law

Types of Labor Arbitration

Law

Employment disputes are increasingly common even with collective agreements in place. Arbitration is an alternative method of dispute resolution in which both parties submit their labor relation issues to an arbitrator. It is the last step in dispute resolution between employers and labor unions representing their employees.

The union arbitration process starts with the filing of a case and selection of an impartial arbitrator. The arbitrator is typically an attorney well-versed in employment laws. Furthermore, there are different forms of labor arbitration depending on your dispute.

1. Grievance Arbitration or Rights Arbitration

This deals with a dispute involving interpretation and application of a specific existing agreement. It involves a collective bargaining agreement or labor contract.

A neutral arbitrator (agreed upon by both employees and the union board) and the management resolves the dispute. The decision of the arbitrator is binding.

2. Interest Arbitration or Contract Arbitration

This involves negotiation of the conditions and terms of employment for union employees before signing a new employment contract or renewing an existing one.

The arbitration process aims to come up with fair terms for both the management and employee. The decision by the neutral arbitrator is binding to both sides.

3. Arbitration of Statutory Disputes

This form of arbitration is typically reserved for non-union contract agreements. Some companies provide this arbitration as the formal dispute resolution method for any complaints regarding employment to avoid costly court litigation.

Job discrimination is the frequent row settled by arbitration of statutory disputes. The agreements reached in this arbitration are binding to both parties.

4. Tripartite Arbitration

This involves three arbitrators. The employer and union each select one arbitrator, while the two arbitrators or the employees choose the third.

Arbitration, compared with litigation, is more efficient, private and less costly. In most cases, the parties involved still have a good working relationship after the process, unlike in court litigation.

Set Modest Goals to Handle Back to School Activities and a Divorce

The Law

A divorce can be difficult to manage, in general, but it becomes even harder to handle when it is time for your children to go back to school. For the sake of yourself and your children, you will naturally want to go through with the divorce as civil and as respectful as possible. Things can turn awry when you least want them to, sadly. Instead, you can simply aspire to accomplish more modest goals, and you will find yourself handling the divorce and your children’s back to school better.

Keep Your Children in Mind

You can ask family lawyers here in Townsville for advice, but a good goal to strive for lies in fighting in the absence of children. No matter how sour your relationship with your spouse has turned, your children have to be protected from all the distress that divorce and the process can bring. At the same time, do what you can to manage your divorce while keeping to the previous rule.

Be Realistic with Co-Parenting Arrangements

You can also push yourself to look at things realistically. You may be able to conduct yourself civilly, but your spouse may not. In such a case, you have to assess any arrangements between you and your spouse and see if both of you can pull through with those arrangements. When either of you can’t perform ideally, it will be best to distance yourselves for a while.

Inform the Teachers

When you can conduct yourselves as co-parents, however, you can do some things to facilitate your children’s back to school activities. You can inform the teachers about your family’s situation. In this way, they can watch over your children over the course of the day, and they can prepare themselves on what to do in case of any emotional issues.

With these goals, a divorce can be easier to get through as you handle your children’s school activities. Things may not be ideal, but things can work out quite well when you stick to goals that you can achieve.

Are You Financially Prepared for a Divorce?

Finance

Would you save money to prepare for a divorce? A survey showed that two-thirds of Americans are unprepared financially in the event that their marriage reaches a dead end.

TD Ameritrade’s Financial Challenges of Divorce and Widowhood survey gathered information from 2,000 adults between 37 years old and above. The respondents also said that they have not prepared for the possibility of becoming a widow or widower.

The Truth Hurts

It might seem counterintuitive to tie the knot and then save for a potential divorce, but statistics indicate the ugly truth. An estimated 4 out of 10 married couples in the US decide to break up, while widowed Americans account for around 25% of people 65 years old and above.

If you live in New York, the first thing you should do when making financial plans includes looking for divorce lawyers in Long Island or New York City. The state may have the lowest divorce rate in 2016, but it does not imply that it may continue in the future.

Financial Plans

Census data revealed that only nearly 13 out of 1,000 New York married couples divorced in 2016. Experts believe that this may be due to alimony laws in the state. David Lynch, TD Ameritrade managing director and head of branches, said that having a financial plan is essential for when all else fails.

