by: Jeffrey Anderson

The topic of divorce is never pleasant and usually painful, but if you find yourself at the end of a marriage, it may be your only logical options. Individuals choose to enter divorce proceedings for a variety of reasons, but usually the more civil these proceedings the better. A divorce lawyer can be incredibly useful for representing you regarding divisions of assets and property and in the event of custody proceedings.

Not everyone needs to solicit the aid of a divorce lawyer, so carefully consider whether you should consider a lawyer in your specific situation. Since each case is different, there is no blanket statement regarding who should use a divorce lawyer and who can forgo the presence of one. You do not necessarily need the help of a divorce lawyer to successfully enter and complete divorce proceedings, but in many cases, their presence and expertise can help immensely through this difficult process.

Depending on your specific situation, you may not need the assistance of a divorce lawyer. That does not mean you should put any less importance or thought into the proceedings than an individual who chooses to hire a lawyer. Many individuals forego hiring a divorce lawyer because they can come up with an agreeable situation between themselves and a former spouse.

Even though your marriage may be ending, remember both parties are adults and should act as such. Individuals who are able to remain mature about the situation and have realistic wants and needs are more capable of handing proceedings without needing a lawyer.

If you choose not to solicit the assistance of a lawyer, carefully consider all potential issues that may arise between you and your former spouse. The two of you should arrange a meeting to discuss all issues before the date of the divorce proceedings so all terms and conditions are clearly determined.

Also, you may need to meet with a neutral third party mediator so that everyone remains focused at the task at hand. Couples who are able to calmly and deliberately discuss any necessary issues regarding the divorce are more apt to have problems later down the road. Most couples are able to discuss the terms of their divorce without needing to involve lawyers.

If you are concerned about your safety or afraid of your former spouse, it will probably be in your best interest to hire a lawyer and let that individual deal with him or her directly. You will still need to make any necessary decisions, but will not have to directly speak to your former spouse.

If there is any problem of abuse—physical, sexual, or verbal—in the relationship, a lawyer should be hired immediately. Furthermore, if you fear for the safety of any children or dependants in your home life, a lawyer be hired for their best interest as well. Furthermore, if your spouse is acting cruel or dishonest towards you or anyone else in the household, hiring a lawyer will help take the focus off you in this situation.

Another reason to hire a lawyer is if your spouse does so first. It is severely discouraged to enter into divorce proceedings against a lawyer if you have no experience in the field of law yourself. Hiring a lawyer will protect your best interests and ensure your wants and needs are taken care of in a court of law. This is especially true if children are involved, as custody cases are often complicated and should be handled by a professional.

If you find yourself wanting to hire a lawyer but financially unable to do so, speak with the legal aid office of your county courthouse. These offices coordinate clients with lawyers who will work at reduced fees or for no cost at all (pro bono). If you know a lawyer through family or friend connections, seek their help and guidance. Many legal acquaintances will be able to provide you with legal information for minimal or no charge.

However, if the lawyer in question shares a relationship with both you and your former spouse, it is strongly recommended you avoid bringing this person into any potential dispute. Making the decision whether or not to hire a lawyer to assist with your divorce proceedings is a critical decision that should be made using a clear head and deliberate thought. 

by: Holcy Thompson III

Child Support Laws

Child support in each state of America follows its own laws. Although, these laws are slightly different, they share one thing in common, that every non-custodial parent must provide financial support and health benefits for their child/children. Financial support helps in many ways. First, when the mother/father are struggling and unable to provide 100% for their young ones, the child support payments will provide them extra cash to help cover any expenses. Expenses such as food, utility bills, medical, and clothes. Single parent raising children can be tough, that is why it is important to have child support paid by the non-custodial parent. Health coverage can also be very expensive, especially for children. Having good medial coverage can help offset those expenses. Many states in America have laws that make it mandatory for a non-custodial parent to provide medical support for their children.

