Thursday, August 6, 2015

Is Experience Important in Divorce Cases?

A lot of people wonder if they need to hire an experienced divorce lawyer and if it is worth the cost. Honestly, this answer is based on each particular situation and the needs of each case. There are some issues that are not complex and will have predictable outcomes such as:

1: If you case involves children, it is presumed that each parent will have shared responsibility as well as the authority to be involved in and make major decisions.

2: Most cases are presumed to be divided by 50% regarding the assets and liabilities that were incurred during the marriage. What this means is that from your marriage date to the divorce filing date, all acquired assets or liabilities, such as mortgages, homes, boats, cars, pension plans, credit cards, personal property, retirement funds, and student loans, can all be divided by 50% between each spouse.

3: Child support calculation is based on both parent's net incomes and the time sharing schedule of each parent. There are other important issues that can benefit from having the help of an experienced divorce lawyer, and if your case is very complex, the more experience your attorney has, the better for your case, because they can help your case to a good resolution.

Mid-term marriages, which are marriage that are over 7 years but under 17 years, alimony and if one party is entitled to cost contribution and attorney fees and deciding if a parenting plan is realistic to each parent. All these are issues that can benefit greatly from the help of an attorney. One very emotionally charged areas has to do with parental timesharing, and is where spouses will fight the hardest and spend the major part of their litigation resources. A divorce attorney with enough experience can guide you toward a negotiating plan or litigation that will be both fair to the law and reasonable, while also being mindful of your children's interest.

Another area that can be somewhat tricky involves attorney fees entitlement and alimony due to the variety of statutory criteria the lawyer must argue in order to make the case for need, entitlement, and ability to pay. While these criteria may tend to overlap with questions like if the court should "impute" to one or both spouses an income earning potential and the duration and form it should take for support. Attorneys who are experienced in divorce matters are best to navigate these matters. You will also have unique situations like a total breakdown in communications between the spouses, cases where one or both spouses are self-employed or own a business, and claims for unequal distribution of marital liabilities and assets. Consulting with an attorney is one of the best ways to assess your needs, another way is to consult with multiple attorneys because experience on paper is only part of it. What is just as important is the lawyer's professionalism, demeanor, philosophy and ethics when speaking with you about your case.

Theodore Rechel is the primary Attorney at Rechel & Associates, P.A. a full service Divorce and Family Law Firm in Tampa focusing on divorce, custody, visitation, child support, alimony and all other divorce and family law services.

Article Source: http://EzineArticles.com/?expert=Theodore_Rechel



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