Divorce Issues You Need To Discuss With A Lawyer

Divorce is not at all simple. It does not only refer to legal separation or ending a couple’s marriage. It’s umbrella does include other complex issues such as child custody, alimony, etc.

Moreover, divorce becomes more complicated because of the heightened emotions of the parties involved, say for example the anger and incredible pain caused by the other spouse who cheated or the physical pain suffered by one spouse due to domestic violence.

But in some cases, couples mutually agreed to divorce which is fortunately a more peaceful and less complex ground for divorce.

Yet, whether it’s a fault or no fault divorce, conflict is still unavoidable regarding legal and financial matters. Therefore, you need to sort things out first and discuss all concerns about your divorce case with your lawyer.

What are the major topics you need to discuss with your divorce lawyer beforehand?

Marital property

Any property, including but not limited to real estate, car, furniture, jewelry, home furnishings, business assets, savings accounts, and even debts acquired within the duration of the marriage is considered a marital property which is subject to division during divorce.

Furthermore, the division of marital properties varies whether you’re residing in a community property state or common law property state.

In a community property state, both spouses equally receive properties regardless of whose name registered on the title or deed. Whereas in a common law property state, a property remains in the ownership of the spouse who purchase it under his/her name. And both of the couple’s names appears under the entitlement of a property, each is entitled to one-half interest.

Child support

Both parents in a divorce need to support their children financially until they are of legal age according to the law. And the amount of support to be provided is stated in a court order or in a written agreement between parties. Also, one spouse is required by the law to provide support to the other which is declared the custodial parent on behalf of their children.

Alimony

The assessment whether to award alimony to the other spouse and if so, how much and how long should it be is quite broad with no specific guidelines unlike child support.

There are many factors to consider, including the length of the marriage, the couple’s age, their physical and emotional health, standard of living while married, education level, employability and earning capacity and the distribution of responsibilities to their children.

The duration of providing alimony could be permanent, limited, rehabilitative, reimbursement or hence some combination.

Child custody

There are two ways that child custody is awarded; legal and physical custody.

Legal custody can be granted to both spouses as well as to only one parent, which has/have the right to decide about their child’s health, welfare and education. Whereas sole physical custody, is the award given to either one spouse to live with their children and only parenting time with the other. And if shared, a child can spend time equally with both parents.

The award is determined by the court based on some factors such as parents communicate and cooperate, the distance between the separate homes of parents and school of their child, the child’s special needs, the parents’ employment affiliations, the age and number of children and the child’s choice where he or she wants to live.

The process of litigating divorce varies depending on the state law of the area you are residing. So it’s really an advantage to consult it first with your lawyer.

Additionally, it could help a lot if you can determine your goals and the specific settlement you want out of your divorce before meeting with a lawyer, such as the type of custody, and the property you want. This way, your divorce lawyer can clearly advocate your part.

Seek help from the most trusted divorce lawyers in Annapolis, MD. Visit Wise & Donahue, PLC at 18 West Street, Annapolis, MD 21401 or you call 410-280-2023.

Wise & Donahue PLC
410-280-2023
18 West Street Annapolis, MD 21401
www.wisedonahue.com

The Importance of a Divorce Attorney

A divorce attorney will think about and investigate any possible problems that may come up during the divorce process. They will be looking for any unexpected legal issues that may become a challenge. Every case is different, so during your initial appointments, we will go over some of the things that you should anticipate and ensure that you are well prepared for what’s ahead.

1. Advise You of Your Options

All divorces are different and you may not realize the different options there are for requesting a divorce from the court. In some cases, you may go through a simplified divorce process if you and your spouse agree that all issues are uncontested. However, you still need to meet certain requirements for an uncontested case. You may also want to explore collaborative divorce, mediation, and other avenues besides traditional litigation. An attorney can help you decide which is best for your situation.

2. Identify the Issues that Need to be Addressed

Each divorce case will have different issues that need to be resolved before the divorce can be finalized by the court. Some couples may have a custody battle but may not own a home or much property. On the other hand, some spouses may demand extravagant alimony but they do not have any children. Some issues that may arise include:

Property division

Debt division

Alimony/spousal support

Child support

Child custody and visitation

Prenuptial agreement challenges

3. Protect Your Interests

It is only natural for each spouse in a divorce to want to face their future in the best situation possible. Unfortunately, this often comes at the expense of the other spouse and people can leave marriages in vastly uneven positions. You attorney will negotiate and argue for your best interests throughout the entire court process, including mediation, settlement negotiations, and court hearings to make sure you are not coerced into agreeing to a situation that is any less than you deserve.

4. Represent You in Court

Divorces can involve a number of court hearings and may even involve a trial if you and your spouse cannot agree on one or more issues. It is critical to have an attorney who is familiar with the family courts in your area representing you. Courts have strict rules and requirements and an attorney can present evidence in the most favorable light possible so that your rights are protected in court.

The most important decision you will ever make while going through the process of divorce is hiring an experienced divorce attorney annapolis md. The topics and information mentioned above may be pressing but you will still encounter many more important aspects of divorce that must be accounted for in order to achieve a successful result.

