Divorce Lawyers for Husband and Wife.

Divorce lawyers for men are specialized in arguing divorce cases from the male point of view. The choice of a divorce lawyer for men is crucial and needs to be made carefully. In this article, I share some tips on choosing the right lawyer. Visit Now!!
Divorce Lawyers for Men
When things go beyond reconciliation, amicable separation and settlement doesn't seem a realistic option amongst a couple, then court must step in and a divorce trial is inevitable. Divorce cases are on the rise and so is the demand for divorce lawyers for men and women. One needs a good counselor to go through an emotionally and financially scarring experience which a divorce proceeding is. Divorce trial can be a very challenging time to face. You need a person of astute judgment, who knows the letter of the law and argues your case effectively. In this article, I share some tips on how you can go about looking for the right person to do the job.

How to Choose Divorce Lawyers For Men?

A lot is at stake in a divorce trial. There are a lot of issues on the anvil and if you want them to be settled the way you want, you must hire a capable lawyer specializing in divorce settlement. There are divorce lawyers for men out there who have extensive courtroom experience and know what needs to be said and done, to get a divorce settled your way.

There are many ways of looking for divorce lawyers for men. You could start with yellow pages and look out for practicing divorce attorneys in your area. Another way to go about it is through recommendations. Talk to your acquaintances who have gone through with a divorce and ask for recommendations. The better and more experienced a lawyer is, the higher will be his fee. Good counsel comes at a high price. Shortlist a few names and meet the lawyers personally, before you decide.

What to Look for in Divorce Lawyers for Men?

Looking for a divorce lawyer is something which needs to be done with discretion. Here are some tips on what to look for in divorce lawyers for men.

First thing to look out for, in divorce lawyers for men, is his/her specialization area in law. He or she must be well versed with family law and his knowledge of divorce law has to be extensive. Look for experience in the form of number of successfully fought cases. Court room experience is one of the most vital deciding factors. Other than that, look for his experience in winning over child custody and property settlement, which are crucial issues for most men going for a divorce. These are the basic things you need to look out for.

The second deciding factor in choosing divorce lawyers is the charging fees. Recognize the difference between reasonably charges for arguing on your behalf and profiting from your predicament. Choose the one, who you think is charging reasonably. There are pro bono divorce lawyers for people whose economic condition is such that they cannot afford good counsel. The last thing, of course, is a matter of trust. You need to confide frankly in your lawyer during the divorce trial, and he has to be a person who you can trust totally. Deciding whom you can trust is entirely up to you.

Read more on:

* Divorce Attorneys for Men
* Divorce Advice for Men
* Find a Divorce Lawyer

A good divorce lawyer will generally try to advise you to settle the divorce through an out-of-court settlement. He will have an idea about what could be a reasonable financial settlement and how realistic can you be, about getting what you want out of it. Good lawyers won't make big promises immediately and without studying your case in detail. Be wary of those who promise you big things, and aggressively promote going for a court trial.

There are organizations and non-governmental organizations which provide legal assistance, especially for men going for divorce cases. They have a team of dedicated divorce lawyers for men that are committed to fighting for male rights in a divorce trial. Contact such organizations who may recommend divorce lawyers for you. Listen to your conscience and do what you judge is best ultimately.