This will help you when the time comes that experiencing the burden of alimony laws might be a better option than remaining married to your spouse. Lynch described a financial plan for divorce similar to how we spend for other emergencies, such as possible disabilities or illnesses, in the future.

When you start saving for a potential divorce, it should not necessarily mean that you expect a failed marriage. You should consider it as a safety net since it is common knowledge that ending your marriage will require you to spend a lot of money.

Post-Divorce Misery: The Usual Suspects

Law

an unhappy coupleIrretrievable breakdown of the matrimony is the only divorce requirement in Colorado. When a spouse files for it, it only means both parties could no longer get along and want to stick it out. But since divorce is such a major life-changing decision, many people find themselves miserable even after legally ending their bad marriage. If you ask why to any experienced divorce lawyer in Colorado Springs, Denver, or Builder, here are the likely answers you’d get:

The “Fairness” is Subjective

The number cause of misery is an unfavorable outcome. If you don’t get what you think is fair for you, you’re bound to feel down. This usually happens if you take your divorce to the court and let a judge make the final decision. Considering Colorado is “no-fault” state, the judge won’t penalize any spouse who committed misconduct in the past. If your partner were guilty of infidelity or drug abuse, you wouldn’t get sympathy points from the court. The court will determine what is fair for both parties based on what the laws spell out only. If you think this is unfair, consider mediation.

Someone Feels Blindsided

When the possibility of divorce was never discussed, the action might come as a shock to the spouse didn’t file for it. Moreover, that person might be at a disadvantage because of the surprise factor. Naturally, the spouse who files for divorce gets a head start.

Expectation Is Out of Tune with Reality

Many spouses facing divorce don’t fully understand the harsh realities of breaking up the marriage. One of the process’s inevitable consequences is change. Nine times out of 10, your divorce would shake up your life at different levels. No matter how much you want to hope that some things would remain the same, they would most likely not. A healthy way to imagine your post-divorce life is to think everything will be different. Anything you like in your married life that stays unchanged after divorce will be a pleasant surprise. Divorce doesn’t have to be a traumatic experience. If you play your cards right, you can survive the process with a smile on your face.

4-Point Guide to Choosing a Divorce Attorney

Law

Your choice of an attorney may affect the outcome of your divorce case. It is, therefore, important that you get it right. But how do you choose the right lawyer from an array of lawyers out there?

Here are some important factors to consider before hiring a divorce lawyer in Denver, Colorado:

References

With the increasing number of divorce cases in the United States, you are likely to know someone who recently went through it. Talk to them and ask them about the attorney they hired. Inquire about the qualifications of the lawyer and their experience while working with the professional. These clients may provide honest feedback and advice on which attorney to go for, and which to avoid. Having a reference will not only save you time; you will also be working with someone you know you can trust.

Experience and Qualifications

Most of the divorce lawyers provide free consultations. It is, therefore, prudent that you interview more than one attorney. Remember that finding the right divorce lawyer takes time and patience. Settling on the first attorney you meet could be a gross mistake. This is because you limit yourself to their approach, advice, and experience. It is always good to evaluate how qualified others lawyers are to handle your case. By doing this, you open yourself to a broader pool of options before making the final decision.

Personal compatibility

Choose a lawyer that you are comfortable working with. If somehow you feel uncomfortable about a particular attorney, consider finding another one. This is regardless of the other abilities they may have. In family law, the relationship between an attorney and the client is crucial. Due to the sensitivity of the matters involved, you need a professional you can trust and share your concerns with comfortably.

Cost

Be on the same page with your attorney when it comes to professional fees. This will help you plan and evaluate whether you can afford the services. It is good to be realistic on how much you can pay without draining your finances. Remember that a divorce is stressful enough; you don’t want to add to that the possibility of bankruptcy. A good lawyer will give you an estimate of the charges depending on the nature of your case. Note that the figure may change depending on how the trial will go.

A divorce can be psychologically draining. It is, therefore, imperative to have the right and experienced attorney taking care of you and your rights.

