A divorce is a potential host for many unpleasant battles. Besides the hotly contested issues like the home and the materials possessions, parents will also want to established who wants to actively participate in the life/lives of their child/children.
This can escalate to a level far beyond who decides to spend Sunday brunch with 10-year-old Mark. However, parents need to realized that winning a child custody battle is not about who gets that larger share of the pie with the child but instead to provide a stable environment despite the separation.
That is why one needs an experienced family lawyer for the court to realize who is unable to hold a job or who can’t provide a stable home environment. An experienced family lawyer will:
Dissect the important issues so parents can come into a conclusion on which of the custody and visitation issues are worth bringing to court. Having a family lawyer with a few years of experience will easily help you into distinguishing which issues are worth fighting for and which ones are reasonable enough to be settled.
Some family lawyers will let themselves get caught in the personal issues and allegations that are thrown at each other by both camps. Find a counsel who will see to it the best interest for the case is custody care of the child. Having someone who will not make rash or emotional decisions will bring positive results inside the court.
Your choice for legal counsel should learn to manage your expectations. He or she should not put word into your mouth. Telling a client that a particular outcome will happen when he or she knows that such a result is not likely, is a big no-no. Even with an extensive experience, a lawyer does not make promises about specific results. However, one can ensure clients especially those experiences that a lawyer has experienced before that a potential outcome will be of his or her best interest.
Find someone who does not tolerate family lawyers who consistently delay proceedings as a tactic which is abusing the justice system. There can be attempts by the opposing parent to become abusive in court which will cost client unnecessary lawyer fees. These deliberate delays or misconduct will aggressively pursue family lawyer fees against the other parent. This will ensure that parent and his or her lawyer understand that delays and malicious conduct will come with serious consequences.
In addition to the above, the believe the best family lawyers only represent good people with the right intentions. That is one simple rule to abide with. A good family lawyer will represent parents who intend to use the children as leverage or who are abusive emotionally or physically toward the children. If a parent is wrongly blamed of these things, we aggressively and effectively represent such parents.
Friday, September 22, 2017
Monday, September 18, 2017
Family Lawyer: Terms You Need to Know About Family Law
Family law is a very broad legal practice. It covers all issues within the family unit for every family member, including financial responsibilities, custodial rights, and eligibility.
As a member of the smallest unit of our society, you must have an initial knowledge regarding the legal concept of family law. If you’re not a lawyer or an expert in law, then here are some common terms to help you slowly grasp the nature of Family Law:
Alias Summons: Summons used when the original is not served on the defendant.
Alimony: A financial allocation made by one spouse to the other for pending support or after divorce.
Annulment: The process of dissolving a marriage through a legal proceeding in which the marriage is declared null and void.
Community Property: A method of dividing marital property which is based on an equal or 50/50 distribution.
Contempt: A request which can be made by the opposing party if the other fails to follow a court order and often results in a punishment including monetary fines, jail time, or both.
Corroborative Witness: A person who testifies for you and solidifies your story.
Custodial Parent: The parent who holds physical custody of the parents' child or children.
Dissolution: The legal closure of a marriage.
Emancipation: A process which a minor assumes adult responsibility for his or her welfare and becomes independent from his or her parents.
Fault-based Divorce: An act where one spouse claims and should prove that the cause of their separation is the misconduct of his or her partner.
Home State: The state where a child or children of the marriage lived with a parent for at least six months before a child custody, support, or visitation action was filed in court.
Legal Separation: A court order which allows spouses to live separately yet remains legally married.
Marital Property: A property acquired by both individuals in a marriage upon divorce.
Motion: Refers to a request to the court which is usually in written form.
Non-custodial Parent: The spouse who doesn't hold physical custody of the child or children.
Non-marital Property: A property that belongs to only one spouse which is also called separate property.
Order: A decision made by the court on a certain legal issue.
Pendente Lite: Temporary arrangements for certain divorce-related issues which will not change until the court issues a final order after a trial.
Petition: A legal document that starts a case.
Prenuptial Agreement: A contract signed before marriage stating to give up future rights to properties in the event of a divorce or death.
Qualified Domestic Relations Order (QDRO): A court order which gives one spouse a share of the other spouse's pension or retirement funds.
Subpoena: A form issued by the court which requires a person to appear in court and bring documents.
Uncontested Divorce: The defendant peacefully agrees to the divorce and there are no questions about the children, money, or property.
Visitation: The noncustodial parent is given the right to spend time with the child or children.
Writ of Summons: A form issued by the court ordering a party to respond to a complaint, motion, or petition.
Congratulations! You are now equipped with the basic terms to understand family law.
There may be some family law issues which don’t require counseling. Yet being in a divorce and processing child custody, you must consult a lawyer or an attorney to keep an eye to the unstable emotions of the involved parties.
