Legal Consultation Divorce – Making the decision to divorce is never easy, and choosing to contact a divorce attorney can make that decision even more final.
If the idea of gathering documents for divorce counseling stresses you out, don’t worry. You can greatly benefit from a consultation with an experienced divorce attorney without a single sheet of paper. However, if you are the type of person who manages best by preparing for large meetings, such as the consultation with your divorce lawyer, then feel free to gather as many of these items as possible for your consultation with your divorce lawyer .
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Your attorney will need to know when and where you and your spouse were legally married, so bring a copy of your marriage certificate. This helps your attorney establish that you are legally married to your spouse and that a court can grant you a divorce.
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A large part of the divorce process involves finances, particularly the division and management of property. Your attorney will want to know what the court will likely split between you and your spouse.
Did you and your spouse have a prenuptial agreement? Also make sure to bring it with you.
Likewise, it is best to let your attorney know what is uniquely yours (because you acquired it before the marriage), so they know what should not be shared with your spouse.
The court may order that one spouse pay alimony to the other (also called spousal support) to help care for the children or to help the other spouse maintain the same standard of living.
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Providing your attorney with proof of income through tax returns, pay stubs, and employment records can help you determine what you or your spouse are entitled to receive or obligated to pay.
Do you own a business or have other sources of income that don’t come from a job?
Bring documentation demonstrating what you earn or receive from these sources to help your attorney determine the actual total income of you and your spouse. Provide these statements to your attorney to further determine the likely financial obligation of you or your spouse to the other.
Just as it is important to know what you and your spouse own and earn, no financial picture is complete without knowing your debts and what you and your spouse still owe.
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It is important for your divorce attorney to know if you or your spouse are involved in other legal matters.
For example, if you have a restraining order against your spouse, your attorney needs a copy.
Although many marriages end because of differences between the spouses, sometimes there is a specific reason for divorce. This is called a “fault” divorce.
If you have evidence that you would like to use as grounds for divorce, make sure your attorney has that evidence. This could be evidence of any of the following:
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If you have already started the divorce process (either alone or with another attorney), bring all relevant information, documents, and filings that have already taken place as part of that process to your appointment with your new attorney .
If there is anything you specifically want your attorney to know about your marriage, your spouse, or yourself, be sure to bring those facts to your meeting.
For example, if you supported your spouse financially while they completed their studies, you may be entitled to compensation for this. Your divorce lawyer will know best what the court needs to know, so give them everything you think they should know.
Always come to your consultation with your questions at hand! It can be very easy to lose track of time and forget what you wanted to ask unless you have them written down on paper in front of you. We will be more than happy to answer these questions for you.
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At Stanley-Wallace Law, we will take the time to listen to what is most important to you in your divorce proceedings and work toward a favorable outcome. Call us at 985-288-4621 to learn more. Divorce is one of the most painful events in any marital relationship. Since divorce is a matter of family law, it is a matter of religion. Divorce is a complex process in India, so one should consult divorce lawyers.
The act of officially dissolving a marriage by the court or other competent body may be classified as divorce. It means to separate or dissociate from one’s spouse, usually with undesirable effect.
First, a joint application for dissolution of marriage must be submitted to the family court by both spouses. Both parties must sign the petition. Both parties will have to be presented before the family court after the application is filed. After the court has considered the application and is satisfied, it may order that the statements of the parties be recorded under oath. If the court is convinced, it can pronounce the divorce decree.
The main purpose of annulment is to declare a marriage void, meaning that it was never a valid marriage. However, in divorce, the party files for divorce to end a valid marriage. After annulment, the parties become single or unmarried, but after divorce, the parties divorce.
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Judicial separation can also be referred to as legal separation. Judicial separation releases marital responsibilities and commitments for a period of time, while divorce ends the marriage forever. In case of legal separation, the parties can rethink their marriage and resolve it, but in case of divorce, one cannot reunite their marriage.
Divorce between Hindus, Buddhists, Sikhs and Jains is regulated by the Hindu Marriage Act, 1955, for Muslims by the Dissolution of Muslim Marriages Act, 1939, for Parsis by the Parsi Marriage and Divorce Act of 1936 and for Christians by the Indian Divorce Act. 1869. All other civil and inter-religious marriages are regulated by the Special Marriage Act, 1956.
When both husband and wife agree to divorce, the courts consider divorce by mutual consent. However, for the petition to be recognized, couples must have lived separately for more than one or two years and be able to prove that they could not survive together. Issues such as guardianship of children, child support and property rights must be decided mutually.
Without mutual consent, the divorce must be litigated. Either party may request a divorce citing causes such as adultery, conversion, leprosy, venereal diseases, cruelty, mental instability, renunciation of death, failure to resume cohabitation by a spouse, etc.
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The only prerequisite for divorce by mutual consent is that the parties have lived separately for more than a year or more.
Either spouse’s right depends on whether the husband or wife has sufficient resources. When determining the amount of alimony, the court will consider the husband’s earning capacity and his ability to rejuvenate his wealth and responsibilities.
A spouse can send a legal notice of divorce to the other spouse to inform them of their intention to take legal steps that further cover the marital relationship. Formal interaction is the first step to ending the “husband and wife” relationship.
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Divorce can be filed online if both parties mutually agree to it through online companies. To file a divorce online, both parties must agree on all points. One of the advantages of an online legal service is that it is more convenient than the process of physically filing the divorce. However, the parties will have to be physically present before the magistrate, who will hear the arguments of both parties regarding the divorce.
If the court is satisfied, after hearing the parties to the petition, that the allegations contained in the petition are true and that there can be no likelihood of resolution and living together, it may enter a decree of divorce announcing the dissolution of marriage.
Conciliation between the parties in divorce matters should always be the priority of the court and the lawyer. However, it is recommended that it is better to part ways than not to be happy. If the marriage does not work, you must resort to justice and continue your respective lives.
If you are in a separation situation or have decided to file for divorce, we strongly recommend that you consult an expert divorce lawyer and obtain appropriate legal advice on the matter.Consult an expert divorce lawyerDivorceDivorce adviceDivorce consultationDivorce laws divorceDivorce lawyerDivorce lawyer near meDivorce requestsLegal consultationDivorce by mutual consent
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With 24 years of independent practice, Attorney Umapathi Natarajan has gained extensive experience in handling legal matters while providing legal advisory and consultancy services with emphasis on achieving results in an ethical and professional. Lawyer Umapathi Natarajan, who speaks English, Tamil and Telugu, has excellent communication skills that enable him to articulate arguments convincingly in written and verbal form.
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