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Do You Need A Divorce To Escape Your Abusive Spouse? What To Consider

Posted by on 6:31 am in Uncategorized | Comments Off on Do You Need A Divorce To Escape Your Abusive Spouse? What To Consider

If you are experiencing domestic abuse and you are considering a divorce, you want to meet with a divorce lawyer to talk about the safest way to go through with the process. You want to be sure that you can file without your spouse coming after you or trying to abuse you, and that you have somewhere you can go for protection from your abuser. Here are few of the things it would be best to have when you go to meet with the attorney. Proof of Abuse Do you have physical proof that you’ve been abused? Here are some great types of evidence you’ll want to have for your case: Pictures of bruises or markings Eye witnesses that have seen the signs of abuse on your body Messages or written talk of the abuse from the abuser Police reports or complaints of abuse or disturbance at your household Threats from the abuser These are going to be a key to show why you want the no contact order, and why you want to file for divorce. A No-Contact Order You want to file for a no-contact order so it’s illegal for your spouse to contact you after you file for the divorce. This way, they know they will face legal consequences if they try to call you or meet up with you in person. You will need to have evidence of abuse to get the no-contact order approved and put in place when you file. Divorce Settlement Work on a divorce settlement with your lawyer so you can present the settlement to your spouse as soon as you file. They may be willing to settle the divorce to get everything over with quickly if they notice that you are very serious about following through, and if they aren’t able to contact you. The lawyer can work with you to make the settlement fair and detailed, so you can get everything over with quickly. There are a lot of different advantages to meeting with a lawyer and getting the protection in place before you file for divorce, instead of filing for divorce and then waiting to see if the abuser wants to abuse again. Talk with an experienced divorce lawyer at a law firm like McKissick & McKissick and bring all of your information and proof so you can get your case started, and so you can get closer to being safe from your...

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Court -Ordered Visitation: What You Need To Know

Posted by on 11:18 am in Uncategorized | Comments Off on Court -Ordered Visitation: What You Need To Know

Whether you and your spouse were able to work together to create a fair, workable child visitation agreement on your own or whether the family court intervened and created one for you, you should know that you are obligated to follow the order. Since child custody, support and visitation can be among the most contentious of issues when divorcing, the potential for problems when working with the ordered plans can be high. Once child visitation is set, you or your ex-spouse cannot modify the plan by denying visitation, so read on to learn more about how to handle some common child visitation issues. Should You Deny Visitation? Problems can arise, and in some circumstances you may not want to allow your ex-spouse their court-ordered visitation. Tread very carefully when denying visitation: you must keep the best interest of the child at the forefront of any actions you take to prevent the non-custodial parent their visitation. If you allege bad behavior on the part of your ex, be prepared to show proof of that wrongdoing before a family court. Emergency suspensions of child visitation could be warranted if you suspect (or know) that child abuse is occurring with the non-custodial parent. Make sure that you contact the police first, and then your attorney to request the suspension and to schedule a visitation modification hearing. Make sure that you gather as much proof as possible for the hearing, including the police report and medical records. The same route should be followed for any allegations of alcohol or drug abuse. Be aware that proving these allegations is both important and tricky. Without an arrest, you may have only your suspicions to show the court. If you are found to be making false accusations, your custody arrangement could be placed in jeopardy. Remember, the courts place the best interest of the child at the top of the priority list, and a parent who makes false claims is not demonstrating good parenting. You Should Not Deny Visitation for These Reasons Child support non-payment. You can be excused if you are under the impression that a parent who fails to meet child support obligations has no rights to their court-ordered visitation, but this perception is entirely false. Unlike the connection between child visitation and child custody, child support and child visitation are completely separate issues. That does not mean that it’s okay for your ex to miss or fall behind on child support payments, however. You must take legal action against your ex-spouse, and most states pursue deadbeat parents quite vigorously, with penalties for non-support ranging from wage garnishment to jail time. That being said, you must continue to allow your ex their visitation unless you can show good cause to have the visitation order amended, and non-payment of support is not a valid reason. Ex-spouse in new relationship. Unless you can show that the new relationship is endangering your child in some way, this is never a reason to deny visitation. The new situation does merit close scrutiny, however, since any new person in your child’s life could be a potential bad influence or even a danger. Minor issues. The courts expects parents to settle minor problems without their intervention. Issues like late pick- ups or drop-offs, poor meal choices for the child, letting...

