What Is a Legal System?

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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3 Tips For Maximizing Your Settlement After You Are Injured In A Car Accident

Posted by on 12:21 am in Uncategorized | Comments Off on 3 Tips For Maximizing Your Settlement After You Are Injured In A Car Accident

When driving to work or doing daily errands no one expects to get into a serious car accident, but when it happens it can turn your life upside down, especially if you are injured. In a perfect world, you would automatically be awarded a fair settlement by the other driver’s insurance company when you’re not at fault for the accident, but many insurance companies have a business model that relies on paying out as little as possible. If you have been injured in a car accident, take the following steps in order to help you get the settlement that you deserve: Get Immediate Medical Care No matter what type of injuries you suffer, whether minor or severe, it is important to get medical care as soon as possible after a car accident. Not only is prompt medical treatment essential for your recovery, it will also establish a clear record of the extent of your injuries. The type of injuries that you sustain and the length of time it takes to recover are often considered when coming to a settlement agreement, so your medical records will serve as important evidence. Contact a Car Accident Attorney When it comes to getting a fair settlement after an auto accident that involves injuries, it is in your best interest to hire an experienced car accident attorney. Don’t let worries about high fees deter you– most car accident attorneys work on a contingency basis, so they receive a portion of your settlement. There are no out-of-pocket costs for you. A car accident attorney will know exactly how to build your case and work on your behalf to negotiate with the insurance company to get a fair monetary settlement. After hiring a lawyer, it is a good idea to not have any contact with the insurance company at all– just refer them to your attorney if they try to get in contact with you.  Document Lost Income Depending on your injuries, you may miss time from work after a car accident. Ask your employer to document the days you miss, and also note your weekly or hourly salary. In addition, make sure that you keep records of any paid time off, sick time, or vacation time that you may have used– you may be able to get compensated fo losing paid days off because you were too injured to work. The better your records of lost income are, the easier it will be for your lawyer to maximize the size of your...

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Dealing With A Criminal Court Case? Tips To Help You Get An Attorney On A Budget

Posted by on 10:37 am in Uncategorized | Comments Off on Dealing With A Criminal Court Case? Tips To Help You Get An Attorney On A Budget

If you’re facing criminal charges, the number one thing on your mind is likely finding a solution so you can avoid imprisonment.  Hiring a good lawyer is one of the best measures to take when you’re in this circumstance, but money may be an issue for you.  Your budget may be stretched so tight that you just don’t see any possible way for you to afford quality representation.  Don’t let finances keep you from getting a skilled criminal law attorney on your side.  Use these tips to learn more about what you can do to obtain a lawyer when you’re short on funds. Contact Your Local Legal Aide Society The first thing you should do when you need a lawyer but don’t have much money is contact your local legal aide society.  These organizations specialize in helping people get an attorney that will fit into nearly any budget. The individuals who work with legal aide societies may be lawyers or paralegals who specialize in one or more branches of the law.  They are interested in making the judicial system a more even playing field so that the public at large won’t be left out in the cold simply because they don’t have as much money as someone else. When you call the legal aide society in your community, they will typically ask you questions about your criminal case situation, as well as your financial circumstances.  Based upon the answers you give during this consultation, they can either set up a payment plan that fits within your budget, or they may even be able to issue you a micro loan that you can use to take care of your legal fees and which you can pay back over an extended period of time. Look For A Pro Bono Lawyer Although you may not know it, there are a number of criminal law attorneys out there who are willing to take on your case on a pro bono, or free, basis.  This means that they will consult with you, research your case and represent you in court if necessary without you having to pay for it. Pro bono attorneys may not be heavily publicized, so you’ll need to be willing to call around to different law firms until you find one.  Understand that lawyers who do pro bono work may receive a large number of requests each month, so you need to make your circumstances stand out.  Instead of writing a basic letter, consider recording yourself on video, explaining the details of your case.  Be sure to include any familial or vocational responsibilities you have which make it even more important for you to stay out of jail. Getting an attorney to take on your criminal law case doesn’t have to depend solely upon how much money you have.  When you need representation, keep these tips in mind so you can get the help you deserve. If you do have money to hire a lawyer, consider one from O’Brien &...

