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21Jun/100

The Job of a Divorce Attorney

The Job of a Divorce Attorney

Marriage is a very solemn and serious chapter on any person's life. However, due to personal reasons, a couple may decide to call everything off and file a divorce. Divorce, or dissolution, as it is increasingly becoming known, is a process that legally terminates a marriage no longer considered viable by one or both of the spouses, and that permits both to remarry. All options for reconciliation are taken before a decision is made to go to a divorce attorney. But when everything fails, the divorce attorney takes over and the legal process of divorce takes place.How is divorce different than annulment? As any divorce attorney will explain, annulment voids the supposed marriage. This means there is not marriage to begin with. A voidable marriage occurs when some defect exists in the contractual agreement in which all marriages originate, as defined by a divorce attorney. These include marriages of the underage or the insane, or a marriage procured by fraud. Sexual impotency existing at the time of marriage also gives grounds for annulment according to any divorce attorney.Divorce, however, recognizes the existence of the marriage and dissolves it on the given grounds, which are contested by the divorce attorney. Grounds for divorce are adultery, unreasonable behavior, or a lengthy time apart. Once the case is file, it is the divorce attorney's job to confirm the complaint and proceed to the divorce court hearing.What takes up most of the time of a divorce attorney is the distribution of conjugal property. In "community property" states, the courts recognize both spouses as owning a 50 percent interest in any assets acquired during the marriage (except for items obtained as gifts or inheritance.), which will need to be divided between the two persons and enforced by the divorce attorney. Likewise, debts are the responsibility of both parties. In a divorce action one spouse, usually the wife, may be granted alimony or maintenance payments generally for a limited period of time. Often a court will order the transfer of property, such as the matrimonial home, from one party to the other on divorce; this is particularly common where there are children from the marriage who are of school age. The custody of any children may be awarded to either spouse, with an arrangement made for visiting rights and support of the children by the divorce attorney. At present, joint-custody arrangements are being worked out more and more frequently by divorcing parents rather than in a court and the divorce attorney.During all of this process, the divorce attorney becomes the legal representative of the husband or wife in court. All meetings or agreements should be made with their divorce attorney present at all times. This lessens the possibility of violence, especially when the grounds of the divorce are adultery. The divorce attorney keeps the parties civilized and help quicken the process even more. The divorce attorney should not be seen as the villain during such procedures because it is their job to work as mediators.A divorce attorney's work is not done until the assets and liabilities of both parties have been resolved. This includes overseeing the enforcement of the court's ruling on the division of assets, visiting rights and custody for the children. With the time spent on each case, a divorce attorney must maintain composure despite his or her views on marriage. There is a possibility that a divorce attorney can lose his or her faith in the institution of marriage after a while.More Legal information about divorce attorney please goto the following website.

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8Apr/100

Houston Divorce Lawyer – West Houston Attorney Answers Common Questions About Mediation

Houston Divorce Lawyer - West Houston Attorney Answers Common Questions About Mediation

If you are reading this, then you are probably either thinking of filing for divorce -- or have a feeling that your spouse may be filing for divorce -- whether you want to separate or not.One of the common questions that an individual going through the divorce process asks is "What is a Divorce Mediation?"Mediation is a process which allows both you and your spouse to maintain control over your destiny and the terms of your divorce settlement. Both parties and attorneys attend either a four-hour or eight-hour mediation, depending on the complexity of your case.Is the Mediator a Lawyer?Although some mediators are social workers, most commonly the mediator is a lawyer who acts as a neutral person to help you settle your case.How is the Mediator Chosen?The mediator is chosen and agreed upon by the attorneys. Every Family Law attorney has a "short list" of competent mediators who specialize in family law with whom we are familiar, whose style we are comfortable with, and who we have found to be effective, particularly considering the individual aspects of your specific case.What is the Role of the Mediator?The role of the mediator is to facilitate an agreement between the parties to prevent the necessity for a trial.Can What I Say Be Used Against Me Later?Everything said during mediation is confidential. The mediator cannot be made to testify in court if a settlement is not reached. The mediator will only report one of two things: "settlement": or "no settlement".Further, you and your attorney will advise the mediator what you do or do not want shared with your spouse and your spouse's attorney!How Does This Work Exactly?Procedurally, you and your attorney will remain in one room, while your spouse and his or her attorney stays in a separate room. The mediator travels from room to room conveying each side's offer and/or counteroffer.Sometimes, the parties mediate by all being in the same room together. This is common if your mediation is taking place at a county dispute resolution center.Law Office of Marilyn Gale Vilyus
Attorney/ Mediator
16151 Cairnway Drive Ste. 210
Houston, TX 77084
281-550-6650
http://www.westhoustonattorney.comNot certified by the Texas Board of Legal Specialization.This article is designed for general information only. This information is not intended to be legal advice. Consult an attorney for before making any legal decisions based on your individual circumstances.Marilyn Gale Vilyus is a Houston Lawyer focussing on Texas family law, child support, child custody, and divorce mediation.