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On Living Trusts: A Few Commonly Asked Questions

Posted by on 11:48 am in Uncategorized | Comments Off on On Living Trusts: A Few Commonly Asked Questions

A living trust operates in much the same way that a trust does, except that a beneficiary to oversee the affairs of your estate and property is named and given reign while you are alive. You can even name yourself as the beneficiary of a living trust. There are a few questions that you might have about living trusts, however. Read on, and a few of the more common questions will be answered for you. Does the Grantor Require an EIN? An EIN, or Employee Identification Number, might be required on behalf of the grantor for tax purposes. In cases where the government does ask for an EIN from the grantor on various forms and sheets, the grantor can simply write in his or her social security number. After the grantor dies, however, the person who become the successor to the living trust will be assigned a specific EIN by the IRS that will differ from his or her social security number. Should You Make a Living Trust? If you are sure you know who you want to inherit your assets and property and do not want your family to go through the process of probate court, then you should invest in the time and effort of having a living trust drawn. Probate court is a process wherein the court decides who will inherit your property, assets, and debt. Much of the profits and assets that your family stands to inherit can wind up going toward court fees during this time, so it very well may pay to hire a lawyer who specializes in wills and trusts, such as a professional from Donald B Linsky & Associate Pa, to draft a living trust on your behalf. Will You Still Need a Will So Long As You Have a Living Trust? In a word: yes. Simply put, a living trust will name a beneficiary for your current assets. This means that any assets that are not listed—assets that were either forgotten or accrued after the living trust was drawn—may be considered to be in legal limbo without an inheritor. A will can make for broader provisions than a living trust can. You can, for example, declare that all property and assets not covered by the living trust can be transferred to the beneficiary of the living trust, or you can declare that certain things should be transferred to other individuals who are not the beneficiary of the living trust. If you don’t have a will, and some asset or property is not covered by the living trust, the property in question will be transferred to your closest relatives as determined by your state’s law....

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Injured While On A Playground? Know Your Rights

Posted by on 1:35 pm in Uncategorized | Comments Off on Injured While On A Playground? Know Your Rights

Accidents that happen on a playground can be relatively harmless or traumatic if it causes a very serious injury. If the injury occurred at a school, daycare, or local park, it’s possible that you can receive compensation for the damages. Know when you should contact an injury lawyer to help with a personal injury claim. The Playground Is In Disrepair A playground should be maintained with working equipment for safety reasons. If the playground you were at had equipment that was clearly broken and in need of maintenance or an inspection, the blame could fall on another party for not doing their job. Disrepair extends beyond just playground equipment. Even pavement this is crumbling can be a safety hazard that the owner is responsible for maintaining. The Playground Was Not Supervised If your child was injured at day care or school, it’s typical for playground activity to be supervised by an adult. If the injury happened because those adult supervisors were being negligent and not performing their duties, you could have a personal injury case on your hands. Negligence can happen by being distracted, which includes a supervisor being on their cell phone or talking with another employee. If they allowed an accident to happen that is preventable, they could be found liable for it occurring. Liability can also happen because there are not enough supervisors out on the playground. State laws apply to daycares where specific children to adult ratios must be enforced at all times. An Injury Was Caused By A Child or Animal Some situations would place liability on a pet owner or another parent. This is common at a public park where every adult must be responsible for who they are with. This extends to both their own children and pets. If a pet owner is letting their dog run loose around the park, they would be responsible if their dog were to bite a small child. A parent must control their child if they are being aggressive to other children on the playground and causing injuries. The Playground Does Not Have Proper Notices A playground should have size or age limitations posted so that you know what equipment is safe for your child to play on. If there are not any notices posted at the playground, it may not be your fault if your child is hurt playing on equipment that was not designed for them because they are too young. When one of these situations applies to you, work with a lawyer about making a personal injury...

