Asheville Attorney

Archive for the ‘Family Attorney’ Category

Nearly everyone will need the advice of a lawyer at some point in life, but it is important to know which legal issues should be handled by a family attorney. Four of the more common issues are presented here.

Divorce

When a married couple makes the decision to divorce, an attorney who specializes in family law will help his or her client navigate the legal system to ensure the marriage is dissolved in a fair manner. An attorney will assist with divisions of jointly held property and debts, issues pertaining to custody and financial support of any children involved, spousal support, and so forth. A lawyer can also litigate in the dissolution of non-traditional marriages such as civil unions and domestic partnerships.

Adoption

In cases of adoption, laws can vary quite a bit from state to state; therefore, it is imperative to retain a lawyer who can ensure that proper legal procedures are followed. If laws are not strictly followed, this could result in substantial delays in the process of adoption, a denial of the adoption, or it could give cause to overturn an adoption at some point down the road. A family attorney has the knowledge necessary to traverse the legal channels of both private adoptions as well as those conducted through adoption agencies.

Child Support

As mentioned previously, child support issues can arise during the dissolution of marriage. Having a lawyer at one’s disposal to advocate for the child ensures the child has access to the appropriate level of care, enjoys a better quality of life, and potentially avoids poverty. If a court order for child support has been made and the responsible party becomes delinquent on child support payments, a family attorney will fight in court for the monies due to the child. The same applies when the responsible party’s income increases. A lawyer can go back to court to see that child support payments are adjusted accordingly. Conversely, in cases when the responsible party cannot afford child support payments or disputes the paternity of the child, a lawyer is also invaluable in finding resolution.

Paternity

Establishing a child’s paternity is a serious legal matter that also requires the services of a family attorney. For instance, in many states an unmarried male is not automatically guaranteed any parental rights to a child he believes to be his until his paternity is legally established. Means for doing so include DNA testing, submitting a formal affidavit attesting to paternity, or some other court action. Legal representation is also necessary when paternity is denied by the father.

When should I consult with a divorce attorney?

It is never too early in the process to consult with an attorney. Engaging with legal counsel early allows you to make informed decisions and avoid potential pitfalls – increasing your ability to achieve your goals. Remember, consulting with an Austin divorce attorney does not mean that you will be divorced; you may need information about the family law legal process. A common problem that I see is clients wait too long to contact an attorney to obtain legal advice and could have ended up with a better result if they had been informed about their options earlier.

What should I bring with me to the initial consultation?

Because family law matters can be very stressful, it is a good idea to write down any questions you have and bring them with you to the first meeting so nothing important is forgotten. You may also want to bring any documents relevant to your case if available – such as federal income tax returns, or documents concerning your assets and debts. If you signed a pre-marital agreement or any other kind of property agreement prior to or during your marriage, bring a copy to the consultation.

I was just served with divorce papers. What should I do?

You should retain a divorce attorney as soon as possible so they may provide legal advice regarding what has been requested and any hearings that have been scheduled. Once retained, your divorce attorney will file an answer on your behalf.

My spouse and I would like to only hire one attorney for our divorce. Is that possible?

In Texas, one attorney may not represent both spouses. Nor may a divorce attorney retained by one spouse give legal advice to the opposing party. Do some research to find out if your state allows representation by one attorney.

I understand that I have to go through mediation for my divorce. Is that true?

In Travis, Williamson and Hays Counties, mediation is required before a final hearing will be held in a family law case. In mediation, a trained, neutral third-party acts a facilitator for the settlement discussions between the parties and their respective attorneys. If an agreement cannot be reached during the mediation process, the parties may decide to resolve their issues via litigation.

How long will it take to get a divorce?

The time required to develop the final terms of your divorce is highly dependent on the number of issues to be resolved and the willingness of both parties to reach an agreement. In Texas, there is a statutory waiting period of 60 days after the Petition is filed before the divorce may be finalized.

Do both spouses have to consent to the divorce? What if one of us does not want the divorce?

Texas has a “no-fault” divorce statue. This means that a divorce can be obtained, even if only one spouse desires it. You do not need the agreement of your spouse to file the Original Petition for Divorce or to pursue a divorce.

What does it mean when an attorney is Board Certified in Family Law by the Texas Board of Legal Specialization?

A family law attorney who wants to be Board Certified in Family Law by the Texas Board of Legal Specialization applies to the Texas Board of Legal Specialization to take a day long written exam to become Board Certified in Family Law. Of the 78,032 attorneys licensed to practice law in Texas, only 691 are Board Certified in Family Law by the Texas Board of Legal Specialization, or less than one percent of the lawyers in the state of Texas.

