Archive for the ‘family law’ Category

Raising children can be both rewarding and challenging. It can be very rewarding to watch your children grow and develop throughout their lifetimes. It can be very challenging, however, to see them through this development.

Raising children can be very expensive, and if you are going through a support hearing, you may want to hire a family law attorney to make sure that the outcome is as good as possible for you and your family tree. Support hearings are usually held to determine how much a non custodial parent will be required to pay each month in support to sustain the well being of their children.

If you are the parent that is receiving the support payments, you will probably want to make sure that the final decision of the court on how much the non custodial parent is required to pay will be enough to cover the costs you have in raising the children. A family law attorney can help a great deal in this situation, because they can help make sure that all of the costs of raising the children are covered during the hearing and also that the final decision of the court is in the best interests of you and your children.

If you are the parent that is required to make the support payments, a family law attorney can also be a great help to you during the hearing. Although you probably want to provide as much money as possible to sustain the well being of your children, you probably do not want the amount you are required to pay each month to be too high. A legal professional can help properly portray your ability to make the payments and also how much you can realistically pay each month.

Whether you are the parent making the payments, or the parent receiving the payments, after the original court ruling is finalized, you may have the option of requesting a modification to the original support orders if your circumstances have changed. For example, if you are the parent making the payments and you have recently lost a job, or have suffered a pay cut, you might want to request a modification to the original court ruling to lower the amount of money you are required to pay. If you are the parent receiving the payments, you might request a modification if your child has developed special needs since the time of the original court hearing. Such special needs could range from medical attention to tutoring. A family law attorney can be a great benefit to you, whether you are making the payments or receiving the payments, because they can help determine whether you should request the modification and when you should request the change.

There are many situations where a legal professional can be of great help to you. If you are going through a court hearing regarding your children, it may be a good idea to look into the option of hiring a lawyer because they can help ensure that the outcome of the hearing will be in the best interests of you and your children.

Deciding which  you should have represent you in your family law case is an extremely important decision and one that can be the difference between getting a fair result or a poor one.  Here are some criteria that will allow you to improve your chances of hiring the best attorney for your case.

Experience and State Bar Board Certification

There is no substitute for experience when it comes to divorce attorneys and you should only consider hiring an attorney who is very experienced in the field of family law.  Frequently people will hire a general practitioner, thinking that divorce cases are routine and uncomplicated and that any lawyer will do.  This kind of thought is a major error.  Ideally, you want a lawyer who is board certified in family law by the State Bar.  This is a certification held by attorneys who have, by experience and knowledge, established that they are worthy of acknowledgment as experts in the area of family law.  In most states this is an highly difficult certification for a lawyer to obtain.

Satisfied Previous Clients

The best way to decide which lawyer is right for you is to hear from that lawyer’s past divorce clients. If you know someone who has been a client of a particular lawyer they can tell you what it was like to be represented by that attorney.  The fact is that some attorneys are simply better at satisfying their clients than others and the only certain way to find this out is to hear from previous clients.

A Plan for Handling Your Case

It is usually an error in a family law case for a lawyer to apply a “one-size-fits-all” approach.  In other words, some lawyers use the exact same approach on every single case, disregarding the facts or nuances of your particular situation.  This is generally a mistake.  What you want is a lawyer who, at the outset of the case, creates a personalized plan for how your case will be handled.  You wouldn’t use a shotgun if you were trying to kill a mosquito and you wouldn’t use a flyswatter if you were trying to kill a bear.  You would use the best tool for the given situation.  Your case should be handled in this same way.

Are You Comfortable with the Attorney?

Last but not least, you should be comfortable with and have a good relationship with the attorney.  If for any reason you sense that you cannot communicate effectively with the attorney, then this is not the right lawyer for you and you should keep looking until you encounter the right attorny for your situation.  It is of the utmost importance that you employ an attorney that inspires your confidence and that you are certain will keep your best interest at heart.

A definition of terms commonly associated with divorce and family law in the UK.

Affidavit – a formal statement made under oath in court.

Ancillary Relief – financial orders that a court can make in addition to a petition for divorce.  Applying to England and Wales, ancillary relief is a financial claim brought by a spouse through the courts when petitioning for divorce.

CAFCASS – Children and Family Court Advisory and Support Services.  A meeting with a CAFCASS officer will be arranged if an application to the court is made for any order affecting a child, such as contact or residence.

Civil Partnership – the Civil Partnership Act 2004 means that same sex couples may now register their partnership and acquire rights and responsibilities similar to those of a married couple.

Clean Break – a one off order that outlines financial arrangements between a husband and wife.  There can be no subsequent claim for maintenance even if circumstances change.

Conciliation – a type of mediation that takes place in court and helps couples to sort out arrangements for their children.

Contact – the arrangement for a child or children to visit the parent who no longer lives with them after the divorce has taken place.  Contact can also refer to indirect contact such as phone calls and letters.

Cross-petition – a situation where the arguments put forward as grounds for divorce differ between the Petitioner and the Respondent.

Decree Absolute – Follows the decree nisi and is the final order issued by the court bringing a marriage to an end.

Decree Nisi – a provisional order issued by the court.  The decree nisi is the first stage of the divorce and shows that the court is satisfied that the grounds for the divorce have been established.

Disclosure – the process of providing to the court full financial details about a person’s income, assets and liabilities.

Injunction – a court requiring or preventing a person from taking an action.  Penalties are generally set in place for people not abiding by the order.

Joint Tenancy – a form of shared ownership of a home or other property.  When two or more people own a property as joint tenants and one owner dies the other owner automatically takes ownership of the deceased owners share.

Maintenance – the money one spouse pays to the other for ongoing financial support.

Mediation – a process in which an impartial third person assists those involved in a divorce to reach an amicable agreement.

Occupation Order – a court order confirming or denying an individual’s right to occupy a property.  The occupation order can exclude a spouse from a home or a certain part of it.

Pension Sharing – the division of a pension fund between two spouses.

Petition – a document outlining a request for a divorce.

Petitioner – a person who initiates divorce proceedings by filing a divorce petition at court.

Premarital Agreement – a formal written agreement entered into by a couple before marriage setting out how assets will be split in the event of divorce.  Also known as a prenuptial agreement.

Residence Order – a court order that states where and with whom a child will live after the divorce of their parents.

Separation Agreement – a written agreement set out by a couple recording the financial agreement that they have reached.  A separation agreement will normally be upheld by a court but it may be set aside if there has been a significant change in one party’s circumstances.

Statement of Arrangements for Children – sets out proposed arrangements for children after the divorce.  The form is sent to the court along with the divorce petition.

Without Prejudice – a way of preventing the court from knowing about any prior negotiations between a divorcing couple that did not result in an agreement.