The Divorce Process


3 Questions You May Have About Divorce

Posted by on 10:11 am in Uncategorized | Comments Off on 3 Questions You May Have About Divorce

Divorces seem to be simple, but in many cases it can be more complex than you think. This is because there are so many individual factors to consider with every divorce, so it is difficult to tell a person exactly how their divorce will pan out without all the individual details, and without knowing how the judge will rule. Here are some questions that you might have about divorce. How Long Will A Divorce Take? One question that many people worry about is the length of time it will take to divorce. You may want to start another relationship, are emotionally unhealthy, or are trying to move on with your life and are unable to because of your divorce. As a general rule you should plan on at least a 6 weeks, that is the shortest amount of time it will generally be, but usually it takes longer than that. It can even take up to a year or more, depending on your situation and if the divorce is contested. The best way to speed up your divorce is to resolve things quickly, meet with an attorney early on, and follow the attorney’s instructions down to every last detail. Do We Have To Meet Before A Judge? The best way to do a divorce is without court. You can resolve your divorce all through mediation if both parties are willing. During mediation you will both be in separate rooms with your attorney and the mediator will go back and forth and will help to decide the terms of the divorce. If you can both agree to the contract during mediation, you can submit it to a judge for the divorce to be granted, and avoid having to go through the whole litigation process. If you are unable to mediate your divorce you will have to go before a judge and they will help to determine the terms of the divorce. This is expensive and is more of a gamble for both parties, which is why it is best to work it out with mediation if possible. How Do You Pay For Divorce? Both spouses will have to pay for their own attorney’s fees, which means that you should have your own separate account to pay for living expenses and  fees during the divorce. It could be thousands of dollars to get a divorce, especially if you cannot mediate it early on, which is why it is so important to plan ahead and save up. By understanding these things you can be better prepared for your divorce. Contact an attorney, like those at Baudler, Maus, Forman, Kritzer & Wagner, LLP, for more...

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3 Things You Can Do To Prevent From Being Sued In An Accident

Posted by on 10:09 am in Uncategorized | Comments Off on 3 Things You Can Do To Prevent From Being Sued In An Accident

If you have had some sort of accident happen on your property you are probably worried about a lawsuit. Lawsuits happen all the time, so it is not that unlikely that someone will come after you for help paying for all of their damages. This is why it is so important to be prepared for a lawsuit. Here are some things you can do to protect yourself. 1. Talk To A Lawyer First Thing One mistake that people make is thinking that they don’t need to talk to a lawyer so they wait until the problem has become severe to actually get legal advice. You can save yourself a great deal of money and time by talking to an attorney early on about what your options are. They can advise you on what you should and shouldn’t do to protect yourself. It is so much better to prevent a major problem by spending a small amount of money for a meeting with a lawyer, then to wait till you’ve got a full blown lawsuit on your hand and you are on the hook for thousands of dollars. 2. Try To Go Through Insurance Many times no one will file a lawsuit if they can get the amount of money they need to help pay for their damages. This is why you should first contact your insurance provider about covering the expenses. If the accident happened on your property, or with your property like you were driving a car, you should contact your homeowners insurance, or auto insurance about paying for the damages. Most policies have liability coverage that will help to pay for any accident you caused. If you can quickly fix the problem you will avoid a lawsuit, which is ideal, since in a lawsuit you not only have to pay the damages, but you have to pay the legal fees as well. 3. Reach Out For Good Measure If you reach out to the person and offer to pay their medical bills for example, you can stop any suit from happening. In addition, if you and the party can agree on a number for the damages and you pay it out, make sure you have them sign something that says that this was a payment for the accident, and that this is final. This will help if they try to come back at you for more, because you had already settled it on your own.  Contact an attorney, like True Guarnieri Ayer LLP, for more...

