be familiar with. Family lawyers can also be of a big help if the supporting parent is missing or if the payment is not on time or even in some cases when the individual does not care enough for the court orders to cough up sufficient amount for the child support. Deciding on other criteria such as visitation rights, receipt of money if both the parents are in different states, or when the child supporter is unable to make payments duly on time due to pecuniary problems say Family Law Lawyer Colorado Springs. Family problems can be very upsetting and distressing and the best way to handle them is with the help of a lawyer practicing family law. An exhaustive list of lawyers that are qualified, experienced can be found either from the yellow pages or on the Internet with some effort. A word of advice, it is the best option to always go for a new lawyer chosen on basis of qualifications and experience instead of the ones recommended by friends or acquaintances or relatives to avoid any problems or explanations later on.

Divorce

Family law firms can with your divorce or your separation from your partner. However, it does not end there. The firms also deal with other problems that may arise from your divorce. They deal with those things that would guarantee you and your child a secured future despite ending up in a broken family. It is never too early in the process to consult with an attorney. Engaging with legal counsel early allows you to make informed decisions and avoid potential pitfalls – increasing your ability to achieve your goals. Remember, consulting with an Austin divorce attorney does not mean that you will be divorced; you may need information about the family law legal process explains Family Law Lawyer Colorado Springs. A common problem that I see is clients wait too long to contact an attorney to obtain legal advice and could have ended up with a better result if they had been informed about their options earlier. Many ask what should they do they were just served with divorce papers. You should retain a divorce attorney as soon as possible so they may provide legal advice regarding what has been requested and any hearings that have been scheduled. Once retained, your divorce attorney will file an answer on your behalf. The time required to develop the final terms of your divorce is highly dependent on the number of issues to be resolved and the willingness of both parties to reach an agreement. In Texas, there is a statutory waiting period of 60 days after the Petition is filed before the divorce may be finalized.

Family Law Lawyer Colorado Springs How can a Family Law Lawyer Help

Family Law Lawyer Colorado Springs: Equitable Distribution of Property

Equitable distribution is the distribution of property and debt obligations used by courts in most states when dividing marital property during divorce proceedings. Equitable distribution does not mean “equal” division – it means “fair” division. Instead of a strict fifty-fifty split in which each spouse receives exactly one-half of the property acquired during the marriage, the doctrine of equitable distribution is used to look at the future financial situation of each spouse after the termination of the marriage says Family Law Lawyer Colorado Springs. While equitable distribution is a flexible system, it is difficult to predict the actual outcome of distribution, because some of the factors that courts take into consideration when dividing property during equitable distribution are subjective.

Law

Under the laws of equitable distribution, all real or personal property owned by either spouse separately or by both spouses jointly, may be distributed or divided in divorce, dissolution and legal separation says Family Law Lawyer Colorado Springs. The equitable division of property is not based on a specific formula, such as the fifty-fifty rule of community property, but is instead based on the premise of fairness.

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Family Law Lawyer Colorado Springs: Equitable Distribution of Property

Division of Assets

All property acquired before or during marriage by either or both spouses is subject to division. Any assets including income, dividends, rents, savings, real estate, bank, investment and brokerage accounts, boats, cars, art, and other property, real or personal, may be divided in dissolution, divorce or legal separation. The equitable or fair distribution of property can require the actual division of every asset acquired before or during marriage, or the division of all assets acquired during, but not before marriage, and the unequal distribution of any or all assets. Family Law Lawyer Colorado Springs says generally speaking, judges and commissioners focus only on the division of property acquired during marriage except in special circumstances.

Last Resort

It is important to remember that equitable distribution laws only apply in court. Before a judge determines the allocation of marital assets, the spouses have a chance to work this distribution out either on their own or through attorney negotiations. While equitable distribution laws should be kept in mind during negotiation, during negotiation the spouses are free to divide their property in the manner in which they see fit. If the spouses cannot agree on how to divide the property, a decision by a judge may result in a distribution which leaves both parties unhappy. In some cases, spouses may be able to divide a portion of their marital estate, and bring the remainder to the court to decide how to distribute the rest. In equitable distribution states it is difficult to predict the outcome of property division in divorce, dissolution or legal separation. All assets are subject to the court’s discretion however if you have separate property assets that you want the court to confirm as your own, gather all of the necessary evidence that proves you acquired the property before marriage and there are no special circumstances in your case that justify a judge or commissioner awarding any of the property to your husband. Alternatively Family Law Lawyer Colorado Springs reminds us that, consider negotiating your divorce settlement and the distribution of property so you can avoid the sometimes unpredictable and subjective decisions of family court judges and commissioners.

Family Law Lawyer Colorado Springs: Equitable Distribution of Property