How to choose a lawyer for case !

HOW DO I CHOOSE A LAWYER?

Ask following question to yourself after meeting few lawyers

1. Comfort Level - Are you comfortable telling the lawyer your personal information and can you trust him or her with intimate details? Does the lawyer seem interested in solving your problem? 

2. Credentials - How long has the lawyer been in practice? Has the lawyer worked on other cases similar to yours? Does he brag too much or too little?

3. Cost -   How are the lawyer's fees structured - flat fee or appearance or hourly basis? Can the lawyer estimate the cost of your case? Do the fees include miscellaneous expenditure like photocopy, typing etc? 

4. Office/Chamber Location - Is the lawyer's office conveniently located? Is it near metro or does it have sufficient parking space?

5. Communication - How does he plan to communicate with you? Email or phone? A good lawyer will tell you the time to call him.

6. Feedback/progress - How does lawyer will update about your case/result daily orders?

7. Who Will Do the Work -  Does the lawyer has solo practice or he has people with him and who will work on your case Junior advocates or interns or the experienced associate advocate?

Not sure what to talk to a lawyer, when you meet him for initial discussion of your case try asking him following questions:-                      

• How long have you been in practice?
• How many cases like mine have you handled?
• How often do you settle cases out of court?
• What are your fees and costs?
• What are the next steps? 
• What are the possible outcomes of my case?
• What are my alternatives in resolving the matter?
• Approximately how long will it will take to resolve? 
• Do you recommend mediation or arbitration?
• How will you let me know about what's happening in my case?
• What kind of approach will you take - aggressive and unyielding, or will you work to reach a reasonable settlement?

The above is illustrative guide to talk to select a competent lawyer for your case!

Pre-Divorce Planning for Women

Pre-Divorce planning for Women

If you have taken a reasoned decision of  leaving your spouse, you need a solid exit plan. In today scenario where more  marriages end in divorce And if that isn't bad enough, women are the hardest hit as a result. In fact, most women are in a worse place financially after it's all said and done. With this said, you don't have to become a statistic. You have the power to come out ahead if you have a good plan of action.

Pre-divorce planning is not about taking your spouse for all you can. It's about making smart choices with a clear mind. It involves carefully planning out all aspects of your life from where you are now to where you would like to be. It requires methodical preparation in the months leading up to informing your spouse you want a divorce. The more you plan, the better your position will be in your post-divorce life. Below are a few areas to start thinking about.

1.   Finances:  If you're expecting alimony and child support to take care of your finances after a divorce, you might be in for a big surprise. Most men will fight to keep as much money as they can. This battle can result in you having a shortage of money to make ends meet after your divorce.

2.   Career: The best way to avoid financial ruin is to make your career plans a top priority. If you're already working but your income won't be enough when you're single, start re-planning your career. If that involves career counseling, re-training or going back to school, do it now while you can. Any money spent in this area will be considered joint money and not deducted from your settlement. The key, however, is doing it before you ask for a divorce.

3.   Children: If you're a parent, you need to be prepared for how to tell your kids about the divorce. In doing so, you also need to learn ways to help them cope and to understand how their lives will be impacted.

4.   Support System: News of a divorce can create different reactions in your friends and family as divorce society looks in different way on women who go through divorce.  Some people will feel threatened and fear their of society backlash  Others, the unconditional friends, will be there no matter what. Knowing who belongs in this category is important. Those will be the people to turn to when you need a shoulder to cry on.

5.   Future Goals: Divorce can be devastating. It's the end of once-held goals that are now gone. Because of this, it's very easy to get sucked into an emotional black hole of depression. The best remedy is to create new goals for your future. Take the time to consider your interests, desires and what you'd like to do with the rest of your life. Having something positive and productive to work toward will make a big difference in your emotional life.

          Assume your lawyer will take care of everything.

    For many women in our generation, getting taken care of was the norm. So when divorce strikes, our first inclination is to put our fate in the hands of lawyer. Yes, you need a lawyer, but before you even walk into that lawyer’s office, you must educate yourself about divorce law in general and laws in particular. Get on the Internet or buy a book and start researching. If you’re not fully educated and proactive, you will wind up with a settlement you’ll regret for the rest of your life.

      Choose the wrong lawyer.

  Don’t let desperation lead you to settle for the first lawyer you consult. When choosing a lawyer, consider his or her experience. You want a lawyer who specializes in divorce in your jurisdiction. 

