DO I EVEN NEED A LAWYER?

My answer will, of course, be biased, but the answer is “yes.” There are myriad laws and procedures to follow with respect to the unwinding of a marriage, and the situation becomes truly complex when children are involved. The facts of each divorce are wildly different from every other divorce, so merely relying on what someone else may have done in his or her divorce will likely leave you with less than desirable results. Relying on the amicable relationship with your soon-to-be ex-spouse is an opportunity for catastrophe as well – even the best of friends can still disagree when dividing up money or property. Taking these matters out of your hands and putting them in the hands of an experienced professional not only makes legal sense, it is more likely to preserve any amicability left in the relationship.

WHAT SHOULD I LOOK FOR IN A DIVORCE LAWYER?

The best way to find a divorce lawyer is to set up an initial consultation with a promising lead; ask family and friends who have been through the process for their recommendations and experiences with local attorneys, or search for someone who focuses his or her practice in the area and has real experience. Family law is a very specific area of practice, and the best practitioners work almost exclusively with family law issues. In other words, a general practitioner may be competent to handle family law issues, but a focused family law practitioner has extensive experience with these matters on a daily basis and can offer seasoned advice.

In the initial meeting, you can assess whether the attorney is a good fit for you. Look for someone with good bedside manner.  You’ll be having highly candid discussions with this attorney over the course of the process, so make sure you feel confident that you can speak openly with this person and are comfortable with her or him. Also, make certain that the attorney is listening and being responsive to what you have to say and is willing to answer any of your questions. Finally, a family law attorney should discuss the costs you may incur during the process, including attorney fees, court costs and any other potential expenses.

Don’t feel that you must choose the first lawyer you consult with – as with the choice of any product or service, you are free to shop around until you find the lawyer you feel the most comfortable with. You want someone to aggressively advocate your position who is knowledgeable and experienced, but you also need someone who will give you frank, candid feedback about your unique situation.  If you find such an attorney, you’ll know you are in good hands. 

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1.  YOU’RE PROBABLY GOING TO BE ORDERED TO DO IT ANYWAY!

Increasingly, Family Court judges order parties to mediation before they are allowed to continue their case in the courtroom. With such crowded dockets, these judges are fighting to ensure that only parties that truly belong in court wind up there. Why wait for the judge? You can start saving money at the outset by skipping the initial court appearance and heading straight to mediation. Even when litigation becomes necessary, one study suggests that less than 20 percent of families who begin a divorce proceeding through mediation appear before a judge, while 75 percent who pursue an adversarial process wind up in court.

2. MEDIATION IS LESS COSTLY!

Mediation saves both time and money! One article claims that in 2005, an average mediated case cost around $3000, while a similar case in litigation wound up costing $15,000 on average. In another study, divorcing couples reached agreement significantly more quickly when mediating, saving around 2 ½ to 3 ½ months in time to resolution.  With today’s crowded court dockets, the actual time saved in mediation is likely far greater. It makes sense – in an adversarial proceeding, both parties pay attorneys an hourly rate to handle the case, and the bills can mount as the litigation drags out. A mediator brings both sides to the table, and the process is controlled completely by the parties. The only ones who have a financial advantage in divorce litigation are the attorneys.

3. MEDIATION IS PRIVATE!

One big difference between mediation and a litigated divorce settlement is privacy. Issues that arise in litigated proceedings may find their way elsewhere, and proceedings take place on the public record. Ready to air your dirty laundry in public? Likely not. With very limited exceptions, your mediator cannot reveal anything discussed at mediation – to anyone. The confidentiality of a mediation protects sensitive information and the privacy of the parties involved.

4.  DID SOMEONE SAY BETTER OUTCOMES?

It’s not a stretch to imagine that a process in which parties hash out an agreement with the assistance of an individual trained to help them collaborate produces better outcomes than a purely adversarial process.  Parties are encouraged to find common ground in a mediation, rather than fight for ground.  A study referenced earlier shows that there “significantly more joint legal custody awards” in mediation than in litigation. Overall, couples who mediate divorce, child custody and other family law issues wind up with far higher rates of compliance with the agreements made in those mediations than those who litigate, even long-term.  Cases involving children result in much more stable households post-divorce when parents mediate. Outcomes are far more positive all-around.

These are just a few of the advantages of mediation, although there are many, many others, such as the autonomy of the process, the positive emotional reactions, and the fact that there are just certain decisions that the parties are better at making together instead of putting before a judge. These factors combine to produce a process that results in a win for both parties far more often than a legal fight.

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1.     MISCONCEPTION: ONLY WOMEN GET SPOUSAL SUPPORT.

While this may have been somewhat true in the past because of traditional family roles, times are changing. Women have made their mark on the workforce. More and more men are stay-at-home dads. Spousal support is meant to provide support in the instance of a serious income imbalance when one spouse provides nonmonetary support to the relationship instead of acting as a breadwinner.

Of course, spousal support itself is occurring less and less often, but if it is awarded, there’s no guarantee that only the former wife will receive it.

