Just about Legal Reviews
Muslims residing in the State of New York are in a dual situation when it comes to the implementation of family law. On one hand, they are governed by the religious law of Islam, known as Islamic sharia, and on the other hand, the secular family law of the state of New York. To Muslims, the family law of Islam mandates that marriage and divorce among Muslims should be done in accordance with the Islamic sharia, regardless of whether they live in an Islamic or secular country. Civil divorce decrees obtained by secular courts are not recognized by Islamic sharia.
Under Islamic law, a Muslim man may marry a non-Muslim woman, whereas a Muslim woman is prohibited from marrying non-Muslim man. Under these rules, a non-Muslim woman marrying a Muslim man in compliance with Islamic sharia is subject to the rules of Islam in the areas of divorce, child custody and inheritance. In other words, a non-Muslim woman who gets married to a Muslim man in accordance with Islamic sharia, loses custody of her children in case of divorce, or in case the husband dies. Consequently, a non-Muslim woman marrying to a Muslim man is forced, under the rules of Islamic sharia, to surrender custody of her son when he reaches the age of seven, and her daughter at the age of nine. She also prohibited from inheritance. These rules are applied throughout Muslim countries with a system of sharia-based family law in place.
Marriage Contracts in Islamic Sharia
Under the rules of Islamic sharia, the marriage contract should include: (1) names and addresses of the couple; (2) name of the guardian of the bride; (3) names and addresses of two male witnesses; and (4) the amount of mahr, or a promise of money or its equivalent to be given by the husband to the bride. Like any other civil contracts, Islamic marriage contract should be in the form of offer and acceptance by the parties.
Contrary to the popular notion that mahr is dowry; it is not. A dowry is what the wife contributes to her marriage while mahr is an obligation on the husband to pay his future bride. Others call it a gift; it is not a gift either, because mahr is an obligation on the husband and is mandated by the Quran. The Quran calls it sadaq (Quran 4:4). If no stipulation of mahr is provided in the marriage contract, the marriage remains legal and in effect; in such a situation, the “qadi” (judge) will determine the amount of mahr, which remains a property of the wife alone. The amount of mahr can be paid partially: up-front (Arabic, muqaddam), and deferred until divorce or death of the husband (Arabic, muakhar), or it may be prepaid in full before the consummation of the marriage.
Legal Status of the Mahr Provision in Islamic Law
The most important feature of the mahr provision is that one party makes an offer and the other can accept or refuse to accept. It is a financial settlement between the couple in case a divorce occurs or the husband dies. Although, Muslim women do not personally bargain for the mahr agreements, and, in almost all of the divorce cases that I have seen so far, in the Middle East, Europe and the United States, Islamic marriage agreements involving mahr are negotiated by the representative (Arabic Wali) of the bride.
In the State of New York, an Islamic marriage contract involving mahr may be considered premarital agreement for a divorce settlement. In legal terms, this is called a concurrence of wills or meeting of the minds of the future husband and his future wife. This also means that each party from an objective perspective engaged in conduct manifesting their acceptance, and a contract was formed when both parties met such a requirement.
The basic rule is that a premarital contract will be interpreted and enforced in accordance with the law of the state in which it was entered into. Thus an Islamic marriage contract signed in Egypt according to the Egyptian law for example, must be interpreted according to the law of Egypt. The Restatement of the Law Second Conflict of Laws 3d, Chapter 8, Contracts, is clear about the law for the state chosen by the parties to a contract. The text of the Restatement reads: “(1) The law of the state chosen by the parties to govern their contractual rights and duties will be applied if the particular issues is one which the parties could have resolved by an explicit provision in their agreement directed to that issue.”
Looking at both academic and case studies in this area of law, this article points the reader in the direction of the current trends in the treatment of mahr in New York State and to address Islamic family law issues relevant to New York State law and the working of its legal system. The mahr provision in an Islamic marriage contract has been interpreted differently in other states. For more information on treatment of mahr in other states, the individual should seek legal advice.
Interpretation of the Mahr in New York State
Muslim men and women assert their Islamic legal rights in American family courts; as a result, Islamic sharia governing their marriages and divorces becomes an important and complicated part of the American legal landscape. This leads to a discussion of court cases involving Muslim marriage and divorce litigations in the State of New York, as well as whether New York courts will enforce the terms of Muslim marriage contracts, mainly the mahr provision.
