Category: Family Law and Divorce

In the United States, a divorce occurs every 13 seconds. Even though the process is overwhelming and painful to the people involved, the reason for the divorce and the agreement during the separation process will determine the type of divorce you will undergo.

Divorce is complex. Therefore, consulting an experienced divorce lawyer in Richmond will inform you of your legal rights and ensure you are perfectly protected. The following article discusses the different types of divorce.

Contested Divorce

In a contested marriage, one or both spouses disagree over precise divorce details. Divorces that are challenged are painful, time-consuming, and costly. If necessary, you will go through a long process of exchanging financial and other pertinent information.

Uncontested Divorce

An uncontested divorce is the least stressful and takes the shortest time to complete. Couples settle on disagreements such as child custody, property distribution, co-parenting, and alimony. You can file for divorce after your case has been resolved. In some places, you may be able to avoid going to court entirely by filing an affidavit with the court visit now

Mediated Divorce

Here a trained mediator assists you and your spouse to settle the issues. It is not the role of the mediator to make decisions for you. Instead, mediators provide counsel and assist you in communicating with one another until you reach an agreement. If the mediation is successful, a property settlement agreement is drafted.

Same-Sex Couples Divorce

Most states now understand same-sex marriage concepts. Divorce for same-sex marriage is similar to any other married couple.

Default Divorce

You have a default divorce when you file for divorce, and your spouse does not respond or cannot be found. Even if your spouse has not participated in the court processes, a judge can approve the divorce if you have followed the court’s norms and regulations. Although no one is contesting with you, there are advantages and disadvantages to a default divorce.

Summary Divorce

In many states, couples married below five years who do not own much property, do not have children, and do not have large joint debts can get a divorce quickly. Both spouses must agree to the divorce and file court documents together.

Limited Divorce

In a limited divorce, you remain married but no longer live together. The court supervises your separation and establishes temporary child support, health insurance coverage, spousal support, and property partition. A limited divorce is the best alternative for a married couple who need more time to handle their legal and financial concerns.

No-Fault Divorce

When applying for a no-fault divorce as a spouse, you don’t have to prove the other spouse’s fault. “Irreconcilable differences” are cited by parties seeking a no-fault divorce. The spouse receiving the divorce petition has no right to oppose the other party’s no-fault divorce petition.

In most cases, these jurisdictions demand that the spouses reside apart for a set amount of time before either can marry.

Fault Divorce

Couples file for a fault divorce based on marital offenses such as prison confinement, adultery, abandonment, and physical and emotional abuse. A fault divorce is attractive to some individuals, since the person not at fault receives more settlement during a divorce.

Collaborative Divorce

During a collaborative divorce, you and your partner agree with the attorney to negotiate and mediate your divorce process before litigating in court. In case of disagreement, the person involved will hire another lawyer. Collaborative divorce has several advantages, such as that it’s not costly, allows you the freedom to settle disputes, and takes a shorter time if you can negotiate terms that are suitable for you.

The legal proceeding in a divorce is complex. Therefore, finding a trustworthy and experienced attorney is crucial.

Read Full Article

While choosing a divorce attorney, keep an open mind during the initial consultation. You want to ensure you can discuss your concerns and desires with your new lawyer. For example, do you like to discuss spousal maintenance or handle emergencies during the pendency of the divorce? In addition, the duration of the divorce will vary depending on the amount of work you ask your attorney to do. These are just a few questions to ask a divorce attorney.

Initial consultation with a divorce attorney.

When you meet with a divorce attorney, keep an open mind. Divorce is a bitter pill to swallow, and you don’t want to be treated like a cookie-cutter. However, a divorce attorney can help you find out your financial situation post-divorce, which can be valuable information. In addition, A divorce attorney can explain the process and answer your questions so you can understand.

LGBTQ couples, like same-sex couples, also face divorce. Even though they frequently claim to be happier in relationships, some marriages end in divorce. As a result, their divorces might differ from heterosexual couples and may require an lgbtq divorce attorney NJ.

Before the consultation, bring along any evidence of incrimination, social media posts, or notes that may be relevant to your case. Although divorce cases are often “no-fault” affairs, such as adultery may not affect the outcome. You need to be open to the divorce attorney’s advice and be honest with them about your circumstances. Whether or not you will have to file for divorce will depend on your current mental state, and you must keep an open mind during the consultation.

Discuss spousal maintenance

You’re not alone if you’re considering seeking spousal maintenance during your divorce. There are many factors to consider when calculating this type of support, and the court will base the decision on some aspects of the marriage. Whether these elements are relevant to your situation will depend on your circumstances. Therefore, it is imperative to consult an attorney as soon as possible to make sure you’re getting the most accurate calculation.

