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7 Reasons to Hire a Criminal Defense Attorney

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One of the first questions posed to individuals facing criminal charges is whether or not they should hire a criminal defense attorney. The obvious downside is the potential costs and fees associated with hiring a lawyer. However, in many cases, the monetary fees of a criminal defense attorney are minimal compared to the life-altering costs that can result from not having the best possible defense. Below are 7 different reasons why hiring an experienced criminal defense attorney is important.

1. They Understand the Judicial System

The first and often most important reason to hire an experienced criminal defense attorney is that they understand how the judicial system works. The legal system can be confusing, even for people who work in it every day, but an experienced defense lawyer knows the intricate workings of the court systems and can help guide you through the process based on your individual case. In fact, the attorneys at Berry Law help demystify the process by providing a free step-by-step guide of the court proceedings for any individual criminal case during your first in-person consultation.

2. They Have Built Relationships with Prosecutors

After working in the legal field for long periods of time, defense attorneys begin to develop relationships with their counterparts—prosecuting attorneys. While it may seem odd to develop a positive relationship with an adversary, both parties understand that everyone has a better experience when people are familiar with each other. Having an attorney who has developed a good relationship with your prosecuting attorney can prove vital in the outcome of your case. Their relationship may allow them to negotiate a better plea deal or negotiate an affordable bond. The attorneys at Berry Law have represented clients in nearly every county in Nebraska. We know most of the prosecutors in these counties, especially those in the cities of Omaha, Lincoln, York, Grand Island, Kearney, Lexington, North Platte, and Ogallala. We can use our experience to help negotiate the best outcome for you in your case.

3. They Have Dealt with Cases Similar to Yours Before

Not all attorneys are built the same. While all attorneys passed law school and the state bar to practice in the jurisdiction, different attorneys have different specialties. An experienced criminal defense attorney has dealt specifically with cases relating to criminal charges. They have experience in handling cases that may be nearly identical to yours. At Berry Law, our team of criminal lawyers has all been practicing criminal defense for most of their careers. They know what they need to do to provide our clients with the best outcome for their respective cases.

4. They Can Protect Your Future

An experienced criminal defense attorney can fight for you and your future. A good attorney may be able to get your charges reduced, your penalties lessened, or even get your case dismissed due to police errors while illegally obtaining evidence against you. By reducing your charges, they can keep a felony off your criminal record and keep you from jeopardizing your career. By reducing your possible penalties, they can keep you from jail and help you avoid losing your job. By getting your case dismissed they can save you from any negative impact that a criminal conviction could have had on your life.

5. They Can Save You Money

It’s counterintuitive to think a more expensive lawyer will save you money, but history has shown that spending the additional money for an experienced criminal defense lawyer is almost always worth it. They can help you receive the best possible sentencing for your case, which could help you keep your job or keep you from losing your professional license. How many months of income would you lose if you lost your job tomorrow? How many years of viable earning potential would be destroyed if you are stripped of a professional license? Even without being fired, missing work for jail or extended court may cause a financial strain that could be avoided.

6. They Can Assess Law Enforcements Conduct

No amount of observation through TV, media, or Facebook, can help the average person really understand the actual legal limits of what law enforcement can do when obtaining evidence in a criminal case. Good criminal defense lawyers spend years learning the nuances of proper procedure and identifying the blind spots and loopholes. They know what police officers are allowed to do when investigating a client, and can look at every possible means by which the officers may have infringed upon the rights of the accused. If the evidence gathering was improper, the lawyer can get the evidence thrown out of your case and this can often lead to dismissals. The attorneys at Berry Law examine every aspect of the case to determine whether law enforcement acted within their limitations. Our attorneys have experience getting evidence suppressed and ultimately case dismissed due to the illegal conduct of law enforcement. View our case results page to see some of the results we have received for our clients.

7. They Can Advise You on the Possible Outcomes

Some criminal attorneys will paint a bright picture of how they can help you in your case. They will assure you that nothing negative will happen once you go to court. Then suddenly you are convicted of a felony and face 5 years in jail. The attorney assured you it wouldn’t happen, but it did because you simply trusted the system would work itself out and your innocence would be proven. At Berry Law, we know the possible penalties you will face. We can advise you on what can truly happen if you are convicted and can advise you on the steps you should take in your specific case. Our attorneys will let you know when it is in your best interest to take a plea deal from prosecutors or when you should battle the criminal charges in court. We understand how most judges in Nebraska tend to punish individuals for certain crimes and know the possibilities of getting your case dismissed.

The Different Types of Divorce

People often think of the divorce process as “one size fits all”. However, there are a number of different types of divorce processes.  The method that a couple chooses is typically influenced by how well they can reach agreement in the dissolution of their marriage.  Alimony, child support, custody, co-parenting and community property are the main issues that need to be negotiated and resolved.

What types of divorce are there?

Types of Divorce, Option #1: Uncontested Divorce

Benefits: Affordable, fast, amicable, does not require a divorce lawyer.

Negatives: Does not work if both parties cannot reach agreement on their own.

In an uncontested divorce, a couple is able to amicably negotiate the material terms of the divorce and do not need the court to divide assets or make determinations for them about spousal or child support or custody. This type of divorce is an example of collaborative law, wherein divorcing couples negotiate the terms of their marital settlement agreement without the threat of court litigation.

Sometimes referred to as a “friendly divorce”, uncontested divorce is an attractive option for a number of reason, such as time, cost, control and privacy. Online uncontested divorce is a good option for couples who can work together and agree on the terms of their marital settlement.

Uncontested divorce is far less expensive than a traditional litigated divorce and does not require attorneys or court appearances. With the exception of summary dissolution of marriage, this is the cheapest way to get divorced.

Pro Tip: The Ten Steps in Uncontested Divorce

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Types of Divorce, Option #2: Contested Divorce

Benefits: Allows a judge to negotiate the marital settlement agreement, suited for divorcing couples that cannot agree on child custody, support and community property.

Negatives: Expensive, time consuming, stressful, often becomes contentious when a divorce lawyer and judge are involved.