By Gray Pilgrim source- buzzle.com

Tuesday, December 4, 2012

How to Get Divorced in Florida

How to Get Divorced in Florida


According to Florida laws, a petition for divorce which is filled by a couple or spouse shall be taken in consideration, if and only if, the couple has resided in the state of Florida for at least 6 months, if this is not the case then the couple may return to their original state of residence in order to file a petition for divorce; of course it is always helpful to consult a divorce attorney before jumping to conclusions of whether or not you need to return to the state where you have spent most of the time living as a couple.
The two most important and relevant factors divorce courts will try to determine in order to grant a petition for dissolution of marriage are:
- Is the marriage irretrievably broken?
- Is one of the parties mentally incapable of clear thinking in order to keep a healthy marriage?
Family is the core of our society, without this institution there would be no foundation for any social system to exist, this is why Florida divorce courts as well as courts throughout the country will try to look for a solution before breaking up the marriage. In some cases one of the parties has problems which may be easily addressed through therapy which will salvage the marriage, in most cases however when the court will determine that both parties will need to assist such sessions.
When deciding which method to use in order to mend a seemingly broken marriage, the court will resort the most appropriate method according to the case which may be a: marriage counselor, priest, rabbi, minister, psychiatrist or a person qualified to fulfil such task, this is of course if the court decides that the facts brought about do not pose a critical argument which would break the marriage,
If one of the parties is mentally incapable to fulfill their role within the family, the court will take in consideration all of the facts before concluding that the divorce should be granted. If one of the parties proves the mental incapacity of the other spouse the court will take the best course of action which will benefit both of the parties and the children, if any.
Divorce is the last step granted by Florida courts if they decide that a marriage meets the conditions listed above, they will however try to salvage the marriage if the relationship is not completely broken, there are many more aspects which are taken in consideration during such arguments, this is why hiring a capable attorney to handle those cases is of the essence, specially if there are children in between.
Lane-And-Associates provides more information about Palm Beach divorce legal services [http://www.laneandassociates.biz]. Get a trustworthy advice from a divorce and family law attorney [http://www.laneandassociates.biz], visit us today!
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Article Source: http://EzineArticles.com/999381

Wednesday, November 28, 2012

Why Get A Divorce Lawyer

Why Get A Divorce Lawyer


Divorces are exceedingly common. In fact, one might go so far as to say that most of the stigma has been removed from the act. What has not changed, though, is the fact that divorces are complicated. Though there are many websites that offer "quick" divorces that are designed to allow for a quick escape from marriage, the truth of the matters is that most divorces are complex affairs that combine tricky aspects of law and finance with very real human emotions. As such, it is important to consider the necessity of getting a divorce lawyer. It may surprise you to find out how very necessary that the act might be.
Many people who choose divorce want to do so amicably. After all, those who want to leave a marriage often want to do so with the least effort possible. What they fail to consider, though, is that a divorce is the end of not only a relationship but a very specific way of living. Assets must be split or sold, custody of children and animals must be decided and the level of maintenance that one or the other spouse may need to adjust to single life has to be decided. Doing this is almost impossible without a skilled attorney.
A good attorney knows not only how to help you to get what you want, but also what you deserve. Did you know, for example, that most states have very different laws concerning what each spouse is entitled to in terms of property after divorce? Did you know that custody arrangements might require mediation in some states, while others might need a specific type of agreement to be held up in court? A good divorce lawyer has spent his or her career learning these facts, and can help you to make sure that your divorce is settled in a manner that is fair according to the law.
No matter your relationship, a divorce is never easy. You may as well do what you can to make sure that you are protected during this process. If you hire a good divorce lawyer, you can still conduct your divorce amicably - but you will also be able to do it in a manner that protects your rights. Moving on from a relationship can be difficult, but a divorce attorney can help you to do so without causing you greater financial or legal pain in the future.
To speak to a divorce attorney visit:
http://corbridgekroll.com/practice-areas/portland-oregon-divorce-attorneys/
Or find a family lawyer that suits your needs here:
Visit to - http://findonlinedivorcelawyer.blogspot.com/

Article Source: http://EzineArticles.com/7336612

Tags - 
  • Divorce Lawyer - Tips For Hiring an Attorney to Handle Your Divorce
  • How to Choose the Right Divorce Attorney
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  • Divorce On A Budget: Self Help Divorce, Attorney Consultations & Minimizing Costs
  • Getting a Divorce Without an Attorney by Hiring a Divorce Mediator
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  • Divorce Attorneys Are Aplenty If You Want Divorce
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  • Why You Need a Divorce Lawyer
  • How to Select a Divorce Attorney - 3 Tips For a Successful Selection

