GPS Used by Divorce Lawyers

Sunday, June 14th, 2009

Private detectives and U.S. divorce lawyers have a useful tool used to catch cheating spouses – it’s the GPS (global position system). The cost of cheaper models of GPS these days is less than $1,000. And one of the big advantages of having one is concealing the device in any hiding place, such as a glove compartment of a car, and then tracking the whereabouts of a spouse.

The good news is that you can do this legally. According to a private investigator, Paul Ciolino, “You can sit outside the house for days and nothing can happen. And it gets expensive when you hire someone out there 14 hours a day for $120 an hour and then nothing happens. However, when the GPS says that the car is going to a certain location at 2pm every Thursday, now, you can take a look.”

Last year, results from a survey of divorce lawyers revealed that 88% of them use electronically-obtained information more often than others. Records of computer use, toll-pass data, and GPS are the most common ones. A divorce lawyer, Enrico Mirabelli, also began to use GPS tracking almost a year ago. He says that GPS is more detailed than electronic toll-pass information.

Tags: Divorce, Enrico Mirabelli, GPS, lawyer, lawyers, Paul Ciolino, private detectives
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Functions of a Family Lawyer

Saturday, May 23rd, 2009

There are periods in marriages when the husband and wife disagree. And when such disagreements repeatedly occur and escalation of divisive tendencies comes out, these may lead to divorce. When this happens, the couple needs the help of a lawyer specializing in family law.

Family lawyers do not only handle divorce settlements, they also deal with jointly-held possessions (a home for example). If the divorced couple has children, the family lawyer will also push for custody. Typically, lawyers would recommend joint custody where each parent can enjoy time with the children.

Other family law cases may also be handled by these lawyers such as:

· Grandparents’ rights – sometimes, bad feelings between a spouse and the in-laws could sprout. In this scenario, grandparents could approach a family lawyer and seek their rights.

· Domestic violence – unfortunately, citing domestic violence as a reason for divorce is very common. The family lawyer may deal with a lot of personal issues in this situation.

· Request for asylum – there are cases where the lawyer should prove that a certain family would face grave danger if deported back to their home country. The lawyer may look for medical, religious, or political reasons why the family needs to get asylum.

· Request for adoption – this can also fall under family law. Lawyers typically get permission from couples to adopt children.

Tags: adoption, asylum, custody, Divorce, domestic violence, family law, family lawyers, grandparents rights, lawyer
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Where and How should Divorce be Filed?

Tuesday, May 19th, 2009

The legal process of divorce begins by filing a petition or complaint with the court. To file this case, you should take your documents to the proper family court. Most states require that either you or your spouse live in a particular state for a period of time before they allow divorce filing.

State laws vary but typically, you may file for divorce in the county where you or your spouse lives, or where you lived at the time before your separation. The petition or complaint is the main document that you’ll need to file for a divorce. For complaints, the “plaintiff” is the spouse submitting the complaint and “defendant” refers to the other party. While for petitions, the spouse filing divorce is called the “petitioner” while the other spouse is called the “respondent.”

You need to give notice to your spouse that you have filed for divorce. The preferred method is handing the petition or complaint personally to the other party. However, other forms of notice such as publications, for example, may also be acceptable.

It’s possible to file a divorce without a lawyer, however, it’s best to consult with a divorce lawyer to help you in filing the paperwork and explain the appropriate filing process in your state.

Tags: complaint, defendant, Divorce, Divorce Lawyer, lawyer, petition, petitioner, plaintiff, respondent
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Happy Divorce: Is it Possible?

Sunday, May 17th, 2009

You’ve heard of a happy marriage, but do you think it’s possible to have a happy divorce? The answer is yes, according to a huge number of lawyers. There’s such thing as “collaborative divorce,” which typically brings cooperation and civility to a bitter battle.

Instead of sparring in court, attorneys of both parties will agree to work towards an amicable divorce wherein both sides will be happy. Along the way, they can receive guidance from a financial adviser and neutral mental-health professional.

They say collaborative divorce is cheaper, less divisive, and faster than traditional divorce. Also, it’s more private since the parties will not step inside a courtroom unless the final paperwork was already filled.

An Orlando attorney, Richard West, said “It’s better for clients and for their families too.” Husbands and wives will have their own lawyers who are there only to give legal advice and meetings are presided by a mental health professional that should be neutral and not take any side. This counselor will also steer the discussion towards a productive direction to minimize sniping.

The goal of the meeting is to help design a plan and work out what’s best for the children. Barbara Kelly, Maitland psychologist, said “From the start, you’re focusing on the children, and ex-couples who came out through it say that their communication with each other also improved.”

