Recession Divorce

Monday, May 25th, 2009

Cost effective legal divorce is now a welcome path for those people who wish to end their marriages. The stalled housing market, increased unemployment, and deepening recession have negatively impacted the financial situations of most parties. In fact, high mortgages and declining values caused many homes of divorcing couples to stay “under water.”

In addition, even those divorcing couples who are still fortunate to have home equity cannot sell the houses due to a slow real estate market. If you combine these with plummeting real estate values, you will be looking at a bleak marital asset balance sheet.

Historically, divorce rates tend to increase during recession. But attorneys today still see a decline, maybe due to a severe economic downturn. For those with limited resources, it might be overwhelming to incur expenses for two households. On the other hand, net-worth clients may take advantage of diminished values of their properties to decrease financial responsibility.

And to look on the bright side, there are other support alternatives and marital asset division that attorneys can do to help the divorce resolution. Probably, a neutral financial planner can find solutions for custody issues or parenting coordination.

Although some cases would really need to go through litigation, there are other options that the parties could attempt to utilize. These alternative resolution methods may be in the form of a collaborative law model or mediation.

Tags: attorneys, collaborative law model, cost effective, custody, Divorce, divorce rates, divorcing couples, litigation, mediation, parenting coordination
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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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Arrest: Beginning of the Criminal Justice Process

Tuesday, May 12th, 2009

An arrest occurs when someone is taken into custody and that person is prohibited to move about of leave. Sometimes the use of handcuffs or physical restraint is not necessary. An arrest is already complete when the police officer tells the suspects that they’re “under arrest.” So generally, an arrest can be described as a person’s involuntary or voluntary submission to a police officer’s exercise of authority over him or her.

A police officer can only arrest a person under the following circumstances:

• *The officer personally observed a crime – for example, the officer sees an actual purse snatching,   then he or she may arrest the purse-snatcher.
• *The officer has “probable cause” – when the officer has reasonable circumstances, facts, or belief that a particular person is about to commit or committed a crime, then that person may be arrested. For example, the officer received a call reporting armed robbery in a liquor store and then he sees the suspect with a gun and cash running down the street, then that man may be arrested.
• *The officer obtained a warrant to arrest – this is a legal document issued by any magistrate or judge to allow any officer to arrest the suspect.

If this happens to you, you can question the lawfulness of your arrest including the actions of the officer. However, this battle should be fought in court together with a criminal attorney rather than fight it on the street.

Tags: arrest, criminal attorney, criminla, custody, police officer, suspect
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Final Divorce Order Changes

Saturday, May 9th, 2009

A divorce decree is often referred as “final decree” or “final order” in a divorce case. However, many aspects of this decree can still be changed under certain circumstances. Generally, if there are significant changes in the circumstances of either party, it can warrant a change in visitation order or custody. However, some states place restrictions on the reasons or number of times that any party can request a change.

For example, the non-custodial parent may petition the court to temporarily suspend or at least reduce the child support obligation if he or she loses his job. At the same token, if there is an increase in his or her income, the other party may petition for an increase in child support.

Also, if the existing visitation schedule is already unworkable (i.e. the parent moves or the child becomes involved in a new activity), then it can be modified too. The court retains jurisdiction for cases with minor children involved. It has the power to enforce visitation, custody, and child support orders through contempt actions.

To learn more about divorce modifications, ask a divorce attorney in your area. An attorney can explain to you how divorce laws may affect the process of modifying your final divorce decree.

Tags: attorney, child support, court, custody, Divorce, divorce attorney, visitation schedule
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Brant-Seymour Shocking Divorce

Thursday, May 7th, 2009

Public figures divorce all the time, yet many people still think that it’s such as waste. These people seem to be a perfect match. Yet, another celebrity couple filed for divorce – supermodel Stephanie Seymour and billionaire Peter Brant.

They have three children – Lilly, 4, Harry, 12, and Peter, 15. After 16 years of marriage, Seymour and Brant are set to appear in Greenwich, Connecticut court on Monday.

Reportedly, Brant will argue (through his lawyer) that Seymour is unfit to be a mother to her kids. Therefore, he’s going to fight for custody. The split is fast becoming controversial since Seymour told a friend that they still live in the same house but she’s currently sleeping with the maids in their quarters. “I’m trying my best to keep things amicable. It’s tough and he (Brant) is playing dirty with me,” she added.

Brant is the CEO and owner of a newsprint corporation. He’s also the publisher of “Art in America” and “Interview.” Originally from Connecticut, his hobbies include playing polo and collecting art.

Meanwhile Seymour is from San Diego and she has been modeling since 14 years old. She won the Look of the Year contest from Elite Model Management and appeared in the swimwear issue of Sports Illustrated. She’s also a former model of Victoria Secret.

Tags: Connecticut court, custody, Divorce, lawyer, Peter Brant, Stephanie Seymour
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