15 Items on a Divorce Checklist

For people looking for oakland county lawyers, it's possible that divorce is on their minds. One of the major concerns of couples going through divorce is the ability to provide all the documents needed right away, so they don't have to worry about the divorce going slowly because of missing paperwork. Divorces can be very complicated. Legally, there are many documents that need to be filled out, court dates to attend, and arrangements to be made. Personally, emotions tend to run high during a divorce, making it a strain for those involved. Something that can help is having a checklist of items that people should bring to a divorce attorney, so they have everything they need to get the divorce moving smoothly.

A Divorce Checklist Here is a list of 15 items that each party should give to his or her attorney. There may be more or less that can be brought, so speaking with the attorney directly and asking which documents they need is preferred. Start by bringing an individual tax return. The attorney may need the spouse's return as well, so the assets of the marriage can be properly calculated. Trust information. Are there any trusts held by either party? Stock options information.

Credit card statements. It's not just money and investments that get split in divorce, debts are also divided. Bank statements. These statements show how much money the couple has saved or going out each month. Property tax information. Benefits statements. Benefits can sometimes be split during a divorce, depending on the type. A list of personal property. This list should be exhaustive. Things like clothing, jewelry, fur, office equipment, artwork, and other goods should be listed. Property appraisals. Loan documents, so the court can identify who is in charge of mortgages or student loan debt or if it is a shared debt.

Living wills and wills need to be brought to the office, because they may need to be changed or addressed during divorce. A list of property owned before the marriage by each spouse can be helpful when deciding on how to split assets.

A list of contents in any safety deposit boxes is vital for asset division. Inheritances. Life insurance policy information.

When Hiring a Personal Attorney, Consider These Character Traits

Choosing the right attorney can be challenging, to say the least. With so many attorneys available at a person’s disposal, consumers should have a way of distinguishing those more likely to suit their needs. Good attorneys are worth holding out for, especially if they have the character traits consumers find essential to the trade, such as:

Easy to Work With

A lawyer that’s personable, open and communicative will be easy to work with as they put clients at ease. Many people find it difficult to trust attorneys with personal information, even if it’s pertinent to their case. Establishing a good rapport with an attorney makes it easier to confide in him, receive his counsel and make decisions based on his recommendations. A good client-attorney relationship can make or break a client’s legal case and affect how people view legal representation in the future.

Attorney Record

Before hiring an attorney, consumers should do a background check on him to get a better idea of his service record. Most Oakland County lawyers have a website that provides information on their qualifications, experience and line of expertise. When possible, consumers should seek references from an attorney and ask former clients how they rate the attorney’s working relationship and services.

Smaller cases may not require an attorney with extensive experience if he or she meets other qualifications important to their client’s defense. For complex matters, however, consumers may prefer hiring a seasoned attorney to represent their interests in the case.

Attorney Fees

A reputable attorney will be clear and upfront when it comes to discussing fees. Some attorneys charge by the hour while others charge a flat fee, which may or may not include additional charges for certain tasks. Knowing a lawyer’s fees in advance will enable consumers to include this extra expense in their monthly budget. Clarity in an attorney’s fee structure makes it easier for consumers to select an Oakland County lawyer within their financial means.

Availability

Nothing is more frustrating to consumers than not being able to get in touch with their attorney. Before hiring a lawyer, consumers should ensure their attorney has the time and interest to handle their case. Consumers can test a lawyer’s interest by emailing him questions after the initial consultation to see how long it takes for him to respond. Oakland County lawyers who respond quickly to their clients’ needs are worthy of a client's attention.

No One Should Purchase Real Estate without a Lawyer

Understanding the law surrounding real estate transactions is challenging to well-trained lawyers. To make matters worse, the laws are constantly changing. As a result, many well-trained professionals find it difficult to work through a real estate transaction. It’s even harder for everyday people to navigate the law. Anyone interested in purchasing a home must hire an attorney to assist them.

Attorneys Help People Understand the Meaning of Laws

One aspect of the law that makes it extremely complex is the language used to compose laws. Much of the law isn’t written in everyday language. Additionally, real estate laws utilize complex sentence structures that can lose the reader. Fortunately, Oakland County lawyers read laws on a regular basis. They study these laws so that they can explain them to their clients. By partnering with a real estate lawyer, home buyers and sellers can make informed decisions about real estate.

