Category Archives: Law and Order

A Skilled Divorce Lawyer Improves the Financial Burden of Alimony

Divorce LawyerThe subject of alimony will almost always surface whenever the talk of divorce comes up. Divorce proceedings can be a painful experience for everyone involved. For the person paying alimony, it can be especially stressful because of the financial burden involved.

To ensure that you do not have to carry the financial burden of alimony for the rest of your life, hire a skilled divorce lawyer in Long Island. This way, you can get better terms for your alimony payments.

Here is what you should know about alimony:

The Wealthier Spouse Pays the Alimony

The prevailing knowledge is that men are always the ones who pay the alimony. This is incorrect, as the alimony law in the U.S. mandates that the spouse with the higher earning capacity pays.

According to HG.org, this is so both spouses maintain a standard of living similar to what they enjoyed during the marriage. With regards to the amount of alimony and its duration, the decision will be made in accordance with state laws.

Alimony Can be Agreed Upon

If both spouses come to an agreement about the amount of alimony and its duration, the court will not interfere. Should the spouses fail to reach an agreement,  the courts will be in charge of laying down the terms.

A skilled divorce attorney can help you convince the court as to why you should be the one receiving alimony. They will decide based on the financial situation of both parties.

Factors That Contribute to the Court’s Decision

The courts will consider issues like the length of marriage and the ability of a spouse to pay. They will likewise consider the length of time the supported spouse needs to reach economic self-sufficiency. The parent who has custody of the children is more likely to receive alimony payments.

Alimony, however, is not permanent — it can be terminated if the receiving spouse remarries or makes no effort to be self-sufficient.

Alimony is an intricate proceeding that will require the help of an experienced lawyer. Understand all the terms to avoid the financial burden of paying a spouse.

Insuring a Vacant House: Protecting Your Financial Interests

Insuring a Vacant Home in CaliforniaYou have a perfect home yet have no choice but to leave it. Whether leaving is temporary and you intend to come back, or you’re looking to sell the property in the future, you may want to review your homeowner’s insurance coverage and look at the fine print on your policy.

You will run into more problems and bigger risks the longer the house remains empty. This is because insurance companies usually offer very limited or no coverage for vacant homes. Now that you’ll be living there, it pays to have a second look. Here’s what you should look for.

Reducing Risks

What constitutes an empty house varies from one carrier to another. A common definition is that there are no owners or tenants who live there and almost all furnishings have been removed. Insurers limit the coverage of these types of homes because they pose the greatest risks of deteriorating or being vandalized.

Without regular maintenance and use, furnishings tend to depreciate beyond normal wear and tear. These types of homes may have very little – if any – protection from certain perils and damage, such as fire and smoke, as no one lives in the house to deter or report emergencies.

Vacant Home Insurance

You must check immediately with your insurer if it will continue to insure your vacant home. If your current policy gives very little to no protection at all, and you really need to leave or empty your home, it may be best to look for another or an additional property coverage.

Whether you need it for the short or long term, a vacant home insurance will protect your financial interests from many threats, including vandalism, theft, and fire. Make sure that your new policy protects you if a person has been injured on your vacant property.

If you intend to come back or sell the property, it’s important to keep the home fully insured and free of vacancy penalties to reduce the risks. Such risks may delay the sale by months and may result in bigger losses, such as break-ins, water damage, and so on. Given the dry weather and prevalence of wildfires in California, haffnerlawyers.com urges homeowners to purchase coverage for fire losses.

If you simply can’t avoid leaving your home, it’s best to keep it occupied at least, by a short-term tenant or caretaker, or have a friend care for the property or check on it from time to time. But if you really want to safeguard your finances, it’s best to look for carriers that specifically insure vacant or unoccupied homes.

Maybe It’s Misdemeanor: When To File Misdemeanor Charges in Utah

Misdemeanor Charges in UtahAlthough misdemeanors are not felonies, they are also not a minor offense that you can just brush aside. They could still leave a mark on your record or result in jail time and fines. For this reason, your misdemeanor attorney should be able to represent you competently and help you understand the details of your case, whether you’re the one filing the case or are being accused.

According to Utah law, misdemeanors have three classifications and are punishable by up to one year in county or local jail. Here are the different ways a person can file such charges.

