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What Happens If You Commit Perjury in Family Court?

October 30, 2018/0 Comments/in Family Law/by admin

And we all know from 5th grade civics class that this is a crime in and of itself.

But, unfortunately, it’s incredibly common in family court, as well as court in general. It’s supposed to be punishable as a criminal act, and in a perfect world, all people who commit perjury would face consequences.

Reality is far from perfect.

So what really happens when someone commits perjury in family court? Read on to find out more about what the consequences typically involve.

Perjury in Family Court

Family court typically involves parties who are going through a divorce or who are seeking custody of children.

In some cases, these conflicts can extend for the majority of the children’s lives and can become quite nasty.

Therefore, it isn’t uncommon for people to lie in family court. They may lie about things like abuse, paying for child support or other things that blatantly aren’t true.

The goal for both parties in family court is often to gain custody of the children. In some cases, the goal is the illicit a higher child support payment, or have the child support payment lowered.

While both parties sign witness statements under the penalty of perjury, unfortunately, it doesn’t really mean much to the court of law. The cases are often “he said,” “she said,” and need to be arbitrated based on who has the “best story” or which lawyer is the most skilled at ensuring his or her client gets what they’re asking for.

Because of this fact, it can be difficult to prove someone is lying under oath unless one party has clear and solid evidence. This may include emails, text messages or videos of the other party committing the act they allege. Otherwise, the situation is, unfortunately, one person’s word against the other.

What Constitutes Perjury in Family Court?

Perjury in family court can be committed in a number of ways. In addition to lying about abuse or child support, it may include things like lying about where a child resides, lying about the current custody schedule, falsely alleging the other partner prevents a parent from seeing a child, hiding paychecks, hiding documents or falsely stating that a parent is uninterested in being in the child’s life.

In extreme cases, this may also include forging letters or documents and presenting them to the court as authentic.

What is the Penalty for Perjury?

The penalty for perjury is very clearly outlined in most states. Federal law states that perjury can be punished with up to five years in prison in addition to fines and probation.

If someone commits perjury in family court, this creates an entirely separate case. While committing blatant perjury can affect the outcome of the case, the person who did commit perjury won’t be prosecuted as part of the family law case.

Instead, a different case will need pursuing to ensure the person is properly punished for the perjury. This case will be for the crime of perjury alone.

But while the federal law states that perjury is punishable with up to five years in prison and a fine, perjury in family courts rarely amounts to punishment.

This is partially because of the nature of the case, and the fact that most people cannot unequivocally prove that the other party committed perjury.

Another reason why it is not often pursued is due to the fact that most court systems are already overloaded. They’re typically not interested in working with someone who may have committed perjury or prosecuting them. This is most often because they have what they perceive as more serious crimes to deal with.

While someone can start up an investigation into perjury in family court, most lawyers say they’ve never actually seen that occur.

Instead, the person who committed perjury most often gets away scot-free.

Sometimes, a judge will pursue a perjurer for contempt of court. This is typical if the lying is easily provable, and the person has committed another form of attempting to obstruct justice. Again, this isn’t very common.

More often, lawyers who knowingly commit perjury are indicted for their crime. This is much more common than a plaintiff or defendant receiving a punishment.

What to Do If You Catch Your Ex Lying in Family Court

If you’re currently in a potential custody situation, the best thing to do is to immediately get a lawyer. He or she is the best person to help you navigate the situation and can give you the best legal advice based on your personal circumstances.

You should also document everything you can in order to show the court. This can include text message conversations, emails, videotaping abuse and other such evidence. While it may not be easy to prove that the other party is lying, when you have a body of evidence, the court is more inclined to take your word more seriously.

Family Courtroom Drama

Unfortunately, family court can be a messy affair. And perjury in family court is a growing and serious issue that plagues our court system. The fact that very few people have been prosecuted for committing perjury in family court makes it all the more frustrating for those who are genuinely interested in the welfare of their children.

If you are facing a custody issue or think your case may be headed to family court, contact us today. We can advise you on the next steps to take.

Top 8 Signs You Need to Hire a Child Custody Lawyer

October 15, 2018/0 Comments/in Custody Law/by admin

You fell in love and couldn’t imagine life without each other.

Then you decided to get hitched. At first, everything was rosy and there were no issues to report. Then you got your first child.

But instead of life becoming even better, it got worse. Even your baby couldn’t bring you closer together. So, you opted to have a divorce.

If you’re having a divorce, take heart. You aren’t alone.

Over 800, 000 couples in the U.S go through divorce each year. Divorces are far from easy, but they become especially complicated when kids are involved.

You don’t need to handle child custody matters all by yourself. With a family law attorney, you can protect your rights to win time-sharing agreements.

Here are 8 good signs you may need a child custody lawyer while getting divorced.

Your Ex Has Already Engaged a Child Custody Lawyer

If your ex has already hired a family lawyer you’d want to do the same, otherwise, your case might turn a way you don’t expect.

