Whether you are in city like Albany, Schenectady, Troy, or some other city in the New York, going to custody court can be a very intimidating experience the first time when you don’t know what to expect. It does not have to be that way. Following these five simple suggestions can save you a lot of stress and worry in the long run:

1. Be prepared to go to court. courts are institutions that try to operate on factual information. Take copies of proof of income such as an IRS tax statement or a pay roll stub. Also, make sure you take a copy of any health insurance premiums you pay on you children.
2. Appearance in any court is very important, especially first time appearances. The Judge may not know you, and he or she has only your appearance to start sizing your parental abilities, so, appear to be worthy of what you will ask of the court. Lean toward being clean and professional rather than flashy and uncouth. If you do not appear to take an interest in your own hygiene, the judge may get the impression you won’t take interest in the hygiene of your children either.
3. Be on time to your court appearance. Leave your home in plenty of time to reach the court destination and remember to allow for the screening process at the front door. Your case will most likely not be the only case on the docket, so, being late will make everyone else late. Your being late will make a lasting impression on the Judge, but it will most likely not be a good one.
4. Unless the Judge orders it, do not take your children to court. Although the court proceedings are about them, small children do not need to hear what goes on in the proceedings, it is not their business. If the experience can be intimidating for adults, think of how scary it might be for the children. The process is sometime long, and children demand time from you that you will not have during the Court proceedings. So, make arrangements for your children to be attended to in some other place than the Court proceedings.
5. Go to court with a positive attitude. In most all custody courts across the United States, the courts have a vested interest in helping you solve a  most difficult situation. They want to do what is best for both parents and children. Going to court with a negative disposition will leave a lasting impression of the wrong kind and will not help you get what you want. Your child and you both deserve to come out of the process with a bright future, so, be positive, courteous, and respectful. The court will most likely respond in like kind.

Whether or not you are represented by counsel in your court appearance, applying these five simple suggestions will go a long way into helping you relieve the stress and worry over your situation. Sometimes you can handle these problems on your own, but sometimes, it is best to have supportive counsel in the form of a divorce Lawyer who understands child custody cases. He or she will give you the legal knowledge required to provide the confidence you will need to have a positive attitude for your court appearance.

If you feel you need this kind of help, contact us and we will help you locate the right professional for you.

Someone once quipped that a starter marriage was a short-lived first marriage with no kids, no property, and no regrets, but I call that a friendly divorce. Unfortunately, we live in a society where most of our divorces are a little more complicated, and anything but friendly. With almost 50 percent of our marriages in the United States ending in divorce, the legal jargon has gotten so complicated we have been forced to man a complicated court system in order to untangle the legal complexities of marriage.

Concerning our marital laws, there are so many different levels of law across our land, is it any wonder the laws vary so much from city to city, county to county, and state to state? If you are facing a divorce and/or a child custody battle for your children, this article is designed to provide the most common legal terms applying to your situation to help you make better informed legal decisions, and to make the process less complex. Along with their definitions, this list of terms is not exhaustive, but common for Albuquerque, New Mexico:

• Affidavit- sworn statement in writing, usually made under oath or on affirmation before a magistrate or officer.
• Alimony- also called maintenance or support, the financial support ordered by the Court for the support or living maintenance of a spouse.
• Contested Divorce- any issue on which the petitioner and respondent cannot agree, which must then be decided by the court (either before a judge or jury).
• Custodial Parent- the parent who has physical custody of the child.
• Default judgment- all parties have been served but one or both do not appear at the court hearing, so the Court can render a default decision.
• Discovery- pretrial disclosure of pertinent facts and documents, including financial figures, by one or both parties.
• Docket- the court’s calendar schedule.
• Hearing- a court session in which testimony or arguments are offered by attorneys or involved parties for the purpose of resolving a legal dispute.
• Fault Divorce- used in Contested Divorce cases where a legal ground for divorce must be declared.
• Grounds- the legal basis for action or complaint for divorce.
• Joint Legal Custody- situation in which both parents continue to make joint decisions for their child’s education, medical care, religious training, and other day to day matters.
• Joint Physical Custody- situation wherein the child spends time sleeping in both parents’ homes.
• No-Fault Divorce (NY different than rest)- a divorce in which neither party has been accused of or found guilty of any misconduct, and commonly called an Uncontested or Non-Contested Divorce.
• Non-Custodial Parent- the parent with whom the child is not physically living.
• Pass for service- when one or both parents have not been served, a postponement of the hearing is usually requested.
• Petitioner- the spouse who files for divorce.
• Respondent- the spouse whom the Petitioner is seeking to divorce.
• Service- the act of serving the respondent with legal papers, such as the Notice of Petition for Dissolution.
• Summons- written notice to appear in court either as a defendant or a witness.
• Visitation- the legal right of a Non-Custodial parent to see his or her child.