New York courts have jurisdiction over divorce cases within its territory, with specific focus on premarital contract structured in accordance with foreign laws. And, various state courts have found no public policy prohibition in enforcing such agreements. In New York, a mahr agreement may be interpreted within the context of a contractual obligation.
In Aziz v. Aziz, the couple entered into a mahr agreement which required the payment of $5,032, with $32 advanced and $5,000 deferred until divorce. The New York court ruled that the contract conformed to New Yorks contract requirements, and that “its secular terms are enforceable as a contractual obligation, notwithstanding that it was entered into as part of a religious ceremony.” (See Aziz v. Aziz, N.Y.S.2d at 124).
In this case, the husband argued that the mahr agreement provided in the Islamic marriage contract could not be enforced because it was a religious document and was not enforceable as a contract. The wife responded by stating that although the mahr is a religious stipulation; its secular terms can be properly enforced by the court. The court agreed with the wife and ordered the husband to pay the deferred mahr. The court found that the mahr agreement complied with the necessary statutory requirements to be recognized and enforceable as a premarital agreement and held that the secular terms of the mahr agreement were “enforceable as a contractual obligation, notwithstanding that it was entered into as part of a religious ceremony.” The court stated that the mahr agreed to by the couple constituted a secular debt of $5,000 and ordered the husband to fulfill the terms of the agreement.
The case was based entirely on another New York of Appeals case of Avitzur v. Avitzur involving a Jewish Ketubah in which a Jewish woman sued for specific performance to force her ex-husband to appear before a Beth Din (Jewish Court). Under Jewish Law, only a man can grant a divorce, or “Get”. Until he does, the woman cannot remarry within the Jewish faith to anybody. Her children will then be considered illegitimate. In order that a “Get” may be obtained, both husband and wife have to appear before the Beth Din. The husband refused to appear, leaving the woman in a state of marital limbo, making her an “agunah.” The New York Court of Appeals found that the Jewish ketubah constituted a valid premarital agreement that could be enforced despite the religious underpinnings of the agreement.
Conclusion
As the second largest religion, and with the number of Muslims immigrating to the United State on the rise, American courts are more frequently looking into Islamic divorce litigations between Muslim couples. Out of respect to Islamic law and culture, American courts attempt to apply certain provisions from Islamic sharia, such as the mahr contract in divorce cases involving Muslim couples. By doing so, American courts risk involving their arguments with gender and economic inequalities between Muslim men and women, leaving Muslim women destitute. The application of mahr agreements in Islamic divorce in the United States prevents women from exercising their rights to equitable distribution of marital assets upon divorce. If the courts need to extend their respect to Islamic law in divorce situations, they should look into whether the wife had a choice in signing the mahr agreement. Muslim women do not personally bargain for the mahr agreements, and, in almost all of the divorce cases that I have seen so far, in the Middle East, Europe and the United States, the Islamic marriage agreements involving mahr are negotiated by the representative (Arabic Wali) of the bride. Other states do not regard the mahr to be a premarital contract. Individuals seeking information on the treatment of mahr by other states should seek legal advice from a competent attorney.
DISCLAIMER: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
Republishing of this article is hereby granted by the author.
I can sleep with her, marry her, take care of her, but love thats something else,” said Tony, a married man in his late forties. “Guys dont like to talk about love. They dont know what to say. Of course guys do love. But they express it differently.” Despite this fact, most women do not feel happy unless they hear those golden words, I love you. Men need to hear them as well. And yet, as much as men want love, many fight it to the last minute. Love can make men feel vulnerable, childlike, and unable to do whats expected of us, especially those who believe theyre functioning in a dog eat dog world.
Different types of men express their love differently. In fact, love means different things to a man, at different times in his life. A woman needs to be alert to who the man she is with is, and what love means to him. Although most women wait to hear the golden words, “I Love You,” there are many different ways that men use to express what they are feeling.
The first way is simply by saying “I Love You.”
Actually, saying these words is a huge step for some men. It means a lot more than simply expressing a feeling. For some it feels like a life commitment, for others it is fraught with danger.
“When I say I love you,” said Steve, “I feel like Im taking my life in my hands and giving it to her. Its scary. Ive got to really trust her and know she wont throw my love away in order to actually say the words to her.” In this case the fear of rejection comes up strongly. Rejection is enormously painful for most men, and saying “I Love You”, can be an invitation to be hurt. Most men must feel very secure in the relationship and in the womans feelings for him, before hell dare say those words. For others, saying “I love you,” means, Im offering a commitment. Im going to be here to do things for you.