In a contested divorce, one or both spouses disagree about important terms of the divorce, including the division of community property, alimony and child support payments, custody or co-parenting. Contested divorce requires that both spouses be represented by divorce attorneys in mediation, and is typically much more expensive than uncontested divorce.

Contested divorce in the United States costs an average of $15,000, and can greatly exceed this amount if the proceedings become contentious.

Pro Tip: How much does divorce cost?

Types of Divorce, Option #3: At-Fault Divorce

Benefits: Allows couples to explain their grievances in court and publicly justify their grounds for divorce.

Negatives: Not available in most US states, requires the spouse who has committed a perceived “wrong doing” to contribute more financially.

Fault divorces involve one or both spouses seeking to get divorced because of a perceived wrong doing in the marriage. Depending on the state you live in and the specific circumstances surrounding your separation, a judge may find one party at fault or neither of the parties at fault in the situation. Knowing the difference between the two is important before seeking an online divorce.

Fault divorces are rarely utilized, with most states no longer recognizing their validity.

In the states that do recognize them, such as New York, a spouse can request that a divorce be granted based on an offense that they feel the other spouse has committed. One spouse files for divorce for based on an identifiable “fault” of the other person.

If one spouse is successfully able to prove the fault of the other, this can prompt the judge to allocate a larger portion of the community property and/or alimony or child support payments to the spouse that did not commit the fault.

What qualifies as a fault? Some of the most common reasons include:

  • Adultery: the person looking to apply fault must supply documented evidence of adulterous activity, which many include videotapes, phone calls and text messages.
  • Spousal abandonment for a particular length of time: this means one of the spouses has left the home where they reside with no intention of returning. If they left without the consent of the filing party and remained absent continuously, this would be considered abandonment of the marriage.
  • Prison Time.
  • Mental Illness.
  • Absence of sexual intercourse in the relationship.
  • Emotional or physical pain that was inflicted by the other spouse: this applies to cases of domestic violence or abuse inflicted by the other person.

For the states that have fault divorce as part of their legal system, this type of divorce does not require the two parties to live apart for any length of time. If the case is successful and the other party is found at fault, the person held without fault is sometimes rewarded a larger percentage of marital property (possessions acquired while the two people were married) and/or additional financial support, which is appealing to some people.

The downside to filing for a fault divorce is that the other party can object to the fault claims. These defenses can drag out the mediation further. Another downside to a fault divorce is how costly it is and how much time it requires. Divorce proceedings like these can go on for months, even years, costing both parties a lot of money in legal advice, fees and other expenses.

Pro Tip: How long does divorce take?

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Types of Divorce, Option #4: No Fault Divorce

Benefits: Allows a spouse to file for divorce even if their partner is not in agreement, does not require a divorce lawyer, does not require a spouse to prove the fault of their partner as grounds for divorce, retains privacy in a relationship because grievances are not explained in court.

Negatives: Spouses cannot be financially penalized if they have committed some wrongdoing in the marriage, such as extramarital affairs or abuse.

The introduction of no fault divorces in the 70s and 80s caused seismic changes in the world of family law. This edict allows a court to grant divorce without the petitioner or plaintiff (person filing for divorce) needing to prove the fault of the respondent or defendant (person responding to the divorce).  A “fault” or wrongdoing could be considered having an extra-marital affair, inflicting emotional abuse or secretly incurring debt that the other spouse did not agree to.

California was the first US state to allow no fault divorces in 1969. [wikipedia] Prior to no-fault divorces, the petitioner had to go to great lengths to prove wrong doing on the part of their spouse.  In cases where the fault could not be clearly proven, the divorce proceedings could be stopped by the court. This was especially problematic in cases of emotional or physical abuse by one spouse.

Stephanie Coontz, a professor of history at Evergreen State College, states that “once you permit the courts to determine when a person’s desire to leave is legitimate, you open the way to arbitrary decisions about what is or should be tolerable in a relationship, made by people who have no stake in the actual lives being lived.”

The most common reasons for no fault divorce are “irreconcilable differences” or “irreparable breakdown of the marriage.” Essentially, these are complicated ways of saying the two people do not get along anymore and no longer wish to be married or in a relationship with each other. One or both of them believe the problems they have are beyond repair and cannot peacefully coexist and live with one another any longer.

The benefits of no fault divorce include:

  • Spouses cannot be financially penalized for extramarital affairs or sexual activities. Therefore, if your spouse cheats on you, you could still be legally required to pay spousal support to your partner and give them half of your assets, depending on your situation.
  • One spouse cannot object to the filing, as the court will see that opposition itself as an irreconcilable difference. In the years proceeding no-fault divorces, a spouse could block a divorce if they raised an objection that the court agreed with.
  • This type of divorce avoids the costly blame-game type mediation that would occur if a fault divorce was sought instead.
  • Prevents divorcing couples from having to go into great detail about private details of their marriage

All states in the US recognize no fault divorces, and some states require that the couple live apart for a specified period of time before one of the spouses can formally file for a divorce. These living apart rules are in place because it’s thought that if a couple spends some time living apart, there’s a chance they could work it out and reconcile. Always be sure to check with the laws of your state before you decide to file for a divorce without a divorce attorney. The more knowledge you have about the process, the better off you will be in the long run. 

On the other hand, no fault divorces do not allow people to share circumstances and facts that led to the breakdown of the marriage, and this can be an important psychological process for some people. If it’s important for you to feel as though your voice has been heard and validated by a third party, you might opt for a no-fault divorce while sharing your story with a family therapist or counselor that specializes in divorce.

Types of Divorce, Option #5: Limited Divorce

Benefits: Ideal for spouses that need time to organize matters such as community property and child custody.

Negatives: Not considered a legal divorce, therefore spouses cannot remarry and all financial and custody claims are unresolved.

This type of divorce is not as common, and is not available in every US state. It is comparable to a legal separation and is ordered by the court when a couple needs extra time to resolve their financial and legal issues.

Limited divorce it is not a final decree of divorce.

Limited divorce is a legal action monitored by the court. Therefore, spouses cannot remarry while issues such as community property and custody are still pending and until the court issues the final divorce. Spouses can negotiate their marital agreement during a limited divorce, until the court determines they have negotiated a deal that qualifies for the full, absolute divorce decree.

