Tag Archives: alimony

What You Need to Know About Alimony in Alpharetta

Alimony is one of the most misunderstood legal concepts and it can also be a confusing and frustrating addition to your life. If you are getting divorced you could be forced to make alimony payments in Alpharetta. That means part of your salary or business income could go to your ex spouse.

The only way you can have control over the alimony that will pay will be to hire an attorney to look after your interests. If you are not represented by a lawyer the judge and worse your spouse’s attorney will be the ones making the decision. That means you could needlessly loose a large portion of your income to such payments.

It means that you might not be able to take out mortgages or car loans in the future because part of your income is going out in the form of alimony. It also means that you could have a hard time getting business financing that you need or paying your bills. Alimony can be garnished directly from your salary or bank account.

Alimony payments in Alpharetta could substantially reduce your income and force you to make major changes to your lifestyle. Fortunately there are some actions you can take to reduce alimony. You and your attorney can sit down with your spouse and his or her attorney and negotiate a fair rate of payment.

You might even be able to avoid alimony entirely by equitably dividing up assets or making other arrangements. Yet will not know what your rights are if you do not have an attorney advising you.

Something to remember is that neither the judge nor your spouse’s lawyer will look out for your rights in regards to alimony. Only your lawyer will be able to do that for you.

Via EPR Network
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New Contra Costa County Family Court Rules Reduce Cost of Divorce in East Bay

Continuing its progressive role in stream-lining the court system and making it more accessible, the Contra Costa County Superior Court has implemented new rules that encourage divorcing parties to avoid court, to reach their own agreements through a voluntary, out of court process, and save significantly on the attorney’s fees that are otherwise needed to appear repeatedly in court.

Local Rule 12.5 governing “Collaborative Law” cases went into effect January 1st of this year (1/1/2011), stating “The Court recognizes the unique nature of family law disputes and the fact that family law issues are best resolved by the parties reaching agreement over critical matters as child custody, support and property, without engaging in the traditional adversarial litigation process.” Unique among Bay Area family courts, this suburban county court has officially stated it “strongly supports the use of the collaborative law process” and other out of court means to resolve disputes to “meet the best interests of the entire family, particularly the children”.

Many divorcing families are now choosing this alternative divorce process calledCollaborative Divorce, which involves attorneys and other specialists to help the family understand and decide important (and often complicated) custody and financial issues, but which is almost entirely done out of court in a mediation style process. To be “collaborative”, both sides sign a contract promising to stay out of court, to freely exchange documents and information, and to work with professionals to find mutual agreement, rather than constantly threatening the other side with court.

Previously, collaborative attorneys have been in a gray area so far as what was necessary to satisfy the usual requirements and formalities imposed by every court when a divorce petition is filed. Now at least in Contra Costa County, there is some clarity, which should save money for collaborative divorce litigants.

The most tangible impact of the new Rule 12.5 is that the attorneys for both sides will not be required to file statements, and appear in court for routine Case Management Conferences, which are otherwise required of litigants and potentially involve multiple appearances to achieve nothing more than “management” of the case, and which do not typically resolve any of the substantive issues. Instead, parties are allowed at least 1 year to resolve the case out of court without needing to pay their attorneys to report to the judge on how the case is coming along. Parties are also freed from other common deadlines and “scheduling orders” that tend to drive up the cost of a divorce. Real cost savings are expected to result by freeing parties of these various burdens.

To benefit from the new rule, parties must sign a formal document binding them to the collaborative divorce process, typically by hiring an attorney specifically trained in this cutting-edge approach to divorce.

Mr. Holcomb is a trained Collaborative Divorce attorney, offering “out of court” divorce services. He has 25 years experience as a divorce and civil litigator in all the Northern California courts. He is available for mediation, litigation and pre-marital and post-marital planning.

Mr. Holcomb offers a fixed fee initial consultation at either his main South Berkeley or Walnut Creek office.

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Divorce Attorney Introduces A Novel Reduced Fee Program For His San Francisco Bay Area Clients Who Pay Their Bills Promptly

People facing a decision to end a marriage are often daunted at the prospect of paying the notoriously very high hourly fees charged by experienced Family Law attorneys. A complicated case can require hundreds of hours of attorney time, and therefore tens of thousands of dollars in expense. Even a simple case requires a significant expenditure to complete financial disclosures, negotiate a complete settlement and prepare and execute the numerous required documents.

