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3 Things You Should Never Do During A Divorce

Posted by on 10:08 am in Uncategorized | Comments Off on 3 Things You Should Never Do During A Divorce

Most people know someone who has gone through a divorce. You may have a family member or loved one who has been divorced, or you may have seen it from afar, like a neighbor. Regardless, you are probably familiar with divorce and might even feel that you know what to expect with a divorce. It is important that if you choose to divorce that you understand that there are mistakes you can make, and these mistakes will cost you. Here are some things that you should avoid while divorcing. 1. You Should Never Move Out Of The House Without A Formal Separation Agreement You have probably seen movies where one spouse storms out of the house and doesn’t come back. Although this makes for good television it is not good legally. When you abandon the house, and/or the children, you forfeit some important rights. You have now given your spouse possession, which means that they can change the locks, and prevent you from getting back into the house, at least temporarily. You may have a difficult time getting back in to get clothing, and simple things to take care of yourself. Eventually, when the divorce is finalized you can get back into the house, but it may take a while. This is why you should get a formal separation agreement before leaving the house. 2. You Should Never Use The Children As Leverage Children suffer greatly during a divorce, and parents can easily make things worse by using children as leverage. You may want more out of your spouse financially, so you fight to get full custody unless your ex-spouse gives you what you want. The problem is that children are not property. They are children who should be considered separate from the divorce. You must consider what is best for them, and in the majority of cases, it is best for children to have a solid relationship with both parents, even after the divorce is finalized. 3. You Shouldn’t Start A New Relationship Until The Divorce Is Final Just because you are in the middle of divorce proceedings doesn’t mean that you are free to start new relationships. It will reflect badly on your case if it looks like you are unfaithful during the divorce. In addition, it could hurt your ability to get your children, and you may have to pay more in alimony. For this reason, hold off on all relationships until you are legally divorced. By avoiding these mistakes you can protect yourself and click here for info about the divorce...

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Are You Out Of Luck After An Accident If The Other Driver Does Not Have Insurance?

Posted by on 12:08 pm in Uncategorized | Comments Off on Are You Out Of Luck After An Accident If The Other Driver Does Not Have Insurance?

When you are the innocent party in an auto accident, you have the right to file a claim with the responsible party’s insurance company. If the other driver is not insured, you will have to explore other options to receive compensation for your damages. Before taking action it is important to understand what your options are.   File a Lawsuit Depending on the state in which you live, you could possibly file a lawsuit against the responsible party. Some states have no-fault car insurance laws. In those states, you cannot file a lawsuit. In essence, no-fault car insurance laws state that who caused the accident does not matter. You would be responsible for covering your damages.   If you do not live in a no-fault car insurance state, you can file a lawsuit against the other driver. There is a catch though. Even if you win a judgment, you still have to depend on the other driver paying the awarded amount. You could ask the court to garnish the wages of the other driver, but you could end up going to court several times before the judge is willing to do so.  In the event that you do file a lawsuit and win, you might be able to convince the other driver to agree to a payment plan based on the awarded amount. If so, get it in writing. If he or she defaults on the payment plan, you will have proof to show the court that he or she has not made efforts to pay the judgment.  File a Claim on Your Own Insurance One of the last actions you probably want to take is filing a claim on your own insurance, but it is an option you should consider. If you have comprehensive and collision coverage, you most likely have uninsured driver coverage. It is designed for situations such as yours.   With uninsured motorist coverage, the amount of time you have to file a claim is limited. Check your policy as soon as possible to determine how long you have to file. If you fail to file within the time limit, you could lose your right to do so.   The damages that the insurance company will cover are limited. Since it varies by provider and policy, review yours to determine which damages will be covered. If your insurance company is refusing to cover the damages, consult with an auto accident attorney. It is possible that your provider is not following its duty to provide coverage for...

