Category Archives: Divorce Attorney

Divorce may be a long and traumatic process for some couples. It doesn’t have to be that way, though. Your divorce can be amicable and go at a reasonable pace. Even procrastinating couples don’t always have influence over the divorce procedure. You and your attorney can talk about how to get your divorce started so that you can get back to living your life.

Divorce may be a long and traumatic process for some couples. It doesn’t have to be that way, though. Your divorce can be amicable and go at a reasonable pace. Even procrastinating couples don’t always have influence over the divorce procedure. You and your attorney can talk about how to get your divorce started so that you can get back to living your life.

What Can I Expect During My Divorce?

When one of the spouses files a divorce petition, the divorce process begins. Making their divorce uncontested—meaning both spouses agree to all of the terms in the petition—can help speed up the process. In most circumstances, however, one spouse files and serves a divorce complaint, and the other spouse has around 20 days to respond. Divorces that involve more complicated assets and parenting issues are frequently longer and more expensive.

Some facets of a divorce require patience. In many states, for example, a contested divorce requires a waiting time. Between the time they submit their divorce paperwork and the time the court signs off and grants the divorce, a couple may have to wait anywhere from 30 to 90 days.

What Should You Do If Your Partner Isn’t Responding?

If you’ve filed for divorce, your spouse may want to postpone it until you can work things out. A spouse can keep requesting court extensions or refuse to react to your documents. Your spouse’s inability to respond to the divorce petition, on the other hand, can work in your favor. You can seek a default judgment after serving your spouse with a divorce case and the response period has expired.

A judge can offer you exactly what you asked for in your divorce petition if you get a default decision. The failure of your spouse to answer will be interpreted as acceptance of your terms. You’ll have to show the court that you properly notified your spouse about the divorce. A judge may enable you to print a divorce notice in a local newspaper if your spouse has moved without giving you a new address or is dodging service.

Making their divorce uncontested—meaning both spouses agree to all of the terms in the petition—can help speed up the process.

How to Deal with Your Spouse’s Delay Efforts

It’s much more aggravating if you’re in the process of a divorce and can’t get a default judgment because your spouse doesn’t answer, even if it’s slowly. Some vengeful spouses, for example, routinely request extensions, cancel depositions at the last minute, and are constantly too preoccupied to organize a mediation. You may need to take further actions to compel your spouse to participate in certain scenarios. You can, for example, decline your spouse’s third request to cancel a deposition and file a formal motion asking a judge to impose sanctions (fines or other punishments) against him or her. You might be able to reclaim part of the legal fees you paid for the motion as well.

You can also ask the court to schedule a settlement conference if your spouse refuses to attend mediation. Settlement discussions are usually held in the judge’s chambers at the courthouse. If a court is involved, your spouse may take things more seriously. If your husband is attempting to delay your divorce, you must remain firm and continue to go forward.

 Divorces often follow a similar pattern. When children are involved, however, further measures and considerations must be taken. Additional discussions with your attorney about child custody, visitation, parenting plans, and child support should be expected.Read on to learn more.

Divorces often follow a similar pattern. When children are involved, however, further measures and considerations must be taken. Additional discussions with your attorney about child custody, visitation, parenting plans, and child support should be expected.

The divorce process can also get acrimonious if parents begin to attack one another in order to acquire custody of their children. In acrimonious family court trials, character witnesses, testimonials, text messages, and social media posts are all fair game – some ex-partners will go to any length to prove the other is an unfit parent.

It’s crucial to remember that many courts will try to find a method to give parents joint custody unless there are compelling reasons not to. Above all, they will think about what is best for your child. You can have a quicker and less hurtful (to you and your children) divorce if you and your husband can work together with the same objective in mind.

The issues following may elicit strong feelings, but they will aid you in preparing for a divorce case with little children. Being as prepared as possible might assist you and your children in comprehending the adjustments that are coming.

The Process of Divorcing With Children

Here’s a quick rundown of how a divorce with children works. It’s important to note that each state has its own procedures and terminology for child custody and visitation.

1) Filing for Divorce

Your divorce will include child custody and child support (your request to start your divorce case).

2) Emergency Proclamations

If your children are in danger, you can request an emergency custody hearing and temporary protective orders from the judge.

3) Settlement Agreement for Divorce

You can include child custody problems in your divorce settlement agreement and ask the court to accept it if you decide on your own. A court will determine whether it is in your children’s best interests. You’ll have to make decisions about everything, from who your child will live with to who will make educational and healthcare decisions for them.

4) Conciliation

For custody and visitation, some states and counties compel parents to attend mediation. You and your husband will meet with a neutral mediator who will assist you in reaching an agreement on child custody, parenting plans, and visitation during mediation.

