Property Division, Real-Estate, & Washington Divorce Law

All property division pursuant to a divorce in Washington state starts from the simple premise that all assets accumulated during the marriage will be presumed to be “community property” and split 50/50. But in practice the 50/50 split often does not end up being the result because of such legally cognizable factors as: the earning power of the parties upon termination of the marriage is highly unequal, one party made the entire down-payment, the property came by inheritance, and quite a few others. Often time this arises in shorter marriages where the parties have acquired a piece of real-estate. So how does one answer this question?

The mortgage rule is a legal tool used to characterize property acquired, using both community and separate funds, over a period of time. Harry M. Cross, The Community Property Law in Washington, 61 WASH. L. REV. 13, 39-49 (rev. 1985). The mortgage rule examines whether both parties concerned were obligated to make payments in order to retain ownership of the disputed asset. If there was no such continuing obligation, then the character of the asset is retrospectively determined to be proportionate to the ratio of separate and/or community funds used to acquire the asset. Absent a continuing obligation, the character of the property is retrospectively determined to be proportionate to the ratio of separate and or community funds used to acquire the property It is precisely this mortgage indebtedness that itself constitutes a contribution to effect the final determination of what proportionate share either party should be entitled to. If the other spouse signs the promissory note they become liable to the bank and later third parties for repayment. Even if that party had low income and no assets to secure the loan it is still a contribution. If separate funds are used to make a contribution and are traceable a lien for the down-payment amount could be found but only to that extent of that separate contribution to the down payment. However, In Re Hurd changes this slightly in that the separate character of a cash down payment can be transformed into community property by titling the home in both parties names. (Thus we see some significance in whose name an item of property actually stands.)

This includes such assets as the appreciation of retirement plans that were purchased before the marriage. The value of such an asset must be analyzed to determine what portion grew or accumulated during the marriage and the value prior to the marriage.

Washington state divorce law purposefully vests a substantial degree of leeway to the Judges hearing your case (and I say Judges because the Commissioners only deal with pre-trial issues, modifications, and contempt; they can’t divide the equity in your home or business). Carefully planning from the start of your case is necessary to develop the evidence needed in property characterization. It also gives the attorney time to become familiar with what both parties real financial futures might look like upon final dissolution of the partnership. This is especially important where one is not dealing with a trivial amount of assets, or if you feel your spouse has a significantly higher earning potential.

Division of real estate under Washington state divorce law can also be made not in accordance with whose name is on the title to the property. Whose name the property is titled in, does not settle the matter conclusively but may be considered by the judge among other factors as possible indicia that the parties wished to make it separate.

Why is a Divorce Attorney in Los Angeles necessary for a divorce to be successful

Marriage indeed binds a man and a woman in a marital union thus to be together for the rest of their life. However, if the love that bonded the two has faded and certain circumstances have dulled the relationship to a point that it is no longer possible to live together. At this point, divorce is the legal solution to resolve this problem hence, dissolving bonds of matrimony of a man and a woman. Because this separation may need to go through a legal process and may involve matters of spousal support, child custody, child support as well as distribution of property and debt, the need for a Divorce Attorney in Los Angeles to properly represent a party in court.

In finding the right Divorce Attorney in Los Angeles, there are factors that you must consider:

You need to interview at least two or three Divorce Attorney in Los Angeles that may handle your case. Whoever answers your inquiries in the most satisfactory way, then that can be a basis for your decision.

You need to make sure that the Divorce Attorney in Los Angeles you will be hiring is transparent in terms of his intentions as well as about the fees that will be charged for the services rendered. If such lawyer could not give you direct answer, he/she may not be the right representative for you.

Though you can now scout for a Divorce Attorney in Los Angeles over the internet, it is still a wise move to personally visit the firms physical address and see how they really work. With this you can see check their professionalism. Also having a lawyer that is a good listener of your concerns may be able to provide you with an effective service

Lastly, you need to make sure that you check the portfolio of the Divorce Attorney in Los Angeles thus making sure how experienced he is in handling such case. To add to that, it has been discouraged to hire friends or relatives to represent you unless they are really qualified enough to professionally represent you.

Once you have chosen your Divorce Attorney in Los Angeles, you will meet and discuss all related matters that have significance in the case. Once this has been done, the important document s that is required for the filing of the divorce at the court of law will be gathered. From there, the probability of winning a decision will be assessed as well as the validity for the grounds of filing a divorce is also being determined. By the time all necessary preparations are done, the next step will be the divorce trial where both parties will be cross-examined as witnesses by the opposing partys representative. After the cross-examination, the close arguments will be given. At that point, the verdict will be rendered by the judge and an order will be signed. Hence, having a good representative will ensure that your rights will be protected in this divorce case.

