Divorce Terminology

Divorce proceedings can be challenging and emotionally taxing for anyone. When one has to deal with a divorce, he needs to understand different terms often used by the lawyers as well as the court. Knowing the divorce terminology makes it easy for you to understand the procedure well.

• Petition: It is a document filed by the person who wants to seek divorce from the court. It is also known as petition for dissolution of marriage. The document mentions the relief wanted by the petitioner.
• Interim Order: Interim order is a temporary order made by the court that lasts until the final order or a hearing is made. For example, a custody order that specifies who has the responsibility of the child until the final decree is issued. A non- permanent restraining order prevents a party from disposing of the property.
  Spousal Support: Spousal support is also known as Separate Maintenance Payments or Alimony. The court may order a spouse to pay financial help to other partner to whom support is owed.
• Equitable Distribution: Divorce often requires the couple to divide the property acquired during the marriage equitably. This means the assets and debts are divided fairly depending upon the earning capacity of the parties and the duration of the marriage.
• Custody: If the couple has a child, the court decides who will be responsible for him, which refers to the custody of the child. The custody can be joint or sole. In joint custody, both the parents contribute to the upbringing of the children and one of them is awarded primary physical custody with whom the children live. The other parent gets the visitation rights. In case of sole custody, only one parent gets the right to make decisions regarding the child.
• Child support: The parents are legally obliged to support their children. During divorce, the court may order the non-custodial parent to pay child support to the custodial parent. In case there is joint custody, the parent who has primary physical custody will get the child support from other parent. Every state has different set of criterion to determine the amount of child support.
• Arrearage: The amount of money that is due for spousal or child support.
• Decree: Decree is the court’s decision or written order finalizing the divorce.
• Dissolution: Dissolution or divorce is legal termination of a marriage.

When you seek to end your marriage, it is advisable to hire an experienced divorce lawyer who can guide you through each step of the legal process and help to protect your rights.

What A Divorce Lawyer Can Do For You

Divorce is undoubtedly a life-changing decision that brings along huge stress for both spouses. It is essential to contact an experienced divorce lawyer to explore the best options and reach conclusions that are in your best interests. He can help you make informed decisions and resolve other divorce related issues. Here are some ways a divorce lawyer can be helpful.

• Understand the divorce procedure: A divorce lawyer can help you understand every step of the divorce proceedings. He will thoroughly analyze the case as well as the relevant precedents to determine the potential outcomes. He will also let you know about the questions that can be asked by the prosecuting attorney and the right way to answer them.
• Answer your queries: Your divorce lawyer will clear any doubts that you have regarding the case. He will answer all your queries and concerns about divorce, child custody, alimony, child support, property division etc. The lawyer will also help you understand the divorce laws and keep you updated about the case proceedings.
• Handle paperwork: A lawyer will file the divorce petition in the court and dispatch summons to the other party. If your spouse has filed for divorce, your lawyer will be responsible to submit a response. He will also take care of all the paperwork such as motion for custodial support, temporary visitation arrangements, asset disclosure etc.
• Mediation: Another important role played by a divorce lawyer is acting as a mediator. He helps in resolving the disputes between you and your spouse so that a conclusion can be reached with mutual consent.  During mediation, he ensures that both the parties agree upon a fair decision and that your rights are fully protected.
• Protects the interests: A divorce lawyer helps to protect your best interests regarding your assets and spousal alimony. He ensures that the earnings are equitably distributed and you receive a justified amount for alimony as well as child support.
• Settle issues related to child custody: If you have children, then the divorce lawyer helps you settle issues related to child custody. He negotiates the child visitation rights and various reliefs that the law grants. He prepares temporary visitation orders and custody arrangements.
• Attend court hearings: Your lawyer will handle the court trials, maintain files and copies of all the documents that need to be presented to the judge. He will keep you informed about each step and try to expedite the finalization of the case.

By hiring a divorce lawyer, you can eliminate the need to deal with the complexities of the case and make decisions that can have a positive impact on you or your child’s life.

Things To Avoid During Divorce Proceedings

With the intense emotional pressure that surrounds a divorce, it is understandable why people end up making the worst mistakes during the period leading up to the divorce, and often have to live with these decisions for the rest of their lives.

Here is a look at some of the biggest pitfalls made during divorce proceedings:

• Making poorly informed decisions: While you might think that divorces are governed by common sense, and that you are smart enough to know what is right for you, the truth is that a divorce is a purely legal process, which is why it is important to seek legal counsel. Hiring an experienced divorce lawyer in Killeen can help make your job a lot easier, ensuring you understand the legal implications of every decision you make.
• Allowing the attorney to control the entire process: Although it is important to hire an attorney to guide you through the process, this does not mean that you completely hand over the reins of your divorce in his hands. It is important to remain involved throughout the process, and ask as many questions as you need, to ensure that you completely understand what you are signing up for.
• Following an approach of revenge: If you step into the courtroom with revenge against your soon-to-be ex-spouse being your prime motive, be ready for nothing more than an inflated ego. It sure might be satisfying to lash out at them and let the entire courtroom know how they have wronged you, but you need to understand that the court will not punish anyone without proper procedure and decorum followed.
• Settling too low or committing to high: When it comes to the financial aspects of a divorce, it is far too common for one party to be exploited without them even realizing it. Divorce lawyers can play a major role here, helping you to have a realistic view of what to expect in the years to come, and take into account often ignored aspects such as tax implications and inflation. Your goal should be to play it fair with everyone involved, you included.
• Letting emotions come in the way: Another common mistake witnessed is people choose a less-valuable asset like their marital home, over a much more lucrative one, like say, a share of their spouse’s pension. It is important to ensure that you do not let emotions govern the decisions you make during this testing time.

Custody Lawyer In Killeen TX

With all the emotional and mental turmoil involved in going through a divorce, it is usually difficult to remain levelheaded while dealing with a child custody case. Hiring a good custody lawyer can go a long way in helping you to handle the situation objectively, and make the best decision in the interest of your child/ children. The key question that needs to be addressed in a custody case is who the children will be spending maximum time with, out of both the parents.

Here is a look at some of the key benefits of hiring a custody lawyer:

• There are several different types of custodies that the court has to choose from. Hiring an experienced Killeen lawyer with experience in dealing with custody cases will help you better understand your options from a legal standpoint.
• If you think that joint custody could be the best option for your child, you will need to choose from some of the most proficient lawyers, to be able to convince the court of this decision. This is because most courts do not favor this custody settlement, due to the negative psychological outcome it is believed to have on the child.
• The role of the custody lawyer becomes even greater when both the parents involved are not on cordial terms with each other. In these cases, hiring the right custody lawyer could help to ensure that the final decision made by the court is fair, and protects the rights of everyone involved.
• One wrong statement passed in the court at the time of the hearing could work against you, and end up turning the entire ruling in the opponent party’s favor. A custody lawyer can prevent this from happening, by guiding you about the anticipated questions to expect, and the best answers to give to them.
• Custody lawyers have vast experiences in dealing with similar cases, and are well-versed with the laws governing the cases, due to which they might even be able to guide you on how to present an evident shortcoming, such as a history of drug abuse, or unemployment, in the right light. Your lawyer will give you the right advice on how to convince the court that you are capable of being a good parent.