Divorce Lawyer

It is not uncommon in divorce to experience credit issues or other financial problems. However, many people are often ambushed by the true scope of such issues and wind up in serious difficulties. If you are just beginning to go through a divorce, or if you have been experiencing financial problems even before your divorce begins, you may need to take steps to ensure that things do not get worse.

Take Steps Before You File

If possible, it is generally a good idea to do what you can to ensure your finances remain stable even before beginning divorce proceedings. The first step that should be taken, if you and your spouse remain on good enough terms, is to work together collectively to minimize or eliminate as many marital debts as possible, including closing or freezing joint accounts.

State divorce laws typically hold that debts acquired by either spouse “subsequent to the marriage” are classified as marital property, meaning that when your assets are divided, your debts will be as well. This can sometimes lead to you being on the proverbial hook to pay off a debt you did not incur.

It sounds somewhat counterintuitive, but it may also be wise to open a new credit card, solely in your name, and either leave the account alone or make small purchases and pay them off immediately. While many may not see this as an appropriate time to open a new credit card, it can actually help your credit to do so, because it reflects well when someone has access to credit that they either do not use or pay off promptly. Also, opening the card in your name only gives you access to a line of credit that your spouse cannot use – if you and your spouse have a tumultuous relationship, this can be a financial lifeline.

Document Everything

Regardless of the nature of your relationship with your soon-to-be ex-spouse or the amount of marital property to be divided, it is absolutely critical to document every financial transaction you undertake for the period of the divorce. This includes routine deposits in your own accounts or payments on shared bills like your mortgage.

For example, if you have to pay bills that by rights should be the obligation of your spouse, they should be paid, but by documenting the transaction, you will have recourse to demand recompense.

It may seem overly cautious but being able to readily cite financial information can help safeguard your personal assets as well as your credit. Most state laws hold that a person’s nonmarital property automatically goes to them, and if you have intangible assets like stock options or other financial instruments, being able to show they are yours exclusively can save you considerable time and money.

Contact a Divorce Law Firm

During a divorce, you have multiple issues and concerns to take care of, and if it can be avoided, your credit score should not be part of that list. If you have questions or need help in determining how best to safeguard your credit during a divorce.

If you are considering a divorce, you need aggressive legal representation and someone ensuring your rights to the marital estate and parenting rights are protected. Contact an experienced attorney, like a Tampa, FL divorce lawyer from The McKinney Law Group.

Divorce Lawyer

If you and your spouse have decided to divorce, it is important to understand that you wield a great deal of power when it comes to how expensive your divorce process will ultimately end up being. Much has been made in popular culture about how expensive divorce can be. It is true that some divorces are very expensive. There is also no question that dividing a household that has belonged to two people for more than a year or two into two distinct households is also an expensive endeavor. However, it is not a foregone conclusion that the legal side of your divorce needs to be expensive.

The Approach that Best Meets Your Needs

As an experienced divorce lawyer – including those who practice at AttorneyBernie.com – can confirm, the two greatest influences that will determine the expense of your divorce process are you and your spouse. If you both hope to keep costs low and you are willing to work together to resolve your differences, your divorce process does not need to cost very much, legally speaking.

How is this possible? If you and your spouse can come to an agreement about how your assets should be divided and, if applicable, how your child custody arrangements should be structured, you will not need to use the services of an attorney for very many hours. You will primarily need to work with an attorney to ensure that the terms of your divorce agreement are fair and that any paperwork required by the state is properly completed, submitted, and finalized.

Many couples discover that while they may not be in a position to draft the entirety of their divorce agreements on their own, they can reach a resolution about the issues that are keeping them from finalizing their plans without judicial intervention. Attorneys may lead negotiation sessions, may negotiate directly with the other spouse’s attorney, or can assist in negotiation sessions until a resolution has been reached. This approach costs more than the initial approach outlined above, but will likely not cost nearly as much as most contentious divorces do.

