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Are You Being Threatened By Your Ex With The Loss Of Your Children? It Isn’t That Easy

Posted by on 4:43 pm in Uncategorized | Comments Off on Are You Being Threatened By Your Ex With The Loss Of Your Children? It Isn’t That Easy

Is your soon-to-be ex-spouse threatening to take your children away from you so that you’ll never see them again? When parents go through an acrimonious divorce, these sorts of threats aren’t uncommon. However, that isn’t as easily done as some people imagine. Learn more about your rights as a parent and the difficulties of a petition for sole custody. There has to be a reason for sole custody. For a court to award sole custody of the children to only one parent, there has to be a very good reason and that reason has to be centered around the child. In other words, if your spouse is angry at you over an affair, that’s really not going to be a factor unless the affair affected your ability to be a proper parent to your child. The court makes custody decisions based on the best interests of the child–not what’s in the best interests of either of the divorcing couple. What sort of things could influence a judge to award your ex-spouse sole custody of the children? You have a history of drug addiction or alcoholism and the problem is ongoing. You have convictions for domestic abuse, including the abuse of your children. You’ve been convicted of neglecting your children. There’s documentation that proves that you don’t adequately supervise your children when they’re alone in your care, such as hospital reports or social service interventions. You’ve been uninvolved, by your choice, in the child’s life. You’re physically or mentally unable to care for the child. If none of those things apply to your case, your ex-spouse is going to have a very difficult time convincing a judge that you don’t deserve equal time and control over your children. In addition, the court isn’t going to simply accept your ex-spouse’s allegations over the matter. He or she has to have some kind of evidence that a serious problem actually exists, not merely his or her opinions. Ask yourself if there are any documented examples that your spouse can use to show that you have mental health problems, are abusive, or have an addiction issue. Are their police reports? Have social services been involved? Are their doctor records? If there are, discuss the situation with your attorney. If the incident was something out of character for you or well in the past, your attorney may be able to overcome the issue. Sole custody doesn’t equal a loss of visitation. Even if there is a physical, mental, or financial reason that you aren’t able to share custody, that still doesn’t mean that you will be prevented from seeing your children. Sole custody doesn’t mean that your ex-spouse will have complete control of when, how, and if you see your children. If you ex-spouse is awarded sole custody, that gives him or her the right to make some decisions regarding your child’s welfare without asking for your input. For example, your ex may be able to decide to change their schools or dictate their religious upbringing without your advice. However, unless there is a compelling reason to prevent you from having any contact with your children at all, the court will generally award you liberal visitation rights, on a court-ordered schedule. If you have had problems that give the court pause, such as serious...

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Assess Real Estate While Getting A Divorce: Should You Sell Now Or Later?

Posted by on 3:14 pm in Uncategorized | Comments Off on Assess Real Estate While Getting A Divorce: Should You Sell Now Or Later?

Whether they have been married for a couple of years or multiple decades, many couples count their home as their biggest asset. Hundreds of hours of work may have been put into the house, not to mention all the money that has been put into fixing up the house and even performing maintenance on it. Your real estate attorney can help you assess the marital residence and decide the best steps to take to ensure that your best interests are honored. Should you sell now or later? Well, that depends. Here are the top considerations as you make this important decision. Deciding Upon a Distress Sell When you are selling your property in the midst of a divorce battle, keep in mind that realtors often consider this a distress sell. You don’t get the most money for your property during a distress call. If you have one or more mortgages, you may find yourself owing more to the bank than you are able to get for your home. If you really need to get rid of the property right away for personal or financial reasons, then it may be in your best interests, but that may not be the case. Considering The Buyout Sometimes it works best for the couple for one person to buy out the other’s interest in the home. If you are well-off financially, that’s typically the best option as long as the value of the property is agreed upon. By doing a buyout, you are able to either get your money from the property and move on or keep the house that has long been a home to you. A buy-out can be a win-win situation for both parties.   Keeping The House One strategy that many financially savvy divorcing couples may decide on is simply to keep the house for a while. During this time period, one of the spouses usually lives in the home and is responsible for its upkeep. In this case, contact your real estate attorney to be sure that the expectations and responsibilities for each party are clearly outlined and understood. This typically only works when you have somewhat of an amicable divorce. Even if that’s the case, however, you still need to be vigilant about protecting your own interests throughout the process. Finally, keep in mind that the home you lived in with your spouse for years may bring up all kinds of emotions. However, never make a crucial decision when emotions are running high. When you are feeling sentimental, you may sell yourself short. When you’re angry, you may not agree with your spouse when it would be in your best interests to do so. Try to stay objective and consult your real estate attorney before making any major decisions on whether to sell your real estate now or later during the divorce...