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3 Instances Where You Should Think About Getting A Prenuptial Agreement

Posted by on 10:07 am in Uncategorized | Comments Off on 3 Instances Where You Should Think About Getting A Prenuptial Agreement

Divorce is so common in society that it is important that before you enter into any marriage that you consider what you can do to protect yourself. In fact, before you enter any marriage you should consider getting a prenuptial agreement. Not all situations require a prenup, but there are definitely some situations where you should get a prenup agreement. Here are some reasons to get an agreement. 1. You Have A Small Fortune If you have money that is from work that you have done, a trust fund, inheritance, or any other source, you should always get a prenup agreement. If you were to divorce down the road, there is a chance that your soon-to-be ex-spouse could take up to half of your fortune, simply because you two were married. Getting a prenup can protect your money so that even though your spouse and you may have to share money, hopefully it will only be the money that you two earned together and your personal money will be protected. 2. You Have Children If you have children before entering the marriage, you should get a prenuptial agreement. Many times in a divorce the spouse gets preference so that any money that you wanted to go to your children from your previous fortune or trust funds could be split between the spouses and the children will be left out. You cannot ensure that your spouse will take care of their stepchildren, so you should make sure that you are protecting your children by getting a prenup. This way any money that you had set aside for your biological children cannot be touched in the divorce. 3. You Have Been Married Before Although divorce is common among first marriages, it is even more common in second and third marriages. If you have already been married previously and have been divorced, you should already know how messy and difficult it can be, which is why a prenup is ideal. It will allow both spouses to protect their individual interests and simplify the process if the marriage were to dissolve. It is important to recognize that getting a prenuptial agreement does not mean that you think that the marriage will fail and you are setting it up for failure. Instead, it means that you are just protecting yourself for the worst case scenario. If you think you need a prenuptial agreement, you should contact an attorney such as those found at Gordon Liebmann Attorneys at...

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Q&A: Workers Comp for Psychological Injuries

Posted by on 12:03 pm in Uncategorized | Comments Off on Q&A: Workers Comp for Psychological Injuries

Not all on the job injuries are physical. Sometimes the worst or most pervasive problems are psychological. Stress, anxiety, and depression are some of the more common psychological injuries one can develop on the job. The following FAQ can help you decide on a a course of action if you determine that you are suffering from such an injury. How is a psychological injury assessed? It can be more difficult to prove a psychological injury, or stress claim, since it is harder to quantify compared to a physical injury. You will need to seek counseling or therapy so that the condition can be formally diagnosed. The injury must also be traceable to your job as the cause, per the medical professional. Common causes are stress, over work, or abuse in the workplace. Will you need documentation to prove work is the cause? The more documentation that you can provide, the better. Examples of possible documentation are time clock records that show long or odd hours at work, or records of increased responsibilities outside of your job description. If you are bullied or harassed on the job, you will need to file complaints and keep documentation off all harassment. What can hurt a possible claim? The majority of your psychological injury must be caused by conditions at work. This means that if you had drama in your personal life at the time that could also have lead to the injury, you may not receive workers comp. Marital problems, financial difficulties, or trouble with substance abuse can all be held accountable for your injury unless you can prove that the problem was due to your work situation. For example, overwork and stress leading to marital issues. How is workers comp assessed for a stress injury? This depends on the injury and the recommended treatment. Often, a paid leave of absence with short term disability payments is offered because this will give you the necessary time to recover from stress. Medical bills for the treatment of the psychological injury will also be covered in most cases. What if there is also a physical injury? It isn’t uncommon to be diagnosed with a psychological injury in addition to a physical work injury, especially if the physical injury or the circumstances around it are particularly traumatic. Generally, the physical injury will qualify for standard worker’s comp, and then you may get additional compensation for treatment of the psychological side effects. For more help in navigating this difficult worker’s comp scenario, contact a lawyer like Hardee and Hardee LLP in your...