Looking for a sincere divorce lawyer Annapolis, MD? Visit Wise & Donahue, PLC at 18 West Street, Annapolis, MD 21401 or you may 410-280-2023.

How to Search Thoroughly for a Divorce Lawyer

Divorce happens even to the most secured couple. For some reasons, there will just come that time when you no longer see eye to eye, and you both need to resort to divorce. Because both of you think that it’s the best option. Sometimes it is the best option because everyone makes mistakes. Some marriages just weren’t meant to be, and divorce helps them start all over again.

A Divorce Lawyer Who Communicates Well

The difference between a successful divorce case and a failure is communication skills used by your lawyer. A good lawyer should be able to communicate well with your spouse as well as with the other attorney. Good divorce lawyer annapolis md should guide you and make things easy for you and not just look to increase their fees. This means that if certain settlements are possible without the lawyer’s help, then he should encourage you to do them. These can include property division and sometimes even child custody.

A Divorce Lawyer Who Is Honest

Honesty is a key attribute of good divorce lawyer annapolis md. Your divorce lawyer is the most important part of your team. He has to think about your welfare and be upfront with information even if it sometimes is upsetting to you. This saves time, emotional energy, as well as money. Experienced divorce lawyers will guide you through the process and get you to focus on the big picture and keep you from sweating the small stuff. Also remember that honesty works in both ways. You need to be completely honest with your lawyer and understand that the information you give him or her will not be made public, with the exceptions mentioned previously. It is usually better to admit you once committed a crime (or exercise the right against self-incrimination) than to lie about it under oath.

A Divorce Lawyer Who Is Compassionate

Good divorce lawyers are also good people managers—they realize that a divorce is more than just a legal separation—there are emotions involved. You need to find a lawyer that truly cares about you; a lawyer that wants to give you the best outcome and a lawyer that understands your feelings and emotions with the case. A lawyer that understands the stress you are under, and can help alleviate the aches and pains of the process by helping you along the way. An understanding lawyer is a great support during difficult divorces. At the same time remember not to lean too much on your lawyer for emotional support, it is costly and unproductive.

After you have decided whom you want to represent you, a reputable lawyer will send you his or her written agreement concerning fees and will give you time to ask questions about the agreement before you sign it. If a lawyer asks you to sign an agreement in his or her office without giving you the chance to think it over, look for another lawyer. Sometimes it's worth showing the agreement to your business or personal lawyer, whom you trust. If and when you do return the written agreement, you usually have to include the retainer check required as your initial payment.

 Wise & Donahue, PLC
410-280-2023
18 West Street Annapolis, MD 21401
www.wisedonahue.com

How Divorce Works: The Basics

Do you have any idea how the divorce process really works?

Others might describe it as simple and others, very complicated, but you’ll never know when you get there because every divorce case differs. So, what’s the first step when you want to legalize your separation with your spouse?

Learn the basics of how the divorce process works by consulting a divorce lawyer. This way, you’ll be properly guided and even get expert advice about what you should do next and so on.
You might want to read the following basic elements on how divorce is being legally processed:

1. Filing a petition

The very first step when you decide to get divorced is to file a petition which either one of you can file. But take note of the advantages when you are the first one to file, make a research maybe.
The petition will contain the grounds of your divorce, which depends on the jurisdiction. Don’t be weary about the nature of these specific grounds because your lawyer will clearly explain every detail of it and tell of the available options.

Where to file for divorce?

The process of your divorce petition as well as the required documents varies depending on the state, county, or district. Therefore, you better hire a divorce lawyer who primarily practices in your area.
Also, when you need to answer divorce petition, ask guidance from your lawyer about how to properly fill out the paperwork and even the consequences if you fail to answer the petition. Moreover, when you are the first one to file for divorce, you must file proof of the service process to show that a copy of the divorce petition was given to the other party.

2. Requesting temporary orders from the court

Financial support and child custody are the most common temporary orders in a divorce. When you don’t have any source of income to support your basic needs such as paying for electric bills, or to buy groceries, you can request a court order. Same with child custody, where you can temporarily look after your children and also ask your husband or wife for child support.

Temporary orders are only effective until a full court hearing. When you are the first one to file a divorce, file it together with your temporary order. And if not, you should file your temporary order as early as possible.

3. Negotiating with the other party

If the opposing parties already agreed on all issues regarding their divorce, then, no need to undergo negotiation. However, if a conflict is not yet settled, both parties should try to negotiate their differences. If major factors such as child custody and visitation is not yet agreed, the court may order mediation to be conducted by a social worker or a court employee evaluating the children and parents.

4. Court hearing

Your divorce case will not go under trial if there is total mutuality between you and your spouse. Because if both parties cannot solve a certain issue no matter what method had been made, the court will take action to decide for it.

5. Order of dissolution

This phase is where your marriage totally ends and where the final decision of the distribution of properties, debts, child custody, support and other factors is declared as per approval of the judge.
Be fully equipped with the right knowledge and with the right people before you file for divorce lawyer annapolis md to avoid adding salt to the wound. Don’t be too hard on yourself and just seek the help of a divorce lawyer.

Wise & Donahue, PLC
410-280-2023
18 West Street Annapolis, MD 21401
www.wisedonahue.com