2.       MISCONCEPTION: THE MOTHER ALWAYS GETS CUSTODY.

Similar to trends in spousal support, the idea that the mother of the child or children always gets primary custody is outdated. Kentucky recently updated KRS 403.270, which starts the divorce process with the assumption (which can be challenged in court) that joint custody and equal timesharing is in the best interest of the child.  This means that fathers no longer have a steeper hill to climb in court than mothers, and both sides begin on similar ground.

3.       MISCONCEPTION: EACH SIDE GETS HALF.

This one cuts both ways, so to speak. Courts are concerned with equitable division of assets, not necessarily equal division of everything. The distribution must be fair, not even, and the process takes into account the financial standing of each spouse. That means that some parties with higher means may walk away with more debt.

There are two types of property – marital assets and non-marital assets.  Marital assets are generally assets acquired during the marriage, with some exceptions. Non-marital assets are those acquired before the marriage or through inheritance or gift. Generally, only marital assets are divided between spouses, while non-marital assets stay with the particular owner. At the same time, this doesn’t mean that the spouse who earned the balance of a retirement account gets to keep the full amount – this kind of asset is likely to be divided in some equitable way.

4.       MISCONCEPTION: NON-PAYMENT OF CHILD SUPPORT LIMITS VISITATION.

This is a common misconception, and it causes a multitude of problems. Child support is a completely separate issue from visitation. If a noncustodial spouse does not pay child support, the custodial spouse cannot withhold visitation. The reverse is also true: if a spouse withholds visitation, that doesn’t authorize the noncustodial spouse to withhold child support. Although they both concern the children of the marriage, they are two separate issues with different rules and standards, and one has no bearing on the other. The appropriate sanction for failure to supply either visitation or child support is up to a court.

5.       MISCONCEPTION: YOU DON’T NEED A LAWYER TO GO THROUGH A DIVORCE.

This one is a little self-serving, I’ll admit, and in the strictest technical sense, it’s not a myth: you can make it through the divorce process without an attorney. The instances where that has been in the best interest of the individual, however, are few and far between. What most people don’t want is a drawn-out and difficult process, and a good attorney should work to prevent that by stressing positive, collaborative means to accomplish the unwinding of the marriage, such as mediation, negotiation and other non-litigious tools. Divorce doesn’t have to be warfare. We as attorneys may not be able to make it easy, but we can guide the process with an experienced and knowledgeable hand to produce positive outcomes.

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Presently what?

One of your subsequent stages is choosing which sort of insolvency to record. There are two sorts of insolvencies that people can document: Chapter 7 and Chapter 13. The essential distinction between the two is that one wipes out your obligations and the different includes an installment intend to reimburse probably a portion of the obligations you owe. Keep perusing to get familiar with the contrasts between Chapters 7 and 13 liquidation and which one is directly for you.

What is Chapter 7 liquidation?

Part 7 of the U.S. Insolvency Code is a type of chapter 11 for individuals with extremely constrained pay. To fit the bill for Chapter 7 bankruptcy, you need to breeze through a methods assessment that shows your pay falls beneath a number set by your state. To discover increasingly about the methods test and your state’s salary levels, visit the Department of Justice site.

In the event that you document for Chapter 7 bankruptcy, you’ll have the option to clear out debts without collateral (like Visas, payday advances and doctor’s visit expenses).

How Chapter 7 insolvency functions

When you document for Chapter 7 bankruptcy, the court chooses a trustee for your case. Some portion of the trustee’s obligations incorporate auctioning off (or selling) specific kinds of your benefits. That cash will be utilized to pay your loan bosses.

Property that could be exchanged under Chapter 7 incorporates:

Money.

Ledgers.

Stocks.

Important assortments.

A subsequent home.

A subsequent vehicle.

A portion of your benefits may get away from the hacking square, however. Absolved resources may incorporate your essential home, the vehicle you use for work, hardware you utilize only for work, Social Security checks, annuities, veteran’s advantages, government assistance and retirement investment accounts.

What is Chapter 13 insolvency?

Section 13 of the U.S. Chapter 11 Code rebuilds your obligation (and may wipe out a bit of it) so you can make increasingly reasonable installments. With Chapter 13 insolvency, you don’t exchange or lose any of your advantages since you are making ordinary installments to keep them.

Part 13 for the most part works best for individuals with consistent livelihoods who can oversee making normal installments. Also, if your pay is too high to even think about qualifying for Chapter 7 bankruptcy, Chapter 13 bankruptcy is your lone choice.

How Chapter 13 liquidation functions

When you record for Chapter 13 bankruptcy, you’ll be appointed a trustee who will assist you with setting up gatherings with your loan bosses and make an installment plan for all or a portion of your obligations over a period running from three to five years. The conditions of your arrangement will rely upon your salary and your obligations.

Favorable circumstances of Chapter 13 insolvency include:

Possibly sparing your home from dispossession.

Rescheduling made sure about obligations for lower installments.

Money related assurance of any co-endorsers.

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