Spousal maintenance can be awarded in several different forms. This type of support aims to help the financially dependent spouse become self-sufficient or financially independent through further education. The courts will typically set an end date for spousal maintenance based on the receiving spouse’s degree and the length of the marriage. However, the courts allow reviews of spousal maintenance before its end date. Another type of spousal maintenance is the long-term support, sometimes called “permanent” support. Although rare, it’s usually appropriate when the marriage is long or where the recipient’s age or disability is the primary factor.

Cost of a divorce 

The cost of a divorce can vary widely depending on what you ask the lawyer to do. A typical divorce can run several thousand dollars or tens of thousands of dollars. In addition to attorneys’ fees, divorces can be expensive if you and your partner disagree on important issues. Depending on the case’s complexity, a divorce can run anywhere from $1,500 to $55,000.

A divorce lawyer’s fees will depend on the complexity of your case, the number of hours spent on it, and whether you and your spouse reach an agreement. Many lawyers charge by the hour so a five-minute phone call could cost you fifteen minutes. Similarly, 35 minutes of document review could add up to a full billable hour. Therefore, being organized is critical to not throwing money away.

Read Full Article

Are you a divorced parent? If so, you need to be aware of the dangers of parental alienation. Here’s what you need to know about this serious issue and how you can avoid it.

Divorce is difficult under the best circumstances, but when one parent starts to turn their children against the other, things can get ugly. This phenomenon is called parental alienation, and it can have severe consequences for both parents and children. Fortunately, there are things you can do to protect yourself from it. In this post, we’ll explore parental alienation and how you can avoid it.

Parental Alienation

Parental alienation is when one parent attempts to undermine the relationship between the child and the other parent. This can happen in many ways such as:

  • Encouraging the child to believe that the other parent is not good.
  • Brainwashing the child into thinking that the other parent doesn’t love them.
  • Interfering with communication between the child and the other parent.
  • Denying the child contact with the other parent.
  • Preventing the child from expressing positive feelings towards the other parent.

These are just some of the ways that parental alienation can occur. It’s important to remember that it doesn’t always happen intentionally sometimes; it can be done unwittingly by a well-meaning parent simply trying to protect their child from the hurt of divorce.

Potential Consequences

There are several potential consequences of parental alienation, both for the parents involved and the children. These include:

  • Damage to the parent-child relationship.
  • Emotional distress for the child.
  • Behavioral problems in the child.
  • Poor performance at school.
  • Alienation from other family members.

If you think you might be a victim of parental alienation, it’s essential to seek help as soon as possible. Some organizations can offer support and advice, such as Families Need Fathers and Parental Alienation UK. It would be best if you also spoke to a solicitor about your options.

Parental alienation can be very damaging, but there are ways to protect yourself from it. If you think you might be a victim of parental alienation, seek help and advice as soon as possible.

How to deal with parental alienation if it’s already happening?

You can do a few things if you’re experiencing parental alienation from your parents. First, it’s essential to keep in mind that what your parents are doing might be wrong and that they are the ones responsible for their actions. Second, try to keep communication open with both of your parents, even if it’s complicated. This will help you maintain some contact with them and may eventually help change their minds.

Third, seek support from others who have gone through a similar situation. There are many online forums and support groups available where you can find advice and comfort from people who understand what you’re going through. Finally, consult with an attorney to discuss your legal options and whether or not you can file for custody.


This is a complex topic, and we understand that some parents may not want to read about it. Therefore, you can search for an article on the National Association of Attorneys General website, which provides more information on this issue. Furthermore, equal shared parenting will be one of the best options to consider.

Read Full Article

When you first got married, you probably never dreamed that the union would end in divorce. Unfortunately, many people find themselves in this situation after several years of marriage. Navigating a divorce is difficult, but if you do these three things to prepare for the process, it will go more smoothly for everyone involved.

Look for a Lawyer

Divorce lawyers in Pasco County Florida can be expensive, but it is always the best practice to find an attorney to represent you in court. A divorce lawyer can help you navigate the legal system and make sure said you get a good agreement in the final papers. An attorney also acts as a mediator if you and your soon-to-be former spouse cannot be civil during the proceedings.

Agree On a Custody Schedule

The divorce process is much more difficult when there are kids involved. If you and your ex share children, you need to come up with a custody agreement. Is best to get the details worked out as quickly as possible so that your kids can adapt to their new schedules. Be as flexible as possible when you are starting you are co-parenting journey so that it is more likely that you will get the same respect in return.

