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Posts Tagged ‘alimony’

Riverside Attorney Represented Flat Fee Uncontested Divorces

Wednesday, December 3rd, 2008

A divorce in Riverside does not always have to be expensive or contested. Parties can enter into a full agreement or a partial agreement regarding the issues involved in their divorce case in order to minimize legal fees. The amount of legal fees paid to an attorney is directly related to the level of agreement between the two divorcing parties. Attorneys typically bills clients by the hour but our firm offers flat fee rates for uncontested cases where parties have an Agreement as to the terms of their divorce. Our flat fee rates also apply to mediated cases. In mediated cases, the parties do not have a full agreement but are close to full agreement and just need legal advice to finalize and formalize their divorce.

When the two parties can agree on the terms of their divorce (custody, visitation, support, and division of assets and debts), the parties can avoid having to go to court. Hence, attorney fees are minimized and it is for that reason that our firm offers flat fee rates. In contested divorces, children and marital property are usually areas of heated debate which result in increased attorney billable hours and court time and therefore higher legal fees. Whether or not a couple has children, friendlier is cheaper. Consequently, if the parties can reach an agreement their divorce will be cheaper than a contested matter.

Riverside Divorce actions are much more than just filling in the blanks – divorcing spouses need to be protected far into the future, and if there are children, you need to ensure that their well-being is safeguarded as well. Even though a divorce can proceed as an uncontested case, it is still a life-impacting experience and should be handled by an experienced and knowledgeable attorney. Our firm can help divorcing parties see the “light at the end of the tunnel”. All of our cases are handled by one of our knowledgeable and experienced family law attorneys. Our firm believes that a client is entitled to actual attorney representation and not just paralegal assistance. However, attorney representation in uncontested divorces does not have to be expensive.

Our solution is a flat fee divorce. This option is available to divorcing couples when there is an uncontested divorce and agreement between the parties. In an uncontested divorce, both parties agree to the divorce and choose not to fight it in court. The divorce agreement would detail the terms of the divorce including child custody and visitation, child support, spousal support, and the division of marital property and debts. An uncontested divorce requires the cooperation of both parties since both parties have to sign the final Agreement.

For more information regarding our flat fee rates, please contact one of our experienced and affordable attorneys at 800-509-9901 or info@dieferlaw.com.

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Riverside Division of Marital Assets: Understanding the Process

Friday, November 7th, 2008

Buying a home with your spouse can be one of the biggest investments of your lifetime. It can also become very expensive to fill that home with furniture and other necessities. So, what happens if you your marriage suddenly falls apart, and you and your spouse decide to call it quits? What happens to the home and your other property? Does it get awarded to you or your spouse? The answers to these questions largely depend on your state of residency.

If you are going through a divorce and you and your spouse have a large amount of property, it is probably a good idea to familiarize yourself with the process of the Riverside division of marital assets. Since California practices a community property system of property division, the property that you and your spouse acquired during your marriage will probably be split in half during your Riverside division of marital assets. If you owned property before you entered into your marriage, or if you bought property with your own money instead of the joint money of you and your spouse, the court may award you this property in you division of marital assets proceeding. It can help to familiarize yourself with all of these terms and conditions before going into the hearing.

A divorce can be a complicated and stressful thing to go through. The more you know about the processes involved with ending your marriage, the better off you will probably be and the less stressed out you will probably become.

Requesting a Modification of Support Orders

Wednesday, August 20th, 2008

When marriages fail, spouses must go through many processes to separate their lives. When the couple has children, these processes can become much more complex. Emotions run high when deciding how the children’s time will be split between each parent and also how much money each spouse will have to pay for the children’s well being.

Once the decisions have been made and finalized by a court, some parents don’t know if or when they should request a modification of support orders. Parents can request a modification of support orders once the original support order has taken place. Family law can help parents determine if and when to request a support modification. The legal professionals of family are familiar with child support guidelines and enforcement laws and can help parents determine the best time for modification.

Both the parent receiving child support and the parent paying may request a modification of support orders. Parents receiving child support may have the amount increased if they can prove that the paying parent’s income has increased. This holds true especially if it is proven that the child’s needs are not being fully met or if they have special needs such as medical treatment. Furthermore, paying parents can decrease the amount of future support payments if they can prove their income has decreased due to losing a job, experience a pay reduction or if they can prove the custodial parent’s income has increased.

It can be a tough decision for parents to revisit the support issue and request a modification of support orders but family law is available to guide them through the process.

Understanding California Law on Spousal Support, commonly referred to as Alimony

Thursday, June 19th, 2008

The two main practical concerns in any spousal support orders should be: how much money will the supported spouse receive and for how long?

The general rule is that if a marriage is under ten (10) years, spousal support lasts for half of the length of the marriage. So, if a couple is married for nine (9) years, the supported spouse may be entitled to support for a period of four and one half (4.5) years.

If the marriage lasted ten (10) years or longer, the general rule is that support may last until the remarriage of the supported spouse, death of either party, or further court order. This language can create a support order that will last in perpetuity until one of the above listed conditions occurs.

The amount of money the supported spouse receives is determined by the marital life style of the parties and the ability of the supporting spouse to pay. It is very important for both the supporting spouse and the supported spouse to make sure the marital life style is accurately determined. A mistake in this part of the analysis can lead to a support order that is too high or too low.

The court should look at the income of the parties, their life styles during the time of the marriage which should include how many cars they owned, what kind of cars they had, if they traveled, had very lavish spending habits, or if the parties were very frugal. All of these factors and many more are considered by the court in determining the marital life style. The area where the parties live is also important. Generally, it may be more expensive to live in Orange Countyversus Riverside County of San Bernardino County. And some areas in Los Angeles might be even more expensive. Thus, the court may also consider where the parties lived in order to determine how much is needed to maintain that marital standard of living.

Of course, these are very simple generalizations of a very complex area of law and divorcing spouses are wise to seek legal advise and further consultation on this issue.

For a case evaluation and a free consultation with one of our experienced and aggressive attorneys call us at (800) 589-9901.

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