A contentious divorce process is one in which a judge is called upon to settle fundamental differences between spouses that cannot be resolved without a ruling from an independent party. The reason why contentious divorces tend to be the most expensive of all is that attorneys need to spend considerable billing hours preparing for court and arguing in court. Therefore, if you want to keep your divorce costs low, you can do your best to avoid pursuing a contentious divorce process.

With that said, you may have good reason to “dig your heels in” about a property division issue or a child custody matter. The risk of winning may be worth the cost of fighting with your spouse. Temporary costs now may save you money or stress later. Only you can know whether keeping your divorce costs low now is a more important priority than any others being affected by your divorce process.

Being prepared for a time when a person may be incapacitated and unable to handle their affairs is not something most young, healthy people think about. However, no matter where you are in life, having a plan in place that designates a person to take care of your interests in case of incapacitation is always a good idea. You can prepare for incapacitation by finding a person you trust and giving that person power of attorney. An estate planning lawyer can help.

Finances and Health Care

You can give a designated person power of attorney over your finances or over your health care. The person designating a power of attorney is referred to as a principal. Most people designate their agent over health care matters in an advanced care directive. This is a legal document that spells out a person’s wishes for their treatment when they are incapacitated and can no longer consent to or decline treatment of a certain nature. The person designated to act as an agent through the power of attorney can ensure the principal’s wishes are followed.

There are some restrictions on who can be named an agent. A principal’s doctor or another person providing medical care cannot be designated as an agent with power of attorney over the principal’s health care. There are few restrictions on who can be appointed an agent in a power of attorney over finances. However, because it involves financial matters, it is important to make sure the agent is someone you trust and believe would not take advantage of you.

Factors to Consider

When preparing a financial power of attorney, it is important to make it a durable power of attorney. A durable power of attorney survives the principal’s incapacitation. A financial power of attorney is sometimes referred to as a power of attorney over the property. When you have a financial power of attorney, your designated agent takes care of your financial matters, such as paying bills, selling assets, and settling debts. A power of attorney over finances allows an incapacitated principal to avoid getting into financial trouble because of the incapacitation.

 Canceling a Power of Attorney

A power of attorney can be canceled by the principal at any time before incapacitation. If the principal is incapacitated, and there are concerns about the agent’s actions, the principal’s family members may be able to petition a court to revoke a power of attorney from the agent. These kinds of lawsuits are filed to remove an agent who is breaching his duty to act in the best interests of the principal.

Contact an Estate Planning Law Firm

If you have questions about power of attorneys or any other estate planning questions, contact an experienced attorney, like a Des Moines IA estate planning lawyer from the Law Group of Iowa.

Filing for divorce is never easy, especially when there are children involved or if you and your partner have shared property, debts, or other concerns that make dividing everything up difficult to figure out. The best way to protect your assets during a divorce is to work with an experienced divorce lawyer Cypress, TX who can advise you on the best course of action based on your specific situation and goals. Read this article to learn how to protect your assets during a divorce so that you can focus on moving forward after the split and leave your loved ones and property in safe hands according to our friends at Winfrey Law Firm, PLLC.

Do I Have to Sell My House?

It’s common for people to want to keep their house during a divorce, but this isn’t always possible. If you have significant equity in your home, it may need to be sold in order to divide the proceeds fairly. However, if you have children, the court may allow you to keep the house so that they can maintain some stability during the divorce. You’ll need to talk to a divorce lawyer to find out what is best for your situation.

What Happens with My Bank Account?

When you divorce, all joint accounts must be closed. You’ll need to decide what to do with any shared assets, including your home and vehicles. You may be able to keep the family home if you can afford the mortgage and other expenses on your own. If you have children, you’ll need to decide how custody will be divided. You may also need to sell some assets in order to divide the proceeds evenly between you and your spouse. The courts will determine how to split any retirement benefits, life insurance policies, personal property and debts owed by either of you. A skilled lawyer can guide you through this process.

What if I Have Stocks?