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Material Change Of Circumstances: When It’s Time To Hire A Child Custody Lawyer

Posted by on 11:16 am in Uncategorized | Comments Off on Material Change Of Circumstances: When It’s Time To Hire A Child Custody Lawyer

When you have an established custody arrangement set by the court, it can be difficult to get the arrangement modified for reasons of convenience. Once you have gone through the process of creating and agreeing to an arrangement, you will have to file a motion for modification to get it changed. You must be able to prove that there has been a material change of circumstances while arguing your motion. This change can work for you both ways, either to gain you more visitation and custody or for you to lose some of your custodial rights. When you want to modify your current custody agreement, it’s important to work with an attorney that can help. You Have Become a More Stable Parent If you didn’t get visitation or custody because you weren’t able to provide stable housing or your life was out of control because of addiction, getting sober and improving your life is a material change of circumstance. While the judge may not award you shared custody, if you are now able to take care of your children and you couldn’t at the time custody was established, the order is likely to be modified. Your Ex Becomes Incarcerated One of the easiest material change of circumstances that is easy to prove is if your ex spouse becomes incarcerated. When an individual is in jail, they will clearly have no ability to meet the needs of their children. While you will need to file for a custody modification in court, it is likely that you are already caring for the children 100% of the time because your ex is not available. If your ex is in jail for only a month or two, remember that they can quickly get their life back together and ask for custody to be changed once again. If You Want to Move Out of State When you find a better job but you need to move in order to take it, you will need to file a custody modification. If the move is in the best interest of your children, the judge may allow the move and give you the opportunity to move out of state with the children. If your ex is actively involved in the lives of the children, the judge will weigh the possibility that the children remain with your ex instead. When you want your custody arrangement modified, it is best if you work with an attorney who can fight for your rights. Contact a law firm like William Kirby, Family Law Attorney to get in touch with a...

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How MMI Works & Affects Your Personal Injury Case

Posted by on 12:04 pm in Uncategorized | Comments Off on How MMI Works & Affects Your Personal Injury Case

When you are going after a personal injury case in order to receive financial compensation for medical injuries, it is vitally important that you understand the concept of maximum medical improvements. What Maximum Medical Improvement Means Maximum Medical Improvement is often referred to by lawyers and doctors as MMI. Many people wrongly assume that MMI means that you have reached a point where you no longer are in need of any medical care. However, that is not what it means to reach MMI. MMI is the point at which your doctor thinks you have reached your maximum potential to recover and progress from your injuries; it does not signify the end of your medical care, it just means that your doctor doesn’t think you are going to improve further. For example, imagine that you strained your shoulder and are only able to use it 50%, and through medical treatment, you are able to gain back an additional 25% usage, allowing you to use your shoulder up to 75%. At that point, your doctor may declare 75% usability your MMI because they don’t believe you are going to get to 100% functional use again. That is how MMI works. It is important to note that only a doctor can determine if you have reached MMI by examining your case and medical care; a lawyer or court cannot determine if you have reached MMI. Your doctor will provide you with a written statement that explains your injuries, your recovery process, and how the injuries you have sustained will permanently affect your physical abilities for the rest of your life. How Maximum Medical Improvement Affects Your Personal Injury Case There is a specific amount of time after you have been hurt that you can file a personal injury suit. You need to contact an attorney well before this date so that your attorney can research your case and determine how to move forward with your case. Once you have filed your case, you need to reach MMI before your case can proceed forward . It is okay if it takes you additional time to reach an MMI state according to your doctor; what matters from a legal standpoint is that you have submitted and started your case. Sometimes, you can move forward before MMI is determined; however, in order to get the most accurate settlement, usually both sides want to wait until MMI has been reached. Once MMI has been reached, it is easier for you to determine your medical costs to reach MMI, and it is easier to estimate future medical costs as well to maintain and keep your progress at the same point. Having your MMI from your doctor will help your attorney insure that you get a fair settlement that takes care of your needs now and into the future. For more information, contact a personal injury...

