Finding An Experienced Lawyer Regardless of what your legal needs are you will recognize that there are loads of lawyers in your area that advertise that they can focus on your type of case. This could make the process of finding one with a great deal of experience somewhat of a challenge. However, should you follow the tips below it is possible to limit your research to the right one out of almost no time. The first step is to generate a list of the lawyers that are listed in your area specializing in your needs. While you are causeing this to be list you ought to only include those which you have a great vibe about according to their advertisement. You may then narrow this list down by using a bit of time evaluating their website. There you will be able to find the number of years they have been practicing and some general specifics of their success rates. At this moment your list needs to have shrunken further to people which you felt had professional websites as well as an appropriate level of experience. You ought to then make time to search for independent reviews of every attorney. Make sure you browse the reviews rather than just relying upon their overall rating. The information from the reviews gives you a solid idea of the way that they communicate with their clientele and the length of time they invest into each case they are focusing on. Finally, you will need to talk to at the very least the last three lawyers which have the credentials you are interested in. This will give you enough time to genuinely evaluate how interested they may be in representing you and the case. It can be important to follow every one of these steps to actually hire a company which has the proper amount of experience to obtain the best possible outcome.
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What Are The Requirements Of Spousal Support?
I Live In Michigan. I Am A Man On Disability And Cannot Afford To Leave My Spouse For Economic Reasons..........We Have Been Married For 4 Years................Any Answers Appreciated
How is spousal support (alimony) determined?
Spousal support is not part of the property settlement; it is a separate consideration. The goal of spousal support is to balance the incomes and needs of the parties in a way that will not impoverish either party. The courts consider a number of factors in deciding whether or not to award spousal support, and must make findings on each factor that is relevant to the claim before it.
The factors are:
Past Relations and Conduct of the Parties: The conduct or “fault” of the party during the marriage (such as infidelity or substance abuse) will be considered in deciding on spousal support, even though Michigan is a no-fault divorce state;
Length of the Marriage: Long-term marriages are especially relevant where one spouse has no career or marketable skills and will likely have to endure a lower standard of living as a result of the divorce.
Ability to Work: Courts have ruled that a temporary award of spousal support is unfair where there is serious doubt about a spouse's ability to fully support himself or herself after an award of temporary spousal support has expired.
Source and Amount of Property Awarded: The focus here is on the earning potential of the assets (not their overall value), especially when both parties have substantial assets and there is a large disparity in their respective incomes. A party should not have to dissipate their property award in order to support himself or herself.
Ages of the Parties: This factor is especially relevant to the party's ability to support himself or herself.
Ability to Pay: The financial situation of the parties and the money needed for their support must be considered. The ability to pay spousal support includes the unexercised ability to earn where one spouse intentionally reduces income to avoid paying support. The interest is in protecting the dependent spouse from poverty as a result of the other spouse's spite or avoidance of responsibility.
Present Situation of the Parties: Looks at the effect of different factors on present ability to pay and the present or anticipated needs of the spouse seeking support.
The Needs of the Parties: The court must evaluate the combined effect of various factors on present of future needs of the spouse seeking support.
Health of the Parties: Health is relevant to the ability to work and personal needs of the spouse seeking support.
Prior Standard of Living: Spousal support should be granted to ensure that a spouse is not deprived of their right to support at a level commensurate with what they would have enjoyed had the marriage survived.
General Principles of Equity: Courts apply a balancing test to determine the fairness of a spousal support award, looking at the amount needed and the amount the paying spouse could reasonably afford, the amount of both parties' incomes, and the ability of each party to ensure that neither party will be impoverished in the process.
How long will I receive spousal support if it is rewarded?
Courts look at factors such as:
Duration of the marriage;
The parties' contributions to the marital estate;
Parties' station in life;
Parties' necessities and circumstances; and
Respective earning abilities.
Can spousal support payments be modified?
Michigan law creates the right to modify spousal support. But like many rights, this right can be waived. To do so, the divorce judgment must specifically provide that the spousal support provision is binding and nonmodifiable.
This applies only to consent judgments (where the parties have negotiated their own settlement terms), and not to alimony provisions of a judgment by the court after a trial. Where spousal support is modifiable, the basis for the request is that there has been a change of circumstances, and the party making the request carries the burden of proving there has been a change. They may show such things as loss of home, high cost of repairs/maintenance of replacement home, legal expenses incurred in attempt to enforce child support obligations, and other extraordinary circumstances.
What are the grounds for termination of spousal support?
Remarriage: This of itself is insufficient to terminate spousal support, unless it is specifically provided for in the judgment.
Cohabitation: This is also insufficient reason to terminate spousal support unless the judgment specifically provides for it.
Fraud, Duress, and Mutual Mistake: These are the only grounds for setting aside a consent judgment of support (unilateral mistake, or mistake on the part of only one party, is not enough).
Change in Ability to Pay: (example: when the payer retires) This is relevant to determining an increase or decrease in spousal support, but is not the sole criterion. The change of circumstances justifying termination must result in diminished income, not just income from a different source or in a different form.
Alimony in Gross: Unlike permanent spousal support, is not modifiable except for fraud, mistake, excusable neglect or other grounds for relief from judgment as provided in MCR 2.612(C).
Legal Help, Custody Attorney?
I Am In Need Of A Custody Attorney In Boone,North Carolina. The Problem Is That I Need To Find One That Would Donate Their Time To My Case. My Husband And I Are Disabled And Have Limited Income. My Grandbabies Lives Are Hanging In The Balance And Are With Someone Who Made A False Report To Get Custody Of Them. The Are With Someone That Is Violent And That Has A History Of Such. Also They Are Exposed To Persons Who Use Illegal Drugs And Abuse Alcohol On A Daily Basis. Please If You Know Of Lawyer That Is Willing To Save 2 Babies Of 27 Months And 16 Months Old Please Let Me Know.
