Archive for the ‘Lawyers – Family’ Category


Divide Assets During Divorce

Tuesday, February 26th, 2013

Divide Assets During Divorce - Lawyers - Family

Getting a divorce can be ugly and frightening.  When two people fall out of love it can be emotionally and physically draining.  The fighting, the crying, and the dividing of assets can all take a lot out of you.  To help ease the stress of such a situation, here are some tips to help you divide assets during divorce.

Divide Assets During Divorce

The first thing you should do is determine what kind of property division standard you want to use. This will give you a guideline and somewhere to start.  You can divide property based on actual monetary value, personal attachment, etc.  There are many different ways to split your material belongings.  This standard will help you out if you and your ex cannot seem to agree.

You should now list out or consider anything and everything you and your ex owned.  Remove all property that you or your spouse owned before the marriage.  Each of you should keep whatever you brought to the marriage in the first place.  These non-marital assets are not subject to division.

Once you have excluded any non-marital assets, you can prepare a list of everything that still needs to be divided.  Each party should create a list of what they want to keep or give the other based on the predetermined standard.  Exchange the lists and begin the overall negotiating process.  Draft a complete list and the final agreement once the terms have been decided.

If you and your ex cannot decide what to do you should seek professional help.  Hiring lawyers will help you out tremendously.

Additional Help

If you have more questions about dividing your assets during a divorce you should try to talk to a professional divorce lawyer so that you can get the best help possible.  The easiest, fastest way to get in contact with reliable local law businesses is to use TalkLocal. Just tell us your problem and availability and let us do all of the work.  Within minutes you will be connected to someone who should be able to help you out.

How to Change Your Name Legally

Monday, February 25th, 2013

How to Change Your Name Legally - Lawyers - Family

Your name is what defines you.  It gives you your identity.  People can have normal names, unique names, even strange names.  Whatever the name your parents gave you when you were born, you may at some point need to change it.  Whether you are getting married, you hate your name, or you just want to add something to it, you need to do so legally in order for the change to be recognized by your state. You can learn how to change your name legally below.

How to Change Your Name Legally

The first thing you need to do when changing your name is make sure you are 100% sure that you like what you are changing it to.  Practice signing it. Have people call you by it. Determine that you know for sure that this is what you want.  Furthermore you should make sure that you are not taking a name that is already taken by a trademark or someone else.

You should now call your local government office, and find out what documents you need in order to change your name officially.  Generally, they will include a petition, an order granting the change, a legal backer, a notice of the petition to the public, and an affidavit of consent. You may also need to submit an affidavit of service of notification to the authorities if you are an alien, ex-convict, or an attorney.

Once you fill out these forms you should get them notarized by an authorized notary, or signed by a court clerk.  Retain copies of every form you want to submit just to make sure you can refer back to them.  Turn the forms in to the appropriate place.  Now all you have to do is wait for approval.

Once you receive approval you will need to address the public.  Put the name change in the newspaper or in a public place like a bulletin at the courthouse according to the requirements of your local govt.  Return the filled out affidavit to the court clerk and wait for the order granting the name change that should also have your new ID.  You will need to go to the DMV, social security administration, and bureau of records in the state you where born to get a new license, social security card, and birth certificate.

Additional Help

If you have more questions about changing your name legally, you should try to talk to an attorney.  The easiest fastest way to get in contact with reliable local law businesses is to use TalkLocal. Just put in your problem and availability and let us do all the work.  Within minutes you will be connected with up to three legal professionals who will be able to help you.

Modify Child Support Agreement

Saturday, February 23rd, 2013

Modify Child Support Agreement - Lawyers - Family

Child support is the obligation of one parent to periodically pay the other to cover, in part, some of financial burden of raising the child.  Child support is decided based on each individual parent’s income, usually around the time of divorce.  However, sometimes parents can get new jobs, their incomes can change, and they may need to modify their child support agreement.

Modify Child Support Agreement

1. Determine the reason why you want to change your child support.  Have you or the other parent had a change in income? Has it been a while since you established your guidelines?  Whatever the reason, make sure you know exactly why you want to reestablish the agreement.

