Four Tips to Save Money in Your Divorce Case

1. Have an Clear Written Fee Agreement

Most experienced and effective divorce attorneys charge by the hour and require an advance retainer (or deposit) that is paid at the beginning of the case. Fees and expenses will be charged against the retainer until it is exhausted, at which point the client will be responsible for any additional sums incurred.

Clients will sometimes seek an attorney who will represent them on a flat fee basis, thinking that this will save them money. The problem with this arrangement is that the attorney has no incentive to do anything beyond the bare minimum. The client often feels like his case is being ignored, the attorney often feels like the client is intentionally trying to take up as much of his time as possible, and they may both be right.

Whether you hire a lawyer on an hourly or flat fee basis, it is extremely important that you get a written fee agreement that makes clear the terms of the representation, including whether any retainer is refundable, how often you will receive statements, the attorney’s hourly rates, etc. You should get and keep a copy of this fee agreement.

2. Don’t Mistake Your Divorce Lawyer for Your Therapist

Divorces are extremely emotional. Because your divorce attorney is (or at least should be) firmly in your corner, talking to him can be a very reassuring experience. This person understands your side of the situation and it feels good to talk to someone who sees the righteousness of your position. Because it makes you feel better you get into the habit of calling often, almost daily.

Unless you have more money than you know what to do with you should NOT fall into this trap.

Remember that every time you call your lawyer the clock is ticking and you are getting billed by the hour. Think of it as a very expensive cab ride. As soon as you get in the cab, the meter starts running. It works the same with a lawyer, as soon as you are on the phone with him the meter is running and you are getting charged.

This does not mean you should never communicate with your lawyer. On the contrary, you should communicate with your attorney anytime you need legal advice on your case. But before you pick up the phone make a list of questions or issues you want to discuss and limit your conversation to these points without wasting time ranting about the unfairness of the situation.

3. Don’t Use Your Attorney to Negotiate a Division of Personal Items

Arguing about which party deserves the blue sofa or the bread maker is not a good use of attorney’s fees. As much as possible, you should try to resolve these issues with your spouse. Ideally, if you and your spouse have already separated, you could divide these items by agreement and exchange them before the case has been completed.

Then, when it is time to finalize the divorce the term in the agreement and/or Final Decree, the document would simply state that each party keeps all personal effects (furniture, clothing, electronics, appliances, kitchen equipment, etc.) in that party’s possession. This can save a great deal in fees by avoiding debates over property that has very little market value.

4. Don’t Throw Away Dollars Trying to Save Nickels

This is extremely important. People will often be extremely frugal about hiring an attorney and think they are saving a lot of money by hiring a lawyer for a small flat fee, or hiring someone who is not very experienced but will work cheaply.

This is a mistake.

Your goal should be to reach a reasonable settlement as quickly as possible. In order to reach this goal you will need an effective lawyer who sincerely shares that objective with you. That lawyer will then use his experience and skills to help you reach that objective.

But notice that I said “reasonable” settlement, not just any settlement. If the other side cannot be convinced to settle the case on reasonable terms it is imperative that your lawyer be skillful and confident enough to effectively try your case.

Someone who is learning on the job, or is simply unprepared, can cost you a great deal of money. So don’t cheat yourself out of dollars in an attempt to save nickels.

About the author:
Scott Morgan is a practicing Texas divorce attorney. For more information on Texas divorce visit his website at http://www.texas-divorce-info.com. The website provides general information and resources on divorce, as well as specific information on Texas divorce law.
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Divorce and Hidden Assets

Not surprisingly, assets are often hidden in a divorce situation. Why - well simply greed, or the feelings of betrayal or anger at the need to divide assets in the divorce, or the fear of not having enough after the divorce all motivate the behavior of hiding assets.

In divorce, the parties assets are divided. Under the divorce laws of some states they are divided equally and under the divorce laws of other states, they are divided "equitably" or fairly. Equitably often means equally to overworked divorce judges.

There is no way to know in advance if your spouse has or will hide assets in a divorce. You know your spouse better than your divorce attorney will and you will need to alert your attorney to the possibility of your psouse hiding assets. Before you get to that point, however, there are some easy steps to take to prevent your spouse from being able to hide assets. Those steps include finding out everything you can about your assets before divorce.

Before you alert your spouse that you are considering divorce, you need to complile and/or stockpile documentation about all of your assets. If you do not have knowledge of your marital assets, it is time to find out what is there. If bank and other statements come to the house, open them and write down account numbers and balances.
If you have access to the cancelled checks, copy those as well. It is not unusual for a spouse who is planning a divorce to transfer money to friends or relatives with the plan being that they will give that money back after a divorce is finalized. So, you should review those records and carefully scrutinize all large or suspicious transfers that take place in the two or three years prior to or just after the filing of a divorce action.