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A Few Things To Look For When Signing A Commercial Lease

Posted by on 1:41 pm in Uncategorized | Comments Off on A Few Things To Look For When Signing A Commercial Lease

A commercial lease is quite different from a residential lease. Not only are the terms and stipulations different, you also have to consider the business aspect of taking on the financial responsibility. You need to be on the lookout for certain items that can end up costing you more than you had anticipated paying. Here are a few things you may need to iron out with the landlord before going any further. Length of the Lease Commercial leases are generally for longer terms than residential leases. When starting a new business, the idea of committing to a lease of five years can be scary. An experienced real estate attorney may be able to offer an alternative to a long lease that will be acceptable to both you and the property owner, such as having you pay a bit more per square foot, or a clause that states you will not make any permanent changes to the building. However, if you are moving or expanding an established business, you may want to sign an even longer lease to give your business some stability. If this is the case, and you can prove you have the ability to warrant a longer lease, the property owner may be willing to pay for some of the work needed to make the property fit your needs. This can include building the interior of the place to suit your business. In either case, when you sign a commercial lease, you want it to contain a clause stating that you have the right to a new lease at the end of the current one, and that the lease will remain in effect even if the building is sold. Favorable Clauses Favorable clauses are those that will benefit you. They often include one for subletting the building if you need to move or close your business. This can be very important and save you a lot of money on an early termination of the lease. Favorable clauses also include how and where you can place signs for your business. If there is a pole sign out front already, be sure you are allowed to add a sign to it. Make sure you understand any limitations on the size of all signs too. Having a non-compete clause can be very important if you are in a strip mall location. This means that no business that is similar to yours may rent other stores in the mall. For example, if you are a shoe store, no other shoe stores may rent in the mall. However, this does not mean that a store that sells many things, including shoes, cannot be there. As with any legal document, it is always a good idea to have a lawyer look it over before you sign it. A real estate attorney can look for hidden expenses you may not consider. He or she may also help you to understand your rights and your obligations to the lease. A good business person has advisors; use them wisely. For a real estate attorney in your area, contact a law firm such as Brandt Law...

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Tips For Divorce Mediation

Posted by on 4:05 pm in Uncategorized | Comments Off on Tips For Divorce Mediation

Regardless of whether or not you are planning to get legal assistance with your divorce, going through divorce mediation is usually a good idea. It helps you and your spouse figure out important decisions and make compromises because you have a neutral third party listening to both you and your soon-to-be-ex spouse’s concerns. However, divorce mediation is not the easiest process and is by no means guaranteed to have a positive outcome. Here are some tips for making sure that your mediation goes well. 1. Get Both Parties Signed On The first thing that you are going to want to do is get both parties totally signed on to divorce mediation. Divorce mediation is not going to work unless both you and your soon-too-be-ex spouse are willing to do it. If you are signed on to the idea of divorce mediation and your partner is not, then you are going to need to help him or her get on board. Make a list of pros and cons of going to divorce mediation, be as flexible as possible with your schedule so that he or she doesn’t have an excuse about not having the time to go when you can go, and agree to let him or her speak first for as long as he or she wants to during the first session. 2. Have All Of Your Lists Ready to Go Make lists of all of your assets before you go in, including all of the electronics in your house that are jointly owned, joint bank accounts or other financial assets that you both have stakes in, all of the real estate you both own, all of your income statements and those of your partner’s, and any shared debt. This will help you go into the mediation feeling prepared. Make a copy of any forms so that your soon-to-be-ex spouse’s team can have the exact same information. This will help decrease tension and show that you are ready to negotiate. 3. Breathe Go to yoga before the first mediation session and before every session hereafter. Sit in your car and listen to a meditation CD for fifteen minutes. Do something to get your emotions under control. You are going to be doing yourself a disservice if you are not willing to listen and only want to argue.  4. Figure Out What You Need to Survive Finally, before you go, make a list of musts that you need to have. This is the minimal level that you know that you cannot go beneath. Having a baseline for monthly expenses, equipment, and housing will allow you to feel secure making compromises as long as they don’t go beneath this level. For more information, click on this link or do an online search for divorce...