2. Contact the person who handled your child support case and research the acceptable reasons for changing a child support agreement in your area.  Different states have different qualifications.

3. You will need proof that your income or your ex’s income has changed. You can visit the Alllaw website to use their child support calculators and determine your guidelines.  The process to changing your child support agreement can be long and tiring, but it is necessary.

4. You will need to go to your provincial court. If both parties agree to the change, you will need to go to the court where the original agreement was made.

5. Collect and fill out the appropriate forms– there are different types of child support documents. Usually the change can be made without a hearing. The process is a little more complicated if your child support order came from the Supreme Court. If you have an agreement, and both parties concur, you can change it by simply writing a new document.  If you have a court order you will need to go to court to get it changed.

Additional Help

If you have more questions about changing your child support agreement you should try to talk to a professional.  The easiest, fastest way to get in contact with reliable local law offices is to use TalkLocal. We will connect you with up to three lawyers in your area who will be able to help you out.

What Type of Lawyer Do I Need for a Will?

Wednesday, February 20th, 2013

What Type of Lawyer Do I Need for a Will? - Lawyers - Family

Writing your own will is a depressing but important thing to do.  In order to ensure the well being of your loved ones you should make sure that all of your affairs are in order.  You may be asking yourself, “What type of lawyer do I need for a will?” There is a distinct person that you need to confer with in order to set up your will properly.  You should seek out the help of a professional Estates lawyer.

Responsibilities of Estates Lawyers

1)     Estate planning

2)     Wills

3)     Contests to Wills

4)     Trusts

5)     Charitable giving

An estates lawyer needs to be someone you can explicitly trust because they will be in charge of overseeing your legal affairs once you have passed on.  You should carefully vet each candidate for qualifications, personality, and ability.  Each individual needs to be comfortable with their lawyer because that is the person in charge after death.

Things to look for in an Estates Lawyer

1)     How long they have been practicing

2)     How much of their practice is devoted to estates vs other things

3)     If they are certified by the state

4)     Do they have liability/malpractice insurance

5)     Cost

6)     Do you like them

7)     Do they explain everything clearly

Additional Help

A person’s choice for their Estates lawyer is an extremely personal decision.  You should carefully consider all of your options.  If you are looking for a professional to help you with your will, use TalkLocal to be put in contact with reliable local businesses within minutes.  You don’t have to do any work, simply input your problem and availability and you will be connected with someone in just minutes.

What Questions to Ask a Lawyer Before Hiring

Tuesday, February 19th, 2013

What Questions to Ask a Lawyer Before Hiring - Lawyers - Family

Hiring a lawyer for any purpose an be intimidating. You want to be sure that you have adequate legal representation, while also feeling that your lawyer has your best interests in mind. To help ease the stress, here are some questions to ask a lawyer before hiring them.

Do you have any successful experiences in trying cases like mine?

This is a very important question. If your lawyer does not have trial experience with a case that is similar to yours, the other side will know this and will use it to their advantage.

The biggest threat your attorney poses to your opponent is their ability to take them to court. If the opposing company knows that your attorney has a poor courtroom record, they will never offer you the settlement you deserve.

What types of cases does your law firm handle?

You need to be careful, because a lawyer may tell you that they have handled personal injuries, for example, or that they will represent you for an injury case, but you need to make sure that sort of work is ALL they do. A fair amount of law firms operate as general practitioners, which means they handle every sort of issue.

Make sure to choose an attorney who specializes in the sort of case that you wish to take to court.

How long have you handled (whatever your case is)?

History is a really good indicator of experience. A lot of firms will boast about their combined years of experience. This is good, but you need to make sure you have a firm that also has an extensive, successful history handling your type of case.

How long will it take to resolve my case?

Lawyers are asked this question all the time, and it’s a great question to ask. The answer will depend on certain factors, such as how many resources your attorney is willing to dedicate to your case.

What are my responsibilities in my case?

There are few, but they are very critical if you want your case to succeed. Your attorney should make sure you know everything that you have to get done before and during your case.

A law firm should work with you, not against you. Be suspicious if your attorney gives you a long to-do list.

