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From the Blog
Divorce is a very emotional and stressful process for a couple to undergo, and the presence of children in the marriage makes it even more difficult. Among the first and most important decisions both partners must make in the event of a divorce or separation is which home the children will spend most of their time in. Parents who cannot come to an agreement may be forced to settle the matter in a court of law. Whether you end up in court or not, it is advisable for a parent who is no longer living with his or her spouse to retain a lawyer. The following are reasons why it is important to hire a child custody attorney to protect you and your children.
Champions your cause. For a court to grant a divorce, especially where children are involved, several issues must be addressed and settled. Some of these issues include spousal support, division of property, as well as child support and custody. When negotiating the terms of a divorce, your spouse may try to leverage these issues against you to achieve a favorable outcome for him or herself. But, with the representation of a lawyer, you will have someone to fight for the course of action that is best for you and your children. Your attorney’s primary goal will be to ensure that your interests are protected.
Objectivity. As an outsider or a third party to your divorce, a child custody attorney can be more objective about negotiating the details of your case than you. This is especially important when dealing with very contentious issues and emotions are running high. Divorce lawyers are trained to approach cases objectively, which means they are less likely to make rash decisions than you might on your own.
Paperwork and red tape. Just like any other case, divorce and child custody proceedings require a variety of filings and paperwork. Your attorney will ensure that all of the necessary documents are completed and filed with the court to keep your case in order and moving forward. You don’t want your claim to turn out badly because of your inexperience with the legal system.
Access to experts. When dealing with a divorce case, especially a complex proceeding where there are exceptional circumstances — involving, for instance, extensive property, large financial interests, or issues that put the children at risk with the other parent — a good family attorney will consult with experts in these specialized areas to ensure that you receive the best legal representation possible.
Understands custody options. There are several types of child custody that are negotiated or awarded by the court. For example, there is legal custody, physical custody, split custody and joint custody. Many parents automatically pursue physical custody since it dictates which parent gets to live with the child. The final decision is reached after a number of considerations are taken into account, including the child’s best interests. Your lawyer understands all of the scenarios and can advise you on the best option, which will be based in part on your likelihood of winning.
As you can see, hiring a child custody attorney is critical. Meek Law Firm has successfully handled countless divorce and custody cases while maintaining a sterling reputation with both the courts and our clients. For more information, contact attorney Jonathan Meek today to discuss the specifics of your case. Call (704) 848-6335 or use the contact form on the right of this page to schedule a consultation appointment.
A separation agreement is a legally binding agreement filed by a married couple in a court of law that addresses the rights and responsibilities of both spouses while they are living apart and contemplating divorce. Issues covered in a separation agreement include division of assets and debts, child custody and support, visitation schedules, alimony and more. There are compelling reasons to have a separation agreement; keep reading for a few of them.
Helps you manage your life while you live apart. A separation agreement gives a couple a chance to live separately and think clearly about the future of the marriage. It establishes how everything will be managed while you see if you can work things out.
Retain benefits on your spouse’s coverage. Unlike getting divorced where all medical and insurance benefits are terminated, a separation agreement typically allows you to continue accessing your spouse’s benefits while you are living apart. This helps to protect your financial interests.
Allows for separate property. Assets and debts acquired during a marriage are usually shared by the partners. However, property acquired during a legal separation is considered separate property. This is very important to protect assets that are gained during a period of separation before a divorce is granted.
Determines access to joint accounts. Most couples have joint savings and credit accounts and often it is difficult for them to agree on who will maintain or have access to these accounts while they are separated. With a legal separation agreement, each person’s rights and responsibilities are outlined and protected.
In conclusion, regardless of whether you believe you and your spouse will be able to work things out in the long run, it is advisable to have a written separation agreement. You will want an experienced attorney like Jonathan Meek to write it for you so he can ensure that your rights and privileges are protected during this period.
Contact Meek Law Firm today to discuss the specifics of your legal separation. Call (704) 848-6335 or use the contact form on the right of this page to schedule a consultation appointment.