5) Hearings in Court

If mediation fails or is not necessary, and you are unable to reach an agreement on your own, your case will be heard by a judge. You will be given the opportunity to present your case. The judge may consult mental health professionals to determine what is best for your child, and a guardian ad litem may be appointed to represent your child’s interests.

During your divorce, you may have several hearings. If the final custody decision takes a long time, the court will issue temporary custody and support orders that you and your husband must comply.

6) Divorce Decree/Order

Your divorce will be finalized by a court, who will issue orders for custody, parenting time/visitation, and child support.

7) Divorce Decree Appeals and Modifications

There are options for appealing a court order if you disagree with it. Similarly, if something significant happens in your life that affects custody or child support, you can petition the court to alter the order by filing a request to modify child support or child custody (with the court).

If I have children, can I get a divorce without a fight?

If you and your ex-partner agree on the following, you can achieve an uncontested divorce with children.

The physical custody split (which is usually 50/50)

Parenting time (does one parent have custody of the children on weekends or during specific holidays?)

Parental responsibilities (driving to school activities, vacations, purchasing clothing, paying for insurance or cell phones, etc.)

Who is in charge of major decisions? (schooling, healthcare, religion, etc.)

Payments for child support and a payment schedule

You must also agree on all other aspects of the divorce, such as property division and alimony.

It is difficult to get an agreement on these issues during such a trying time. To obtain an agreement, some “unofficial” conversations may be required. You can bypass arguing in court or mediation and go straight to making the plan official once you’ve both agreed on it.

Because there are so many aspects to consider when it comes to child custody, many people choose to have their divorce agreements reviewed by lawyers before submitting them to the court. Limited scope representation is what it’s called.

Can I challenge a court order if I have children?

Most judges are willing to accept child support appeals, changes in your financial condition, unsafe living situations, and requests for more or less time with your children. An attorney can advise you on the appropriate course of action to take in these situations as well as the anticipated outcome.

Because it’s difficult to forecast what life will be like after a divorce, it’s usual for parents to renegotiate child support and custody agreements as their circumstances change. When your preschooler becomes 16, wants a car, and needs car insurance, the agreement that made sense for them will most likely need to change.

Putting Your Children First During Divorce

Children are impacted by divorce, according to research. Even if you try to keep children out of the divorce proceedings, this is a big adjustment for them, and they’ll pick up on your feelings. Divorce may isolate your child from their peers or school, or it may cause them to have unfavorable feelings against one parent or the other. It may limit the amount of time and attention each parent may devote.

An expert divorce lawyer can advise you on the best methods to help your children feel secure in their new lives (such as keeping the family home) while also assuring their financial security. Your county judge’s role is to make sure that everyone is thinking about your child’s best interests.

While the change is significant, you can attempt to make the transition easier for your children while still protecting your parental rights. Here are a few things to remember:

1. When deciding custody, judges pay special attention to the children.

In a divorce involving children, the judge’s responsibility is to evaluate what is in the child’s best interests. When it comes to the following issues, the judge is likely to prioritize your child’s demands over your own:

Keeping siblings, half-siblings, step-siblings, adoptive siblings, and other family members together.

Assigning a child custody or co-parenting schedule that favors one parent over the other (most courts assume 50/50 child custody)

Choosing a larger or lower level of child support than you anticipated

If you or your ex-spouse have remarried or have other children, you should reconsider custody or financial orders.

Choosing between two homes the most stable environment

Limiting your child’s exposure to new situations (such as keeping them at the same school or home)

While it may appear that judges are siding with one side or the other, most state statutes prioritize the best interests of minor children over the interests of other family members.

2. Think about keeping your children out of court.

Addiction, cheating, criminality, fraud, domestic violence, financial troubles, and other pressures may be discussed with your children. Children who are old enough to comprehend these issues may need to speak with you before everyone goes to court.

Because the repercussions of divorce are unique to each family, the process may take longer than expected or necessitate the involvement of specialists to speak with your children.

To help lighten the process, soothe uncomfortable themes, and make the transition for children, divorcing parents may choose to try approaches like mediation or alternative dispute resolution (ADR). Note that divorces involving criminal problems (such as child abuse or a parent losing all of their assets due to fraud) almost always require the assistance of a judge.

Because most divorces are no-fault, your child will not be called to testify against one of the parents. You can, however, invite your child to speak, or a judge may ask them to testify, if it is important to the case. This is uncommon, although it could happen if there is a problem with harassment or abuse.

3. Children may be able to express their preferences for custody.

Your children will be directly involved in the procedures on occasion. This changes based on the age and health of the child. Some states enable children as young as 12 years old to choose which parent they wish to live with, and many courts will allow even young children to weigh in on custody issues. Rather than a big courtroom, this is usually done in a private meeting with the judge.