For many men, love is expressed through action, so these words are a promise of what is to follow. Simply by saying these words they feel they are agreeing to be there to give to support her. If they dont do it, theyll feel like a heel.
For others, the words means, Im not leaving, or Ill always be faithful. This can be very scary for some men. They feel the words themselves are a promise, and if the promise is broken, they will suffer as well.
However, there is another type of man, The Lovers, Dreamers and Peter Pans, who enjoy falling in love and letting the world know it. These men will say “I Love You” easily.
There are many different motives behind their words though.
Some say it to get a woman to make love with him, others to enter into a romantic fantasy, some to feel as though they are the great lover of all time. By saying these words, others seem to be offering the woman the world ( that they have no intention of giving.)
Others say it just for the sheer pleasure of seeing how good it makes the woman feel, and how powerful this makes him feel.
The present lifestyle for every person has been changed and every day they are suffering with some hectic and busy schedules. In these situations, most of the people are unable spend life with their beloved life partner. So, it has been observed that so many couples are obtaining a divorce, and they want live individual. One thing we need to remember that taking divorce is one of the most painful experiences and most of the people are not interested to take divorces. According to one survey report, millions of people in America are interested to take divorces and there are so many cases are coming here in courts. Especially, for those people who are having minor children, taking divorce is really hectic for them. For this instance, most of the people are interested obtain the services from the well established and experienced divorce mediator agencies to get some essential help.
However, most of the spouses who are seeking divorce often have an attorney long before the other spouse is even aware there will be a divorce. In that painful situation, most of the people are not able to obtain the services the lawyer and sometimes, they are not able to find best lawyer for their needs. Finding the best lawyer for our needs is a really hectic and in that situation, it is one of the added stresses to everyone. With the advent of the internet technology, we are able to get so many services from our comfortable home. Most of the time finding attorney is not a hard thing. You need to consider so many things before you are selecting a lawyer to obtain the services. You need to take the right decision and also one thing you need to know that your future will depend upon this decision. In these days, you can find so many attorneys who are having plenty of experiences in divorce law. There are so many web sites are offering these services to their valuable clients.
And also it is a better idea to know someone who has been divorced and this type of referral can be the bets kind. And also you need to obtain some best attorney capabilities. Most of the web sites are offering these services depending upon your requirements. In these technology days, most of the people are interested obtain these services through online. Finally, there are some well established and experienced web sites are offering these services to their clients. These divorces mediation firms are having some experts to begin the process by filling out the paper work, depending upon the laws of your jurisdiction, after that you can submit all the required paper to the court. For more information and details, please visit their valuable web site.
Whatever the reason for a couple to divorce, the effects on children can be harmful.
Children love their parents equally and whatever the reasons for a husband and wife to want to end their marriage and go their separate ways, it can not be forgotten how this will impact and affect the children.
Children are hardly ever to blame for a marriage failing. And often they are the innocent victims who lives are completely changed because their parents have decided to split up.
If a marriage is ending because a one of the couple has been unfaithful, the children had no part in this and yet are expected to take sides and willingly accept that their parents will no longer be living together and that the family unit has broken up. Add to this the unimaginable thought of the children having to live with one parent and seeing the other parent on alternate weekends, and you can see how this would badly affect most children especially those who are very small and don’t understand what is going on around them.
Many parents fail to appreciate and understand that their children continue to be affected by this family breakup for many years to come.
Whilst the husband and wife have adapted to being separate, and possibly might have met other partners as time goes on, children still cling on to the hope that their parents might one day get back together again.
They don’t want to see a stranger in their father’s place or another woman with their father. These things can be disruptive especially for young minds and can cause resentment and loathing in children towards the parent who has wronged as well as to the new partners of both parents.
Studies also show that the effects of divorce on young children tend to lead to lower marks at school, mood swings and disruption in the lives of those children whose parents had divorced.
If you have been the victim of a car accident or you have been injured by another’s negligence, then you should know that speaking with a personal injury lawyer as soon as possible after the incident is vital. It is almost always beneficial to have a reputable personal injury lawyer by your side.
Anyone can become subjected to a personal injury. In these types of circumstances, it is critical that you have a personal injury lawyer to help you make your claim towards your pain, suffering, and injuries.