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Divorce Financial Pitfalls That Can Surprise You

Posted by on 8:55 am in Uncategorized | Comments Off on Divorce Financial Pitfalls That Can Surprise You

It’s possible for a divorce to leave you without much money when everything is finished. While some reasons for this are inevitable, some reasons can be avoided. Here are 3 of those avoidable reasons. Giving Away Assets A common mistake you can make during a divorce is giving your spouse assets that you do not care about. This could be from having an emotional association with the item from that marriage, and simply not wanting to be reminded of it by having that item after the divorce. The reason this is a mistake is because every asset has a value attached to it, and that should be used as a negotiation tactic. Assets can always be sold, so by giving them away because you don’t want to deal with them, you are losing out on money. Always assign a monetary value to everything that needs to be split during a divorce, and negotiate under the assumption that assets can be sold for cash if you do not want them. Ignoring The Tax Implications There are potential tax complications with marital assets you’re fighting over, and many people don’t think about them until it is too late. For instance, you may be offered alimony as a lump sum or as a monthly payment. If the lump sum of alimony bumps up your tax bracket, you could end up paying more taxes on that money now than if you distributed it as monthly payments. Selling a home can also have unforeseen tax implications with capital gain taxes. As a single person, the tax threshold for earnings made from the sale of a home drops from $500,000 to $250,000. If you win the home in the divorce and decide to sell it, you may now have to pay capital gains taxes that you would not have had to pay as a married couple. Fighting For Things That Don’t Matter While a divorce is very emotional, you must remember to not let emotions get in the way of determining the final settlement. It’s possible that you will feel a bit vindictive towards your spouse and want to fight to get more than you deserve. You’ll be spending more money on legal costs to intentionally hurt your spouse, and may not see any financial gains from it. For more info about the potential financial pitfalls from a divorce, work with a divorce attorney in your area. They can help guide you through the entire process so that mistakes are not...

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3 Tips To Prepare For Your Child Custody Mediation

Posted by on 12:14 pm in Uncategorized | Comments Off on 3 Tips To Prepare For Your Child Custody Mediation

Divorce is never easy, but it can be especially difficult if you and your spouse are engaged in a dispute about child custody. These disputes can sometimes turn ugly, and they may put children in difficult positions. Very often, courts and attorneys advise couples to engage in child custody mediation, which is a private negotiation with a third-party serving to facilitate the conversation and encourage a settlement. If you opt for mediation, it’s important that you enter the process prepared. The more prepared you are, the more effective you will likely be at negotiating a favorable outcome. Below are three tips to help you prepare: Create an agenda. A mediation session shouldn’t be a free-flowing conversation. Ideally, you want it to have some structure so you can be certain that all of your important points will be addressed. Before the mediation, take some time to think about the most important issues to you. Those may be things like custody, visitation, holidays, vacations, and perhaps the other parent’s behavior when the children are around. Before the mediation, distribute the agenda to your attorney, the mediator, and your spouse’s attorney. You will likely need to adjust your agenda to accommodate the other spouse’s concerns, but at least you can be sure your points will be discussed. Set your priorities. The key to any negotiation is knowing what you will and will not accept. When you know your desired outcome, it makes it easier to negotiate from a position of strength. Think about your optimal outcome, but also think about what outcomes you will accept and which outcomes are absolute deal breakers. Remember that this is a negotiation, so you will likely have to give something to get something in return. Consider which items you’re willing to give. For instance, you may be willing to let the kids go on summer vacation with your spouse and his or her family in exchange for getting to keep the kids over Christmas and New Years. Knowing these items in advance will make it easier to negotiate. Contact all relevant parties. It’s possible that there are outside parties who have information that is relevant to the proceedings. For example, perhaps child services has been called several times to check on your spouse and his or her behavior. Don’t assume that the mediator will have information about their findings. You should be proactive to get any reports possible from police, child services agencies, doctors, and more if that information should influence negotiations. A divorce and child custody lawyer can help you prepare for mediation and even represent you during the negotiations. Contact a company like Divorce Mediation Institute of Utah to learn more....

