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Why Should We Trust Lawyers?

According to a new study, many people are skeptical of lawyers, but in the greatest need they will ask their lawyers for help. This is a rule of thumb and a weird paradox at the same time. Many people become more doubtful about having confidence in lawyers because lawyers have a negative stigma. You can say that again, but still, we should trust them. We’re going  to talk about why you should trust them, so follow along in our blog.

To begin with, you have to understand that there are professions, such as a lawyer or a doctor, where they need and require complete faith from the client so they can perform properly. For instance, a lawyer will try to save you by any means, and to achieve that, the client has to be honest with them and hide nothing.

They Fight for You 

Talk is cheap, and people just keep releasing rumors that lawyers are overcharging for their services. It might be true for some, surely not the case for most of them, but let’s be honest, no one works for free, and it should be noted that even if it costs you an arm and a leg, they deserve it, just like doctors, university professors, etc.

The Work You See Is Only The Tip Of The Iceberg

You probably focus solely on the money you give to the lawyer, but what about the work they do behind closed doors? They burn the midnight oil working on your case and do everything in their power in order to fight for you. They are meticulous at each stage of the case, from collecting information to writing a professional letter.

Conclusion

In summary, people need to trust lawyers, whether they win or lose the case. One of the most important takeaways is that working with experienced lawyers and having confidence in them will increase the chance of winning your case. At Family Law Richard E. Young & Associates, we have the best-experienced lawyers in Orange County. Contact our law firm to get the legal assistance you need. You can also visit our website here for more information.

Alimony Explained

Alimony, also commonly known as spousal support, is a form of financial support paid by one ex-spouse to the other after the marriage has legally ended. Alimony is enforced by federal law and is in place to acknowledge that in marriages where a spouse forfeits a career to manage the household, the couple is essentially splitting essential family duties based on nonmonetary contributions that have to be equally considered. To learn more about the ins and outs of alimony, continue reading our blog!

Who Qualifies for Alimony?

The whole objective of alimony is to provide “reasonable and necessary” support upon divorce or separation. In order to qualify for alimony one must show the court that he or she needs financial support and that the other spouse has the economic means necessary to provide it.

What are the Stipulations of Alimony?

  • It must be requested during the divorce, not after
  • It will have to be forfeited in the event of remarriage and at the request of the ex-spouse
  • Couples who agree on alimony terms can resolve this matter outside of the court, however alimony can only be legally enforced when ordered by a court or if there’s a written agreement
  • Failure to pay alimony payments can result in a motion for contempt to be filed, and if approved, can lead to other means of enforcement including wage garnishing

What is the Legal Process?

Immediately upon agreeing to divorce any individual seeking spousal support must come forward and file a motion for it. A spouse can ask the judge to make a spousal support order as part of divorce, legal separation, annulment or a domestic violence restraining order.

If the couple cannot agree to this arrangement or to a fair monthly amount, a judge will decide if the individual is indeed entitled to the alimony, and if so exactly how much. Alimony will either be granted indefinitely or for a limited amount of time depending on the couples current and future circumstances.

Final Thoughts

An expert family lawyer will be able to provide end to end legal services for divorcees and those trying to navigate alimony, child support, custody and other legal cases. Learn more about the expert team at Family Law Richard E. Young & Associates, our convenient services, free consultations and much more on our website or by giving us a call at (949) 951-9529. We have proudly served countless families in the Orange County community with their alimony, divorce, custody, and bankruptcy cases since 1974.

Reversing a Legal Separation

The process for a legal separation is essentially the same as for a divorce, but with the option for it to be reversed. Unlike divorced couples, legally separated couples can reconcile their differences in court, re-enter the marriage, and return to joint status. Below, we discuss the required steps for couples hoping to reverse a legal separation in the state of California.

Step 1

The most important factor in reentering a marriage following a separation is that both spouses agree on doing so. Ideally the couple will have since resolved some or all of the major matters that initially lead to the separation.

Step 2

With your written Order of Legal Separation in hand, couples can draft a motion to Vacate Order of Legal Separation. This document is essentially the formal document needed to ask the court to review their request.

Step 3

One a motion has been drafted, the court will require you to draft an official Order to Vacate Order of Legal Separation. This is the second step in confirming with the court that you wish to be remarried.