Class A Misdemeanors

A class A misdemeanor is the most serious type of misdemeanor. Utah state court says that it is punishable by up to one year of jail time and a fine of up to $2,500. Some examples are:

  • Property theft with a value between $500 and $1,500;
  • Possession of between one ounce and one pound of marijuana;
  • Assault of a police officer;
  • Violation of a protective order;
  • DUI with injury; and
  • Negligent homicide.

Class B Misdemeanors

Class B Misdemeanors under Utah state laws are punishable by up to six months in jail and incur a fine of up to $1,000. Some examples are:

  • Possession of drug paraphernalia or at most one ounce of marijuana;
  • Reckless driving;
  • Arrest resistance;
  • Property theft of at most $500;
  • Public nuisance;
  • Trespassing; and
  • DUI.

Class C Misdemeanors

Utah law states that a conviction for a class misdemeanor may result in up to 90 days in jail and a fine of up to $750. Here are some examples of crimes that fall under the category:

  • Driving with a suspended license;
  • Driving without a valid license;
  • Public intoxication; and
  • Disorderly conduct.

This list of misdemeanors in Utah provides you with a viable starting point in filing charges or taking action against charges filed against you. Now, your next step is to get a good lawyer to protect your rights.

Cerebral Palsy as Medical Malpractice Explained

Cerebral palsyCerebral palsy is a non-progressive yet permanent condition that affects the posture, muscle tone, movement and even motor skills of an individual. In most cases, CP is developed while the child is still in the womb. However, there are also instances that a birth injury occurs out of one’s negligence, causing CP to develop.

Cerebral Palsy as Medical Malpractice

When the brain gets insufficient supply of oxygen for a long period, this causes a brain injury. Instances as long labor period and the umbilical cord getting coiled around the neck are common causes of CP development at birth. The longer the brain experiences oxygen deprivation, the more likely the development and severity of cerebral palsy.

About 10% of individuals with CP are the result of a medical malpractice. This is when the doctor or medical practitioner is aware of the problem but refuses or fails to do something to avoid it. At the same time, a medical practitioner who did not take action to reverse or stop cerebral palsy development may also be considered as negligence and a form of medical malpractice.

How CP Could Have Been Avoided

The effects of oxygen deprivation to the brain may be reversed through hyperbaric oxygen therapy. This process supplies large amounts of pure oxygen to the child while inside an enclosed chamber, allowing the brain to heal.

CP may also have been avoided if problems during pregnancy or birth have been diagnosed early and have been given proper and immediate attention.

What to Do if Medical Malpractice is to Blame

If you believe that your child suffers from CP because of neglect by the attending physician or other medical staff, then you should get a cerebral palsy attorney. However, you first need to gather as much information and evidence as possible to show that there indeed occurred a medical malpractice. Medical bills and records, and proof of therapies received must also be collected and kept. You should also check your state’s statute of limitations or the deadline for filing of claims.

To care for and provide for the needs of a child with CP is a lifetime responsibility. You should know your rights and receive fair compensation for the suffering, pain, emotional distress, and financial burden if caused by someone’s negligence.

What You Need to Know Before Becoming a Paralegal

Becoming a ParalegalIf you are passionate about the law but don’t want to enter a law school just yet, then one of the best professions for you is being a paralegal. Paralegals are law assistants who are also exposed to court proceedings and the ins and outs of law because they work directly with a lawyer. Here are some things you must know if you’re thinking of becoming one.

Educational Requirements

You don’t need to finish a degree or earn a license to becoming a paralegal, but it sure will help if you do. If you can’t study full time, there are reliable paralegal online schools that offer flexibility. There are various degrees and certifications that will give you an edge when applying to bigger law firms.

Challenges

Because there are no education requirements, some people get paralegal jobs straight out of high school. That’s why it can be quite challenging to adjust to the fast-paced and pressure-filled environment.

Misconceptions

There are many misconceptions about being a paralegal. Some people still think it is a licensed job, while some think they can actually practice law. You need to know more about a paralegal’s job description first before you decide to apply.

Salary Expectations

Salaries vary depending on the establishment or organization that hired you. Other factors include your experience, education, location, specialized skills, and connections. Some paralegals start with a salary on par with legal secretaries, while some tend to practice privately for a more flexible hourly rate.

