Divorce Lawsuit: Divorce and Legal Separation

by Steven C.

In the United States, there are statistics that indicate that half of all marriages will end up in a divorce or legal separation. Often people do not differentiate between divorce and legal separation.

Both divorce and legal separation refer to the situation when a couple decides not to live together anymore. But being separated is much different than being divorced. What does legal separation mean? Legal separation generally refers to a court order which acknowledges that a couple is no longer living together and that all the issues regarding the marriage have been resolved. A legal separation generally means that both parties reached an agreement concerning child custody, child visitation, child support, spousal support or alimony, distribution of property, attorney fees, and personal conduct.

However, in a legal separation both parties remain married to each other. Indeed spouses who are just legally separated are not allowed to marry another person. Divorce, also known as a decree of dissolution of marriage, is also a court order but it is for the purpose to dissolve or terminate a marriage. Both parties are allowed to marry another person following a divorce since they have returned to an unmarried status.

An annulment differs from a divorce on the ground that this process is meant at simply canceling a marriage. What are the benefits of a legal separation? Legal separation often takes place when both parties prefer to stay married for religious reasons. That's why legal separation is often coined catholic legal separation since it preserves the religious marriage. Legal separation is not only pursued for religious reasons, but also for tax reasons.

Unlike a divorce, the non-custodial parent may be able to deduct from his/her income taxes spousal support payments. Some also prefer not to wait for the state statutory waiting period for termination of marital status. That's one of the reasons why a legal separation is often pursued to set the parameters for dealing with one another while living separate and apart while keeping the married status, and leaving an opportunity for a reunion or resumption of marriage. However being legally separated is not a requirement before filing a divorce.

In other words, a legal separation is not a prerequisite of the dissolution of a marriage or divorce. If you are considering a legal separation, divorce, or dissolution of marriage you would be wise to consult an attorney who can inform you legally about your particular divorce or legal separation matter.

© 2006 Child Custody Coach
About the Author
Child Custody Coach provides child custody information and help. "How to Win Child Custody" is a custody strategy guide. Custody Match help you find a divorce lawyer, family law attorney, or child custody attorney.

Santa Barbara Divorce Attorney

by Steven C.

Santa Barbara County has over 2,000 Santa Barbara attorneys or Santa Barbara lawyers registered with the State Bar of California. Some popular cities within Santa Barbara County where Santa Barbara County attorneys may be practicing law are Buellton, Carpinteria, Casmalia, Goleta, Guadalupe, Isla Vista, Lompoc, Los Alamos, Los Olivos, Montecito, New Cuyama, Orcutt, Santa Barbara, Santa Maria, Santa Ynez, Solvang, and others. With so many attorneys practicing law in Santa Barbara County California, how do you find the right Santa Barbara County divorce attorney or Santa Barbara County divorce lawyer who can help you with your particular divorce case and/or child custody case?

First, an experienced Santa Barbara divorce attorney or Santa Barbara divorce lawyer should have experience and legal expertise in the field of family law. Family law covers a variety of topics such as divorce or dissolution of marriage, paternity, domestic partnerships, child custody and visitation, domestic violence, restraining orders, spousal support, child support, guardianship, adoptions, community property, division of property, and more.

Some Santa Barbara divorce attorneys may specialize or have more experience than others in specific areas of family law. For example, some Santa Barbara attorneys are certified by the State Bar of California or an organization accredited by the State Bar of California as a specialist in the field of family law. Currently, Santa Barbara County has approximately a dozen Certified Family Law Specialists (CFLS) registered with the State Bar of California. These Santa Barbara County attorney's have made efforts to become State Bar certified in the field of family law. In other words, of more than 2,000 Santa Barbara County attorneys in California, approximately a dozen are Certified Family Law Specialists (CFLS).

However, just because a Santa Barbara County attorney is not a Certified Family Law Specialist does not mean he/she is not qualified and/or experienced to handle a Santa Barbara County family law, divorce and/or child custody case. In fact, there are many well-qualified Santa Barbara County attorneys or Santa Barbara County lawyers who do not hold State Bar certifications. If you are searching for a Santa Barbara County divorce attorney or Santa Barbara County divorce lawyer and you do not know what to look for or where to begin, narrowing down your search to only those who practice family law in Santa Barbara County may be a good place to begin.