The following legal mandates apply to a limited divorce:

  • Spouse cannot remarry while the limited divorce order is in place.
  • Community property claims and negotiations are still pending.
  • Decisions regarding child custody, support payments and community property are temporary until the final divorce decree is issue by the court.
  • If the court rejects a limited divorce case, the spouses would revert to being legally married.
  • The court determines which spouse is at fault, if applicable.

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Types of Divorce, Option #6: Summary Dissolution

Benefits: Inexpensive, fast.

Negatives: Only available to couples with no children and limited assets, and debts.

Summary Dissolution is an easier way to end a marriage than regular divorce and is a form of collaborative law. Similar to uncontested divorce, this type of dissolution requires a couple to work together, and possibly with a team of professionals if required, to legally terminate their marriage while avoiding court mandated mediation. The process requires less paperwork and can usually be done in less time than traditional divorce. This type of dissolution is best for couples who do not have children, are not pregnant during the time of separation, and do not have significant debt or community property. Similar to uncontested divorce cases, summary dissolution, or simple divorces, can also be done without representation of a family law attorney.

Other requirements that must be fulfilled to qualify for a summary dissolution include:

  • Neither spouse has interest in or owns real estate.
  • Neither spouse has accumulated more than a specified amount of debt since the date of marriage – requirements can vary state by state. For example, in California the limit is $5,000 and in Oregon it is $15,000. (Vehicle loans are excluded)
  • Neither spouse has accumulated more than $25,000 – $35,000 in assets since the date of marriage – the exact amount is determined by the filing state. (Cars are excluded)
  • Both parties will never request spousal support or child support.
  • Both parties agree to execute a Joint Petition and pay the court filing fees, if required by their county.
  • Both parties must sign an agreement to split community property before the Joint Petition is signed.
  • One or both spouse must fulfill the residency requirements in their state. Requirements will vary from state to state.  For example, in California at least one spouse must live in a the state for a minimum of 6 months, and 
  • Neither party is requesting a temporary court order, such as a restraining or protective order.

5 tips on being successful at family law

We recently caught up with Optimal Solicitors to discover how to be successful at Family Law. This is what they said:

“There’s a quote attributed to none other than the Dalai Lama that goes: “The best way to resolve any problem in the human world is for all sides to sit down and talk”.

If you’re in the business of family law, it might be worth having this in mind. The issues families or their individual members might approach you with will be unique and usually extremely private and sensitive matters. To be successful at family law means not only knowing the business but also being sensitive and empathetic, keeping in mind that you are dealing with flesh-and-blood human beings.

Here are our top five tips on being successful at family law, both from a personal and professional standpoint.

Be empathetic

To achieve the highest levels of success in family law, your practise should be client-focused, which means knowing what your clients need, delivering great service, providing them with value, and, of course, delivering the results you promised (at the very least).

Just like sitting down and talking is a great way to resolve problems, it’s also the best way to get to know your client. Make time for face-to-face conversations, be mindful of how long it takes you to reply to phone calls and emails, in short – be available. Be courteous in conversation, use language they can understand, and try to remember you’re dealing with human beings after all.

Show your clients they can trust you and rely on you

If you’ve shown your clients some empathy, you’re already halfway there to gaining their trust. If you’ve responded to their inquiries correctly and in a timely manner, you’re showing them that they can rely on you. Be there to guide them from start to finish and you’ll have an extremely satisfied customer, even though the situation might seem rather dismal.

However, you also need to demonstrate you have the required knowledge and skills to handle their case. Also, you need to show you can use that knowledge to help them achieve their goal and that you’re doing everything in their best interest.

There are as many problems and specific cases as there are families. You should be ready to handle any case that comes your way, be it divorce, annulment, judicial separation, children-related matters, financial settlements, domestic abuse cases, prenuptial and postnuptial agreements, and so on.

It can prove difficult to find a legal firm that is experienced in all of these areas and can handle them with the care and discretion that they call for. Although there is one firm in the UK – Optimal Solicitors – that fit the bill!

Stay up to date

You should most certainly stay updated on legal matters relevant to family law. To give a fresh example, the new “stamp duty holiday” announced in July of 2020 will surely greatly impact many families as it was introduced to help homebuyers during the COVID-19 crisis.

Laws and regulations change. In order to give actionable and relevant advice to your clients, be it families looking to buy a home or perhaps couples looking to go their separate ways, it would be wise to stay in the loop and be extremely well-informed. Small changes can make a huge difference in your clients’ lives!

Not only is it necessary to stay up to date in terms of raw information, but also in terms of your skill sets. As an example, more and more clients may want to go through the divorce process online, if they can, to avoid as much emotional turmoil as they can. Developing technical skills alongside litigation skills will greatly expand your knowledge and your business.

Build a great reputation in your line of work

If you’ve applied the above suggestions, you will have probably already gained a fair number of satisfied clients who will have spread the word of your impeccable work ethic and overall quality of work. Your reputation can grow via word-of-mouth or can be visible through online reviews. Either way, individuals or families approaching you for your family law services will need to be sure you can provide them with great service.

Conclusion

If you continue with these practices, you can rest assured that your reputation will follow and represent you. You’ll probably end up doing an even better job after each new client thanks to the new knowledge and experience you’ve gained. So, ultimately, success is inevitable!”

Who is Optimal Solicitors?

Optimal Solicitors are more than your typical law firm, applying fresh thinking to your legal quandary.

They are a niche law practice based in Old Trafford, Manchester. A well-established, multi-service law firm best known for their work in the Personal Injury field, securing settlements on behalf of claimants. Their tenacious pursuit of objectives allows them to deliver enviable results.

Top 10 Tips for Family Law Clients

Here are our top 10 Tips to reduce stress and get the best outcome during your family law issue.

1. Start as you mean to go on

Relationship breakdowns can be stressful for all. You should take legal advice as early on as possible so that you can focus on resolving issues. It is better for all to be as calm and focused as possible rather than let resentment guide you. If you start off this way then hopefully this can continue throughout your case to help achieve a swift and successful resolution.