* In addition to taking a written certification exam, family law attorneys applying for board certification in family law must have demonstrated extensive expertise in matters such as divorce, property division, child custody, child support, paternity and other matrimonial matters. Specific requirements include:

Must have been licensed to practice law for at least five years Have devoted at least 35% of his/her practice to family law for the last three years Have experience handling a wide variety of family law matters Have received recommendations by fellow attorneys and judiciary members Must pass a day-long written exam on family law issues such as divore and child custody Demonstrate regular participation in family law continuing education seminars

When you said, “I do,” on your wedding day, it didn’t mean that you hoped your marriage works out. No, it meant that you planned on being together for the rest of your lives. A lot can happen in the remaining fifty or sixty years from the time you first walked away as husband and wife until the day one of you is laid to rest. Unfortunately, some marriages don’t work out. Divorce rates are on the rise and most of those are for irreconcilable differences. It’s painful enough to admit that your marriage didn’t work, but when there are children involved it’s worse. This is when you need a good family law attorney.

Should it come to needing a lawyer to help you end your marriage, make sure it is someone who is well versed as a family law attorney. This way you are sure that someone who knows how the system works represents you and your children. You and your spouse may be separating amicably and have already decided on a custody arrangement. But you need someone to make sure it’s all lined out in the legal documentation that the courts will require.

However, while most parties try to separate amicably for the children’s sake, often it can be a nasty situation all the way around. The kids are used as pawns in the parent’s twisted game of revenge. A family law attorney won’t only try to get what is best for his immediate client, but also what is in the best interest of the children. Both parents might want the kids to live with them full time, but one might be better suited to take on that task while the other can visit on weekends and holidays.

A family law attorney isn’t only useful in helping divorcing couples pound out their settlement and custody issues. These highly skilled lawyers can help single parents with issues of child support and paternity cases. If your former spouse or partner has slipped out and left you trying to juggle the bills and raising the kids, then you are entitled to some support. If paternity is contested, they can help you get what you need to prove paternity, even if you are not seeking to support the child.

A family law attorney can help in the many facets of family life when legal help is necessary. Divorce, child custody, child support, and paternity are the most popular reasons to hire one of these specialized lawyers, but that’s not all they do. If you want to add a member to your household through adoption then you need one of these lawyers to help make things easier. They don’t just help take homes apart. They also help bring them closer together.

Family lawyers handle legal matters that pertain to families such as marriages, adoption, child custody, divorces, prenuptial agreements, and domestic violence. They also handle other legal matters like gay partnerships, adoption, child support, alimony, estate planning, and spousal support. Choosing the right family attorney is hard work, but it’s worth it to take the time and do it right.

You can find a family attorney by talking to your friends and family members. Ask them who they would avoid and recommend. Contact your state bar association and get a referral. If you do research online, you will find many family law lawyers in your state. Visit their websites online and make a list of names. Check to see if their advertisements are informative and compelling. Think about what you are looking for in a lawyer. Do you prefer to hire a female or male? What kind of personality traits are important to you? Do you want an aggressive lawyer who will defend you in court and fight for your rights? What’s your budget like? Do you want an attorney who charges a flat fee or an hourly rate? Contact the lawyers that interest you.

Make sure you choose an attorney who has at least 5 years of experience handling the legal matters that are affecting you. The lawyer you hire should also be competent, friendly, and easy to communicate with. You should expect to be treated professionally and courteously by the attorney and his staff. Check to see if the attorneys are affiliated with an association and see if they offer free consultations. Before you make a decision, ask for references. Speak with the people who can comment on the lawyers’ skills. You may want to consider meeting with several attorneys before you hire someone for the job.

When you meet with the attorneys, make sure you ask plenty of questions. Discuss the facts that pertain to your case. Find out what the lawyers’ fees are. Compare the lawyers and their rates and find out if other costs will be involves like copying and faxing fees. Use common sense and your instincts to evaluate each lawyer.

Family law attorneys play a big role in family-related legal matters and marital disputes. No one can predict the outcome of a legal procedure, so it is in your best interest to find the best attorney that you can afford. Family law cases can be very complicated, and if these legal matters are not handled with care, your case may end up in favor of the other party. If you want success and justice, you need to hire a talented family attorney. Consult with an experienced family law attorney today if you questions regarding child custody, divorce, child support, paternity, spousal support, or estate planning. You may be going through a difficult time right now, but if you hire a viable family attorney, your case will be in good hands and you will reach your goals.