If you have stocks, you may be wondering what will happen to them during your divorce. The answer depends on the state in which you live, but generally speaking, stocks are considered marital property and will be divided between the two spouses. You may be able to keep them if you can prove that they were purchased before the marriage or that they are inherited property. However, it is always best to consult with a divorce lawyer to find out what is possible in your particular situation.

What about Items like My Car?

One of the first things you should do when you start thinking about getting divorced is to make sure that your assets are protected. This includes things like your car. You’ll want to make sure that your car is registered in your name only and that your spouse doesn’t have any access to it. You’ll also want to keep track of all the paperwork associated with the car, including the title and insurance policy. If you have any questions about how to protect your assets during a divorce, be sure to speak with a divorce lawyer.

When you get divorced, one of the biggest considerations for many people is making sure they get enough support for themselves and their children. When one parent has significantly more money than the other, sometimes there’s not enough to go around. That’s why it’s important for parents to work together to create an equitable agreement. An equitable agreement is just what it sounds like – an agreement that’s fair to both parties and takes into account each person’s situation – before they sign anything official or finalize their divorce settlement.

Contact a divorce lawyer today for help with your case.

Divorce can be ugly. A family lawyer knows that even the friendliest divorces can suddenly become acrimonious. When you add a contentious custody battle to the mix, it is no surprise that many people feel they are at war during these times.

Unfortunately, many divorcing couples develop a “winner take all” attitude and instead of peaceful negotiations, the process can quickly become a constant state of intensity. It is critical during these times to remember that when it comes to custody, you and your soon-to-be ex-spouse need to stay focused on what will be in the best interest of your child. Save your battling for property division but try to work together to come up with a cohesive parenting plan.

There are several common behaviors that parents engage in a custody fight make. The court may consider these behaviors so egregious that any one of these can actually affect the court’s decision and you could lose parenting time because of it.

Never Deny the Other Parent Access to Your Child

When a parent purposely restricts the other parent’s parenting time, the courts consider that parental interference. One of the key components the court looks at is whether or not each parent is willing to help foster the child’s relationship with the other parent. If a parent is unable to do that, the court could restrict their parenting time and limit their custody.

Never Let Angry Feelings Against Your Spouse Take Priority Over Your Child’s Needs

It doesn’t matter to the court why your marriage is ending or how angry you are at your spouse for the things that they did to you. The only thing they are concerned about is the well-being of your child. This is why you should never bad-mouth your spouse in front of your child or force them to choose sides. This also applies to social media postings. Ranting about your spouse on your Facebook page can actually be used against you and have a negative impact on your custody case.

Never Move or Change Jobs Unless There Is Good Cause

Moving to a different area because of a job change or any other reason is never a good move, especially if you have primary custody of the child. There are some exceptions, such as an extraordinarily good career offer. But if you are moving just so it will make it harder for your ex to have parenting time with your child, it could actually backfire and he or she could end up with primary custody. Forcing your child to change schools, leave friends, and routines because you don’t want the other parent to have close access will not be looked at kindly by the court.

Never Refuse to Cooperate with Your Co-Parenting Because of Contentious Feelings

No matter how intense the battle between you and your ex gets on the legal field, do not let those feelings seep into your co-parenting. Just because you are angry at your spouse, do not use this as an excuse not to communicate information about your child’s school and extracurricular activities. You may think you are punishing the other parent by not telling them about the school’s science fair, but the one who bears the brunt of the punishment will be your child.

Contact a Divorce Law Firm Today

If you are ending your marriage, call an experienced attorney, like a family lawyer from a law firm like Winfrey Law Firm, PLLC.

Do you want to find a divorce lawyer in Cypress, TX? If you’re like most people, you probably want to get through your divorce as quickly and inexpensively as possible. But hiring the right lawyer can be tough if you don’t know what you’re looking for in a law firm. According to our friends at Winfrey Law Firm, PLLC, here are some of the steps to take to make sure you end up with the right lawyer for your divorce so that you can avoid common pitfalls and make sure your interests are protected throughout the process of your divorce.