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3 Instances Where You Might Be Able To Get A Fault Divorce Granted

Posted by on 6:51 am in Uncategorized | Comments Off on 3 Instances Where You Might Be Able To Get A Fault Divorce Granted

Many times when a couple divorces, they opt to get a no-fault divorce. This is generally the easier option and allows the couple to divorce without having to prove that there was a reason for it. However, in some cases, it may be better to actually get a fault divorce. In these cases, the victimized party may be able to get different benefits from the settlement or get the divorce granted quicker. Here are a couple reasons why you could get a fault divorce. 1. Incarceration If your spouse commits a crime and is incarcerated, you might be able to get a fault divorce. This is because the state doesn’t expect you to stay married to someone who is not able to be present or contribute to your family. Usually, if your spouse is only incarcerated for a short amount of time, a divorce may not be necessary, but consider the situation where a spouse is in prison for years. In this case, you could appeal to a divorce court and see if you could get a divorce granted. You may not even need to have your spouse agree. The court may just grant you the divorce regardless of your spouse’s decision. 2. Infidelity As part of marriage, there is an expectation that both spouses will be faithful to each other. If you are seeking out a divorce and your spouse was unfaithful, you might be able to get more out of the settlement. With infidelity, it is obvious that one party was not faithful in the marriage and caused emotional pain to the spouse. In many no fault divorces the assets are split 50/50 but if you can prove infidelity you might be able to get more than just 50% of the estate or at least more in alimony. 3. Abuse In some unfortunate situations, there is abuse in the home. This can be either on the part of the husband or the wife. The abuse can be towards the spouse, or towards the children. If there is abuse, you will need to have concrete proof, so make sure you call the police when an incident occurs, or go to the hospital to get the injuries recorded. This applies to sexual abuse as well a physical abuse. In addition to being granted a fault divorce, the state may also press charges against your spouse. These are just situations where you might be able to get a fault divorce granted.  For a divorce attorney, contact a lawyer such as Harold Jarnicki Attorney At...

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Can What You Do On Your Own Time Get You Fired?

Posted by on 8:54 am in Uncategorized | Comments Off on Can What You Do On Your Own Time Get You Fired?

Most people in the United States think that what they say and do on their own time is their business, not their employer’s. However, as a professor at a university in Florida recently discovered, your freedom of speech doesn’t necessarily protect your job. If what you say or do adversely affects your employer’s interests, you can get fired for it. Here’s what you should know about the ability given to your employer to terminate your employment based on your private indiscretions. Many employers have policies in place. Many employers, particularly large ones, have language in the employee handbooks that dictate what sort of outside activity can get you fired. Often, there rules that require you to run any outside occupational activity by your human resource department in order to get it approved. In addition, virtually any non-occupational activity can also be regulated if it can somehow affect your company’s reputation. In the professor’s situation, he’d failed to comply with the university’s policy that required him to submit the required forms regarding his outside employment and “professional activity.” The professional activity in question also created a firestorm of negative publicity for the university. The professor’s credibility as a researcher and scholar came into question after he publicly accused the family members of a student killed in the Sandy Hook Massacre of being part of a government hoax. While he did all his research into it on his own time, his position at the university lent the air of authority to his work. You have to comply with reasonable requests. In the professor’s situation, it is important to note that the issue hasn’t been litigated yet. However, the professor’s position isn’t helped by the fact that he chose not to respond in a timely manner to his employer’s request for the appropriate forms and a chance to resolve the conflict. If you suddenly find yourself in a situation where something you’ve said or done outside of work is being brought into question, you need to take reasonable steps to support your position. Your employer’s ability to terminate you depends on several factors: the ethical or moral requirements of your position your prominence in the community and company the ability of your employer’s clientele to learn about the event any conflict of interest created between your outside activity and the employer the impact of your private activity on your work your company’s written policies your good (or bad) employment history whether or not there is any connection at all between your work and your outside activity An investigation into your activity isn’t necessarily an automatic termination, but you should be smart about it and try to respond to allegations promptly, with the help of an attorney to state your case. That could very well prevent you from having to take the issue to court later. Contact an attorney, such as Metropolitan Lawyer Referral Service Inc, for more information....

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Using Your Treatment To Strengthen Your Injury Claim

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Medical evidence is one of the things you will need to mount a strong personal injury claim. This means you need to take your treatments seriously; the medical consultations and treatment sessions generate the medical evidence you need for your case. Here are three tips to ensure your treatments result in a strong evidence for your case: Consult a Medical Doctor Physicians aren’t equal in the eyes of insurers. The insurance industry has a strong leaning towards western medicine. This means treatment by alternative medical providers (non-physicians) may not be held in high esteem. Therefore, it’s advisable to seek treatment from a qualified medical doctor. Don’t, for example, opt for free clinics run by medical students in the hope of reducing your treatment costs. For the sake of your claim, consult an M.D., even at higher costs, to get a favorable evaluation from the insurance adjuster. Alternative treatments, such as acupuncture and chiropractic care, aren’t bad, but you shouldn’t make them your primary or only forms of treatment. Get Treatment after Diagnosis A complex and costly diagnosis doesn’t hold much weight with insurance companies. This is especially true of the diagnosis reveals minimal injuries or isn’t followed by serious treatments. The adjuster may feel that you weren’t seriously injured in the first place, so you don’t deserve the huge treatment payments (or diagnostic payments in the eyes of the adjuster). Therefore, don’t ignore your doctor’s treatment suggestions even if you think your injuries aren’t serious or don’t deserve the treatments. This isn’t the time or place to “man up” or act like an adult, get the treatments. Don’t Skip Your Treatment Sessions If you skip a treatment session, the insurer may use it as an excuse to claim that you aren’t seriously hurt. The rationale is that an accident victim who is truly in pain will do anything (including attending all treatment sessions) to get well. Also, you don’t deserve to be compensated for any injuries due to your action or inaction (such as skipping treatments). This is a valid claim because it is your duty to mitigate damages after an accident, and attending all treatment sessions is one of the ways of doing this. You have probably heard about the importance of getting prompt medical treatment after an accident, but now you know it is not enough. Follow the above tips to ensure your injuries are properly compensated. Even if you have made a mistake that you feel has weakened your case, you may still have a shot at getting your claim settled if you hire an experienced lawyer. To learn more, contact a personal injury attorney like Frank L. Slaughter Jr....

