Types of Child Custody

October 18, 2011  |   Posted by :   |   Divorce,Mediation   |   0 Comments

When going through a divorce couples at times argue over custody of the children. The court will decide what is appropriate and assign custody accordingly. For instance, the judge can assign joint physical and legal custody that is 50/50. On the other hand, custody may not be split down the middle dependent upon circumstances. In court the judge will decide what is in the best interest of the children. In divorces it is often overlooked that yes the parents are going through the actual divorce, but the children are dealing with life changing events as well.

Depending on age, the older children may have a larger grasp of the situation and understand that the arguments are between their parents and not their fault. Younger children may have a more difficult time coping because they may feel that they in some way are responsible for the parents splitting apart. Sometimes counseling can help alleviate some stress that the children may be going through. In addition, simply being understanding and sensitive to  your children’s behavior and emotions can go a long way.

If you would like additional information regarding child custody and divorce it is beneficial to research. Whether it be online, by speaking with various legal professionals, it is always nice to speak with friends and family who may have already gone through the divorce and custody scenarios. It is always helpful to be aware of your rights as a parent.

Mediation

October 16, 2011  |   Posted by :   |   Mediation   |   0 Comments

Going to small claims court involves going in front of a judge and having the judge make the final verdict on your case. It is often a very tiresome and time-consuming procedure which can become very expensive as well. If you can, why don’t you look into going to mediation instead?

You and the other person will meet and try to peacefully come to a resolution with the aid of a mediator. The mediator is a specially trained person who will assist to resolve your issues and usher the two sides to a fair agreement. The role of a mediator is not to pressure anyone to agree to a settlement but rather to help the two parties come to a fair settlement together.

In fact, you and the other individual will come to an understanding yourselves with the aid of a neutral person who can suggest options and help each party to see the other individual’s position of the situation. In court, the judge would have made the decisions for both of the parties.

Nevertheless, if you cannot reach an understanding in mediation, you can still take your case to court and have a judge make the final verdict.

What are the Different Issues in a Divorce?

October 07, 2011  |   Posted by :   |   Divorce,Mediation   |   0 Comments

A divorce has many aspects such as child support, spousal support, custody, visitation, and at times domestic violence issues. These are just a few of the issues that may be involved in your divorce.  It is important to know what rights you are entitled to in a divorce. In a divorce in general it is the child’s best interest that is evaluated. Parents are asked to not involve their children in the dispute, as this may already be challenging on the child dealing with the separation of their parents.

An alternative to divorce is mediation, this is a voluntary process. In this process as opposed to a judge their is a neutral third party who attempts to remain unbiased and allow both sides an equal opportunity to state their concerns. Mediation is less costly and may be a better alternative for certain individuals. On the other hand, in a divorce their is a judge overhearing the matter and at times parties are not their voluntary because they have been served with divorce papers.

It is a great idea to conduct research on divorce and mediation and to know what the options are. If you know any friends or family who have gone through a divorce at times word of mouth can help you to connect with various legal professionals. Researching online is also very efficient to scan through a legal professionals website to see what they are all about. Divorce can be complicated and a confusing time so any help to ease the process is often beneficial.

Revocable Living Trust

September 29, 2011  |   Posted by :   |   Living Trust   |   0 Comments

A revocable living trust is a legal document that can, on occasion, replace a will. Your assets will be put into a trust where it can be managed throughout your lifetime and the distributed to your loved ones and beneficiaries after you pass away. All this without having to deal with the courts.

In a living trust, most people will name themselves as the trustee so that they can manage the money and property throughout their lifetime. You will also be able to make changes to the trust as you wish, as long as you are still mentally capable of making coherent decisions. Once you pass away all the stipulations in the living trust are unalterable.

When choosing beneficiaries, you can  name anyone you wish, from friends and family to your favorite charity or institution for example. In the living trust you will also name a sucessor to be the trustee once you die or if you become unable to manage your trust yourself. This successor will also have to distribute your assets as y ou have instructed in your living trust.

Not all your assets will be included in your living trust, therefore a will is still necessary to handle any assets that were not mentioned in the trust. It’s is best to consult a lawyer when planning your will and living trust.

Living Trust

September 17, 2011  |   Posted by :   |   Living Trust   |   0 Comments

A living trust is a way for you to assets into a trust while you are still alive and it will be transfered over to your beneficiaries once your pass away. Often times, people with a living trust name themselves at the trustee (or person in charge of handling the assets in the trust) so that you can still benefit and remain in control of your assets during your lifetime. A successor trustee can be named as well, which can be a person or an institution, that will take care of your assets should the primary trustee ever become unable to do it any longer.

The living trust can be changes or revoked at anytime by the person who created it as long as this person is still competent.

In your living trust agreement, the trustee will have the legal right to manage and control all assets named in the trust. This is why most people opt to name themselves are the primary trustee. The living trust will also name the beneficiaries to the trust’s assets who will receive siad assets when you pass away.

The trustee is meant to be a person who you trust and have the fullest confidence in to uphold your wises and to divide up the assets in the trust as you have instructed. This person will be responsible for following certain guidelines and have authority over your property so it’s of the utmost importance to choose this person wisely.