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Things to Know If You Believe There Is a Warrant Out for You

Posted by on 9:51 am in Uncategorized | Comments Off on Things to Know If You Believe There Is a Warrant Out for You

If you had recently been in trouble and failed to appear for your court date, there is a good chance the court may have issued a warrant. There are two main types of warrants courts issue, but both types need to be addressed as quickly as possible. Here are several tips to help you know how to handle this. Find Out If There Is a Warrant The first thing you may want to do is spend time researching your case to find out if there is a warrant out for you. If you have already hired a criminal-law attorney, you could call him or her to find this out. Your lawyer would be notified by the court if they had issued a warrant. If you do not currently have a lawyer, you could try to look up your case on your local county website. Many counties in most states have websites that offer this information, and anyone can view the details because the information is a matter of public record. Find Out What Type of Warrant It Is The two main types of warrants are bench warrants and arrest warrants. If you have an arrest warrant and are found by the police, they will take you to jail. If you have a bench warrant, you may also be taken to jail, but this type of warrant is not as severe. In most cases, bench warrants are used simply to bring a person to court; however, you may have to wait in jail until the court has a date for you to appear. Turn Yourself In While you may not want to go to jail, you may have a better chance of getting a reduced punishment if you willingly turn yourself in. Running from the law is not a good idea because eventually you will be found and caught. If you turn yourself in, at least you are showing that you care about the law and your future, and the judge might view this in a more favorable way. You can turn yourself in using one of two methods. You could either go to the sheriff’s office that has the warrant on you or visit a criminal-law attorney’s office. Both options will work, but visiting a lawyer’s office might be better. With this option, you can seek legal advice for your situation while you are still free. If you have any questions about a case you are involved in and would like legal advice, contact a criminal-law attorney, such as one at the Law Office Of  Lori Crystal,...

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Planning On Becoming A Lawyer? 3 Steps You Should Take While You’re Working On Your Undergrad

Posted by on 12:05 pm in Uncategorized | Comments Off on Planning On Becoming A Lawyer? 3 Steps You Should Take While You’re Working On Your Undergrad

Now that you’ve graduated high school, it’s time to head off to college. Time to set off on a new adventure and meet new people. It’s also time for you to plan for your future. If law school is in your future, the first couple of years of college are going to be crucial. This is where you’re going to build the foundation for your chosen career. To get you started on your quest, here are three steps you should take while you’re working on your undergrad. Get to Know Your Professors You’re probably wondering why this is listed first. Simply put, you’re going to need recommendations from professors when it comes time to apply for law school. If you’re just a name on the roster, your professors are going to have a hard time giving you a glowing recommendation. However, if you’ve taken the time to schedule appointments during office hours, or you’ve stayed after class to visit with your professors, they’re going to remember you, and they’ll have a much easier time going beyond the basic information when it comes time to write a recommendation for you. Become an Active Participant When you apply to law schools, they’re going to want to see more than just your GPA. They’ll have hundreds of students with good GPAs. You want your application to stand above all the rest. That’s where your extracurricular activities come in to play. Get involved in activities that will allow you to practice your leadership skills, such as ASB, or campus political clubs. Not only will these activities look good on your applications, they’ll also give you the opportunity to hone your skills as a leader. Choose Your Courses Wisely You might think that choosing classes that will guarantee you an easy A are the best way to improve your chances of getting into law school. Unfortunately, that’s not necessarily true. Instead of choosing classes that will give you that automatic A, choose classes that will make you think. It’s those critical thinking skills that you gain from challenging yourself that will get you noticed when it comes time to apply for law school. It’s your first year of college. If you’re planning on law school, now’s the time to start preparing. Use the tips provided here to get you started on your path to law school. For more information, check out a site like...

