The divorce attorney files a summons and complaint in the appropriate court. These are legal documents that advise the person who is being divorced that proceeding are beginning. Once the documents have been received, a response answering the claims and presenting any defenses to the claims can be issued.
A divorce action is determined after the summons, complaint and the responsive motions are filed. Both attorneys for the divorcing parties then determine if the divorce will be non-contested or contested. Non-contested divorces mean the couple agrees to the divorce. A contested divorce may involve a trial or a hearing before a judge. The divorce attorney will act for the client in both cases.
In a non-contested divorce the divorce attorney will instruct his client to gather personal and financial information. The parties will sit down and partition possessions, spousal and child support and child custody. A settlement contract is drawn up by the divorce attorney that outlines the rights and responsibilities of each party. If the parties do not agree to the settlement, the divorce becomes contested and a trial or hearing will be the result with the judge determining allocation and custody.
DISCLAIMER: This is not legal advice, and should not be construed as legal advice or relied upon as legal advice.
Neill Marangi - nmarangi@pacbell.net
Showing posts with label California Divorce Law. Show all posts
Showing posts with label California Divorce Law. Show all posts
Wednesday, October 10, 2012
Tuesday, September 4, 2012
What is Family Law
Divorce is the legal ending of a marriage and each state has different terms and requirements of how to complete a divorce. All divorce degrees require a judge to approve and review the settlement. If the parties cannot agree to a settlement, the judge will decide how property will be divided and parenting time shared. You are not legally divorced until the degree is signed by a judge and filed with the court.
Each state will decide how child support and alimony are allotted, how long you need to live in a state before divorcing, and the waiting period before the divorce can be filed. Family law works with community property and equitable distribution of that property. Community property in most states is defined as properties either physical or monetary owned equally by couples. Community property is often divided equally between the parties, but if there is property held in only one name, that property is kept by the designated spouse.
Equitable distribution claims that the assets accumulated during marriage are divided fairly, but may not be equal. The court may award each spouse only a fraction of the value of property and debts.
DISCLAIMER: This is not legal advice, and should not be construed as legal advice or relied upon as legal advice.
Neill Marangi - nmarangi@pacbell.net
Each state will decide how child support and alimony are allotted, how long you need to live in a state before divorcing, and the waiting period before the divorce can be filed. Family law works with community property and equitable distribution of that property. Community property in most states is defined as properties either physical or monetary owned equally by couples. Community property is often divided equally between the parties, but if there is property held in only one name, that property is kept by the designated spouse.
Equitable distribution claims that the assets accumulated during marriage are divided fairly, but may not be equal. The court may award each spouse only a fraction of the value of property and debts.
DISCLAIMER: This is not legal advice, and should not be construed as legal advice or relied upon as legal advice.
Neill Marangi - nmarangi@pacbell.net
Sunday, September 2, 2012
Finding a Divorce Attorney
You may spend an abundant amount of time with your attorney and he/she will have accesses to all your financial, marital and possibly private affairs. A divorce attorney generally meets with a potential client to discuss the facts of the divorce and information and details will be collected by the attorney to determine if there are grounds for divorce.
The divorce attorney should provide a summary of the procedures and give written responsibilities at the initial hiring meeting. Hiring a capable divorce attorney may involve a potential client finding out what former clients feel about a particular attorney. Can you communicate with the attorney? If you cannot relate to the attorney nor do not get timely responses to your calls and emails, this may not be the attorney that you want to hire. Be open about fees. Some divorce attorneys will do a first consultation for no charge and subsequent visits will be charged an hourly rate or at a retainer rate.
Make sure you are comfortable with your chosen attorney and believe that the divorce attorney is competent and trustworthy. If you cannot definitely answer, yes to these questions, keep searching.
DISCLAIMER: This is not legal advice, and should not be construed as legal advice or relied upon as legal advice.
Neill Marangi - nmarangi@pacbell.net
The divorce attorney should provide a summary of the procedures and give written responsibilities at the initial hiring meeting. Hiring a capable divorce attorney may involve a potential client finding out what former clients feel about a particular attorney. Can you communicate with the attorney? If you cannot relate to the attorney nor do not get timely responses to your calls and emails, this may not be the attorney that you want to hire. Be open about fees. Some divorce attorneys will do a first consultation for no charge and subsequent visits will be charged an hourly rate or at a retainer rate.
Make sure you are comfortable with your chosen attorney and believe that the divorce attorney is competent and trustworthy. If you cannot definitely answer, yes to these questions, keep searching.
DISCLAIMER: This is not legal advice, and should not be construed as legal advice or relied upon as legal advice.
Neill Marangi - nmarangi@pacbell.net
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