You want to be well-prepared for your custody hearing. That’s especially important if your ex has hired an experienced legal representative to argue their case.

If you’re having money troubles, you can find a low-cost attorney in your area or get free legal aid. But it’s best to hire the right child custody attorney to help you out.

You Believe Your Kids Are in Danger

Sometimes the court’s ruling makes sense in theory, but that may actually put your children in danger. In such cases, time is priceless. This means you’ll need someone who’s familiar with court processes and can push through essential measures.

Often, custody cases may take months to solve, but if there’s evidence of immediate danger to your children, hiring an attorney may be the key that resolves the situation in time.

Your Spouse Has Stopped You from Seeing Your Kids

If you’ve been banned from seeing your own kids, you’ll need a lawyer in order to argue your case for why the decision was wrong. This might be in the form of an appeal or another legal battle to prove you deserve to be part of your kid’s life.

Without a family law attorney, however, you might find it difficult to convince the judge that the original ruling violated the law and your rights.

Your Custody Case Is Complex

Do you live in a different jurisdiction from your ex? Are you both unable to decide between joint and legal custody?

Is your ex trying to persuade the court that you’re not fit for joint custody of your kids? Or, is your present life situation changing so drastically that it can impact your kid’s life? Are you moving in with someone else or remarrying?

If you’re in any of these situations, you should consider hiring a lawyer to steer you through the process of child custody modification.

It’s especially essential to hire a lawyer when remarrying or moving in with someone new. This is because the court will thoroughly scrutinize you and your new partner before they allow joint custody of your children.

Your Custody Case Spans Country or State Lines

If you and your former spouse are in the same state or country, the custody case can often be pretty easy, if you’re in total agreement with one another.

If you’re unable to agree, however, or if the jurisdiction between you both changes, you’ll need expert legal representation.

A child custody attorney can help you fight for custody that does not involve your kid constantly shuttling between parents and help you argue a case that satisfies each party involved.

Since case requirements and proceedings can vary between states, it’s important to hire a lawyer that can guide you through the requirements.

You Receive a Notice About Custody Hearing

You can’t go to a custody hearing without a legal representative. If you do so, you’re highly likely to lose.

When you suddenly get a notice to go to court, it’s important to decide if you need an attorney. Consider hiring a knowledgeable and experienced family law professional to guide you through the legal processes and protect your rights.

Your Ex Wants Sole Custody of Your Kid

This is quite common if a couple had only one child at the time of divorce. In that case, each partner would be fighting to win custody of the kid, and it’s best to hire a child custody lawyer.

Such a lawyer can help resolve the standoff by drafting an agreement that will satisfy both parties. Or, the lawyer can help you file a case to challenge your ex’s decision to stay with the child.

The Court Requires You to Take Classes or Get Treatment

If the court orders you to take anger management, parenting classes, or join an alcohol or drug rehab facility, then they might think that you’re already in a weak position.

In that case, it’s best to get a child custody attorney. The only exception is if both parents in your state or country have to take anger management or parenting classes for any child custody case.

While uncommon, some jurisdictions require some sort of parental training for every child custody case.

Hire a Child Custody Attorney Today

Child custody cases are often complicated. But hiring a child custody lawyer can make things easier and hand you the best chance of winning custody agreements you desire for you and your child.

To find the best family attorneys and law firms in your area, check out Family Attorneys Near Me and browse through our blog for some useful information. With over 2,000 listings, we’re the ultimate directory to find your ideal family lawyer.

You can also browse family and divorce lawyers at these locations: Washington, San Antonio, Dallas, Austin, Houston, Columbus, Oklahoma City, Sacramento, and New Orleans.

1. Ask Your Potential Family Lawyer, “How Much Experience Do You Have in Family Law?”

This is perhaps the most critical question to ask any family law attorney you’re interested in hiring.

You need a lawyer who possesses the necessary knowledge and experience to navigate your case in the most streamlined manner possible. An attorney who lacks family law experience might not understand your case’s intricacies in the same way that a seasoned lawyer would.

2. “How Quickly Do You Typically Respond to Emails and Phone Calls?”

When you’re on pins and needles during your divorce proceeding, it’s understandable that you want to hear from your lawyer in a timely fashion. For many people, having a lawyer respond to them within 24 hours is ideal. For you, weekly communication may be enough.

Before hiring a lawyer, make sure that you ask the attorney his or her policies about responding to your questions. A smart lawyer will give you the personalized attention you desire while also streamlining your communications to keep your legal expenses as low as possible.

3. “What is Your Method of Charging Clients?”

When you’re interviewing potential family law attorneys, ask them how they usually charge clients.

For instance, some attorneys charge by the hour, whereas others work on flat fees or retainers.

You may also have to cover other costs as part of your case, such as travel expenses, fees for outside consultants and court costs.

A reputable family law attorney will be honest about your case’s costs and how he or she will handle your billing process.

4. “How Often Have You Handled a Case Like Mine?”

