Category: Blog

What Options Should you Consider when Facing a Divorce

Facing a Divorce

No one enters into a marriage thinking that it will end in divorce, but unfortunately, it happens all too often. If you find yourself facing a divorce, it’s important to know what your options are and how to best protect yourself and your future. Here are some things you should consider when making your decision.

Talk to a lawyer to learn about your legal options

When you are getting a divorce, it is important to know your legal options. This is where talking to a lawyer can help. Divorce lawyers can help you understand the law in your state and how it applies to your divorce case. They can also give you advice on what steps to take next. If you are considering getting a divorce, make sure to talk to a divorce lawyer first.

Consulting with the Law Office of Daniel Wright can help you understand the different legal avenues open to you and what each option entails. A lawyer can also provide guidance on how to proceed and give you an idea of how much a particular legal action may cost. If you have questions, it’s important to address them with your divorce lawyer so that you can make informed decisions about your case.

Seek out counseling or therapy to help you deal with the emotional stress of divorce

Divorce is one of the most difficult things that a person can go through. It is often accompanied by a range of intense emotions, such as sadness, anger, frustration, and anxiety. If you are feeling overwhelmed by these emotions, it is important to seek out help from a counselor or therapist. Therapy can provide you with the support and guidance you need to get through this tough time. Most divorce lawyers have resources available to assist you.

Consider mediation as an alternative to traditional court proceedings

When it comes to resolving a dispute, many people think of going to court as the only option. But there are other alternatives, including mediation. In mediation, both parties come together with a mediator to try to reach a settlement. This can be a better option for some people than going to court because it is often less expensive and may take less time. Mediation can also be more private than traditional court proceedings. 

Keep in mind that divorce doesn’t have to be a battle – try to work together towards a compromise

If you or your spouse have decided that divorce is the best solution for your relationship, it’s important to remember that fighting each other won’t help anything. In fact, it can often make the process much more difficult than it needs to be. Try to work together to come up with a plan that works for both of you or allow one of the divorce lawyers as the Law Office of Daniel Wright to develop the plan for you.

Don’t make any major decisions until you’ve had some time to calm down and think things through

When you go through a divorce, there are a lot of things happening all at once. You’re dealing with the stress of the actual separation, and then you have to start figuring out how to move on with your life. Getting some space from the situation can help you figure out what’s really best for you. So don’t make any decisions until you’ve had some time to cool off.

Filing for Divorce – The Basics

Over the past several decades, divorce has all but lost its stigma. This is due, in large part, to the fact that an individual’s opportunity to live happily and in healthy ways outside of an unhappy marriage have come to be valued more significantly by society as a whole than the urge to remain together at all costs. No matter your reason for divorce, it is essential that you know the proper steps to take when filing for a divorce. With these tips in mind, you can make informed decisions about your situation and can progress through this phase of life plagued by as little stress overall as is possible under the circumstances. 

Hire a Family Lawyer

When you decide that you want a divorce (or learn that your spouse wants one), the first thing you should do is hire a family attorney. Choose someone who has specific experience in divorce law. This way, you can expect a better outcome for your case. Choose someone whose reputation and approach to client representation matches your unique needs, goals, and priorities for your divorce process. 

Submit Necessary Documents

For a married couple to obtain a legal divorce, one or both parties must file certain documents with the court. Your attorney will help you file all necessary documents. One or both spouses will need to file a divorce petition. In the petition, the person must state the reason for divorce. There are fault and no-fault divorces, and the type you file for will depend on your specific situation. There are pros and cons of both types, so be sure to discuss the differences with your attorney.

Notify Your Spouse

After you file your divorce petition, you must serve the divorce papers to your spouse if they did not file with you. At this point, the party receiving the petition can contest the divorce. As an experienced divorce lawyer – including those who practice at The Law Office of Daniel Wright – can confirm, acting quickly to respond to a divorce petition is critical, as waiting too long may limit your opportunity to receive a fair divorce settlement.  

Reach a Settlement

Once both parties have agreed to the divorce, negotiations can begin. (If the divorce is contested, it will need to be litigated.) Each party’s legal team can negotiate to reach a settlement with which everyone is satisfied. If this proves to be impossible, a judge will rule on the case in court. It is less expensive and less time-consuming to settle outside of court, but for better and for worse, that is not always possible.