2. Be open and honest

In all your dealings, you should be open and honest. Hiding information only results in increased costs and animosity as well as lengthier disputes. Everything always comes out in the end and depending on your situation you could find yourself not just worse off but having to pay the costs of your ex-partner.

3. Be respectful of all involved

It can be difficult to be respectful towards someone who has hurt you. However, if you are rude or difficult then this will not make your ex-partner inclined to negotiate. Seeking revenge can often be self- destructive. If there are children involved you will have to deal with your ex-partner in the future and a hostile relationship will make co-parenting very difficult.

4. Consider long term and short term

Some of your long and short-term goals may be the same but often what you need now will not help you in the future. Often people are not concerned with their pensions now but when they retire it is most people’s only source of income. Equally what you arrange for the children now will not likely affect you when they are adults. By considering both points of view it can help you walk away with a result that works both now and in the future.

5. Put the children first

In any case where there are children involved then their welfare should be the first thing to consider when you are making decisions. Children are often those most affected by family breakdowns and will remember their experience for the rest of their lives. The Court considers the children’s welfare to be vital in any case where they are involved and so should you.

6. Pick your battles

Resolving issues whether big or small is the only way to reach a settlement. When you fail to resolve the issues you will likely end up in expensive, stressful and costly contested Court proceedings. Is it worth arguing over the toaster when you are also trying to negotiate on what share of your Husband’s pension you will have? Equally, consider if it is worth arguing over the fact that on one occasion the children were handed over 5 minutes late if you are trying to secure overnight contact. Consider where it is best to exert your energy and spend your legal costs.

7. Look forward not back

Look towards when your case will be over and you can move on. If you spend your case focussed on the actions of the past and attempting to allocate blame for the relationship breakdown then this will hamper your ability to negotiate successfully. Calculating the exact number of minutes of contact you are ‘owed’ from the last two years or producing bank statements of who has bought what share of the groceries will not help your case. Look at what outcome you want and work towards that rather than trying to punish your ex-partner for the past.

8. Consider settlements

If an offer to settle is received you should consider this carefully. Often offers made will not be acceptable, at least initially. Focus on the positive and consider your options carefully. Blunt rejection of offers to settle can often inflame matters however if you accept an offer without fully considering it then you may find yourself worse off. Equally, you should not delay when considering offers as most have a time limit attached.

9. Consider all the options

Don’t be afraid to think outside the box. Often the best thing is not running off to Court. We will always help you to consider your options, sometimes the best option can be to wait and see how things evolve. Equally sometimes you need to take action quickly. Not everything requires a shirty letter or a Court application. Considering all the options can help you make calm decisions in the best interests of you and your family.

10. Don’t assume that what works for someone else will work for you

Each case is different. Relationships break down for different reasons and everyone has different finances. What is appropriate for a family with children is not the same for a couple without. Equally one parent staying at home with the children whilst the other works will impact a case differently than if both parents work full time. Whilst you may know others who have been through a similar experience remember that what worked for them will not necessarily work for you.

10 Interesting Facts About Divorce

A recent article in Business Insider asked – What makes a divorce more likely? The following are some highlights of research on the predictors of divorce and some general takeaways.

Surprising Facts About Divorce in the US
  • Couples Who Marry in Their Late 20s May Be Less Likely to DivorceList Title 2Research led by Nicholas Wolfinger, a professor at the University of Utah, found that contrary to a long-held belief, waiting longer to wed doesn’t necessarily predict a stronger marriage.Instead, the best time to marry seems to be between the early 20s and early 30s. If you wait until you’re older than 32, your chances of divorce start to creep up (though they’re still not as high as if you get married in your teens).As Wolfinger writes on the Institute for Family Studies blog, “For almost everyone, the late twenties seems to be the best time to tie the knot.”
  • Couples May Be Most Likely to Divorce in March and AugustA 2016 research presented at the American Sociological Association found that March and August bring spikes in divorce filings.The researchers say it’s meaningful that March and August follow holiday or vacation periods. In the paper, they suggest that holidays represent something like “optimism cycles” — we see them as a chance to start anew in our relationships, only to find that the same problems exist once they’re over.The researchers also suspect that oftentimes our holiday experiences can be stressful and disappointing, laying bare the real issues in our marriage. As soon as they’re over, we’re ready to call it quits.
  • Married People Who Watch Porn May Be More Likely to DivorceA recent study, which was presented at the American Sociological Association, found that married people who start watching pornography are about twice as likely to get divorced as those who don’t.The study involved about 2,000 participants over the course of nearly a decade. It found that the effect was even stronger for women, who were about three times as likely to get divorced if they started watching porn during the study period.But, as Elizabeth Nolan Brown points out on Reason, it’s possible that taking up a porn habit may signal that something else is going wrong in your relationship. Maybe you’re dissatisfied with your sex life or maybe you and your partner aren’t communicating well.In other words, it might not be the porn, per se, that’s causing marital problems. It might be a symptom of other underlying issues.
  • Husbands Who Don’t Work Full-Time May Be More Likely to Get DivorcedA recent Harvard study couples suggests that it’s not a couple’s finances that affect their chances of divorce, but rather the division of labor. When the researcher looked at heterosexual marriages that began after 1975, she learned that couples in which the husband didn’t have a full-time job had a 3.3% chance of divorcing the following year, compared to 2.5% among couples in which the husband did have a full-time job.Wives’ employment status, however, didn’t much affect the couple’s chances of divorce.The researcher concludes that the male breadwinner stereotype is still very much alive, and important for marital stability
  • Women Who Have More Sexual Partners Before Getting Married Aren’t Always More Likely to Get DivorcedWolfinger conducted another analysis that found, among heterosexual couples who married in the 2000s, women who had between three and nine sexual partners were in fact less likely to divorce than women who’d had two partners (a.k.a their husband and one other person).Women who had at least 10 partners were most likely to divorce.Meanwhile, among heterosexual couples who married in the 1980s and 1990s, women who had two or three sexual partners were more likely to get divorced than were virgins or women who had at least 10 sexual partners. In a statement, Wolfinger distilled the lessons from this research: “If you’re going to have comparisons to your [future] husband, it’s best to have more than one.”
  • The Closer a Couple Is in Age, the Less Likely They Are to Get DivorcedOne study found that the odds of divorce among heterosexual couples increase with the age gap between the spouses.
    As Megan Garber reported at The Atlantic:“A one-year discrepancy in a couple’s ages, the study found, makes them 3 percent more likely to divorce (when compared to their same-aged counterparts); a 5-year difference, however, makes them 18 percent more likely to split up. And a 10-year difference makes them 39 percent more likely.”
  • More Lavish Weddings May Predict Less Successful MarriagesThe same study mentioned above found that spending a lot on your wedding doesn’t necessarily bode well for the marriage itself.According to the researchers: “As compared with spending between $5,000 and $10,000 on the wedding, spending less than $1,000 is associated with half the hazard of divorce in the sample of men, and spending $20,000 or more is associated with 1.6 times the hazard of divorce in the sample of women.”At the same time, the study found that having a lot of guests at your wedding predicts lower odds of divorce. Couples with 200 or more invitees are 92% less likely to divorce than couples who don’t invite anyone, The Atlantic reported.
  • Divorce May Contribute to Literal Heartbreak in WomenRecent research suggests that women who get divorced are more likely to suffer a heart attack than women who stay married.As Time’s Alice Park reported:
    “Women who divorced at least once were 24% more likely to experience a heart attack compared to women who remained married, and those divorcing two or more times saw their risk jump to 77%.”For men, however, the chances of suffering a heart attack only went up if they divorced two or more times.
  • Divorce Itself Might Not Have a Negative Impact on KidsInstead, as Rebecca Harrington reported at Tech Insider, it seems to be conflict between parents that takes a toll on their children.In fact, in one recent study, children whose parents fought a lot and then divorced were less likely to get divorced as adults than children whose parents fought a lot and didn’t get divorced. The researchers say that’s possibly because the divorce put a kind of end to the ongoing family conflict.
  • Couples Who Display ‘Contempt’ for Each Other Are More Likely to Split UpBusiness Insider’s Erin Brodwin reported on relationship expert John Gottman’s research, which suggests that contempt — a mix of anger and disgust that involves seeing your partner as beneath you — is a key predictor of divorce.It’s not simply getting into a fight; it’s how you respond to your partner afterward: Do you try to see things from their perspective or just assume they’re an idiot? If it’s the latter, try replacing the behavior with a more positive, patient reaction.