Find Someone To Talk To

Whether your divorce is amicable or not, you’re probably experiencing some complicated emotions about it. Find someone to talk to about your feelings. A licensed therapist is best, but if you cannot afford that expense, a trusted friend or family member is often sufficient.

divorce is hard, but it is not the end of the world. If you do these three things to prepare for the divorce process, you can help it go more smoothly so that everyone involved can move on with their lives as quickly as possible.

Read Full Article

Whether you have kids or not, dealing with a divorce is difficult. There will be many emotions involved during the divorce process, and you will need to sort through them all before you can adjust to your new normal. You can use these three tips to make the adjustment to single life easier.

Find a Good Lawyer

You should hire a good lawyer before you even start the divorce process. A family attorney Jacksonville NC will help you navigate the legal system and fight to make sure you get a fair deal in the divorce. Sometimes, your lawyer can also be a mediator between you and your former spouse when tensions get high.

Know What You Want

Dividing assets is often the most difficult part of the divorce process. You can’t expect to receive every asset, but you shouldn’t have to give everything to your ex either. You have to be willing to compromise to make sure you both get a fair deal. For example, if you own a house and a car together, it is fair for you to receive one asset and give the other to your ex. This can be difficult when you both want the same asset, but if you are willing to compromise, the process will be easier.

Give Yourself Time To Grieve

There are often many emotions that come with getting divorced. Some people may be relieved, while many struggle with grief once the process is complete. If you find yourself in the latter category, remember that it is okay for you to take time to grieve the loss of your marriage. It may take a significant amount of time until you are ready to move on. Give yourself the grace you need to get through the grieving process.

Divorce isn’t easy, but there are a few steps you can take to make the process easier. Use these three tips to help you navigate life during and after divorce.

Read Full Article

Friedrich Nietzsche, a German philosopher, once said that “In family life, love is the oil that eases friction, the cement that binds closer together, and the music that brings harmony.” But, unfortunately, all families are not harmonious. Many families around us have to bear the pain of separation following the physical and mental sufferings. The rate of divorce has been dramatically increasing over the past few decades. The solution to all these family relationship issues lies in family law.

What is Family Law?

Family law is defined as a legal practice area that deals with matters involving family relationships, including marriage, divorce, child custody, adoption, and related financial matters.

A family lawyer can help in handling such issues by acting as an objective third party to the separating couple. Family Lawyers make sure that each involved person in a separation gets what they need to move on in their life.

Importance of Family Law

Divorce is indeed a very painful process for spouses and their children. When married couples get divorced, they could often fight over their children’s custody, property issues, and assets. In such a situation, when they are already going through the emotional trauma of marriage dissolution, they find it quite difficult to cope with the legal handling. Family law protects the interests of each individual involved in the separation, ensures their needs are met properly, and deals with other financial issues. This is why; it is always advised to hire a family lawyer in cases of separation, parental alienation, and child custody.

Most of the time, divorce can have some serious consequences for both spouses and their children. The splitting family could face serious and long-lasting financial issues. For instance, if a couple splits where the husband took the primary responsibility of breadwinning and the wife was just a housewife who stayed at home and took care of children, then she may find it quite challenging to find employment after years away from the workforce.

What is the Role of a Family Lawyer?

A family lawyer can help separate spouses handle all the big decisions they will need to make.  They help in handling all legal paperwork, property matters, finances, and equal shared parenting arrangements. They also help in settlement negotiations and protect the interest of spouses in court proceedings.

Always Choose a Qualified Family Law Attorney

The separating spouses need a qualified and experienced family lawyer for court proceedings and other legal work. Therefore, it is important for both men and women who seek divorce to hire an experienced attorney who can help them with all legal paperwork and divorce court proceedings. They should not hire any random family law attorney. A good family lawyer is one who already has courtroom experience, has access to top-notch consultants, and who can help you in making the right decisions.

Therefore, it is advised not to hire seasoned family law attorneys as they do not know all the ins and outs of family law.

Read Full Article

Divorce is one of the most stressful and difficult things you will ever go through. Divorce can stir up many emotions, including sadness, anger, and betrayal. Some people feel like failures because they weren’t able to make things work. According to Brides Magazine, there are six stages of grief that people go through during a divorce, including denial, shock, highs, and lows, bargaining, letting go, and acceptance.

Today, many couples are choosing divorce mediation over standard lawyer-driven divorce litigation. During mediation, there will be a mediator in the room, who is an impartial party to help couples discuss the division of their assets, custody arrangements, and support payments. If you aren’t sure which is best for you, you should consider the benefits of divorce mediation in San Diego.