Top Three Reasons You Should Hire an Immigration Lawyer

Law

Do you know of someone who went through the immigration process successfully on their own? Possibly, because there is no legal requirement for you to have an immigration lawyer represent you. However, given the complexity of the immigration process, specialists at Buhler Thomas Law, P.C. present these reasons for your consideration when thinking of hiring an immigration attorney in Utah.

Speed up your case

Immigration lawyers know exactly what you need for a successful application process. They know the exact documents you should complete and the support documents you need to submit. This will expedite your process, saving you time and sparing you from the stress of learning how to do it.

Experience and expertise

Immigration laws are not only complicated, they also keep changing. Trying to go through them by yourself, you risk having your application turned down. You can be confident of better chances with the guidance of an experienced immigration attorney as in any other state, who is always abreast of any changes in the immigration laws. As an expert your immigration lawyer is also in a better position to interpret the laws and whatever changes there may be.

Avoid costly mistakes

Due to the complexity of the US immigration laws, the process of filing the petitions can be complicated for most people. Therefore, chances of making critical mistakes are so high. Remember, any mistake you make during this process, no matter subtle, can cost you dearly, financially or otherwise. By hiring an immigration attorney, you avoid making these costly mistakes.

Getting the right immigration attorney to handle your case ensures that you have higher chances of success. It also ensures that you have less headaches going through the process, speed up your application, successfully navigate through current changes in immigration laws, and avoid unnecessary expenses.

What You Need to Do Before Filing for Child Support

Law

If anyone ever tells you that getting child support is simple and easy, they must not have ever gone through it. Perhaps they would say, anything these days could be accomplished online. While that may be true for many other services, when it comes to filing for child support, you still have to show up at your local office of Child Support Enforcement.

You also have to bring the required documents to file:

  • A valid (up-to-date) passport, a valid driver’s license, or some other valid photo identification.
  • Proof of billing or address, such as utility bills, rent receipts, etc.
  • Your child’s birth certificate.
  • The current address of your ex, or the address of their current place of work.

You can also bring additional documents that might help strengthen your case:

  • DNA test results or an affidavit proving paternity.
  • Recent child support payment evidence or proof of arrears.
  • Other financial documentation
  • Proof of income

Knowledge is Power

Doing your homework can help make the process a little easier. That means going online and doing some research, particularly on the website of the Office of Child Support Enforcement. This will give you an idea how to go about the process, what to expect, what to do if your ex is no longer living in the state or in the country, etc. As with anything else, knowing is half the battle.

Who Do You Call

It’s also advisable to seek help from a more knowledgeable friend or family member, particularly one who has been through the same process. Nothing beats practical information and advice regarding matters like how long you should expect to wait.

Another step you can take is to find a child support lawyer in Colorado Springs or wherever you happen to be residing. Although doing your own research has its benefits, having a lawyer who is skilled in helping people in similar predicaments can help you avoid pitfalls. An attorney can also do most of the work, so you may have a better chance of success without using up as much time. For people who need to request a child support modification, a lawyer is also a preferable ally.

Getting child support is anything but easy. Knowing what you can and should do before even filing can make the process run smoother and faster.

 

Gaining a Better Understanding of Criminal Law

The Law

Lawyers are categorized based on the section of the law they practice and the responsibilities they undertake. A lawyer may focus on family law, criminal law, and other types of law.

Similarly, criminal law attorneys are also categorized according to the branch of criminal law they deal in. The various branches of criminal law seek different methods to define a crime. An experienced business attorney in Colorado shares more information about criminal law.

Objectives of criminal law

Criminal law is supposed to perform three duties. One is to define what the crime committed is. The second is to find the victim affected due to the crime committed and the final duty is to determine the accused or the perpetrator of the crime. To perform these duties, the criminal law is divided into two major sections.

Different sections of the criminal law

The first section of the criminal law deals with criminal procedures. This involves handling the court trials of the case. The procedure they follow will pave the way in which the investigation will take place. It also deals with the collection of evidence and facts. There are many criminal lawyers and business attorney firms in Colorado and other states.

The second section is the practical criminal law, which focuses on the specific crime and the suitable punishment. The criminal lawyer handling this section is called the defense attorney and is the legal representative of the individual/s accused of committing the crime. They begin their task only after the accused hires them. If the accused cannot afford a lawyer, then the court will appoint one to represent them.