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How Tailgating Influences Your Car Accident Claim

Posted by on 11:37 am in Uncategorized | Comments Off on How Tailgating Influences Your Car Accident Claim

Tailgating is a common reason for a car accident. If someone is following you closely from behind, and you have to suddenly slam on your brakes, the motorist behind you may not be able to stop in time, leading to an accident. You will need to quickly consult with a car accident lawyer who will gather evidence so that you can demonstrate that the other motorist was at fault of the accident and that you deserve compensation. Discovering If A Motorist Is Negligent Tailgating is considered a form of negligent driving. Therefore, if it is demonstrated that the other motorist was engaged in negligent driving, he or she will be held responsible for the accident. One thing that may be uncovered through the discovery process is that the other motorist was distracted, drowsy or under-the-influence during the accident. These factors can be used to further demonstrate that the other motorist was at fault for the accident. Also, if the other motorist appeared to be angry and aggressive, this can indicate that the motorist was experiencing road rage. Obtaining Police Evidence Newer laser radars used to gauge the speed of motorists also have the capacity to gauge the distance between you and the motorist tailgating you. This feature provides the police with evidence that can be used to demonstrate that the other motorist was responsible for the accident. Demonstrating Your Own Duty Of Care Explaining that you took preventative measures to avoid the accident can also help further establish the other motorist’s fault. For example if you tried to change lanes, but the other motorist moved into a different lane, or if you tried to establish more distance between yourself and the tailgater, this could be used as evidence that there was nothing you could have done to avoid the accident. Tailgating often leads to accidents when you attempt to stop or turn. For this reason, you must always clearly signal your intentions. For example, if you intend to make a left or right turn, you should use your turn signal. If you intend to come to a complete stop, you should slow down slowly before stopping completely. It is always better to avoid the accident in the first place, even if you wouldn’t be in fault. However, if you can’t avoid the accident, be sure to consult with a car accident attorney so you can pursue a settlement from the other motorist’s car insurance company like Jacobs & Barney...

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2 Things To Know About Age Discrimination And Wrongful Termination Cases

Posted by on 7:56 am in Uncategorized | Comments Off on 2 Things To Know About Age Discrimination And Wrongful Termination Cases

Being fired from a job can be devastating, especially if you are over the age of 40. Once you reach this age, it can become harder to find a new job, because many employers look for younger people to hire. If you believe your boss fired you strictly because of your age, you may be able to seek compensation by filing a wrongful termination lawsuit. Here are two things to know about this. Why employers fire people for age When employees are at their jobs for a long time, their employers may give them pay raises on a regular basis. Because of this, having the same employees for a long time can be costly for businesses. To reduce their expenses, some companies may try to find younger workers to replace the older ones. This can help them save money in payroll costs, but that is not the only reason older workers get fired. The other common reason employers fire older workers is due to their productivity. Younger people might be able to work harder and complete more duties in the same amount of time. Not only would employers save money on payroll by doing this, but they might also be able to make more money from the work younger employees offer. You will need to have proof The hardest part of a wrongful termination case is proving that your employer fired you because of your age. To win, you must have proof that your boss fired you for a reason that is not legal. If you were not performing your job well, your boss may have fired you for this reason. This is a valid reason for being fired, and you cannot sue if your boss fired you for this reason. On the other hand, if your boss simply wants to replace you for a younger worker and you have some type of evidence to prove this, you might have a case. The best thing you can do before you file a lawsuit is thoroughly discuss your case with a civil rights attorney. An attorney in this field is experienced with knowing what type of evidence is needed to win. The Age Discrimination in Employment Act of 1967 was designed to protect people against this issue. A civil rights attorney knows and understands the rules relating to this act and can help you determine what to do if you believe you were fired because of your...