If you ask family law attorneys this question, they’ll likely say they’ve handled quite a few cases. But, you should ask them how often they’ve handled cases featuring circumstances like yours.

Even if an attorney has handled more than 60 divorce cases, he or she might have handled only a few cases involving complicated alimony matters.

Especially if your future ex-spouse is adversarial or if your case might be contentious, it’s critical that you also ask how often your potential attorneys have represented clients like you in a divorce trial.

5. “Who Will Handle My Case?”

Many family law attorneys have teams of people working with them on complicated cases.

For instance, an attorney might enlist the help of a paralegal or a support associate. Accountants or financial advisors may also help your attorney to determine how to divide assets during your divorce.

This team approach could save you money in the long run and also help your attorney respond to your case’s demands more effectively. Be sure to ask your potential attorney how experienced these other professionals are.

6. “What’s Your Approach to Representing or Winning Cases?”

This is a particularly important question during a divorce proceeding. After all, if you’d like to divorce your spouse in the most amicable manner possible, an aggressive attorney might not be a good fit for you.

At the same time, if you want to take your divorce case to trial, you’ll need a family lawyer who doesn’t mind pushing the envelope to get you the best outcome.

7. “What Options Do I Have for Resolving My Legal Issue?”

In line with question number six, let’s say you fall under the category of those wanting an amicable divorce. In this situation, be sure to ask a potential attorney what out-of-court options you have for resolving your case.

For instance, the attorney may have a lot of experience with divorce mediation or collaborative divorce. Or, he or she may enjoy participating in informal negotiations. These divorce processes offer the benefit of being less costly and time-consuming compared with traditional divorce litigation.

8. “What Is My Case’s Likely Outcome?”

This is a fair question, as you naturally want to know how good your chances are of winning your divorce case.

Don’t choose an attorney who gives you the answer you want to hear. Instead, choose one who gives you an honest answer.

The more honest answer you receive, the more prepared you’ll be for what comes your way as you progress through your divorce proceeding.

9. “How Will You Get in Touch with Me?”

As we mentioned earlier, communication is essential when you’re working with a lawyer. In addition to finding out how often you can expect to hear from him or her, find out what communication methods he or she prefers.

Some attorneys prefer to talk by phone, others by email. Choose one that fits your communication style so that you have the most pleasant client-attorney relationship possible.

10. “Who Are Your Typical Clients?”

This question is frequently overlooked, but it’s an important one.

For instance, you may own high-value assets that will be complex to split during your divorce, such as a family business. In this situation, you don’t want an attorney whose clientele is predominately those in the lower middle class, where the splitting of assets may be a bit more straightforward.

Your prospective attorney’s typical clients will tell you a lot about whether he or she can handle your case with ease.

How We Can Help

We offer a comprehensive listing of more than 6,000 attorneys who are ready to meet your legal needs.

Begin your attorney search here to kick-start your divorce process with the right family lawyer near you today.

8 Reasons to Hire an Attorney to Handle Your Divorce

September 4, 2018/0 Comments/in Divorce Law/by admin

Infidelity, financial problems, and conflict are some of the most common reasons for divorce.

No matter the reason for yours, it’s bound to be a difficult time in your life. That’s why you need to hire an attorney.

Divorce is a complicated and arduous process, and if you attempt to go through it alone, you could end up with more problems than you started with. In this post, we’ll tell you why you should have a lawyer on your side.

Read on to find out how they’ll make the entire process easier for you.

Why Every Divorcee Should Hire an Attorney

Not sure if you need a divorce lawyer? Here’s why you do.

1. Protect Your Rights

A lawyer knows exactly what your rights are and how to protect them.

They’ll ensure that you don’t have the wool pulled over your eyes during your divorce. Instead, you’ll be fully informed about the process you’re going through, what’s required of you, and what the conditions of your settlement are.

2. Handle the Paperwork

In any legal proceeding, there is a huge amount of paperwork involved. Divorce is no different.

If you try to go it alone, the sheer amount of red tape and documentation you have to navigate can quickly become overwhelming. For a divorce lawyer, dealing with these things is second nature.

They know exactly which documents you need and how to complete them. They’ll also make sure you understand what they all mean, explaining any legal jargon and complicated clauses along the way.

This streamlines the entire process for you.

3. Get Objective Advice

A divorce is an incredibly emotional time in anyone’s life.

While you’re going through this process, it can be hard to look at things objectively. That’s why you need an attorney. They’ll offer expert third-party advice, completely free of any bias or judgment.

This can help you to make the right decisions. They’ll let you know if any of your feelings or requests are unreasonable. They’ll also create a buffer between you and your spouse, so emotions can be taken out of communications and things can be handled in a more professional, effective manner.

This way, disputes, and disagreements become much easier to settle. The stress, emotion, and hassle are removed from the equation.

4. Speed Up the Process

The last thing you want is to drag out your divorce for months or years at a time. Ideally, you should come to an agreement that suits both you and your spouse as quickly as possible.