Make sure that you know where the copies of your income tax statements are. If your spouse has a business, make sure you have a copy of several years of tax returns for that business. All of these documents can be copied and hidden safely somewhere outsided of the house in the event that you need them. Taking these simple pre-emptive steps can mean the difference in obtaining a fair settlement in divorce. It will also be incredibly helpful to your divorce attorney to have this information in advance.

If banking and other statements and financial records are not kept at or mailed to your house, you will need to obtain those records in other ways. You can contact the IRS to obtain copies of any tax returns that you signed. Request copies of those returns and have them mailed to a different address - either a friend or relative or your divorce attorney. If there are returns that you have not signed, such as business tax records, you will not be able to obtain copies of those returns from the IRS. If you have access to your spouse's place of business, you may be able to find those tax returns there. If you are worried about your spouse hiding assets in a divorce, you really do need to find those returns and make copies of them - for as many years as possible.

If you have valuables, antiques, jewelry, art or other collectibles in your home, catalog all of them and if you have appraisals, make copies. It is not unusual for those items to disappear or even to be pawned by a spouse in need of more funds.

If you suspect that your spouse has engaged in some divorce planning and is hiding assets, let your divorce attorney know. Ask your divorce attorney to subpoena records from any other individual or entity who could be involved in assisting your spouse in hiding those assets. If need be, your attorney can use the services of an investigator to help to obtain financial records that have been withheld.

About the author:
Attorney Jean Mahserjian is the author of numerous websites and books devoted to helping consumers through the process of separation and divorce. To download free excerpts from her family law books, visit: http://www.millenniumdivorce.com
Article Source: http://www.articles2k.com

Don't Divorce Your Children

Divorce is certainly an emotional time for families. In fact, it ranks as one of the most stressful experiences in life. However, it is not only the adults who experience this stress. If the adults are parents, their children often suffer greatly. Their suffering can not be entirely eliminated. A certain amount of grief at the 'death' of their parents' relationship is to be expected. Nevertheless, while the adults are going through typically arduous legal wrangling it is important for them to remember the needs of their children and put them first. Deciding to cooperate for their sake will help to protect the children's emotional well being by maintaining their sense of security and need for unconditional love. Marital breakdown is difficult for everyone - especially children. There are several ways in which loving, responsible parents can cooperate for the good of their children. Even though the marriage may have broken down, the parental relationship is 'till death do us part'.

Child and youth counselors emphasize that children need lasting relationships with both parents. More often than not joint custody is granted because of this accepted understanding. Ideally, the relationship of the parents should be business-like and cooperative for the sake of the children. Children should not witness hostility between their parents and should not hear negative statements about either parent. It is recommended that parents commit to regularly scheduled meetings, in a neutral location for the purpose of discussing child-related issues. Education, medical, religious and moral issues that concern the children's well- being need to be dealt with by both parents. If emotions prohibit calm conversation, there are often family justice counselors available in the community to facilitate these important meetings.

Children going through the divorce of their parents usually have many questions and worries. Compassionate responses are required and it certainly takes mature parents in order to put aside their own issues and help their children gain some understanding about a situation over which they have no control. Unfortunately, many children experience guilt and often blame themselves for the marital breakup of their parents. Counseling - whether group or individual - can be an effective way to lessen this destructive burden. The objectivity of the counselor may help the child open up and share his/her feelings. As children mature, their questions will differ so the issue of their parents' divorce is never really over. A commitment on behalf of both parents to open communication with the children will reassure them greatly.

About the author:
Jean Mahserjian has practiced family law for close to two decades and is the author of many books devoted to helping consumers understand family law, including the issues of child custody and support. To download free excerpts from her family law books, visit: Winning at Custody
Article Source: http://www.articles2k.com

Seven Sets of Documents You Need For Your Divorce

This article is designed to give someone who is considering or planning for the possibility of divorce an idea of what documents are needed. Even if you believe your case ultimately will be agreed to and settled without a trial, you will be in a much better position if you already have the relevant documents in your possession. Better safe than sorry.

You should locate the relevant documents, make copies, and keep them somewhere secure, like your office or with a friend. You will then have access when it is needed.

Here are the most important seven categories of documents you should focus on.

1. Income Documents
Your spouse's income is relevant to a number of issues in a divorce case. At a minimum, get your spouse's last paycheck statement and your most recent tax return. Ideally, you would have access to all tax returns filed during the marriage, along with all supporting documents and schedules.