Attorneys Expedite the Process

Home buyers who use attorneys avoid many of the pitfalls home buyers make on their own. Attorneys can help them at the negotiating table if the home is overpriced. Additionally, attorneys can help home buyers with their contract. They can help them understand what is required of them to finalize the contract. Without the bumps in the road, home buyers can close on the house they want quickly, without losing it to someone else.

Lawyers Help Determine Ownership

Buying a house requires people to research whether the home is available for purchase or not. Many people have been scammed by people selling property they can’t legally sell. With the help of a real estate attorney, home buyers don’t have to worry about getting scammed. Lawyers know exactly what to look for on deeds to ensure that the transaction is a legally-binding transaction. Researching the deed ensures that home buyers are subject to heartbreak after falling in love with their dream home.

Purchasing a home can be difficult. The best way for people to go through the process is with the assistance of a lawyer. Lawyers understand the law, and they can use their expertise to determine the best strategy for the buyer.

Navigating a Divorce

Many people go through a divorce alone. They feel the need to keep the details from their close friends and family members because they think it’s personal. Divorce is personal, but navigating the process alone can become overwhelming. Fortunately, Oakland County lawyers can easily help divorcees determine their next steps, which makes coping with a divorce much easier.

Getting Through Legal Separation

After spending what seems like a lifetime with a spouse, getting through the requirement for legal separation can be challenging. Many people find it hard to do things that they used to do with their spouse, so they avoid common friends.

Unfortunately, this isn’t the best way to wait for time to elapse. Since legal separation can take a year or longer, it’s important to begin preparing for the next steps. The next step will be petitioning the courts for a divorce.

Understanding the Original Petition for Divorce

Once the timeframe for legal separation has elapsed, many lawyers file a document called the Original Petition. The petition is submitted by lawyers to the local clerk of courts to start the divorce process on behalf of their clients. This document contains the names of both parties involved, along with the names of their children. Included in the document are the reasons why the document was filed as well as remedies sought in the case. People can prepare for this part of the case by consulting with their attorney to ensure the paperwork is done properly so that they can move to the next stage.

Dealing with a Temporary Divorce Order

The next step in the process is dealing with temporary divorce orders. This step can easily become complex, depending on the details of the case. For instance, child custody and support and spousal support can make this step seem daunting for many people.

Additionally, this is the step in the process when the discovery process begins. The courts are looking for information to validate many of the documents already submitted. Most lawyers work with their clients to ensure that they are able to retain the assets they want by submitting proof that their clients rely on these assets.

The process of getting divorce is quite daunting for many people. With the help of a professional divorce lawyer, many people can get through the process. Although lawyers can help their clients deal with the legal issues, the parties involved in a divorce must rely on close friends and family members to help them get through the process.

Understanding Who Needs Estate Planning

People generally believe unless they are very wealthy they do not need an estate plan. While this may sounds good in theory, anyone who owns property in their own name or has assets exceeding $15,000 would be well served by meeting with Oakland county lawyers who focus their practice on estate planning.

Why Estate Planning Matters

When someone meets with an attorney to plan how their assets will be distributed at the time of their death, they maintain complete control over those distributions.  Those who have assets at the time of their death and die without any type of estate plan will have a personal representative appointed by the court and the court will determine the distribution of their assets. There are also some specific instances where a good estate plan should be considered including:

• Family Members With Special Needs – Family members with special needs can be cared for when an estate plan includes a trust as well as appointing conservators or drafting guardianship documents to care for them when they lose a parent or other caretaker.
• Divorced Couples With Children – Generally speaking, most parents want to leave their assets divided equally among their children. This can be challenging when one or both parents remarry and have new spouses. An estate plan can ensure the children of the marriage are provided for after the death of a parent.

Some of the other documents that should be part of a well thought out estate plan include powers of attorney in the event the maker becomes incapacitated, health care directives and life insurance trusts. Each person will have to work Oakland County lawyers who understand elder and estate issues to determine what type of plan they should set up to meet their needs.

What About Small Estates?

Even when someone has a small estate, there may be a need for a good estate plan. In fact, real estate, automobiles, jewelry and artwork can be left to heirs upon the death of the owner but if there is no will or other estate planning document, the court may determine the distribution of these assets which may involve selling them first.