Val In Nc
Wow, I truly wish you the best. I would do the following. Go to this site called targetlaw.com and put this into the search box. legal aid custody lawyer north carolina - I just did it. There are about 4 pages of attorney websites to choose from. Start calling around asap. I attached the link for you.....GOOD LUCK
Pedestrian Vs Auto Lawsuit?
I Have Many Concerns Regarding This Problem. My Mom And Little Brother Were Both Hit By A Car. The Woman Who Hit Them Does Not Have A License, Car Insurance, Or Registrations. Both My Mom And Brother Were Rushed To The Hospital Due To Severe Injuries. There Were Many Witnesses And The Police Gave The Woman A Citation.
My Parents Don'T Think They Should Sue The Woman Because She Doesn'T Have Car Insurance Anyways, So She Wouldn'T Have The Money To Pay Us. I, On The Other Hand, Am Still Hiring An Attorney For This Because I Feel Like She Should Be Punished For Putting My Mom And Brother In The Hospital With Severe Damages. I Know If We Sue Her, She Will Lose Automatically But How Would She Have The Money To Pay Us? Does Anyone Know How She Would Pay Us With Money She Probably Doesn'T Have ?
"Punishment" is not the purpose of a civil lawsuit. The State will file criminal charges against her, which is the "punishment" part of the incident. A civil lawsuit is filed by the victim - your mom - to get compensated for her damages. YOU cannot intervene in the matter, because you are not a victim.
If she hires a lawyer to sue the driver, the lawyer will almost certainly decline to take the case on 'contingency' (where he gets paid out of the winnings) because the woman would appear from what you say to be "judgment proof" - even if she loses, she can't pay. Your mom would thus be out of pocket the lawyers fees and court costs, with little prospect of ever seeing any money back.
If she does sue, and win, she will get a judgment good for, in most States, ten years, which may or may not be able to be renewed after that depending on State law. IF she happens to come into money in that time, AND you have kept track of her and find out about it, AND she is dumb enough to put the money somewhere like a checking account where you can garnish it, your mom MAY get paid. Otherwise, it's 'Welcome to the worthless judgment holders club'. There's a LOT of us in it.
Is There Difference In Alimony And Other Divorce Settlement Issue Between Nj And Ct?
If A Wife Moved For Business Reason For Her Husband, Does That Change The Result On Alimony If She Is Not Working??? Also, Does Not Having Child Custody Alter Process???
There are differences in regarding to alimony and other divorce issues between the two states. Might sound strange, but each state takes different things into consideration and the alimoney and child support financial equation differ considerably.
Unfortunately - you REALLY need to speak to a divorce & family attorney who specializes in ONLY family law. Don't go with a generalist - who practices outside of this field because most of them don't truly know the indepth ins and outs of this highly specialized area of law. At the very least - get informed and have an initial consultation - where you can pay a little $$ so you can educate yourself in terms of what is best. You asked great questions - time to get qualified responses!
The family/divorce attorney I used was great. She's apart of a highly-respected CT family law firm. She was able to meet with me after hrs (b/c I work 9 to 5); she was very accomodating and VERY patient. Very reasonable though she was extremely assertive and tough when she needed to be. She thoroughly new the law..which is what I needed. I Highly Recommend Her. Her name was Sheryl Berman - her email address was Sberman@kahnandstark.com. I don't remember her office phone # - but she was cool having me call her cell (as long as I didn't abuse it - which was very nice - how many others would do that?) Her cell # was 203.887.7813. If you call - tell her I say Hi and Thanks
Good Luck. Let us know how you make out
Need Help. Searching For A Pro Bono Lawyer?
Please Only Serious Answers, If Your Here To Joke Move On To Another Question. I Am Looking For A Pro Bono Lawyer In Lancaster,Ca To Help Me With Traffic Tickets. Please Leave Me Info. And Thank You For Your Time.
This article includes the situations where your likely to qualify for one and some associations that may help, I'm accustomed to people having to pay for assistance getting out of tickets.
What Good Is Hiring A Traffic Lawyer?
So I Got A Ticket For Speeding And Another Ticket For Driving With Liquor Readily Available. I Know I'M 110% Guilty. All I Want To Do Is Enter A Plea Bargain. I Want To Reduce The Speeding Ticket From A Major Driving Offense To A Minor Offense And Change The 'Driving With Alcohol Available' To A Non-Moving Violation, So It Doesn'T Go On My Driving Record And Affect My Insurance. (This Idea Comes From A Traffic Lawyer)
My Question Is If The Traffic Lawyer Is Going To Go In There And Plea Bargain Just As He Told Me In My Free Consultation, Why Do I Need Him When I Can Do It Myself, Now That I'Ve Talked To Him And Have A Basic Idea Of Whats Going On, Is It All That Worth Paying $450 For A Traffic Lawyer On Top Of My $530 Fine?
The first thing one is taught a law school is that " The person who represents himself in court has a fool for a lawyer".
The traffic lawyer makes it his business to know any and all loopholes and has a repertoire of legal arguments that can sway the descision to your favor. The lawyer you saw in free consultation surely didn't tell you asolutely everything that you could use to defend yourself.
Just as an example, someone who is used to going to court will know the judges by reputation and will put off the proceedings if he happens to get a strict judge. he would reschedule at a later date in the hopes of getting a more lenient judge. That is one thing for example that you couldn't do to help yourself because you don't have the knowledge.