Further, an experienced Santa Barbara divorce attorney or Santa Barbara divorce lawyer should have success representing clients on child custody and divorce cases in Santa Barbara County. He/she will likely be familiar with the judges, processes, and procedures in the Santa Barbara County family court which an attorney outside of Santa Barbara County may not have. However, just because an attorney or lawyer is not located in Santa Barbara County California does not mean he/she is not qualified and/or experienced to represent you on a family law, divorce, or child custody case in Santa Barbara County. Ultimately, if you have a child custody and/or divorce case in Santa Barbara County, you will want to investigate any prospective attorney's background and experience and choose the right divorce attorney or divorce lawyer you believe can help you with your Santa Barbara divorce case and legal need.

© 2006 Child Custody Coach

About the Author
Child Custody Coach provides child custody information and help. "How to Win Child Custody" is a custody strategy guide. Custody Match help you find a divorce lawyer, family law attorney, or child custody attorney.

Rights of Fathers When it Comes to Divorce

by Sandy Baker

Sadly, when it comes to divorces, no matter what the reason, the children are the ones who suffer the most. This is especially true in situations involving adultery or abuse. Certainly there are situations where minimal contact with the father and his children is justified, such as in cases of abuse, especially sexual abuse; however, this is not the case in most divorces.

Mothers can become bitter and vindictive animals when they feel they are the victim in a divorce. Except in cases of mental, physical, or sexual abuse, keeping the child from the non-custodial parent is nothing less than a way for the wronged party to plot revenge against the other person, and using the children to accomplish that will cause irreparable harm over the course of time. Even the father who committed adultery violated his marriage vows but not his priority as a father. He may indeed still love his children very much, and though he voluntarily or involuntarily no longer lives with their mother, he still has rights as a divorced father.

Each state differs in the rights of divorced fathers regarding their children, so you will need to review the code in your state or ask your attorney. Rest assured that unless you have done something detrimental to your children such as physical or sexual abuse or you have routinely been intoxicated or high in front of them, the courts will award visitation rights. Depending on the laws in the state where you reside, this may include joint custody of the children. Do not be misled by the term 'joint custody', this does not necessarily mean that you will have physical custody as much as the mother will. What it does mean is that you will have as much of a say in their upbringing as the mother.

In most states, visitation rights amount to a minimum of every other weekend, every other holiday, and a specified number of weeks during the summer. You may request a different arrangement, or if the divorce was amicable, make your own arrangements with your ex-wife. The important issue is to make certain all arrangements are in writing so that there is no question of your rights being violated and so that both of you know exactly what is expected. This also gives you an outlet for contempt of court if your ex-wife should attempt to restrict or eliminate visitation or contact with your children.

About the Author Sandy Baker is well resepected writer whom works with the best divorce lawyers, whom deliver results for their clients.

Divorce lawyer: Child custody: while you are getting divorced

by Ami Detroja

Divorce and child custody cases are often sensitive and emotional matters. A good and sensitive attorney, who understands you and your needs, can formulate a plan to protect your rights and assets. Divorce affects you in two ways financially and emotionally. Typically, the parent who does not end up with primary custody of the children will have a faster economic recovery from divorce. When you decide live separately, at that moment you not think about your children.

How much they will get affected, by your this kind of big decision? Your children are your responsibility and you cannot ignore them. Please keep in mind that the purpose of custody legal action is supposed to be to determine the best home environment for the children. When parents engage in bitter, spiteful, aggressive litigation, they make the transition much more difficult for their children, and they also damage their ability to communicate once the litigation has ended.

If you understand your children, their needs and emotions then child custody will not be a big problem for you. But if both mother and father think that children will be happy with them, problem arises at the big level. At that time, they require good legal advisor who help them. Most of child custody lawyer suggest that information gathering is the heart of the child custody.

You can obtain the information from a variety of sources like school reports, previous assessments, and medical reports and often includes a review of court records pertaining to the current action, criminal reference checks on parents and at times new partners and Children's Aid Society reports.

