25 Mar 2012 by in Divorce Lawyer Read 6488 times

Our Beijing divorce lawyer will explain how to draft a Beijing divorce agreement.

As time goes on after you're divorced, you may decide that the terms of your divorce no longer work for you given changes in your life or in your children's lives. For example, your employer is in financial trouble and has asked everyone to take a reduction in salary or your children have gotten older and require more expenses. Or maybe you've never been happy with the terms of your divorce and, although you've done your best to live with them, you've decided now is the time to try to get them changed.

If you and your former spouse see eye to eye on the changes, modifying your agreement or the judge's court order should be relatively hassle-free, assuming that the court shares your perspectives. Just as you did when you got your divorce, you must draw up a revised agreement with the help of your attorneys to be certain that you do not create any problems for yourselves. Then the attorney of whoever wanted to change the agreement files the agreement with the court so that the new agreement can be court ordered. However, if you want things changed and your spouse doesn't, or vice versa (which is more likely), you may be in for a replay of your divorce battles.

If you and your spouse don't see eye to eye about the changes one of you wants to make to the terms of your divorce and you don't want to minimize your legal expenses, try mediation. Mediation is a good way to avoid the expense and emotional upset of hiring attorneys and possibly having to go to court again.

Courts are more open to changing the terms of custody, child-support, or spousal support agreements than they are to changing the terms of a property settlement agreement. In fact, many states prohibit such a change. States that do allow modifications of property settlement agreements usually provide only a very short window of opportunity — typically 30 days after your divorce — for requesting the change.

19 Mar 2012 by in Divorce Lawyer Read 13940 times

Can property acquired prior to marriage be divided upon divorce? Our Beijing divorce attorney answers as follows:

Generally, assets owned by either spouse before the marriage will remain that spouse's separate property after the marriage ends. The property won't be divided or distributed by a court as marital property.

It's possible to handle separate property in such a way that it gets "commingled" or mixed with property acquired after the marriage. Money is the best example of this. If you put your separate money into a bank account that both you and your spouse make deposits and withdrawals, that money might become property of the marriage. It could be divided at divorce.

A couple can also agree to change property from separate to marital, such as where one spouse's pre-marriage home is re-titled in both spouse's names.

You are welcome to send questions regarding Beijing divorce and our beijing divorce lawyer will reply very soon.

19 Mar 2012 by in Divorce Lawyer Read 22126 times

For those of you who decide to divorce in Beijing, you might think of how the assets are divided in Beijing divorce court. One of the main components of any divorce settlement is a property division agreement. If you and your spouse are able to agree upfront about what to do with your property, you can save thousands of dollars in legal fees. If not, the only answer may be to battle it out through attorneys. Either way, it pays to know what you’re dealing with. The following information isn’t meant as legal advice, it’s just some common ways people divide (or keep) assets during a divorce.
 
Deciding what to do with the marital home is one of the biggest decision is any divorce. We have dedicated an entire page to the discussion of what to do with the marital home.
 
Retirement plans could possibly be the most valuable asset you own. Your retirement portfolio, in addition to the typical pension, profit-sharing, might also include other employment benefits such as bonuses, vacation days, and stock options. The portion of your retirement plan that’s considered “marital property” might be subject to division. What your state considers as marital property, and how it divides marital property, will be determined by your state’s laws. When dealing with such a large asset, it’s very important to get expert help. You can speak to your plan advisor, an attorney, and/or a tax expert like an accountant. Before you decide that each spouse will simply keep their own pension, and before you make any decision relating to how much each spouse will get or how it will be divided, you’ll want to know exactly what you’re dealing with and exactly what you might be giving up. To get an accurate estimate of the plan’s worth, you should have the plan valued by an expert. You should find out what, if any, penalties and tax consequences there will be if you divide and distribute the plan. Also keep in mind that different methods may be available to you for dividing the plan. You should, at a minimum, find out the answers to the following questions, and decide what makes the most economical sense. You may need an attorney and/or accountant to help you figure this out.

15 Mar 2012 by in Divorce Lawyer Read 974 times

Beijing Divorce litigation refers to a legal action that occurs when two parties want to get a divorce and cannot agree on the terms of the divorce. Some type of divorce litigation occurs in every country that recognizes divorce. Certain countries, such as the Philippines, do not recognize divorces at all, and thus no divorce litigation exists.

When divorce litigation is permitted within a country, the divorce cases are usually handled by a family court. This is a court of limited jurisdiction that handles only family law cases, as opposed to criminal or civil cases. These courts specialize in dealing with divorce-related matters and can give more time and attention to a divorce case than a standard court could, due to the backlog of cases and the need for swift justice.

Litigation in the event of a divorce occurs if the divorcing spouses cannot come to a settlement agreement on their own. If the divorcing spouses can negotiate an agreement, no litigation need occur. The divorce lawyers simply draft the agreement, the court reviews and approves it, and the divorce is finalized by the court.

14 Mar 2012 by in Divorce Lawyer Read 13639 times

The majority of the cases handled by the lawyers of this Beijing Law Firm are divorce cases. Divorce is a highly challenging area of law due to the complex legal and emotional issues which are involved. Consequently, whether you are the spouse filing for divorce or the spouse responding to a divorce action, it is critical that you have the right representation.

Because of the expense involved, and the relationships with children which are often involved, our lawyers' primary goal is to get our clients through the divorce process as efficiently as possible given the particular circumstances of the client. Our Beijing divorce lawyers recognize the importance of negotiation and attempting to settle divorce related-matters, and encourage our clients to do so in every case. Often a divorce case can be resolved through informal negotiations. In many cases, however, a more formal approach is necessary. In such cases, mediation is used to effectively resolve disputes.

Although an attempt will always be made to resolve a divorce through settlement, our lawyers also recognize that in many cases, divorcing spouses simply cannot agree on the terms of their divorce. As a consequence, these cases must go to trial. In such cases, our lawyers have the experience necessary to effectively pursue our client's interests in the courtroom.

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