Child Support Laws and Enforcement

Some parents who are ordered to pay child support often avoid their obligations. These parents are what we call dead beat parents. Most dead beat parents do not pay child support for reason just to spite the custodial parent. Some may be too lazy to get a job, others may be too selfish to dish out the money to pay for their responsibilities. Who know why some parent will not take the responsibilities of paying their child support dues? Fortunately, there are laws which prosecutes parents who avoid paying child support. In most states in America you can find a child support enforcement office which will provide assistances in enforcing non-custodial parents to pay past due child support. Some methods of enforcing child support laws are garnishment of the wages, interception of tax refund checks, suspensions of drivers license, and jail time.

Establishing paternity

When a mother has a child and she is married, then the father is legally obligated to pay child support if they divorce. When a mother has a child outside of marriage in order for her to file for child support she must first establish paternity. Establishing paternity makes the non-custodial father legally obligated to the responsibilities of child support. If at anytime the alleged father doubts that the child is his, a genetic test would be performed to discover once and for all who the father is. Locating a missing parent can be difficult, especially if they live in another state. Sometimes tracking the social security number of the missing parent will help to pin point their location. Usually when the missing parent applies for a new job, their social security can be trace back to their location. In order to establish paternity, the custodial parent must first locate the father.

For more information on child support laws in your area, please click the link below.

http://www.child-support-laws-state-by-state.com

by: Jean Mahserjian

In divorce, a common question is, "what is the alimony formula". Well, there really is no set alimony formula for divorce. This is in complete contrast to child support, which is decided based upon a specific formula in each state. Alimony is based on factors and those factors are decided through divorce negotiation or by a divorce judge. But, there is no alimony formula available to your divorce attorney or you to determine in advance what alimony will be paid in your case.

What does a divorce court look at to determine alimony? Those issues do vary by state. But, there are also many alimony factors that are common from state to state. So, although there is no specific alimony formula for you to rely on, there are alimony factors that you can look at to help you determine what the alimony might be in your case.

In divorce, some of the alimony factors that a judge might look at include the following. First is the length of your marriage. If the parties have been married for one year, the court's attitude towards a request for alimony will be very different than if the parties have been married for twenty years. Because the length of marriage varies so much in all divorces, it is not possible to plug this factor into an alimony forumla to determine the alimony amount.

Another factor affecting the award of alimony is employment status. Obviously, if the spouse seeking alimony has been unemployed or underemployed for a number of years to care for young children, the home, or the spouse, that is a factor that will militate in that spouse's favor if he or she is seeking alimony. On the other hand, if that spouse has the ability to obtain employment that will more than adequately meet his or her needs, the court might think a little differently about awarding alimony to that party. Other factors that are considered closely with this factor include level of education, job experience, the age of children in the household, and work history.

A major factor that can affect an award of alimony is the amount of property to be retained or divided by the parties. If the spouse seeking alimony has been a stay at home parent, but will have signifcant assets after divorce or has separate assets, like a trust fund, the court's attitude towards the award of alimony will be affected. The court will certainly view a request for alimony under these circumstances much different than a request made by an individual who is receiving no assets in the divorce or who does not have any separate property.

The health of the party seeking alimony is a major factor that can impact a court's decision in awarding alimony. If the spouse seeking alimony has a debilitating physical condition that impacts whether or how much they can work, the court will not want to impoverish that party after divorce and the court will be more likely to use alimony to address at least basic living needs.

One other factor that should be considered by the divorce court and by the parties, is the taxability of the alimony payments. In most instances, if there is no specific provision to the contrary, spousal support payments are taxable to the recipient and tax deductible to the payor. The tax benefit obtained by spreading out economic wealth in this fashion can be significant and should be discussed in depth with your divorce attorney.

One issue that is not always considered by the court, but should be discussed with your divorce attorney, is that alimony payments are, in general, not dischargeable in bankruptcy. If there is any possibility that the party who is to pay alimony will be filing for bankruptcy, the divorce attorneys will negotiate very hard on both sides to maximize the final benefit to their client in divorce.

It should thus be apparent that in divorce, there can be no easy alimony forumla, no matter what state you live in. It is impossible to plug these and other factors into a mathematical equation to arrive at a "correct" alimony formula. It is necessary that the divorce court, or the divorce attorneys review how these varied and different factors affect both parties in the divorce and then arrive at a solution that encompasses all of the divorce issues, including property settlement and alimony. They cannot simply set up an alimony formula that would work for all parties.