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Filing For Divorce? 5 Pieces of Financial Information You Should Have When You Speak to an Attorney

Posted by on 1:53 pm in Uncategorized | Comments Off on Filing For Divorce? 5 Pieces of Financial Information You Should Have When You Speak to an Attorney

If you’ve decided that it’s time for a divorce, there is some financial information you’ll need to gather before filing the paperwork. Having your financial documents in order will provide your attorney with the information they’ll need during the settlement talks. Here are five pieces of financial information you should have before you file for divorce. Tax Returns for the Past Five Years Before you file for divorce, you should have copies of your tax returns for the past five years. Your tax returns will show how your income has either increased or decreased during your marriage. If you don’t know where your tax returns are, you can call the IRS and order transcripts of your previous year’s tax returns. Tax transcripts can also prevent your spouse from withholding vital information pertaining to your finances. Real Estate Tax Forms If you and your spouse own real property together – such as the family home or an investment property – you’ll need to have the tax forms as well. Your real estate tax forms will document how much the property is worth, as well as the current property taxes you pay on each property. This is vital information to have during the settlement negotiations, especially if you plan on dividing your belongings evenly. Current Debt Obligations When it comes time to negotiate a settlement, you’ll be dividing debts as well as assets. It’s important that you have paperwork detailing your current debt obligations. If you and your spouse are planning on dividing and sharing the debt evenly, accurate information will prevent you from ending up with the bulk of the debt. Life Insurance Paperwork If you and your spouse have active life insurance policies, you should have that documentation in your file, as well. This is particularly true if your policies have a cash value attached to them. Your attorney may recommend that you cash those policies out and split the money evenly as part of the settlement arrangement. Retirement Information If your spouse is employed in a profession that includes a retirement package, you may be entitled to a portion of those benefits. Your attorney will need as much information about your spouse’s retirement benefits as possible. Divorce is never easy. However, you need to make sure that your financial future is protected. Before you file for divorce, make sure you have the paperwork your attorney will need to get you the settlement you deserve. If you have any questions, contact a local divorce attorney, such as Craig H. Lane, PC, to discuss your...

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How To Sue For A Miscarriage

Posted by on 12:51 pm in Uncategorized | Comments Off on How To Sue For A Miscarriage

There is nothing that can take back the trauma you have experienced from losing your unborn child as a result of an accident. However, if the accident is found to have been directly responsible for you having experienced a miscarriage, you may still be able to seek damages.  What You Can Sue For The damages you can sue for after losing a child as a result of the accident include: Pain and suffering Loss of wages Medical expenses Also, the father may be able to sue for mental anguish based on the age of the fetus at the time of the accident. For instance, in Florida, a fetus that is 41 weeks old can be the subject of a successful lawsuit by a father over pain and suffering. Miscarriages And Worker’s Compensation If you have decided to continue working while pregnant and you suffer an injury at work that leads you to suffer a miscarriage, this is one factor that might contribute to your ability to obtain damages from a worker’s compensation claim. You may not only receive full compensation for medical care, but you may also receive death benefits. If you experienced post-traumatic stress disorder as a result of the accident and the loss of your child, this may also be used as justification to be awarded damages. Proving That The Defendant Caused Your Miscarriage To prove that the defendant was responsible for the accident, it must first be established that there was duty of care. In other words, the defendant must have a responsibility to create a safe environment that would have prevented you from experiencing a miscarriage. Then, the defendant must have breached this duty. One of the complications of a miscarriage is that it is sometimes difficult to establish that certain actions lead to the miscarriage. For example, certain actions may have startled you and created stress that was sufficient enough to create a miscarriage. Events that may seem trivial when not pregnant might have contributed to the loss of the fetus. Therefore, you will need assistance from a personal injury attorney who is experienced with handling these cases. A doctor will need to investigate the moment in which the miscarriage occurred and will also need to investigate what might have caused the miscarriage. Then, you will need to demonstrate, with medical evidence, that the miscarriage would not have occurred without the breach of duty of care.  For further assistance, contact a local personal injury lawyer, such as one from Elliott & MacLean...

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