Attorneys and lawyers practicing family law take up cases relating to all kinds of family related issues. These can be adoption, prenuptial agreements, marriage, divorce, separation, legal separation, annulment, alimony, division of the property accumulated during the marriage, domestic violence, negotiation, adjudication, child custody and support, child abduction, kidnapping or child seizure, emancipation, abuse in the marriage, parental rights, paternity, juvenile, felonies etc., and many such cases related to family. Other than this they also deal with regular cases relating to criminal laws, property related laws, probation law, trusts etc. However, the majority of the cases that come to family lawyers are the divorce, separation, abuse or child custody cases. A number of details need to be considered when it comes to these cases and family lawyers are specialized in all the legalities involved in such cases.
A number of questions tend to arise when a couple is getting separated legally or getting divorced. One is the process of getting divorced with a minimum fuss, as getting separated or divorced can in itself be a traumatic experience on both the parties. Add to this a contesting from either party and the whole thing becomes quite messy to handle without a lawyer to offer sufficient moral and professional support.
One other important issue that must not be neglected is the child custody and child support if any children exist as a result of the marriage. Even though the court finally approves all the aspects regarding the custody and support for the children, both the parties must be able to reach to a decision even before filing the papers. Attorneys and lawyers practicing family law will be able to provide immense assistance in such cases.
Family lawyers will be able to assist with all the usual questions that might arise in such cases. Child support laws vary in each state as the law is governed by each state individually without any input from the federal level. However, certain issues such as deciding the parent who is liable to receive the custody and the parent who is supposed to pay for the support, calculation of the amount of child support to be borne, etc., are the questions a lawyer from a particular state would be familiar with.
Family lawyers can also be of a big help if the supporting parent is missing or if the payment is not on time, or even in some cases when the individual does not care enough for the court orders to cough up sufficient amount for the child support. Deciding on other criteria such as visitation rights, receipt of money if both the parents are in different states, or when the child supporter is unable to make payments duly on time due to pecuniary problems.
Family problems can be very upsetting and distressing and the best way to handle them is with the help of a lawyer practicing family law. An exhaustive list of lawyers that are qualified, experienced can be found either from the yellow pages or on the Internet with some effort. A word of advice, it is the best option to always go for a new lawyer chosen on basis of qualifications and experience instead of the ones recommended by friends or acquaintances or relatives to avoid any problems or explanations later on.
Article Source: http://EzineArticles.com/?expert=Steve_Valentino
Showing posts with label family. Show all posts
Showing posts with label family. Show all posts
Tuesday, October 16, 2007
Friday, August 10, 2007
Who's In Control - You or Them?
By Stacy D. Phillips, Certified Family Law Specialist
The Judge
In the continuation of a six-part series of excerpts from the book, Divorce: It’s All About Control—How to Win the Emotional, Psychological and Legal Wars by certified family law specialist, Stacy D. Phillips, she discusses the different “types” that tend to control a divorcee’s divorce process in the courtroom. In this segment, Ms. Phillips details the characteristics of the “judge variety”—those individuals who often assert authority taking complete control of a couple’s divorce, leaving them at the mercy of the courts.
The "Heard-It-Alls" This category of judge has little patience for the daily routine that goes on in the courtroom, between counsel, or for that matter, the parties, and refuses to grant continuances for “frivolous” reasons. Heard-It-Alls become easily fed up with standard excuses and can see past every histrionic ploy. Don’t try to pull anything over on a Heard-It-All because they already have heard it all! This moniker suggests a negative connotation. However, the label can equally apply to a very experienced, no-nonsense, truly fine judicial officer who, indeed, does know it all.
The "Peacemakers"
Contrary to the Heard-It-Alls, the Peacemaker is the type of courtroom boss who attempts to get the parties to come to terms and may even suggest the case be continued until additional settlement discussions can take place. The Peacemakers are known for being big on child rights. They also tend to be more sensitive to the perils only divorce can bring. As such, they try to minimize the trauma of the courtroom experience on the parties who come before them.
The "Technocrats"
This group tends to care less about the “people” side of the hearing and rules by the book. They typically have no “heart” and could care less about the parties personally. The way the Technocrat sees it, they have one duty and one alone: to uphold the statutes under which the marital laws fall. Do not try the emotional plea or pray to the Technocrat for mercy. A Technocrat will rule right over you!
The "Equalizers"
This group always wants to do what is fair and usually come from a “one for her, one for him” point of view. They have a “split down the center” mentality. As such, they are calmly focused on dividing everything equally—that includes responsibility for the children, assets and liabilities! Their focus is on equality, whether it means ordering each party to pay his and her fair share of attorneys’ fees or picking up responsibility with regard to the children. Though equitable, this judge does not have any patience for antics, so save any outbursts for the hallways.