Sunday, November 25, 2012

An Attorney's Guide to Divorce

An Attorney's Guide to Divorce-Related Tax Issues

There may be no glory in being a family law attorney these days, especially when it comes to dealing with the often challenging economic consequences in a divorce action.
Clients may initially contact you with one issue related to their potential divorce, but often these concerns can quickly manifest as emotions and pressures begin to develop. Perhaps the questions attorneys resist the most or feel least comfortable in answering pertain to divorce-related tax matters. Many individuals, including those contemplating divorce, will be reaching out to you for answers to a variety of tax-related divorce questions. So, this may be the best time to revisit some of the questions you may be faced with.
Here are ten divorce-related tax issues that all matrimonial and family law attorneys should know. 
1. Taxability of Assets Distributed Incident to Divorce
In many instances one of the most disputed issues in a divorce is the distribution of the marital assets. This is commonly referred to as "equitable distribution" or "ED". Under the Internal Revenue Code (IRC) Section 1041 (a), no gain or loss is recognized on the transfer (acquisition or distribution) incident to divorce provided such transfer occurs within one year after the divorce or related to the ending of the marriage.
The ending of the marriage is defined pursuant to a divorce or separation agreement and occurs within six years after the date on which the marriage ended.
Practice Tip: Often, one of the most significant marital assets is the marital residence and/or a business. The values of these assets should be appraised by an independent credentialed valuation expert in the early stages of the divorce proceeding.
2. Tax Deductibility of Professional Fees 
Legal and other professional fees related to getting a divorce are generally not tax deductible. These non-deductible costs include expenses related in arriving at financial settlements and retaining income-producing property. However, some legal and accounting expenses can be deducted as a miscellaneous itemized deduction, subject to the 2% limitation (and also as a preference for alternative minimum tax purposes). Here is a short list of some of these exceptions:
• Fees related to tax advice related to a divorce,
• Fees to determine or collect alimony,
• Fees to determine estate tax consequences of property settlements, and
• Appraisal and actuary fees to determine tax liabilities or to assist in obtaining alimony
Practice Tip: When your client retains an accounting/tax professional ask them to prepare their invoices with specific descriptions so that the tax deductible portion of their charges can be easily determined.
3. Alimony v. Child Support 
In simple terms, alimony is taxable to the recipient and deductible by the payer. To qualify as alimony under IRC Section 71(b) the payments must meet the following requirements:
• Payments are required under a written divorce or separation agreement,
• The payment cannot be designated as "not alimony",
• Spouses may not be members of the same household,
• Payments may not be treated as child support,
• Payments must cease upon death of recipient, and
• The parties cannot file a joint tax return
Child Support is never taxable, and there are a few other common payments that do not qualify as alimony, such as: 
• Non-cash transfers,
• Payments for use of property, and
• Payments to keep up the payer's property
In addition, an often neglected issue pertains to the short-fall of child support obligations. When an individual is obligated to pay (both) alimony and child support, payments are first applied to satisfy child support obligations and then to alimony. In other words, child support obligations must be fully satisfied before any amount of alimony is considered deductible.
Practice Tip: When structuring alimony agreements one should be conscious of the possible applicable alimony recapture rules. If there is a decrease or termination of alimony during the first three calendar years, recapture rules apply if the alimony in the second or third calendar year is $15,000 less than in the prior year. The recapture provision may be initiated by one or more of the following:
• Failure to make timely payments,
• Change in divorce or separation agreement,
• Reduction in spouse support needs, and
• Reduction in payers ability to provide support
4. Sale of Personal Residence 
If you live in your "Principal Residence" for any two of the last five years you are eligible for a capital gain exclusion upon the sale of the home. This exclusion is $250,000 for a single taxpayer and $500,000 for a married couple. Because of the significant difference in tax treatment, the tax consequences related to the sale of the marital home should be considered early on in the divorce settlement negotiations.
Practice Tip: If the sale of the marital residence is contemplated, consider the transaction prior to the termination of the marriage in order to take advantage the higher exclusion amount in order to secure more proceeds from the sale.
5. Filing Status 
An individual's marital status is determined as of the last day of the calendar year - December 31st. Married individuals can file jointly or married filing separate. When the parties file jointly each is jointly liable for the tax obligation, regardless of what a divorce instrument may say.
The married filing separate status is the highest tax rate. When spouses file separate returns they both must utilize the standard or itemized deductions. The first one to file establishes the requirements for the other to follow. When married individuals file their tax returns separately we often find other critical issues being considered.
