Alhambra divorce lawyers
Divorce has become a popular trend in American society. Statistics show that almost 50 percent of marriages end up in a divorce.
The truth is that no one enters into a marriage only to divorce a year or two later. But sometimes circumstances make it difficult to stick in a relationship – particularly if a couple got into a marriage without properly thinking about it.
When issues such as infidelity and domestic violence become the norm in a marriage, the best thing for the couple is to go their separate ways. As such, it is important to always be prepared for anything.
A divorce can be a complex process. You need an experienced divorce lawyer to help you end the relationship in a smooth way. Otherwise, it might take months or even years before the marriage is resolved.
5 things to consider when filing for a divorce
If you have made up your mind about terminating the marriage, the first step is to speak to a divorce lawyer. He or she will guide you on the procedures or steps you need to follow. You should also inform the lawyer why you are ending the relationship.
For example, if your spouse has been abusive or violent towards you or has refused to attend counseling appointments, your lawyer should know about that. The other thing you should discuss with your divorce lawyer is marital property and child custody.
1. Marriage documents
Other than the marriage certificate, you will also be required to put in order your financial matters and other legal matters prior to submitting your application to the court.
If you have any debts or financial settlements, then your lawyer should thoroughly review the case to help you get the best deal out of it.
2. Child custody
Child custody is one of the important factors to consider when filing a divorce. It is one of the things that usually drag the divorce process. To avoid this, a spouse might consider filing for a divorce through mediation rather than litigation.
Doing so can make it easy for the couple to agree on the terms and finish the process much faster. But if things are left in the hands of the court, the process may drug and custody can be given to a parent who is not financially stable.
3. Division of property
The division of property is one of the most contentious issues, in case of a divorce. There are two types of property. The first one is private property. This is the property that was acquired prior to marriage and the other spouse can’t lay claim on it.
The second type is marital property. It involves property that was accumulated during the marriage and is supposed to be divided equally between the two.
It will be at the discretion of the court to decide who keeps the marital home unless the couple signed a prenuptial agreement indicating who will own it.
Speak to your lawyer to void losing your business or assets to your spouse. For example, if you own a joint business, let your attorney know the terms of ownership. Sometimes the court can decide to revoke your ownership rights and transfer them to your ex-husband or wife.
4. Legal cost
This is another important factor to consider when it comes to filing a divorce. Sometimes a couple might want to end the marriage but don’t have money to hire a divorce lawyer.
Depending on the state you come from, you can launch an appeal to have the court reduce the legal costs.
Your divorce lawyer will help you with how to go about the waiver application process. Some states may waive the fee by more than 50 percent. This will obviously depend on a number of factors.
5. Prenuptial agreement
This is another vital element during the divorce process. Couples who sign prenuptial agreements prior to getting marriage have an easy time when it comes to winding up the marriage. This is because a prenuptial agreement contains details on how property will be distributed, should a divorce happen.
Most prenuptial agreements list all the properties or assets of each couple and any debts that they might be having. This means that such property or business cannot be counted as marital property during a divorce.
Finding a Prenup Lawyer: Getting a List of Attorneys
Generally, lawyers who specialize in family law, marriages and divorces are in the category of those who would be able to do a prenup. Your local bar association keeps a listing of marriage lawyers, prenup attorneys and other legal practitioners grouped by their area of practice.
Search engines frequently return you links for lawyers practicing family law in your local area. With clever search term combinations, a selection of attorneys who handle prenuptial agreements can be found. Use such terms as “prenup lawyer”, “prenuptial lawyer”, or, “prenuptial agreement attorney close by”. Once the nearest lawyers that practice in this area come up, you can begin narrowing down the field.
Pinpointing an Attorney Who Has Done Prenups Before
You need to be aware that in some cases, a firm or a lawyer will advertise that they practice in the broad area of family law, but they may not have experience handling prenups. With that said, as part of the process of retaining a prenup lawyer, your next step should be to contact and meet with some attorneys who practice in family law or claim to have experience with prenups. You can ask them more about their track record handling prenuptial agreements for clients like you and circumstances like yours.
Making Your Decision
Some of the criteria you should use to choose your prenup attorney include:
- The prenup services you require
- The protection you are seeking for you and your property
- The size of your asset portfolio
- The budget you are working with
- Your comfort level with the attorney
What prenup Services You Require
You should be clear what services you require. Do you need the agreement written? Have you been asked by your significant other to sign an agreement? Do you need your attorney to deal with negotiations? Are you getting a divorce and you need help getting your prenup enforced? Being clear about what you require will help you narrow down your choice of attorneys.
What Kind of Protection are You Seeking for You and Your Property
Here again, know what you require.
More than thinking about the current state of affairs, with a prenup, you should think about the future also. Are you considering switching some of your separate property into community property to share with your husband? Are you concerned about being required to assume responsibility for your wife’s debts? What about when one of you dies? Should the prenup have provisions for this or are you putting a will or a trust in place to distribute your assets?
If you don’t have answers, don’t worry. At the very least, knowing what questions you need answered is valuable.
The Size of Your Asset Portfolio
If your assets are many and high in value, then you need a lawyer who has experience making prenups for people with large estates. If you don’t have much to protect right now, then your attorney should have experience working with clients such as yourself who also didn’t have a big asset portfolio to negotiate.
Your Budget for a Prenup Lawyer
The median legal fee for a prenup lawyer is $2,500, according to U.S. News and World Report. The lowest amount couples will be asked to pay is $1,200 to $2,400 each, but fees can swing widely based on a multiple factors. Do some research before meeting with your final contenders.
Your Comfort Level With Your Prenup Attorney
Because of the particularly intimate and confidential nature of the information you will be sharing with your lawyer for them to represent you, one criteria you should gauge is your comfort level with them. A face-to-face meeting with the lawyer will help you figure this out at the outset.
Indeed, as standard practice, they should obey the attorney-client privilege. If they don’t mention it early, confirm with them what kinds of information you share with them is privileged and if any information is not. Beyond that, observe if you have a good rapport and you feel relaxed talking with them and sharing information. If so, then you may have found your prenup attorney.