Divorce can be an emotionally draining process, but it can be much easier with the right legal team on your side. If you are considering divorce and needing legal guidance, contact a family lawyer today to discuss your options.

Mistakes Parents Make During a Child Custody Battle

Child Custody Lawyer Vail, CO

Going through a custody battle can be one of the most stressful and overwhelming times of your life. Your life and your children’s lives are in the hands of the court. If you have a vindictive ex-spouse, he or she may try to limit your time with your children or fight for sole custody. If this is the case, consult our child custody lawyer in Vail, Co on the best course of action. Remember the court ultimately decides the legal custody and physical placement of your children.

When it comes to your custody battle, there are a few mistakes that you should avoid at all costs.

1. Do Not Fight With Your Spouse

Try to avoid any verbal altercations with your former spouse. A divorce and custody battle can result in a lot of high, negative emotions. It may be easy to find yourself arguing or fighting with the other parent of your children. Unfortunately, if you shout at your ex or start any altercation, the judge may look unfavorably at you for it. Additionally, make sure that you do not get into arguments in front of your children or badmouth the other parent. In some cases, the judge will question the children and you do not want there to be any reason for the judge to make a ruling against you.

2. Avoid Denying Your Ex Time With Your Children

You may have reasons to believe that your children shouldn’t be with your spouse, but you cannot interfere with his or her visitation or time with the children. You cannot deny reasonable contact with your children. Now, if you feel like your former partner is a danger to your children, you should discuss your fears with the court as soon as possible. In some cases, you may be able to receive a restraining order against the other parent.

3. Do Not Travel Without Notifying Your Ex

If you plan to take your children on a trip, make sure you talk with your spouse. Even if it is your time with the kids, you should always let him or her know that you plan to take a trip. Your spouse may not be able to stop you from going, but he or she does have a right to know where the children are. If he or she feels like you are keeping the children away, it could harm your case.

If you’re going through a custody battle, it is important to remain civil and listen to the judge. If you want to ensure that you have a fair deal in the custody battle, consult with our child custody lawyer in Vail, Co as soon as possible. At Zweig Law, PC our child custody lawyer in Vail, Co is ready to help you in your custody battle.

What is allowed in guardianship, and what is not?

Family Law Attorney

Guardianship is the appointment of a person by the court to exercise control or part of all of an individual person or property. The court is going to appoint someone to be your guardian when you are found to lack the capacity to take care of yourself and cannot exercise control over your property or yourself. The person who is going to be appointed by the court to care for somebody in the situation is referred to as a guardian. The person who lacks capacity is referred to as the alleged incapacitated person until guardian is appointed. Therefore after the incapacitated person is referred to as the ward of the guardian.

There are two forms of guardianship in most states. Limited guardianship or general plenary guardianship. Limited guardianship is granted was some but not all decisions about matter involving residents, education, medical, legal assistance, vocational needs or financial management need to be made for you. General guardianship may be granted for those individuals who are incapable of making any decisions on their own as according to the court.

Guardianship can be granted to a family member or any person of an interested party. Often times, the Bureau of Guardianship Services under the Department of Human Services can receive guardianship as well. The petition to determine capacity is going to be filed with the probate court in the county where the alleged incapacitated person live. In the petition to determine capacity has to state the name, age and address of the alleged capacity to person as well as the person who is petitioning the probate court. This form should also indicate the relationship that the petitioner has with the alleged incapacitated person in the primary language spoken by the incapacitated person.

In addition the petition has to be able to give the names and address of next 10, the name of the alleging the past person’s position known and any other witnesses who are able to confirm that the person is incapacitated. The petitioner must stay underground for the belief the alleged incapacitated person lacks capacity, and further the law is going to require the petitioner to identify which rights the alleged incapacitated person is incapable of exercising such as the right to marry, vote, travel or maintain a driver’s license. The petition must be signed under an oath.

If you believe that you have been on right fully incapacitated and granted a guardian, you should reach out to a family law attorney, such as the ones available at Hurst, Robin & Kay LLC. Your family law attorney is going to be able to determine if you have been wrongfully placed as someone’s ward. They are going to also be able to help guardians fully protect their wards legally. 

Whether you are a guardian or a ward, you should take a moment to speak to a lawyer and fully understand the situation that you are in. 