The "Solomons"
Often times they are not focused on what might please the parties or what will cause the least amount of havoc. The Solomons are simply trying to get to the bottom line—or at least what they perceive is the right result. Like King Solomon who knew that the real mother would not allow him to “split the baby,” the Solomonesque judge will work with the parties to achieve the right moral result. This approach is particularly important in child custody disputes.
The "Hammers" Highly respected for their familiarity with all the family law statutes—new and old—the Hammers will strictly enforce each code. Low on patience, they are high on authority and not afraid to wield it. The Hammer often reaches a conclusion on the merits, i.e., decides the outcome he/she wants and then strives to reach that result through rulings and/or pressure on the parties. Hammers are particularly dangerous if they are not well versed in the facts or the relevant legal issues. You never want to get on the bad side of Hammers because they can pound you right into the courtroom floor. Good for you if the Hammer rules in your favor, but it could go the other way next time!
The 'Judge's Judge" combines the best traits and skills of each of the judges described above and is thoroughly well versed in all aspects of the law and is not afraid to make the tough call or lean hard on the parties when necessary. This judge does not mind hardball, but insists on fair ball. They can be Solomonesque when appropriate, or address issues with diplomacy. A Judge’s Judge takes each case individually and listens to all the facts before making a decision. These judges are typically compassionate types who make both parties feel as though they were well heard and their requests considered.
The "Lazy Judge" combines the worst traits of the various judges described above (except, of course, the Judge’s Judge). This is the judge who doesn’t read the papers and simply goes through the motions of performing his/her judicial duties. The Lazy Judge may fall back on hyper technicalities, “split the baby,” or do anything else necessary to get the matter off his/her docket. With the other judges—for better or for worse—you can plan. With the Lazy Judge, the outcome is truly unpredictable.
Your judge can be a mixture of some or all of the above. As you go before them, know that they can have tremendous control over your marital circumstances. This can bode well for you or it can be difficult, depending on how the court’s rulings come down, and it can affect you for years to come!
--------------------------------------------------------------------------------
Stacy D. Phillips' book may be purchased through Amazon.com, Barnes & Noble.com and in all major bookstores throughout the country. Visit her website: www.controlyourdivorce.com for more information.
--------------------------------------------------------------------------------
The Judge
In the continuation of a six-part series of excerpts from the book, Divorce: It’s All About Control—How to Win the Emotional, Psychological and Legal Wars by certified family law specialist, Stacy D. Phillips, she discusses the different “types” that tend to control a divorcee’s divorce process in the courtroom. In this segment, Ms. Phillips details the characteristics of the “judge variety”—those individuals who often assert authority taking complete control of a couple’s divorce, leaving them at the mercy of the courts.
The "Heard-It-Alls" This category of judge has little patience for the daily routine that goes on in the courtroom, between counsel, or for that matter, the parties, and refuses to grant continuances for “frivolous” reasons. Heard-It-Alls become easily fed up with standard excuses and can see past every histrionic ploy. Don’t try to pull anything over on a Heard-It-All because they already have heard it all! This moniker suggests a negative connotation. However, the label can equally apply to a very experienced, no-nonsense, truly fine judicial officer who, indeed, does know it all.
The "Peacemakers"
Contrary to the Heard-It-Alls, the Peacemaker is the type of courtroom boss who attempts to get the parties to come to terms and may even suggest the case be continued until additional settlement discussions can take place. The Peacemakers are known for being big on child rights. They also tend to be more sensitive to the perils only divorce can bring. As such, they try to minimize the trauma of the courtroom experience on the parties who come before them.
The "Technocrats"
This group tends to care less about the “people” side of the hearing and rules by the book. They typically have no “heart” and could care less about the parties personally. The way the Technocrat sees it, they have one duty and one alone: to uphold the statutes under which the marital laws fall. Do not try the emotional plea or pray to the Technocrat for mercy. A Technocrat will rule right over you!
The "Equalizers"
This group always wants to do what is fair and usually come from a “one for her, one for him” point of view. They have a “split down the center” mentality. As such, they are calmly focused on dividing everything equally—that includes responsibility for the children, assets and liabilities! Their focus is on equality, whether it means ordering each party to pay his and her fair share of attorneys’ fees or picking up responsibility with regard to the children. Though equitable, this judge does not have any patience for antics, so save any outbursts for the hallways.
The "Solomons"
Often times they are not focused on what might please the parties or what will cause the least amount of havoc. The Solomons are simply trying to get to the bottom line—or at least what they perceive is the right result. Like King Solomon who knew that the real mother would not allow him to “split the baby,” the Solomonesque judge will work with the parties to achieve the right moral result. This approach is particularly important in child custody disputes.