THE IMPORTANCE OF HIRING A DIVORCE ATTORNEY

If you are currently going through the process of getting a divorce, it may seem tempting to represent yourself instead of hiring a lawyer. However, getting divorced can be a complex and stressful process, and having a lawyer on your side will not only ensure that you have access to vital legal advice but also, by hiring an attorney you will have someone to lean on who can help you through the divorce proceedings. A lawyer will be there for you and will be able to help you get through this difficult time as painlessly as possible. If you or your spouse has begun the process of filing for a divorce, here are just a few of the reasons to consult an experienced divorce attorney.

Top Benefits of Hiring a Professional Divorce Lawyer | Letrollauxtrousses

Serves as a Mediator Between You and Your Spouse

When couples go through the process of getting divorced, it is not uncommon for there to be feelings of anger and resentment that can add fuel to the flames, which can lead to the divorce being messier than it needs to be. Hiring an attorney can then be beneficial as your attorney can act as a mediator between you and your spouse, which can prevent things from getting out of hand. Additionally, if you are on particularly bad terms with your spouse, you could choose to communicate primarily through your attorneys, lessening the amount of time you have to spend in painful/awkward communication with your spouse.

Objective, Expert Advice

No matter how hard you try, it is impossible for most people to stay detached and look at things objectively during the divorce process. This is where it can be helpful to have an attorney guiding you through these complex issues, as they can act as an objective third party who can help you make rational, emotionless decisions. You will also benefit from advice that is not only objective, but that comes from an attorney who has handled multiple cases similar to yours, and who will then have the expert knowledge required to make your divorce as quick and stress-free as possible.

Ensure You Get Your Fair Share

By working with a seasoned divorce attorney, you will also be more likely to get your fair share during the divorce proceedings. Were you to attempt to go through your divorce alone, your spouse may try to take advantage of you, and prevent you from getting a fair share of the assets you own together. An attorney will help you to divide things as equitably between the two of you as possible.

Familiarity With State Laws

Perhaps the most important reason to hire a divorce lawyer is that you are likely unfamiliar with the intricacies of your state’s divorce laws. Every state has different laws regulating how divorces should take place including laws governing how assets should be divided, who will have custody of the children (if applicable), and if spousal support is necessary. Your attorney will be able to take all of this into account and will make sure that your divorce follows all of the laws in your state.

Going through a divorce can be painful enough; do not make this time more difficult than it has to be by trying to go through your divorce without the help and guidance of an attorney. By hiring an attorney, you will ensure that there is someone to help you through each step of your divorce who is watching out for your best interest. Additionally, a divorce attorney will be able to handle all of the complex legal documents and will make sure that you are in compliance with your state’s divorce laws. Contact us to learn more about how hiring a divorce attorney could benefit you as you go through this difficult time.

Tennessee Divorce FAQs

There are several technical requirements you must meet in order to pursue a divorce in Tennessee. Continue reading to learn more.

Find the answers below to some common questions about filing for divorce in Tennessee. (For more information on Tennessee family law, see the information and resources on our Tennessee page.)

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How long do I have to live in Tennessee before I can get divorced?

Generally speaking, you have to reside in Tennessee for at least six months before you can file for divorce in the local courts. (Tenn. Code Ann. § 36-4-104 (a).) If you or your spouse are in the military and stationed in Tennessee (but you have a permanent residence in a different state), the court will permit you to file for divorce in Tennessee if you’ve lived in the state for at least one year before filing. (Tenn. Code Ann. § 36-4-104 (b).)

If I moved out of the marital home to another state, where do I file?