In addition to the gathering of reports, required interviews of the parents and the children in various combinations are taken by the assessor. Where a parent has a new partner, spouse or girl/boy-friend, they will likely be included in the interview process. They can include other family friends, employers, colleagues, teachers, professionals and extended family members if deemed necessary by the assessor.

After completion of the information gathering and all, assessor prepares a detailed report that sets out recommendations for parenting arrangements to meet the best interests of the child. The recommendations specify a parenting plan that can include who has primary responsibility for making decisions affecting the child's life, living/care and school arrangements and may also include recommendations for parents and/or child to address gaps or concerns related to parenting abilities.

The process ends with a disclosure meeting with parents to review the report; it may include parent's lawyers also. They make sure that the information on which they are giving the child custody, are correct and both parents and lawyers understand the report and recommendations. Even after a long discussion, I think that it will be better if parents try to solve this problem out of the court. By this process children really get hurt. It is my personal advice that keeps away your children from your personal problems.

Legal Separation - What You Need To Know

by Morgan Hamilton

A divorce is one of the worst things that can happen to a family. It can tear families apart, and leave everyone feeling miserable. Most couples try as hard as they can to save their marriage before deciding to make divorce their final step. Legal separation is an option that married couples can turn to when they have major problems in their relationships. It is the act of living separate lives without divorcing. It is an opportunity that gives each partner time to decide what they really want, to work though issues, and to try to patch up their problems.

Legal separation can sometimes fix relationships, and it may also reinforce the need for divorce. A lot of issues may come into play with a legal separation. You may be able to pay your taxes separately, which can be an asset, and you may have to worry about child custody issues as well. You may also have to worry about who will make the house payment, who will drive what car, and who will care for any family pets. It is a good idea to get the advice and assistance of a good lawyer if you decide to enter into legal separation.

This will help you in figuring out what you need to do, and what your rights are. You may try to handle this option on your own, but beware of making mistakes. Any mistake you make during legal separation can affect the outcome of your divorce, and have an impact on child custody issues. You can find many websites and articles on the Internet that offer information about legal separation if you want to have some information before going to see a lawyer. Since laws will vary from one state to another, you should be careful when you are going through this information.

You should also keep in mind that not all information you find online will be accurate. If you try this option as a last resort to save your marriage, don't feel bad about it. There is nothing wrong with doing what you think is best for your family and for yourself. Legal separation can save your marriage, or at the very least, make you more comfortable with your decision to end your marriage.

About the AuthorMorgan Hamilton offers expert advice and great tips regarding all aspects concerning Legal Separation. Visit our site for more helpful information about Legal Separation and other similar topics.

San Diego Divorce Attorney

by Steven C.

San Diego County has over 10,000 San Diego County attorneys or San Diego County lawyers registered with the State Bar of California. Some popular cities within San Diego County where San Diego County attorneys may be practicing law are Alpine, Bonita, Bonsall, Borrego Springs, Boulevard, Camp Pendleton, Campo, Cardiff by the Sea, Carlsbad, Chula Vista, Coronado Del Mar, Descanso, Dulzura, El Cajon, Encinitas, Escondido, Fallbrook, Imperial Beach, Jacumba, Jamul, Julian, La Jolla, La Mesa, Lakeside, Lemon Grove, Leucadia, Lincoln Acres, Mount Laguna, National City, Oceanside, Pacific Beach, Pala, Palomar Mountain, Pauma Valley, Pine Valley, Potrero, Poway, Rainbow, Ramona, Rancho Bernardo, Rancho Santa Fe, San Diego, San Luis Rey, San Marcos, San Onofre, San Ysidro, Santa Ysabel, Santee, Solana Beach, Spring Valley, Tecate, Valley Center, Vista, Warner Springs, and others. With so many attorneys practicing law in San Diego County California, how do you find the right San Diego County divorce attorney or San Diego County divorce lawyer who can help you with your particular divorce case and/or child custody case?

First, an experienced San Diego County divorce attorney or San Diego County divorce lawyer should have experience and legal expertise in the field of family law. Family law covers a variety of topics such as divorce or dissolution of marriage, paternity, domestic partnerships, child custody and visitation, domestic violence, restraining orders, spousal support, child support, guardianship, adoptions, community property, division of property, and more.