Whenever there is a need to file a divorce, you need the representation of a Divorce Attorney in Los Angeles. Also, properly screening a prospected divorce lawyer will ensure that all divorce issues will be addressed legally.

California State Divorce How to Start Yours

California state divorce laws are not that difficult to understand if you have good information. With the right advice, instructions, and explanations, you can get your own divorce started without hiring an attorney, and save a lot of money on legal fees.

This article will provide an overview of California state divorce laws in the context of how you can start your own divorce. You will learn what California law says about the roles of the Petitioner and the Respondent and implications of each role in the divorce.

The Petitioner and the Respondent. According to California Family Law Code Section 2330, every California state divorce starts with a Petition. The legal term for divorce in the code is “dissolution of marriage”.

The Petitioner is the person who first files papers and gets the case started. The Respondent is the other party. A Response need not be filed, but it is a good idea, otherwise the inactive person has little say about when or how the divorce is completed, unless there is already a written agreement. In order to become officially involved in the divorce, the Respondent will need to fill out and file California Family Law Form FL-120 (the Response).

In general, the more both parties participate, the better. After a Response is filed, the divorce can be completed only by written agreement or court trial. Agreement is better.

Equality. Once a Response is filed, the Respondent has equal standing and there is no legal difference between the parties or their rights, and either party can take any available legal step.

The Petition. So if you are the one who will start your divorce, you will be the Petitioner, and you will need to fill out California Family Law Forms FL-100 (the Petition) and FL-110 (the Summons) and file them with the Clerk at the appropriate courthouse. According to California state divorce law (as described in Family Law Code Section 2331), you will then need to serve your divorce papers on your spouse.

The only thing you need to know before you do this is that you want a divorce. The issues can all be sorted out and resolved later. However, it would be smart to learn the basics about California state divorce law before you start.

Advantages to serving the Petition:
Starts the clock ticking on waiting periods. California state divorce law states that the Respondent has 30 days to respond.
Causes automatic restraining orders to take effect, as per the instructions on the back of Family Law Form FL-110 (the Summons).
Has psychological value for Petitioner and tells Respondent a divorce is really going to happen.
Helps establish the date of separation. According to California state divorce law, the date of separation is whenever you can prove that one spouse intended to make a complete, final break (not just a temporary separation), with simultaneous conduct furthering that intent.

Possible downside. Serving papers can upset your spouse and stir up conflict if you dont properly prepare him or her ahead of time.

Getting a smooth start. Unless your soon-to-be Ex is an abuser/controller, you will probably want to start things off as nicely as possible. An abrupt start will probably increase conflict as an upset spouse is more likely to run to an attorney who will probably make your case more complicated.

So take some time to prepare your Ex and let him/her get used to the idea that a divorce is about to start. If you arent comfortable discussing things in person, write a nice letter. Let your spouse know you are committed to working out a settlement that you can both agree to and live with. Unless you are under time pressure, dont serve your Summons and Petition until your partner seems ready to receive the papers calmly.

The Response. A Response should be filed within 30 days of receiving the Summons and Petition, but can be filed any time before Petitioner declares the Respondents default.

Filing a Response is not an aggressive act. In fact, it is usually a good idea for the Respondent to take part in the action, especially if you have kids or property or debts to be divided. It is easy to do.

The only disadvantages are Respondents filing fee of about $320 for a California divorce, and the possibility that you might have to file a questionnaire about your case in order to avoid a case conference hearing.

There are numerous advantages to filing a Response. If theres no Response, Respondent has little control over when and how the divorce is completed, so the Respondent feels insecure. By filing, Respondent joins the case on an equal standing with Petitioner, so Respondent feels more a part of the process, more in the loop, more confident. Experience and studies show that the more Respondent participates, and understands the California state divorce process, the better the outcome is likely to be.

Child Support in New York

Any couple that goes through a divorce has to deal with many issues, but those that have children usually go through even more acrimony when dealing with custody and support for their children. Child support is financial support provided by the noncustodial parent. Child support includes, cash payments (based on the parent’s income and the needs of the child), health insurance for the child, payments for child care, and payments for reasonable health care costs that are not covered by health insurance. Family Court determines the amount of child support the noncustodial parent will pay. Under New York State law, parents are responsible for supporting their child until the child is 21 years old.