A living will, which is also known as an advanced directive, is a legal certificate or document that an individual has drawn up to let people know his or her wishes concerning life prolonging medical care and treatments. It should not be confused with a living trust, which is a document used for distributing a person’s property upon their death to avoid misunderstandings or probate.
Contrary to some people’s assumptions, it is not just the elderly who need to have a living will. Adults of all ages can unexpectedly face end-of-life medical circumstances. The following are some of the key reasons to have a living will:
Makes sure your wishes are honored. A living will makes clear all your wishes during times when you are fatally ill and cannot speak for yourself, for example when you are in a coma. The document clarifies how you want to handle situations such as long-term and short-term use of mechanical breathing devices and feeding tubes, life support machines and other medical instruments.
Helps prevent misunderstandings and arguments between family members. You should expect that your family members will experience grief and be extremely emotional should you become incapacitated by a medical condition. Some of them will not be able to accept the idea of letting you go if machines are keeping you alive. In their grief, they will expend large sums of money to sustain you in this state. Too often, differing views at this time leads to misunderstandings and negative attitudes between family members that can last for far too long. By having a living will, you can prevent this from happening. No one can argue or complain when your wishes are clearly stated in a document that is enforced by law.
Gives you the ability to plan ahead. A living will gives you the opportunity to make decisions with a clear mind before you experience misfortune. Accidents happen and you should be ready of anything. By planning ahead, you can avoid unnecessary suffering, ensure that you receive exactly the medical attention you want and relieve caregivers and family members of having to make agonizing decisions about your care during a time of crisis.
As you can see, having a living will is vitally important for every American adult. Naturally, a document that is this critical must be prepared with great thought. Meek Law Firm will work with you every step of the way to ensure that your wishes are clearly stated and will be legally recognized. For more information, contact attorney Jonathan Meek today. Call (704) 848-6335 or use the contact form on the right of this page to schedule a consultation appointment.
Going through a legal action in family law in Charlotte, NC can be emotionally traumatic. Since the other people involved in the situation are generally close to you, you want legal representation that is sensitive to your needs while vigorously advocating for your side. Hiring a family law attorney should involve careful evaluation. Not all family lawyers are the same, and selecting the right one can be the difference between winning and losing your case.
It’s recommended that you hire an attorney with a specialty in the area of the law for which you need representation. Doing so can expedite your case and give you further reassurance. Viewing an attorney’s website to learn their specialties and background is an important step, but it’s recommended that you also schedule an in-person meeting with potential candidates to gauge your comfort and confidence.
Experienced family law attorneys are not only well-versed in the law, but they also tend to be familiar with the judges and unique courtroom procedures in North Carolina. When meeting with an attorney, ask them about their experience with similar cases they might have handled in the past. Small nuances such as quick replies to your questions can highlight an attorney’s skill and experience in the field. Don’t be afraid to ask difficult questions, since this critical decision can have an important influence on your case.
Hire Track Record
If the attorney has a background representing people with cases like yours, ask them specifically about their track record of success. Past success in similar cases can illuminate whether or not this attorney is for you. Ultimately, don’t base your decision on track record alone. Some attorneys have a history of taking on extremely difficult cases that may be more difficult to win, so it doesn’t mean they haven’t represented their clients interests effectively. If you want more details about an attorney’s track record, ask to speak to some of their past clients for a recommendation.
An effective attorney should be calm and confident in their preparation and courtroom style. You’ll be able to gauge these qualities during your initial meeting with a lawyer, so be sure you are selecting an attorney who mirrors the personality you’re looking for. You should also be confident in sharing intimate details with the attorney, since family law can often highlight highly personal experiences.
Meek Law Firm has successfully handled countless family law cases while maintaining a sterling reputation with both the courts and our clients. For more information, contact attorney Jonathan Meek today to discuss your needs. Call (704) 848-6335 or use the contact form on the right of this page to schedule a consultation appointment.