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Free Or Almost Free Lawyers

admin — Sun, 04 Apr 2010 14:14:52 +0000

There are many benefits available that allow a person to obtain a free or hire an attorney at a greatly reduced rate. Most union members are eligible through their union for this type of service. United Auto Workers have a plan that allows their members to one free legal consultation for 30 minutes on any particular topic. They are also eligible to have an attorney review documents and send one letter, also at no charge. Many unions avail themselves of the Union Privilege Legal Service Plan. This Plan covers numerous unions that allow their members free consultation with an attorney, and free review of documents. This Plan also allows a member to hire an attorney at 25% off the normal hourly rate.

Another source for an attorney to represent you would be the American Automobile Association [AAA]. They will provide up to $500.00 in attorney’s fees in defending you against any traffic citation other than drunk driving and criminal violations. AAA will also guarantee up to $1000.00 towards an arrest bond for a driving violation other than drunk driving and criminal.

For those who are members of the Armed Forces of the United States, you can receive free legal advice through the Judge Advocate General’s Office (JAG). You may also get free legal advice through the Armed Forces for such matters as writing a will, alimony and child support.

If you are involved in automobile accident in which you are at fault, your insurance carrier will provide free legal representation to you in defending any suit covered by your policy. On the other hand, if you are involved in an automobile accident that is not your fault, many lawyers, including myself, will represent you without any advance fee for a one-third fee of whatever is recovered (you are responsible for out of pocket expenses to the attorney, such as photocopying charges, fees for obtaining records, deposition costs and court costs).

The Public Defender will represent you for free or minimum charge if you meet certain low income requirements. Many lawyers, including the author of this article, will provide a free initial consultation on almost any legal matter that they handle.

Try contacting your local Bar Association. Most, for a small fee (usually $35.00 or $40.00) will hook you up to a local attorney who will give you a half hour consultation.

Free Or Almost Free Lawyers There are many benefits available that allow a person to...
Free Or Almost Free Lawyers There are many benefits available that allow a person to...
Free Or Almost Free Lawyers There are many benefits available that allow a person...

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Free Or Almost Free Lawyers

admin — Sat, 16 Jan 2010 09:08:18 +0000

Try contacting your local Bar Association. Most, for a small fee (usually $35.00 or $40.00) will hook you up to a local attorney who will give you a half hour consultation. This is usually enough time for the lawyer to point you in the right direction on representation.

Free Or Almost Free Lawyers There are many benefits available that allow a person to...
Free Or Almost Free Lawyers There are many benefits available that allow a person to...
Free Or Almost Free Lawyers There are many benefits available that allow a person...

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Free Or Almost Free Lawyers

admin — Mon, 11 Jan 2010 14:18:16 +0000

Free Or Almost Free Lawyers There are many benefits available that allow a person to...
Free Or Almost Free Lawyers There are many benefits available that allow a person to...
Free Or Almost Free Lawyers There are many benefits available that allow a person...

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Free Or Almost Free Lawyers

admin — Thu, 10 Dec 2009 04:00:05 +0000

Anne Arundel County

410-280-6961

Baltimore City

410-539-3112

Baltimore County

410-337-9100

Harford County

410-836-0123

You should take advantage of all these legal services. One of the reasons that lawyers are now permitted to advertise is to inform the general public of the availability of lawyers for free initial consultation. Check with your employer to see what benefits of legal representation and services are available to you at no or little cost.

Free Or Almost Free Lawyers There are many benefits available that allow a person to...
Free Or Almost Free Lawyers There are many benefits available that allow a person to...
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Uncontested Divorce in Rhode Island (RI) by Family Law Attorney

admin — Wed, 11 Nov 2009 19:07:55 +0000

This article explores the different types of uncontested divorce in Rhode Island and explains the process of obtaining an uncontested divorce. Uncontested divorces should be much less expensive then contested cases. Article by Attorney David Slepkow 401-437-1100. It is a bad idea for someone to try to represent themselves without a Rhode Island lawyer in a divorce or family law matter.

