Finding A Divorce Attorney

by Gunaseelan

Divorce is a difficult time for anyone to contend with, and it can be made more complicated by the involvement of lawyers and the ultimate squabbling over money. With the right divorce attorney in the ideal world, your separation should be a straightforward communicative exercise in which a fair and just conclusion is reached for both parties without the need for litigation or costly ongoing legal expenses. Unfortunately, it rarely works like that in practice, which can make that first decision to choose a divorce attorney all the more important. So what should you look for in a divorce attorney, and how can you make sure the attorney you've chosen is up to the job?

The first thing to look for when choosing an attorney for divorce is whether or not family law is his area of practice. Family law and divorce in particular is a specialised area of the law in which many practitioners solely operate, giving them an unrivalled in-depth knowledge when it comes to the ins and outs of dividing estates and divorce. However there are also countless local practices with one attorney or a couple of attorneys in partnership providing the full range of legal services which isn't the best route to go down. Specialisation will give an advantage in court so make sure your attorney is a dedicated family law and divorce professional, rather than a general attorney who takes whatever work he can find.

Characteristically, attorneys are shy when it comes to discussing their fees - until, that is, they're looking to get paid! That's why you want a divorce lawyer that is upfront and honest with you in terms of what you're likely to have to pay, and what your current account balance stands at. Some attorneys offer a periodic invoice system or payment plan, which may also be helpful in allowing you to stagger payments if you have liquidity problems or can't really afford to go through the process of divorce.

Next you want to make sure that the attorney you do select is very much 'on your side'. Some attorneys, albeit towards the bottom of the scale, take minimal interest in what it is their clients are looking to achieve, but rather adopt the approach of opting for the path of least resistance in getting through the case and getting paid. Of course this isn't an ideal situation if you end up as that unfortunate client, so make sure you get a recommendation from a friend or reputable source prior to committing yourself to his services.

Choosing a solicitor is not an easy process by any means, and it is one that requires a great deal of foresight and perceptiveness. Of course no one really knows what's round the corner but it is important to try as hard as you can to predict where your lawyer may trip up prior to the complications that any divorce case can bring. Choosing carefully initially will help you avoid the potential disaster that is changing half way through the divorce proceedings.

About the Author
For information on finding an attorney for divorce or on divorce law, or resources on serving divorce papers visit DivorceAdvisor.org.

Divorce Law: An Introduction

by Gunaseelan

Divorce is a complex area of the law, and one that varies depending on the jurisdiction in which the case is being hears, which is usually the jurisdiction of domicile for the defender or defendant in the given action. Whilst no two sets of divorce laws are identical across jurisdictional borders, most abide by certain general principles and overarching rules that should be considered when embarking on pre-divorce haggling and the court process itself, wherever you live, to avoid any dissatisfactory outcome or to prevent disappointment following the court order when it is finally granted at the end of the case.

Grounds For Divorce Most jurisdictions require that before a divorce can be sanctioned, there be a reason for the divorce that is both legally valid and accepted. Common grounds for divorce include adultery, the commission of a crime against the other spouse, or more commonly some general provision about the unworkability of the marriage, whether as a result of a gradual deterioration in personal relationships or simply as a result of a significant row or fight. Of course where this is disputed the court will look into the matter and rule accordingly, although most jurisdictions do now have some form of general, uncontestable provision like a simple 'breakdown of marriage' clause.

Length Of Marriage In most instances there will be a minimum default length of time marriages must run for before a divorce can be sanctioned. Whilst in certain occasions there are no minimums, most jurisdictions impose a two year rule, or a five year rule, by which the court must abide in granting any decree of separation. This is designed to protect the sanctity of marriage to at least a certain degree and to ensure that people do understand prior to getting married that there is a legal tie-in period, on public policy grounds. However this area of divorce law in particular is rapidly changing, and may ultimately find itself out of favour worldwide.

Fairness In terms of any settlement there is usually an overriding principle of fairness adopted by the courts in working out who gets what. Of course there may very well be strict legal rules as to what is decided but, particularly in common law systems, there is an overall consideration of what is fair on both parties and what is just or equitable given the circumstances of the split. Obviously as an area of personal life, the courts will look to attempt to gain the best possible ground for both parties, even where one party is staunchly opposed to the other gaining any ground whatsoever. For this reason it's probably best to save everyone the hassle and agree on something that is objectively fair from the outset.

Division Of Property Of course, one of the major issues arising from divorce is that of division of property. Whilst it is different in each jurisdiction, the higher earner or higher net wealth spouse can expect to lose out overall to the other spouse, provided there have been no pre nuptial agreements drafted to the contrary. As a result, it's again probably best to go for an out of court solution if you think this may end up affecting your financial health.

About the Author
For more information and resources on the law of divorce, getting divorced or coping with the stress of divorce, visit DivorceAdvisor.org.

Arrangements After Divorce

Submitted By: Tracey Aldous

Maintenance.

After a divorce there is an obligation to maintain one’s spouse. This applies to both women and men. The less well-off partner can demand a financial settlement from the other. It can be an immediate payment of capital or the transfer of the marital home if children are involved. This type of settlement is known as a “clean break” settlement. Otherwise, maintenance may be paid in the form of periodic payments.

Rarely the court will order payment to a partner with a similar earning capacity to the other, or where the marriage was short, both partners were young and no children involved.

Older women who have not worked and spent most of their lives looking after the home and children may be entitled to significant benefits, including some of their husband’s pension rights on retirement.

The court will calculate the amount of maintenance the less well off party is entitled to, but they will also take a lot of other matters into consideration when doing this calculation, eg the loss of employment, or they may wish to start a new family. The less well off may also be eligible for benefits which will mean that they won’t need so much maintenance.

If the receiver of maintenance remarries, they will no longer be eligible for maintenance from the previous partner.

Children.

Conflict may take place over care of the children involved in the broken marriage. Both parents are legally responsible for the maintenance of their children until they turn at least 16 years of age. If there are children involved in a divorce, the decree absolute will not be issued until the court is satisfied that the children’s best interests have been agreed on.

The plaintiff will need to send the court a Statement of Arrangements at the outset. This will detail the children’s care, living arrangements and financial maintenance.

If the District Judge is unsatisfied with the statement, the couple will have to attend a hearing to discuss and issue a court order detailing further arrangements which must be complied to. The court has the power to enforce the order on the partner who does not comply with its requirements.

This article is to be used a guideline. In all cases, you are advised to seek professional legal advice in the form of a solicitor, or citizens advice bureau.

About the Author:
Tracey Aldous http://www.informationatyourfingertips.co.uk/ Tracey Aldous is a trainee accountant that enjoys writing freelance in her own time. She is currently working on her part owned website with a small group of like-minded professional people.