Saturday, August 9, 2008

Getting a Divorce in Orange County? Organize This Info Now!

By Jon D. Alexander, Esq.


If you are getting divorced in Orange County, California you'll need to prepare relevant information for your first meeting with your attorney. Your Attorney will likely have you fill out a form and go over it with you. This article will give you an idea of the sorts of documentation and information that you should bring to your first consultation. Also included below is a link to a Judicial Council Form provided by the Superior Court of Orange County that many attorneys use for just this purpose.

You will need the following types of information:

1. Personal: Dates of birth, marriage, & separation. And all relevant social security numbers;

2. Property: Residence- lease or own (lease amount). If owner: value of home; mortgage payment, source of purchase funds, source of mortgage payments. Other Real Property. Life Insurance. Furniture & Furnishings- approximate value. Automobiles: approximate value. Bank Accounts. Pensions. Assets of children. Description of whether the above are considered separate property.

3. Obligations: debts- including date incurred, purpose, due date, and terms of repayment.

4. Income: Employer, occupation, monthly income, exemptions, withholdings, and if not working explain why. Do the same for spouse.

5. Liquid Assets: Checking accounts, cash, life insurance, stocks, and bonds.

6. Monthly expenses: the list is too numerous to list here, please visit the link below and review the Judicial Council Form to get a better idea of the extensive number of monthly expenses that may be applicable in your situation.

Having this information at your disposal and using the linked form will save you time and money. The more information you have prepared and organized the less time your attorney will need to compile it and prepare your case.

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Wednesday, August 6, 2008

What You Need to Know About Prenuptial Agreements

By Cristi Trusler


A prenuptial agreement is no longer just for the wealthy. Today, folks of all economic backgrounds and in all situations are deciding to legally clarify their rights and responsibilities before they get married. It can also clarify in advance how property and assets will be divided should the couple decide to divorce.

If you don't already know, a prenup is a written agreement that a couple signs before they get married. If the marriage ends in divorce or death, the prenup states what each person's property rights will be after the marriage ends. It usually lists the debts and assets of both parties.

People in numerous situations are beginning to see the positive benefits of a prenuptial agreement. It's no longer limited to the wealthy.

Couples who are blending families may find a prenup particularly useful, as it will allow them to pass on property and assets to their children while still providing for each other. In this particular case, a prenuptial agreement prevents all property and assets passing to the surviving spouse, and protects the children of the deceased spouse.

A prenup clearly states the financial rights of each party during the marriage. Consider the situation where one spouse has significant debt. If a spouse is has debts before marriage, the other spouse will not be responsible for those debts.

Prenuptial agreements can also help couples separate more amicably and with less stress should they divorce. While there are still a few states that won't allow a spouse to give up rights to alimony (sometimes called spousal maintenance) a prenuptial agreement can address whether or not the spouse will receive alimony.

A prenuptial agreement can benefit anyone, and does not indicate that you and your spouse are not fully committed to honoring your marriage vows! On the contrary, a prenup allows the couple to spell out what they expect from each other financially, and creates a more harmonious union with fewer conflicts, now and in the future.

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Saturday, August 2, 2008

The Truth About Divorces - The Costly Option!

By Dhael Winston


Probably the most crucial aspect of divorce is choosing a divorce lawyer; here's some of the qualities to look for:

* Well versed in divorce law * Have the right frame of mind for this type of work * Be consistent in their work

Ideally your divorce attorney should be spending half their time dealing with divorce cases and preferably one who is a good mediator. They will need to be someone in whom you can place your trust and feel comfortable working with so if these criteria cannot be met then you will need to look elsewhere.

Adversarial attorneys will use the hammer to crack a walnut approach which often happens when these cases go to court whereas an attorney who specializes in mediation will take a much calmer approach. To get the most from your divorce lawyer, be well prepared and have everything written down; do not waste your money and time asking questions, the answers to which are readily available.

Plan each conversation by making an agenda and write down the things you want to talk about; take notes on the content of the conversation and the amount of time spent on phone calls. Try to keep actual meetings to a minimum and where points have to be clarified, use the phone or send a letter.

An attorney does not come cheap so use them only for the purpose you hired them for, legal advice, they are not there as an emotional problem solver, there are other professionals who specialize in that area. Unless you actually want your divorce lawyer to do something about your spouse's behavior or actions, do not use them for general complaints as it is costly and probably won't achieve anything.

You really want your lawyer to know that you are in control and in charge of what is going on and that they are to help you with legal and technical issues and not to get your life straight.

If they are there purely to act in accordance with the legal issue of divorce it will be more efficient utilization of their services and you will be making the decisions. Let them know that copies of any correspondence relating to the case will need to be sent to you along with any other information and if you contact them, to reply as quickly as possible.

Don't think that you have to enter into proceedings armed with a lawyer in tow as they aren't always necessary although you may wish to speak to one just for advice on a marital settlement for example. For someone taking this route, it is only important that you approach a lawyer to have certain aspects explained once you have carried out you own research.

Some people only use a divorce lawyer to re-read and check a marital settlement they have drafted on their own but at least these people have the backup of using a lawyer if all else fails.

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