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divorce process

Top 10 Divorce Questions a Family Lawyer Can Answer

Going through a divorce is hard. And it's even harder to go through it alone without any legal help. There are many reasons why you'll want to hire an experienced family law attorney to help you with your divorce. One of them is an attorney's ability to accurately answer any and all questions you'll have about the divorce process generally, and your divorce specifically. Here are the top 10 divorce questions to ask a family lawyer: 10. How Long Will My Divorce Take? Although it occupies the 10 spot, this question may be one of the most important you have. Every divorce case is different, but you need to know what to expect and that your attorney has a good sense of how your case will go. A good family attorney should be able to provide a timeline of your divorce from initial filings to completion. This will also give your attorney a chance to give you a step-by-step overview of the divorce process in your state, as well as cue you into any deadlines or waiting periods. 9. What Is Your Experience With Divorce Cases? As part of demonstrating his or her familiarity with the process, your attorney should give you a rundown of their resume. Family lawyers might be experienced in various types of family disputes, without having many divorces under their belts. You should ask your attorney how many divorce cases he or she has handled, or what percentage of the firm's time is devoted to divorces. This gives your attorney a chance to discuss his or her legal experience -- hopefully in a way that inspires confidence. 8. What Can I Reasonably Expect From My Divorce? This is a broad question, but along with the timeline, you need to ask your attorney, if you hire him or her, what you can reasonably expect out of litigating or mediating your divorce. Your attorney should be able to paint you a range of likely outcomes based on your case, giving you a good basis for what to expect. 7. What Documents Will I Need for My Divorce? Depending on your shared assets and debts, you might need to provide quite a bit of documentation to back up your divorce filings. You may need to bring everything from pay stubs and tax returns to prenups and birth certificates to a consultation with a divorce attorney. And a good lawyer will be able to tell you how best to prepare for a divorce. So know what you'll need before you start you divorce. 6. How Will the Divorce Affect My Business? If you're an entrepreneur or small business owner, your first question might be how to protect your business assets during a divorce. Ask your attorney about which legal structure can best insulate your business from divorce proceedings and whether placing your business in a living trust could help protect it, and its assets, from your spouse. An attorney can also help you create an enforceable postnuptial agreement regarding the business (if you don't already have a prenup) and advise you on the effect of community property laws on small businesses. 5. How Will Our Property Be Separated? Who gets what in a divorce can become a major battle, and you'll want to know where you stand before the first shots are fired. But if not, you may need to divide everything from the furniture to the financial assets. There are two main factors to deciding property issues: (1) whether you live in a community property state or not, and (2) whether the property is separate or marital property. Your attorney should be able to tell you which marital property laws apply, and how those laws will apply in your case. 4. How Will Custody and Visitation Be Determined? More important than sorting out the kitchenware is sorting out the kids. ...
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Top 10 Tips for Successful Co-Parenting

A divorce or separation can be tough on kids, but a good co-parenting plan can help you and your children maintain a sense of normalcy. That's probably one reason why actress Gwyneth Paltrow and her husband, singer Chris Martin, announced they plan to "consciously uncouple and co-parent" as they work through their separation, Reuters reports. If you're also considering a co-parenting arrangement, here are 10 tips to make it work for everyone: Always put your children first. No matter how ugly or costly your divorce or separation proceedings get, always make your children's best interests the top priority. Get a court order. Although it's not required, parenting plans can become "official" with a court order. Depending on your state's laws, violating a legally enforceable parenting plan can result in criminal and/or civil penalties. Live near the other parent. While not always feasible, it may be best for a child if the parents live relatively close to each other so that the child can have regular visits with both parents. Respect each other's parenting style. Parents should accept that the other's parenting style will differ, but that doesn't mean it's wrong. So respect and honor the other person's parenting techniques unless it's clearly endangering your child. Communicate. Communicating openly and frequently with the other parent helps both of you stay on top of what's going on in your child's life. Plus, it'll help avoid misunderstandings that could result in a larger conflict. Create smooth transitions between households. On the days when your kids are spending time at the other parent's home, it may be best to drop them off rather than have the other parent pick them up. Experts say this can help reduce a child's feeling that he's being "taken away" from the other parent. Be involved in your child's activities. Another tip for successful co-parenting is to make sure both parents are involved in the child's activities. Even if you can't stand the other parent, try to maintain civility when attending your kid's school and extracurricular activities. Establish a shared document that both parents can access. Developing a shared account, like a Google Doc or other cloud-based document, that both parents can access can help you quickly share information about your children. This can work for emergency contact numbers and extracurricular schedules, for example. Be flexible. Even if you have a co-parenting court order in place, cut the other parent some slack if an unexpected change occurs and he or she has to change your agreed-upon schedule. (If the other parent routinely does this, however, then it may be time to modify your co-parenting plan.) Hire an attorney. Consulting an experienced family law attorney in your area can be helpful for figuring out and drafting a co-parenting plan, especially if issues like child support or custody are involved. While it may be tough to be around your ex, a successful co-parenting plan will set the ground rules and can help your kids better deal with your divorce or separation. Related Resources: Co-Parenting After Divorce (Psychology Today) Gwyneth Paltrow, Chris Martin Separate: Will Co-Parenting Work? (FindLaw's Celebrity Justice) Hi-Tech Help for Co-Parenting After Divorce (FindLaw's KnowledgeBase) Moving & Child Custody: 3 Important Questions (FindLaw's Law and Daily Life)
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