As a member of the smallest unit of our society, you must have an initial knowledge regarding the legal concept of family law. If you’re not a lawyer or an expert in law, then here are some common terms to help you slowly grasp the nature of Family Law:
Alias Summons: Summons used when the original is not served on the defendant.
Alimony: A financial allocation made by one spouse to the other for pending support or after divorce.
Annulment: The process of dissolving a marriage through a legal proceeding in which the marriage is declared null and void.
Community Property: A method of dividing marital property which is based on an equal or 50/50 distribution.
Contempt: A request which can be made by the opposing party if the other fails to follow a court order and often results in a punishment including monetary fines, jail time, or both.
Corroborative Witness: A person who testifies for you and solidifies your story.
Custodial Parent: The parent who holds physical custody of the parents' child or children.
Dissolution: The legal closure of a marriage.
Emancipation: A process which a minor assumes adult responsibility for his or her welfare and becomes independent from his or her parents.
Fault-based Divorce: An act where one spouse claims and should prove that the cause of their separation is the misconduct of his or her partner.
Home State: The state where a child or children of the marriage lived with a parent for at least six months before a child custody, support, or visitation action was filed in court.
Legal Separation: A court order which allows spouses to live separately yet remains legally married.
Marital Property: A property acquired by both individuals in a marriage upon divorce.
Motion: Refers to a request to the court which is usually in written form.
Non-custodial Parent: The spouse who doesn't hold physical custody of the child or children.
Non-marital Property: A property that belongs to only one spouse which is also called separate property.
Order: A decision made by the court on a certain legal issue.
Pendente Lite: Temporary arrangements for certain divorce-related issues which will not change until the court issues a final order after a trial.
Petition: A legal document that starts a case.
Prenuptial Agreement: A contract signed before marriage stating to give up future rights to properties in the event of a divorce or death.
Qualified Domestic Relations Order (QDRO): A court order which gives one spouse a share of the other spouse's pension or retirement funds.
Subpoena: A form issued by the court which requires a person to appear in court and bring documents.
Uncontested Divorce: The defendant peacefully agrees to the divorce and there are no questions about the children, money, or property.
Visitation: The noncustodial parent is given the right to spend time with the child or children.
Writ of Summons: A form issued by the court ordering a party to respond to a complaint, motion, or petition.
Congratulations! You are now equipped with the basic terms to understand family law.
There may be some family law issues which don’t require counseling. Yet being in a divorce and processing child custody, you must consult a lawyer or an attorney to keep an eye to the unstable emotions of the involved parties.
Wise & Donahue PLC
410-280-2023
18 West Street Annapolis, MD 21401
Tuesday, September 5, 2017
Family Lawyer: 5 Traits To Look For
It’s hard to choose the right family lawyer for your case. The procedure can be puzzling and stressful, especially when you are not sure what you’re looking for.
His or Her Means of Communicating
Lawyers, as a profession, have extraordinary communication skills. You know why that is? Because they don’t just talk a lot. They also need to persuade the people they are talking to. Your family law attorney should be accessible to you. When you call, he or she should take the call. You should not be talking with the lawyer’s secretary or paralegal more than the lawyer. Legal advice should come from the lawyer. Your lawyer should email you. Your lawyer should be in regular contact about the status of your case.
Openness to Negotiation
Negotiation is one of the founding principles of family law. Finding lawyer who is good with words and can successfully convince the other party is priceless. In the case of a divorce, the cost and length of a contested filing can be meaningfully be trimmed down with the help of a negotiator who has all the experience and that inclination to be open-minded. This will make the entire procedure less expensive and much easier.
The Sheer Patience Shown by Your Representation
Another important virtue of your family lawyer is patience. Does he immediately lose his or her cool? Does yelling inside the courtroom a natural habit of him or her? Stay clear from someone who will let emotions get the better of him or her.
Remember, you are the one who is going through a rough time. You need someone in your corner who is patient and calm. Someone who knows how to handle your emotional state. A family lawyer who creates a client-centered practice will have a better word-of-mouth marketing. This means knowing the needs, interests and goals of your clients and delivering exceptional results.
Someone Who Is Likable in the Community
People will do business with those they know, like and trust. One of the critical requirements for consistent referrals is establishing a foundation of trust among professionals. The number one way to build trust is to spend time making a contribution to your community and showing an interest in others.
Organizational Skills
You don’t want your family lawyer to be disorganized, right? Before you set foot inside the courtroom everything paperwork should all be prepared. Winning the case is often based on how the paperwork has been submitted. Make sure that everything has been accurately and properly documented.
Conclusion:
Evaluate the mentioned characteristics and conduct a self-assessment of your chosen family lawyer’s strengths and weakness. In what areas do you think he or she will be strong and in which areas needs improvement when you move forward with your case. The best family lawyer should know how to incorporate these characteristics as an integral part in his or her practice.
Wise & Donahue PLC
410-280-2023
18 West Street Annapolis, MD 21401
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