There are guidelines in which the court uses to determine the amount of child support that is owed to the custodial parent, based on the noncustodial parent’s adjusted gross income and on the number of children involved. The court first determines the noncustodial parent’s gross income. The court then multiplies the adjusted gross income by the standard guideline percentage for the number of children. These percentages are as follows:
17% for one child
25% for two children
29% for three children
31% for four children
at least 35% for five or more children.
Then the noncustodial parent’s share of child care, medical, and educational expenses is added to the income percentage amount. The combined amount, percentage of income plus share of expenses, is the basic child support amount.

For incomes over $130,000, the court determines whether or not to use the percentage guidelines and may consider other factors in setting the full child support payment.

The main problem that many noncustodial parents have an issue with is that many fill out long and tedious expense forms and when it comes time to determine the monthly the courts do not take into consideration the expenses of the noncustodial parent. If you cannot pay your child support you can file a “petition for modification” with the court that issued the support order. Only the court can change what you owe. Just because you think you cannot pay, do not stop paying. Continue to pay what you can while you wait for the court to make a decision. You should know that the court will only change the amount of support you need to pay if there has been a substantial change in your ability to pay.

Dealing with child support and child custody it can be very emotional, remember that in the end you want what is best for your children.

New York Centre For Divorce

The New York centre for divorce and mediation offers a range of services about family relationships. Each of it plays a vital role giving more space to lead a complete happy family. Their service includes couples therapy, divorce and recovery, psychotherapy, psychoanalysis, collaborative divorce and mediation services. These services range with experienced professionals from the centre of divorce and recovery and the professional divorce and mediators in New York.

The peaceful forms of life are seen with the help of NYC divorce. It brings the complete solution to family relationships, thy helps to overcome the stress, strain and pain passing these days. Their situations are mastered by professionals with thorough analysis and starting with counseling. To get the solution for the problems, counseling in New York centre helps the couples to decide their commitments and responsibilities.

Individuals passing through a complex stage of life with destructive behavioral patterns, imbalance state in work and relationship with repeated failures are guided with the expert therapists in New York City. They can overcome such conditions with two experts and should have a consultation with psychoanalytic psychotherapists.

NYC therapists, psychoanalysts and psychotherapists play the key role with analyzing the persons strange conditions and problems under certain sessions according to their impact. Psychoanalysts connect the person with three to four sessions or sometimes five sessions a week, thoroughly analyzing their background and feelings. While connecting often helps the person to express out freely and could come out of their problem shell. Psychoanalysis is more helpful to fight the persons negative feelings and emotions. The sessions are proceeded with psychoanalytic psychotherapists consultation, where it helps the individual to express out and know their right way of life.

Marriage counseling in NYC helps the person to know oneself. It is very much important as it helps to avoid negative marriage complications like divorce or misunderstandings. With couples getting started with marriage counseling will have a very good understanding to life on a broad spectrum. Added to it, they are able to gain the best relationship with better understanding and good level of adjustments. Adjustment and patience is widely necessary, which they are advised to master in every phase of life.

NYC psychotherapy is the different approach to the people is the first step of consultation with the psychotherapists. After a consultation the patient is proceeded with further reference where they should offer all the necessary details including the insurance coverage. Soon, they are guided to solution on a unique way.

Florida Divorce Mediators – Tips to Select the Best Online Divorce Mediator

The present lifestyle for every person has been changed and every day they are suffering with some hectic and busy schedules. In these situations, most of the people are unable spend life with their beloved life partner. So, it has been observed that so many couples are obtaining a divorce, and they want live individual. One thing we need to remember that taking divorce is one of the most painful experiences and most of the people are not interested to take divorces. According to one survey report, millions of people in America are interested to take divorces and there are so many cases are coming here in courts. Especially, for those people who are having minor children, taking divorce is really hectic for them. For this instance, most of the people are interested obtain the services from the well established and experienced divorce mediator agencies to get some essential help.

However, most of the spouses who are seeking divorce often have an attorney long before the other spouse is even aware there will be a divorce. In that painful situation, most of the people are not able to obtain the services the lawyer and sometimes, they are not able to find best lawyer for their needs. Finding the best lawyer for our needs is a really hectic and in that situation, it is one of the added stresses to everyone. With the advent of the internet technology, we are able to get so many services from our comfortable home. Most of the time finding attorney is not a hard thing. You need to consider so many things before you are selecting a lawyer to obtain the services. You need to take the right decision and also one thing you need to know that your future will depend upon this decision. In these days, you can find so many attorneys who are having plenty of experiences in divorce law. There are so many web sites are offering these services to their valuable clients.