Regardless of the size of an estate, having a plan in place for end-of-life care, addressing special needs of family members or ensuring assets are distributed in accordance with the wishes of the owner is important. Working with Oakland County lawyers who are well-versed in elder issues and probate issues makes sense regardless of the size of an estate.

Clients Can Learn Their Rights with Oakland County Lawyers

It's bad enough having to deal with a divorce, custody battle, personal injury, or even the death of a loved one. Soon enough, it will be time to seek out a lawyer, which can make these already pricy situations even more expensive. It can easily make anyone feel helpless. In times like these, seek out Oakland County lawyers that focus on a variety of practice areas. More affordable than other choices in California, a client can receive help when going through bankruptcy, a criminal defense matter, a divorce, a custody battle, a municipal issue, real estate troubles, and personal injury.

Bankruptcy can be distressing, as it almost feels like giving up. However, those in the Oakland County and Royal Oak, Clarkston, White Lake, Bloomfield Hills, Davisburg, Milford, Waterford, Highland, Holly, and Commerce Townships areas need not fret.

A good lawyer can explain Chapters 7, 11, and 13 so that a client knows their rights and can figure out a way to get their finances in order.

  

Criminal defense cases are common, but for a client experiencing one for the first time, it can be terrifying. Whether the client is guilty or the crime or being wrongfully accused, a lawyer can go to bat for the client in matters of stalking, white collar crimes, larceny, domestic violence, drunk driving, bond violations, home invasions, municipal ordinance violations, homicide, assault, sex crimes, felonies, criminal appeals, general misdemeanors, shoplifting, child abuse, traffic misdemeanors, drug possession, and violation of probation.

A lawyer that specializes in family law is necessary when a client is going through a divorce or fighting for child custody. A client can receive representation in areas like guardianships, annulments, divorce, real estate foreclosure, custody, prenuptials, postnuptials, child support, separations, cohabitation agreements, and paternity tests.

 

Clients that do construction or commercial work on property around California should be aware of municipal law. Before any building begins, contact a lawyer in Oakland County to make sure that all zoning permits are approved, that all general ordinances are okayed, and that any assessments are green-lighted. These lawyers may also focus on real estate matters for clients that are going through a foreclosure or opening or closing a residential or commercial building.

Personal injuries can be terrifying and infuriating when the other party was responsible. Not only does a client have to pay for sudden medical bills and deal with the shock of what transpired, but they will want justice. Lawyers like these can possibly fight for the client to receive compensation.

The Basics of California Probate Law

Probate cases involve handling the property, assets and/or liabilities of a deceased individual. Probate cases in California can take up to eighteen months to process, even if there are no complications such as no will, a contested will and/or various creditors laying claim to a deceased person's assets.

In some cases, a person does not even need to go to probate court to claim what is rightfully his or hers. If the total value of the estate is quite low and the will is clear regarding who should inherit what, then the process of transferring ownership and paying bills can be done outside court supervision. However, court involvement is necessary if there is no valid will, as an individual will need to be appointed as administrator of a deceased person's estate. The administrator handles the same tasks that an executor would take on; that is; he or she transfers ownership of property to heirs, pays taxes on the deceased person's properties and pays creditors what they are rightfully owed.

Is Hiring a Lawyer Obligatory?

California, unlike some other states, does not require that Oakland County lawyers residents hire to handle the probate process. However, there are times when handling a lawyer is the best option. If numerous creditors are attempting to lay claim to a person's assets, then the executor of the will may want to retain a lawyer to ensure that the heirs receive what is rightfully theirs. If one or more heirs are contesting all or a part of the will, hiring a lawyer is in order. It can also be a good idea to hire a lawyer if the deceased individual left an ongoing business.

Managing the affairs of a deceased individual can be difficult, especially for a close friend or relative who is still mourning the loss of a loved one. Thankfully, many probate cases are relatively uncomplicated, especially if the deceased individual left a valid will. Even some cases without a valid will can be easily managed without professional legal help, as California law makes it clear which creditors get precedence and allows executors to make a number of decisions on their own.

However, it is important for an executor or administrator to realize that here are times when getting help from a local lawyer is the best course of action. Professional legal help can save time, money and hassle, thus ensuring that the probate case is processed in a fair, speedy manner.

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