Some San Diego County divorce attorneys may specialize or have more experience than others in specific areas of family law. For example, some San Diego County attorneys are certified by the State Bar of California or an organization accredited by the State Bar of California as a specialist in the field of family law. Currently, San Diego County has approximately 150 Certified Family Law Specialists (CFLS) registered with the State Bar of California. These San Diego County attorney's have made efforts to become State Bar certified in the field of family law.

In other words, of over 10,000 San Diego County attorneys in California, approximately 150 are Certified Family Law Specialists (CFLS). However, just because a San Diego County attorney is not a Certified Family Law Specialist does not mean he/she is not qualified and/or experienced to handle a San Diego County family law, divorce and/or child custody case.

In fact, there are many well-qualified San Diego County attorneys or San Diego County lawyers who do not hold State Bar certifications. If you are searching for a San Diego County divorce attorney or San Diego County divorce lawyer and you do not know what to look for or where to begin, narrowing down your search to only those who practice family law in San Diego County may be a good place to begin.

Further, an experienced San Diego County divorce attorney or San Diego County divorce lawyer should have success representing clients on child custody and divorce cases in San Diego County. He/she will likely be familiar with the judges, processes, and procedures in the San Diego County family court which an attorney outside of San Diego County may not have.

However, just because an attorney or lawyer is not located in San Diego County California does not mean he/she is not qualified and/or experienced to represent you on a family law, divorce, or child custody case in San Diego County. Ultimately, if you have a child custody and/or divorce case in San Diego County, you will want to investigate any prospective attorney's background and experience and choose the right divorce attorney or divorce lawyer you believe can help you with your case and legal need.

© 2006 Child Custody Coach


About the Author
Child Custody Coach provides child custody information and help. "How to Win Child Custody" is a custody strategy guide. Custody Match help you find a divorce lawyer, family law attorney, or child custody attorney.

Divorce and Premarital Agreements: What are Premarital Agreements?

by Steven C.

Before getting married, many couples are now choosing to reach a pre-marital agreement. Premarital agreements also know as pre-nuptial or ante-nuptial agreements, once seemed to be reserved to Hollywood stars or Celebrities for Hollywood divorces or Celebrity divorces.

However, over the last decade it became more and more common for the common spouse to sign a premarital agreement contract with his/her future spouse, especially on the West Coast. Most people believe that premarital agreements are only meant to allow both parties to keep their own assets if the marriage fails.

But a premarital agreement can also provide children the right to receive the assets, or a large part of them, if both parents pass away. One of the main purposes of a pre-marital agreement is to work out all the divorce details rather than leave these potential issues unresolved. The increasing number of pre-marital agreements can be seen as an indicator that couples acknowledge that their marriage has a fifty percent chance of ending up in divorce and prefer to reach an agreement prior to marriage in order to prevent future disputes in the event of a divorce or dissolution of marriage. What makes a good pre-marital agreement? A pre-marital agreement covers wide arrays of aspects and it is important to determine what you should and should not include in your pre-marital agreement.

First, a pre-marital agreement should contain a detailed pre-marital history and family circumstances. This can be very important when one party is marrying for a second or third time and has other children. Provisions should be made to consider the past history of one party.

Second, there must be a thorough written disclosure of both parties' assets and liabilities brought into the marriage.

Third, the agreement must stipulate how earnings during the marriage period will be shared in case of a divorce. Eventually, the parties should be given enough time to thoroughly review the agreement. This is why couples are seeking to be more advised about pre-marital agreements and are reaching pre-marital agreements well in advance of the wedding.

Do I need an attorney to make a pre-marital agreement? If you decide to reach a pre-marital agreement with your future spouse you may want to consult an attorney. Even though a pre-marital agreement may not look so complicated on its face and you think you could save some money by doing it yourself it could be helpful to at least consult an attorney who can provide you with legal advice on premarital agreements. In theory, you are not legally obliged to hire an attorney.

But without legal counseling, a pre-marital agreement could create more issues than solving them if not done correctly. You do not need the best family law attorney in San Francisco or Los Angeles who deals with stars and celebrity divorces. However, you would be wise to consult an attorney to learn what steps you need to take legally. Premarital agreements do not always have to be expensive and can often be handled by a general practicing attorney.