2. Bank Records
The monthly bank statements are very important and can lead you to other documents (cancelled checks, deposit slips, registers, etc.) that you also may need to obtain. Get at least the most recent statement for each account that is either held in your name, your spouse's name, or jointly. If possible, get copies of all statements going back to the date of marriage. In most cases this volume of records is not required, but in some cases these records can be very helpful and even necessary to analyze the case.

3. Retirement and Other Investment Records
Often the biggest asset a couple will own will be a 401k or pension account. So you will definitely want the most recent account statement and ideally all statements dating back to the time of marriage. Also, the last statement prior to marriage can be very significant (especially in community property states) to show the pre-marriage balance.

4. Credit Card statements
Again the most recent statements are a necessity, but a lot of important evidence can be garnered from the historical statements. In some cases, the credit card statements will show questionable transactions that can be of real evidentiary value. For example, they might show evidence of gifts or dinners purchased for paramours, questionable hotel rentals, or other dubious purchases.

5. Real estate document
The most important real estate documents are the Deed of Trust and Warranty Deed for any property you currently own. If you have the entire file from (the giant stack of paper you got after the closing) for each real estate purchase or refinance transaction during the marriage it can be helpful. Additionally, documents evidencing real estate owned by either spouse prior to marriage can be significant, especially in community property states.

6. Mortgage statements & any Other Debts
You should get the most recent statements showing the current payoff balance for any other debts. For those debts that have only a coupon book with no regularly generated statements showing the current balance, you will probably need to contact the creditor by phone for the current payoff information.

7. Relevant emails or other correspondence
Correspondence or emails can be extremely helpful (or damaging, depending on your viewpoint) pieces of evidence in the case. Whether the communication is between spouses or between a spouse and some third-party, the communication is potentially relevant. Two common examples would be where your spouse makes a damaging admission about some issue in the case, or communications with paramours.

Conclusion
Determining which documents you need to obtain for your divorce case can be a very time-consuming and daunting task. Use this list as a starting point and discuss your situation with a quality divorce attorney. This person should be able to advise you specifically on the documents you need to obtain in order to protect your interests.

About the author:
Scott Morgan has been a practicing divorce attorney since 1994. To learn about California divorce visit http://www.california-divorce-info.com for a litany of divorce resources, a free newsletter, and a local attorney directory.
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The job of a divorce attorney

Marriage is a very solemn and serious chapter on any person's life. However, due to personal reasons, a couple may decide to call everything off and file a divorce. Divorce, or dissolution, as it is increasingly becoming known, is a process that legally terminates a marriage no longer considered viable by one or both of the spouses, and that permits both to remarry. All options for reconciliation are taken before a decision is made to go to a divorce attorney. But when everything fails, the divorce attorney takes over and the legal process of divorce takes place.

How is divorce different than annulment? As any divorce attorney will explain, annulment voids the supposed marriage. This means there is not marriage to begin with. A voidable marriage occurs when some defect exists in the contractual agreement in which all marriages originate, as defined by a divorce attorney. These include marriages of the underage or the insane, or a marriage procured by fraud. Sexual impotency existing at the time of marriage also gives grounds for annulment according to any divorce attorney.

Divorce, however, recognizes the existence of the marriage and dissolves it on the given grounds, which are contested by the divorce attorney. Grounds for divorce are adultery, unreasonable behavior, or a lengthy time apart. Once the case is file, it is the divorce attorney's job to confirm the complaint and proceed to the divorce court hearing.

What takes up most of the time of a divorce attorney is the distribution of conjugal property. In "community property" states, the courts recognize both spouses as owning a 50 percent interest in any assets acquired during the marriage (except for items obtained as gifts or inheritance.), which will need to be divided between the two persons and enforced by the divorce attorney. Likewise, debts are the responsibility of both parties. In a divorce action one spouse, usually the wife, may be granted alimony or maintenance payments generally for a limited period of time. Often a court will order the transfer of property, such as the matrimonial home, from one party to the other on divorce; this is particularly common where there are children from the marriage who are of school age. The custody of any children may be awarded to either spouse, with an arrangement made for visiting rights and support of the children by the divorce attorney. At present, joint-custody arrangements are being worked out more and more frequently by divorcing parents rather than in a court and the divorce attorney.

During all of this process, the divorce attorney becomes the legal representative of the husband or wife in court. All meetings or agreements should be made with their divorce attorney present at all times. This lessens the possibility of violence, especially when the grounds of the divorce are adultery. The divorce attorney keeps the parties civilized and help quicken the process even more. The divorce attorney should not be seen as the villain during such procedures because it is their job to work as mediators.