Older children may be able to express themselves, and judges in many states will take their preferences into account unless the child is in danger.

The age at which a child can provide feedback is determined by state regulations and specific judges. Consider the following scenario:

At the age of 14, California will allow children to express their preferences for who they wish to live with.

Minors in Washington are not allowed to give their opinions unless the judge specifically demands it.

Wyoming judges can take into account the wishes of minors aged 12 and up.

This also works the other way around. The courts will take into account a child’s wishes if he or she chooses to live with one parent but later refuses visitation with that parent. If the state law allows it and the youngster is capable of explaining their reasoning, they will be able to participate.

For a youngster, speaking with a judge can be frightening, but court advocates attempt to make the process as relaxing as possible and allow the child to express his or her true sentiments.

When it comes to divorce, do adult children have a say?

A child above the age of 18 does not have a legal say in your divorce, according to the law. The child’s and parent’s personal preferences will determine where you live, how much you pay for their needs, and how much time they spend with each parent.

If you have a child with special needs or who is over 18 but incapacitated, this problem becomes more challenging. You may need to arrange a guardianship agreement in those circumstances.

If your child will require assistance for the remainder of their lives, additional arrangements (such as a special needs trust) can be addressed.

Divorce is not only an emotionally draining experience, but it can also be financially draining if you aren’t prepared and don’t consider all of your options. You can apply for an uncontested divorce if you and your spouse agree on the divorce, the distribution of your assets, and the care of your children, including custody, visitation, and child support.

If you’re considering divorce, you should be aware of the divorce procedure, your options, the length of time it will take to complete the legal proceedings, and the cost.

Without The Assistance Of An Attorney

You have a few options if you want to file for an uncontested divorce on your own. To begin, you and your spouse should fill out the necessary paperwork and submit it to your local family court. The court will then issue you with the necessary forms, such as a divorce petition and a parenting plan, which details your children’s care. You’ll appear in front of the court to finalize your divorce after filing your documents and waiting the time period necessary by your state’s laws. When filling out divorce forms, such as alimony, child support, and property division, make sure you know the laws in your state.

You could also use an online provider to petition for an uncontested divorce. In general, these services will guide you through the process of preparing and filing the divorce forms that your state requires. Check your state’s laws to see if filing for divorce online is allowed.

The cheapest option is to file for an uncontested divorce without the help of an attorney. Whether you file your documents yourself or with the help of an online service, you’ll have to pay around $300 to the court. In addition to the filing charge, using an online service can cost anywhere from $150 to $1,500, depending on the service and your specific situation.

With The Help Of A Lawyer

If you hire an attorney to represent you, he or she will fight for your rights and wants throughout the divorce process. If you have a complicated divorce or if you and your husband disagree on certain matters, hiring an attorney may be advantageous.

You can’t share an attorney with your soon-to-be ex because an attorney can only represent one spouse. Your lawyer will assist you in negotiating many areas of your divorce, such as property distribution, child custody, and debt settlements. Once all essential paperwork have been filed and a court date has been established, your attorney will accompany you to court and present your case to the judge for a final decision.

The cost of hiring an attorney for an uncontested divorce is cheaper than for a disputed divorce. However, if your case is more complicated or if it is a contested case, your attorney expenses will rise.

A retainer, or down payment, of $2,500 to $5,000 is usually required of your divorce attorney. Until the retainer money runs out, your attorney will charge you against it. You may be required to pay an extra retainer or your attorney may bill you by the hour after that. The average hourly legal cost is between $150 and $400.

Through the Process Of Collaboration

Collaborative divorce is a third option that has gained popularity in recent years. This sort of divorce is a cross between hiring an attorney and mediation, in which both spouses work together to solve their problems.

Each side in a collaborative divorce has an attorney who is conversant with the procedure. Each party promises to work together to solve their problems. If the parties are unable to reach an agreement on specific concerns, they may take their dispute to court. Depending on the intricacy of your case, a collaborative divorce can cost as little as $10,000.

You can acquire a divorce in a variety of methods, and the charges vary. Make sure to look into your state’s laws to see what options are open to you. If you and your husband/wife believe you can reach an agreement on important issues, an uncontested divorce may be the best option for you.

Learn how much divorce mediators charge on average and what factors can affect the cost of your divorce.

Private Divorce Mediation Costs

The cost of private mediation ranged from $3,000 to $8,000. The cost of a private mediator or mediation service varies depending on a number of factors, but the overall cost is normally between $3,000 and $8,000. (usually divided with your spouse).