The "Hammers" Highly respected for their familiarity with all the family law statutes—new and old—the Hammers will strictly enforce each code. Low on patience, they are high on authority and not afraid to wield it. The Hammer often reaches a conclusion on the merits, i.e., decides the outcome he/she wants and then strives to reach that result through rulings and/or pressure on the parties. Hammers are particularly dangerous if they are not well versed in the facts or the relevant legal issues. You never want to get on the bad side of Hammers because they can pound you right into the courtroom floor. Good for you if the Hammer rules in your favor, but it could go the other way next time!
The 'Judge's Judge" combines the best traits and skills of each of the judges described above and is thoroughly well versed in all aspects of the law and is not afraid to make the tough call or lean hard on the parties when necessary. This judge does not mind hardball, but insists on fair ball. They can be Solomonesque when appropriate, or address issues with diplomacy. A Judge’s Judge takes each case individually and listens to all the facts before making a decision. These judges are typically compassionate types who make both parties feel as though they were well heard and their requests considered.
The "Lazy Judge" combines the worst traits of the various judges described above (except, of course, the Judge’s Judge). This is the judge who doesn’t read the papers and simply goes through the motions of performing his/her judicial duties. The Lazy Judge may fall back on hyper technicalities, “split the baby,” or do anything else necessary to get the matter off his/her docket. With the other judges—for better or for worse—you can plan. With the Lazy Judge, the outcome is truly unpredictable.
Your judge can be a mixture of some or all of the above. As you go before them, know that they can have tremendous control over your marital circumstances. This can bode well for you or it can be difficult, depending on how the court’s rulings come down, and it can affect you for years to come!
--------------------------------------------------------------------------------
Stacy D. Phillips' book may be purchased through Amazon.com, Barnes & Noble.com and in all major bookstores throughout the country. Visit her website: www.controlyourdivorce.com for more information.
--------------------------------------------------------------------------------
Thursday, August 9, 2007
Agreeing To Part - The Uncontested Divorce
This is fast becoming the major trend in the UK. It is on the rise in the USA too, but not to the extent it is in this country. The picture is mixed in Europe, France being the country with the largest number of couples fighting their way to a highly contested court case and emotionally charged divorces. Does this mean that the British people are surpassing examples of matured and calm understanding when it comes to divorce? Not necessarily, but it does mean that law cases costs a fair bit here, and few are in the position to afford it. Uncontested divorces have become so very popular precisely because the very areas of conflict that are causing the divorce had been resolved as far as possible between the partners before they came to the court. When the areas of conflict are eliminated, there remains little left to do except finish the paperwork and formalities.
Advantages of Uncontested Divorces
There are several direct and indirect advantages of this form of divorce, which have been listed below:
- There is scope to cut costs in a major way. A court battle is not the only thing that requires expenditure, but a lot of money is wasted when a couple fights, and misses out on work, therefore, being unable to earn as they normally do. It is time that costs most, in very literal terms.
- The need to go to a lawyer and spend for it rises only when there are issues into which a lawyer needs to look into. The necessity of calling in a lawyer at all arises only when there are unresolved conflicts between the two parties. If both partners realise that dragging it out in painful and bitter detail will only hamper their work and empty their purses, then there is little need to fear for a situation when the expenses are spiralling out of control.
- Saving time is a major issue, not just where the lawyer or office working hours are concerned. The faster the two partners see reason and agree, they would be able to get the divorce process started. Even a slimmed down DIY will take a minimum number of days if a divorce is to be obtained according to the given laws of the land, where provision has been made for gaps between crucial stages not just to give some time to the court to prepare the papers, but also to let the couple think it over before taking the next step. If everything else except processing the papers is already done beforehand, it is possible to finish the divorce in exactly the minimum time as stated in the law books.
- The emotional toll on both parties is much less in the case of uncontested divorces. It is bad enough they need to part forever, but there is no need to make it worse by screaming and fighting and storming out at each other. At the end of the day, we are human beings, all of us have a bit of good and bad in us, yes, and even the man or woman with whom your partner is having an affair is not an entire villain. The most silently suffering spouse is not entirely saintly either. If we cooperate with each other on the grounds of common humanity, leaving some space for our frailties and some respect for our opinions, the world, maybe, not turn better, but it would be easier to sleep at night. The small mercies that we show each other at times of crisis are the true measures of our humanity. This is not poetry, it is plain hard common sense, and helps to save a few pounds too.
- It is definitely much easier on children if a divorce is uncontested. The greatest victim of the battle between a pair of adults is often the child who has no fault at all, but on whom both parties vent their frustrations. In the process, they scar an entire generation for life, and it is simply unfair. There is no way to justify the suffering of children for their parents’ follies. Our country is already full of unhappy kids; we don’t need to add to the number.
James Walsh is a freelance writer and copy editor. For more information on getting a Divorce see http://www.quickie-divorce.com
Article Source: http://EzineArticles.com/?expert=James_Walsh
http://EzineArticles.com/?Agreeing-To-Part---The-Uncontested-Divorce&id=662791
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