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3 Things You Need To Know About Working With A Tax Accountant

Posted by on 11:46 am in Uncategorized | Comments Off on 3 Things You Need To Know About Working With A Tax Accountant

Having a tax accountant file your taxes for you is a great way to protect yourself and save money on your taxes. Even though you will have to pay the accountant a fee to do it, the amount of money that they can save you and the peace of mind in knowing they were done correctly far outweigh the fee you will pay. However, if you choose to hire a tax accountant there are a couple things you should do to ensure the best outcome possible. Here are some tips. 1. Stick With The Same Accountant And Consult Them Often One of the best ways to make sure that you are getting the best outcome is to stay with the same accountant. If you have a different accountant file your taxes each year, they won’t always understand what the last accountant did and it could take more time to figure it out. For instance, you might have rolled over deductions, calculated deprecation on your home office, and a myriad of others things. By using the same accountant each year you can make it easier to file your taxes and ensure that you are being consistent each year. In addition, you should be talking to your accountant often. Don’t assume anything, instead you should ask the accountant before you make any big financial decisions, such as selling your house, gifting money to family and so forth. 2. Keep Track Of All Of Your Deductions The accountant will help you to claim the deductions, but they will generally go on your word or the proof that you can provide. It is not up to them to be in charge of keeping up with your receipts or having proof of every deduction taken. If you do get audited you will need to provide all of the proof, which is why it is best to take all of this documentation to the accountant when you file your taxes so that they know what deductions you can prove. 3. Don’t Lie To Your Accountant Lastly, don’t falsify any material with your accountant. It only hurts you in the long run. The accountant won’t be the one off the hook if you get in trouble for falsifying information on your taxes. That is why it is best to give them the truth and let them work with it to figure out how to best help you. By following these tips you can be confidant that you getting the best outcome possible. To learn more, contact a tax preparation for business company.  ...

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Answers To Common Questions From Those Facing Criminal Charges

Posted by on 1:51 pm in Uncategorized | Comments Off on Answers To Common Questions From Those Facing Criminal Charges

There are few experiences in life that can be more stressful or frightening than being formally charged with a crime. Sadly, there are many people that are unsure of what they should expect from the criminal justice system. To help you be better prepared for the legal aspects of this situation, you might need to have a few questions answered. What If The Bail Is Set Too High? In order to allow individuals to help formulate their defense and to minimize disruptions to the lives of defendants, the court system allows individuals to post bail so that they will be able to leave jail until their trial date. Unfortunately, the courts can set bail that is too high for low-income defendants to pay. When this is the case, it is often possible to have your attorney petition to have the bail reduced. For this type of petition to be successful, the attorney will need to show that you are not a flight risk and that it is impossible for you to make the bail payment given your financial circumstances. When Will You Be Offered A Plea Bargain? It is common for prosecutors to offer defendants plea bargains as a way to minimize court costs. However, while it is common for these deals to be offered, you should be aware that the prosecutor is under no obligation to offer a plea bargain to every defendant. Rather, the offering of a plea deal will largely depend on the strength of the evidence against the defendant. Additionally, you should never blindly accept a plea bargain without first having it reviewed by an experienced criminal defense attorney. These professionals will be able to ensure that you fully understand the terms of your plea bargain, and they can also let you know whether accepting the bargain would be wise given your particular case. How Do Criminal Attorneys Charge Clients For Their Services? When it goes to paying a criminal defense attorney, it is important to understand that attorneys can charge their clients in a couple of different ways. One of the more common is for the defendant to pay an hourly rate for the services of the attorney. On a regular basis, the attorney will provide the defendant with an invoice for their billable hours, and they will cease working on the case until this invoice is paid. For simple cases or clients that may have difficulty paying an hourly rate, there are many attorneys that work on a flat fee basis. By paying their flat fee, you will be able to retain their services through most of your proceedings. These professionals may require an additional fee for appeals due to the additional work that is involved with preparing the appellate briefs for these cases. For more information, contact a criminal law attorney, like one from Begley Carlin & Mandio...

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When Do You Need A Lawyer For Your Workplace Injury?

Posted by on 3:35 pm in Uncategorized | Comments Off on When Do You Need A Lawyer For Your Workplace Injury?