A divorce attorney's work is not done until the assets and liabilities of both parties have been resolved. This includes overseeing the enforcement of the court's ruling on the division of assets, visiting rights and custody for the children. With the time spent on each case, a divorce attorney must maintain composure despite his or her views on marriage. There is a possibility that a divorce attorney can lose his or her faith in the institution of marriage after a while.

About the author:
Michael Sanford
For more legal information please visit http://www.lawyer-and-attorney.com
Article Source: www.iSnare.com

Legal Issues Surrounding Divorce

There are two types of divorce: absolute and limited. Absolute, or “divorce a vinculo matu monii”, is the judicial termination of a marriage based on marital misconduct or other statutory causes after the wedding ceremony—such as adultery. After the divorce, both parties are deemed single again. Limited, or “divorce a mensa et thoro” is a separation decree, where the marriage is not fully terminated, and the couple still retain their civil status as married.

There are seven steps in having a divorce. While the process varies from couple to couple, depending on the situation of both parties, there are some essential procedures in filing for a divorce. One thing is certain, however: divorcing couples who are mature enough to agree on certain issues makes for a smoother divorce.

First, one party must file a petition for divorce. Even if both parties agree on a divorce, one must file the petition, which states the ground for divorce. There is such a thing as “no fault” grounds, which simply states that the relationship is no longer viable (such as “irreconcilable differences”). While many states allow this, some states still consider ground faults, such as adultery.

A temporary order is the next step. This is for claiming temporary financial support, child support, of custody. This is granted a few days after filing, and remains in effect until a formal court hearing. One should file for this ASAP.

A service of process is then required. This is to prove that the petition has reached the other party as well. A response is then needed from the other party. He or she must file a response to the petition, and is allowed to either dispute the grounds or defend himself or herself from them. Disagreements on custody or property division should also be filed with the response.

A negotiation for the division of property and custody comes next. The court usually lets the couple and their respective lawyers handle this, but if they cannot agree on anything, the court has to decide for them. Children are usually the responsibility of social workers, whom the court calls in to check on the living conditions of each spouse if it is fit for the children. A trial then ensues, to smooth out issues the couple couldn’t resolve by themselves.

Finally, an order of resolution is given, which ends the marriage and contains the division of property and debts. If the couple has negotiated these issues themselves, they can write their own order of resolution and submit it to court. If it meets the requirements, the judge approves it.

About the author:
Maui Reyes
For additional legal information and inquiries about the article log on to http://www.attorneyservicesetc.com
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Colorado Divorce Planning

Could prove to be a complicated undertaking. You might be stunned if your partner tells you that he or she will be pursuing a divorce. What is more, you might come home someday to an empty home and a message, with your partner and kids gone. If that happens, you might be incapable of doing any Colorado divorce and separation planning yourself. Of course, your partner could have schemed excellently and you could see that belongings have been converted and secreted or expended over a period of time, or that a move was conscientiously orchestrated using the help of counsel with the purpose to bootstrap a custody issue. Though that kind of orchestrated underhanded preparation rarely takes place, it does take place and should be a warning to any individual who is weighing a Colorado divorce: preparation and strategies are critical and ought to be considered by everybody.

To make sure that you are doing the best Colorado divorce and separation preparation and employing the right legal tactics, you may need the assistance of a lawyer. An experienced Colorado family lawyer has gone through it all. He or she has handled enough cases to understand what strategies might be practiced by the adversary, what strategies are effective, and which strategies would work for your family situation. Using tactics and planning does not dictate that you are setting up divorce litigation. It signals that you are aware of the facts necessary to proceed with your suit, your goals and that you have carefully strategized how to get where you want to go. A practiced settlement dialogue will not take place without a lot of thought and preparation. Some clients fail to see the genuine value obtained from their lawyer. Actually, many clients will claim that they did the necessary work in obtain information or in getting information to their lawyer, only to be confronted with a large invoice, and they want to know why. The "why" is because of the Colorado lawyer's level of experience and number of years practicing and the lawyer's ability to work out your tactics to get the result that you desire.

The tactics and planning that you should undertake before starting a Colorado divorce do make a difference to the end result of your case. There are some things that everybody will have to undertake, like obtaining your various economic documents. Many planning and strategy issues are very specific to your own case, such as, the history of your married life and your situation at the time. Whatever your personal circumstances, your preparation must be undertaken after thorough consideration of all your facts and a thorough conversation about your goals with your lawyer.