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Crucial Mistakes You Should Avoid During Probate

Posted by on 3:21 pm in Uncategorized | Comments Off on Crucial Mistakes You Should Avoid During Probate

When someone close to you passes away, the probate process is necessary to help divide their estate to the people listed in the will.  Part of probate involves having a court look over the estate to make sure any outstanding debts have been settled before assets are divided.  When a will is not left behind, it places responsibility on the court for dividing assets.  Unfortunately, mistakes can be made that will cause probate to move slowly, delaying when you’ll eventually be able to receive assets from the estate. Not Promptly Starting Probate While the death of a loved one can be a difficult time to go through, there are legal matters that must be taken care of so that everything is handled correctly.  A big problem that people run into is not starting the probate process within the required timeframe.  Check with your state laws for how soon you need to start probate, but states like California require that it is done in 30 days.  If you miss the deadline, it will significantly delay the case.  You may not be able to have yourself appointed as the estate executor, and many things will be out of your control. Not Giving People Proper Notice Part of being the estate executor involves notifying creditors, relatives, or anybody who could potentially have an interest in the estate.  If you do not do this, it could cause a huge problem later trying to correct what has already been done.  For instance, if a creditor is not notified of the person passing away, it may not be known that a debt needs to be collected until after probate.  There will then be a lengthy legal process if the creditor tries to seek payment from the estate after it is divided. Not Maintaining Property The probate process can take many months to finish, but there will be assets in limbo until they are divided.  It’s important to keep up with maintenance when it comes to property owned by the estate.  It may not end up being yours in the end, but it still needs to be maintained.  Related costs to maintain the estate can be paid for by the estate.  Those associated costs will be paid for before assets are divided to others. To avoid making these mistakes during probate, you should work with a probate lawyer from a firm like Cormac McEnery Law Firm to ensure that you are on the right...

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Domestic Abuse: Suing Your Abuser

Posted by on 12:10 pm in Uncategorized | Comments Off on Domestic Abuse: Suing Your Abuser

For many victims of domestic violence, the only court proceeding they will attend is the criminal one against their abuser, providing things get that far. However, if you have been the victim of domestic violence, you can also undertake a civil case. You may be able to collect civil damages with the help of a personal injury lawyer who is experienced with litigation. Civil Court Even if your abuser is found innocent in criminal court, you may be able to sue them in civil court, where the standard of proof is lower. In a criminal proceeding, your abuser must be found guilty “beyond a reasonable doubt.” In many instances, getting a jury to agree unanimously on a verdict is difficult. In contrast, most civil cases are decided by a judge who only needs to find someone at fault due to the “preponderance of the evidence.” Also, if you sue someone, they are not provided with a lawyer but have to retain one themselves. Of course, you will have to engage a lawyer as well, but in most instances, pursuing your case in civil court will benefit you. Family Members In the past, family members were not allowed to sue other family members because of the harm this would do to the household. Fortunately, most states now allow you to sue your spouse, although some, like Illinois and Illinois, still prohibit it except in certain circumstances. You will need to research your state’s laws before you take action. However, a civil action is one way to help you get some justice from a system that doesn’t always deliver it. Penalties Depending on a number of factors, your abuser may receive jail time through the criminal justice system. Of course, they may simply get probation or take a mild plea deal. If you win your civil action, you may be able to receive a significant amount of money. Of course, money can’t erase the trauma you have suffered, but it can help you restart your life. If your abuser is found responsible by a judge, you may receive general damages and punitive damages, provided they have some financial means. If they have little property, collecting can be difficult. However, you may get some satisfaction from their being held accountable for their actions. If you have been abused, no court proceeding can heal the wounds, but receiving damages from a civil action can ease the burdens of daily life. Consult with a personal injury attorney and find out what options are available to...

