What to discuss with your separation attorney?
I believe that while it is important to be able to laugh at ourselves, and I often do, the legal fraternity is and should be a noble and honorable calling to serve. Nelson Mandela, Gandhi and Abraham Lincoln all had at least one thing in common.
It is a well-known fact that divorce is a very complicated process involving the separation of two parties and the separation also of their belongings. It is also a well-known fact that this process is dealt with in court alongside the presence of judges and family attorneys. In shorter words, it is a legal process.
Hiring the right family law attorney presents numerous advantages during this stressful process. Not only will an attorney (UT attorney Casey Hoyer) fight for you in the court and make sure that the system will work in your favor but he will also look out for you and make sure that you are guided throughout the whole process and that you are taken care of. However, having a divorce for the first time can seem overwhelming at times and it may be difficult to find the right things to discuss with your separation lawyer. Here are a few things that are essential for your attorney to know in order to move your case forward and in your favor.
One heated discussion that will take place in the courtroom is the just appropriation of marital property. Marital property refers to any property the couple acquired during the span of their failed marriage. It can include home, cars, jewelry, furs, household furnishings and furniture.
The property laws can be confusing and can overwhelm the calmest individual. It is vital to discuss these matters with your family law attorney in order to move things forward in a careful and smooth manner. It is best to prepare a list of all marital property, when it was acquired and whose name appears on the title or deed.
2. Child Custody
This issue results in more damage to the failed relationship than the reason why couples separate. There are a number of types of custody a guardian may be rewarded with after the trial proceeds. These are legal custody, shared or joint custody, primary custody and physical custody among many others depending on what state you are in. It is essential to have your family law attorney educate you on this matter and research on these as well. It is very important to determine which type of custody you seek to achieve at the beginning of your divorce and let your family law attorney know this so that he can properly advocate your position as the trial runs.
A marriage and a shared life come with its respective documents. It is important to have all these documents with you when you meet your attorney. Bring all deeds, titles, prenuptial and post-nuptial agreements, wills, trusts, powers of attorney, financial statements, mortgage statements and any documentation related to your shared life together. These will paint a picture of how many properties are being shared and how much they are valued.
The best lawyer will be of no use if he/she solely rely on the information you provide through verbal means. Documentation is like ammunition for your attorney and will ultimately lead you to a good position at the beginning and at a better position in the end.
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I grew up in a small farming community in Oregon where neighbors knew and genuinely cared for each other and core values like honesty, integrity and hard work mattered.
Jan 14, 2018