The phrase “uncontested divorce” often means different things to different people. In my ten years of experience, I have seen many different types of cases in which people claim that the divorce is uncontested.

There are three different paradigms that I have seen:

1) No assets and no children

This is a true uncontested divorce! The parties have no assets, no real estate , no children and no joint debt. No property settlement agreement is needed. However, a significant amount of work is still required by the lawyer. The parties still must go to court for a nominal divorce hearing. However, this type of divorce takes the least amount of time for an attorney. Therefore, it should be less expensive. I believe that attorneys should offer flat a fee divorce when there are no assets and no issues to resolve.

2) Property division and / or children involved

In an uncontested divorce, the husband and wife agree to all or substantially all of the issues between the parties including if applicable property division, child support, child custody, child visitation, alimony, automobile issues, real estate issues, debt issues etc. However, despite the agreements, there may still be details to iron out! The parties may need a property settlement agreement memorializing their agreements.

If there are assets that need to be divided then the family law lawyer may need to prepare a property settlement agreement, deeds, mortgages, promissory notes, qualified domestic relation orders (QDRO) etc. For example, if the parties need to divide a retirement account the lawyer must prepare a qualified domestic relations order.

Therefore, the cost of the divorce could vary depending on the circumstances. For example if a lawyer has to draft a property settlement agreement than he/she will devote more time to the case.

What extra work is needed to divide a retirement account?

In order to split a retirement account, Individual Retirement Account (IRA), pension, 401k, 403b, defined benefit plan, defined contribution plan or stock options, the lawyer must prepare a qualified domestic restraining order otherwise known as a QDRO so that there are no tax implications for the parties. That QDRO must be approved by the plan administrator for the retirement plan. It also must be entered as an order of the Family Court as well as sent to the plan administrator for implementation.

3) “Uncontested” divorce which is really “minimally” contested

Some people claim that the divorce is “uncontested” but it is actually minimally contested. In this scenario, the parties agree to most major issues but have some minor issues to work out. For example, the parties may agree that there will be reasonable visitation but not agree as to the actual dates and times. The parties may agree to child support or child custody but not agree to all the particulars. The parties may agree that the marital domicile is to be sold as soon as possible by a Licensed realtor but have not agreed on the listing price of the home or have not agreed how the proceeds from the sale will be divided.

This type of case is usually more expensive than a true uncontested divorce because the lawyers will have to get more involved in negotiation and attempting to work out the points of contention. Furthermore, the Lawyer may need to draft a property settlement agreement setting forth in writing issue concerning the marital domicile, equitable division of property, child custody, child support and visitation issues.

4) “Uncontested” divorce which really is contested

I have seen countless times when a client says that the divorce is uncontested. I then ask them to explain the agreement. The response is sometimes: ‘we agree that we will agree’. As we all know, the devil can be in the details! An agreement to agree is not necessarily an agreement because nothing has been agreed to except that the parties think that they will agree.

Often people claim that the actual divorce is not being contested. Whether or not a person will dispute the obtaining of the actual divorce is immaterial because Rhode Island is a “no fault” state. If one party wants to terminate the marriage and meets the residency requirements they can obtain a divorce whether or not the other party agrees to it or not.

Intake process, drafting divorce documents for filing and filing

There is typically an intake process in which the lawyer gets the basic information so that he or she can properly represent you. The attorney typically drafts the documents and you sign them in front of him/her or another notary. These documents include a complaint, DR(6) financial statement, statement of children of the marriage, counseling statement, summons and automatic divorce order etc.

It is important that the DR6 form otherwise known as financial statement is accurately filled out.
After the documents have been signed and notarized, the case must be filed. A Court date of approximately 65 days will be set by the Court. The Defendant must be served by the constable. If the Defendant lives out of state he or she can be served by certified mail

Nominal or Contested Track

When a divorce is filed, the case is put onto one of two tracks, the contested track or the nominal track. The Plaintiff in his or her initial filing designates the track they desire. The vast majority of divorces filed are placed on the “nominal track”. An uncontested divorce should be put onto the nominal track. Designation on the “nominal track” does not necessarily mean that the divorce will be uncontested.

