Family Law Richard E. Young & Associates

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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.

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.

Understanding a Postnuptial Agreement

According to Investopia, a postnuptial agreement “is a legal contract signed by a married couple after the wedding. This agreement not only dictates how a couple’s assets will be divided, but it also contains numerous other provisions dictating marital conduct.” Postnups are comparable to prenups, as they address the same issues. However, this agreement is entered after a couple is married. Read about varying postnuptial situations and why they are being drafted.

The Practicality of a Postnup

After marriage, some couples may want to negotiate their division of assets. From property and bank accounts to children from a previous marriage and a profitable business, a married individual can draft a postnuptial agreement as a way to protect their income and assets. In these situations, a postnuptial agreement can also help ensure that in the event of a divorce, each spouse exits the marriage “whole,” with the holdings he or she brought in.

Reasons for a Postnup

Married couples can redefine new terms from a prenuptial agreement with a postnuptial one. If they are dissatisfied with the contract, they can work with a lawyer to draft a postnuptial. This agreement is also for couples that do not want to negotiate a prenuptial before their big day. Therefore, married couples can opt for a postnuptial once they have settled into a marital routine. On the other hand, couples considering a divorce ought to consider this agreement.  It is a better option to minimize legal expenses and streamline the divorce.

Conclusion

Consult with a lawyer at Family Law Richard E. Young & Associates for your postnuptial agreement. We understand the process and work hard to solve your legal issues quickly and efficiently. CALL FOR A FREE INITIAL CONSULTATION (949)-951-9529 today!

Grounds for Nullifying a Prenup

When you sign a prenuptial agreement with your spouse, you are agreeing to the terms written in the document. However, there are certain situations where a prenup can be nullified. If there is evidence in the agreement that can be challenged, you can talk to a lawyer to discuss any legal questions or concerns you have about the contents of the document. Learn more about the grounds you can use to nullify a prenuptial agreement.

Unconscionability

An unconscionable contract is one that is so one-sided that it is unfair to one party and therefore unenforceable under law. It is a type of contract that leaves one party with no real, meaningful choice, usually due to major differences in bargaining power between the parties. If a prenuptial agreement is considered unconscionable in court, then the judge can void it.

Failure to Disclose

Both parties need to disclose any information regarding wealth and assets. The reason behind this disclosure is to decide on the amount of alimony or property division in the event of a divorce. If your partner hides any personal assets or valuable interests, then there’s reasonable grounds to challenge the prenup. You can state you were unaware of extra funds and other properties before signing.

Coercion

Boyd Law states “the courts will throw out a prenuptial agreement if a spouse can prove that someone coerced him or her into signing the document. Coercion can take the form of blackmail, threats, or simply undue pressure.” An example of this can be if your partner had you sign the day before or on the wedding and you didn’t have enough time to look at it thoroughly.

Conclusion

The lawyers at Family Law Richard E. Young & Associates have many years of practice handling legal cases, including prenuptial agreements. If you or a loved one needs to speak with an attorney, contact our family law firm to get the legal assistance you need. You can also visit our website here for more information.

What to Look For in a Divorce Lawyer

There is nothing exciting or fun about going through divorce proceedings, but that doesn’t change the fact that they are still necessary. What is most important during such a trying time in a person’s life is guaranteeing that they are represented by the best possible divorce or family lawyer who will look after their best interests. This blog will be devoted to providing you with all of the important aspects of choosing the right lawyer and explain why they can make all the difference.

Decide on Your Divorce Process:

When deciding which lawyer is best when it comes to helping you file for divorce, it is first important to understand what kind of divorce process you are looking for. It is a common misconception that divorce is simply signing a paper and deciding who gets what, but that couldn’t be farther from the truth. There are three main types of divorce proceedings, mediation, litigation and collaborative divorce; each holds its own merit when it comes to the benefits it provides and needs to be carefully considered. Something all three of these types of divorce hold in common, however, is that they are best carried out with a lawyer representing you.

Do Your Research:

After you decide on what kind of divorce proceedings you are looking for, the next most important thing is to start doing your research on any divorce and family lawyers you are considering. From searching them online to looking up their reviews and even asking friends who may have used them, it is vital to get a clear picture of who you are bringing in and if they are indeed compatible with you. One of the most important aspects of an effective lawyer/client relationship is the trust any client should have in the person representing them.

Look at Multiple Candidates & Trust Your Gut:

Once you have done your research, it remains important to meet with all of the candidates that you are considering before you sign on the dotted line. Going in for a simple consultation is often enough to get the information you are looking for and help you pick the best one for you. Once you meet with them to discuss your divorce, the choice will most likely become very clear as long as you trust what you’re feeling about them.

Conclusion:

Overall, there are a lot of specific aspects to finding the right divorce and family lawyer that will need to be considered. As long as you go through these steps and maintain a trust in your own judgement, there is no doubt that you will find the proper lawyer for you. The professionals at Family Law Richard E. Young & Associates believe strongly in these steps and are extremely confident that they will lead you to our talented team, because to us there is nothing more important than representing you to the best of our ability.