Ann M Callaway Law Offices Pc

Depending upon how you decide to settle the dispute, you should probably have an attorney oversee the event. However, if you do decide to settle out of court, you will typically save a lot of money at time.

The best time to speak with an attorney is as soon as you feel that you may have a case against someone. Your attorney should be hired in plenty of time to understand the details of the case before court so that he or she can research and plan a defense or winning strategy.

There is an old saying that the man who represents himself has a fool for an attorney. The truth is that attorneys are versed in particular areas of law and because it is their day to day job, they know the intricacies of these laws which normal people usually don’t. It is always a good idea to at least speak with a lawyer about your case.

Every case is different and it depends upon the type of case you have and what other cases are pending. Some cases can go to court within a few months while others may take years.

If the findings or decisions are not in favor of you, you do have the right to appeal the decision. In most cases, there is a certain period of time in which you can appeal, so you should speak to your attorney as soon as the decision has been made.

A statute of limitation is a law regarding the amount of time you have to file a lawsuit against someone for a particular thing. There are different statutes of limitations for different offenses – this should be something you check into immediately if you feel you have a valid case against someone. If you file your case after the statute of limitations has expires, your case is probably barred forever. You should consult with an attorney to determine whether any exceptions might apply in your case.

The court clerk will typically file a judgment against the other party – stating that they owe you money and what amount. This can be used by you to obtain the monies owed or take property of the other party in an equal amount. Collecting a judgment is a technical process that is probably best handled by an attorney.

In a criminal trial, typically the state or government is representing the people in order to seek punishment or consequences for someone who has committed a crim. Civil suits typically take place when two individuals or parties cannot come to an agreement in a dispute by themselves.

Litigation law governs topics regarding filing a lawsuit, seeking damages and compensation, trials and other litigation related topics. It also covers the individuals who take part in a lawsuit – both the defendant and the plaintiff.

Dating while your divorce is pending may create problems for you. If custody is at issue, evidence of your dating or involving a third person with your children is bad for your case and may result in the loss of custody. Dating is not recommended. However, if you do decide to date, you must fully inform your attorney about your decision and the people you are dating. Your attorney will discuss with you the possible consequences of your actions.

Beware of signing a joint tax return. When you sign a joint tax return, you become jointly responsible for any errors or inaccuracies on the return and for outstanding liability. Consult your attorney about how you should file your taxes while in the divorce process.

The law allows you to decide to keep your married name or to change it to any name you had before.

The court will make an order of support for the children based on a formula provided by law. The formula includes factors such as the gross income of the parents, the cost of healthcare and childcare, and the number of children.

The best parenting time (visitation) schedule is your own plan. However, if you and your spouse cannot agree, most courts have a standard schedule. If there are objections to this schedule because of special circumstances (travel time, work schedules), or problems (substance abuse, mental illness, violence), you may present specific facts in a scheduled hearing stating why this parenting time is not in the best interest of your child.

The court prefers for parents to create their own plan for custody and parenting time (visitation). If you and your spouse cannot develop a plan, the court will use a set of factors to determine what is in the best interest of the children. These factors include the wishes of the parents, the mental and physical health of all parties, whether a parent has been convicted of abuse or neglect of the child or domestic violence and the ability of the parents to get along. The question is not who is the better parent but what is in the best interest of the children. Every judge sees the standard “best interest of the child” differently.

There is no guarantee or right to spousal support. Unless your spouse agrees to pay you support, the judge decides whether spousal support is appropriate. The decision to award spousal support depends on the relative needs and resources of the parties. Some factors that the court will use in determining spousal support are the income of the parties, the parties earning ability, age, physical, mental, and emotional strength, retirement benefits, duration of the marriage, standard of living, education and tax consequences.

Debt is treated similarly to the property. Before it is allocated, it must be identified, valued, and classified. The creditor is not a party to your divorce. If both you and your spouse signed for the debt, the creditor may collect from either of you regardless of whom the court orders to pay the debt.

By law, the property will be divided equitably. Before the property is divided it must be identified, valued, and classified as marital or separate. Some factors that the court will use in determining property distribution are the duration of the marriage, the property and debts of the spouses, the cost of sale, tax consequences, and any division made by a separate agreement.

Your divorce is unique. It will be different from other people’s divorces. Bringing third parties such as a friend, neighbor or another family member into your meetings with your attorney is not encouraged. Your discussions with your lawyer may not remain confidential if another person is at the meeting. If your spouse finds out, the third party can be legally required testify about what you told the lawyer.

Yes. Confidentiality is essential for honesty and openness and is necessary for success in your divorce. Your attorney is prohibited from telling other people what you have told him or her.

One alternative is to reach a settlement agreement. If you and your spouse can decide most of the issues in the divorce, it can make the court trial shorter. Your attorney can assist you in negotiating a settlement. Do not sign anything without your lawyer present.

There may be a hearing to decide important issues while your divorce is in process. The judge issues a written decision called a temporary order. The temporary order remains in effect until modified or the case ends. The temporary orders are not permanent. They may be different than the court’s final decision.

In Virginia, if the case is uncontested and all issues are settled by agreement in writing, then you can get divorced without going to court. For a contested case, at least one rather extensive formal court hearing will be required.