If you are not in a starter marriage, and these terms still seem to be too confusing and complicated, then it is highly likely you will need a professional who can help you with any legal jargon and the inner workings of your local court systems. Contact us right now and we will help you find a divorce lawyer in your area who can give you the legal help for not only divorce but for child custody too.

(Note: Please feel free to print out this page in order to have the terms readily available when you need them. Understanding these common terms will help you even when you visit for the first time with your lawyer.)

Michigan is an “equitable distribution” state. That means the marital property should be divided in an equitable fashion. Equitable does not mean equal, but rather what is fair. The court will encourage the parties to reach a settlement on property and debt issues, otherwise, the court can declare the property award.

The circuit courts in Michigan may include in any decree of divorce or of separate maintenance entered in the circuit court appropriate provisions awarding to a party all or a portion of the property, either real or personal, owned by his or her spouse, as appears to the court to be equitable under all the circumstances of the case, if it appears from the evidence in the case that the party contributed to the acquisition, improvement, or accumulation of the property. The decree, upon becoming final, shall have the same force and effect as a Quitclaim Deed of the real estate, if any, or a Bill of Sale of the personal property, if any, given by the party’s spouse to the party. So, an equitable division of the estate of two people considering divorce does not always mean giving up half of your assets. It is much more complicated than that.

Property division is a very complicated legal matter when two people decide to divorce, especially when they have lived together for a long period of time. When two people are married and accumulate property and assets during the time they are together, the result of the accumulation is usually referred to as community property. Normally, community property is divided equally between the two departing spouses. The process gets more complicated when the spouses bring property and assets to the marriage in the beginning, what is inherited during the marriage, and what retirement plans each of the spouses have been contributing to. Also, if the couple has children, the process of dividing up property and assets is complicated further. For example, which spouse is to gain custody of the children may play a larger role in receiving property than the non-custodial parent if the courts so decide that the situation is equitable toward the custodial parent in relation to the marriage as a whole.

Does fair mean giving up half of your assets in a divorce? In places like Grand Rapids, Muskegon, Holland, and other cities around Michigan, if you are considering filing for divorce, being fair could mean legally giving up much more than half your assets. If you don’t know what is equitable and fair concerning your legal rights, and you have legal questions concerning a divorce, please contact us right now, and we will put you in touch with a divorce lawyer in your area who can help you answer all the legal questions you may have.

The income shares model was developed by the Institute for Court Management of the National Center for State Courts under the Child Support Guidelines Project of the Office of Child Support Enforcement of the United States Department of Health and Human Services. Many of our states use this model to determine child support in child custody cases.

The Income Shares model is based on the concept that the child should receive the same proportion of parental income that he or she would have received if the parents lived together. In an intact household, the income of both parents is generally pooled and spent for the benefit of all household members, including any children Thus, the income shares model calculates support as the share of each parent’s income estimated to have been allocated to the child if the parents and child were living in an intact household. This principle is consistent with the Uniform Marriage and Divorce Act, enacted in many states.

Using the Income Shares model, computation of child support is basically a four-step process:

1. The income of the parents is determined and added together.
2. A “basic child support obligation” is computed based on the combined income of the parents, using a table or grid in the guidelines. The amounts in the table are derived from economic data of household expenditures on children.
3. A “presumptive child support obligation” is then computed by adding expenditures for work related child care expenses and extraordinary medical expenses to the basic child support obligation. Other obligations may be added or deducted from the calculations.
4. The presumptive child support obligation is prorated between each parent based on his or her proportionate share of total income. The non-custodian’s obligation is payable as child support, while the custodian’s obligation is retained and presumed to be spent directly on the child.

In New Jersey, determining the amount to be paid by a parent for support of the child and the period during which the duty of support is owed, the court in those cases not governed by court rule will consider, but are not be limited to, the following factors:

1. Needs of the child;
2. Standard of living and economic circumstances of each parent;
3. All sources of income and assets of each parent;
4. Earning ability of each parent, including educational background, training, employment skills, work experience, custodial responsibility for children including the cost of providing child care and the length of time and cost of each parent to obtain training or experience for appropriate employment;
5. Need and capacity of the child for education, including higher education;
6. Age and health of the child and each parent;
7. Income, assets and earning ability of the child;
8. Responsibility of the parents for the court-ordered support of others;
9. Reasonable debts and liabilities of each child and parent; and
10. Any other factors the court may deem relevant.