Tags: attorney, attorneys, collaborative divorce, counselor, Divorce, lawyers, mental-health professional, Richard West
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Wage Distribution in Divorce Proceedings

Friday, May 8th, 2009

During divorce proceedings, the court will value a person’s exceptional wage earning abilities and distribute a part of it to the spouse. This comprehensive decision was written by a Supreme Court judge in New York. He concluded that the personal good will inherent in one’s career should be considered as a marital asset and must be subject to court evaluation and subsequent distribution upon divorce.

In fact, there have been many divorce decisions that recognized this – licenses and degrees were considered as valuable property rights. But it’s clear that whether corporate executives earned licenses or degrees during their careers, their career expertise would still be subject to equitable distribution.

For example, a corporate executive (even with an undergraduate degree) earns $35,000 in a year. But because of the experience and special skills acquired during marriage, the salary increased to $350,000 a year. In this case, the courts will determine the average pay of college graduates in the area (say $85,000), deduct it to the present value sum ($350,000 less $85,000 = $265,000), multiply the years before reaching retirement (say 15 years), and then discount the result to the present value sum.

So for our example, $265,000 multiplied by 15 years is $3,975,000 in enhanced earnings. The discount amount may only be $1,800,000 depending on the discount rate employed.

Most people are truly shocked by this. Nevertheless, this type of computation is often played in divorce courts. But since this evaluation process is more of an art than an exact science, selecting an experienced divorce lawyer will surely soften the blow.

Tags: court, Divorce, Divorce Lawyer, earnings, lawyer, New York
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Why do Couples Divorce?

Tuesday, May 5th, 2009

There are many reasons why couples would want a divorce. Divorce lawyers can cite hundreds of causes out there but here are the common ones:

· Incompatibility – this is the most-cited cause. The couple did not find a common ground emotionally, intellectually, and sexually. They explain that it’s unbearable to live with someone you can’t fit with.

· Sexual problems – couples are expected to perform the act of sex because it’s an essential part of marriage, unless of course, a person accepts a sexual problem even before marriage. In some cases, disinterest or sexual dysfunction happens after tying the knot. It can be a cause for divorce if the couple will not be able to resolve it.

· Marital Infidelity – the law states that marriage should be mutually exclusive between two parties. So if evidence of infidelity is obtained, one may seek divorce.

· Abuse – this does not only mean physical abuse. It may also be in the form of sexual and emotional abuse. Alcohol, gambling and drug abuse may also be causes of divorce.

· Financial issues – most disagreements stem from money problems. If there’s no chance for a resolution, then divorce may be their way out.

· Communication problems – these may not exist before marriage, but often, expectations have not been made clear and certain issues typically magnify during marriage.

Tags: Divorce, divorce lawyers, law
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Mediation: A Better Way to Divorce?

Monday, May 4th, 2009

Even if getting a divorce is the right thing to do, it can still be a difficult process. For many couples today, they go through mediation because it’s less painful.

Typically, traditional divorce treats the spouses as enemies. Each person has a lawyer and they try to claim as much as they can for their client. A judge may make the final decisions if the couple won’t agree. But sometimes, both are not happy with the outcome.

In mediation, however, the couple will be the ones to reach an agreement. The mediator is there only to help them communicate. And since the couple makes the decision, then they’re more likely to stick with it.

Mediation will only work if:

· The spouses agree on getting divorce

· They can talk calmly and make decisions without fighting

· They want to stay in good terms

· They respect and trust each other

However, don’t think that a lawyer is not necessary if you opt for mediation. It’s always a good idea to retain a divorce lawyer who will inform you of your legal rights before starting mediation. You can also request a lawyer to review the mediation agreement before you sign it. To find a lawyer, you can always consult an online law directory.

Tags: Divorce, Divorce Lawyer, law directory, lawyer, mediation
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Is this Arrogance of Judicial Power?

Sunday, May 3rd, 2009

Last week, Attorney Nancy Murphy had a busy day in court and just planned to arrive home for dinner and tuck her kids in bed. However, the family law attorney was stunned when she was handcuffed and taken to a filthy cell to spend the night.

Murphy said that she has no idea why Judge Mark Lopez, Cook County Associate, held her in contempt and ordered the guards to throw her in jail. All she remembers was that she was in Daley Center, specifically in Lopez’s courtroom, and representing a client seeking for child support payments.

Then, after the hearing, she filled out a form containing the rescheduling of the case for July 9. Lopez needs to sign this document so he took it to his chambers. When he came out, he said something about the document and told the sheriff to take her into custody.

