Palmdale divorce lawyers

Posted By Aaron Denton, On August 27, 2020
Things You Lose During a Divorce

You have a lot to lose when your marriage ends. Money is but one of the things that you stand to lose during a divorce. That is why you need a Palmdale divorce lawyer. Life changes when you divorce. Everything you now find comfortable and familiar spirals into something strange and unfamiliar. Emotions run rampant, which are sometimes difficult to deal with. Lawyers think clearly when you cannot, helping get the best results at the end of the case.

Things You Lose During a Divorce

What can you lose during divorce besides money? Well, of course, your partner is now out of the picture. Maybe that’s a good thing; maybe it is heartbreaking. Either way, it’s now the reality of life, something you must accept and learn to move forward from. You cannot sit around and sulk, wishing or hoping for something that may never again be and perhaps shouldn’t. There is something else in store for you. Open your mind to those possibilities.

Family

It is often the in-laws that we lose when the marriage ends, but sometimes your own family may turn their backs on you. Don’t expect this to happen in usual circumstances, but also prepare in the event that one or more of your family turn their backs. When the marriage ends, relationships with the in-laws often change, grow distant, or even non-existent. Some close-knit in-law relationships survive the divorce but don’t be surprised if it eventually dwindles.

Friends

Friends may also pick sides during a divorce, so expect to lose a few people along the way. Yes, losing friends is extremely painful, but it is a realization of who you can really trust and who you cannot. It is human nature to pick sides and friending both parties after a divorce could prove difficult. It hurts when you see people as true friends, but it is better to learn the truth now than later down the road.

Belongings

You lose a lot of stuff during a divorce. This potentially includes homes, vehicles, personal belongings, and maybe even the kids. Work out a parenting plan with your partner to ensure kids are not in the middle of the divorce. The changes cause them a lot of emotions just as it does adults. Getting put in the middle of the chaos is the last thing that children deserve.

Less Time With Children

Expect a divorce to coincide with less time with the kids if you are not the custodial parent. A Palmdale divorce attorney can help create a parenting plan with the children so that loss of time is as minimal as possible. Remember, children are innocent in a divorce. Kids love each parent equally, as they should. Children deserve both parents, even when things between the couple dissolve.

Confidence

Losing confidence may be the last thing you expect during a divorce, but it happens to many people. Divorce creates a lot of emotions. Some of those emotions cause us to feel like a failure because the relationship didn’t work. We sometimes feel like we were not good enough or that we won’t be good enough for someone else. Expect to feel sad and broken for a bit after the marriage dissolution. This is natural for most people who were in love with their partner. Time heals all pain.

How a Palmdale Divorce Attorney Helps Your Case

An attorney cannot take away some of the repercussions of a divorce, such as those outlined above. But what he can do is help resolve the divorce with your best interests in mind. He’ll ensure that decisions are made based on benefit, not based on your emotions. Lawyers minimize contact between ex-spouses which eases conflict and frustration. Lawyers understand California’s divorce laws and ensure that you have a voice during this difficult time in life. Individuals who retain divorce lawyers protect themselves and their best interests. It costs nothing to speak to an attorney to learn more about their services. Free consultations provide a time to ask questions and get answers and learn specific details about your case. There’s a lot to lose after a divorce. Protect it all with the help of a Palmdale divorce attorney.

Can I get copies of our Marital Settlement agreement?

When someone partakes in a legal proceeding, he or she is often deluged with a large amount of information contained in any number of official documents. This is especially true of those going through a divorce. One such document a divorcing individual might complete and need to retain for his or her records is a Marital Settlement Agreement. This brief piece discusses what a Marital Settlement Agreement is, as well as the procedures one must follow to obtain a copy of it.

What Is A Marital Settlement Agreement?
This legally-binding outline is, under most circumstances, a mutually agreed upon arrangement dictating how critical issues surrounding the soon to be ex-spouses affairs are to be settled. Such issues include, but are not necessarily limited to division of financial assets, property ownership, debt repayment, whether one spouse will pay alimony to the other, child custody and visitation rights. The agreement may also contain information about how ex-spouses will conduct activities such as applying for loans, formulate retirement plans and go about paying income taxes.