Without a lawyer, it’s very difficult to do that.

This is because you have to spend extra time figuring out the process and handling negotiations by yourself.

When you have an attorney on your side, everything moves faster. This means you can get everything finished and move onto the next chapter of your life much more quickly.

5. Expertise in Family Law

A family attorney has worked with hundreds of divorce cases before yours. In all likelihood, they’ve seen it all before.

The chances are that you’ve never been to a family court before. Even if you have, your experience can’t compare to the expertise of a lawyer.

After studying and practicing law for a number of years, they’ll have accumulated the expert knowledge and skills needed to handle your case.

When you have a great divorce attorney, you can feel completely confident about putting your case in their hands.

6. Keep Your Finances in Check

You’d be forgiven for thinking that it’s cheaper to choose not to hire an attorney for a divorce. After all, you could have to pay some hefty legal fees.

However, these fees are nothing compared to the amount you could lose if you choose to go it alone. Without the right professional guidance and advice, you could end up making financial losses that you regret for the rest of your life.

A lawyer can help you avoid losses like these by negotiating a reasonable settlement. They’ll also advise you on how to keep the cost of the procedure down.

7. Know Your Options

If you’re not familiar with the legal process of a divorce, you may not know what options are available to you.

This makes it easy for you to be taken advantage of. If you represent yourself, you will find yourself with limited options available to you, and your spouse’s lawyer will have the upper hand.

An experienced lawyer can let you know about options that you didn’t even know existed. They’ll present you with a variety of ways in which to approach and settle your case. Then, they’ll guide you through each one, so you can make an informed decision.

8. Separate Marital Assets Fairly

One of the hardest parts of divorce is letting go of everything you’ve built with your spouse.

This can include marital assets like property and cars, as well as finances. If you have children, you’ll also have the complicated task of making arrangements for child custody. Negotiating and coming to an agreement on these matters can be an extremely difficult process.

When you have an attorney in your corner, they’ll fight for you every step of the way, so that you can improve your chances of getting the outcome you want and deserve.

Find the Best Lawyer for You

Now that you know why you need to hire an attorney to guide you through your divorce proceedings, the next step is to find the right one.

It’s important that you have a good working relationship with your lawyer. A divorce is an extremely personal and emotional process, and you need someone who can provide the support and guidance you need, as well as the expertise.

There are hundreds of attorneys in your area to choose from, and it can be hard to know how to pick out the best ones. To find out, read our definitive guide on how to find a good divorce attorney.

10 Times You’ll Need a Family Attorney on Your Side

August 21, 2018/0 Comments/in Family Law/by admin

Are you in need of an experienced family lawyer to help you through your legal issues?

An experienced family law attorney can give you valuable insight into the legal process. He or she can also be a trusted counselor and someone to lean on during a difficult time in your personal life.

While many people identify a family lawyer as someone that handles divorces only, these attorneys practice in a wide range of family law areas.

Read on to learn 10 times you’ll need a family attorney on your side.

1. Divorce

Are you and you and your spouse unable to reconcile your differences as a married couple?

According to the American Psychological Association, 40 to 50 percent of marriages in the United States end in divorce.

You need a family lawyer to help guide you through the divorce process in your particular state. That’s because laws vary from state to state and you need to be sure that you have the best representation in your jurisdiction.

2. Property Settlement

The dissolution of marriage can be an emotional time for everyone involved.

One of the most important areas of a dissolution is determining what is a fair property settlement. This can be a complicated process if you and your spouse have a lot of different assets.

The property settlement will be based on who has the right to the asset. It will also be based on the dollar value of that asset at the time of your dissolution of marriage.

3. Child Custody

Many types of family lawyers are experienced in child custody issues.

This can be the single most meaningful aspect of a divorce because both spouses may want as much time as possible with their children. Each state treats this issue differently, which means you need a lawyer licensed and experienced in your state.

For example, Florida family law judges use the best interests of the child (BIC) standard. To make a determination on this issue, they look at a wide range of factors to decide what suits that child’s interest the most.

4. Adoption

One of the rewarding parts of a family attorney’s job can be bringing a family together.

If you are considering adopting a child, a family attorney can help you through the process so that you understand how the process works. They can also help you ensure that you are going about things the right way through the adoption agency.

This way you can avoid having to repeat the application process or endure extended delays until you are approved to adopt a child.

5. Civil Unions / Domestic Partnerships

An attorney for family law can also help you with a civil union or domestic partnership.

On June 26, 2015, the U.S. Supreme Court in Obergefell v. Hodges held that the fundamental right to marry is guaranteed to same-sex couples by the Due Process Clause and Equal Protection Clause of the Constitution.

This landmark case set off a major increase in same-sex marriages in states across the country. However, even after this case was decided, there are still couples that wish to form a civil union or domestic partnership.

An experienced family law attorney can help you and your partner by answering your questions and explaining the legal ramifications of each option you have.