There are both strengths and weaknesses in the Income Shares Model. First of all, the main distinguishing feature of the income shares model is that it embodies the underlying economic assumption that as income increases, the proportion of income spent on child support decreases.

Secondly, Critics have charged that the income shares model is based on faulty underlying economic research. One study has suggested that the underlying economic data failed to reflect true child related expenditures in upper income families including such non-consumer expenditures as principal on home, savings, and trusts for the benefit of children. Thus, the income shares model does not accomplish the goal of ensuring that parents, after they break up, continue to spend on their children the same percentage of income that they would have spent if they were together.

Thirdly, Another distinguishing feature of the income shares model is that it illustrates graphically that both parents are sharing in the support of the child. Where the perception of fairness is as important as fairness itself, this feature is its greatest asset. A final distinguishing feature of the income shares model is that it can more easily than the flat percentage model take into consideration adjustments for shared and split custody, health care needs, child care expenses, serial family development, and children’s ages by the manipulation of income, additions and deductions and by then allocating these costs between the parents.

Because these factors can be built into the income shares formula, there is less reason for deviation from the guideline’s presumptive award. Limiting deviation meets the ideal of perceived fairness, as well as the federal requirement that the number of cases in which deviation is granted be limited. Limited deviation also meets the goals of consistency and predictability. Given that the ultimate goal of child support guidelines is increased compliance through perceived fairness, the income shares model meets this goal.

The Income Shares Model is used in places like Bergen, Passaic, and other cities around New Jersey for determining child support. If you are facing a divorce, and you have children, contact us today and we will help you find a divorce lawyer in your area that understands family law. They will be able to answer any legal questions you may have about child support issues.

There are so many different levels of law across our land, is it any wonder the laws vary so much from city to city, county to county, and state to state? If you are facing a divorce and/or a child custody battle for your children, this article is designed to provide the most common legal terms applying to your situation to help you make better informed legal decisions. Along with their definitions, this list of terms is not exhaustive, but common for Syracuse, New York:

• Affidavit- sworn statement in writing, usually made under oath or on affirmation before a magistrate or officer.
• Alimony- also called maintenance or support, the financial support ordered by the Court for the support or living maintenance of a spouse.
• Contested Divorce- any issue on which the petitioner and respondent cannot agree, which must then be decided by the court either before a judge or jury.
• Custodial Parent- the parent who has physical custody of the child.
• Default judgment- all parties have been served but one or both do not appear at the court hearing, so the Court can render a default decision.
• Discovery- pretrial disclosure of pertinent facts and documents, including financial figures, by one or both parties.
• Docket- the court’s calendar schedule.
• Hearing- a court session in which testimony or arguments are offered by attorneys or involved parties for the purpose of resolving a legal dispute.
• Fault Divorce- used in Contested Divorce cases where a legal ground for divorce must be declared.
• Grounds- the legal basis for action or complaint for divorce.
• Joint Legal Custody- situation in which both parents continue to make joint decisions for their child’s education, medical care, religious training, and other day to day matters.
• Joint Physical Custody- situation wherein the child spends time sleeping in both parents’ homes.
• No-Fault Divorce- in most all states except New York, a divorce in which neither party has been accused of or found guilty of any misconduct, and commonly called an Uncontested or Non-Contested Divorce. In order to get an uncontested decision in New York, certain criteria has to be met and a formal legal “fault” reason for divorce must be given in any petition for divorce.
• Non-Custodial Parent- the parent with whom the child is not physically living.
• Pass for service- when one or both parents have not been served, a postponement of the hearing is usually requested.
• Petitioner- the spouse who files for divorce.
• Respondent- the spouse whom the Petitioner is seeking to divorce.
• Service- the act of serving the respondent with legal papers, such as the Notice of Petition for Dissolution.
• Summons- written notice to appear in court either as a defendant or a witness.
• Visitation- the legal right of a Non-Custodial parent to see his or her child.

If these terms are confusing and seem too complicated, then it is highly likely you will need a professional who is an expert in legal jargon and the inner workings of your local court systems. Contact us right now and we will help you find a divorce lawyer in your area who understands all the different levels of law for not only divorce but for child custody too.