Hit And Run Injury

Hit And Run Injury Attorney

Hit and run mishaps can be the most noticeably awful. In addition to the fact that it is disappointing to realize that the individual that is more so to blame for your vehicle’s damages, perhaps able to leave with no responsibility, they likely left the scene and left you with wounds you might need to cover yourself because of the absence of information being their insurance. This doesn’t generally mean you are going “up the creek without a paddle”, with the right legal assistance you will have the possibility to be compensated for both your property damages and actual wounds.

In these cases, this is when it is great to have what is called uninsured motorist coverage with your insurance. Your insurance company will figure out what you recuperate in damages relying upon the degree of your wounds and property damages. Keep in mind, nonetheless, that Personal Injury Protection doesn’t cover property damage and you will need to have specific coverage for any harm done to your vehicle.

Sadly, to receive the damages in a hit and run accident, you will probably need to discover the individual liable for the mishap, regarding their leaving the scene. On the off chance that you can’t do this, this is where your uninsured protection comes in, which many individuals don’t realize they need until it is as of now past the point where it matters. This insurance inclusion pays for the misfortunes and damages brought about by an uninsured or underinsured party, which is comparable to a party that didn’t give protection information due to running away from the area of the incident.

Lucky for drivers, once you include the police, many hit and run victims actually may be able to accumulate relevant data just by simply seeing a tag number, or anything remarkable to the vehicle or driver involved in the incident. Despite the fact that there will be a surge of adrenaline going through you, attempt to assemble as many subtleties as possible: incomplete tag numbers, make, model, and color of the vehicles are the whole subtleties that can help while seeking after the driver. Search for and talk with witnesses, and take photographs of the scene and as much damage as you can.

There are a few reasons drivers run away from the location of a hit and run, and almost certainly, they can’t stand to pay for the damages caused, or are not insured. So it is ideal to talk with a gifted personal injury attorney with experience in these sorts of cases. Thus, you extend your odds of being made up for damages and wounds that you will be unable to recuperate from all alone. A skilled hit and run injury attorney in Atlanta, GA  will actually want to utilize all assets accessible to you to ensure you get what it is that you deserve.

You should call The Law Offices Of Andrew Lynch one of the best attorneys group.

How Long Can Overdue Child Support Be Collected?

Child Support Lawyer

Child support can be a complex and uniquely stressful legal issue to navigate. Whether you are the parent receiving payments or the parent making payments, child support matters often inspire heated emotional responses among those affected by them, explains a child support lawyer from a law firm like AttorneyBernie.Com. As a result, it can be especially helpful to have an experienced child support lawyer around in order to provide helpful guidance and necessary support when payments are becoming overdue.

If you either owe overdue child support or need to collect overdue support payments, a legal firm specializing in child support can help to ensure that your situation is resolved as completely and as smoothly as is possible under the circumstances. Sometimes, it is possible to resolve overdue support payment challenges without filing any legal action. But in situations in which it is not possible to do so, the courts provide legal options in the forms of enforcement actions and modification requests.

Enforcement

While some states place restrictions when an individual may request enforcement of a child support order, other states do not restrict the enforcement process in this way. This is one of the many reasons why it may benefit you to speak with an attorney as soon as you can. Depending upon which jurisdiction governs your child support order, you may be subject to a time limit related to enforcement of that order.

Modifications

If you are struggling to pay your child support obligations consistently or owe outstanding payments, it is not a good idea to simply hope that the problem resolves itself or that enforcement options “time out.” After all, many states do not recognize a time limit for child support enforcement actions. If you could more easily make your payments consistently (or pay off overdue support) if the terms of your child support order were changed, you may be eligible for a child support modification. Once formally approved, a modification will alter the terms of your order. You can work with an attorney to determine what kinds of modifications may be approved under your unique circumstances.

Child Support Assistance Is Available

If you have questions about child support collections or the child support modification process, please consider contacting an experienced law firm. They have extensive experience assisting parents seeking to enforce child support orders as well as those parents seeking to make payments in good faith but struggling with overdue obligations.

There is almost always a legal solution available in child support cases, as long as affected parents are willing to seek such a solution out. Speaking with a child support lawyer will simply allow you to make an informed decision as you move forward.

