Alimony Lawyer

It is a fact that not all marriages end with happy endings. Divorce can sometimes be the best last option in a bad marriage. However, getting a divorce is not an easy task. In many states it is legal to get a divorce without representation. If you have limited or no assets and no children or dependents, it may the way to go as you’ll save money in attorney and court costs.

Not all couples are advised to file for a divorce without a lawyer because there are some conditions that must be met in order to do away with the need of a lawyer.

There is now available a method to deal with a divorce without a lawyer or an attorney. The process is termed as the Pro Se divorce. To be able to use this process, there are certain conditions that both parties must meet. Both parties must not question any demands from the other party and they both must agree to the terms set by each other.

If the couple has children, they should be of legal age and must not be connected with the case. When filing for a Pro Se divorce, any charges to the other party like debts, physical and mental abuse, or other criminal acts must not be present.

Both parties should also be financially stable after the divorce so that there will be no discussion about financial supports to the other party like alimony.

If the couple has a common asset or a set of properties, they must both agree to the distribution of these assets. If the couple does not agree on a detail about the property split, then they should ask a lawyer to assist them so that they won’t not need to go through a Pro Se divorce.

The Advantage of Divorce Without Lawyer

Hiring a divorce lawyer is an expensive business. Therefore, a divorce without a lawyer saves both parties a lot of money when it comes to lawyer’s fees. However, it would be a good idea if you know all the legalities of this type of divorce before you initiate the proceedings. You should have a clear idea about all the documentation work and the kind of information that will be needed.

Handling your own divorce without lawyers involved really isn’t that difficult. Once you’ve resolved the big questions of child custody, money, and property all that remains is to file the divorce form.

In many state’s you don’t even have to appear in court for an uncontested divorce. Many courts try to make it really easy to go through the whole process of divorcing without a lawyer.

Although getting a divorce without a lawyer may seem like a daunting task with all the paperwork to be furnished and all legalities that need to worked upon, it is not that cumbersome, as you do get help from the courthouse offices. Plus not to mention the amount of time and money one will save.

More info about lawyer here, How To Be A Lawyer

Originally published here.

Divorce Lawyer Guide Blog - 6 Tips For Choosing a Divorce Lawyer

Although it is possible to get a divorce without the assistance of an attorney, if you want the best possible outcome for you and your children, it’s best to work with someone who is already familiar with the ins and outs of the divorce court system in your state. Visit here now http://findonlinedivorcelawyer.blogspot.com/

A lawyer is your advocate for you in the legal system. Aside from the state you file divorce in, the attorney you choose is the biggest factor that will determine the outcome of your divorce. Alimony payments, property ownership, division of assets, and child visitation and custody rights will be determined to a great degree by who you choose to represent you.
Here are some tips that will help you to choose the right divorce lawyer for your particular circumstances:

1) Hire a divorce attorney who has experience in your state of residence – No matter how good a lawyer is, there’s much to be said for having expertise in an area. You want someone who is as familiar with the particular divorce laws in your state as he is with the back of his hand. You also want someone for whom divorce cases are a good percentage of their practice.

2) Interview the attorney(s) in person – a phone conversation won’t do, no matter how highly he comes recommended. You and whoever you choose as your attorney will be partners though the entire divorce proceedings and possibly after. You want to make sure that this is a person who you will feel comfortable about representing you. If you are uncomfortable with the attorney, then he is not the one for you. Listen to your instincts and choose one whom you trust.

3) Hire a different attorney than your spouse – This is true whether the divorce is an amicable one or a hostile one. The U.S. court system is an adversary system. Each person needs a lawyer who is looking out for their client’s interest alone. If a lawyer is representing both clients, he or she is bound to have a conflict of interest on more than a few of the issues that arise. Avoid this situation by hiring your own lawyer.

4) Ask for referrals – you want to know what the attorney’s other clients think of his services. How they were treated. How their case progressed through the courts. And, how satisfied they were with his results. If you are having trouble finding someone to refer a lawyer to you, be aware that some states and municipalities have lawyer referral programs that can refer to to an appropriate divorce attorney convenient to you.