Most states have residency requirements, which means you must have established a permanent home in the state before you can file for divorce. Residency requirements prevent spouses from “forum” or “judge” shopping by moving to new states that may have more favorable divorce procedures for the spouse. For example, Michigan divorce law requires that the filing spouse reside in the state for at least 6 months and the county for at least 10 days before filing for divorce. (Mich. Comp. Laws § 552.9 (1).)

You must be a resident of Tennessee for six months to file for divorce here. You may file in the county where you or your spouse live, so if your spouse still resides in Tennessee, you can file in the county where your spouse lives, even if you no longer live in the state. (Tenn. Code Ann. § 36-4-105 (a).)

If you’re unsure of where you should file for divorce, you should contact a family law attorney before submitting any paperwork.

What if my spouse lives in another state?

Your spouse living in another state may make your case more complicated. An attorney can help you weigh the pros and cons of filing in Tennessee or in the state where your spouse lives. If the court in Tennessee does not have jurisdiction (the power to accept your case), you may be wasting your time and money if you file here.

Why is it more difficult? Divorces take time and, in many situations, court appearances that you will need to attend. Additionally, you’ll need to “serve” divorce papers on your spouse out of state, which can be costly and time-consuming.

How do I serve papers on my spouse?

In all states, including Tennessee, the spouse filing for divorce must provide the other spouse notice of the case, by making sure the spouse receives copies of all of the divorce paperwork. The court may refer to this process as serving papers, which means giving official notice by delivering a copy of the divorce petition to your spouse.

To properly serve your spouse, you can request a sheriff or a process server in your spouse’s home state to deliver the documents. Additionally, you can ask an adult family member or friend to hand-deliver the paperwork if it’s safe to do so. (Tenn. Code Ann. § 36-4-103 (a).)

Alternatively, you may send copies by certified mail to your spouse’s residence or, if you don’t know where your spouse is, publish a legal notice in a newspaper selected by the court. (Tenn. Code Ann. § 20-2-215.)

How much does it cost to serve paperwork?

The cost for service depends on how much the local sheriff or private process server charges, but usually, fees are under $75. Publishing a legal notice can be more expensive, however. Depending on the newspaper, you can spend $100 or more.

In all states, including Tennessee, the spouse filing for divorce must provide the other spouse notice of the case, by making sure the spouse receives copies of all of the divorce paperwork.

Do my spouse and I need lawyers if we agree on everything?

Technically, no. If you agree on all divorce-related issues, such as property division, child supportchild custody, and spousal support, you can present a signed settlement agreement to the court. (Tenn. Code Ann. § 36-4-103 (b).) But as a practical matter, an experienced family lawyer will still need to draft your agreement to make sure everything is accurate. A divorce is a lawsuit.

Remember, there is no such thing as a standard divorce. There are many things you will need to consider during the divorce that it makes sense to hire a lawyer to explain things and represent only your best interests. Very few lawyers will represent both parties because of the potential for a conflict of interest.

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What is a conflict of interest?

A conflict of interest happens when an attorney’s duty to a client is compromised. An attorney who represents both spouses in a divorce might face such a conflict if a benefit to one spouse would be detrimental to the other. If one lawyer represents both spouses, the lawyer cannot advise them in negotiating for better settlement terms.

What are the grounds for divorce in Tennessee?

Tennessee law requires a filing spouse to list a reason or “ground” for the divorce. The law allows divorce on either fault or no-fault grounds. Fault grounds mean that one spouse’s behavior during the marriage caused the breakup.

A fault divorce can be expensive and time-consuming because you have to submit sufficient evidence to prove the misconduct you claim caused the divorce.

The fault grounds for divorce are:

  • either spouse, at the time of the marriage, was and still is naturally impotent and incapable of procreation
  • either party has knowingly entered into a second marriage, in violation of a previous marriage that has not ended
  • either spouse has committed adultery
  • either spouse has willfully or maliciously deserted or left the other, without a reasonable cause, for one year
  • either spouse has been convicted of a crime which, by the laws of the state, renders the party infamous
  • either spouse has committed a felony and been sentenced to confinement in the penitentiary
  • either spouse has attempted to take the life of the other, by poison or any other means showing malice
  • either spouse has refused to remove with that person’s spouse to this state, without a reasonable cause, and has been willfully absent from the spouse residing in Tennessee for two years
  • the wife was pregnant at the time of the marriage, by another person, without the knowledge of the husband
  • habitual drunkenness or abuse of narcotic drugs by either spouse, when the spouse has contracted such habit after marriage
  • either spouse is guilty of such cruel and inhuman treatment or conduct towards the spouse as renders cohabitation unsafe and improper, which may also be referred to in pleadings as inappropriate marital conduct
  • either spouse has offered such indignities to the other spouse’s person as to render the other spouse’s condition intolerable, and thereby forced the other spouse to withdraw, or
  • either spouse has abandoned the other, or turned the other out of doors, and refused or neglected to provide for the other while having the ability to do so. (Tenn. Code Ann. § 36-4-101.)

A no-fault divorce is one alternative to a fault divorce. With a no-fault divorce, the spouses do not blame each other for the breakdown of the marriage. Instead, they simply tell the court they want a divorce based on “irreconcilable differences,” which means they can’t get along anymore and no longer want to be married.

Finally, you can ask the court to grant you a divorce based on separation. In order to qualify for this, you must be able to show that you have been living in separate residences, and not cohabiting as spouses, for at least two years (this ground applies only if the couple has no children).

How long does a divorce take?

mutual-consent, no-fault divorce takes about two to six months. If there are no children in the marriage, there is a mandatory 60-day “cooling-off” period after the spouse files the complaint. If the couple has children, it takes a minimum of 90 days. (Tenn. Code Ann. § 36-4-101 (b).)

A contested divorce can last years, with the average case lasting a year or more. Finally, if the spouses agree to divide a pension, it might take an additional 60 to 180 days after the court grants the divorce to complete the division.

Can I get an annulment?

Rarely. Annulments may be available if the marriage was illegal (for example, incestuous) or based on fraud or duress. The court will also approve an annulment if one party was underage at the time of the wedding. The rules and applications for annulment can be complex, so it’s best to speak with an attorney to discuss your options.