If an individual is divorced as of December 31st, even if married and living together with their ex-spouse sometime during the year, they must file as a single taxpayer or head of household for that year.
For those that are still married at the end of the year but were legally separated on December 31st or have not lived with their spouse for the last six months of the year - they may be able to file as head of household. This filing status is attractive because the tax rates are significantly less than for those filing as married filing separate.
To file head of household a number of requirements must be met: 
• The individual must have paid more than half of the cost of keeping a home for a child or other qualifying person,
• This individual is entitled to claim the qualifying person as a tax exemption, and
• The qualifying person must have lived in the individual's home for more than half the year
Practice Tip: Income Tax projections utilizing different scenarios are an often neglected but valuable planning tool. This exercise should be performed for years before and after the termination of the marriage.
6. Children/Dependents Personal Exemptions 
Generally, the custodial parent is entitled to the dependency exemption as long as the parents (individually or together) provide at least one-half of the dependents support. However, there are two exceptions to this general rule:
• When the custodial parent relinquishes the rights to the exemption, or
• When a multiple support agreement is established
Practice Tip: Dependent exemptions often vary by agreement. When preparing these arrangements make sure you consider the age of the child/dependent and the taxable income of each parent.
7. Deductibility of Mortgage Interest & Real Estate Taxes 
When a couples' principal residence is jointly owned and the mortgage interest and real estate taxes are paid from a joint account there is a presumption that these payments are attributed to each party on a 50/50 basis.
However, when a home is jointly owned and these payments are paid directly by the non-occupant spouse, half of the mortgage interest and real estate taxes is deductible to the paying spouse as an itemized deduction and the remainder qualifies as alimony. The occupying spouse must report these amounts as income (alimony) but is able to deduct the interest and taxes as an itemized deduction.
If the home is owned only by the occupying spouse but the non-occupying spouse is still obligated on the mortgage, the non-occupying spouse can only deduct the mortgage interest if a minor child of the marriage resides in the home. The non-occupying spouse cannot deduct any of the real estate taxes, since he or she has no ownership in the property.
Alternatively, if the non-occupying spouse solely owns the house and pays the mortgage interest and real estate taxes then those amounts can be deducted in their entirety as an itemized deduction. The occupying spouse would not have to report these amounts as alimony.
Practice Tip: Don't assume that the marital residence is jointly owned by each the husband and wife. Inquire as to who owns the property and who is obligated on the primary and secondary mortgages.
8. IRA's and Retirement Plans 
A Qualified Domestic Relations Order (QDRO) is a useful tool to designate a portion of a qualified retirement plan to the other spouse. This vehicle allows the distribution of the marital asset without damaging the integrity of the plan or the creation of a taxable event. Benefits are taxed when distributions are made, not when the QDRO is established. QDRO's do not apply to Individual Retirement Accounts (IRA's); however, IRA's transferred pursuant to a divorce or separation agreement is not a taxable event.
Practice Tip: The use of a QDRO is an accessible tool to facilitate the equitable distribution of assets when there are limited liquid assets.
9. Stock Option & Deferred Compensation Plans 
The transfer of an interest in a non-statutory stock option or a non-qualified deferred compensation plan incident to a divorce is not a taxable event. However, income is reported when the former spouse exercises the stock options or when the deferred compensation is paid (or made available).
Practice Tip: Stock option & deferred compensation plans can be identified within employment contracts and/or annual wage reporting statements. Obtain the periodic statements (monthly, quarterly, annual, etc.) for your file.
10. Innocent Spouse Relief 
There are currently three sections of Internal Revenue Code that provide relief from tax liability to spouses:
• Innocent Spouse (IRC Section 6015 (b)),
• Separation of Liability (IRC Section 6015 (c)), and
• Equitable Relief (IRC Section 6015 (f))
When applicable, the courts have considered the following factors to determine their applicability: 
• Knowledge,
• Economic hardship,
• Benefit,
• Compliance with tax laws,
• Tax liability attributed to non-requesting spouse,
• Marital status, and
• Spousal abuse
Practice Tip: If you plan to invoke the innocent spouse rule prepare your argument by addressing as many of the above factors discussed above. IRS Form 8857, Request for Innocent Spouse Relief, is filed separately, not with the couples' individual income tax returns.
We hope this brief summary is of value to you and your practice. Your questions or comments regarding this information are always welcome.
For additional timely information to assist your family law and matrimonial law practice please feel free to visit our website http://www.msgcpa.com @msgcpa.com, blog http://www.forensicperspectives.com, or call our offices.
Visit tohttp://findonlinedivorcelawyer.blogspot.com/

Article Source: http://EzineArticles.com/5586692

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