After they are hired, these lawyers will meet their clients to gather details about the crime from the perspective of the client. If the client admits guilt, the lawyers will hand over their clients, but if they do not, the lawyers will aid their clients with the required legal support to get courtroom success.

Today, lawyers have updated websites so finding the right one is easier and affordable. Work with a reputable attorney to ensure a positive outcome for your case.

New York Divorce: What Is Marital Property and Separate Property?

Law

An angry couple not looking at the other, both of their arms crossed When a couple divorces in New York, their property would be divided equally. This typically results in equal or equitable division, but not always. Equitable division of property is one that’s fair for both parties, and would take into account the contributions of each spouse and what each would need moving forward.

Divorce lawyers in Suffolk County, New York discuss the differences between marital and separate property.

But What Property Would Be Equitably Divided?

The court would only divide marital property. Each party could keep their own separate property. Essentially, marital property includes property that one spouse or the couple obtained while they were married, regardless of whose name is on the title, but subject to certain exceptions.

Each party’s income while married, all property bought using that income during the marriage, and the retirement benefits earned by each party while married, as well as all applicable property’s appreciation during the marriage, are likewise counted as marital property.

So What’s Considered Separate Property?

Only separate property won’t be divided by the court during a divorce. Rather, each spouse could keep her or his own separate property, except to the degree that the other party contributed to the property’s appreciation or value increase. In general, the following are considered separate property:

  • Any property that either party bought or obtained prior to marriage, including gifts or inheritance, except if the property was a gift from the other party
  • Any property deemed as separate property in a legal and valid written contract, such as a prenuptial agreement
  • Damage awards for personal injuries
  • Property obtained from the appreciation or proceeds of a separate property, except if the appreciation could be partially attributed to the contributions or efforts of the other party

The Takeaway

Divorce could be one of the most challenging events in anyone’s life and division of property could be emotional and messy. In such cases, work with an experienced divorce attorney to make sure you get a fair agreement and obtain what’s rightfully yours.

Defending Against Child Support Cases: What You Should Know

The Law

Child Support in CaliforniaVery few men are ready to admit their true fears. What’s true, however, is there are only two words that can make almost any man weak in the knees: child support. The ‘weak in the knees’ statement rings true for many, at least in financial terms, as monthly child support payments can range from $300-$400 a month. The amount owed yearly can get even bigger, reaching over $6,000 at most, according to data from the U.S. Census Bureau.

Not all child support cases are levied with justice, still. Some custodial or non-custodial parents can still choose to refuse paying child support, provided that their case is duly vindicated. A number of factors constitute legal defense for such cases, which must be kept in mind at all times by involved parties.

The DNA Test Dilemma

DNA testing is almost always the go-to course of action when trying to legally avoid child support. Unfortunately, most family courts don’t stop with DNA test results, and a lot of parents end up paying for kids that aren’t theirs. SeidelLaw.com says it’s always a good idea to ask for a DNA test and potentially sue for restitution.

Identifying Advantageous Situations

Various circumstances can present the possibility of child support payment termination. For instance, payments can be ordered to stop if the child is no longer a minor. In California, payments can be terminated as soon as a child turns 18 years old. The limit can go up to 19 years old if the child is living with a parent and is still in high school full time. In this regard, payments are terminated when the child finishes high school or turns 19 — whichever comes first. Payments can also stop if the child marries, enlists for military service or dies.

Custodial Battles

In most child custody and support cases, men often face an unfair, uphill climb. The general rulings state that the parent who wins the custodial contest receives the support money. This is where the age-old “motherhood bias” comes to play. It’s not surprising to see court rulings on custody go in favor of the mother, assuming that the woman is the better choice when it comes to raising kids. Asking the other parent for financial help is another different hurdle alongside this long-standing bias.

A Few Critical Points to Consider

Child support payments cannot be levied without an official court order. If payments are being made informally without such an order, it’s much easier to stop child support. Wage garnishment also plays a factor — this is a situation wherein a parent’s employer automatically deducts child support payments from the paycheck and issues the money to a distribution agency.