The procedure of getting a divorce

If you are not happy with your marriage and thing do not work out, you can always go for a divorce. Best divorce lawyers can get you rid off your abusive marriage in absolutely no time and you can have the peace of your mind back! Here are few tips on how you can file for getting divorce.

Procedure to file for divorce

The procedure of filing a divorce may sound complicated to many people. As a result of this, we have written this article to guide you into it.

You must know where exactly to file

If you are state resident, you can file for divorce in that state. It does not matter where the marriage took place. To be a resident of a state, you must have lived in the state for a certain period of time, which can range from 90 days to 1 year. There can also be local residency requirements based on your country, which may vary from state to state.

Gather all relevant documents

Finding prosecutor to help you with filing for divorce is essential. Before you consult with a divorce lawyer you must gather all the documents that are going to be required in your divorce proceedings, here is the list of those documents:

  • Wedding certificate
  • Child birth certificates
  • Property deeds and titles
  • Receipt from joint purchases
  • Tax returns
  • Bank statements
  • Other records of finances of joint assets
  • Document that would prove reason for divorce, for example a proof of abusive relationship with spouse or committed adultery.

Reach separation agreement

Some states require you and your spouse to come to a preliminary agreement on child custody, child support or how you are going to split your property before you file divorce, this agreement can be for certain period of time between you and your spouse before you file for divorce.

File divorce petition

Filing divorce petition is the first step of paperwork. Petitioner will file against your spouse, fee for filing petition is around $300, but it can vary. Petition begins process of getting divorce. When you file petition, court asks respondent to respond and that is how it officially begins.

What to include in petition?

Divorce laws vary from state to state. Most of the states requires grounds for divorce which includes unfair treatment, abandonment, adultery, domestic abuse or it can be separation for a period of time. Furthermore, you may have to include what exactly do you want out of divorce such as child support, financial support.

Request temporary orders

Through temporary order, you can ask your spouse to pay for child support or spousal support or you can order your spouse to pay bills while your divorce is pending. If you are concerned about your safety, you can also get temporary restraining order against your spouse. These orders last until the divorce is finalized. If you want these orders to be continued after your divorce these details must be included in final divorce verdict.

Finalize and sign your divorce petition

After you have read and filled the form, read them again carefully to make sure the information you have entered is correct. If you have typed the form do check the typos. Make sure it has no false information in it because it will create a mess in future during your divorce proceedings.

Serve papers to your spouse

Process begins when you send papers to notify your spouse that you are seeking divorce against them. Filing fee is usually around $50, but it varies from state to state. Most states require you to serve the papers in person but sometimes court allows you to serve papers by mail or publication but keep in mind that it happens under very specific circumstances.

Ending note

These steps may sound complicated in the beginning and you might feel blank but once it starts it will go smooth, all you have to do is to go for top rated divorce lawyers Alexandria VA in town and rest your case in their hands

 

 

 

Divorce Lawyers: 4 Things To Do Before A Divorce Trial

For you to have a cheaper, less emotional, and fast divorce, it’s recommended that you go the mediation way. This is where you hire divorce lawyers or any other professionals to listen to your case and help you reach an agreement.

In the event you fail to agree and decide to head to court, you have to prepare yourself for the court battle. To help you out, here are some of the things you should do in preparation for the battle:

Understand how to testify

Are you planning of testifying in court? You need to know how to do it properly, especially if you have never done it before. When you are called to testify, you will be sworn in by the court clerk and asked to swear that you will tell nothing but the truth.

You can give two types of testimonies: direct and cross-examination. When giving a direct testimony, your attorney will ask you questions. If you don’t have a lawyer, you will have to narrate your side of the story and answer questions from the judge.

When you are done giving your direct testimony, your spouse’s lawyer will cross-examine you and ask you questions about the things you said.

When you are testifying, you should remember that you are representing yourself. This calls for you to be cautious of the information that you give out. As rule of thumb, don’t give information that is outside the scope of the question asked by the lawyer, your spouse, or judge.

Have all of the documents in place

Nothing good happens when you do things in a hurry. The last thing you want is rushing through the documents a night before your trial. The best way of going about it is by having all the relevant papers in place.

Are your financial issues in your divorce? You should have the paystubs, tax documents, W-2s and other documents at your fingertips.

When you have all the necessary paperwork in place you are able to represent yourself better thus increasing your chances of winning the case.