An annulment is similar to a traditional divorce because both processes end the marriage. However, after an annulment, the court treats the couple as though they were never married.

Despite an annulment effectively erasing the marriage, the effect of annulment will not render the couple’s children illegitimate. In other words, if you had children during a marriage that the court later annuls, the law treats the children the same as if you and your spouse were legally married and divorce. (Tenn. Code Ann. § 36-4-125.) It’s also important to understand that if you request an annulment, the court will not award alimony to either spouse.

What is a legal separation?

In effect, a legal separation allows the court to award one (or both) spouses financial support and maintenance without an actual divorce. The legal separation process is similar to traditional divorce, so it can be as time-consuming and expensive as a divorce, but in the end, you’re still married.

Separation can be an appropriate way to end your partnership if religious or other reasons require you to stay legally married. However, at the end of a legal separation process, you and your spouse will remain legally married, so the law prohibits you from marrying someone else until you complete a traditional divorce. (Tenn. Code Ann. § 36-4-102.)

Do I have a right to a jury trial in my divorce case?

No. If the case goes to trial, the judge will make the final determinations.

What about mediation?

Mediation is a confidential, out-of-court method for spouses to settle the divorce without asking a judge for help. A mediator is a trained, neutral third-party who will facilitate a conversation between the spouses to settle any divorce-related issues. Mediation is most beneficial with custody and visitation issues because the spouses will have to maintain an ongoing constructive relationship to parent their children successfully.

Mediators usually recommend that the parties review any potential settlement with independent counsel before signing. Mediation works best when the parties come to the table in good faith and fully disclose their assets and debts. (Tenn. Code Ann. § 36-4-130.)

Can I change my last name at the time of divorce?

Yes. The only limitation is that a person cannot change names to perpetrate a fraud. It’s common for divorcing spouses to change from their married last name to the name they used when they were single.

Resources

If you have additional questions on filing for a divorce in Tennessee, you should speak with an experienced family law attorney. Additionally, you can find approved divorce court forms on the Tennessee State Court Website.

The Positive Side of Divorce

No matter the circumstances of a divorce, the people involved will always experience some form of turmoil – whether it’s emotional, personal, or otherwise. After all, people go into their marriage with the hope that their relationship will continue to stay strong for the remainder of their lives. However, maintaining a relationship is difficult, and in some cases, problems can occur that simply make it impossible for the marriage to continue with a sense of comfort, and trust. Unfortunately, when married spouses are forced to consider the potential for single life, they can face several concerns, about how they’re going to ensure financial stability alone, and how they will regain their confidence.

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Of course, that isn’t to say that divorce is always a completely negative process. If you find yourself in a position where you simply cannot find happiness in your marriage, then a divorce may help you to retake control of your life and find the future that works for you. Though it’s easy to get lost in the heartache surrounding the end of a relationship, it can also be important to draw attention to the potential positives that can come from divorce and the sense of freedom that comes with extracting yourself from a toxic situation.

In some situations, when a marriage ends, the restrictions that have prevented a person from seeking a happier life crumble away with it. After all, if your relationship has made you unhappy, stressed, or even depressed, then getting out of that situation is the first step to healing, and discovering a more fulfilled version of yourself. Mr. Darren Shapiro often finds that his clients move on to live more peaceful lives after their divorce is completed – even though the initial feelings of filing that paperwork can be distressing. If a relationship cannot work, then both sides need closure if they want to move on with their lives. While each might miss the other from time to time, they will also gain the freedom that allows them to open up a new chapter of their lives.

Escaping a conflict-rich relationship can be particularly important for spouses who are exposed to regular abuse. For these people, divorce finally allows them to escape a horrific situation and discover a new life. However, even if you didn’t experience abuse in your marriage, it’s important to remember that no one should be forced to live a life that’s rife with unhappiness. Sometimes relationships simply don’t work – and that’s nothing to be ashamed of. You may even find that your divorce allows you to meet the person that you were truly meant to be with – or explore other, more fulfilling relationships.

One very important aspect to be aware of when you are considering divorce is that breaking apart a marriage doesn’t necessarily doom your children to development issues. Mr. Darren M. Shapiro frequently finds that his clients are concerned about the impact that their divorce will have on their children. However, the truth is that although divorce can be hard on all the members of a family dynamic, it can also help your children to understand that life doesn’t always go according to plan, and sometimes people need to make changes to find happiness. While divorce will always be a complicated process, it can be much better than the alternative – exposing your child to a high-conflict relationship. Usually, as Psychology Today outlines, the negative impact of a divorce can be minimized with the use of routines, reassurance, and rituals.

In some cases, parents may be able to further reduce the negative impact of divorce by staying away from high-conflict scenarios like litigation. For example, those who feel that they might be able to make the most of a negotiation-friendly solution might consider the process of mediation. Through mediation, parents and ex-spouses can discuss their needs in a safe and supportive environment with an objective mediator. Mr. Shapiro frequently recommends mediation to his clients when they want to attempt to maintain positive relationships with their ex-spouse, or simply avoid the negativity inherently present in litigation. Though this solution won’t work for everyone, it can be a positive option for many individuals who want to reduce the confrontational aspects of ending their marriage.

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Additionally, it’s worth noting that financial concerns can represent a huge issue for people considering divorce. Many people are concerned that they won’t be able to maintain a comfortable lifestyle when they separate from their spouses. However, it’s important to remember that you shouldn’t feel trapped within an unhappy marriage simply because you’re concerned about money. While divorce can be an expensive process, there are ways that you can minimize your expenditure. For instance, mediation is typically less expensive than litigation, and during the course of your divorce, you may be able to protect yourself from future financial disruption.

If children are involved in a divorce procedure, then the New York Courts will place their interests first when making decisions regarding support and maintenance. However, in most situations, they will do their best to ensure that no spouse is destitute as a result of a separation. If you are considered the “less-monied” spouse, then you may be able to access support or maintenance. What’s more, if you take on primary custody of the children, you could also receive child support payments too. If you are the more monied spouse in a relationship, then you can stop your ex-spouse from receiving an inheritance, or gaining access to future assets you might receive following the completion of the divorce. Crucially, the payments offered to any person in a divorce will center around several factors, as Mr. Shapiro reminds his clients, though there are guidelines in place under the New York law since 2016.