Job Opportunities

One of the best benefits of being a paralegal is the wide range of job prospects they have. Aside from law firms, you can also find a job in banks, schools, hospitals, financial institutions, insurance companies, government offices, and more. These organizations will take you under their legal wing.

These are just some of the most important things you need to know about being a paralegal. Evaluate yourself and your career goals first before you decide to become a paralegal.

Ways to Improve Your Chances of Getting Full Custody of Your Kids

Child Custody Battle in ProvoFor married couples with children who are going through the process of divorce, the child custody battles are sometimes even more challenging and chaotic than the divorce itself. This is mostly the case because both parents are willing to spend money to win full custody over their children. Here are some child custody tips you must remember that can help you successfully get the custody terms you want.

Get Involved

Parents who are working full time may have fewer chances of getting child custody if their partner is responsible for taking care of their children most of the time. If you aren’t involved with raising your kids, then you must start now. Get involved in every aspect of your children’s lives. The more involved you are and the more you know about your kids’ lives, the more the judge will favor you in court.

Find a Great Lawyer

According to a lawyer from Buhler Thomas Law, P.C., you can read all the online articles you want about winning child custody, but nothing is better than having a skilled and credible child custody attorney in Provo by your side. While tips from the web are helpful, an experienced lawyer can help evaluate your specific situation to give you legal advice that matters. With a great attorney by your side, you can plan, strategize, and win the case together.

Be Good in Court

The impression you leave when inside a court plays a vital role in the final decision of the judge. That’s why you must always be presentable, say the right words, keep your calm and composure, and always show up on time. Just one wrong move can leave a bad impression that will create an issue. You don’t want that to ruin your chances of getting full custody of your kids.

Follow these tips to strengthen your case in court. This way, you can have custody of your children and be with them as they grow up.

Why Pursue a Career as a Paralegal?

Paralegal CareerAre you wondering what your career traction will be as a paralegal? You may think you have few options, but this career will open doors for you and even hone certain skills that enable you to move up. As paralegals, you will learn the ins and outs of the legal industry and may prepare you for a career as a lawyer, if you choose to follow that path.

Preparation for Law School

A paralegal certificate online gets you into the legal industry. You will work closely with lawyers, giving you the training and glimpse into what that type of job will be like. Handling and writing legal documents and instruments, speaking with clients and other things trains you for a potential career as a lawyer if you decide to go to law school.

The rigors of law school will tire you out, especially if you go straight out of college or university. By becoming a paralegal first, you get the training you need to become a successful lawyer.

Opportunity to Help

A paralegal is a multidimensional career; they get to do work in various industries that require a legal team such as medicine, insurance, corporate, sports and others. Paralegals will get to work with others and help them make a claim or protect a company from fraud.

Will Challenge You Intellectually

As a paralegal, you will gather facts and evidence, and find ways to interpret them. You will also have to be resourceful when it comes to gathering these. You need to use different sources to prove your claims and give an answer to your lawyer counterpart.

Contacts

Since you will be working with different lawyers and experts in their industries, you will acquire contacts that you may need in the future.

These are only a handful of reasons to choose a career as a paralegal. It may just be a stepping-stone or a permanent one.

What a Tangled Web: The Horrors of Hollywood’s Worst Divorces

Celebrity Divorces in Los Angeles

Celebrity Divorces in Los AngelesThey often have fairytale weddings—but the results are not always great. Some celebrity divorces just make you gasp—in horror—and you’ll find some of them here!

  1. Kim Basinger and Alec Baldwin

Cases like Kim and Alec’s really need the help of divorce attorneys in Los Angeles or anywhere else. You see, they used to be good together—until such time that Alec’s temper tantrums and Kim’s anxiety problems got the best of them. Who could ever forget Alec calling her daughter a “rude, thoughtless pig”? While they are all in good terms now, this one’s truly one for the books.

  1. Madonna and Sean Penn

Nicknamed the Poison Penns by the press, these two had a sweet beginning—but it all turned dark and literally deadly. Not wanting to let Madonna go, Penn held her hostage, tied her up, and beat her—while sexually assaulting her for 9 hours until Madonna found a way to escape. The two have managed to become friends decades later, but this incident will always be remembered by many.

