Is There a Good Time to File for a Divorce?

couple consulting a divorce attorneyMarried couples in the U.S. typically seek legal counsel in January about the involved procedures of filing for a divorce, which led the month to become the unofficial “divorce season.”

Unlike in December, which has been dubbed the “engagement month,” divorce inquiries normally increase in January before reaching their peak in the next two months.

Post-Holiday Blues

Kathryn Smerling, a New York City-based psychotherapist, said that couples normally delay their pursuit of divorce until January due to the preceding holidays. Whether the children know something is amiss, their parents try to keep up a happy disposition throughout the festive season.

A reason for the delay involves indecision, as many remain uncertain how to handle child custody and financial issues, according to Smerling. In 2018, divorce may be more common among married couples in the U.S. due to the impending tax reforms by next year. The changes include alimony payments that will no longer be tax-deductible for paying spouses. For this reason, many will try to rush the divorce process to avoid such scenario.

In Colorado, those who plan to file for a dissolution of their marriage may consult with a Denver or Colorado Springs divorce lawyer, particularly when the issue is a complicated one.

The Long Case

While some Americans hurry to finalize their divorce, there are issues that cause it to drag on (and cost more), such as child custody and support, alimony, and division of property and debt. In fact, some issues go on even after you’re long divorced from your spouse. While you may file around January, it could take longer than you expect.

Legal counsel will be one of your first options before filing for a divorce. Have you found a good lawyer? They’re your key to filing a fast and (hopefully) less costly divorce.

 

3 Miranda Law Exceptions Everyone Should Know About

woman interrogated by the policeYou know, or must know, that a police officer should give the “Miranda Warning” before questioning you when you’re in custody. Otherwise, no one can use your statements, and all the proof obtained from the interrogation against you during a trial.

However, you should know that even the Miranda rights or rule comes with three major exemptions.

1. Emergency or Public Safety

Authorities could use all statements you make during interrogation, even if they haven’t read your Miranda rights to you, against you if the interrogation was required to protect the safety of the public and the officers.

For example, in a situation where there’s a looming threat to public safety, such as a suspected terrorist attack, and police officers are trying to determine where the imminent attack is going to occur or where terrorists left a bomb, officers could continue interrogation, explains a defense attorney in Kent.

This also applies even if you’ve already invoked your Miranda rights because they could still use your statements against you in court.

2. The Informant

Confessions or statements obtained from paid informants or undercover agents such jailhouse informants, even if the government employs and pays them, do not violate the Miranda rights.

The reason for this is that there’s no coercion or intimidation involved because the suspect was not aware an undercover informant was interrogating him or her.

3. Standard Booking Questions

The Miranda rights only apply to interrogations while in custody and not before. This means that until the interrogation starts, the law enforcement officers are not legally obliged to Mirandize you. With this in mind, what exactly is interrogation?

Essentially, any questions about personal identification, such as your name, address, and birthdate isn’t part of the actual interrogation, so nobody has to Mirandize you to answer these questions.

On the other hand, once an officer starts asking you questions that might incriminate you in a crime, that’s when the interrogation begins. You need to get Mirandized before then, or else they can’t use any statement you make during the interrogation against you.

Note that courts vary on how they might apply these Miranda rights exemptions, and the laws might also differ from state to state and between federal and state courts.

With that said, if you’re facing a criminal charge, work with an experienced defense attorney so that you could fully understand the laws that apply to your case, your rights, and the options available to you.

What to Do when Preparing for Divorce

Divorce agreement paperwork being signedA divorce lawyer will give you proper legal advice and will represent you in court. Unfortunately, the lawyer who served as the mediator during the mediation process cannot represent you or your partner in a divorce trial. You may want to get referrals from family and friends when looking for a divorce attorney. The Burnham Law Firm, P.C. recommends consulting with divorce attorney in Denver.

