Family Attorney » Emotions

Family Attorney – What Is The Price Of A Combination Of Laws And Sensitivity?

admin — Fri, 05 Mar 2010 00:59:18 +0000

Family attorney is a term widely used to describe attorneys that deal with the infinite aspects of family law, as well as those of property law, criminal law, probation law, etc.

A Multifaceted Job

The most common cases a family attorney has to deal with are child custody, divorce, abuse and domestic violence. However there are many more instances where even the best family attorney would have to work with kidnapping, parental rights, emancipation and so on. Seeing how a particular case can be related to other legal areas, specialization does not count in this kind of profession as experience does. The more experienced a divorce attorney is the more chances are that he would have dealt with a case similar to yours.

A family attorney has to be aware of the various family laws in different states as well so as to be able to relate them to property and criminal laws in the same state as his client. These internal rules are certainly not valid just for a family law attorney but also for other lawyers who specialize in different areas. However, the nature of work that an attorney has to deal with is very sensitive as it concerns emotions and feelings related to the family.

When Children Are Involved

The most fragile section of the society is often involved in these cases: children. Whether because of divorce or abuse, the protection of minors is the main focus of any family law attorney. Children are always the first ones to be represented and protected, although the case might not be raised by them. It is the duty of the jury and of the best attorney to always stand by and shelter the innocent section of our society. Therefore, attorneys have to always be sensitive to emotional issues of minors. If traumatized at young age, the child will tend to face problems at all stages of life in future.

As the nature of the work is so various and so demanding, a family attorney will charge differently for each case. The fees depend on the hourly basis as well on the outcome of the case in court. The hourly rates depend on the area or the state, on the experience and popularity of the attorney and on the nature of the case. Retainer charges asked by attorneys are usually paid by the spouse with a higher income, if the second spouse is in financial difficulty. The court usually gives an order called ‘Pedente lite’ so that payment by the spouse with a higher income becomes compulsory.

By: Saurabh K Jain

Family Law Attorney: Helping You Through a Child Custody Hearing

admin — Mon, 07 Dec 2009 09:21:04 +0000

Being a parent can be one of the most rewarding experiences of your life. The unconditional love between you and your child is probably one of the most unique and amazing things you have ever known. When conflicts arise between you and the other parent of the child however, the situation may escalate to such a level that you may end up in a court hearing for any number of reasons, including a child custody hearing or a child support hearing.

If you and the other parent of your child will be going through a court hearing regarding your child, you might want to consider hiring a family law attorney. These legal professionals can help you navigate the type of court hearing you are going through and can help make sure that you are properly portrayed during the hearing.

If you are going through a child custody hearing, it will probably be one of the most stressful and difficult times of your life. It will be difficult and stressful because both you and the other parent of your child will likely both be fighting for custody of the child. Just the fear of losing custody of your child may be enough to raise your stress to an unhealthy level, and if you do not know what to expect during the hearing, it may put your emotions over the top. A family law attorney will be able to inform you of what to expect during the hearing and can help make sure that you are properly portrayed during the hearing, which can be the difference between being awarded custody and losing custody of your child.

The court will likely consider many factors during your custody hearing before determining how custody will be split and to whom it will be awarded. One of the main factors that the court will probably consider during the hearing is your parenting ability. With this in mind, it can be extremely beneficial to have a family law attorney on your side that will be able to portray your parenting abilities in the best light. Keep in mind, the other parent of the child will probably also be trying as hard as they can to gain custody, so having a legal professional on your side that has experience in these types of cases can be crucial.

Once you have made it through the custody hearing, you may also have to endure a support hearing. The support hearing will probably be held to determine how much money the non-custodial parent will be required to pay each month in child support. Whether you are the parent making the payments, or the parent receiving the payments, a family law attorney can be a great help in making it through this hearing as well.

Fighting with the other parent of your child regarding child custody, or any other matter, can be very stressful to endure. When the conflicts end up in court, you may want to hire a legal professional to help you through the hearing. There are many benefits to hiring a lawyer to help you through the hearing, with the most important being coming out ahead at the end of the process.

By: Justin

Family Attorney – What is the Price of a Combination of Laws and Sensitivity?

admin — Thu, 19 Nov 2009 14:26:57 +0000

Family attorney is a term widely used to describe attorneys that deal with the infinite aspects of family law, as well as those of property law, criminal law, probation law, etc.

A Multifaceted Job

The most common cases a family attorney has to deal with are child custody, divorce, abuse and domestic violence. However there are many more instances where even the best family attorney would have to work with kidnapping, parental rights, emancipation and so on. Seeing how a particular case can be related to other legal areas, specialization does not count in this kind of profession as experience does. The more experienced a family divorce attorney is the more chances are that he would have dealt with a case similar to yours.

A family attorney has to be aware of the various family laws in different states as well so as to be able to relate them to property and criminal laws in the same state as his client. These internal rules are certainly not valid just for a family law attorney but also for other lawyers who specialize in different areas. However, the nature of work that a family attorney has to deal with is very sensitive as it concerns emotions and feelings related to the family.