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Workers’ Comp And Repetitive Stress Injuries

Posted by on 10:26 am in Uncategorized | Comments Off on Workers’ Comp And Repetitive Stress Injuries

If you work at a job that requires you to make constant, repetitive motions, you may be suffering from a medical condition known as repetitive stress (or strain) injury. Typing, assembly line work and all types of manual labor could put you at risk for this debilitating disorder. With this type of injury, your ligaments, joints, muscles and nerves can become inflamed and painful over time, with the repeated impact on these areas resulting in a constant cycle of incomplete healing. You should know that you may be entitled to collect workers’ compensation for these injuries, so read on for more information about this disorder and how to get compensated. Three Types of Repetitive Stress Disorders Bursitis will frequently affect primarily your knees and elbows, and sometimes causes a crackling feeling when bending those joints. This condition results in tenderness and pain in your joint. Carpal tunnel syndrome is caused by a compression of nerves in the hands and wrist, which can result in numbness, swelling, burning, tingling, and itching. The nerve passageway in your wrist (the “tunnel”), becomes compressed and damaged with repeated use, such as constant typing on a keyboard or small-scale assembly work. Tendinitis, as the name suggests, affects the tendons. The skin over the affected area can become reddened and feel warm and painful to the touch. Your range of motion can be severely limited by this inflammatory disorder. What You Need To Do These conditions normally worsen over time, so prompt attention is required. Get medical attention, even if you are concerned that workers’ comp will not cover your injury. Any medical expenses that you have to pay out-of-pocket can be later recovered if your workers’ comp claim is approved. Getting Compensation Inform your employer as soon as you begin showing symptoms of a repetitive stress injury. Ensure that a workers’ comp claim is filed as soon as possible. You must be able to show that your injury was caused by your work. Make sure that you stay consistent with all information given in all accident reports and especially at your doctor’s office visits. Your medical records must show a clear work-related complaint for workers comp to cover your claim. Keep in mind that failing to keep your doctor’s appointments or not properly following treatments can cause your claim to be denied. Contact a workers’ compensation attorney from a firm like Hamilton Law Firm, P.C. if you are having trouble getting your claim approved. Repetitive stress injuries can be more challenging to prove, so you can increase your chances of success with a competent attorney on your side....

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Surviving Divorce: 5 Tips For Determining Your Alimony Settlement

Posted by on 4:49 pm in Uncategorized | Comments Off on Surviving Divorce: 5 Tips For Determining Your Alimony Settlement

When you first got married, you probably thought that you would be with your spouse forever. Unfortunately, that isn’t always the case. Divorce itself is tough on your emotions, but it’s also rough on your wallet. A household that once had two incomes will be forced to depend on one, unless you qualify for alimony. If you do qualify for alimony, you need to start by determining your settlement amount. Use these five tips to help get the funds you want and need: 1. Determine What You Want Before you begin any negotiations, you should start by determining what you want out of alimony payments. Do you want to be a stay-at-home parent? Do you want to sell the house and receive cash? Or do you want support with specific costs? In order to calculate a figure, you need to know what it is that you really want. So think hard and be reasonable. Remember, your ex-spouse should be able to afford what you’re asking for. 2. Create A List Of Expenses If you are wanting support from your alimony, take some time to calculate your expenses. Look at previous months bills, such as electric and mortgage, and come up with an average. Be sure to include payments for other items, such as credit card payments or loans. Additionally, include one-time expenses, such as moving or family law attorney fees. Once you have all of this information, come up with an average and determine how realistic it is. If you determine that it isn’t realistic, determine what you can cut from your list. 3. Start High When negotiating, you should always start with a high number. This high number will give you some wiggle room, so that in the end you get what you want. So add a couple hundred or a couple thousand to your final figure for negotiations. 4. Remember The Kids Another helpful tip for determining alimony payments is to remember the kids. Perhaps you’ll need help buying school supplies, clothing, or paying for college. Keep these in mind when negotiating. If your spouse offers to pay for these items, take this into account and eliminate those child-related expenses from your bottom line. Your spouse shouldn’t pay twice for these things, even if you are feeling angry or hurt. 5. Use An Attorney Finally, make sure you are using a family law attorney to negotiate your alimony payments. Although it might seem like a simple process, it’s often complicated. There are many factors that go into payments and these are just a few, so hire an attorney and listen to their advice. They will ensure that you and your family are taken care of, regardless of the situation. Divorce is never fun, but it is an unfortunate part of life. If you are going through a divorce and want alimony, use these tips and an attorney like Thomas & Associates, PC to help determine how much you should ask...