Do All Divorcing Individuals Need A Marital Settlement Agreement?
Typically, these agreements are reached by separating spouses who are experiencing an amicable split and/or those who are able to compromise and do not the intervention of a court or judge to resolve the aforementioned issues. In addition, this documentation clearly spells out a separating couple’s plans and can greatly expedite the time necessary to complete the overall divorce process.

How Does One Go About Obtaining A Copy Of His Or Her Marital Settlement Agreement?
Divorce proceedings are handled by the state and/or municipality where the spouses reside. When a couple files for divorce, the court in question gives the case a number, which appropriately enough, is then referred to as the case number. Though it is important to commit the case number to memory, it can usually be located at the top of any document the court might have sent a separating spouse.
When an individual seeks copies of his or her Marital Settlement Agreement or any other papers related to the divorce, the case number will likely be the first bit of identifying information a separating spouse will need to provide. In certain instances, the court might also require that the case’s name be provided. Typically, the case moniker is the full name of both spouses.

Once the appropriate identifying information has been located, a divorcing spouse should contact the Clerk Of the Court. Often, the Clerk and his or her staff stores, transcribes and remits court-related documents. Requests can often be processed several different ways. Among the most common is through the postal service by submitting a self-addressed, stamped envelope, personal identifying information like a copy of a driver’s license or passport and whatever fee may be required to the court’s mailing address. Usually, requests can also be made in person at the court’s offices. Some jurisdictions might allow requests to be processed online. One should contact the appropriate court, learn what options are offered and choose the request method that best fits his or her circumstances. Upon receiving the Marital Settlement Agreement, one should make additional copies of it and place these papers in a secure location like a bank or personal safe.

Can I get a refund on the retainer if I fire my lawyer?

One of the first things a person does when starting the divorce process is to hire an attorney. An attorney will work on a client’s behalf to come up with a divorce settlement and negotiate for the best possible scenario. When you hire a lawyer, you will be required to sign a legal contract and provide a retainer payment.

A retainer fee is for future services. When a law firm receives your retainer fees, they are required to deposit fees in an office’s trust account. The Trust Account is different than an Operating Account, and are kept separate from each other. In general, retainer fees are held “in trust” by an attorney on a client’s behalf.

If a client terminates representation from a lawyer or firm, the retainer must be refunded minus any funds already applied to the client’s case. However, if you have a non-refundable clause in your legal contract, you likely will not receive any of your retainer fees, if you terminate your contract or reconcile with your spouse. But, if your legal contract doesn’t have a non-refundable clause, you can expect at least a partial refund.
For example, if you paid an attorney a $1000 retainer fee and the case was worked for two hours at $200 per hour, the maximum refund you should expect would be $600. Additionally, if the lawyer filed the divorce claim on your behalf, there was likely a filing fee. Unless you were asked to pay the filing fee separately, the lawyer will reimburse himself for the filing fee as well, which will decrease the $600 refund to $450. The terms and conditions of retainer fees and how refunds would be issued should be spelled out in exact details of the legal contract you signed when the law office was hired.

When to Expect a Retainer Refund?
It’s important to note, if you terminate your relationship with your lawyer and are owed a refund, you will likely not receive the refund right away. It may take several days or even weeks to receive your refund. Law offices usually pay themselves from the trust account at the end of each month. If you contacted your lawyer mid-month to terminate his services, you shouldn’t expect a refund right away. The attorney will notify his staff that a refund is due, but the refund won’t be issued until the firm does its monthly accounting. During the monthly accounting, the lawyer will pay himself what is owed and refund the balance of your retainer.

What if Your Retainer was Non-Refundable?
Most reputable lawyers will not require a non-refundable retainer. However, it is important to ask questions and read your contract carefully to ensure you understand exactly how a refund will work if you call off your divorce or terminate your relationship with your lawyer. If you signed a legal contract that includes a non-refundable retainer, and you have decided not to go through with your divorce or seek services from another lawyer, you can approach your state’s fee arbitration committee or attorney disciplinary committee.
Either of these committees may act on your behalf and require your attorney to refund at least a portion of your money. You should also approach either committee if your contract with your attorney doesn’t state whether the retainer is refundable, or your lawyer didn’t have you sign a contract at all.