© 2006 Child Custody Coach About the AuthorChild Custody Coach provides child custody information and help. "How to Win Child Custody" is a custody strategy guide. Custody Match help you find a divorce lawyer, family law attorney, or child custody attorney.

Documents You Need For Your Divorce

by John Pawlett

This article is designed to give someone who is considering or planning for the possibility of divorce an idea of what documents are needed. Even if you believe your case ultimately will be agreed to and settled without a trial, you will be in a much better position if you already have the relevant documents in your possession. Better safe than sorry. You should locate the relevant documents, make copies, and keep them somewhere secure, like your office or with a friend. You will then have access when it is needed.

Here are the most important seven categories of documents you should focus on.

1. Income Documents Your spouse's income is relevant to a number of issues in a divorce case. At a minimum, get your spouse's last paycheck statement and your most recent tax return. Ideally, you would have access to all tax returns filed during the marriage, along with all supporting documents and schedules.

2. Bank Records The monthly bank statements are very important and can lead you to other documents (cancelled checks, deposit slips, registers, etc.) that you also may need to obtain. Get at least the most recent statement for each account that is either held in your name, your spouse's name, or jointly. If possible, get copies of all statements going back to the date of marriage. In most cases this volume of records is not required, but in some cases these records can be very helpful and even necessary to analyze the case.

3. Retirement and Other Investment Records Often the biggest asset a couple will own will be a pension account. So you will definitely want the most recent account statement and ideally all statements dating back to the time of marriage. Also, the last statement prior to marriage can be very significant (especially in community property states) to show the pre-marriage balance.

4. Credit Card statements Again the most recent statements are a necessity, but a lot of important evidence can be garnered from the historical statements. In some cases, the credit card statements will show questionable transactions that can be of real evidentiary value. For example, they might show evidence of gifts or dinners purchased for paramours, questionable hotel rentals, or other dubious purchases.

5. Real estate documents The most important real estate documents are the Deed of Trust and Warranty Deed for any property you currently own. If you have the entire file from (the giant stack of paper you got after the closing) for each real estate purchase or refinance transaction during the marriage it can be helpful. Additionally, documents evidencing real estate owned by either spouse prior to marriage can be significant, especially in community property states.

6. Mortgage statements & any Other Debts You should get the most recent statements showing the current payoff balance for any other debts. For those debts that have only a coupon book with no regularly generated statements showing the current balance, you will probably need to contact the creditor by phone for the current payoff information.

7. Relevant emails or other correspondence Correspondence or emails can be extremely helpful (or damaging, depending on your viewpoint) pieces of evidence in the case. Whether the communication is between spouses or between a spouse and some third-party, the communication is potentially relevant.

Two common examples would be where your spouse makes a damaging admission about some issue in the case, or communications with paramours. Conclusion Determining which documents you need to obtain for your divorce case can be a very time-consuming and daunting task. Use this list as a starting point and discuss your situation with a quality divorce attorney. This person should be able to advise you specifically on the documents you need to obtain in order to protect your interests.

About the Author UK Divorce Law is an informative resources site on Meeting People Online. Find out how UK Divorce Law can expand your horizons.

How much does a divorce cost?

Author: Hope Ocampo

The legal costs and professional fees may be overpowering at first sight but the actual cost of divorce can range from context to context. It would make sense for you to ask your divorce attorney how much exactly your case will cost, but this is one question which is not quite as simple as it may seem.

The variables of a divorce case
This is because a number of variables come into the picture of your divorce case. Unlike personal injury cases where the lawyer may accept contingency fees, your divorce attorney is paid for the number of hours he/she actually puts into the case. This means that even if you wait 2 hours at the court just to get in 15 minutes with the judge, you'll be paying for your attorney's waiting time as well, (and maybe even his/her travel time too!) The total number of hours spent on your case and your lawyer's rate will determine the amount due.

Budgeting time with your lawyer is difficult to control
Even as you may budget your time with your divorce lawyer, you do not have power over your mate's lawyer. If your mate thinks that your divorce case is complex, there may be a number of issues that will need to be discussed in order for the case to be settled. Because of these variables, it is not viable to measure exactly how much time in court will be needed. By not reaching an agreement with your mate outside of court, you will be sure to deal with the costs of filing fees, legal documents, and trial appearances where your legal representatives must be present. Put together, all of these costs can get quite high.