5) Hire an attorney convenient to where you live or work – during the course of the divorce proceedings, especially in the early stages, you will probably be meeting with your lawyer a great deal. Choosing an attorney with a convenient location will cut down on your travel expenses

6) Understand the fee structure – to prevent problems later and to help you budget, make sure that you and your lawyer understand all the fees involved. Most divorce lawyers charge by the hour but some charge a flat fee. In most cases a flat fee would only be appropriate for the absolute simplest of divorces. Divorce Lawyer Guide Blog.

Originally published here.

Visit here Now http://findonlinedivorcelawyer.blogspot.com/

“I won’t agree to this amount, I can’t live on that amount, it’s too low!” she said, as she threw back the marriage “divorce” settlement agreement.  Alimony isn’t to be the sole support but to supplement her income if she is a capable person able to earn her own living.  Alimony shouldn’t be looked at as a “lottery” or a way to soak the ex-husband as it often is looked at by the ex-wife.

The likelihood of being forced to pay alimony

As a man, you have to pull your hair out when you are dealing with an antiquated legal system that favors the woman when it comes to alimony.  The woman’s attorney looks at how many years the woman was married and then calculates how long the man will have to pay alimony.  If you have been married 4 years or less, alimony is not likely.  Between 7 and 12 years of marriage, it is slightly possible to probable.  If you have been married for 15 years or more, in states like Florida, it is “almost definite” and it will be permanent.  Permanent if she found a way to not work during most of the marriage.

Now, you want to settle out of court, because you will probably get a worse deal if the judge gets a hold of your case in a pro-alimony state.  So, on the advice of your attorney, you give in and hope that she will get married some day.  But, you know, why should she?  She has it made.  She is an able body woman, with a college degree who is living off of you.  Talk about the ultimate entitlement!

Paying alimony for a period of time, known as rehabilitative, is understandable.  Give her time to get up to speed so that she can get back in the workforce or start her own business.  But, paying until forever just doesn’t work and is an archaic notion.  Woman should be embarrassed to be sponging off an ex-husband.  The idea of getting a divorce is to get out of a bad relationship; not to get out of a bad relationship to be reminded of it twice a month with an alimony check…FOR LIFE.

Alimony without divorce legal in Maryland

Yes, you read that correctly.  According to an article by Peter Hermann in the Baltimore Sun, December 9, 2009, in Maryland, you don’t need to be divorced to be forced to pay alimony.  The second highest court in Maryland ruled, in a unanimous decision, upholding a circuit judge ruling.  A couple came to court without attorneys and without the witnesses required to testify before getting legally unhitched. The Circuit Court judge refused to divorce them, but he did order that the husband pay the wife $764 a month in child support and $1,500 a month in alimony.  Using a ruling from 1777 as a precedent, when Maryland first started hearing cases involving alimony, ruled on the appeal from the circuit court ruling.  Retired judge, Charles E. Moylan Jr., who ruled for the husband, was quoted in the article: “The notion of alimony totally disconnected from a divorce, albeit a practice boasting a venerable pedigree, has become at least quaintly anachronistic, if not actually vestigial, in 21st Century Maryland.”

North Carolina needs alimony guidelines: it’s time for a change

On the site, Divorce Crossroads, Scott Allen argues that North Carolina should adopt state-wide alimony and post separation guidelines.  Allen goes on to explain.    In North Carolina the amount and duration of alimony (and the amount of temporary support prior to alimony being set — called post-separation support) is in the discretion of the trial judge and this leads to the following:

In similar fact scenarios the outcomes will be different from different judges and in different jurisdictions around the state.
Since the outcome of an alimony case is not easily determined, alimony claims are difficult to settle.
Since alimony is difficult to settle, clients have to spend more money to litigate cases.
Since alimony cases are difficult to settle judges have more alimony cases to hear.

Virginia alimony statue creates a trap for the unwary

Even though parties have a Property Settlement Agreement which does not provide for spousal support at the present time, it is common practice for the Property Settlement Agreement to state that one of the spouses is awarded a reservation of spousal support. When the parties drafted such a provision for a reservation of spousal support, it was probably their intent that the spouse in whose favor the reservation was granted could, at any time in the future, ask the court to award spousal support. However, if their Property Settlement Agreement is incorporated into a Virginia divorce decree in a case which is filed after July 1, 1998, then it will be a case in which the right to spousal support is reserved and therefore it will be presumed that the reservation will last for one-half of the length of the marriage because there are no provisions in the Property Settlement Agreement to overcome the presumption.  published in Divorcenet.com.