Considerations When Choosing an Attorney

Many people choose to handle their own divorce, rather than hiring a lawyer. However, it is not easy to navigate through all of the legalities involved in a divorce. It is best to find an attorney you can trust who will look out for your best interests and help you make wise decisions during such a difficult time. Finding a trustworthy divorce lawyer may seem like an overwhelming task, but when you do your research and ask around, you can find just what you are looking for. Do your research: When searching for an attorney, find out if he or she specializes in family law; each state has its own laws regarding divorce which makes it important that your lawyer is up-to-date on these laws and regulations.

Preparing for Your First Meeting with an Attorney

If you’re not already represented by an attorney, don’t be afraid to reach out to several divorce attorneys in your area. It is imperative that you take some time and learn as much as possible about potential divorce lawyers before selecting one to represent you in a divorce case. Prior to your first meeting with a divorce lawyer, there are some steps you should take in order to make sure you get through your first meeting well-prepared. First and foremost, determine how much it will cost for initial legal representation.  Many divorce lawyers offer free consultations, but many do not. Be aware of the price range for each firm prior to scheduling your appointment. Secondly, research the reputation of the law firm online and on social media platforms like Yelp or Google reviews. After checking online reviews, consider whether this law firm aligns with your values and beliefs. Once you have narrowed down which firms seem like a good fit for you, schedule meetings with at least three different divorce attorneys at these firms so that you can get different perspectives on your situation.

What to Expect from Your Initial Consultation

During your initial consultation, you’ll meet with your lawyer to discuss every aspect of your case and get a feel for what they believe is best for you. Make sure to bring any financial documents you think may be relevant, such as bank statements or tax forms. Before you leave, ask if there are any documents you need to bring in that day. Consider bringing someone else with you to the initial consultation; it can help put a spouse at ease if he or she feels comfortable that their point of view is being heard. In certain situations, where abuse is present or custody of children is an issue, it may be important to have another adult in attendance.

Contact a divorce lawyer today for help with your case!

It goes without saying that divorce is probably going to be a bumpy ride, even if you and your spouse are cordial about the separation. While divorce is rarely easy, there are ways that you can make it go more smoothly. Receiving advice from mediators, lawyers, and other experts can help you reach divorce finalization with minimal surprises. Regardless of if you saw the divorce coming or not, or had initiated it yourself, divorce is never going to be perfect. You probably thought that your marriage would last forever, so it’s understandable that feelings such as resentment, anger, and other emotions may cloud your judgment during this time. 

When meeting with the lawyer, they will probably have you established some goals so that you are both on the same page. To help you properly, your lawyer is going to need to know as much about your marriage as possible and your current concerns. Here are some tips to help you stay on the right track when road bumps arise:

Know What You Want

Now that your life is going in a different direction than you had originally planned, it will be important to think about what you want from life. Are there goals that you have always wanted to achieve? Is there any place you have wanted to move to? These are things to think about so that you can look forward to the new future instead of getting caught up in problems of the old one.

Consider Mediation

Despite the divorce, you still may be able to have a civil conversation with your spouse. Unless domestic violence or threat of harm is a factor, mediation can be a useful way to arrive at a solution while also avoiding the cost of attending court. Mediation is when an unbiased mediator guides the conversation in a way so that compromise can happen. The spouses may find that they walked into mediation completely at odds, only to find that they were able to reach a solution that works for them both. Topics that may be discussed during mediation include divorce settlement terms, child custody, alimony, division of property and debts, and more.

Focus On Your Kids

If you have children together with your spouse, remember that it will only cause more harm if your children feel like they have to choose between you and the other parent. Unfortunately, some parents may pin children against the other as a way to seek revenge for the divorce. But if you and the other parent engage in behaviors that make the situation even more tense, your children may be the ones to suffer.

As our divorce lawyer friends from Bernie Kempen have seen before, divorces can turn a person’s life upside down. Divorce can feel like murky waters to navigate, and the only way to be fully prepared for it is by focusing on your goals, the future, and recruiting help from professionals to assist along the way. 