Divorce is nearly usually a painful experience. However, it does not always have to be a protracted court struggle that causes further emotional and financial distress. Many couples have discovered that divorce mediation may assist them in deciding how to handle the practical aspects of their divorce, such as dividing their property and debts, child custody and visitation, child support, and alimony, in a way that reduces tension and promotes collaboration. It may also assist them in reducing the cost of divorce.

How Mediation Affects Divorce Costs

Couples who go through successful mediation—that is, mediation that results in a settlement agreement on all of the problems in a divorce—can avoid the high costs of a typical, combative divorce. People who mediate a divorce settlement are also less likely to go back to court after the divorce to request adjustments, such as a custody modification, according to research, which adds even more expenditure.

But how much does mediation itself set you back? That question does not have a clear response. The cost of divorce mediation, like the entire cost of divorce, is determined by a number of factors, which we’ll discuss below. The main price difference, however, is determined by which of the three major forms of mediation you use:

Mediation can be private, court-sponsored, or community-based.

The cost of a private mediator is higher than that of court-sponsored or community mediation. Private mediation, on the other hand, is more likely to result in a comprehensive resolution of all concerns in your divorce, which could save you money in the long run.

The Price of Divorce Mediation in a Private Setting

You and your spouse will choose and pay a neutral, trained mediator in private divorce mediation. You could also use a divorce mediation agency, which would assign you a mediator (more on that below). Rather than making decisions for you (as a judge would) or advocating for one side or the other (as your lawyers would), the mediator will work with you to find solutions to the challenges in your divorce that you can both agree on. (Learn more about how divorce mediation works.)

The overall cost of private divorce mediation is usually between $3,000 and $8,000, however it might vary depending on the circumstances. If you and your spouse split the expense 50/50, as most couples do, each of you will pay between $1,500 and $4,000 on average.

The cost of mediation is determined by two factors: the mediator’s rate (typically hourly or by the session) and the number of hours of mediation required to reach an agreement on the problems in your case. As we’ll see below, there are other components that go into each of these basic ingredients.

Rates for Attorney-Mediators

The hourly rates for an attorney divorce mediator ranged from $250 to $500.
The hourly prices paid by divorce mediators who are also attorneys vary widely, based on the lawyers’ experience, specialized training, and geographic location.

Rates of non-attorney mediators

The hourly rates for non-attorney mediators ranged from $100 to $350. Non-attorney divorce mediators typically charge less than attorneys, however hourly charges vary depending on qualification, training, experience, and location.

Packages for Divorce Mediation

After an initial examination of your case, some private mediators or mediation agencies will charge a set rate. In some areas, there are also companies that offer flat-rate packages for divorce mediation services without requiring an assessment of your circumstances. In most circumstances, the cost of either sort of flat-rate package is between $4,000 and $5,500, though it can be more in complicated cases. Mediation packages may offer varying levels of service or features, so pay attention to the fine print when comparing prices. Some services charge a flat fee for an infinite amount of mediation hours, while others have a limit (with an extra hourly charge if further sessions are needed). Others, following a free initial consultation, will quote a flat charge that is relevant to your case. Some services use family law attorney mediators, while others use non-legal mediators, or a combination of the two.
Preparing a formal settlement agreement and/or completing other divorce forms may or may not be included in the package.

Source: https://collaborativedivorcetexas.com/steps-telling-spouse-want-divorce/

If you and your spouse live in different states but want to divorce, it can be done. If your spouse filed for divorce first in a different state, that filing and that state’s laws usually control the proceeding. Read on to learn more.

When you want to divorce your spouse, first determine whether one or both of you meet the residency requirements of the state where you intend to file for divorce. These requirements differ by state. In most states, at least one of you must have been a resident for at least six months. However, other states apply strict residency requirements of up to one year.

Understand the relationship between filing and jurisdiction.

When you and your spouse now live in separate states and each of you files for divorce in your respective states, the state where the divorce was first filed will likely have jurisdiction over the case. In most cases, the state where either spouse files for divorce first has jurisdiction over important decisions in the divorce, including the division of the couple’s assets and liabilities and whether spousal maintenance is appropriate.

Decisions on Asset and Liability Division

Different states provide for different treatment of property and debts. In some states, substantially all property owned by the couple or by either spouse is marital property, subject to a 50/50 division. Other states apply an “equitable distribution” standard when dissolving a marriage.

Decisions on Child Custody

When a divorcing couple has one or more minor children, decisions about child support often follow the laws of the state where the child or children are physically located. Child custody determinations in most states follow a “best interests” standard, where the judge presiding over the case considers what is in the child or children’s best interest.

Source: https://info.legalzoom.com/article/what-process-getting-divorced-while-different-states