QUESTION

Where can we find an aggressive divorce attorney that understands the farming industry?

Asked on Jun 01st, 2015 on Family Law - Montana
More details to this question:
This case involves (i) equitable distribution of land, equipment, grain, and money etc. owned by my husband and myself, and (ii) equitable distribution of land, equipment, grain etc. owned in partnership between my husband and his brother. My husband committed adultery in the summer of 2009. He moved out of our farm residence in January 2010, and he filed for divorce in March 2010. These are my concerns: Current attorney insists that (i) I will not get any of the land owned by the Partnership of my husband and his brother. Is this correct? Some of this "Partnership land" is better quality land/ better rental land than the land owned jointly by my husband and myself. (ii) I want education costs included in divorce agreement (iii) Spousal supp port isn't even being considered. Please advise. Thanks.
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11 ANSWERS

Family Law Attorney serving Fountain Valley, CA at Law Office of Edwin Fahlen
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You can find the aggressive attorney you are looking fore right here.
Answered on Jul 16th, 2015 at 9:16 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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The value of the land, equipment, grain, and his interest in the partnership and all of its assets, all less debts are, at the start, generally are 1/2 yours. Spousal support depends on a number of circumstances. The case should have been long over, 5 yrs is much too long for a divorce case to remain unsettled. You need a divorce attorney with an understanding of business/farming or at least a second opinion of the present status. We have that experience.
Answered on Jul 16th, 2015 at 9:16 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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My advice is to listen to your attorney, or get a new one. But the new attorney may tell you the same thing. This divorce has been going on for five years and now you want to get a new lawyer? It can be done, but the new lawyer is going to have to spend many hours catching up on what has been going on these five years, and then he/she is more likely to miss some of the details. You should understand, on this site, we don't know what state you are in, and I only practice in NY, so I don't know what equitable distribution rules apply in your state. Generally speaking, you should be entitle to half of the value of the marital assetts. So, if your husband owns half of the partnership and acquired that ownership interest during the course of the marriage, then you should be entitled to half of the value of his half of the partnership. It's the partnership that is the asset, not the land etc that it owns. Similarly, you (should be) entitled to half of the value of the land etc that you and your husband own together. Perhaps not the assets themselves, but the value of the assets. As for education costs, if you are talking about future expenses, that's on you. If you are talking about student loans already incurred, then it's possible he might have to contribute, but again your lawyer is in a much better position to answer that than I. Regarding spousal support, usually the key factor there is "disparity of income" so if he is making a significant amount more than you, that's when it comes in to play. Otherwise, if you are each capable of supporting yourselves, then it's a wash.
Answered on Jul 16th, 2015 at 9:16 PM

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James Eugene Hasser
Word of mouth is usually the best referral system. Ask family and friends about divorce lawyers. Research the internet. Call the Bar Association. Good luck.
Answered on Jul 16th, 2015 at 9:16 PM

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You will need to go to a city near a local farming community and speak to various divorce attorneys to see who you like. This site can not recommend attorneys [anyway, I do not know any divorce attorneys]. You can drop by the courthouse to see if any divorce attorneys are trying cases to see if you like their style [often their can be an inverse relationship between aggressiveness and competencyif you don't have any facts to argue, blow smoke]. You can prepare a short passage on what you are looking for and why and e-mail it to the web sites of divorce attorneys. In a divorce, almost any terms can be entered into, as long as not against public policy or the law, that the parties agree to. So your husband could give up his interest in the land he owns with his brother, but do you want to have to deal with the brother? Partnerships can be dissolved or interests transferred. Do not yet give up on spousal support [unless you earn a lot more than he does] as you may want to use it as a bargaining chip to get more of what you want. Remember, California is a no-fault state, so technically it does not matter that he cheated on you.
Answered on Jul 16th, 2015 at 9:16 PM

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Thomas Edward Gates
Depending upon your location, I can provide a resource for retaining an aggressive divorce attorney. It does not need to someone who knows farming, but rather one dealing with real property.
Answered on Jul 16th, 2015 at 9:16 PM

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Lisa Hurtado McDonnell
I don't do divorce cases. Sorry need to talk with someone else.
Answered on Jul 16th, 2015 at 9:16 PM

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Ronald A. Steinberg
In a small farming community.
Answered on Jul 16th, 2015 at 9:16 PM

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Personal Injury Law Attorney serving San Diego, CA at Law Office of Robert Burns
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You first need to give an indication of where the farm is located or your ability to fly an attorney around the State.
Answered on Jul 16th, 2015 at 9:16 PM

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It's not our practice to recommend particular lawyers on this site. You might consider calling the Wisconsin State Bar Referral and Information Service. You could also look online (try Avvo.com) or the yellow pages for your locality. There's nothing wrong with calling some lawyers and asking if they are familiar with the relationship of divorce to farm property issues. In rural counties there are likely a number of lawyers who have expertise in both areas. Good Luck
Answered on Jul 16th, 2015 at 9:16 PM

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Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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Your claim on the partnership assets depends on too many factors to guess, however, your husband was the partner so if he brought it all to the marriage he will probably receive it. Maintenance (alimony) is not favored. Vocational retraining is more likely depending on your situation. Our office never handles family law so you should listen to your current lawyer.
Answered on Jul 16th, 2015 at 9:16 PM

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