Step 4

The final step is to file the Motion and Order to Vacate with the clerk of the family court where the legal separation was initially filed. Be sure to include a copy of the original Order of Legal Separation at the time of filing and keep in mind that there is typically a filing fee due at the time of filing, which must be paid before the motion will be accepted.

Final Thoughts

Southern California residents seeking to reverse their legal separation can trust that Richard E. Young Family & Associates will get the job done as quickly and thoroughly as possible. We will help you legally resolve any and all issues in family court including custody, child and spousal support, property division, separate and community property characterizations and disputes, business valuations and division and more!

Legal Separation vs. Divorce

When married couples find themselves at a crossroads it’s often a choice between separation and divorce. What separates these legal processes can be confusing and most couples are often left with more questions than answers. In this month’s blog, we define and clearly distinguish the similarities and differences between filing for legal separation vs filing for divorce in California.

Definitions

A legal separation is defined as an ordered agreement in which married couples have legally defined boundaries and responsibilities. This is often a three to four month process that couples take prior to filing for an official divorce sometimes due to financial or religious reasons, or because it was required by a judge. A separation can be reversed in court upon all parties’ agreement in the decision.

Divorce is the irreversible legal dissolution of a marriage in court. This process will take at least six months of hearings, negotiations, and court ordered agreements before it will be finalized by a judge and made permanent.

The Similarities

It is not necessary for both spouses to agree to end a marriage when separating or divorcing. In California, couples filing for these processes also do not have to prove that there was a ‘fault’ by either spouse that lead to the decision.

Throughout both of these processes couples will have to agree on the terms of child custody and support, alimony, child visitation, attorney’s fees, and the division of assets or property. So essentially, the settlement agreement in a legal separation is almost identical to a divorce settlement agreement.

The Major Differences

The main difference between legal separation and divorce is that when a legal separation is finalized, the parties do not revert to “single person” status. This is important to note for taxes and health insurance reasons. Ultimately, the most notable difference between legal separation and divorce is that divorce is final.

Final Thoughts

If you or someone you know is preparing for divorce or legal separation in Southern California, it’s crucial that obtaining a lawyer comes first and foremost. When choosing Family Law Richard E. Young & Associates as your counsel you will benefit from decades of industry experience combined with a reputation for honesty and success. Visit our website or call us today at (949) 951-9529 for your free initial consultation.

Vacation Time and Child Custody

Imagine this: it’s the holidays and everyone is ready for a vacation. People are excited to take a load off and spend quality time with their loved ones. Maybe they’ll take a road trip or go out-of-state for sight-seeing and new experiences. However, this can be a difficult and tense subject to navigate between divorced parents. Planning vacation time can come with its own set of challenges especially when it involves a child custody agreement and limited scheduling.

Scheduling Vacation Agreements

For those who are still working through the details of a child custody and parenting plan, it’s important to clearly define vacation time between you and your ex-partner. All parents want to spend time with their children and for divorcees, having a coordinated vacation schedule will help prevent conflicts by setting some ground rules.

Talk to your ex-partner and clearly define what can and cannot be done. Here are a few examples of what to agree upon:

  • Determine agreeable vacation destinations, whether it be local, out of state, or out of the country.
  • Set equal vacation days so your children can spend enough quality time with both parents.
  • Discuss activities that the children will participate in during the vacation.

Some divorced parents may choose to establish specific dates each year in which they can take their children on vacation. Others may choose to have unspecified dates instead, but are required to notify the other parent in advance of when they plan to take their children on vacation. Regardless of what option you may choose, it is important to be clear and communicative with each other.

Be Transparent with Each Other

Incorporating vacation plans can be difficult and tedious but it’s important to prevent conflicts. In order to be transparent with each other, some divorcees may opt to put plans into writing to ensure each party is aware of the set guidelines. If you decide to make any changes to your plans, remember to inform the other. If an emergency were to happen on a vacation, it’s important for the other to be aware of where you are and what you were doing. Understand that remaining communicative with each other is the first step in overcoming conflicts in a child custody agreement.

Conclusion

Establishing a vacation plan can be overwhelming, but by following agreed upon guidelines, divorced parents can easily navigate and coordinate with each other while spending quality time with their children. Here at Family Law Richard E. Young & Associates, we help divorcees navigate confusing and tense child custody agreements. If you have any questions or concerns, contact us at (949) 951-9529 or visit our website to learn more about our services.

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