Car accidents are the leading cause of several types of injuries differing in severity depending on the brutality involved. In most car accidents, it is due to the negligence of the other driver that you may suffer an injury; therefore, you will want to hold them accountable by filing a claim. Aside from car accidents, workplace accidents account for the next highest amount of personal injuries.
When you have been the victim of a personal injury, it is in your best interests to hire a reputable Personal Injury Attorney that can guide you in filing your claim. Regardless of the type of accident, it is important to know your rights. A good lawyer can help lead you in the correct way to file a claim and help you understand all to which you are entitled.
It is important to not simply hire the first lawyer that you find in the yellow pages. When it comes to personal injuries, not just any attorney will do. You want a lawyer that has a lot of experience with personal injury law cases. Many claims may start out general and then become much more complicated, and in these types of cases it is critical to have a knowledgeable attorney at your side. Only a great lawyer can get you the compensation that you deserve.
Do not expect to find your attorney after just a few phone calls. Finding the best lawyer will require time, effort, and research on your part. There are several ways that you can research the best attorneys and, once you have compiled a substantial list, you can then compare the attorneys to find the one that suits your case best.
Narrow down your list and then plan to meet with the top ones on that list. It is best to meet with a few and then go over your options. This way, you can discuss your claim and obtain feedback. It is important to go over your claim with each lawyer to help you decide who is best to handle your claim. The lawyer should be able to go over exactly how he or she will process your claim.
You have the ability to obtain referrals for different lawyers from many different sources. You probably have friends or acquaintances that have had experiences that called for a personal injury attorney and they can refer you based on their experience. Additionally, there are also directories that list lawyers and their specific practice areas. These directories also list fees and other information that you will need to make your decision.
So often we hear about how high the rate of divorce is in both the United Kingdom and the United States. Divorces can be emotional, time consuming, and expensive affairs. More than ever, couples are being encouraged to use mediation services in order to solve their difficulties, in order to avoid all the difficulties of a divorce.
When emotions are running high and couples don’t know how they can possibly make things work anymore, divorce can seem like the only way out. Communication is the key to all good relationships and when communication breaks down, relationships tend to break down too. Mediation services are great because they teach you how to talk to each other about how you’re feeling in an open and honest fashion.
It can be difficult to talk about our feelings, even to those who are closest to us. Having difficult conversations can be uncomfortable, and sometimes we need a helping hand. Despite the fact we are arguing with our partner, we generally don’t like upsetting other people.
Conflicts between loved ones can be particularly difficult to handle because relationships are so steeped in history. Mediation is future focused, so an independent mediator will attempt to move the relationship forwards rather than allowing the couple to dwell on past events. Bringing up old arguments and past mistakes does not resolve anything and is no basis for a healthy relationship.
This is one fundamental way in which mediation and divorce differ. Divorce courts do not accept ‘irreconcilable differences’ as a valid reason for couples wanting to split up. They instead insist that fault is blamed on one of the parties involved. This is perhaps why mediation is becoming such a popular option for arguing couples. Divorce is not as simple as one person being wrong and the other right; it is infinitely more complicated than that.
If children are involved, then mediation could be useful for a couple as well. If talking about your differences doesn’t solve them, it could at least bring some civility to proceedings. If you still decide to divorce then it is best to do so in a civil manner, so the children are not left feeling anymore confused and upset than they need to be. Deciding on how often children are to be seen and who stays with who is another big issue when it comes to divorce, and it is better if this can be settled outside of the divorce courts in order to avoid as much distress as is possible.
Ultimately, divorce sometimes is the only option for some couples. However, it is certainly better to do everything in your power to attempt to reconcile the relationship outside of the court room to begin with.
As a Minnesota divorce attorney, a question that is often posed to me by my divorce and child custody clients is, “Can’t my spouse (or the other party) and I just agree to something on our own?” Normally, my answer to that question is a resounding “yes” the more you can agree to, the less there is to argue between the attorneys and the less Court involvement that will be necessary. What this normally also means is the divorce or custody proceeding will be easier on your pocket book as well.
However, there are a few exceptions to the “lets just agree to this and follow it” approach. First, if the agreement pertains to minor children in any manner, the Court will always apply an independent “best interests of the child” analysis. In other words, just because you agree to something, if that agreement impacts minor children, the Court could reject the agreement.
With regard to child support, there is a legal presumption that the statutory child support guidelines must be used in all child support determinations. If the parties wish to agree to a different amount, they must provide to the Court an explanation on why this “deviation from the guidelines” is in the children’s best interests.