If used properly and if conducted by a reputable Asset Search Company, asset searches can be used as a valuable tool in divorce. Before you enter into discovery, or accept your adversary’s financial statement, shouldn’t you be certain that all assets are declared? What happens to an attorney who fails to inform the client that they could have conducted an asset search to uncover assets, either unidentified or incorrectly identified?

Most asset searches cost less than $300.00. At Asset Searches Plus, Inc., for example, a nationwide asset search costs $165.00 for an individual subject and $150.00 for a corporate entity. At the very least, shouldn’t the client be given the opportunity to pay for and conduct a search just in case there are additional assets or entities associated with the opposing party? If the client refuses, the attorney is protected. If the client agrees to conduct the search, then the attorney has satisfied their “due diligence” by conducting a nationwide asset search, which may very well reveal additional assets that can be divided. In addition, where the subject may be concealing assets, such as through family trusts, partnerships or the like, the asset search report will provide a road map for the attorney.

A thorough asset search also provides any liabilities associated with the subject, such as lawsuits, bankruptcies, state and federal tax liens and uniform commercial code filings. These searches usually take 1-3 days to conduct. Detailed reports are then emailed to the attorney to share with their client. Upon receipt, an informed decision can be made by counsel with how to proceed. Remember, “if there is nothing to obtain, there is nothing to gain.” If after reviewing the asset search report, it can be reasonably established that the opposing party has declared all assets, then the client can have peace of mind knowing that nothing has been inadvertently concealed.

Under most circumstances, asset searches verify the following:

(a) The subject’s full name and address;
(b) Driver’s license information;
(c) Real estate;
(d) Motor vehicles;
(e) Watercrafts;
(f) FAA certifications and aircrafts;
(g) Professional licenses;
(h) Bankruptcies;
(i) Liens and judgments;
(j) UCC filings;
(k) Corporate entities associated with the subject;
(l) Voter registration information;
(m) Sexual offenses;
(n) Employment information; and
(o) State and federal criminal records.

The only information that is usually needed from the attorney or client is the subject’s name and last known address, which can be filled out online or on an order form, which can be faxed and mailed to your office.

Finally, when choosing an asset search firm, make sure to ask the following questions:

1.) Does the firm have attorneys on staff that understand why you need the information and generate reports that are most useful for the family law attorney and their client?
2.) Do they only use “legal” and reliable sources and methods to conduct their searches?
3.) Does the firm stand behind the quality of their work?
4.) Does all work remain confidential?
5.) Does the firm provide a professional looking report that you will be eager to share with your client?

The world of family law is very different than just about any other type of legal practice. One of the major differences is that unlike dealing with many of the business related areas in which lawyers practice – family law can get personal. These family attorneys regularly deal with issues such as divorce, child custody and support, unforeseen deaths, wills and successions. These are areas of our lives which invoke strong emotions and are not always easy to deal with.

Child Custody

The issues of child custody and guardianship are a factor of the high divorce rate in America compounded by the number of children born out of wedlock. Family law matters surrounding children involve designating custody, child and spousal support, parental rights, adoption as well as community property negotiation. And when there are kids involved, hopefully all parties can focus on the best interests of the entire family rather than strictly their own self interests.

When it comes to child custody – courts will generally choose one of the following types:

· Temporary custody – this is granted during the divorce or separation proceedings and is usually replaced with a more permanent solution.

· Exclusive custody – This is when one parent gets all of the custody rights to the child and the other parent is excluded.

· Joint custody – refers to when parents are granted some version of equal rights regarding the child’s upbringing. Joint custody is usually reserved for situations where both parents are competent and able to carry about parental duties.

· Third party custody – if both parents are either incapacitated or deemed unfit, the courts can award custody to a third party and may include family members such as uncles, aunts and grandparents.

Guardianship Issues

Another issue facing parents is what to do if you do not have a trustworthy person to leave as a legal guardian or trustee for your children or heirs. When this scenario arises, guardianships can be used as a last resort.

A guardianship refers to a situation where a child or incapacitated adult needs someone to manage their assets. These are usually supervised and assigned through the court system and require extensive legal work to setup and manage, including annual accounting and restrictions as to how money can be used and spent.

Wills & Successions

Wills & successions are often thought of as “estate planning” instruments, but really they should be considered part of family law. Taking the time to plan for unforeseen events is a critical part of ensuring your family is protected and your wishes can be followed, especially if the unimaginable happens. If you want to know how important having even a simple will can be, simply ask anyone who has unexpectedly lost a family member who didn’t have one!