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Four Tips For Minimizing Your Legal Fees In A Workers Comp Case

Posted by on 4:27 am in Uncategorized | Comments Off on Four Tips For Minimizing Your Legal Fees In A Workers Comp Case

A lot of workers compensation cases are handled on a contingency fee basis. This means, if you win your case and receive a settlement, then your lawyer gets a portion of that settlement. This also means that if you lose, your lawyer receives nothing. Unfortunately, not all workers comp cases are handled this way. Other times, the lawyer can charge you a fee based on what they deem necessary. The expenses you can accumulate during a workers comp case can get rather high, especially if you find yourself in a lengthy legal battle where your employer is fighting your claim.  Check Behind Your Counsel Oftentimes, during a workers compensation case, the legal teams will come to some sort of agreement to help end the battle. If your counsel decides that they can get more money by fighting it in court and not reaching an agreement, you could be paying much more in the end. It is important to speak with your defense lawyer about any agreements that have come up between both sides. Once you have reached some sort of agreement, you need to decide if it is worth it to continue fighting for more or if you should settle for the offer you have received.  Nail Down Witnesses Another way to reduce your legal fees is by doing some of the detective work yourself. This involves tracking down any witnesses to the accident so your counsel does not have to hire an investigator. If you are struggling to get witnesses, it is best that you hire an investigator rather than your lawyer. You can compare investigators based on price to determine which is the most affordable rather than just going with the one your lawyer uses.  Check up on the Adjuster A good adjuster will gather all the medical reports, arrange medical exams, and interview the witnesses. If your adjuster is not handling the case well, then your lawyer will have to do the adjuster’s job. The more time your lawyer puts into the case, the higher the bill you could end up with. It is important to stay on top of the adjuster to ensure they are gathering all the information needed for your lawyer.  Communicate with Your Lawyer Even though you may trust your lawyer to handle your case and your needs, it is still important to communicate everything you know to the lawyer. As soon as you receive medical treatment, remember things about the accident, or speak to your employer, you want to let your lawyer know what is going on. The quicker you communicate to your lawyer, the faster you can reach an agreement. Click for more...

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When The Other Parent Is Unfit: Trying For Full Custody Takes Time And Perseverance

Posted by on 8:37 am in Uncategorized | Comments Off on When The Other Parent Is Unfit: Trying For Full Custody Takes Time And Perseverance

When you are in the middle of a divorce and children are involved, custody may be something both parties can’t agree on. If you believe that the other party is an unfit parent, you will have to prove this in court. When two parents separate, it is generally in the best interest of the children for both parents to share legal and physical custody. A parent can be considered unfit for a number of reasons, but you must be able to prove your allegations. You will have to convince the judge in your case that you are a fit parent and the other party lacks the basic skills necessary to take care of the kids.  When Domestic Violence Has Occurred If your marriage involved domestic violence perpetrated against you by your spouse, you may be able to show that your ex has problems with anger that make them unsafe around the children. The problem in many domestic violence cases is that few incidents are reported to the authorities, and there may be very little evidence to back up your claim. If you believe your children are not physically safe in the presence of your ex, you may be able to get a restraining order that would prohibit visitation or custody. If Your Ex is Incarcerated One of the best ways to win full custody easily is if your ex is incarcerated. This makes it clear that they are not able to care for the children, or provide for any of their needs while in jail. Remember that full custody may only be temporary. Your ex may get out of jail soon and petition the courts for custody or visitation rights. When Mental Health orSubstance Abuse is a Concern Mental health and substance abuse can be intertwined, and both can be difficult to prove if your ex has not been in treatment. On one hand, if your ex is in treatment for mental illness and deemed safe, this is not going to give you the proof you need to get full custody. If on the other hand, your ex is in and out of detox for substance abuse issues, this should be proof of their instability and inability to care for the children in a consistent manner. If you are trying to get full custody of your children, you will need to work with an attorney (such as one from Cragun Law Firm) who can help you with child custody...

