Divorce - Do You Need to Get Lawyers Involved?

"Get a lawyer!" This is probably the first thing family and friends will advise you when it is learned that you and your spouse plan to divorce. While dissolving your marriage was not likely in your future plans, you may wonder if it is necessary to seek counsel in your situation. You and your spouse may not have a lot of money or property, and the split may actually be amicable. Nonetheless, having a divorce attorney in your corner can assist you through the legal procedures involved in divorcing your husband or wife, and save you a lot of headaches.

The perception that lawyers become involved in divorce cases when one spouse wants to bleed the other dry is common. We have seen plenty of TV shows and movies where a beleaguered ex-husband complains about his ex-wife's lawyer taking him for everything, but one must understand not every divorce case ends this way.
Often, attorneys are retained to assist divorcing couples to reach an amicable conclusion to their marriage and settle matters of property and child custody.

Consider, also, these factors.

1) Where child custody and visitation rights are concerned, bear in mind that if your parents are still living they may wish to see their grandchildren. A lawyer can advise you of grandparent rights where applicable.

2) Who will pay all the fees once the divorce is settled? You may wish to have an attorney on hand to help you with every step in the legal process.

3) Did you or your spouse sign a prenuptial agreement? Is it being contested now? Perhaps you had signed an agreement and wish to contest - it is good to discuss with a lawyer what can be done.

4) Do you have pets? It is not unheard of for couples to battle over custody of a beloved dog or cat. If you find this becomes an issue seek counsel.

5) If either you or your spouse plans to leave the city or state following the divorce, you may have issues to settle while you are separated a good distance. You lawyer can act as your intermediary in some cases.

Lawyers don't necessarily become a factor if and when the divorce gets nasty. You attorney is there to guide you through ending your marriage and ensuring that you receive your fair share of the marital assets. Consider hiring a lawyer if you are preparing to divorce.

Kathryn Lively is a freelance writer specializing in articles on North Carolina divorce lawyers and Outer Banks lawyers.

Facing a DUI Charge - Questions Your Lawyer Will Ask

There probably isn't a sound a driver dreads more than the wail of a lighted police car trailing close. If you have ever been stopped for a speeding offense or other traffic infraction, you know the frustration of sitting in your car while an officer runs your plates. Worse yet, if you are pulled over under suspicious of driving while intoxicated, you will have to deal with a host of issues aside from a simple fine. DUI, or DWI, is a misdemeanor charge, but depending on the severity of your case the punishment could range from suspension of your license to jail time.

If you find the charges you face could result in your going to jail, you definitely want to get in touch with a lawyer who will work to ensure a resolution that benefits you. If you believe you were incorrectly charged with a DUI - for example, the police officer might have assumed you were intoxicated while you were not - your lawyer needs to know this, and every bit of information you can provide related to your arrest.

When an attorney meets with you for the first time to discuss your case, he/she is going to ask you several questions. It is important to recall everything about your arrest and to answer truthfully in order to be treated fairly in court. Here are just a few of the questions you will likely answer, so be prepared.

1) What were you doing or before the officer pulled you over? Had you come out of a bar or left a party? If you did have something to drink, regardless of whether or not you waited before getting in your car, your lawyer needs to know.

2) How much did you have to drink? The US recognizes a blood alcohol level of.08% as being over the legal limit, though depending on where you live your state may convict at lower levels of intoxication.

3) Why did the officer initially stop you? Your arresting officer may have pulled you over for a different reason - maybe you ran a stop sign or red light, and the officer later suspected you of DUI. Recall every detail to your attorney.

4) Did anybody witness the incident? Was there somebody in the car with you when you were stopped? Was somebody walking his dog near where you pulled over? Witnesses may be of assistance in your case.
It is important to reveal everything you remember to your lawyer, good or bad. Your attorney's job is to ensure the court that you are cooperative, and to make sure you are treated fairly. The more you know about your incident can help you in the long run.

Kathryn Lively is a freelance writer specializing in articles on North Carolina lawyers and Outer Banks lawyers.

Top Myths About Last Wills

We all have a list of chores to complete, and many of us may not look forward to doing every task. This could be said about drafting a last will and testament - we know it is a necessity, but who wants to think about what will happen after you die? You may try to defer getting this done by convincing yourself of some popular myths about last wills, but it is important you do not put this off.

Let's take a look at the more common myths associated with drafting a will, so you can understand better why these documents are crucial for your estate planning.

1) Wills are only for the rich.

Ever watch a movie or TV drama where all the relatives of a deceased billionaire are gathered in a wood-paneled office for the reading of the will? You might assume that a will is necessary only if you have lots of money and a huge mansion. In truth, even if you die with only a modest home and a few thousand dollars in the bank, you should designate what happens to your possessions. No matter the state of your income at the time of your passing, you need legal documentation that disperses it according to your wishes.

2) My family isn't going to fight over my things.

Life with your family may seem picture perfect now. Everybody gets along, and there are no arguments. Nothing should change once you're gone, right? Perhaps not, but having a will that specifies your last wishes can greatly reduce headaches and the potential for soured relationships. Let's say two members of your family want to claim a certain keepsake of yours and you voiced no intentions for it while you were alive...you will be surprised to know how quickly a rift can happen over a coveted watch or ring, or even china. Draft your will now and save your loved ones the frustration.

3) The government's just going to take all the money anyway.

Are they really? If you have properly prepared for your golden years and have arranged for your debts to be managed, you may have assets left that you'll want for your family. Without a will, the question of who receives what can get tied up in court, resulting in more expenses for your family. Consulting with an attorney who specializes in estate planning will dispel any myths for you.

For the sake of your family and legacy, get your last will and testament settled before it is too late. Go with the peace of mind that your final wishes are carried out.

Kathryn Lively is a freelance writer specializing in articles on North Carolina lawyers and Outer Banks lawyers who specialize in estate planning.

Tips For Making Your Own Last Will and Testament

It is the one thing you probably don't want to do, but you know it needs to be done. The idea of preparing your last will and testament may make you uncomfortable, but it is important to ensure all necessary arrangements will be handled when you die, so that your family will not be forced to deal with legal tangles. When you draw out a will, you make clear how your property and assets should be dispersed, and you let people know how to take care of burial and funeral ceremonies. In some ways, a will is viewed as a time saver, and it certainly saves your loved ones lots of headaches.

If you are not sure how to go about planning your will, the counsel of a reputable lawyer specializing in elder law can properly assist you. Before you make your appointment, here are a few things to consider in order to have a productive experience.

1) Make sure you have all information on your property and assets. Have information on your money accounts and property deeds, and confirm which accounts have beneficiaries assigned. If you wish to make changes regarding your beneficiaries, make sure they correspond to your will.

2) Consider future heirs. If you have grown children and wish to leave something to them and their children, take into consideration the grandchildren that may be born after your passing. Your attorney can assist with provisions that benefit heirs not yet born.

3) Research charities. You may want to leave something behind to a favorite charity, or perhaps offer an endowment to your college or other organization close to your heart. While there is no doubt your donation will be appreciated, there may be some legal hurdles to overcome to make that happen. Find out what is required.

4) Check, and check again. Hopefully you won't expect to make last-minute changes to your will, so take the time to ensure it is written the way you want it. Make sure the right version of your will is read when the time comes - your attorney can advise you on all matters.

When you have a last will and testament spelling out your intentions for your assets, your heirs will have an easier time carrying out your last wishes. Drawing up a will need not be a depressing event, for you can take comfort in knowing that your children and grandchildren are provided for, and that your legacy remains alive.

Kathryn Lively is a freelance writer specializing in articles on North Carolina lawyers and Outer Banks lawyers.