If the case is put on the nominal track then the clerk will automatically set a nominal divorce hearing upon the Plaintiff filing. This hearing will typically be scheduled from 65-70 days after the Plaintiff files. In the event that the case is not settled by the nominal divorce date then the case will automatically be changed to the contested track

On the date of the nominal hearing, at the call of the calendar, the case will be either ready nominal or the parties will ask the judge to hold the case so they can try to resolve any remaining issues. If the parties cannot resolve the remaining issues they will inform the Court clerk or the judge that the case cannot be settled and the case track will be changed to the contested divorce track. If the case track is changed there will be no hearing that date and the court will inform the parties of a future conference date.

A hearing is required under RI law!

Pursuant to Rhode Island General Law a divorce cannot be resolved without a nominal hearing. At the nominal hearing certain testimony must be elicited in order for the divorce to be granted. In some circumstances, it is necessary to have witnesses to briefly testify to prove residency. If you don’t have the required witnesses your case could be delayed or even dismissed and you may waste your time attending court.

Residency in RI

Is it necessary to prove compliance with the residency requirements at the “nominal hearing” in order to obtain an uncontested divorce? Yes!

In order to file for divorce you need to have been a domiciled inhabitant and resident of Rhode Island for one year prior to your filing of the complaint. If you have not been a domiciled inhabitant and resident of RI for one year prior to filing your complaint for divorce, you can file based on your husband’s / wife’s residency for one year prior to the filing. It does not matter if you change your residency or move out of town the next day so long as you were a resident on the date of the filing and for one year prior!

(There are exceptions for people in the armed forces (army, navy, air force, marines, military) who are stationed in other states or countries)

Proof of Residency

In order to prove residency, it is sufficient, if both parties appear at the nominal court date and testify that at least one of the parties was a domiciled inhabitant and resident of Rhode Island for one year prior to the filing of the complaint for divorce. The Family Court will typically waive the requirement for additional witness if both husband and wife attend the nominal court date and testify that at least one party had the requisite residency as set forth above.

If only one party attends the nominal court date then you need one of the following in order to obtain a divorce (a) two additional witnesses in court to testify to the one year residency of the Plaintiff or Defendant (b) one witness in court to testify to the one year residency of the Plaintiff and an affidavit from a different witness attesting to the person’s residency. (This affidavit form can be easily obtained by the clerk of the Rhode Island Family Court.)

If you do not meet these requirements to prove residency your case may be dismissed or you may be given additional time to obtain the necessary witnesses or affidavit

What County in the family Court should the case be filed in?

Please note that all the counties in Rhode Island (Providence, Kent, Newport and Washington County) follow the same general rules and procedures. However, each County has different Summons. Make sure that your divorce case is filed in the appropriate County. At least one of the parties must reside in the County in order to file in that County. In Some Counties the same judge will hear the entire case.

In Povidence County, the nominal hearing will usually be sent to a magistrate. Providence County includes East Providence, Providence, Cranston, Cumberland, Barrington, Bristol and other towns and cities. Kent County includes Warwick & East Greenwich as well as other towns. Newport County includes Newport, Middletown & Portsmouth. Washington County includes South Kingstown, Wakefield etc.

Is representing myself “pro se” a good idea?

Pro se is a latin word which means a person represents themselves. Most Rhode Island divorce and family law attorneys have done these nominal hearing hundreds of times. It is a very bad idea for a person to represent himself or herself in a divorce! As the old adage goes a person who represents themselves has a fool for a lawyer. Since everything you have worked so hard for is on the line it is foolish to go through the divorce process without a family law lawyer.

Documentation to finalize process

After the nominal Court date a Decision Pending Entry and Final Judgment must be submitted to the Court and signed by the Judge. Without a final judgment signed by the judge and entered as an order of the Court, the divorce will not be final and you will remain married.

