Questions To Ask Yourself When Considering Divorce

The decision to end you marriage is one of the most complex ones. It should only be made after you have prepared your mind to control your entire life responsibilities in a mature manner. Remember, though separation is a one-time process, it would bring about long lasting consequences for you as well as your children.

If you are considering divorce with our spouse, ask yourself the following questions before you make the final decision:

• Do you want a divorce or need to patch-up?

Most couples who make rushed decisions to end their marriage do not take the time to evaluate their thoughts and feelings. Give yourself some time and think about the difficulties you are facing in marriage. Analyze if those things are too worse to need a divorce or is there any way out to deal with them. Discuss these issues with our partner and see how many of those you are able to mutually resolve.

• What role did you play in your difficulties?

No matter how bad the situations may be, determine if you honestly tried your level best to cope with them. You are not responsible of your partner’s behaviors but, you are however responsible for yours. Your positive contribution can go a long way in resolving the issues arising in your married life.

• How will you pay for expenses during the divorce?

Divorce process involves lots of financial expenses. Before you file the case, make sure you have sufficient funds to hire a divorce lawyer. List down the funds and properties you have to manage your finances accordingly.

• Are you prepared to keep your emotions out of the divorce process?

If divorce is the only option you have left with, prepare yourself to be emotionally strong. Going through the process will not be so easy. There may be a lot of difficult situations you have to go through. So make sure you are prepared to face all those situations boldly.

• After divorce, will you be able to maintain your lifestyle?

Make sure you have funds for your basic living. Ask yourself whether you are mature enough to take all the responsibilities of your life and make financial decisions. You will need to pay your home’s rent, children’s education and maintain your household.

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 Factors Are Considered In Child Custody Case?

While deciding the custody of a child, there are various factors that need to be considered. The main aim of the court of law is to find the arrangement that is in the best interest of the child.Some of the factors that help the court in determining the custody of the child are:

• Child’s wishes: Depending upon the age of the child, the court gives value to his say on which parent he wants to live with. It is not always that court goes with the wishes of the child. It often checks whether the child’s wishes reflect his betterment or not.
• Family relationships: The court considers the relationships of the child while determining his custody. If the court finds that a parent has been abusive, showed neglect, and is unable to fulfill the parental responsibility, then the court may give the custody to the other parent, even if he has been absent for most of the child’s life. If in case, the child has good relationship with both the parents, then the court ensures that both get the right to fulfill their roles. The child’s interaction and relationship with the siblings is also considered. The court also considers any history of domestic violence and the safety of the child.
• Educational and medical needs of the child: While deciding the custody of the child, the court also takes into account the child’s educational and medical needs. It determines whether the parent who is applying for custody has the ability to address those needs or not. The court may look at the parent’s work schedule, emotional and mental state, physical limitations, and the parent’s understanding of child’s needs.
• Safety and the home environment: One of the most crucial factors that are considered in child custody evaluations is safety. The court can ask a certified and trained assessor to visit each parent and submit a report about the home setting and certain basic requirements such as clean and hygienic surroundings, working bathrooms, safe surroundings, etc.
• Stability of home environment: To offer consistency to the child, the court often tries to maintain stability in the life of child. It tries to keep the child in the same house where his/her siblings are living. It also makes sure that the child remains in the same school and neighborhood, as an alteration may have negative effect on the child. The court can reconsider the custodial decision if the parent does not act responsibly or if the child no longer wants to stay with the current parent.
• Parent’s ability to care for the child in every way: The court may ask the parents to meet a psychologist to check their ability to understand the child and his needs. He will assess out how much a parent is capable of fulfilling the child’s social and emotional needs.

Though the financial situation of a parent is not a serious consideration, however, the court definitely considers whether a parent is able to earn sufficient enough to provide a decent life to the child. A child custody lawyer has good knowledge about how to use these factors to the advantage of their clients.

Benefits Of Hiring A Criminal Lawyer

Being involved in a crime, whether in the capacity of the victim or the supposed culprit is bound to take a huge toll on the day to day activities of one’s life. Apart from being subjected to the possible penalties, it is psychologically taxing too. If you’ve been accused of any kind of a criminal charge, ranging from a DWI to an assault, hiring a criminal lawyer in Killeen is your best bet. There are huge benefits of hiring an experienced professional criminal lawyer and some of them are as follows.

• Guidance through legal formalities: Even if you are very well versed with the law and are familiar with the proceedings of litigation, you will need a lawyer to help you work it all out in a proper way. A criminal lawyer is assuring and offers peace of mind by handling all the legal formalities and paperwork.
• Proper investigation: There is a lot that goes into defining a crime scene. Several possible evidences that can support your case. A simple wrong interpretation or lack of evidence can turn a case against you. If you seek professional help the investigation done will be thorough and detailed. Without a criminal lawyer’s intervention, the investigation work carried out by the authorities of law is usually superficial. You should hire a criminal lawyer who has prolific resources at his or her disposal to help you seek justice for you in Killeen.
• In reference to your employment and other aspects of personal life: Being charged with a criminal offence also affects your employment opportunities and consequently your pay scale as well. There are other aspects of your personal life that may be affected by a criminal charge. A criminal lawyer will help prevent and solve out these areas for you.
• You may get a pardon: If there is a genuine explanation behind your actions you may get a pardon. Sometimes a criminal lawyer, with his vast experience, may be able to make your tormented mental state work in your favor by getting a good judgment.
• Reduced punishment: If you are guilty of a crime, a lawyer can help reduce the fine or the sentence or both. You should hire a lawyer who has the resources and the influence to help you through your entire legal process.