Keep track of costs
Your divorce lawyer will be required to be present with you at

Court Conferences.
Expect at least 3 conferences: preliminary, compliance, and pre-trial. Because of the heavy traffic of cases in the Court calendar, there may very well be a significant amount of waiting time for your scheduled conference. This time spent idle will actually be part of the cost you will pay for, since you are paying your lawyer for his/her hourly rate. Even the travel time of your divorce lawyer may be billed as well. In order to keep track of costs, you must make sure you are aware of the Retainer Agreement. The Retainer Agreement will show you exactly what your lawyer has accomplished and what amount of time he/she has spent on the case. Jumping to the first lawyer you talk to is not a smart move. Different lawyers vary in their rates for particular duties. Make sure to check out the ranges and choose your attorney accordingly.

Costs increase with experience
An experienced lawyer will naturally be more expensive than a fresh graduate. If you are dealing with many twists and turns regarding disagreements with your spouse, you may opt to go with an experienced lawyer instead. But there are agencies which make use of the work of associate lawyers or paralegals as 'assistants' to experienced attorneys, and this can reduce the ultimate cost of your legal fees in comparison to paying for the full-time work of a lead attorney. The hourly rates of these associates or paralegals will be less than their seniors and this can result in a reduction of overall legal costs.

Check if your lawyer requires a minimum fee. Make sure that you discuss beforehand if your divorce lawyer will charge a minimum fee for your case. These minimum fees, which are hours of work paid in advance, will not be returned if fewer hours were spent on your case as a whole. On the other hand, if more hours were spent on your case, you shall expect to pay additional.Ask specific questions in order to get a better idea of the particular cost of your case. To learn more about divorce, please visit Divorce Guide.

Is there such a thing as a cheap divorce?

Author: Hope Ocampo

There are a lot of different ways to handle a divorce. By researching about the options open to you and your spouse, you may come upon a cheaper way to deal with your divorce. ? Find out what expenses are involved One must figure out what expenses are involved in the process of a divorce. Once you have checked up on this on the internet or from consultation, one by one you can find ways to minimize the various expenses.

? Represent yourself in court

You may even decide to forego the cost of a divorce lawyer altogether and rely on a do-it-yourself divorce or represent yourself in court. Divorce kits are also available to help you fill out and complete legal paper work on your own.

? Screen for the present professional rate of divorce attorneys

Concerning legal representation, you must of course screen the professional rate of divorce lawyers at present and pick the most affordable yet still reliable firm or individual practitioner. ? Scan for any available free divorce forms Regarding the paperwork, not only must you try to do an online search for available divorce forms but you ought to scan for any free divorce forms and papers that are offered to the public.

? Seek the help of a free counselor If you and your spouse are experiencing much difficulty communicating with one another, you may opt to seek the help of a free counselor whom may serve as a mediator between the two of you. This may assist you in working out the divorce procedures without any added cost as well.

? Keep an eye on your expenses

One should be fully aware of all the possible expenses involved and keep an eye on them. By keeping your own personal account of the money put out during the divorce process you won't end up being surprised by a sudden large amount by the end of the case. If you don't just settle for the first rates offered to you, you can save money but don't think that it will be a tireless process. One should double their effort and attention in trying and keeping the expenses down to a minimum.

? Don't stress over set legal court costs

There may be certain legal costs pertaining to the court in your state that are set, so don't bother stressing yourself over these expenses for they are amounts of money you'll have to shell out no matter what. Instead, try to put your focus on the variables like certain legal representation or the cost of different divorce kits or divorce form packages. Cutting costs here and there can save you money in the big picture.

To learn more about divorce, please visit Divorce Guide.

Divorce Lawyer Costs - 4 Costly Mistakes to Avoid

by Steve C
The overall cost of your divorce can be impacted by several behaviors you may be able to control. When a marriage dissolves there are several important topics that need to be addressed and sorted out such as child custody and visitation, division of property, and support.

Recognizing the following 4 behaviors and how to manage them ahead of time may be able to help your divorce lawyer properly gather the information he/she needs to put your case together and can reduce your divorce costs at the same time.