Do Research

Divorce is common nowadays but many do not understand the process as it is complicated and involves different aspects of family law. It is best to start preparing by doing research on it. You can read articles online or see a divorce attorney. It also helps to take notes on important things such as documents to prepare.

Prepare All Documents

Prepare all the documents you need even before the divorce process takes place. This includes financial records like credit cards and bank accounts statements, retirement records, insurance policies, and pay stubs. You should also make a list of all the assets and debts attained during the marriage, as well as you and your partner’s income and expenses.

Be Financially Ready

Divorce is a long, demanding, and expensive process. You have to be financially ready for it. Make sure you have a steady source of income beforehand.

Be Emotionally Prepared

Divorce is emotionally stressful. Understand the healing process and its five stages – denial, anger, bargaining, depression, and acceptance. It may help talk to a divorce therapist. You can also open up to family members and friends about.

Divorce does not always mean failure. At times, it is the better thing to do than staying together. Regardless, you should prepare yourself for it. You have to know the ins and outs of the process and be financially, physically, and emotionally ready.

Untying the Knot: Setting Objectives in Divorce Settlement

divorce decree documentFiling for a divorce is not only about legally severing a marital tie with another person. There are other things to think about, such as your assets, finances, properties, and children. It’s likely that your life is going to be different during the process and after everything is finalized. This makes it important to have a clear idea of what you want to achieve in the settlement.

Striving to be Fair

Being realistic when setting your objectives is advisable. Keep in mind that when your case goes to court, the judge will strive to be fair to both parties. You cannot expect the judge to favor one spouse unless there’s a valid reason for doing so. Matthewsfamilylawyers.com and other family law attorneys note that the court will look at each party’s needs to continue with their lives and focus on the best interest of kids.

No Blaming

Remember that the court is also not interested why the two of you broke up or who is to blame. It’s easy to believe that you deserve more because of your ex’s mistakes and behavior. If the court will handle the case, they would take an unbiased view of the situation, particularly if kids are involved. They will also consider your current and future needs.

Clarity Matters

Being clear about your objectives and minimize further conflicts and misunderstanding. This will help your lawyer understand what you are looking and want to achieve. You also need to agree with your attorney on how to approach decisions in the divorce process. If there’s something that matters to you but isn’t financially significant, make sure that your lawyer knows about it.

When setting your objectives and making decisions, it is best to listen to what your lawyer is telling you. Keep in mind that they’re experts in divorce law and its processes. If your lawyer thinks that you are being unreasonable or unrealistic, be sure to value that advice. Experienced and reliable lawyers have your interests at heart.

What You Need to Know About Your Property’s Ownership Transfer

Modern houseTransferring your property to another party may sound like a daunting task for any homeowner. By learning what the process entails, however, you can save yourself the trouble of running into any delays or unforeseen problems. A conveyancing lawyer in Townsville explains some of the things that you have to keep in mind.

When do you need to transfer your property?

There are five common reasons to transfer your property, which include divorce and fulfilling a will or an inheritance. Other practical purposes are saving up on taxes and protecting one’s assets. Another common, albeit obvious reason, is when you want to sell your old home and eventually have to transfer the title to the buyer.

How much money do you have to prepare?

There are three types of charges that property owners should be concerned about when transferring their real estate. First is the capital gains tax, which is based on the current market value of the property. Next is valuation, which is essentially the appraised value of the property. Stamp duty is also another concern, although the buyer usually shoulders it.

Apart from completing the financial requirements to pursue the transfer, it is important to keep yourself abreast of new laws concerning the property transfer. An example is a new policy referred to as the VOI or verification of identity policy, which now requires buyers to do a face-to-face verification process to prevent fraud.

A number of laws govern changing a property’s ownership, and there are taxes and other miscellaneous costs to bear in mind. However, being informed could save you from unnecessary costs and wasting your efforts. A law firm specialising in real estate law would be able to assist you in making the process as smooth as possible.