The confused Murphy was handcuffed while Lopez wrote that he’s holding her in “direct civil contempt” because she ignored the court’s direct instruction on what to include in the document. As a result, Murphy was strip-searched and spent one night in jail.

Meanwhile, a divorce attorney who regularly practiced in Lopez’s courtroom was quoted to describe the judge as “courteous” and “extremely professional.” On the other hand, Professor Len Cavise of DePaul University advised that if the allegations of Murphy are true, then this is an example of “arrogance of judicial power,” and this judge must be disciplined by Illinois Supreme Court.

Tags: attorney, Cook County, divorce attorney, family law, Illinois Supreme Court, Judge Mark Lopez, Nancy Murphy
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Legal Separation vs. Divorce

Saturday, May 2nd, 2009

Legal separation is similar to divorce in issues relating to allocation of debts or division of property, spousal support or alimony, visitation, child support, and child custody. In legal separation, the couple will be separated but they remain married. This option is usually pursued due to personal or religious reasons negatively associated with divorce.

So what is the true meaning of divorce? It means that the judge signed a document for “dissolution of marriage.” In other words, you are declaring that you’re no longer married to each other. It is a legal act, just like when you signed your marriage contract.

If you are filing a “no-fault” divorce, then there’s nothing that your spouse can do to stop it. However, he or she can stop a “fault divorce” by asserting defense. Some of these defenses are:

· Collusion – secret cooperation or agreement between spouses to deceive the judge

· Provocation – inciting another to do an act

· Connivance – setting up the other person to commit the wrongdoing

· Condonation – implied approval of one’s activities by acting as if the offense were never committed

Filing for a legal separation or divorce is similar to initiating a civil lawsuit. Many states have online forms that you can fill out and file at the courthouse (Complaint). Then, these papers will be delivered to the other party (“served”). Rules and conditions on the contents of the Complaint and how it must be “served” are technically specific and generally complicated. It’s not a good idea to do these without lawyer consultation.

Tags: Collusion, Condonation, Connivance, dissolution of marriage, Divorce, fault divorce, lawyer consultation, legal separation, no-fault divorce, Provocation
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A Closer look at Arizona Divorce

Thursday, April 30th, 2009

To end a marriage legally, you need to undergo a court process called “divorce.” This is called “dissolution of marriage” in Arizona.

Their “standard marriage” uses a no-fault divorce where a spouse does not need to prove responsibility or blame to end it. The court simply asks if they have an “irretrievably broken” marriage, meaning, there’s no chance that they would want to stay together.

While in “covenant marriage,” the court is a little bit strict. Presumably, this is a higher marriage standard in Arizona. Grounds for dissolution of this marriage include:

· Both spouses agree to divorce

· Habitual alcohol or drug use

· After obtaining a legal separation, the spouses should have lived separately for a year or two

· Commission of domestic violence either against the spouse or child

· Abandonment for more than a year

· Felony conviction which mandates death or imprisonment

· Adultery

Prior to filing divorce, one of the couple must be an Arizona resident for 90 days at least. The legal process begins when a spouse files a petition with the Superior Court. However, when both parties already agree about child support and child custody matters, as well as debt division and property, then their divorce can be settled without trial.

An Arizona lawyer is well versed to advice you on the complexities of Arizona law. Find one today in a reputable lawyer listing online.

Tags: Arizona, Arizona lawyer, covenant marriage, dissolution of marriage, Divorce, irretrievably broken, lawyer, lawyer listing, standard marriage
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Tips in hiring a Divorce Lawyer

Wednesday, April 29th, 2009

Lawyers handling corporate matters or personal injuries will not be very useful in divorce cases since they may have little or no understanding of family law. Typically, most firms indicate their area of their expertise so you can be guided on whom to hire. They also take on pro bono cases.

A pro bono case may be taken in for free or for a reduced fee. Check to see the criteria established by your local or your State Bar Association if you are financially eligible for it. If you’re not qualified, then you can get divorce lawyers who will usually charge you per hour.

If this is the case, then you have to keep a watchful eye on your bill. Don’t just accept something like “fees for services rendered.” Instead, demand for a detailed statement. Consult them immediately if there are entries you don’t understand.

Moreover, never hire a lawyer based simply on oral agreements. This will surely lead to conflicts and misunderstandings. Rather, create a fee agreement in writing known as “retainer agreement” so that you have a record of all your negotiations and terms.

Furthermore, hiring a lawyer doesn’t mean that you’ll no longer lift a finger to do some work. You should read articles and research materials online about family law. Ultimately, you must be the one making the decisions on how you would like your case to proceed. After all, it’s your future and your life at stake.

Tags: divorce lawyers, family law, lawyer, lawyers, pro bono, retainer agreement, State Bar Association
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