If you don’t know the whereabouts of your spouse, you may still get a divorce. You will need to take certain steps to attempt to locate your spouse, and to notify him or her that you have filed or divorce. Typically, attempting to locate your spouse will involve things like checking the telephone listing where you live and where your spouse is last known to have lived, asking friends and relatives if they know where your spouse might be, checking with the post office where he or she last lived to see if there is a forwarding address, checking property records to see if he or she owns property, checking with state records for driver’s license or vehicle registrations, and checking with the last known employer or landlord. If you still can’t locate your spouse, there is a procedure called service by publication, in which you obtain the court’s permission to publish a notice of the divorce in a newspaper. Once this is done, you may proceed with the divorce case.

There are several factors that may affect the amount of time needed to get a divorce. Some of these are legal requirements, which vary by state. •Residency requirements. This is the length of time one or both parties must be a resident of Virginia. In Virginia, the parties generally must have been residents of Virginia for six months prior to the date the case was filed. •Separation requirements. In Virginia, the parties must be separated for 12 months before either can file a no-fault divorce. However, if there are no children under the age of eighteen, and the parties have signed an agreement settling all of the issues arising out of the dissolution of their marriage, the can file for divorce after a six-month separation. •Other requirements. In addition to legal requirements, there are also other factors that may affect the amount of time it takes, such as how long it takes to have your spouse served with divorce papers, the extent to which your case is contested, and the court.

There are both fixed costs and variable divorce costs. The fixed costs are filing fees paid to the court, and fees paid to have legal papers served on your spouse. These costs are in the range of $200 to $500. Variable costs include fees for document preparation and legal representation by an attorney. The attorney’s fees can vary immensely, depending upon the complexity of the case, and the degree to which any issues are contested. Extra costs may also come into play if the court orders mediation of disputed issues, or if it becomes necessary to hire a financial analyst due to complex property issues.

The process is begun by filing a document with the court that is called a Complaint A copy of the Complaint is served on (or officially delivered to) your spouse, usually by the sheriff’s office or process server. This may not be necessary in some cases, where you and your spouse are in agreement. Your spouse will be given a certain number of days to respond to the Complaint. How the case proceeds from there will depend upon how your spouse responds. You and your spouse may reach an agreement, your spouse may file a response (either agreeing to what you’ve requested in the Complaint or contesting it), or may not reply at all. Other documents may also need to be filed, mostly commonly financial statements. Things can become quite complicated in a contested case, with numerous documents being filed, and one or more formal court hearings.

An uncontested divorce is one in which there is no opposition to what is requested in the complaint, or in which both parties agree to the divorce and the terms of the settlement of all issues (property and debt division, alimony, and child custody and support).

Traditionally, the only way to get a divorce was to prove that your spouse had done something that was officially recognized as a justification for divorce. In other words, your spouse had to be at fault in breaking up the marriage. The most common reasons were adultery, spouse abuse, being sentenced to prison for a felony, and insanity. This made it difficult to get a divorce, and a lot of time, effort, and money was spent proving that the other party was at fault. All states and the District of Columbia have passed no-fault divorce laws to allow a divorce simply because at least one of the parties no longer wishes to be married.

You’ll want to make sure that there are no claims or liens against your property and determine what items or property should be included in the sale. You will also want to consider your lowest desired price and what you’re willing to accept. A property law attorney can oversee the process and protect your interests.

Although it’s a great idea to consult an attorney before purchasing a home, there are several things you should make sure of. Make sure that all property which is supposed to go with the home is included in the contract. This may include appliances or other extras you were promised. You also want to inspect the damage report and look at the surrounding area.

The title should be searched to ensure that the property is free and clear of any claims or liens. A real estate attorney can do this for you and ensure that it’s safe to go ahead and purchase the property or land you’re interested in.

Often times, the buyer will be offered a warranty policy by the real estate agency to cover certain losses incurred by that buyer. You should determine whether you were given or purchased a warranty policy at the time of the home purchase. If not, you may need to speak to a real estate law attorney.

A rental or lease agreement should outline a number of key factors related to the rental or lease of property. This may include details about payments, recourse if payments are missed, the duration of the contract, what the property should be used for, who is liable for repairs, whether pets are allowed, whether subletting is permitted and any other relevant matters. A legally sound, thorough agreement is important if you want to avoid potential landlord-tenant issues.

Residential property is generally any structure or land intended for private housing. Commercial property, on the other hand, is used for business or industrial use. Some examples of residential property include single-family homes, townhouses and condominiums. Examples of commercial property include office buildings, parking garages, shopping malls, apartment buildings and farm land.

Real estate litigation may arise from various issues. Some possibilities include: boundary disputes, homeowners association disputes, construction defects and delays, property defects, breaches of contract and landlord-tenant disputes.

Disputes are possible in any legal field, including real estate. If you are dealing with any type of real estate dispute, such as a property defect or boundary dispute, you may be able to resolve the matter outside of the courtroom through negotiation. This will usually be an attorney's first course of action, with litigation only considered if it is impossible to reach and out-of-court agreement.

Real estate law governs laws and litigation which has to do with real property – including buildings which are affixed to a particular piece of land. This might include homes, commercial property or other types of real estate.