When Children Are Involved

The most fragile section of the society is often involved in family law cases: children. Whether because of divorce or abuse, the protection of minors is the main focus of any family law attorney. Children are always the first ones to be represented and protected, although the case might not be raised by them. It is the duty of the jury and of the best family attorney to always stand by and shelter the innocent section of our society. Therefore, attorneys have to always be sensitive to emotional issues of minors. If traumatized at young age, the child will tend to face problems at all stages of life in future.

As the nature of the work is so various and so demanding, a family attorney will charge differently for each case. The fees depend on the hourly basis as well on the outcome of the case in court. The hourly rates depend on the area or the state, on the experience and popularity of the attorney and on the nature of the case. Retainer charges asked by attorneys are usually paid by the spouse with a higher income, if the second spouse is in financial difficulty. The court usually gives an order called ‘Pedente lite’ so that payment by the spouse with a higher income becomes compulsory.

By: Apurva Shree

Why A Family Law Attorney Can Help

admin — Tue, 17 Nov 2009 14:42:41 +0000

Every family is unique in their own way. Some families are large while others are very small. Some families seem to be perfectly functioning, happy units, while others can not seem to function no matter what they do and are always at odds. No matter which type of family you belong to, if things begin to go wrong, you will likely want some help in figuring out what you need to do to get things resolved and move on with your life.

A family law attorney is a professional that specializes in matters when things go wrong in a family. This type of attorney can help out with any number of issues that you may be going through so it might be a good idea to just schedule an appointment with them to discuss the issues that you are dealing with and to see if they can be of any assistance.

One issue that a family law attorney can help out with is if you are a parent and you are fighting with the other parent for custody of your children. This type of battle is often very personal for everyone involved and can become highly emotional. With this, you might be thinking of representing yourself but it might not be the best route to take especially if you do not feel that you can keep your emotions in check throughout the hearing.

Another time that a family law attorney might be of use to you is if you and the other parent of your children are trying to figure out support payments. These types of cases are also highly emotional because you are battling over the well being of your children and how much one parent is going to pay and how much the other parent will need to receive each month in order to cover the costs of raising the children.

Again, there are many more instances where a family law attorney can be of immense help to you if you are dealing with family issues so you might want to make an appointment with one if you do not think that you can handle the situation on your own or if you need advice on how to proceed from the point that you are at. They will likely have a great deal of advice on how you should proceed and will give examples of how they can help you out along the way.

By: Justin

Empowering Women – How to Take Care of Yourself During a Divorce

admin — Mon, 24 Aug 2009 01:34:29 +0000

If you are female and either considering a divorce or already going through the process, then you need to read this article. Why? Because divorce is an emotional process to a business-like decision. Whether you have been married for 6 months or 40 years, you invested much of yourself emotionally. You probably entered this marriage believing ’til death do you part. Suddenly, you realize your life may not be including this person any longer.

This can be overwhelming. You may experience feelings of anger, confusion, disbelief and/or grief. This is to be expected, but you can overcome it. You can learn to empower yourself and make the best of a difficult situation. You are going to have to make decisions, some of which can cause strong emotions, like splitting up assets, considering who will get the house, and dealing with child custody issues. These decisions must be made with a clear head and not an overwrought heart.

If you are considering divorce, or even if the divorce has already been filed, you need to take care of yourself (and children if any) first and foremost. I suggest you consult with a financial planner and a family attorney. Even if you choose to take care of the divorce through mediation, you want to be sure your finances are secure upon the completion of the divorce. You want to make sure you know your rights. These professionals can be an asset when making decisions, which will ultimately effect your future.

If you find the need to hire an attorney, consult with them for legal purposes only. Too often, I hear of women who turn to their attorneys every time they argue with their spouse, crying on their shoulders (literally and figuratively) and seeking emotional support. What many don’t realize is every time the attorney is contacted, they are charging you, regardless of the reason. This can lead to huge attorney fees, which will be taken out of your part of the settlement. If you need support, seek out the aid of friends and family. If you do not have a good support system in place, seek counseling or a women’s support group. Use these outlets, as they will be more beneficial and less expensive than an attorney for this purpose.

Counseling can be beneficial during this time. A good therapist can be objective, while you deal with the strong feelings you’ll experience, which cloud your judgment. A counselor will also help you process the lifestyle changes you’ll ultimately have to deal with. A couple of concerns some women have voiced include the ability to pay for counseling during this time and the confidentiality of their records.

I suggest you pay for the therapy out-of-pocket. You may be asking, “Well, if I have insurance, why wouldn’t I want to use it?” You can use insurance and have every right if you so choose to do so; however, there are possible negative ramifications of using insurance benefits. First, your counselor will have to determine if you meet the criteria for a mental disorder diagnosis to be able to use your insurance, as panels require “medical necessity” to be authorized for benefits. If you do qualify, that mental disorder diagnosis will be submitted for every session to the insurance company. If your divorce isn’t amicable or if your spouse is being vindictive, he and his lawyer may attempt to subpoena any records to win their case. Would you want them to obtain these records from the insurance company? This transitions into the confidentiality aspect of paying out-of-pocket.