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3 Tips That an Arthritis Sufferer Should Consider

Posted by on 2:28 pm in Uncategorized | Comments Off on 3 Tips That an Arthritis Sufferer Should Consider

Did you have no choice but to quit your job due to the complications of arthritis? Are you now trying to figure out how to take care of your daily living expenses, stay active, and get around your two-story house without having to struggle? Take a look at this article for a few helpful tips that are worth giving some consideration to for your situation. 1. Invest in a Stair Glide for Your House If you struggle to go up and down the stairs in your house due to severe arthritis pain, consider purchasing a stair glide. Basically, a stair glide is a mechanical chair that is able to transport you between the top and bottom of the stairs. All you have to do is sit in the chair and buckle yourself up for safety. You can then press a button on the chair or use a remote to make the chair move in the direction of your choice. There are also stair glides that you can stand up on if bending your knees to sit down is too painful to cope with. 2. Try to Remain as Active as Possible Although you have stopped working because your arthritis pain is difficult to cope with, it is important for you to remain active. You don’t want to get into the habit of just sitting and lying around your house all day. Your condition can become worse if you don’t move around as often as you are able to. It is wise to start undergoing physical therapy if you are not attending sessions already. Even joining a gym is better than allowing the arthritis pain to keep you stationary. 3. Apply for SSDI Benefits with Help from an Attorney The best way to make up for lost income is to apply for social-security disability-insurance (SSDI) benefits. The first thing that you should do is speak to an attorney, as he or she can make the application process a lot smoother. Without the right kind of evidence, it is possible for your SSDI application to get denied. An attorney will help you fill out the application, gather sufficient evidence to prove the severity of your arthritis, and possibly help you avoid getting unnecessarily examined by an appointed physician. Get in touch with an attorney by visiting sites such as http://www.johnehornattorney.com as soon as you can so he or she can begin the process of helping you apply for SSDI...

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How Can You Appeal A Disability Insurance Claim Denial?

Posted by on 10:23 am in Uncategorized | Comments Off on How Can You Appeal A Disability Insurance Claim Denial?

When your disability insurance claim is denied, you have the option of filing an appeal. Due to deadlines, it is important that you act quickly to appeal the insurance provider’s decision. Here are some tips for appealing the decision.   Investigate the Denial Reason Before you can create a strategy for appealing the insurance provider’s decision, you need to know exactly why it was denied. Start by re-reading the denial letter. The letter should include a basic explanation of why your case was denied.   You also need to call the insurance provider and ask for specifics on how the decision was reached. For instance, if the claim was denied because it was not proven that you were impaired and unable to work, find out if the insurance provider received all of your medical records. It might be possible that you can overturn the denial by simply providing more information.  Review the Policy Being familiar with your disability insurance policy can help you shape your appeal. If you do not have a copy of the policy, submit a request for one to the human resources department at your employer. In your request, emphasize that time is of the essence. You need to have time to review the policy and complete your appeal within the allotted time.   Although it might be tedious, take the time to read the policy. You need to understand the wording in the policy that was used to justify the denial. If you are unsure of how the insurance company’s reasoning applies to your particular case, ask questions. Contact the insurance provider and ask for an explanation. Keep detailed notes of every interaction you have and if possible, get the provider to send a written explanation, too.   Gather Evidence to Submit to the Insurance Company Once you are aware of the reasoning for the denial, you need to gather evidence to counter the argument made by the insurance provider. The more evidence you have, the more likely it is that the insurance provider will respond favorably.   For instance, if the insurance company was not convinced that you are unable to work, provide written statements from co-workers and a detailed listing of your job duties. Go point by point on the job duties list and state why you are unable to complete each task.   Appealing a denial of a disability insurance claim can be challenging, but it is possible. Work with an experienced attorney, like one from Iler and Iler, for the best...