Various individuals facing the same circumstances could use different Colorado divorce plans simply because they are focused on different results. If obtaining a negotiated settlement and not going to Court are what you want, your lawyer could have to engage in different maneuvers than if you want the end result to be determined by the court. If your lawyer has obtained all of your facts and is familiar with the results your require, they will be able to prepare a tactical outline that should meet your goals.

Since divorce or separation is frequently a battle over money, getting all of the relevant information about your family finances will be a very important task. You must have copies of three or four years income tax returns, your w-2 and your spouse's w-2 from each employer for each of those years. If you do not know where to locate those documents, you can get duplicates from the IRS. If you are obtaining these records secretly and do not want your partner to find out that you are engaging in divorce or separation planning, ask that your tax returns be mailed to your business office address, a friend, or to your lawyer.

A chronicle of your years together while married is very important to other matters that your Colorado divorce or separation lawyer might need to take care of for you. Many lawyers request that you supply some sort of outline to assist them in taking care of your case. If your lawyer does not require one, you should prepare one anyway. The effort that you put into that outline may help your lawyer on matter like fault, custody of the children, and support, and it may save your lawyer preparation time for your lawsuit and thus, reduce your legal fees.

The more effort you put into obtaining, and preparing important facts and documents for your Colorado divorce or separation lawyer, the less effort you will expend in your lawyer's office reviewing those issues. Perhaps your attorney will spend less time on fact finding and more of your funds will then be spent on planning and preparation.

About the author:
Attorney Jean Mahserjian is the author of numerous websites and books devoted to helping consumers through the process of separation and divorce. To download free excerpts from her family law books, visit: http://www.millenniumdivorce.com
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A Divorce Glossary

Divorce lawyers and law firms can provide a great deal of divorce information and divorce advice; but sometimes, all that legal jargon can be confusing to say the least, not to mention intimidating. Getting a good, low cost divorce settlement requires planning and research.

So, why not start here? We have provided you with a good glossary of legal terms related to the process of getting a divorce:

Alimony
A regular support payment by one divorced spouse to the other

Annulment
A court declaration stating that a legal marriage never existed

Arbitration
Having a disputed matter settled by a third party who is not a judge.

Attachment
A court-ordered seizure of a debtor’s property.

Attorney at Law
A state-licensed advocate who is hired to prepare, manage and try a case in court.

Alternative Dispute Resolution
A process of negotiation, mediation and arbitration, in lieu of a trial, as a way to resolve issues pertaining to a judgment of divorce.

Case Information Statement (CIS)
A financial document specifying the details of your respective incomes, expenses, assets, and debts.

Child Support
Money paid by one ex-spouse to another toward their child’s expenses.

Common Law Marriage
A marriage without a license or ceremony in which the couple cohabitated for a minimum number of years (varies from state to state).

Default
Failure to do something (such as make a payment) on time.

Discovery
The legal procedures used to gather all the facts necessary to settle a case or to prepare the case for trial.

Dissolution of Marriage (Divorce)
The legal separation of a married couple so that each one may be free to marry again.

Equitable Distribution
A fair division of the assets acquired during your marriage.

Inventory and Appraisement
A list of jointly-owned property along with the current value of each one.

Joint Legal Custody
An agreement in which a divorced couple share the rights and responsibilities of making major decisions about their child’s life.

Joint Physical Custody
The shared right to have a child live with one or the other parent at different times of the week or year.

Judgement of Divorce
A legal document following a settlement or trial that grants a divorce and states the court’s decisions with regard to alimony, support, custody, visitation rights, and equitable distribution.

Maintenance
Alimony or child support payments

Marital Settlement Agreement
An out-of-court agreement that resolves all issues surrounding a divorce.

Mediation
A process by which a dispute is resolved and an agreement between two parties is reached with the assistance of a disinterested third party known as a mediator.

Non-Marital Property
Property that belongs exclusively to either the husband or the wife and, as such, cannot be divided between the two.

No-Fault Divorce
A divorce granted with the mutual agreement of two spouses, or when one spouse has left the marriage for a certain period of time (varies by state).

Rehabilitative Alimony
Alimony that helps the ex-spouse to become self-reliant.

Separation
The absence of one spouse from the household before a divorce.

Separation Agreement
A temporary agreement with regard to support, child custody and property for the period between the onset of separation and the granting of a divorce.

Spouse
A husband or wife

Support
Payment due to one spouse from the other regarding housing, food, clothing, and other expenses.

Transfer
To switch legal ownership from one person to another.

Verification Statement
An oath declaring that the information stated in a document is true.

Visitation
The right for a non-custodial parent to visit his or her child.

About the author:
Nathan Dawson writes for http://www.lifeaftermarriage.com a great online source for finance information.
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