legal

Common Errors You Should Avoid When Choosing Your Family Lawyer

Law

Presently, you find yourself in need of a family lawyer. While there are factors that you need to consider before choosing the right one, there are also definitive mistakes that can cost you your case.

Here are those erroneous actions that you would need to avoid to get the best attorney for your case:

Choosing Based on Rates – Though your budget can be a concern, using that as your primary basis for selection would be disastrous. For lawyers to be effective, they would have had a certain period of exposure and experience in the courtroom. Knowledge, after all, is half the battle.

Choosing Solely Because of Recommendation – It’s typical to ask friends and family for their choice of a family law firm in Albuquerque, NM, but there should be other factors to consider. Along with experience and knowledge, you should be comfortable with your chosen attorney. Set a meeting and ask all the necessary questions before you decide.

Choosing Without Checking Former Cases and Clients – The internet holds a huge amount of information and it’s wise to maximize it by researching on your final selection list. Check on feedback, history, and client lists. Most likely some of the information will be classified, but there are public records that you can get from your local government offices if your web search proves to be limited.

Choosing Without Confirming Fees – The contract you sign will most likely have fine print and it’s best to check these details before you affix your signature. What are the miscellaneous fees included? Are there any items that may add to your payments? What services are covered by the final price? Rule of thumb: sign only when you’re finally satisfied.

It’s always good to take the time when making major decisions. Choosing the right lawyer for your case is something you should take seriously. Be careful and thorough in your selection to increase your chances of winning your case.

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.

Divorce Issues: Could You Force Your Spouse to Leave Your Home?

The Law

Filing for divorce won’t guarantee that your spouse would leave the house. After all, no law states that your spouse should leave because you’re getting a divorce. Plus, the family home is technically still marital property because you’re not divorced yet.

However, you’ll be relieved to know that if your living situation becomes dangerous or unbearable, you have some options, according to The Burnham Law Firm, P.C. and other divorce lawyers in Denver.

Legal options to remove your spouse from the family home

Although the laws regarding removing spouses from the family home vary widely from one state to another, a majority of courts would be unwilling to do so unless there’s past, potential, or existing emotional or physical abuse involved. The same applies even if the family home is under the name of the spouse requesting the removal of his or her partner because courts prefer that the couple resolve this issue on their own or else wait for the divorce to be finalized.

Is there another way?

Getting the court to order your spouse’s removal from your home isn’t your only option. If your spouse is amenable, it might be easier for both of you to come to an agreement. This is simpler and faster than filing all sorts of papers and going to court dates. On the other hand, if both of you are having a difficult time communicating, consider getting a mediator to help you out.

It’s important to note that courts are wary of granting an order to remove a spouse unless the other spouse, the claimant, could prove the abuse. If you do manage to get a temporary order from the court because your spouse threatened to hurt you, this might not be sufficient to keep him or her out of the house for good. The reason for this is that many spouses do this just so they could kick out the other from the house.

If your request for permanent removal gets denied, your spouse would certainly come back, and you could be in a worse situation than you were before because of what you tried to do. If this happens, it’s better to leave the marital home until you get your divorce finalized.

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.

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.

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.

Beyond Law Firms: Sectors That Are in Great Need of Paralegal Services

The Law

Paralegal ServicesThe demand for paralegals these days is unheard of. The profession is booming, the salary is rising, and the career opportunities are spiraling. Gone are the days that you’d end up in a law office after you earn your certification, due to lack of other options. Modern legal assistants have the luxury to choose which route to take after school, simply because new paths are being built for paralegals to take.

Other than exploring the temporary employment market, there’s a long list of organizations and institutions that require the services of a certified legal assistant like you. After graduating from a national paralegal college, Legalstudies.com says the pastures may be greener in these sectors than in legal practices:

Real Estate

Most real estate firms have an in-house legal department, where you can play a crucial role in. The real estate transactions are legal in nature. You’d draft sales contracts, perform lien searches, check appraisal reports, prepare documents for closing, and many others.

Whether it’s an ordinary residential sale or a large-scale property development project, firms in the real estate industry can’t afford to leave such tasks to anyone without working knowledge of the law.

Healthcare

The need for specialized legal support in the medical field never goes away. Organizations belonging to the healthcare sector know that a single legal oversight can easily cost them millions of dollars, should certain cases escalate to litigation. Especially if you have some nursing background and other credentials, you’d be a huge asset to hospitals and insurance companies.

Private

The private sector in general has different legal matters to deal with. Corporate paralegals help manage a wide variety of tasks with close collaboration with the company’s other departments. Corporations need skilled paralegals that have in-depth knowledge in every law and regulation that may apply to incorporation, taxes, employment, and other aspects of a particular business.

The services of a paralegal are needed everywhere. While it may require you to finish a specialized degree, landing a job in any of these sectors are rewarding financially and professionally.