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Commercial Driver Crashes And Fatigue: What You Should Know

Posted by on 11:39 am in Uncategorized | Comments Off on Commercial Driver Crashes And Fatigue: What You Should Know

Commercial driving can be an excellent way to make money and support a family. The problem is being on the road a lot can lead to fatigue and crashes. Here’s all you need to know about driver fatigue and what you can do as a commercial driver to protect yourself and others on the road. Know the Facts At least 15% of crashes are caused by commercial truckers due to fatigue. It’s easy to make mistakes or not be in control of the powerful vehicle. By knowing this fact, you can be more proactive at avoiding driver fatigue and knowing the signs. An accident with a truck is much more dangerous than any other vehicle. While you may be safe within the powerhouse, the size and force someone else will be hit with is enough to cause serious harm and death. Drowsy Driving Signs Driver fatigue can hit anyone who is tired. Even if you’ve been on the road safely for the last decade, you may find that it hits you and a crash occurs. One of the most common signs to look out for is lack of concentration. You know that as you get tired, you find it hard to keep your eyes on the road. You’re less likely to take in the signs and traffic lights, as you focus on just getting to your destination. Heavy eyelids and consistent yawning are dangerous signs. You’ve gotten to the point now where you run the risk of falling asleep at the wheel. Reactions will be slower, and you may not make the best judgment calls when it comes to road decisions. Know the Law There are various state and federal laws surrounding commercial driving to help prevent fatigue and limit the potential damage. These are on top of the regular driving laws. Truckers cannot be “on duty” for more than 14 hours within one 24-hour period, and you must be “off duty” for 10 hours between those 14-hour stints. You also need to have a 30-minute break every eight hours that you drive. These laws may be annoying and lead to fewer deliveries in a day, but they are there to keep you and everyone else safe. Just because you only need to legally have a 30-minute break, doesn’t mean you can’t have longer or stop more often than every eight hours. You’re the driver, and you’re responsible to make the call if you are too tired. Know the warning signs and what you can do to prevent driver fatigue. This will help you prevent an accident when you drive a commercial vehicle, such as a truck. Contact a business, such as Powers Law, for more information....

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Loss Of Limb: What Should You Know About Your Leg Amputation Case?

Posted by on 1:02 pm in Uncategorized | Comments Off on Loss Of Limb: What Should You Know About Your Leg Amputation Case?

If you suffered a leg amputation during a severe car accident, you may expect the other driver’s insurance company to offer a good settlement for your injuries. But if the insurer doesn’t think that your injuries are severe enough to warrant a high settlement, even though you lost a limb, don’t accept the offer and contact a personal injury attorney for help. Your injuries may be considered catastrophic in nature. Catastrophic accident injuries like amputations have the potential to cause lifelong pain and suffering. Here’s more information about amputations and what you can do to win a fair settlement. What Are Amputations? Unlike the surgical amputations performed by doctors, traumatic amputations, such as avulsion amputations, occur without any warning. The injuries can cause massive tissue damage to the bones and muscles associated with the limb, as well as nerve damage and uncontrolled bleeding. The injuries are typically permanent and may require long-term care and treatment to manage. However, the other driver’s insurance company may not want to agree to a settlement that reflects the extent of your injury. The insurer may argue that your amputated leg doesn’t affect your ability to work in an office setting or in a place that doesn’t require standing or walking. If this doesn’t work, the company may have its adjuster tell you that if you don’t accept the offer, you may not get another offer later. If you take the lower amount, you may not have the coverage you need for future care, such as physical therapy and pain management treatments. To avoid the complications above and receive a settlement you deserve, you must secure medical evidence of your injury. What Can You Do to Prove Your Case? One of the things can do is hire a personal injury attorney to help you obtain additional medical evidence about your amputation, including documentation for any new health problems you experience because of injury. For example, if you now have permanent nerve damage in the amputated limb, then it’s important that you document it. An attorney can also help obtain medical evidence that shows how your amputation will affect you in the future. For instance, it’s possible for you to develop a condition called “phantom pain” in the future. Some amputees experience false sensations of pain and other feelings in their lost limbs after the wounds heal. Phantom pain and sensations can trigger a host of emotional and physical problems that can affect your life, including depression, anger and confusion. These types of problems may require therapy and other services to help you through them. If you have concerns about your case or would like to learn more about it, contact an office such as Hornthal Riley Ellis & Maland...

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