  1. Heidi Klum and Seal

These two seemed to be on top of the world—with their beautiful kids, and those affluent wedding renewals. Then one day, the world was shocked when they announced their divorce. It’s said that it stemmed from Seal’s temper issues—and then he said it was because “Heidi was fornicating with the help”. Yikes! This started a downward spiral in their relationship—and nothing was ever the same.

  1. Liza Minelli and David Gest

She gave him what?! Well, according to David Gest, his ex-wife gave him herpes, but Liza said that it was Gest who gave her the disease, was poisoning her with drugs, and said he made her fear for her life. It was a classic case of he said, she said—only in the most bitter, brutal sense!

Divorces are never fun, but while some are done in peace, others are just completely nasty—and these are the best, or rather, worst examples!

No Rights: Denial of Child Visitation

Child Visitation

Child VisitationWhile the courts agree that both parents should have visitation rights, they can deny visitation if the child might be in danger. This usually happens if the non-custodial parent, for instance, is likely to abuse, molest, or kidnap the child. Denial of visitation is also possible if the parent is likely to use illegal drugs while taking care of the kid.

Court Approval

Denying the other parent rights to visitation without the court’s approval is illegal and can result in legal consequences. If there is no order denying visitation, the parent who denies visitation might lose their legal rights or even custody of the child. Family law attorneys in Denver, CO note that if one parent thinks that the other parent doesn’t deserve visitation, they need to go to the court and ask for a modification.

Lose the Rights

Non-custodial parents may lose the visitation rights they had before if they don’t pay child support, abuse alcohol and drugs, molest the child, or if the child wishes to not be with the parent. If the custodial parent thinks that other parent might expose the child to emotional harm or bodily injury, they can notify appropriate authorities to deny visitation.

Restricted Visitation

If the parent with primary custody doesn’t want the other party to be in contact with the child, they need to get the original custody order changed. For restricted visitation, the court may only allow this under supervision. This has specific conditions, which also includes the role of the supervisor. A batter prevention program is necessary to allow unsupervised visitation later on.

Suspended Visitation

Repeated violations of visitation order can lead to suspension of visitation. This may also happen if the parent made threats to fly or go away with the child or if the child is extremely distressed because of visitation. The court may only approve denial, suspension, or restriction of visitation if it is in the best interest of the child.

For those who wish to modify visitation order or protect their child from the other parent, it is best to hire a family lawyer. This will help you know more about the child custody and visitation law and help protect your rights.

What Makes an Asset Protection Plan Ironclad?

Asset Protection PlanAnyone who owns something, irrespective of the amount of wealth, should seriously consider asset protection. If you count on solely on bankruptcy, you may discover that this process hardly protects most of the assets you wish to safeguard, especially with the new provisions in the bankruptcy code. If you rely just on your liability insurance, you might still lose everything you have with your policy’s inconvenient limitations.

Unless you want to gamble and pray that the fruits of your labor would never be at risk in a lawsuit, you ought to use effective asset protection tools to keep your pocket shallow for any creditor to reach. But it shouldn’t just be any plan; it must have the right set of qualities to ensure it wouldn’t backfire on you down the road.

Any expert in asset protection in Salt Lake City, Milwaukee or any American city knows these characteristics are non-negotiable:

Simple

If you can’t wrap your head around your asset protection structure, it would most likely go to work against you. Simplicity is the key because, if questioned, you must be capable of clearly explaining the transfers to the authority. If it’s too complicated, then the higher the chances it may be considered fraud by the judges.

Transparent

A good asset protection plan only denies access to creditors, but never hides anything. Any practice of concealment may be deemed fraudulent. Besides, the truth would come up one way or another, so there’s no good reason to embrace secrecy. In essence, not making a truth disclosure about your assets and transfers create more problems than solutions.

Supplementary

Any asset protection strategy is no silver bullet to all collection threats. All tools have limitations and drawbacks as well, which is why you should never forget about your liability insurance and estate planning. If you keep the two in mind, you have a better chance to protect your assets 100% while possibly eliminating all of its repercussions.

It’s impossible to plan an ironclad asset protection strategy without an experienced attorney. Hire a lawyer that specializes in this field to help you weave through this often tricky process.