For an initial child custody determination, the standard for the Court would be “what is in the best interests of the children.” If the parties agree to the child custody and parenting time schedule and provide an explanation for it, generally the Court’s will defer to this agreement. The Courts generally appreciate the parties reaching an agreement on custody and parenting time because in most cases the parents know their children the best and know what is best for their children. So, if they can agree on custody and parenting time, the Court should adopt that agreement.
The tricky part arises when the parties wish to modify an existing Court order (a post-decree modification). For example, John and Jane got divorced. They had two minor children, Jenny and Jimmy. In the divorce, Jane was awarded sole physical custody, the parties were awarded joint legal custody, John was awarded parenting time every other weekend and was ordered to pay $1,000.00 per month in child support. One year after the divorce, John was terminated from his employment, began receiving unemployment and was home for the majority of the days. Based on this, the John and Jane agreed between the two of them that they would modify their agreement to provide for joint physical custody, each spouse alternating every other week of parenting time with the children and that neither spouse would pay to the other spouse any amounts for child support. John and Jane agreed to this in writing, each of them signed it, but they did not submit it to the Court for a Judge to sign and file with the Court.
John and Jane’s agreement would be considered an “extra-judicial agreement.” Is it enforceable? Maybe.
Minnesota courts have approved extrajudicial modification of an existing divorce decree through stipulated agreement. There is a policy favoring the use of stipulations in divorce proceedings. But these stipulations are given considerably less weight when the agreement involves children. The Court is not bound by stipulations involving child custody. Further, child-support stipulations are given less weight to protect “the welfare of the children” as the paramount consideration.
The end of a marriage can be painful, frustrating and emotionally taxing and is seldom a good experience. In such tough times, however, it is all the more important to make sure the process doesn’t produce any more bitter moments and that the separation goes off as smoothly as possible.
Because people are not really in the right frame of mind, they make decisions that can adversely affect them in the long term and the consequences can be quite bitter. This is why it is very important to find a good divorce lawyer. This guide will help you find the right Philadelphia divorce lawyer for your case, so that you can leave the tough decisions during the divorce to the professionals and let them handle your case, instead of you taxing yourself even more.
Divorce is not only painful but it can be incredibly complex with a host of issues coming up during the separation, right from children to finances and property distribution. There can be many complications involved in each of these. Therefore, you should let the best Philadelphia divorce lawyers handle your case so that you don’t need to stress more and your case can proceed smoothly. Taking the time off to research and find the best Philadelphia lawyers will greatly help your cause and will surely be worth the time and effort spent in trying to find one.
WHAT TO LOOK FOR?
So the simple question is, how do you find the best Philadelphia divorce lawyers to fight your case? There are several things that you will need to look at while choosing the right lawyer.
*Experience: Experience is important for a divorce lawyer because there is a lot of learning from the practical cases and not just books. Divorce can take unexpected turns during the case. If your lawyer has enough experience in the field, then he will be ready for anything the other party throws at you, and thus be able to protect you and serve your interests better.
Make sure that your lawyer is well experienced not just in terms of the number of years he has been practicing law but also the number of divorce cases he has handled over his career. Experience in this particular field is important.
Another important thing to note is that different states can have very different divorce laws and a lawyer who has been practicing in one state for a long time might find it difficult if he suddenly takes up a case in a new state. You would ideally like your lawyer to have worked and have the experience in your state.
*Specialization: It is best to entrust the complex issues of divorce to an expert who specializes in this field. It is thus important to find a lawyer who specializes in divorce and family law. Experience can be important in divorce because a lot of potential complexities might arise during the case. Thus it is best to entrust your case to someone who really knows about this in depth.
This might seem to be obvious and straightforward, but unfortunately it is not – the process of finding a specialized lawyer is also complex! This is mainly because there is no standardized legal definition of a ‘specialist’ and thus any lawyer can claim that he is a divorce specialist.
However, you would want the best Philadelphia divorce lawyer who is actually an expert in this field. This can be accomplished in several ways. One way is to talk to your potential lawyer directly about your concerns and he should understand. Then, he should be able to substantiate his claims of being a specialist divorce lawyer. Another way is to approach law firms that specialize in divorce. This way you can be sure you have the right lawyer working for you who understands your situation and your pain and can help you out throughout the process.