Child Safety Window Falls

There can be no greater tragedy than the loss of a child as a result of an accident. Children are naturally inquisitive, curious and playful. Unfortunately, they do not know the bounds of safety and often do not have the gift of balance. Occasionally, we read in the newspaper about the tragic death of a child from falling from the window of a home or apartment building. Or, equally tragic, a fall resulting in severe traumatic brain damage or paralysis, like quadriplegia or paraplegia. Applying modern safety standards, these tragic accidents should never occur.

There are no federal standards that require the use of safety equipment to prevent a child from falling out of a window. There are, however, national statistics that tell us that approximately 8000 children are treated for window falls each year. Safety standards can be found in local building codes, and standards published by the American Society for testing and materials, the American Architectural Manufacturers Association, the Consumer Product Safety Commission, the National Safety Council and the American Academy of Pediatrics. Standards and recommendations can also be found in literature published by window manufacturers. In addition, you can look to the company that manufactured the window to see if they offer a variant that would be more childproof, such as one that opens vertically rather than horizontally. Finally, you can look to literature published by companies that sell window safety devices and locks.

In addition to the owner of the premises, a personal injury lawyer may look to the manufacturer of a safety device that failed. For example, screw-on window locks can fail, whereas safety screws function better and are just as economical. When it comes to hotels and landlords, it will be important to review inspection records to see if window safety was ever addressed. An ignorant landlord or hotel owner is a negligent one.

The State of New York and New York City have been particularly vigilant about addressing concerns about child safety when it comes to windows and balconies. In the 1970s, N.Y.C. developed an educational program titled “Children Can’t Fly.” This PSA includes a discussion about safety devices that must be implemented in order to prevent children from falling from heights.

In litigating a serious personal injury or wrongful death claim arising out of a fall from a building, the law of premises liability applies. While this law may vary slightly from state to state, generally, a landlord or property owner is held liable for those hazards that they know about or should have known about. The same law applies when objects fall from a balcony or ledge and land on a passerby causing death, severe personal injury or brain damage. In these instances, landlords and property owners are deemed negligent if they fail to eradicate dangerous objects that can be inadvertently knocked off, like flower pots and icicles, or, in some instances, thrown from the hotel, onto populated areas below.

If you have been the victim of an injury or death of a family member related to objects falling from a building or a child falling from a window or balcony, you should contact an experienced personal injury lawyer so that they can conduct an inspection of the property as soon as possible in order to document the hazardous condition before the landlord or property owner repairs it.

For questions about a wrongful death case, contact a wrongful death lawyer like the wrongful death lawyers at the offices of Mishkind Kulwicki Law Co., L.P.A. for help.

Can a Business Lawyer Help Employee Issues?

Business Law

Business law encompasses an enormous variety of services a business lawyer can provide, including the resolution of employee issues. Other representative legal services include the following:

• Business entity formation
• Start-up capital procurement
• Workers’ compensation insurance procurement
• Business insurance procurement
• Contract negotiation and drafting
• Intellectual property protection
• Acquisitions and mergers
• Business growth strategies
• Business tax planning
• Representation in lawsuits brought by or against your business
• Business dissolution

Employee Issues

One of the ways a business lawyer can assist you with employee issues is to help you try to ensure that they don’t arise in the first place. For instance, such a lawyer can help you do the following:

• Develop and draft clear and succinct employee policies and procedures
• Develop and draft wage and hour policies
• Develop and draft break policies
• Develop and draft vacation, sick time, and other time off policies
• Develop and draft safety policies
• Develop and draft a company dress code
• Develop and draft employment agreements
• Develop and draft independent contractor agreements
• Develop and draft nondisclosure agreements
• Help you establish and maintain a non-discriminatory workplace

Keep in mind that while Federal laws exist that regulate the way in which your business must be run with regard to your employees, your state may well have additional laws and regulations in place. Your experienced local business lawyer undoubtedly will not only know these laws but also will keep himself or herself updated on the changes that take place.

Employee Lawsuits

Should one of your employees sue you despite your best efforts to the contrary, your business lawyer likely can represent you and the interests of your company in court. If he or she does not do courtroom work, he or she can certainly refer you to a colleague, possibly another member of his or her law firm, who focuses on business litigation work.

In-house Versus Outside Legal Counsel

If you’re just starting out or if you’re a small company that doesn’t yet need an in-house legal department, you may wish to consider retaining a lawyer to act as your outside legal counsel. Many business lawyers offer this service on a monthly or yearly retainer basis. Having this immediate access to a trusted business lawyer can make your life a great deal easier.