(1) Having unclear objectives
(2) Being overly enmeshed in your case
(3) Using your lawyer as a therapist
(4) Expecting justice in the courts

Having unclear objectives One of the biggest mistakes you can make at the outset of your divorce is to not know what it is you hope to accomplish. Before you begin filing or responding to divorce motions, you would be wise to discuss your goals, objectives, and what results you can likely expect with your divorce lawyer. Having such a discussion with your divorce lawyer can help reduce the chances of unnecessary litigation, help you understand what you can likely expect through your divorce, and what the costs may likely be.

Being overly enmeshed in your case Divorce typically deals with topics that bring about high emotions and intensity, which may result in a spouse becoming overly indulged or enmeshed in his/her case. When this happens, it is not uncommon for a spouse to supply large amounts of irrelevant research material to his/her divorce lawyer, which can drive up the costs of attorney fees. Additionally, a spouse that is enmeshed in his/her case, may begin micromanaging their divorce lawyer's work, which can create more work for his/her divorce lawyer and be counter productive. Setting clear objectives and goals and knowing what to expect from your divorce lawyer in advance can help reduce the tendency to become overly enmeshed in your case.

Using your lawyer as a therapist Due to the high emotions that typically go along with divorce, it is not uncommon for spouses to begin venting or discussing problems they had in their marriage or how they feel about the other spouse with their divorce lawyer. Many times, these types of discussions are strictly emotionally based, add no value to the client's case, and are discussion better suited for a therapist, not a divorce lawyer. Divorce lawyers are typically concerned with facts, not feelings. Additionally, the time a spouse spends in these types of emotional communications with his/her divorce lawyer can add up in costs very quickly. Before initiating communication with your divorce lawyer, decide if the communication is strictly to vent or to pass on worthwhile information on to him/her.

Expecting justice in the courts Spouses many times believe that if they can just have their day in court, justice will prevail. Spouses who believe that the courts are going to give them justice are often misguided and end up extremely disappointed with the results. Better results and happier divorce endings are often accomplished through mediation and/or stipulated agreements. When a judge makes a decision, it is rarely a win-win decision for both spouses. To manage your expectations of justice in the family courts, you would be wise to consult your divorce lawyer to help you determine what results you can likely expect if your case goes to trial.

© 2006 Child Custody Coach
About the Author Child Custody Coach provides child custody information and help. "How to Win Child Custody" is a custody strategy guide. Custody Match help you find a divorce lawyer, family law attorney, or child custody attorney.

How to Choose a Family and Divorce Lawyer in Toronto

Author: Erwin Seltzer

Choosing a Divorce Lawyer or a Family Lawyer in large urban centers such as Toronto, Thornhill, Markham, Richmond Hill and Vaughan, can be very challenging due to the large amount of divorce lawyers and family lawyers practicing in these areas in Ontario.

Experienced divorce lawyers and family lawyers can help you through a very stressful time in your life and also help you avoid very costly financial and emotional mistakes. Very difficult and life altering decisions must be made, affecting many personal and important issues, such as child custody, child access or visitation, joint custody, child support, spousal support, property division, debt division, equalization of net family properties, the matrimonial home, separation agreements, among many others. Choosing the right divorce and family lawyer is the key to obtaining the best results in your divorce.

You and your children's rights and well being may be affected for many years in the future. Divorce and family laws are full of many legal technicalities and are frequently subject to legal interpretation and your divorce lawyer or family lawyer must be experienced in these areas. Issues of child custody and child support can profoundly affect your children's ongoing development.

If you or your spouse is considering divorce proceedings, it is essential that you consult a divorce and family lawyer to find out your rights and obligations. Do not sign anything or take any action that can affect you or your children's rights, without getting proper legal advice from a qualified family and divorce lawyer.

Hiring the right divorce and family lawyer requires more work than simply looking through your local yellow pages. You can start your search for a divorce and family lawyer by talking to friends and family and asking for referrals. Contact your real estate or business lawyer for a referral to a family and divorce lawyer. There are many other ways to find divorce and family lawyers as well. When you have found some, Google the divorce and family lawyers' names and read any articles they may have written.