#1) Saves Money

Divorce can be expensive. According to, a traditional lawyer-driven divorce can cost between $15,000 to $40,000 for each party, while divorce mediation costs are between $1,500 to $3,000 for each party.

#2) Mediation Is Quicker

The average lawyer-driven divorce can take nine months to two years to litigate, leaving you in limbo for longer than necessary. Divorce mediation in San Diego takes between two and four months. Mediation allows you to move on with your life a lot faster, which is essential for the mental health of both parties.

#3) Privacy

Most people don’t want their marital issues to be public knowledge. If you choose a legal divorce with a lawyer, you will have to go to court, and everything that is said during the hearing will be part of the public record.

Mediation divorce is private. All written and verbal communications will be private, as well as all draft agreements and disclosures. If you want privacy, mediation is the way to go.

#4) You Will Have Control

Unlike a lawyer-driven divorce, mediation isn’t about blame and fault finding. The mediator will help you and your ex communicate clearly and effectively without bringing up the reasons for the divorce. Not only will a mediator help things move along more quickly, but they will also keep things civil. If you have children, civility is essential to co-parent effectively in the future.

#5 Protect the Children

The last thing you want is for your children to be emotionally scarred during your divorce. A lawyer-driven divorce can get nasty and drag out for a while, which isn’t good for your children’s emotional health. Divorce mediation in San Diego is all about making decisions in a calm and controlled atmosphere, preventing your children from dealing with the stress of nasty litigation. According to Divorce Net, mediation is easier on children because mediation is about compromise and most divorce litigation is about fighting.

#6 Provide Closure

When you decide the marriage is over, the one thing you want is closure. The longer the divorce takes, the longer it will be before you have the closure you need to move on with your life. Mediation is much faster, and closure will come sooner.

Divorce is never easy; however, divorce mediation can keep things civil, and the process is much faster. Best of all, both parties can save thousands of dollars in the end.

Read Full Article

Divorce is stressful and expensive for a couple. The end of a marriage is second only to the death of a spouse in terms of the turmoil it causes. Where costs are concerned, the legal fees generated by a complicated divorce can be exorbitant.   

When a divorce is uncontested, there are other less expensive and less stressful options available. A flat-fee divorce attorney in Florida can help you reach a settlement without waiting months or even years. As thorough as a contested divorce, a flat-fee divorce is quicker and much less costly. 

What is Flat-Fee Divorce Representation?

A flat-fee divorce is one where instead of charging an hourly fee for services, the divorce lawyer charges a predetermined flat rate. This fee covers all costs related to the case provided the divorcing couple has already made most of the decisions concerning children and assets beforehand.

The process of a flat-fee divorce is straightforward and easy for the attorney who can typically guess the rounded cost. It works well when both parties are in agreement about the division of property and financial obligations related to the divorce. 

What You Should Know About a Flat-Fee Divorce 

A traditional divorce attorney will charge an hourly rate plus extra fees for expenses such as printing and delivery. Clients must also pay for legal processes like filing a motion with the state, discovery of assets, and trial preparations.  

A flat-fee divorce covers the same issues as a contested divorce but includes all costs related to the filing in one up-front rate.

Child Custody

When a custody battle is part of a divorce, the children often suffer. If both parents can reach an agreement concerning child custody before filing the case, it makes for a faster, less painful process for all involved. 


If the goal is to pay no alimony, divorce proceedings can be more complicated and lengthy than when both parties agree beforehand on a settlement that is reasonable and fair. If spouses are in the latter category, a flat-fee divorce is both possible and preferable.

Child Support

Florida courts have a policy allowing both parents to have frequent and continuing contact with their children but take into account what parent will pick up the majority of child responsibility after a divorce is final. When couples can be civil toward each other concerning their children’s welfare, they won’t have to spend hours in court trying to reach an agreement.

Division of Property

A flat-fee divorce is a good solution when both parties have reached a settlement regarding the division of assets and debts. Couples who meet these criteria can achieve a successful outcome while controlling divorce costs and minimizing life disruptions.  

If you can come to an amicable agreement with your spouse on parenting rights and assets, a flat-fee divorce will save you both time and money. The entire process can take as little as 20 days to complete without extensive court proceedings and other fees that can drive up costs. Your uncontested Florida divorce can be finalized in a matter of weeks. 

Get Experienced Legal Help for Your Flat-Fee Divorce 

A flat-fee divorce can alleviate the burden and distress associated with dissolving a marriage. A professional legal team will draft all the necessary legal documents and efficiently navigate your divorce proceedings through the Florida court system.

If you find yourself in need of a divorce, get legal help for a flat fee option.