Have a discussion with your attorney

Before you appear in court, take time to have a sitting with your attorney and go over the process and the procedures that will be involved. During the meeting, you should review the presented evidence.

When you do this, you understand your case better. You are also familiar and set to go ahead with your trial confidently.

If you will be testifying, the attorney will guide and coach you on how to do it effectively and with confidence. The sole purpose of meeting with your lawyer is to ensure that you are fully prepared for the trial and ready to face what lays ahead.

You don’t already have an attorney? Don’t worry as you have time to hire one. When hiring an attorney, you should hire a family law attorney. This attorney has a better understanding of the law and has faced similar cases before.

You will be better off hiring a legal professional who concentrates on divorce cases.

Many people hire the first lawyer that pops up in the search results. Don’t do this. The best way of telling whether the attorney will be the right fit for your project is scheduling a consultation with him/her.

Ask as many questions as possible before you make the final decision. As rule of thumb, the lawyer should be experienced in handling similar cases. The legal professional should also be trustable and with a great personality so that you can have an easy time working together.

Keep your emotions in check

Divorce is a highly emotional process. This is usually because you have spent a lot of time with the person and now they are leaving you. The people might also have hurt you that you want to get back at them.

While this is the case, you shouldn’t let emotions take the best of you in court. Regardless of the level of animosity, you have towards your ex, don’t vent the animosity in court in front of the judge.

While you might have the impression that you are showing how much your partner has hurt you, you might be damaging your credibility in the judge’s eyes.

Best divorce lawyers Alexandria VA recommend that you try to control your emotions as much as possible. Never let the court see you as angry, unreasonable, or irrational.

Assault Attorneys: 5 Things You Should Do When Facing Assault Charges

Have you been charged with assault? According to assault attorneys, you shouldn’t simply sit back and wait for the court’s verdict. You should take measures that will allow you to protect yourself and if possible, win your case. To help you out, here are some of the things you should do:

Understand your offense

You are said to have assaulted someone when you put them in fear that you are going to hit them physically, with the intent of hurting them. If you were involved in a fight, in most cases you will be charged with assault and battery. You should note that if the fight was broken up by law enforcement officers or bystanders, you will most likely be charged with assault.

For you to be guilty of assault, the prosecutor should show proof that you were deliberately threatening the other person and you put another person in fear of immediate bodily harm.

You should take time to understand the charges before you. This is to help you to come up with a defense. It will also help you in areas to focus on when putting together your defense.

Get a defense attorney

Many people have the impression that an assault case is simple and they can solve it by themselves. There is nothing that is further from the truth than this. You should note that when you are found guilty of the charges you can serve time in jail or be required to pay a hefty fine. For you to avoid the risks that come with going it alone, you should arm yourself with an attorney.

You should be cautious when hiring the attorney as hiring the wrong one will be worse than going at it alone. Take time to find an experienced professional with a great personality. As rule of thumb, avoid a cheap professional as he/she will give you substandard services.

For the lawyer to know how to approach the case and defend you, you should tell him everything about it. You should give all the details and include everything, regardless of how minor you think they might be.

Develop a defense strategy

Work with your attorney and come up with a defense strategy. Remember, the prosecutor has to prove beyond reasonable doubt that you put your victim in fear of bodily harm. Your role is to defend yourself and prove that the fear didn’t exist.

There are a number of defense strategies you can use with your lawyer to challenge the evidence in court. The most common ones are:

Affirmative defenses: These defenses acknowledge that you committed the crime, but you had a legitimate reason for doing it. For example, you might say that you were defending yourself from attack.

Poking holes in the prosecutor’s evidence: Law enforcement officers are usually overworked thus don’t have time to do a lot of research in a case. Due to this, they are bound to make mistakes in their evidence. Work with your attorney and understand the ins and outs of the case and you will be able to identify areas that you can attack.

Put together your witnesses

You need evidence and witnesses for you to win the case. Were there people at the time of assault? Talk to them and ask them to accompany you to court and testify on your behalf. Don’t wait a few days before the case to notify the witnesses. The best way of going about it is rounding up the witnesses while the memories of the event are still fresh in their minds.

Stay out of trouble

The judge might not tell that you avoided being on the wrong side of the law but he/she will know when you are arrested for a crime. For you to be on the safe side, avoid any situations that might cause you to brush with the law. For example, if you are fond of fighting in the bar, avoid going there during the duration of the case.

You should note that committing another offense makes your work and that of your criminal defense attorneys difficult as the judge will already be having a bad impression about you.