6. Alimony

Alimony is payment for the support of a former spouse and can have a major impact on your quality of life.

This payment can be made at once in a lump sum or ordered by a court to be paid each month, or on another schedule. Although this amount will be court ordered at the end of your dissolution case, it doesn’t mean a former spouse will stick to it.

Even after the dissolution of marriage, you may need to hire a family attorney to fight for back payments or other amounts that have gone unpaid over time.

7. Marriage

A family lawyer can help prepare you for submitting the proper paperwork to receive your marriage license.

They can also help you by giving you advice on how to ensure you make the proper updates after a name change.

Officially changing your name is only one step in the process. You will also need to ensure you are changing it with all necessary entities and that you have done it in a reasonable amount of time.

This way you can avoid confusion after your nuptials and enjoy spending more time as a married couple.

8. Prenuptial Agreements

A prenuptial agreement is a way for a spouse to protect assets that he or she holds before they marry the other spouse.

In short, this is a contract that is signed by both parties. It states that the property listed in the contract is to be maintained as that of the original owner and not to be considered marital (or common) property.

It’s crucial in these agreements that they are written correctly so that the proper intent is recognized. They also need to be legally enforceable of they will be rendered invalid by a court in your state.

9. Separation

A family law attorney can also help you and your spouse separate from one another.

This is important because a legal separation is different from a divorce. It also is often used by a couple to separate from one another and attempt to work out differences.

In the event that separation does not work, the spouses may opt to take the next step and formally divorce from one another.

10. Child or Spousal Abuse

A family lawyer can also help you through handling allegations of child or spousal abuse.

These are important allegations because if proven, they can have criminal penalties including jail or prison time. This also depends on the severity of the facts and the crime charged, if any.

These allegations can also serve as a basis to remove custody of a child in favor of the for the other spouse. You need an attorney that can guide you on these issues and help you make an informed decision in the end.

Wrapping Up: Do You Need a Family Attorney?

A family attorney can help you through many different areas of family law.

But to make the most of any attorney-client relationship, you have to take the time to find the right lawyer for your needs.

This is a time-consuming process but it is worth it to learn about your attorney before the representation begins.

Are you interested in finding a family law attorney in your area?

Check out our blog post on ‘A Complete Guide to Prenup Agreement Pros and Cons’!

10 Reasons Why You Need to Create a Will

August 6, 2018/0 Comments/in Family Law/by admin

Having a will is one of the most important things you can do for your family. It’s your opportunity to legally protect your family and your assets.

Without a will, the court decides how to distribute your assets after your death. Your will is your last chance to make sure your wishes are followed.

Do you know what’s going to happen to your estate if something should happen to you? Here are 10 reasons why you should create a will.

Prevent Family Disputes

It is common for siblings and family members to fight over assets after the death of a parent or loved one. In fact, it tears many families apart.

The death of a family member is a stressful time. Having to haggle over furniture, insurance policies, and more only creates more stress and emotional turmoil for your family.

It causes family members to guess what your wishes were or to disregard your wishes altogether because they aren’t in print.

Having a clear will in place can prevent family disputes over who gets what. Your will should clearly outline how you want to distribute your estate.

This can offer you peace of mind now and make things easier for your loved ones when you pass away.

Provide for a Partner or Friend

You should have a will in place if you want to leave your assets to a partner you’re not married to or to anyone who isn’t family. A will is the only way to ensure your assets go to the ones you choose.

Without a will, your life partner may not receive what you wish for them, and other family members may step in to claim your assets.

You can prevent this by having a will that clearly states who you wish to inherit your estate. This will deter anyone who wants to stake a claim after your death.

You will need a lawyer to help you with the process.

Choose Your Executor

A will allows you to have an executor to oversee the distribution of your estate. This should be someone you trust to manage your estate after you pass away.

You want to choose someone who is rational, organized and has your best interests at heart.

This can offer you peace of mind knowing you have chosen someone to manage your affairs according to your wishes. This is important because the last thing you want is an executor who will mismanage your assets.

Appoint a Guardian for Your Child

If you have children, appointing a guardian is the most important part of your will. This is especially true if you are a single parent and there isn’t another parent the child could live with.

You want to choose someone you trust and who shares similar values as you. You want to make sure you discuss the decision and that the guardian is comfortable and certain with the decision.

Planning for a guardian prevents an undesirable relative from raising your child if you die. You can make arrangements in your will to provide for your children and their education as well.

Plan for your Funeral

A will allows you to share your wishes for your funeral with your family. You can pre-arrange everything for your funeral to make things easier for your children or family members.

Your will can outline how to handle your remains or if you wish to donate your body or organs to science. For many, planning ahead offers peace of mind knowing your children or family won’t have to make these decisions at a difficult time.

Disinherit Family Members

When you have a will, you can disinherit family members who might otherwise receive your assets. In your will, you can designate which persons or charities you want as beneficiaries.

People sometimes disinherit children or choose to favor one child over another in their wills for various reasons. Your estate is your life’s work, and you have the right to divide it as you wish.