Read Full Article

Wage Garnishment in Florida

The terms of a divorce are final and legally binding. When one party is in default, the courts may reconcile the deficiency to keep both people in compliance. The area that is most likely in default is child support. Wage garnishment in Florida is often the preferred method of retrieving those funds.

Other steps are sometimes taken to keep the child support regular and as ordered. Though wage garnishment is the preferred method of collecting back child support, the court can also institute collection through other means.

  • Interception of tax refunds: If ordered child support payments are not current and the parent in default has a state or federal tax refund, this money can be seized and applied to the outstanding balance. The dependent tax exemption can also be ordered to the payee if unsatisfied child support payments exist.
  • Worker’s compensation payments: Worker’s compensation, in effect, is the replacement of wages due to being injured on the job. When child support calculations are made, worker’s compensation is included as a possible source of income.
  • Unemployment benefits: A child support order remains in effect even if they are not working, meaning they will still owe the monthly payment established by the court.
  • Personal property liens: Liens can be attached to personal property until the child support obligation is satisfied.
  • Additional penalties: Other penalties could be enforced as well if child support payments are in default.  Penalties can include the suspension of a driver’s license, passport denial, or even the suspension of business licenses.
  • Contempt of court: A judge can find the offending party to be in contempt of court for refusal to obey the court ruling of child support.  This could possibly result in a fine or even jail time.

How Wage Garnishment in Florida Works

If a court order is in place, making one person legally responsible for regular child support payments, this person must abide by that court order. The law provides that their failure to do so has certain solutions for the custodial parent, including the garnishment of wages.  

Collections of overdue payments

Child support has been determined by the court to cover financial support for dependent children. The amount of child support is based on Florida’s Child Support Guidelines and includes the parents’ income, custody rights, and the number of children. It is expressly for the benefit of the child. If child support payments are overdue, it is sometimes necessary for the courts to seize the funds by garnishing the wages of the paying parent. The Florida Department of Revenue has the authority to garnish up to 50-65% of the parent’s disposable income to satisfy the overdue payments.

 Letter to Employer

Once the garnishment has been ordered by the court,  the parent’s employer will receive a letter and a copy of the court order. The employer is required to garnish their employee’s wages in the amounts stated by the court order. The employer notifies the employee of the garnishment, giving them the opportunity to contest the garnishment or the amount of the garnishment. The Consumer Credit Protection Act strictly prohibits employers from discriminating against any employee because of a wage garnishment, meaning they can be treated no differently and cannot be fired because of the garnishment.    

Wage garnishments are automatically deducted from an employee’s paycheck and the employer is obligated by law to continue the garnishment until notified that it has been modified or satisfied.

Get Legal Help

A family law attorney will advocate for the protection of the children involved in a divorce, family custody award, or child support. If you are entitled to child support and it is not being paid as ordered, you need a family law attorney who has the experience to help you get the money that you are fairly owed. If you are getting your wages unfairly garnished, or are in need of a child support modification, a family lawyer will help you get the legal support you need. 

Read Full Article

Whether you are filing for divorce or being divorced, the whole process is stressful and full of negative emotions. If children are involved, the process is more difficult. If there are substantial financial assets at stake, hiring a lawyer is almost a necessity to protect your interests. An experienced divorce attorney will help you deal with the emotional and financial aspects of divorce by providing some objectivity along with their legal knowledge.

Advice on Financial Arrangements

If you are beginning a divorced, or filing for divorce, a Tampa Divorce Lawyer, can provide expert legal counsel on the financial side of dissolving the marriage. If you built up considerable assets, including stocks, home equity, or a profitable business during the marriage a lawyer’s advice can be invaluable. Many divorces involve child support payments or spousal support, or both.

Help with Staying Objective

The first and most important aspect of divorce is that emotions run high. One spouse, sometimes both, feels cheated, angry, or shocked. Those emotions can undermine effective decision-making. A divorce lawyer will be able to offer an expert outsider’s perspective on things like dividing up savings and arranging for joint child custody.

Advice on Custody Arrangements

Whenever minor children are involved in a divorce, custody tends to be a major issue. The spouses often need outside help to iron out disagreements over primary custody or sole custody, and the terms of visitation or joint custody. Emotion can get in the way of making a reasonable arrangement that doesn’t cause too much stress on the children.

Guidance on Navigating the Legal Process

Family law can be complicated, and it varies from state to state. In all but the simplest divorces, one or both parties to the divorce are likely to encounter legal difficulties. State law also includes filing requirements and deadlines that must be respected. Mistakes there can be serious.

Divorce lawyers provide expert legal counsel, but their function as an objective third party is also important. The emotions and complexities of a divorce can lead to serious, and expensive, mistakes.


Read Full Article