And also it is a better idea to know someone who has been divorced and this type of referral can be the bets kind. And also you need to obtain some best attorney capabilities. Most of the web sites are offering these services depending upon your requirements. In these technology days, most of the people are interested obtain these services through online. Finally, there are some well established and experienced web sites are offering these services to their clients. These divorces mediation firms are having some experts to begin the process by filling out the paper work, depending upon the laws of your jurisdiction, after that you can submit all the required paper to the court. For more information and details, please visit their valuable web site.

An Atlanta uncontested divorce is possible

Residents in the Atlanta area who are seeking or considering divorce may wish to consult with an Atlanta divorce lawyer. Often times, divorce can be a complicated issue and even an amicable divorce may quickly develop into a quagmire as both spouses seek to come to an agreement. However, with the assistance of an attorney, it may be possible to turn the tables and secure a favorable result.

Types of Divorce

Broadly speaking, there are two different kinds of divorce: no-fault divorce and at-fault divorce. In a no-fault divorce, there is no allegation or proof needed of fault on behalf of either party. However, specific rules apply to no-fault divorces, and a period of separation may well be required before seeking the divorce.

On the other hand, an at-fault divorce is where one party committed some act that is incompatible with marriage. The most common example is that of adultery, although grounds for an at-fault divorce may exist under any number of circumstances. To determine if it is possible to seek an at-fault divorce, a divorce lawyer in Atlanta can often help with assessing your legal options.

Uncontested Divorce

In many cases, the divorce may be the result of a mutual agreement between the spouses to dissolve the marriage. This is called an uncontested divorce, and it is often more cost effective and less stressful to go through than a confrontational divorce.

Typically, spouses are already in broad agreement about the terms of the divorce before consulting with an Atlanta divorce lawyer. An Atlanta uncontested divorce may thus be the best way to go, allowing the spouses to settle any remaining issues amicably as well as reducing any preexisting agreements to paper. If no dispute exists as to issues such as property division, child custody or spousal support, court involvement need only be minimal.

In Atlanta uncontested divorces, it is strongly advised to retain the assistance of an Atlanta divorce lawyer even the filing of an uncontested divorce may seem simple. In filing for a divorce and in writing the divorce agreement, it is important that any ambiguities be resolved before both spouses sign the applicable papers. Otherwise, they may have to return to court again in the future. Working with a divorce lawyer in Atlanta may thus be more cost effective in the long term.

Contact a lawyer today

If you are considering or seeking a divorce, it is often helpful to consult with an attorney from an Atlanta Divorce Law Firm to learn your rights and obligations. Moreover, the divorce process can often be complicated, and the judicial system has a language all its own that may seem confusing if not intimidating to those not well-versed in it. By working with an experienced attorney who has deep and extensive knowledge of divorce law, it may thus be possible to successfully navigate the court system with an aim toward securing a fair result. Moreover, in an uncontested divorce, a lawyer can help with ensuring that the resulting agreement is air-tight and will not cause legal troubles down the road.

How to Come Out Of Your Divorce With the Best Overall Outcome

The proceedings can be a very difficult time in the lives of individuals that are going through it. Whether you are a man or woman, there many things that need to be taken into account as you are looking at all of the different things that you need to take into consideration. Divorce is never a fun time for anyone, and you need to make sure that you are properly handling the entire ordeal to the best of your ability. There are many things that need to be taken into consideration in order to help you to come out of the situation with a positive outcome, hopefully for both individuals, although there may be some conflicting interests that keep this from happening. A do other things that you can do in order to influence a positive outcome from your divorce proceedings include;

Lawyers For Legal Representation

The first thing that you need to do if you are going through a divorce, is to find lawyers that are going to be able to help you with your legal representation. There many things that need to be taken into account throughout the ordeal, and lawyers that are specially trained in this field, and knows how to handle a variety of situations that normally would be problematic for individuals to handle on their own. There are many things that you need to take into consideration when searching for a Dallas divorce lawyer, which is also encompassed by Dallas Business Lawyer firms as well. You need to make sure that your lawyers know what your goals are in the divorce, what you would like to keep, and what you are willing to part with if there is a settlement. The last thing that you want is for this to go to court, so reaching a settlement can definitely be something that will be in your best interests in the long run.

Compromise

Any divorce proceeding is going to require a little bit of compromise on your end. You need to make sure that you are not being greedy, and are willing to part with the possessions that are rightfully your spouses. Although the laws say that each divorce should be around 50-50 in terms of assets being split, you also need to take into consideration what was yours prior to the marriage, and what was theirs prior to it. Some marriages start with a prenuptial agreement as far as who keeps what assets in the likelihood of a divorce, and what assets are going to be off-limits to each individual. Some prenuptial agreements will have clauses in there that state if infidelity is a part of the divorce, that there are going to be a number of different things that they need to look at.