*Secondary Skills: Secondary skills are important in certain cases of divorce when there is much at stake apart from the usual. For example, many divorces can get financially messy and it can take a lot of time and effort to sort them out. In fact, financial considerations are very important during any divorce and if you have sizable investments tied up, then you should make sure that you have not only the best Philadelphia divorce lawyer but also someone who is well versed in financial troubles of a divorce.
The secondary skills that a lawyer will require will depend on your particular case and is usually hard to generalize. However, you will need to decide what other problems your divorce might be facing and then choose your lawyer accordingly.
*Flexibility: Flexibility for a divorce lawyer is very important because of the uniqueness that each case presents. The way you and your ex separated has a lot of bearing on the case. No one likes court cases and lengthy legal proceedings unless absolutely needed. If possible, it is best to reach a settlement out of court and the best Philadelphia divorce lawyers understand this.
Of course, at the same time, your lawyer should be ready to get tough if your interests are threatened and need to be protected. Therefore the right mix of mediation and aggressiveness is required in a divorce lawyer and he should be able to change his advice and strategy according to your particular case.
WHAT TO ASK
It is very important that you get the best Philadelphia divorce lawyers working on your case and for this you will need to question them on various aspects that relate to your case at hand. This should greatly help you narrow down your choices and ultimately choose the right lawyer for your case.
Asking questions is important before the initial consultation for several reasons. Firstly, you should be able to select just the right lawyer for your case who not only has all the qualities that have been outlined above but who is also a good fit for your case, who shares your own vision, direction and approach for your case. This will ensure compatibility during the case and you can work together instead of working against each other. There are many cases when people want to change lawyers in the middle of the case, which can be quite a problem. Therefore it is important to select the right lawyer from the start.
Secondly, lawyers charge initial consultation fees so you should be able to gather all the relevant information before this so that you can make up your mind. When you ask these questions, it is always advisable to write down the answers because it will be easier to compare with other lawyers.
It is good to meet with a few lawyers before deciding upon the final one for your case, to select the best fit. When you question all the lawyers that you meet, you will know their strengths and weaknesses as relating to your case, and then you can weigh them to finally decide which lawyer will be best suited to handle your case.
*Expertise: As mentioned earlier, it is important for a lawyer to be an expert in divorce cases and not just overall experience. Thus inquire about what percentage of the cases handled by that lawyer were related to divorce and family law. Also inquire about how many years he has been working in this specific area and also whether he is practicing in the state or out of state.
It also helps to look at the educational or other qualifications. Certainly a Harvard law graduate is more likely than not to be a great lawyer. Look for any certification or training or other kinds of specializations that are in the family law and divorce area.
Also ask about recent cases and let him tell you about a case that was similar to yours, so that you can have the confidence that this person will be able to handle your case. Also, look for any other kinds of requirements like financial cases, etc. that may be relevant to you.
*Availability: Availability is an important issue to look for in any lawyer. It is not just good enough if the best Philadelphia lawyer is working on your case but is unable to really concentrate and spend time on your case. Therefore you should inquire about the lawyer’s current caseload and whether he will be able to take on your divorce case.
At this stage, it is also important to make sure that it is really the lawyer that you are talking to who is ultimately responsible and who takes up your case. There are various people at a law firm that will also work on your case and you should ask about them as well, etc. paralegal staff, associate staff, interns, etc. Make sure that your lawyer is the one ultimately responsible for everything.
Also, you should inquire about how often you can meet him and how long he estimates the case to take. Also, make sure that you are able to meet with not only his associates but also him as and when required. It is good to meet and interact with everyone working on your case, but when needed, you should be able to talk to your lawyer directly.
Finally, ask about how you can contact him – through phone or email and stick to it. Many lawyers might find email to be more convenient than a phone call unless it is an emergency, but you should be equally comfortable with that particular mode of communication.
*Fees: This is a very important part of deciding on your lawyer because you do not want to be spending a fortune. You should be able to get an estimate of what it will cost, overall. To all the lawyers that you meet, you should firstly ask about their hourly rate and also how it is charged. Some lawyers keep track of the exact time while others sell their time in chunks of 10 or 15 minutes. This may not seem significant but can make a sizable difference to your bill.
Then you should ask about all the additional people you will need to pay, like secretaries, accountants, etc. that directly or indirectly work on your case. This can form a significant part of your bill, so make sure this issue is cleared up in advance. Also ask for any additional professionals that you may require on the case who will also need to be paid, like psychologists or detectives.
