The Divorce Process


Going Through A Divorce? Two Reasons Why You Should Get Divorce Mediation

Posted by on 4:48 am in Uncategorized | Comments Off on Going Through A Divorce? Two Reasons Why You Should Get Divorce Mediation

Going through a divorce can be a very stressful time.  You are essentially dissolving a union that you may have wanted to last forever.  This can not only take a toll on you emotionally, but it can also be difficult to deal with on a physical level.  Trying to reach resolutions about how you’re going to divide up your life can be hard to do when you and your former mate just can’t seem to see eye to eye.  That’s why it’s so beneficial for you to work with a mediator.  Use this information to learn more about why you absolutely must hire a mediator when going through a divorce. Mediators Help You See Things Objectively One of the main reasons why you should hire a mediator is because they help you to see things objectively.  Your divorce situation may be so emotionally charged that the two of you are unable to see how your demands are unfair in some way. For example, there may be several assets that you and your soon-to-be-ex partner acquired together during the course of the marriage.  If the divorce is particularly tumultuous, you could find yourself going back and forth in court for a very long time as you try to come to agreeable terms.  This could drag out the divorce and keep you attached to someone that you wish to break away from for an even longer period of time. That’s why it’s such a good idea to work with a mediator.  They can serve as an objective third party who will help you both see how you can divide the goods in a way that is fair to each of you.  This can go a long way toward shortening the time that it takes for your divorce to be final. Mediation Could Be A Welcome Alternative To Going To Court Another reason why you should opt for mediation is because it can be a welcome alternative to going to court.  If you and your spouse are able to work with the mediator in an amicable way, you can submit your wishes and let the mediator draw up the divorce decree.  It can then be submitted to the judge without you having to deal with the sometimes overwhelming nature of actually going into a courthouse. Working with a mediator could turn out to be an incredibly wise decision.  When you’re going through a divorce, contact a mediator right away so you can enjoy these benefits and much more. For more information, contact a business such as Divorce Mediation Institute of...

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2 Tips For Building A Strong Car Accident Case

Posted by on 11:29 am in Uncategorized | Comments Off on 2 Tips For Building A Strong Car Accident Case

There are many challenges you must confront if you’re involved in a severe car wreck. The first thing you will want to do is to recover as quickly as possible. Of course, this may require a great deal of time and patience on your part. There are many other financial losses you may incur as well and the key to being reimbursed for your losses may rest in building a strong legal case. Being aware of how you can make this happen is ideal and could be the key to getting your money back. Tip #1: Ask questions Getting legal advice is the key to being able to know the strength of your case and working to be fully reimbursed for your losses. Taking the time to consult with an attorney is your best defense in a situation such as this. Listed below are inquires you may want to make: 1.    What is the best way to prove the case? 2.    Is it possible to get fully reimbursed for the entire accident? 3.    Should a jury trial be demanded? 4.    What is there are witnesses that will testify on your behalf? 5.    What is the typical length of civil litigation? Taking the time to think of all the things that may allow you to know what to do are sure to be helpful when you ask your attorney. Tip #2: Gather your evidence During the discovery stage of civil litigation is the best time to submit the necessary proof that you have regarding the car wreck. There are four stages to this part of the lawsuit and listed below is each one and how you can provide a strong response: 1.    Written interrogatories – Be prepared to provide through responses to your attorney regarding the wreck because you will be asked several. 2.    Deposition – Meeting with the other side’s attorney is frequently necessary to help prove your case. 3.    Requests for admission statements – It will be required to say that certain statements are correct or incorrect. 4.    Request for production documents – The time to submit any of your official paperwork that can prove your case is now. You can work towards getting the justice your deserve and being reimbursed for your financial losses when you know what to do. Be sure to rely on the expertise of a car accident attorney to assist you during this process...

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Estate Planning And What Not To Do

Posted by on 6:07 pm in Uncategorized | Comments Off on Estate Planning And What Not To Do

It’s not just millionaires that need to make provisions for after their death, everyone needs to make an estate plan. That said, estate planning does present people with several opportunities for making mistakes. If you are interested in ensuring that your property and debts are properly disposed of after your death, read on to learn about what not to do when planning your estate. Delays and procrastination. When you think about it, planning for what to do with your property after your death is a pretty serious matter, and often people want to avoid planning for what is an inevitable occurrence. Don’t make the mistake of believing that you always have time to plan your estate when you are older or richer, death can happen unexpectedly and you could very well be leaving your loved ones unprepared to deal with financial matters if you die without a plan in place. Making estate plans early allows you the luxury of time to research options and make important decisions after consulting with experts on the matter. Making a will and/or a trust, but then not updating them. Estate planning is not a “one and done” type of endeavor. Just as your life goes through changes, so should your estate documents. A simple and quick meeting with your estate attorney to make changes will do the trick; no need to re-do the entire document. Most experts say to make updates whenever you have a relationship change, such as a marriage or add a child, or when you add more property to your estate, such as a home purchase. Failing to plan for disabilities. Thanks to medical advances and people making healthier lifestyle choices, people are living longer than ever, and few people ever consider what could happen if they become disabled in the future. The chances of needing specific documentation to address medical and other disability-related concerns are high, and every estate plan should include the following documents and provisions that address disability and incapacity: Revocable living trusts: similar to a will, but with no need to be probated. Medical power of attorney: names someone to make medical decisions on your behalf. Durable power of attorney: names someone to make business and financial decisions on your behalf. Living will: defines your wishes in regard to resuscitation. HIPPA provisions and authorizations: defines your wishes in regard to privacy of medical information. Long-term care insurance: provides funds for nursing homes, assisted living and other living arrangements. Life insurance Speak to an attorney like Skeen Law Offices for...

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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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