Wednesday, September 16, 2009

Divorce Attorneys

During my 21 years of being a divorce attorney, i have noticed three types of divorce attorneys. There is only one type that is good for you and your family. The first one would be somebody who is lazy and just not a good attorney. This type of attorney will harm you by not protecting your rights or failing to obtain a result via agreement or trial that will benefit you. The second is a smart attorney, but this type is just interested in proving to you that he or she can "win" no matter the financial or emotional devastation to you or your family. This type of attorney thinks they are "winning" something by getting something your spouse wanted in written form (agreement or court order) although nobody won anything due to the emotional and financial devastation to your family. There are no "winners" in a divorce. You need to avoid the first two types of attorneys at all costs. Talk to your friends and family with thier experiences with divorce attorneys. The third type of attorney is smart, competent, enjoys his or her job, and understands there are no "winners" in a divorce, and if two spouses are halfway reasonable, your case should be settled, and a trial should be a definite option to obtain your reasonable goals, but only an option of last resort. Be Careful, as you only have one chance to do your divorce right. Doing it wrong will affect you for a lifetime, and possibly your children.

Friday, September 4, 2009

"Fall Back" Bank Account

You must have a "fall back" bank account if you recieve child support and alimony as there is no guarantee that you will receive your support every week or month on a timely and full basis. Even with an income deduction order, your former spouse can quit their job or if they pay you without an income deduction order, they can stop paying you at anytime (even though your court order states otherwise). Once your former spouse stops paying you, you will have to pay an attorney (or seek the help of the Department of Revenue) to pursue contempt remedies (jail) against your former spouse. Due to the financial shortfall of funds for Judges, it can take several months to process your contempt claim and if your former spouse does not have any assets, the Judge cannot throw the him or her it jail. If no jail, there is not any incentive for your former spouse to pay you. If you former spouse has assets though, the Judge should send him or her to jail, order immediate payment of all past due support, and order reimbursement of your attorney fees and costs. Your former spouse can get out of jail by paying what Judge ordered him or her to do. You must have money set aside to support yourself and family. So, set aside a "Fall Back" bank account and hope you never have to access it. A skilled attorney can present valid reasons to a Judge to not jail your former spouse. If you former spouse is not thrown in jail, it may empower him or her to not pay you in the future. Be safe rather than sorry.