Additional Help

If you are still having problems finding the correct attorney, use TalkLocal to get the best help you can get quickly from local law professionals. We will connect you with up to three legal professionals in your area, so you can be sure to get the help that you need.

Can I Get A Divorce Without a Trial?

Friday, February 15th, 2013

Can I Get A Divorce Without a Trial? - Lawyers - Family

Can I Get A Divorce Without a Trial?

Going through a divorce can be a stressful experience. Since appearing in court can add to the stress of going through a divorce, many separated couples ask if they can skip the trial. The official answer is “sometimes.” The answer is a bit complicated because it depends on several different factors.

Some factors to consider when deciding whether or not you can get a divorce without a trial are:

Your state’s divorce laws. Some states have restrictions when it comes to settling a divorce out of court, so you will need to be aware of the laws in your state.

The terms of the divorce. If the divorce is uncontested than you may be able to settle out of court, again, depending on your state’s laws. If you cannot agree to the terms of the divorce, you will likely need to have it settled by trial.

Are there children involved? This makes divorce exponentially more complicated, and you will often be required to settle in court. A court will need to determine which parent the child must stay with based on financial means, living situation, etc.

Additional Help

Another trial-free option is to settle out of court, oftentimes with the supervision of a mediator. However, the best option is to consult a lawyer. A lawyer will be able to analyze your divorce situation, and they will inform you whether or not you should- or are required to- take a divorce to court. If your divorce does go to trial, you will need to hire a lawyer. TalkLocal will help connect you to a reliable lawyer in your area in just minutes!

Child Custody Legal Advice

Sunday, January 20th, 2013

Child Custody Legal Advice - Lawyers - Family

Whenever there is a divorce involving a child, especially in the case of messy relationships existing between the parents, there will be a need to seek child custody legal advice.   Child custody almost always raises emotions and creates a lot of stress, not only for the parents but also for the child as well. Many divorcing parents prefer to resolve their child custody issues out of court, but sometimes a legal mandate is needed to determine who the child will live with.

Questions to Consider

The number one thing to remember in a child custody battle is that the focus should be on the best interests of the child. For example, is it good for the child to live on and off with each parent?  Should the child have one main home and visitation with the other parent?  What does the child want?  Whatever the parents agree on is taken into consideration in court because it is usually assumed that they know their family situation better than the court.

Parents will also have to decide other issues, such as which parent will be considered the primary caretaker or “custodial parent.” They must look at who will shoulder which responsibilities for the child as well as who is more able to financially provide for the child. Making these decisions can be a long and difficult process but it is one that is necessary in order to ensure the best care for the child. If parents cannot make these decisions, they have two other options: mediation or the judgment of the court.

Using a Mediator

The courts may appoint a mediator who will attempt to facilitate the parents’ negotiations. Both the parents and child go to sessions with the mediator.  A mediator is an impartial partner in the divorce process, one who takes neither parent’s “side” as their attorney is bound to do, but rather a person whose goal is to bring both parties together for a mutually satisfactory outcome. Courts often appoint mediators because it’s hard to understand a family dynamic in short court sessions.

If mediation fails, then the family will need to take the matter to court. In that case, parents will rely on the child custody legal advice given by their respective attorneys. In court, each parent will present their case for child custody and a judge will determine what is best for the child. Each parent’s attorney will be allowed to present evidence in an attempt to sway the decision in his or her client’s favor.

Additional Help

If you have more questions about child custody legal advice you should try to talk to a professional so that you can get the best help possible. The easiest, fastest way to get in contact with reliable local law firms is to use TalkLocal. Just put in your problem and availability and let them do all the work. Within minutes you will be connected to someone who should be able to assist you.

Set Up a Corporation

Friday, January 11th, 2013

Set Up a Corporation - Lawyers - Family

While setting up a corporation may seem extremely daunting and complex, the actual process of being recognized as a corporation only takes an application to the Secretary of State with some key company facts.  If you’re looking to set up a corporation, then just follow the simple steps below.

Step 1: Create the Articles of Incorporation

You will need to check your local and state laws about the specifics to be included in the Articles of Incorporation, but they usually include basic factual information (such as name and physical address) and business statistics (like the number of shares).

Step 2: Determine the type of corporation.