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Annulment: Is It For Me?

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If your recent marriage has already got you thinking about parting ways, you may be wondering if you can just get an annulment. You may have heard that an annulment is perfect for those with very short marriages that just don’t work out. Many people want to get an annulment because of religious reasons. To help you sort fact from fiction, read on to learn about what type of marital situation qualifies for an annulment. What is an Annulment? Strictly speaking, an annulment is not a manner of ending a marriage but instead is a legal instrument that declares that a legal marriage never took place. Throughout history, it became a solution for couples who wanted to end their relationships but had been forbidden from divorcing. To this day, the Catholic church places restrictions on those with legal divorces, no matter the grounds. Using this legal maneuver helps those of that faith continue to take part in certain religious practices that would otherwise be forbidden if one were divorced, especially those who remarry after divorce. What are the Grounds for an Annulment? You must specify a reason for an annulment; there is no such thing as a “no-fault annulment”. While the very roots of the practice of annulments are closely connected to religion, it’s interesting to note that “religious reasons” is not on the list of acceptable grounds for an annulment. You may legally qualify for an annulment for the following reasons: Fraud: One party used deception to convince the other party to marry them. Force: One party, a parent or a third party used force to engineer the marriage. Prohibited: A relationship based on a criminal act resulted in marriage. For example, the marriage was the result of an incestuous relationship. Incapacity: One or both parties were under the influence of drugs or alcohol when married. Bigamy: At least one party had a current, legal marriage to another person at the time of the marriage. Consummation: No physical intercourse occurred. Minor: One party was not of the minimum legal age to marry in the state where the marriage took place. Mental Illness: At least one party was mentally ill at the time of the marriage. Other Ways to Part Ways The grounds for annulment are relatively strict and represent rarely encountered circumstances in most cases. For those who want to part fairly quickly, and that don’t meet the requirements for an annulment, take heart. If you live in a no-fault state, a divorce where both parties attest to irreconcilable differences can be accomplished in a few weeks or months. Additionally, in some states a simplified or summary divorce is available. You must have no minor children and have a minimum amount of marital property and debt. Contact a family law attorney, such as Gearing Rackner Engel And McGrath LLP, for more information about how to quickly, and legally end your relationship....

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How To Write A Testimonial For Your Car Accident Attorney

Posted by on 12:23 pm in Uncategorized | Comments Off on How To Write A Testimonial For Your Car Accident Attorney

After a car accident attorney has successfully helped you get a large sum of money as a result of being hurt in an accident, you want to be sure that you properly express your gratitude. It’s polite to send the attorney a handwritten note of thanks, but many legal clients also choose to write testimonials for their attorneys’ websites. This short bit of writing is likely to be appreciated by the attorney, as it might be able to help him or her generate more business in the future. Here’s how to write a testimonial that stands out.  Describe The Situation You Were In Your testimonial can have a high degree of impact if you begin by talking a bit about your accident and the overall situation that you were facing as a result of it. You don’t need to try to make the situation sound dramatic – simply talking about the accident and the injuries that it left you with, as well as how your life was impacted in the short and long term after the accident, is ideal. For example, you could write how you were unable to work as a result of the accident, which made you feel stressed because you weren’t able to provide for your family to the desired degree. Share How You Felt Upon Hiring The Attorney Talking about your emotional state upon hiring your car accident attorney can be an impactful part of the testimonial. Share how you felt, how the attorney handled your case and how his or her help benefited you. For example, you might write how hiring the attorney immediately made you feel at ease because of his or her confident and experienced nature – or you might say that you’d previously had trouble sleeping because of the stress of the accident, but that you were able to start sleeping soundly after hiring the attorney. Discuss How The Attorney Has Changed Your Life Given that many car accident cases can be life-changing, write about how hiring the attorney and getting a favorable financial result has changed your life. For example, you could write how the money has helped you pay for therapy that is improving your physical health, or that the additional finances have dramatically eased the financial burden on your family that was causing stress after the accident. Sharing such messages can help prospective clients choose to hire the attorney, thus making your testimonial...

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