(Note: Please feel free to print out this page in order to have the terms readily available when you need them. Understanding these common terms will help you even when you visit for the first time with your lawyer.)

Georgia is one of eleven states in the United States that permit jury trials for divorce cases  under certain circumstances. If you have gone to trial for a divorce, you have certainly been in what divorce attorneys call a contested case. Contested cases can be very nasty ordeals for all concerned, including the divorce lawyers. Atlanta, like so many cities in the state of  Georgia, is located smack dab in the center of what many refer to as the “Bible Belt” or conservative area of our nation. In a divorce trial, not only can you experience the humiliation of exposing the reasons for a failed marriage to the public, a stigma can be attached to the participants who may endure a lifetime of shame for their failure to live up to societal expectations.

Whether Atlanta society is right or wrong in the judgmental way some approach divorce, or whether or not your humiliation is self illusion, before entering a contested marital divorce, you may want to ask yourself a couple of simple questions. First of all, is there any way for reconciliation between you and your spouse?  With over nine million people living in Georgia, over 85 percent consider themselves as associated with some type of religion, and over 82 percent of those consider themselves as Christian. With strong similar values, work ethics, and community minded service of Georgia Christians, there should be no wonder the legal system in the state has been influenced by this group when it comes to the marriage institution. Regardless of their religious affiliations, Georgians value hard work and commitment, traits shared by the tenets of the Christian faith and essential in making a marriage contract work. Nevertheless, the divorce rate in 2002 in Georgia was 38 percent of the total marriages that year, and did not seem to change regardless of religious or non-religious affiliations. In the spirit of Georgian values honoring hard work and commitment, doesn’t it stand to reason that if at all possible, you should first try to reconcile before acquiescing to divorce?

Secondly, if your answer to the first question is honestly “no,” then you may want to ask yourself, is there any way you can get out of a bad marriage without a lot of public fervor? Obviously, there are reasons some people should not stay married, the threat of imminent harm being chief amongst them. So, if you have come to the place where you have decided there is no other alternative to divorce, there are two ways you can get a divorce in Georgia- Fault (Contested) or No-Fault (Uncontested or Non-Contested). The No-Fault process can be as simple as filling out a Petition For Divorce,  Marital Settlement Agreement, and other legal documents easily obtained, and filing them with the proper Superior Court in the county of jurisdiction to hear the cause. Georgia permits No-Fault divorce not less than 30 days from the date of service on the Respondent and after the proper legal papers have been filed stating the marriage is irretrievably broken. Providing you and your spouse can amiably agree on the terms of the divorce about your finances, assets, and children, the process is relatively simple and inexpensive. In the event you are divorcing because your spouse has put you at imminent harm, a No-Fault divorce is probably not practical, but if there are other reasons you seek a dissolution of marriage, doesn’t it stand to reason, you should try and obtain a No-Fault divorce?

There are many reasons two people who have been married a while may not be able to amiably and maturely come to terms involving finances, assets, and children. In the event this happens, and it often does, there exists a real possibility for a contested divorce. When it does happen, you can present your case before a judge or a jury. In either case, it may be wise to be legally represented. In addition to the No-Fault reasons for divorce, Georgia permits Fault divorce on grounds of: intermarriage by persons within the prohibited degrees of consanguinity or affinity; mental incapacity at the time of the marriage; impotency at the time of the marriage; force, menace, duress, or fraud in obtaining the marriage; pregnancy of the wife by a man other than the husband, at the time of the marriage, unknown to the husband; adultery in either of the parties after marriage; willful and continued desertion by either of the parties for the term of one year; the conviction of either party for an offense involving moral turpitude, under which he is sentenced to imprisonment in a penal institution for a term of two years or longer; habitual intoxication; cruel treatment, which shall consist of the willful infliction of pain, bodily or mental, upon the complaining party, such as reasonably justifies apprehension of danger to life, limb, or health; incurable mental illness; and habitual drug addiction. One of these issues have to be stated in a Petition for Divorce as the reason the petitioner is wanting to end the marriage. Many times, these stated reasons for divorce are value based, and in a state where the results of a divorce are public record, the participants are open to public scrutiny and sometimes ridicule. Therefore, in a contested trial, the legal outcome is of utmost importance, and you may want to consider consulting with a divorce attorney before you file for a divorce.

Regardless of the decision concerning divorce you may make, there are divorce lawyers in Georgia who can help you when it comes to divorce law. So, if you are considering a divorce, please contact us and we will help you find the divorce attorney in your area that can provide you with legal answers to the questions you may have.