Permanent Alimony & The Stay At Home Mom: Florida Divorce and Alimony

Whitney R Lonker wrote in his blog in September 2009:

Florida law provides for permanent alimony when certain statutory factors are met however, in the end, it’s still up to a Judge. Having said that, the length of the marriage is one factor the Courts look to in determining permanent alimony. Usually if the marriage is 10 years or fewer, the courts consider this a short-term marriage and there is a presumption against permanent alimony. If the marriage is 11-16 years, the courts deem this as a “gray area” length of marriage with no presumption either way for or against alimony. A marriage of 17 or more years is considered by the courts to be long-term with a presumption in favor of permanent alimony. However, the requesting spouse has to show a need for the support and the other spouse has to show an ability to pay it. On July 29, 2009, the Florida 3rd DCA stated that there is a strong factor support permanent alimony where a spouse remained home caring for the family rather than pursuing a career for a significant period of time.

Alimony Reform — The Alliance for Freedom leads the way

The Alliance for Freedom is an organized group focusing entirely on legislative efforts to reform the present alimony laws in Florida, some of the most archaic laws in the country.  The group has moved into the next generation of activates to maximize its efforts and effectiveness.  Not only do spouses who pay “lifetime” alimony suffer, but their families, second spouses or significant others are affected.  There is a negative trickle-down effect that has an affect on the whole society and economy and it is time for a change in the laws.

There is a new emphasis on educating the public and those responsible for making the laws that affect family law.  There is a pressing need to end the continuing financial marriage that survives and lives long after the dissolution of marriage that terminated the relationship of the spouses.

The organization is fighting Florida House Bill 277.  This bill allows for:

Award of more than one type of alimony; revises factors to be considered in whether to award alimony or maintenance; provides for award of bridge-the-gap alimony for limited period; provides that such award is not modifiable; provides for award of rehabilitative alimony, durational alimony, & permanent alimony in certain circumstances; provides for modification or termination of such awards.

“H.B. 277 currently before the legislature expands and deepens the Alimony scheme—–a very bad bill.”

R. C. (Dick) Lindsey, Chairman Alliance for Freedom From Alimony, Inc.

The efforts that are made towards reform in Florida will pave the way for other states to follow. Only by your participating and joining the Alliance team, www.alimonyreform.com , will this happen.

“We are currently working with the legislature to make changes to the permanent lifetime Alimony laws—–hopefully change to a system like Texas and some other states have.” wrote Lindsey.

Texas Alimony Law

In order to qualify for spousal maintenance in Texas, the requesting party must meet one of four requirements:

The paying spouse was convicted of family violence within 2 years of the date of the filing of divorce;
The marriage was 10 years or longer and the requesting spouse lacks sufficient property to provide for minimal needs (including property awarded in the divorce) and is unable to support him/herself through appropriate employment because of an incapacitating physical or mental disability;
The marriage was 10 years or longer and the requesting spouse lacks sufficient property to provide for minimal needs (including property awarded in the divorce) and is the custodian of a child who requires substantial care and personal supervision, making it necessary for that spouse to remain at home with that child; or
The marriage was 10 years or longer and the requesting spouse lacks sufficient property to provide for minimal needs (including property awarded in the divorce) and the requesting spouse lacks earning ability in the labor market adequate to provide support of minimal needs.

If the party qualifies for maintenance under (1) (3) or (4), the maximum term of maintenance is 3 years and the amount ordered cannot exceed 20% of the gross income of the paying spouse. If the party qualifies for maintenance under (2), the term can be indefinite.                           Source: Divorcenet.com

With alimony and other divorce related laws, it is up to each state to determine the laws and judgments.  Doesn’t it make sense for states to adopt “best practice” laws and create a uniform system?

The alimony laws, in most states, are outrageous and so out of touch with the reality of life.  Too often, the man is forced to carry the burden of providing for a woman who is very capable of caring for herself.

Unfortunately, the law is not always about what is fair.  It’s time for reform.

Originally published here.

Scott Brown

www.thinkdivorceb4marriage.com