Family and divorce lawyers should be chosen on the basis of their experience and years of practice. Does the divorce lawyer specialize in, or primarily handle, divorce, child custody, child access or visitation, joint custody, child support, spousal support, property division, debt division, equalization of net family properties, the matrimonial home, separation agreements and all other related family and divorce law issues. Lawyers who also practice business law, real estate, criminal law etc. are generalists and do not specialize in divorce and family law.

When you meet with a family and divorce lawyer, ask questions but, prepare your questions in advance ? how is child custody, child access or visitation decided, what is joint custody or shared custody, how much will you receive or will you have to pay for child support and for how long, how does spousal support work, how will your property be divided and what is included, what happens to your home, who pays for your debts and loans, how much will it cost, what steps are involved in the process, how long will it take ? can you settle or do you have to go to Court, what is a Separation Agreement -

Ask what the lawyer's philosophy is about negotiating a settlement or litigating (going to court should be a last resort).

The family and divorce lawyer should be explaining all this and much more to you at your first meeting. Make sure the divorce and family lawyer you choose, answers your questions and makes you feel that you and your case is important and not just another number. Your lawyer should not talk to you in legalize but in plain ordinary language so that you understand exactly what is going on and what will happen in the future. You must choose a lawyer who you feel comfortable with and with whom you can trust to reveal your personal and confidential information and someone who will not make you feel foolish or uncomfortable for asking questions about things you do not understand.

Your divorce and family lawyer should be compassionate and understanding due to the emotional issues involved. Many divorce and family lawyers have gone through their own personal divorces and have experienced your situation personally as well as professionally and may be in a better position to empathize with you and understand exactly how you are feeling and how they can help you better.

Erwin Seltzer practices Family and Divorce Law in York Region and Toronto.Erwin can be reached at (905) 474-4333. www.erwinseltzerdivorcefamilylaw.itgo.com

How to Manage Divorce Lawyers

by Alex Fir

Divorce can be messy and difficult. You do not want to have a lawyer that never calls you or that never communicates with you. Before you hire a lawyer, you may want to look up some of your state divorce laws so that you have a better understanding of the situation.

You need to find legal representation and ask your lawyer about certain laws that you can file under. You will need to know what may prevent you from getting what you deserve like a pre-nup. You should also refer to other cases so that you know what to expect.

Sometimes your lawyer may sugar coat the situation, but if you are able to identify some of the things that could help your case, your attorney is also more likely to let you know the truth.

They will think that you have some general knowledge of the laws and if you are prepared your lawyer will be straight and honest with you. If you plan on having a huge divorce worth a lot than you will want to go with a firm to represent you. You can also help your lawyer prepare by telling them some things that may be used against your spouse and also be doing research. If you stumble across a law that can be used to your advantage then you are more likely to win because it might be something that your lawyer never thought of.

If you cannot afford a decent lawyer than you will need to hire a bono lawyer. They have limited knowledge and resources. They may not know the law as well and may want to just settle. If you learn how to investigate, your own divorce than you should be able to tell your pro-bono lawyer to build the case against your spouse and then you will be more likely to get what you deserve in the case.

You should also research the laws for quick settlements. Once you get a quick deed, then it cannot be undone and you may end up with less than what you started the process with. You should know that there are tax payments that would be paid. Each state has certain laws when it comes to the quick divorce. You will also need to research any other taxes or fees that may be paid for things like property or the interest of property.

To do the proper research you may want to ask your lawyer what you should do and how you can help. You can also go online and begin to search for cases and laws that may be helpful to you. You will want to make sure that you keep all financial records that were saved during the marriage. This way you know what everything was paid and how much the depreciation of such goods would be. This will be a big help while going through the divorce.

If you have children, you will have to research a lot of the state laws. This way you know exactly what the chances of you getting full custody are and what shared custody means. You will also want to check to see what the parent's limits are. You may not be able to take children out of the state during a divorce, so you will want to know what you can do, as well as, what your spouse and do within the limits of the law. You will also want to know what you can do legally to obtain information and when things need to be files so you know exactly what's going on in your divorce process.

About the AuthorAlex Fir shares a wealth of information on his website Divorce Information Center. If you need divorce help visit his site right now.