Mr. Shapiro recognizes that divorce is always a complex process – but that doesn’t mean there can’t be positive aspects to it. If you believe that you could benefit from divorce, please contact our principal, Mr. Darren M. Shapiro at your earliest convenience for a free thirty-minute consultation. Our office litigates, negotiates, mediates or practices collaborative law depending on the specifics of each individual matter. You can call at

The Secrets to Building a Good Relationship with Your Lawyer

How to Create a Good Attorney-Client Relationship | Paul M. Graziano

Although most people don’t want to use lawyers, most will need one at some point. To improve your overall experience, follow these important rules for building a solid client-attorney relationship:

Choose the Right Lawyer

No lawyer is thoroughly knowledgeable about every type of law. Think through what you need a lawyer to do and invest some time finding the right one to solve your problem, whether it’s European data privacy or collecting child support payments. By using the right lawyer, you will avoid paying someone to learn a new area of law on your dime. For example, if you need help with a commercial office lease, do not rely on an attorney who primarily does immigration law. You will regret it.

Lawyers in Utah are not allowed to say they are an “expert” in an area of law, so you may need to ask others for recommendations, research their profiles on their websites, or quiz a potential lawyer about their experience with the specific type of work you need to be done. Spend five to 10 minutes talking with the lawyer to see if there is rapport. If you do not feel comfortable talking with him or her, then move on to another prospect. A good relationship helps create good results.

Prepare Yourself

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Think about what you want your lawyer to accomplish. What are your goals? What would be the best result and what would be an acceptable result? What can you give up? What are your biggest concerns?

Gather up the details you would expect a lawyer to need, such as copies of contracts and notes about phone calls, names, and addresses. By helping your lawyer be efficient, you can lower your bill, set the performance standard higher, and most likely see a better end result.

Set Expectations

Whether starting a relationship with a new lawyer or resetting an existing relationship, work together to set agreed-upon expectations. How often do you expect an update? What method of communication do you prefer (phone, email, letters)? How quickly will calls or emails be returned?

To keep money issues at a minimum, find out the lawyer’s hourly rate at the start. Ask how often invoices are sent as well as payment terms and methods. Ask whether a retainer will be required and what is billed in addition to time (telephone calls, emails, postage, etc.). Inquire about an expected total fee
for your project, which will make it harder for the attorney to significantly exceed the estimate without a good reason. For some matters, you can ask for flat-fee billing. These may be uncomfortable questions, but asking upfront can avoid real discomfort when the invoices arrive.

Don’t Waste Time

Lawyers basically sell their time. To keep invoices in line, be concise with requests and avoid chitchat unless you expect to pay for the privilege. Avoid rambling emails and long phone calls repeating what you have already communicated. If you are concise and polite, you increase the chances of regular and effective communication within your budget.

Accept Advice, but Understand the Attorney Role

A lawyer has a duty to represent you as his client as well as a duty to the court system and various professional ethical rules. Your lawyer will have the right to decide how some legal procedures are carried out, but generally, the role is to advise you of legal risks and describe strategies or options to accomplish your goals within the law. Most lawyers will lay out choices, but expect you to make an informed decision based on your business goals, risk tolerance, the projected costs, and other factors important to you. Your lawyer will often make a recommendation, but will not make a decision for you because how you choose to balance the factors involved will determine whether you will consider the outcome a success.

At the same time, if you consistently ignore your attorney’s advice, it will undermine the relationship and the attorney may suggest you find a different lawyer better suited to your goals or temperament.

Pay Your Bill

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Lawyers are often pressed for time. They fear running out of work, so they may take on more work than they can comfortably manage. Other things being equal, your lawyer will most likely choose to work on matters for clients who pay their bills on time. Abraham Lincoln recommended always collecting payment in advance so it was clear the lawyer knew he had a client and the client knew he had a lawyer. It is still good advice.   

How to Find the Right Family Law Lawyer

How to Find the Best Lawyer to Fight Your Family Case | Attorney at Law  Magazine

At some point in one’s life, a person will encounter a family law matter from marriage to child custody that will require legal settlement. Since family law refers to legal concerns surrounding the marriage, divorce, child custody and support, and other related issues, the individual involved must have a family law attorney who can provide the best legal advice and representation. Hiring a family law lawyer can be financially and emotionally exhausting. Therefore, it is essential to get an attorney from a law firm dedicated to family law matters. Here are some tips on how to find the right lawyer who can represent you in court or work out the best legal settlement.

Do Your Research – While most law firms you see online put up the good advertisement of their family law lawyers, doing your homework will help you trim down to the best attorneys for you. Search the internet for the best lawyers in your area who can represent you in court. Find someone who can give you the legal advice you need during these times. By doing your research, you can land the right attorney for the job.

Find an Attorney You’re Comfortable Working with Your Legal Case – Since there are many lawyers out there, it’s essential to find someone you can trust with sensitive information. An expert lawyer is a good start but is not enough if you’re not comfortable working with him or her. It is crucial to find someone whom you can trust and communicate with during the legal process.

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Interview Qualified Attorneys Before You Make a Decision – The best way to find a good family law lawyer is by interviewing qualified attorneys. In doing so, you will see who’s the right one for you. You’ll have a quick look at who’ll potentially represent you in court when you interview family law attorneys in your area.

Check the Fees – Although you need legal advice and representation, you don’t have to spend a lot of money to get the best legal services. Ask for options such as a flat fee so you can keep your expenses at bay.

Look for Expert and Well-Experienced Attorneys – Find an attorney who knows the ins and outs of family laws. Additionally, the lawyer must have enough experience and know-how to handle different situations throughout the legal process. 

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GHC Law Firm features some of the best family law lawyers who have the expertise and experience to give legal advice, help with settlement and litigation, and assist you in other areas of family law matters. If you’re in need of expert legal assistance, contact us today, and we’ll be happy to give you a hand!