Especially in the current economy of depressed home values and decimated investment accounts, paying even a very good professional for services at a typical rate of $350 to $450 per hour, and more, just does not make sense to most potential clients.

When asked why their rates are so high, Divorce attorneys routinely justify the high rates by pointing out that their clients often do not pay their bills in full, leaving the attorney with uncollectible accounts receivable. This low rate of collection therefore justifies charging everyone a higher rate, or so they say.

In response to the current economy, and realizing that the many honest clients who do honor their financial obligations should not be charged extra to cover the unpaid bills of complete strangers, Berkeley attorney David Holcomb has been offering clients a novel reduced hourly fee arrangement. He realized that expecting some clients to not pay, and then overcharging good clients to make up for the others, was itself the problem. So he has turned this around. Mr. Holcomb explains: “If my clients are willing to make a real commitment to paying for my services, then I commit to an hourly rate that is $50 to $150 per hour less than most other experienced attorneys are charging.”

Mr. Holcomb’s attorney/client fee agreement literally puts a line through his standard hourly rate, and instead offers a reduced rate for every minute of services he provides, so long as the client either posts advance payment for services, or pays within 10 days of invoicing. If the client falls behind, they are assessed the full rate.

This has been a true “win/win” that works for both clients and for this “Compassionate Divorce” attorney. “We start out on a foundation of mutual trust, and mutual responsibility, with mutual rewards. In the 8 months since initiating this new policy, I have never had to assert the “standard” rate, because my client’s are very appreciative of the fair value of my services, and make an extra effort to stay ahead of their bills.”

Mr. Holcomb acknowledges that a good lawyer’s service on a divorce are never cheap, but he estimates his comparatively low hourly rate saves each client $5,000 on average, or about a 20% savings.

“My clients are happy to pay less, and I am happy to get paid for my work”, he says. “Too many of my colleagues complain about clients who demand services but refuse to pay for what they have already received, much less for future work. My clients are treated fairly from the outset, and so they treat me fairly. That is our contract from the beginning. We are all much happier.”

Mr. Holcomb is a trained Collaborative Divorce professional, offering “out of court” divorce services. He has 24 years experience as a divorce and civil litigator in all the Northern California courts. He is available for mediation, litigation and pre-marital and post-marital planning.

Mr. Holcomb offers a fixed fee initial consultation at either his main South Berkeley or Walnut Creek office.

Via EPR Network
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Tough, Gritty Oregon Attorney Releases Controversial Book To Help Protect Men Everywhere

Willamette Publishing Group in conjunction with ProtectionForMen.com is pleased to announce the release of author RK Hendrick’s controversial and exciting new book: How To Avoid “Getting Screwed” When Getting Laid. An informative 21st century survival guide for the modern male, How To Avoid “Getting Screwed” When Getting Laid is an inspirational tool for both single and married men throughout North America and living in any western country.

How To Avoid “Getting Screwed” When Getting Laid is as much about providing answers and solutions as it is about scrutinizing problems and injustice. Exhaustively researched and passionately authored by RK Hendrick, Esq. who has worked in the trenches of family law for the better part of two decades, this new work is a veritable godsend for the modern male. Former pro tem judge, prosecutor, defense attorney, and divorce attorney, Hendrick states his book is a must-read by every adult male, regardless of race, religion or social status.

Whether you’re 18 or 88, How To Avoid “Getting Screwed” When Getting Laid can help men everywhere! It can save your personal fortune, give you equal footing in a custody battle, keep you from unknowingly settling down with a “breeder,” teach you how to avoid getting slapped with a restraining order, and show you the warning signs of a problem relationship before it’s too late. This book shares story after story revealing how men can fall victim to those who want to set them up for arrest, deceit, financial abuse, or slowly drain their finances until they have been sucked dry.

RK Hendrick has prosecuted and defended thousands of clients in his home state of Oregon, and says that working full-time now as a writer and entrepreneur has become his main passion.. How To Avoid “Getting Screwed” When Getting Laid promises to be but the first of many innovative, eye-opening, provocative tell-alls he plans to write to protect and prepare men against whom the scales of justice have shifted substantially.How To Avoid “Getting Screwed” When Getting Laid is currently attainable in either paperback or hardcover copy at www.protectionformen.com or on amazon.com.

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