If you are injured at work, you should get treatment, receive workers’ compensation benefits, and resume work once you are healed. That is the ideal process, and some people actually benefit from it without the need of a lawyer. However, you need a lawyer for your work-related-injury issues if: You Have Serious Injuries If your injury keeps you from work for a few weeks and doesn’t leave you with any permanent disability, then you may be able to handle it without a lawyer’s input provided there are no other complications. However, if you have a serious injury that may keep you out of work for months, you are better off letting an attorney handle it. The same is true if your injuries lead to a disability. This is because a small error can lead to a huge loss of benefits for serious injuries. For minor injuries, the difference (in terms of the benefits) between having a lawyer and processing the claim on your own may not be significant. Your Employer Wants You To Return To Work Before You Are Ready Ideally, you should return to work when you have reached your point of maximum medical improvement (MMI). You can then resume your pre-injury workload or start with lighter duties as you reintegrate into the workplace. The weekly benefits usually stop once you start receiving wages that are equal or greater than your pre-injury wages. Once in a while, however, an employer asks an injured employee to return to work before the employee is fully recovered. This can intensify the injuries, undo the work already done by the treating physician, and lead to decreased productivity. If that ever happens to you, you need a lawyer who understands what the law says about returning to work after an injury. That way you will be in a better position to safeguard your interests. You Believe A Position Has Been Create For You At Work You also need a lawyer if a new position has been created for you at work. This is dangerous because you will be out of work if the position becomes irrelevant, which can happen anytime. If the position did not exist before you were injured, how can you tell that it is integral to your employer’s needs? Some employers do this if they don’t want to fire you because it would create legal problems for them, but don’t want to retain you either due to your injuries. In short, analyze the circumstances of your injuries and decide whether you need an attorney. You probably don’t need a lawyer for a minor injury if your employer is cooperating and you are getting the benefits you deserve. However, consult a lawyer any time you foresee a difficulty with your case. If you’re interested, click the following link for more about this topic....

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Divorce Paperwork Necessary In California

Posted by on 8:02 am in Uncategorized | Comments Off on Divorce Paperwork Necessary In California

If you have been thinking about starting a divorce or legal separation, the paperwork may seem daunting. In California, there is a specific set of paperwork you must file in order to initiate the process. Understanding the required information ahead of time will help you make smart decisions about the upcoming proceedings. Petition – Marriage/Domestic Partnership (FL-100) This petition is the first you will submit when you are looking to start a divorce or legal separation. This form will ask you to list the dates, property you own together, debts you owe, and children you have. Summons (FL-110) This is the document required to send to your partner or spouse notifying them that a court case has been initiated. The summons will also notify your partner or spouse of the events that will occur in the event that he or she does not respond to the summons within 30 days. Proof of Service of Summons (FL-115) This document is used to inform the court that you have served papers to your spouse or domestic partner. Generally, you are not allowed to serve the papers yourself. You may need to rely on a process service to complete this step. Declaration Under Uniform Child Custody Jurisdiction & Enforcement Act (FL-105/GC-120) This divorce paperwork is only necessary if you have minor children, those under the age of 18. You must fill out the form and file it along with your petition. This document is used to inform the court of the child’s residence. This document will also include information about other custody orders involving you, your partner, and the child(ren) in question. Child Custody and Visitation Application Attachment (FL-311) This form is optional and only necessary if you have minor children. You would need to fill out this form if you want to ensure that you provide an adequate overview of your current custody arrangement. Property Declaration (Family Law) Form (FL-160) This form is necessary for those who require more than the allotted amount of space to list any property you own and debts you may owe. The form allows you to list each item individually, as well as each owed debt. You also need to specify whether each item is community, meaning it belongs to both of you, or separate, meaning that it is solely yours or your partner’s.   No matter what kind of divorce you are going through, these documents may be required in California to ensure that you do not miss any steps along the...

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