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5 Tips To Help You Keep Your Pet During A Divorce

Posted by on 7:51 am in Uncategorized | Comments Off on 5 Tips To Help You Keep Your Pet During A Divorce

A divorce is hard enough when it affects just the two of you, but pets can add a new layer of difficulty to the proceedings. The court generally looks at pets as property, which means they are divided up between the two divorcing parties. The following tips can help you increase your chances of keeping your pet. Tip #1: Be Willing to Compromise This may mean giving up something else that by all rights should belong to you, such as a vehicle, house, or other item of relative value and use. Sometimes an ex will fight for a pet simply because they want to use it as a bargaining chip for another item. Tip #2: Work Together Not all divorce distributions have to be decided by the judge. If possible, work with your divorce attorney and your ex to create an equitable distribution of property before the court proceeding. Then, you will only need the judge to approve and finalize it. Your lawyers will act as your mediators, ensuring that you get what you deserve while also keeping the proceedings legal. Tip #3: Get Custody of the Kids There is a precedent of the judge sending the pet with the parent that has primary custody of the children. The reasoning is that the kids will benefit from having their family pet with them during the difficult period following a divorce. Although pets are technically property, judges may also rule in the pet’s best interest so they will avoid separating them from the bulk of the family or the family home to which the pet is accustomed to. Tip #4: Get an ESA An emotional support animal is a therapy pet, which is registered as a medical assistive service animal. If you can get ESA approval from your therapist, the judge is likely to grant you custody of the pet, since it is now a service animal and a prescribed part of your treatment plan. A true ESA animal must be documented and prescribed by a mental health care provider, so make sure you follow this step if you want to use this argument to keep your pet. Tip #5: Show Proof of Care Are you the main caregiver of your pet? If you can prove that you have footed most of the care and monetary responsibilities of the pet, you may be able to get custody. Since a pet is considered property under the law, a proof of purchase in your name can be sufficient for establishing ownership. For more information, contact Kalamarides & Lambert or a similar...

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Shared Or Joint Child Custody: How They Differ

Posted by on 5:17 pm in Uncategorized | Comments Off on Shared Or Joint Child Custody: How They Differ

Child custody issues can be among the most contentious areas when parents divorce. The level of cooperation and respect that a divorcing couple demonstrates for each other can have an tremendous effect on how long your divorce case drags on and how much money gets spent to litigate it. Making a good, fair and workable child custody agreement outside of court can be extremely beneficial; after all, who knows whats best for your child other than you? The terms “joint” and “shared” in regards to child custody may at first appear to be the same thing, but these two forms of custody are actually quite different. It’s important to know the difference, since your divorce agreement will specify the exact type that you both agree to follow, and you should ensure that you are on the same page as the court system. Read on for an explanation of the two types of child custody. Joint Child Custody This custody concept specifies one parent to hold primary physical custody of the child, with major decisions involving the child being made by both parents equally. A stable home environment may be important for younger children, and a generous visitation schedule allows the other parent to spend time with the child. This type of custody is ideal if the parents get along enough to come together and agree on issues related to parenting, such as education, religion, discipline and other major areas of concern. For parents who live in different states, this can be a workable solution for custody placement. Shared Child Custody Time spent with the child is at the center of the concept of shared custody. The percentages of time spent with each parent is sometimes spelled out, but traditionally custody agreements will allow equal time with the child for each parent. While seen as some to be the most “fair” form of custody, it can be an organizational nightmare to carry out. Parents should live in relatively close proximity for shared custody to work. While the child may benefit from being with both parents, having to keep two sets of belongings and dealing with the logistics of after-school activities and social obligations require parents with good organizational skills. Keep in mind that child custody arrangements remain one of the issues that the courts are willing to revisit if necessary. The best interests of the child are at the forefront of the court’s attitude about children, however, not issues about the inconvenience to the parents. Consult with your family law attorney for more information about the child custody arrangements and create a child custody agreement which benefits your...

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