All in all, your business lawyer can be your company’s best friend and strongest advocate, helping you head off employee, vendor, and other problems before they become major issues requiring litigation. A litigation law firm, like Brown Kiely LLP, could also be contacted if you feel that it may be needed now or in the future for your business if a dispute may arise.

Why High-Net Worth Divorces are Complicated

High Net Worth Divorce Lawyer

No matter the circumstances, a divorce can result in a costly toll on every person’s finances and emotions — even more so with a high-net worth divorce. When a married couple parting ways has a substantial amount of assets, property, and income together, the stakes immediately become so much higher. Due to the complexity of high-net worth divorces, it is imperative that you hire a lawyer who knows how to carefully strategize in your favor.

Refrain From Making Emotional Decisions

Let’s face it, divorce is an emotional process. At the same time, it is also a very strategic and law-focused process as well. Emotions are going to come up, that is simply part of divorce. But how you handle them will be what is important. Your lawyer may suggest waiting until you have moments of calm before making certain decisions, so you don’t state a choice in haste and regret it later.

Correctly List Your Assets

Assets are categorized as either community or separate property. Only property that is deemed “community” will be divided. Couples with high-assets, however, may find it is more complicated than that. For instance, maybe your spouse had a business before the marriage. But then, amidst your marriage, community property was utilized to enhance the value of that business. Now, the business is seeming more like community property, and may be subject to division.

With that being said, it’s tempting to want to hide your assets. If the court or your ex finds out that you intentionally hid assets to safeguard them from being split up during divorce negotiations, it will not be taken lightly and it can seriously impact the outcome of your divorce settlement.

Hire a Lawyer Seasoned in High-Net Worth Divorces

Preparing for divorce is stressful enough. You will only be adding to it by not having reliable legal representation. The best action you can take at this time is finding a lawyer with vast experience in high-net worth divorces.

If you need a divorce lawyer now, don’t hesitate to contact a High Net Worth Divorce Lawyer near you, such as an experienced team member from Robinson & Hadeed. 

4 Types of Traumatic Brain Injuries

There are two types of brain injuries, and while they can have similar effects, their causes are different. An acquired brain injury occurs because of an underlying medical problem, such as a tumor or a stroke. A traumatic brain injury (TBI) occurs due to something outside the body acting on the head in a violent or impactful way. Specific types of traumatic brain injury can have different causes.

1. Open Head Injury

An open head injury occurs due to a foreign object penetrating the brain after first punching through the skull. It is called open because the object breaks through the skin on its way to the brain. Bullets and shrapnel are common causes of open head injuries, but any object that strikes the head with enough force to penetrate the skull may result in this type of injury.

2. Closed Head Injury

A closed head injury occurs when something strikes your head with enough force to cause a traumatic brain injury, but there is no foreign object penetrating the skull, nor any breaking of the skin. Examples of closed head injuries include concussions and contusions, which can range in severity.

The skull is usually very effective at preventing injury to your brain, so the mere fact that you hit your head does not necessarily mean that you have a TBI. However, any unusual and troubling symptoms after you hit your head should be evaluated for evidence of a traumatic injury.

3. Severe Shaking

Violent shaking back and forth can cause tearing of nerve tissue, leading to brain damage. While anyone can potentially get hurt by this type of treatment, very young children are especially vulnerable. Not only are their brains still developing, but they also lack muscle stability in their neck, meaning that the effects of the shaking can be even more severe. For this reason, the damage that results is often referred to as shaken baby syndrome.

4. Whiplash

Whiplash refers to a single, involuntary, violent back-and-forth motion of the head and neck as opposed to rapid shaking. Car accidents, especially rear-end collisions, are among the most common causes of whiplash. While whiplash is known primarily for injuries to the neck, there is evidence that it can also contribute to brain injuries. For example, people with whiplash are more likely to develop Chiari malformation, a condition in which part of the brain extends down into the spinal column. It can cause headaches and other neurological symptoms. A brain injury lawyer like one from Hall Justice Law Firm can help you file a claim. One of our attorneys may be able to help you collect damages for a brain injury caused by someone else’s actions. Contact our office to schedule a consultation.