Ask the lawyer to keep the fee structure straightforward and tell you all the expenses that you will need to incur. Do you have to pay for the photocopies? Do you have to pay for any additional services during the case? How are the fees handled if the case goes to trial? All these need to be cleared up before you can decide on one particular lawyer.
If you follow all the above advice, you will be able to have a great lawyer working on your case so that your divorce process can be as smooth as possible, mitigating any other possible sources of stress that you might have to face. The best Philadelphia divorce lawyers are ready to work for you, so you should make the most of their skills and expertise.
There are many myths about the laws that govern divorce in Australia. A lot of television shows, such as Boston Legal will have many viewers believing that divorce is a complicated and daunting process. However the majority of divorces never make it to court and only about 5% actually have a judge that makes the final decision. The majority of divorce claims reach a mutual agreement between the two parties before entering the courtroom.
The assistance of a lawyer will speed up the process and will guide you through any complications along the way. A qualified divorce lawyer can answer all questions relating to your divorce claim, including child custody, courtroom affairs and division of assets and property. In most cases your lawyer will be able to reach a settlement with the other party without standing before a judge.
Equal Child Custody
The idea that children will receive equal custody by both parents is not true and neither is the thought that mothers receive more custody. There are a few legislations that state equal child custody however these legislations are not mandatory. The truth is child custody is decided by 3 factors; firstly the childs age and their ability to decide which parent is in their best interest.
Secondly, the safety of the venue the child will be residing, including the home, contents and the surrounding area. Lastly is the practicality of the arrangement, including the distance from school and other facilities the child requires. Another myth surrounding child custody is that there is a high abuse rate. The abuse rate is actually higher in intact families as opposed to separated families where both parents have custody.
Half All Assets and Property
Again only 5% of divorce claims settle property and assets before a judge, as the majority of claims are settled outside of court. Even when settling before a judge, the chance of receiving equal amounts is very rare. In contrast to what many people believe, the earning capacity of each spouse is not the basis for the division of property and assets. Rather home duties are weighed together and the home maker will in most cases receive up to 70%.
For example the father may be more employable than the mother; however the mother has more home caring skills and will most likely end up with a larger settlement. There are cases where the main home carer will not receive the majority of property and assets, and that is when assets exceed an exceptional amount, such as property over one million dollars.
The Jury Decides
Nearly all matters concerning family law will not have a jury and will only have a judge. Divorce claims are held in family or federal courts, where only a judge, registrar or magistrate is present. The only exception is criminal acts, which are not treated as family law and are handled differently.
The majority of simple answers surrounding divorce law are myths, because they cannot be explained briefly. If you are serious about a divorce claim, then you should consult a professional family divorce lawyer. The best way is to jump online and Google family lawyers in your area.
Any couple that goes through a divorce has to deal with many issues, but those that have children usually go through even more acrimony when dealing with custody and support for their children. Child support is financial support provided by the noncustodial parent. Child support includes, cash payments (based on the parent’s income and the needs of the child), health insurance for the child, payments for child care, and payments for reasonable health care costs that are not covered by health insurance. Family Court determines the amount of child support the noncustodial parent will pay. Under New York State law, parents are responsible for supporting their child until the child is 21 years old.
There are guidelines in which the court uses to determine the amount of child support that is owed to the custodial parent, based on the noncustodial parent’s adjusted gross income and on the number of children involved. The court first determines the noncustodial parent’s gross income. The court then multiplies the adjusted gross income by the standard guideline percentage for the number of children. These percentages are as follows:
17% for one child
25% for two children
29% for three children
31% for four children
at least 35% for five or more children.
Then the noncustodial parent’s share of child care, medical, and educational expenses is added to the income percentage amount. The combined amount, percentage of income plus share of expenses, is the basic child support amount.
For incomes over $130,000, the court determines whether or not to use the percentage guidelines and may consider other factors in setting the full child support payment.
The main problem that many noncustodial parents have an issue with is that many fill out long and tedious expense forms and when it comes time to determine the monthly the courts do not take into consideration the expenses of the noncustodial parent. If you cannot pay your child support you can file a “petition for modification” with the court that issued the support order. Only the court can change what you owe. Just because you think you cannot pay, do not stop paying. Continue to pay what you can while you wait for the court to make a decision. You should know that the court will only change the amount of support you need to pay if there has been a substantial change in your ability to pay.
Dealing with child support and child custody it can be very emotional, remember that in the end you want what is best for your children.