By: David Slepkow

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Divorce and You – Your Checklist to Know If You’re Doing it Right

admin — Fri, 06 Nov 2009 03:34:08 +0000

The after effect of divorce can be totally damaging so better ensure that you have all the proofs and claims to support your desire to aim for the elimination of your marriage vows. What you must look forward to is the life that you have to build after your divorce. Here is a simple checklist to see if you are indeed going through the right track:

Are you being abused? If during your entire stay with your husband you’ve been abused physically, mentally, emotionally, or verbally and this has happened repeatedly and in grave intensities, then you have your grounds for divorce. Don’t allow yourself to become battered. Has he cheated on you? Infidelity must not be tolerated or else, you’ll find yourself without a way out. Is he making more money than you do? If you have more income then you can probably live better by yourself. But if he does, then you can get a fat chance for alimony and child support if it applies. Are you happy with your marriage? You may have all of the conveniences with him but are you happy day in and day out? Don’t trade your happiness with the material conveniences that he can provide for you and your children. Are you going to be OK after the divorce? You may fear that things may not normalize again but you have to try and think things over. If you see that it is the only solution then do it. It is important that you have the courage to face the days ahead after the legal process.

Again, deciding to get a divorce is a tough task. So, think things over a hundred times.

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Divorce – Find a New Beginning

admin — Wed, 04 Nov 2009 19:21:50 +0000

Divorce is never a pleasant subject, but it is reality. If your entering a situation like this you’ll want to get the best representation you can afford, this is key to a successful beginning for your new life. You will find out how the right attorney can help.

I know divorce can feel like the end, an empty lost feeling that won’t go away. This is where a good divorce attorney comes in, they will protect and fight for your needs, your new beginning. As hard as it might be you have to prioritize what you want from a divorce.

This process will determine which type of attorney you’ll hire. It could be a child custody lawyer or one that specializes in spousal alimony. The outcome of this settlement will determine the success of how your new life will start. With emotions running high, finding the right divorce attorney is imperative.

There are two things to look for:

-Specialty
-Fees

Even though lawyers will advertise they handle divorce cases, this doesn’t mean that’s their specialty. In a situation as delicate as this you want the right attorney for your needs. As the law can be complicated so can the process of negotiating your needs.

Fees are always a factor for the average person, don’t hesitate to discus and even negotiate fees upfront. This is one area you don’t want have confusion in and find yourself without representation in the middle of a trial. Get the fee schedule in writing along with any extras that could occur.

Finding the right divorce attorney will have a definite affect on the outcome of your case. Be specific on your needs, be clear on what you can afford and interview several lawyers before you make a decision. ]For further information about finding an attorney.

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Divorce Lawyers For Men

admin — Fri, 10 Jul 2009 01:52:20 +0000

Divorce is the term used to refer to the legal dissolution of marriage. Divorce involves a lot of mental trauma apart from the obvious financial strains. Couples undergoing divorce require considerable support and understanding from their colleagues and their family. Most divorces cost thousands of dollars and take months to complete. A significant part of the costs involved in divorce proceedings is the fees to be paid to the attorneys involved. There are many attorneys who specialize as divorce lawyers for men.

Typically, in any divorce case, the needs of the husbands are different from that of the wives. Husbands also have to deal with substantial financial strain apart from the attorney fees. Alimony is a major factor in divorce proceedings, from the point of view of the male partner. A fair calculation of the alimony amount is essential to protect the husband’s interests. It especially becomes complicated when the couple has children, due to the custody issues that have to be sorted out. To protect his rights, it is necessary that the male partner involved in a divorce engages a lawyer who focuses on handling divorce cases for men.

ADAM or American Divorce Association for Men is an organization that deals with divorce issues faced by men. It ensures that the man knows his legal rights and various other facets of the separation such as child custody, child support and alimony – and what he is legally obliged to with each.

Divorce attorneys discuss the different legal options available, in detail, with their clients. They counsel them on the various options available to them during the divorce proceedings. It is important for men seeking divorce to get sound legal advice in order to secure their finances in the future. During a divorce, the family finances may be examined and divided by the court. Good divorce attorneys can provide advice on parenting plans after the divorce, keeping the best interests of the father and the children. They can also refer and recommend counselors and therapists, who can help the family get through the difficult times.

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