    Fail to consult a lawyer at all.If you can’t afford a lawyer, but your husband has substantial assets, you can ask the court to order that he pay your legal fees, which is not unusual in cases of extreme inequality of assets. If there is a possibility that you may get a substantial settlement from a wealthy husband but can’t pay your lawyer a retainer up front, an attorney may agree to accept payment on later stage.

Insist on keeping the house.

There are many aspects to consider when planning for a life without your spouse and having a roof over your head makes a better sense and don’t vacate the house in which you are living.

 Instead of hoping the best will happen, take control and make sure you're protected. 

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Pre -Divorce planning for Men

Pre–Divorce planning for men 

If you have decided to get divorced , but your spouse is still living with you then you need to a lot of important actions as to protect yourself  in ensuing  divorce.

Few of them are as follows :- 

1. Papers/Documents:

ASAP Shift your important papers or documents, files and other papers somewhere else. You don’t want your spouse to collect evidences/papers to be used against you.  It is most likely that she might be sift through your Study tables, lockers desk, briefcase, Car , telephone records, bills, and computer, looking for financial information that give her more information than it is required.

2. Bank & FD’s Accounts:

Always remember that it is  easier to give money back than to get it back So if you have joint account get them converted into individual name and if that not possible open a new account in your name and withdraw entire amount from your joint account in cash and deposit in your individual account.. However, If you are the main source of your family do not put your children and your spouse out in the cold without some money . Make arrangements so that bills will be covered. Let your spouse  know what you have done, but not before you have done it. You do not want her to clean out the account first.

3. Credit Cards:- You do not want to wake up one morning and discover that your spouse has swiped 50,000/- on your joint credit card and you are suppose to foot the bill. Close all joint credit Cards or loan accounts and notify the banks, charge cards, and others by a certified, return receipt letter that you are no longer responsible for the expenses of your spouse.

You may ask the bank to re-issue a new card or take a new account/Card your own name. This is a good time to request it. Let your spouse know r know so she is not caught by surprise. If your spouse has already started her spending spree, report the card as stolen and dispute every transaction.

4. Insurance:

If you cover your spouse or children on your Mediclaim insurance, do not drop them from the policy at least until the divorce is final. You are responsible for their medical bills until then. Even after the divorce, the employed spouse may want to keep the spouse and children covered as  paying insurance is much cheaper than to bear medical expenses.

5. Expenses:

Two cannot live as cheaply as one, especially if they are separated and trying to maintain two households. It is time to cut costs as much as possible. Cancel anything you do not need like extra telephone lines or cable television. If there is any personal property you do not want or need, sell it with permission of the courts.However, do not cut off the utilities on your children and their mother without giving them  notice.

6. Record and make inventory :

Make a list of everything in the house. Take pictures or make a video of  everything along with date . Include furniture, fixtures, electrical device, clothing and jewelry. Then you will know if something turns up missing, and you will have evidence of it.

7.Valuables:

Move your personal valuables, like clothes, jewelry, etc out of the house to a safe place. Anything with significant or sentimental value to you ought to be secured from your spouse. You are not trying to hide things. But you do not want to come home from work and find that your valuables have been sold at a yard sale.

7. Find a good  Lawyer:

Most importantly find a good family lawyer and set up an appointment right away. Some lawyers charge for an initial consultation and some do not. In the initial meeting, you will be able to get some good advice and strategy for your particular facts and circumstances. You will also be able to evaluate the Advocate as to see if he or she is  good  for you.

Your advocate like your trusted friend will give you sound advice like not to sign anything before he  reviews it. Your advocate will also advise you about other matters you will need to consider during this change in your life, for example executing a new will and changing any powers of attorney.

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Not a legal advise and no responsibility for consequences and resuts

Indian Law on Mutual Consent Divorce u/s 13B of Hindu Marriage Act and Lawyer's assistance

Divorce or a relationship breakdown is a complex problem and it requires professional help and after helping scores of couples resolving their disputes we take pride in developing a humane approach to divorce process.

Indian Law on mutual Divorce :-

Section 13B of the Hindu Marriage  Act 1955 (HMA) provides for divorce by mutual consent.

The Conditions required under section 13B of the HMA  commonly known as Mutual Consent Divorce is a divorce where

(i) The Husband and wife have been living separately for a period of one   year or more;

(ii) Further both the husband and wife have mutually agreed that the marriage has totally broken down and there are no chances of reconciliation and they have come to definite solution that their marriage should be dissolved hat they are unable to live together.

Under these circumstances a Divorce by Mutual consent can be filed.

The mutual consent divorce case can only be filed in district/family court.