There are two basic types of corporations, S and C.  C corporations are the most common and indicates that the business will be responsible for its own tax burden.  S corporations, on the other hand, leave the tax burden on the board of shareholders.

Step 3: File the application

You will need to file the Articles of Incorporation with the Secretary of State in the state that you are headquartered.  You will also need to submit a check to cover the processing fee at the time of submission (check with your Secretary of State to determine this amount).

And you’re done!  Officially and legally, you now are a corporation.  However, even if you set up this corporation without a lawyer, you’ll probably want to consult with one in the near future, so it’s recommended that you start looking for good lawyers.  One really easy way to find quality local lawyers is through TalkLocal.  TalkLocal will instantly put you in contact with highly-rated local lawyers that can help you set up your corporation and deal with any other legal issues that arise as a result.

What Questions to Ask a Lawyer about Divorce

Thursday, September 6th, 2012

What Questions to Ask a Lawyer about Divorce Lawyers - Family

Filing for divorce can be a tumultuous, tedious and stressful process.  Finding the right divorce lawyer is one of the first steps.  Then you should figure out what questions to ask a lawyer about divorce.

Hopefully you find an attorney who is experienced in family law, especially with divorces.  You should prepare questions not only about the divorce process, but also what to expect after a divorce is finalized.  Here’s a short list of some important divorce questions to explore:

– How experienced are you in divorce cases? How many cases have you handled, and of those that went to court, how many cases did you win?

– What steps are involved in the process of filing for divorce?

– What will we be charged for the divorce process?

– How long will this process take?

– How often will we be meeting up? And, will most contact be through e-mail, phone, or in-person meetings?

– Other than charges for hiring you, are there other fees I should expect?

– How do you expect the judge would rule our case?

These are only some general questions that you may want to ask to your divorce attorney.  There are many other topics and issues you may be unsure of.  Take a look at this divorce support article for additional questions to be prepared with before meeting your attorney.

Still looking for a divorce lawyer?  Try using TalkLocal, a free service that will connect you with top-quality, reputable divorce lawyers in your area within minutes.  All you need to do is enter your specific need, location and availability, and TalkLocal will contact multiple divorce attorneys, who will then call you directly, ready to help.  Save time and stress from trying to find the right, affordable lawyer on your own, and let TalkLocal do it for you!

What Questions to ask Lawyer about Wills

Monday, August 20th, 2012

What Questions to ask Lawyer about Wills Lawyers - Family

There are many estate planning lawyers out there, and you want the one who is the most qualified to represent your special case.  Make sure that the lawyer is reliable and has plenty of experience, and most importantly, he/she is someone that you feel like you can work closely with.  Read on for more information about what questions to ask lawyer about wills.

1.  If your situation is complicated, make sure that you find a lawyer who works specifically with wills and estate planning. Otherwise, if all you need is a simple will, a lawyer who has broad knowledge of many subjects such as estate planning will be able to do the job.

2.  Ask how many years of experience the attorney has in estate planning. The more experience, the more likely your lawyer will know how to deal with your specific situation. Also, ask specifically about cases similar to yours.

3.  Make sure the lawyer gives you a list of documents that he/she will need to see in order to evaluate your situation. Your lawyer will not be able to make a good decision otherwise.

4.  Does your lawyer foresee any problems that might occur in your case? By asking your lawyer to make an evaluation now, you’re preparing yourself as well for any situations that might appear, and the documents needed to possibly solve the issue.

5.  Ask your lawyer for an estimate for the length of time needed for this issue to be solved.

6.  Determine if your lawyer’s fee is a flat rate or by the hour. Most lawyers will offer a flat fee, but ask just in case to avoid any hidden fees.

7.  Your lawyer may pass on the case to another lawyer in the firm. Ask if this is the case, and if you could meet the other lawyer or staff as well.

These are basic questions to ask your lawyer about wills in almost every case, but as your lawyer learns more about your situation, expect to have more questions.  Remember that having a lawyer that you feel comfortable working with is the most important qualification, and that connection doesn’t exist with every lawyer.  Use TalkLocal for free to find the highest rated and most qualified attorneys in your area.