It it is important that you go into every divorce proceeding with a good idea what you are looking to get out of it, as well as what you are willing to part with. By being able to compromise, and having the appropriate legal representation, you are my going to have a much higher likelihood that you come out of it with a positive outcome.

Dallas Child Support Attorneys

Divorce in Texas – taking care of the kids.

Divorce is never easy. It is an admission on one or both spouse’s parts that they did not manage to sustain a marital relationship. Often there is a lot of bitterness with one or both parties invoking blame and retribution on the other. This is particularly exacerbated where there are children involved. It is important for one’s interests to be represented by a skilled attorney well versed in Texas family law in divorce cases where there are minor children.

The whole area of family law to do with Child support, custody, visitation rights is a major area of practice for Dallas Family Law Attorneys.

In Texas “conservatorship” is the name given to define what rights and duties the parents have after the finalization of divorce. Despite what bitterness there may exist between the spouses the interests of the children are actually paramount. Thus in the vast majority of divorce settlements there will be parental rights and duties awarded to both parties. This is known as “Joint managing conservatorship”.

The actual residence of the children is also usually awarded to one parent and usually the mother. Nevertheless the other spouse will still have visiting rights and the right to be regarded as the parent. It is only in cases where the one parent is shown to be irresponsible or impaired as a parent, such as being an abuser of alcohol, drugs or being physically violent that this is overturned.

This visitation and parenting is an area of great potential conflict. Bitterness and anger plus fear and insecurity are some of the emotions that have to be dealt with. Nevertheless it is in the children’s interest that these matters be agreed and adhered to as amicably and as fairly as possible. Family Law attorneys will all deal with issues such as this often. It is strongly advisable that their counsel be followed to help the children cope with the trauma of their parents separation.

Conservatorship is but one aspect of family law, the next of course is the financial support. It should be emphasized that support may equally be sought for a child born out of wedlock. There are many cases of mothers pursuing, and winning child support from fathers of children resulting from extra marital encounters. In these cases paternity must be shown in Texas law.

There is a set “Tariff” or rate for child support laid down in Texas law. If the party has children from one marriage that has ended child support will be determined as a percentage of their “Net resources” in other words everything they might have which has value as an income. 20% for 1 child up to 40% for 5 or more. If there are children from other relationships the calculation is more difficult.

Child support ends when the child reaches the end of secondary education or the 18th birthday whichever is the latter. In all matter of child support knowledge of both parents rights and the amount due for the care and upbringing of the children is crucial. For this reason it is advisable that a firm of Family Law attorneys be appointed to represent the client and look after their interests.

Best Tampa Divorce Lawyer – Best Divorce Attorney in Tampa

Tampa Divorce Lawyers and Divorce Attorneys- Free Guide

Today’s Question: Can you file for a divorce without a lawyer?
Divorce is an expensive, life altering experience. Hiring a lawyer is VERY expensive. While we don’t recommend it, it is possible for you to do it yourself. If you have no assets or children this may be an avenue you want to explore.

1. A good place to start is by visiting your local clerk of court website. Search by the name of your city and state and clerk of court. Their website will be able to tell you what forms need to be filed out in most instances.
2. Fill out all the paper work. Have your spouse served with the divorce papers.
3. Your Sheriff’s office will do this for a fee.
4. File the paperwork with the court
Don’t let the 4 steps fool you. This is a huge task and should be taken very seriously.

Some things to think about before you decide to file your own divorce:
-Does your spouse have a lawyer or attorney?
-Are there substantial financial assets involved?
-Are children involved?
-Are you concerned about your safety?
-Was your divorce due to some form of abuse?
-Is your Ex vindictive?
If you answered “yes” to any of these questions then it is recommended you hire an experienced attorney to ensure that your interest, if not your children’s, is protected.

If I can give you one piece of advice: You and your spouse may be on good terms right now, but please make sure you understand from a legal perspective everything you are doing and signing. Their good humor could always change in the future and you want to make sure nothing can come back to hurt you. Simply trusting your spouse or ex-spouse to do right thing can often cause you a lot of heartache.

Our free guide will help you choose the best family law attorney in Tampa, FL or anywhere else.

Make sure you get The Best Divorce Lawyer Available and avoid a traumatic and overly-expensive divorce by making an informed decision.

Get more information NOW! Go to:

This guide should not substitute for legal advice from a law professional.