How it works :-

In all in all probability there will be two(2) court appearances in a mutual divorce.

First Motion 

• First a joint petition signed by both parties is filed in court;

• Secondly statement of both parties are recorded and then signed on paper before the Hon'ble Court;

• A minimum 6 month which may extend to 18 months period is given for reconciliation, (the hon'ble court gives a chance to the couple to change their mind.

Second Motion 

• Even after time given for reconciliation if  the first motion or  at the end of the reconcile period if both parties still don't agree to come together. Then the parties may appear for the second motion for the final hearing.

• File again a second Petition for Mutual Consent along with certified order of the first motion.

• Finally Divorce decree will be granted as the Hon'ble Court may deem fit and decree of Divorce will be provided to you free of cost.

Indian Divorce :- How can we help

Our divorce mediators meet with each party individually and work to resolve one issue at a time with a balanced solution. Our divorce services ensure that our negotiators remain neutral, which allows them to find the middle ground and ensure a fair outcome. This approach works for both conflicted and amicable couples. The following steps are part of the Kaizen approach to personal problem like divorce & separation  and both parties are taken through the steps separately.

1. Engagement

We try to ensure that both parties engage in a amicable manner and resolve their disputes amicably and get their commitment from  both parties to reduce time and stress, protect the kids and maximize assets and their future wealth.

2.Your Optimum Outcome Conversation

Meet one-on-one with your senior divorce mediator so that he/she can better understand where you are and help you become future focused.

3. Seminar – What is the Law

An experienced  lawyer from our firm  will educate you on the laws, recent trends and give you timely information.

4.  Divorce Transitions Meeting

Get the tools you need to gather your financial information and lay the foundation for a positive future.

5.  Financial Pie (Consensus and Division)

Using our Independently Negotiated Resolution process, your senior divorce mediator will facilitate the division of assets, spousal support and child support (if applicable) based on a thorough and comprehensive understanding of the numbers. We strive to protect your wealth and lay the foundation for independent futures

6. Nurtured Children Plan

Create a comprehensive parenting plan. It’s a roadmap that will provide the foundation, rules and guidelines for positive co-parenting, ensuring a bright future for your children.

7. Nurtured Children Parent Education Seminar

Clients are encouraged to attend Kaizen  Divorce Solutions seminars/meetup .

8. Negotiated Resolution Plan

This comprehensive plan captures all the terms that the parties have agreed to.

9. Independent Legal Advice

The lawyers give you independent legal advice and prepare your final divorce settlement.

10. Divorce filing

Our experienced team get all the documents prepared swiftly and get them executed quickly and thereafter files the same in competent court expeditiously thereby  saving you time , money and stress.

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How to avoid Divorce

As a family lawyer and having dealt with scores of matrimonial problems , sometimes I think whether the dreadful Divorce can ever be avoided. As a person who deals with divorce cases every day i thought let me pen down how can a Divorce be avoided. The present article is just a insight to anyalse whether it is possible to avoid Divorce . It is not a legal article but a social or behavioral article suggesting changes in behaviour to avoid divorce or break-up.

1. Accept imperfection:-

Everybody wants a perfect spouse or partner irrespective of the fact that Human being are imperfect and perfection only exist in books . A person wants that his or her partner should be best of everything in looks, money, compassion as well as values but in reality we all have their shortcomings in life and accepting the same in one’s partner shall allow us to bond better with our partner leading to conjugal bliss.

2) Trusting our partner :-

We all are skeptical of others and tend to doubt our partner on trivial matters or on instigation of someone. It is imperative to understand that every relation has a place in life but having doubts on our partner on instigation of someone is first step towards distrust . consequently it is necessary that a mis-communications should be directly clarified in mature manner without blaming or shouting on each other.

3) Spending Time with our partner

Spending time which each other will result in bonding and solve every problem .

4) Smile and give a big Hug and sorry:)

irrespective of whose fault it is, in a fight smile and give a big Hug to your partner and say sorry it will help your relationship if not your Ego.

5) Stand by your Partner and give him or her a second , third … x no of chances:)

We all make mistake and forgive and forget our mistakes but if somebody else makes mistakes then we pounce on them and keep a grudge for ever that makes a dent at our relationships :(

We should be liberal towards our partners and forgive and forget their mistakes for a better future.

contd….

Rohit Naagpal

0-9213111310

0-9212786555

rohitnaagpal@gmail.com

Author is lawyer having offices in Delhi & Mumbai and his key area of practice is matrimonial.
The Author also conduct workshops both pre and post Marriage Issues