Avoid a Long Probate Process

All estates go through a probate process. Having a will in place speeds up the process.

You have already decided how to divide your estate, so the court does not have to.

If you die without a will, the court decides how to divide your assets. This process can be lengthy and cause fighting among family members.

Give Gifts or Donations

A will allows you to designate gifts or donations to charities or institutions of your choice. This allows your legacy to continue and reflects your character and values.

A portion of your gifts is excluded from the estate tax. This leaves more of your assets for your beneficiaries.

When your Circumstances Change

Life continually changes, so it’s important to update your will as your circumstances change. New jobs, more money, babies, divorce, and more may lead you to change your will.

You can change your will at any time and feel good knowing you have things in order in case you pass away.

Create a Will Because Tomorrow Is Uncertain

Many people know they should have a will but procrastinate and put it off because they don’t want to think about it. But no one knows what tomorrow holds, and you need to have a will to protect your loved ones.

Unexpected deaths and disability happen, and it is always better to be prepared for that possibility.

Things to Consider

If you are ready to create a will, you need to understand your assets and your net worth. You must think about your loved ones and who gets what.

You want to consider who would be a good executor of your estate. If you have children, you want to have a guardian in mind.

Everyone’s circumstances are different, so your will should reflect what’s best for you and your family’s needs. If you are ready to get started, you will need a lawyer.

We can help you with that. Be sure to check out our website and contact us with any questions.

A Complete Guide to Prenup Agreement Pros and Cons

July 23, 2018/0 Comments/in Divorce Law/by admin

Nobody wants to think about their marriage not working out. But, in a world where 40-50 percent of marriages end in divorce, you need to entertain the possibility that things might not end well.

It seems that lots of couples are starting to think along these lines. The majority of attorneys have reported noticing an increase in the number of couples who are seeking prenuptial agreements, especially among millennials.

If you’re getting ready to tie the knot, it’s important to consider the benefits and drawbacks of a prenuptial agreement.

Read on to learn all the prenup agreement pros and cons so you can make the best decision for yourself and your partner.

What is a Prenup?

First things first, let’s clarify what a prenuptial agreement is.

A prenup is a legally binding contract that two people sign before they get married. In the agreement, the couple addresses the following issues:

The property they each bring to the marriage
The property they may acquire during the marriage
The property rights of each party should the marriage end in divorce

It’s not exactly romantic, but many couples believe that these are important issues to address before getting married.

Prenup Agreement Pros and Cons

As with anything, there are both benefits and drawbacks to getting a prenup agreement before you get married. Some of the pros and cons are explained below.

Pros

There are many reasons why couples choose to sign a prenuptial agreement. Some of the benefits that come from signing one include:

Protecting the inheritance rights of your children or grandchildren from a previous marriage
Protecting a business that you own (or partially own) so it’s not subject to your partner’s control should you get divorced
Protecting you from assuming your partner’s debts should they owe significantly more money than you
Ensuring that you will be compensated for your sacrifice should you choose to give up a lucrative career after you’re married
Limiting the amount of spousal support you’ll have to pay should you get divorced
Protecting your financial interests if you have substantial wealth and are entering into a second or subsequent marriage

If any of these benefits sound appealing to you or your partner, you may want to consider signing a prenuptial agreement.

Cons

At the same time, there are drawbacks to a prenuptial agreement, and this document is definitely not all-encompassing. Before you sign a prenuptial agreement, be sure to take the following cons into account:

You may have to forfeit your right to inherit your spouse’s estate when they die
You may not be entitled to a share of an increase in a business’s value, even if you contribute to the business’s growth
Your partner may interpret your desire to sign a prenuptial agreement as a sign of distrust — this can start your marriage off on bad terms
It’s hard to predict future problems with your marriage and compromises you make when signing the prenup could become problematic later on
The low- or non-wage-earning partner may not be able to sustain their lifestyle should the marriage end in divorce
One spouse may agree to terms that are not in their best interest because they don’t believe the prenuptial agreement will ever need to be called upon
The prenuptial agreement may prove to be unnecessary, especially since some states don’t allow issues like child support to be resolved through them
Some state laws cover asset and property distribution without the need for a prenup
At the time when the couple signs the agreement, it may be too early, especially if they don’t yet own property or have a lot of assets

As you can see, there are certainly drawbacks to a prenuptial agreement, especially if one partner makes significantly less money than the other or does not own any property of their own.

Who Should Get a Prenup?

It’s true that ay couple can potentially benefit from a prenup. But, based on the pros and cons outlined above, certain couples may see more benefits than drawbacks from signing a prenup before they get married.

The answers to the following questions can help couples determine whether or not a prenup might be a good idea for them:

Do you own real estate?
Do you have more than $50,000 in assets?
Is your annual income greater than $100,000 per year?
Do you own any part of a business?
Do you have more than a year’s worth of retirement benefits?
Do you or your partner plan to go to school while the other works?
Do you have employment benefits like profit sharing or stock options?
Does your estate name other beneficiaries or heirs besides your partner?