When your marriage starts to fall apart, your children’s well-being becomes a top priority. You want to make sure they are safe, happy and maintain some sense of normalcy through the process. But if you and your spouse can’t agree on child custody arrangements, it can be challenging to come up with a solution that works for everyone.

Family law can be complex, and if you’re not represented by an experienced family lawyer, you could end up losing everything.

Here are five tips that will help you win child custody:

1. Don’t talk about the other parent in front of the kids. 

They love their parents and should be allowed to feel free to express those feelings without being fearful or ashamed of doing so. Any negative comments made by either party towards the other parent in front of the children can seriously damage their relationship with both parents. It is important to remember that children get caught between parents who are divorcing and may feel pressure from one or both parents to choose sides. Although this approach does not work for everyone, some families have found it beneficial for both parents to remain living together in the same house through the divorce process until custody has been decided upon.

2. Make Sure That You Have a Solid Case. 

Family law is all about evidence, so make sure that you have plenty to back up your claims. This includes documentation such as medical records, school transcripts, and anything else that can support your argument.

3. Ask for Help from Friends and Family

It is normal for friends and family members to testify on your behalf about what kind of person you are as a mother/father. They can also testify about what type of person your ex is as well, especially if they are considered an unfit parent.

4. Stay Organized

This is especially important if you have a contested custody case. Make sure that you keep track of all court dates, documents, and correspondence.

5. Hire an Experienced Lawyer. 

Hiring a qualified family lawyer is essential in order to increase your chances of winning child custody. A great family lawyer should have years of experience helping clients win their cases. They need to know what it takes to succeed in family court, and are able to help you every step of the way.

Reasons To Enforce Your Child Support Arrangement

So your divorce is final, and your child support order is in place. You are living your life post-divorce. But in life, circumstances change often. You may encounter reasons to revisit your child support agreement. Whether you are paying or receiving support, there are several moving parts in how the court calculates child support. 

There are some situations where you can file in court for child support modification by yourself. But in any legal case, it is always advisable to get the counsel of wise family law lawyers, such as the lawyers of The Law Office of Daniel J. Wright.

If you want a judge to review your request to change child support, a significant change in your circumstances must occur. Reasons to request child support modification can include:

• Decrease of Income – The court considers it a significant change if the payer of child support loses his or her job, or suffers a significant decrease in income
• Increase in Income – If your ex-spouse receives a substantial boost in income or net worth, you may be eligible to decrease your financial obligation because the other party now has the means to contribute a larger portion to child expenses. Typically, this occurs when an ex-spouse goes back to work or receives a substantial, life-changing inheritance or financial settlement.
• Increase in Expenses – Children’s needs change. As children get older, their expenses can increase for a variety of reasons, such as medical expenses, private school tuition, sports costs, etc.
• Change in Custody Split – If custody terms are modified and you now have the children significantly more or less than previously, there is a good chance the judge would grant a change in child support amounts.
• Child Turns 18 – Child support typically ends when a minor child reaches age 18, or graduates from high school, whichever is later. If your child turns 18 before high school graduation, hopefully, that was written into your original child support agreement. If not, you will likely need to file for a modification in the court order. In most cases, it is stipulated in the court documents that support ends automatically when the child reaches legal adulthood, and no further action on your part is needed to stop support payments.
• Remarriage or more children – If one parent remarries or has additional children, they often put a motion before the court to decrease child support to the original children in order to have more resources to divide amongst all children. Remarriage doesn’t always trigger a need for change, but it usually does affect that parent’s income. If you’re the receiving parent and you remarry, a judge may reduce your child support amount because your household has more income. But this is not always the case because child support is the child’s right, not the parent’s right.

Whatever your individual circumstance, any time you think that it is warranted to request child support modification, you should consult an experienced family law lawyer. We know the law and have your best interests at heart. Moreover, we can ensure that your rights are asserted.