When an attorney says that they offer divorce services, that statement is much more broad than you may think. Filing for divorce can be a complicated process, even for people who think that they do not have much of an estate to fight over. As you talk to lawyers to try and find your perfect divorce attorney, there are a few other law fields you should ask about to make sure you are getting an attorney that can do the entire job for you.
A divorce can get extremely complicated if there are children involved. The parent with custody may want to move out of state and the other parent won't allow it, or the status of the custody agreement may be challenged by one side or the other. Unfortunately, some battling spouses use the children as leverage in a divorce and it can be up to the attorneys to step in and act for the best interests of the children.
A divorce attorney needs to be an expert on family law, and that attorney needs to understand how important timing can be. Either parent can file for custody whenever they want, but the advantage in a custody case can sometimes go to the parent who has an attorney who knows the importance of making the first move.
Divorces involving children can get messy, but divorces involving money and property can get downright personal. Each state has their own laws regarding the marriage estate of a couple, and you need an attorney who knows those laws inside and out to preserve your rights and allow to keep property that is yours.
Some of the worst divorce horror stories people hear are about estate battles, and most of those horror stories are true. That is why a good attorney is essential when you are filing divorce.
In the wake of a divorce, one or both spouses may want to amend their wills to exclude their future ex-significant other. If the husband set up a trust for his wife when they were madly in love, then he may change his mind when the divorce starts going through. When you have money wills and trust accounts that could be part of a divorce, then your attorney needs to be an expert on them to get you the results you want.
Some married couples start successful businesses together, and those businesses could become casualties of a divorce. One spouse may be part owner of a successful business, and the other spouse could be entitled to part of that business as a result of the divorce proceedings. If there is a business involved in your marriage in any way, then there needs to be an experienced attorney involved in your divorce.
A divorce lawyer is actually not a specialist, but rather a broad practitioner who is able to practice law in a variety of disciplines. If you do not have an attorney with a comprehensive understanding of all of the areas of law that are involved in a divorce, then you could stand to lose more than you had expected. When you search for your divorce attorney, be sure you find one who has all of the skills you need to get the job done right.
A guardianship is a legal arrangement that is required to see to all of the personal and business affairs of a person who is deemed unable to care for these affairs on their own. Most people associate a guardianship with a child, but the scope of who can benefit from a guardianship is not limited by age. While there are several complex elements to every guardianship arrangement, it is relatively easy to understand the basics of a guardianship relationship.
What Is A Guardian?
A guardian is someone either appointed or approved by the courts to take care of all legal aspects of a person's life such as habitation, medical care, and financial arrangements. The guardian assumes all responsibility for each decision they make on behalf of their constituent, and the guardian also assumes all penalties that may result from their decisions.
Who Needs A Guardian?
A person who utilizes a guardian is called a protected person. A protected person is anyone who is considered by the court to be unable to make important decisions on their own. Some of the reasons for requiring a guardian include the age of the protected person, their mental state, their physical condition, and their emotional health.
The Different Types Of Guardianship Arrangements
Full Guardianship - A full guardian is placed in charge of all of the protected person's legal, financial, and personal affairs. The full guardian can either be a single individual, a group, or a legal entity of some kind.
Limited Guardianship - If it is determined that the protected person only needs help with their financial affairs, then a limited guardian would be assigned to handle those types of transactions. The limited guardian can only make decisions in the areas where they have been given authority.
Temporary Guardianship - In some cases, the court may determine that a guardian is only need for a limited period. For example, when a person goes into a coma, then the courts may assign a temporary guardian if no other arrangements have been made to protect the person's interests. Once the guardianship period is over, the guardian no longer has legal authority to make decisions for the protected person.
Joint Guardianship - When it is determined that a protected person requires the assistance of more than one guardian, then joint guardianship will be assigned to two or more people.
What Is The Liability Level For A Guardian?
A guardian is not held personally responsible for actions taken by a protected person that do not involve the guardian's responsibilities. For example, a guardian would not be held responsible if their protected person broke an expensive picture window. A guardian is not required to use their own funds to care for the protected person, unless the guardian has agreed to fund the protected person in the guardianship agreement.
The guardian is required to take all reasonable steps to insure the health and safety of the protect person. The guardian is also expected to make reasonable decisions on behalf of the protected person, which means that the guardian can be found negligent for making improper decisions on behalf of the protected person.
A guardianship arrangement is a tremendous responsibility that affects the lives of many people. When making a guardianship decision, the courts require a great deal of information and work hard to make the best decision possible on behalf of the protected person.
When a couple gets divorced, it is an emotional situation for everyone involved. If there are children in the marriage, then the situation tends to become much more complicated. Unfortunately, you need to look at a divorce like you would a business transaction if you are going to protect your own interests. From property rights to child visitation, there are several elements to be aware of when you are legally discontinuing your marriage.
Some marriages head for divorce because there is a complete breakdown in the relationship that can never be repaired. Those types of divorces tend to get ugly, and expensive. If you can maintain a cordial relationship with your spouse during the proceedings, then it will help to make things easier on the both of you. It is possible that one condition or the other will cause the relationship to break down at some point, but it is important to remain as cordial as possible for as long as you can.
A divorce can look like a standard procedure on paper, but the execution of a divorce is anything but standard. If you are not careful, you could wind up paying your spouse monthly maintenance that you cannot afford. While you do try to keep your relationship with your spouse amicable during the proceedings, it is not unusual for little surprises to pop up that seem to benefit your spouse. With a good attorney on your side, you have the protection you need for your interests and your rights.
There are many different schools of thought when it comes to handling child custody and divorce matters. Some people prefer to do one before the other, while there are those who want to do both at the same time. For the sake of convenience, it is easier to do both at the same time and create all of the guidelines you will need to follow for your life after the divorce is final at once.
If you have a separation agreement or custody terms in place that your spouse is ignoring, then you need to write that information down so that you can give it to your attorney. The courts expect both sides to honor all agreements, and there can be consequences for either side if they determine that they do not need to abide by the court's decision.
Even the smoothest divorces in the state of New York can take anywhere from three to six months to finalize. Your best plan of action is to stay in contact with your attorney, do what your attorney tells you, and be prepared to wait for the final verdict.
A divorce is never something a family plans on going through, but it does happen frequently in the state of New York. You should hire an attorney to protect your rights, and be prepared to negotiate terms of the divorce that could affect you and your children for many years to come.