If you or your partner can answer yes to one or more of these questions, a prenup is probably right for you.

What About a Postnup?

If you’re still not sure what to do, remember that a postnuptial agreement (also known as a postnup) might also be an option for you and your partner.

A postnup is an agreement that you sign after your marriage that covers many of the same issues addressed in a prenup. Most couples who sign a postnup choose to do so after they’ve been married for a little while and know more about how they want to manage their household.

If one partner is on the fence about a prenup, a postnup might be a good compromise.

Do You Need a Prenup?

Now that you know some of the most important prenup agreement pros and cons, do you think a prenup is right for you and your partner?

If so, you’ll need to hire a family attorney to help draw up your prenup agreement. Don’t know where to find the right attorney?

Use our online directory today to find a great attorney near you.

Feel free to check out our blog as well for more legal advice and tips on choosing the best attorney for your needs.

How to Find the Best Family Lawyer

July 8, 2018/0 Comments/in Family Law/by admin

If you’re approaching a court case that involves divorce, child support, or adoption, you are probably going to need representation.

As if these types of situations are not stressful enough, you have the added worry of finding the best family lawyer possible.

This isn’t a time that you want to test the waters.

You want to feel confident that you’ve hired the right professional for the job on your first try. After all, you may not get another “day in court” to plead your case. But, if you haven’t had much experience in the courtroom, especially with cases such as these, you may not know who to turn to.

Need tips for finding a good family law attorney to help you win your case?

We’re sharing our ultimate guide on how to get the right lawyer to represent you!

Your Guide to Hiring the Best Family Lawyer

Anyone who has ever been involved personally with a family court case knows how important it is to have an attorney that you can depend on. The stakes are high in these types of cases, and it’s not uncommon for participants to have an equally high level of anxiety.

Not only is there a lot on the line, but you are expected to think fast in choosing someone to represent you start to finish.

Before you begin your search for the best family lawyer that you can find, take a look at this guide to help see you through the process and ensure that you walk into court prepared and confident.

1. Rely on Trusted Sources for Recommendations

According to the American Psychological Association, 40-50% of marriages end in divorce.

The high percentages of marriages that leading to divorce may not be good news, but it does mean that there’s a good chance that others you know have faced circumstances that warranted a family law attorney’s services.

When choosing your own representation, it often helps to ask friends and family for the names of good family lawyers that they might have used to win their case. Oftentimes, people who have been through similar situations will be happy to make a suggestion based on their own experiences.

If you don’t know where to start, start by collecting referrals from family and friends. Any good family law attorney is likely to come up more than once when you begin asking around for recommendations.

2. Hire a Specialist

Do you have a cousin who works in business law that may be willing to cut you a deal on your divorce? While that may sound like a nice gesture, you should probably reconsider before accepting an offer of this nature.

Good family lawyers typically have experience in family law and understand the precise protocol that is followed in a family law courtroom. Cutting corners might benefit you in other court matters, but when it comes to something as important as your family, any extra money spent will be well worth it.

3. Prepare for a Thorough Consultation

Most good family lawyers will provide a no or low-cost consultation. When researching potential attorneys to represent you, find out what their consult policy is. If it does not incur significant charges, plan to meet with as many lawyers as possible during the screening phase.

At this time you should come prepared to ask the representing lawyer certain uniform questions that will help point you in the right direction.

These might include things like:

How long have you practiced family law?
How much do you charge per hour?
What typical steps do you take to ensure success in your cases?
What outcome do you predict?
Do you feel confident that you can win this case?
Who else will I be contacting and working with on my case?

When you are conducting interviews with potential attorneys, take a notebook to jot down the answers to crucial questions, such as those above. Then, when it comes time to choose you will have something that you can use to make comparisons.

4. What Kind of Reputation Does the Lawyer Have?

If you find yourself face-to-face with an attorney who has been unable to share courtroom mistakes or who is regarded in the world of family law as sub-par, then you may want to reconsider hiring them to represent you.

Research the potential lawyer’s local reputation, but also look for online reviews and information on the web. Sometimes, people are more willing to make a true statement regarding their services when they are able to do so anonymously. Online reviews can be a major help to clients who are new to family law.

If you notice more than one negative review, take note. Most sites give you the option to post anonymous reviews, which provides clients with an objective and unbiased opinion of their services.

5. Get Comfortable With Courtroom Lingo

Prior to interviewing prospects, you should brush up on your familiarity with legal terms. When you are discussing your case, you want to be able to do so in a professional manner and with ease.

Legal terms are often a mystery to the average client. You can ensure comprehension and gauge experience when you come to an appointment with basic knowledge regarding the terms discussed.

Don’t Wait! Get Started Today!

If you even think that a family law case could be looming in your future, then it’s time to begin your search for an attorney.