By paying your counselor directly, the paper trail is eliminated. Your counselor does have to keep records by law, but those records are kept confidential and can only be released with your permission, by a court order or by imminent emergency, such as suicide or child abuse. So, the chance of your spouse learning of your counseling will only occur if you divulge such information.

The next question might be, “I want to pay out-of-pocket, but I can’t afford it. What can I do?” Counseling does not have to break the bank. You can go to various counseling directories and look for a counselor who falls within your means, such as on PsychologyToday.com and Counsel-Search.com. If this still seems too high, you can contact your local County Mental Health and ask for local community resources. Most communities have low-cost counseling centers, where pre-licensed counselors, under supervision of a licensed professional, can provide quality services.

Remember, divorce is a business decision with emotional impacts. Don’t let your emotions hinder your ability to take are of yourself and your children. Seek the support you need now and end up in a better place when the divorce is finalized.

By: Jodi Blackley

Rhode Island Attorney – What is Pre-Marital Property in a Rhode Island Divorce Proceeding?

admin — Thu, 20 Aug 2009 08:27:46 +0000

What is pre-marital property for purposes of a Rhode Island Divorce?

Seems like a pretty straight-forward question to address in a Rhode Island Divorce, doesn’t it? You’d think that it is just property that either spouse owned prior to the marriage. Makes logical sense doesn’t it?!?

I’ve often wondered if the law needs to complicate things or if it’s provisions just lend us a helping hand. Yet for whatever reason, it does. Perhaps it is simply that the law must take into account as many of life’s circumstances as possible and give the Judge’s a bit of a rest from all the emotions which, of course, run high in the family court on a daily basis.

In any event, pre-marital property isn’t always that simple. For instance, if you take a premarital item, like a pool table you owned before you got married, and you put it in a marital home with everyone (husband, wife and kids) and everyone uses it for 15 years, is it still a pre-marital asset? Or could it be that by putting it in the home and using it as a family that the owner of the item caused it to lose its “pre-marital” quality and has converted it into a “marital asset.”

Consider this example and see what you think:

Jim and Cindy each owned real estate in their own separate names. They got married in 1995 and in 1996 they bought another piece of property to live in while they rented out their separate houses that they owned prior to the marriage. Both Jim and Cindy had separate bank accounts and put the rental monies from their houses into their own personal accounts. Jim did not put Cindy on his bank account and Cindy didn’t put Jim on her bank account. They agreed to keep their bank accounts separate.

While they are living in their marital home they each take money from their weekly incomes and put it into a joint checking account to pay for their bills on their marital home? In 2008 Cindy and Jim agree to have an amicable divorce. Cindy files for divorce. Jim files his counterclaim for divorce.

To be on the safe side Jim hires a lawyer who his recommended by a friend to give him advice about his divorce. Unbeknownst to Jim, his lawyer primarily focuses his practice on commercial real estate closings. During the divorce Cindy discovers that Jim hasn’t been quite faithful to her for the last three years of their marriage and has been having an affair with their next door neighbor, Sharon.

Cindy is upset and wants to punish Jim for his infidelity. Cindy hires a full-time family law attorney who discovers that Jim has been paying his water ad sewer taxes as well as his property insurance for his separate house out of their joint account.

Cindy’s divorce attorney makes a claim that Jim’s house is a marital asset because he used their joint account and therefore both of their monies were used to maintain Jim’s house. Cindy’s attorney checks into her finances and how she maintained her separate house and finds that everything appears to have been kept separate and therefore he maintains that Cindy’s house is most certainly pre-marital.

Since infidelity is normally only considered by the court when apportioning the marital assets of the parties and not as a basis to “punish” an offending party, what, if anything, could Jim argue to get his separate house out of this mess and return it to a pre-marital status?

Is there anything that Jim could look into that might bring Cindy’s separate house into the scope of a marital asset that the court has the power to distribute?

If Cindy contributed only half of what Jim did to the the joint checking account, is Jim entitled to use that extra contribution to pay minor expenses on his separate house?

If Cindy was on disability for a time and Jim lent Cindy money to make the mortgage payments on her separate house for several months, does that make any difference?

If Cindy put on a new addition to her separate house but she did so by a credit application that stated Jim’s income as a means of paying back the loan, does that matter if Jim didn’t sign the loan application?

These are just a few of the many questions that arise with premarital property under Rhode Island Divorce Law.

There are at least 3 other more direct issues raised by this scenario. Can you spot them?

If you had an item of significant value in your life and you didn’t want to lose it or be ordered to sell it by the court, could it possibly be worth the price of a Rhode Island Divorce attorney to give you the best chance at saving that item?

By: Christopher Pearsall