It’s never too early to start looking for a legal representative with expertise in family law. This is especially true if you want to hire the best family lawyer possible and ensure the best chances of winning your case.

Think you may be heading to family court?

Browse our listings for top family lawyers in your area right now!

Your Step-By-Step Process to Finding a Good Divorce Attorney

June 25, 2018/0 Comments/in Divorce Law/by admin

You and your spouse have decided to call it quits, and the decision has sparked a range of emotions within you. You’re ready to finally get on with your own life. However, you’re also overwhelmed — where exactly do you start?

If you’re currently facing a divorce, it’s paramount that you have a great divorce attorney from the get-go. We’ve compiled a step-by-step guide to finding a great lawyer so that you can navigate this hard time in your life with confidence.

Let’s get started.

1. Understand What You Need

Before taking any action related to your divorce, sit down alone and honestly assess your needs when it comes to several aspects of the divorce proceeding.

One of these aspects is cost. What budget do you have for legal costs and fees? The answer to this question might impact the kind of attorney you end up retaining. However, try to avoid establishing too low of a budget, as you’ll likely end up with a lawyer who cannot handle your complex divorce issues.

Another aspect to consider? Gender. Do you prefer a female or a male lawyer?

This is a critical question because some women, for example, feel much more comfortable talking about their sensitive situations to attorneys who are the same sex as they are. Meanwhile, other women might prefer a go-getting man who’ll have no problem going toe-to-toe with their dominating future ex-husbands.

Finally, how involved would you like to be in your divorce proceeding? If you prefer to be hands-on, you’ll need an attorney who will gladly explain to you what is happening at each stage of the case. In other words, your attorney needs to be highly communicative and proactive to work well with you.

2. Seek Out Attorney’s Names, and Interview Them

Now, it’s time to start looking for some potential lawyers.

Going online to search for lawyers is a great starting point thanks to the wealth of information available on the World Wide Web. A website that features several listings of attorneys, in particular, can come in handy.

Once you find the names of some local attorneys, it’s time to interview them. When you call to set up your first attorney interview, pay attention to how the law firm’s representative answers the phone. This will offer a peek into the type of service you’ll receive from the attorney working there.

When you finally meet the attorney, make sure that you ask plenty of questions concerning your divorce needs. A great lawyer will be able to provide you with clear, specific and straight answers to the questions you pose, rather than using legal jargon you don’t understand.

The attorney should also go over the major areas requiring attention in your case, including property division, child support, spousal support and child custody. For instance, he or she should tell you what you can reasonably expect to happen in each of these areas as you work to resolve your case.

3. Evaluate Your Potential Attorneys

After meeting all of your potential attorneys, sit down again and review each of their qualities.

For instance, did one attorney make you feel more comfortable than the others did? It’s critical that the divorce lawyer you select is empathetic and compassionate.

In addition, did a particular lawyer seem more competent than the others did? Be sure to choose an attorney who has several years of experience under his or her belt.

Also, make sure that your chosen lawyer’s personality is compatible with yours. After all, you’ll likely be working with him or her for months.

You additionally need to choose a local attorney, as this will save on travel-related costs. Plus, local attorneys are familiar with the local court system’s rules and procedures as well as the county judges. This is essential for getting through your divorce proceeding without glitches.

4. Count the Cost

So, you’ve settled on a lawyer who seems competent, compassionate and assertive. Before you make the final decision to go with him or her, take a closer look at his or her fees one last time.

The majority of attorneys have hourly charges and require their clients to submit deposits for their law services. Therefore, be prepared to pay a few thousand dollars as a retainer or deposit starting out.

Then, each month, you’ll get a bill that breaks down all of the legal work your attorney has done over the past month. Ask about the attorney’s billing and payment plans.

Also, note that the more complex your case is, the greater the number of fees you’ll likely have to pay. This is particularly true if one of your biggest areas of conflict during divorce is child support or visitation and child custody. Still, some attorneys offer their law services for flat or fixed fees, so this may be worth looking into as well.

In addition, ask your potential attorney about extra office-related charges that may crop up on your bill, such as those for long-distance calls, a fax service or copying services. Many attorneys charge amounts that are marked up for these common services.

Other extra charges to watch out for are those for experts such as a pension plan expert, forensic accountant, child custody evaluator or vocational expert. The attorney should be able to determine early on whether any of these types of experts will be needed as you progress through your case.

How We Can Help You to Find a Good Divorce Attorney

We offer more than 6,000 divorce attorney listings. Attorneys in your local area are easy to find thanks to our user-friendly interactive embedded Google map.

The cities that are searched the most for lawyers on our site are as follows:

New Orleans
Houston
Dallas
Austin
Washington, D.C.
San Antonio

We also offer several featured law firms and lawyers throughout the United States for your convenience. Our goal is to make your online attorney search as quick, easy and efficient as possible.

Get in touch with us to find out more about how you can find the right attorney for your upcoming divorce case.

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June 19, 2018/0 Comments/in Family Law/by admin

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