Law Blog!

Whether you want to prosecute or defend yourself, finding a criminal attorney in LA can be a daunting task especially if you don’t have or know someone having, links with an attorney. Most people find attorneys with references or suggestions from others. An attorney that clicked for others might or might not be the one to defend or prosecute on your behalf.
In any case you can be your own best judge when it comes to finding a criminal attorney in L.A. A few simple points can help you decide whether the attorney you want to hire is the right one.
An attorney could be a part of a criminal law firm or have his or her own solo practice. This has its own pros and cons. A law firm can give you a choice of attorneys to handle your case that can make finding a criminal attorney in LA easier. On the other hand an attorney having his own practice could strike the right chord with you from the very beginning.
Irrespective of whether you find a criminal attorney in a firm or working as an individual, you should be at ease and feel at home when discussing the case with him or her. Your attorney should inspire and lift your spirit whether you are defending yourself or prosecuting.
What does it take to find a good criminal attorney?
For finding a criminal attorney in L.A., make sure that you don’t go just by the cost of hiring an attorney but also consider his or her reputation. Give equal importance to good experience and cost before hiring an attorney. An attorney with less experience and high fees could be as bad as the one charging very low fees and paying less attention to your case.
An attorney who has experience, listens to your case, gives you ample time, has adequate staff to cover your needs regarding the case and more importantly discusses his own business as a criminal attorney instead of trying to demean a competitor, can be the right choice.
Some of the areas covered by criminal attorneys include Domestic Violence, Drunk Driving, Juvenile Crimes, Possession of Drugs, Assault and Battery, Burglary, Robbery, Fraud, Sex Crimes, Grand Theft, Terrorist Threats, Illegal Firearm Possession, Capital Offenses and White Collar Crimes.
Make sure that your attorney has a good investigative team to cover and analyze every aspect of your case. Finding a good criminal attorney in L.A. can make the difference between getting charges framed and proved, for or against you. Take your time discussing your case with an attorney till you reach your comfort level and feel confident, before hiring one.

The family law system used to refer to the laws, procedures and rules governing family matters as well as the authorities, agencies and groups which participate in or influence the outcome of private disputes or social decisions involving family law. Such a view of family law may be regarded as assisting the understanding of the context in which the law works and to indicate the policy areas where improvements can be made.The UK is made up of three jurisdictions: Scotland, Northern Ireland, and England and Wales. Each has quite different systems of family law and courts. Family law encompasses divorce, adoption, wardship, child abduction and parental responsibility. It can either be public law or private law. Family law cases are heard in both County Courts and Family Proceedings Courts (Magistrates Court), both of which operate under codes of Family. There is also a specialist division of the High Court of Justice, the Family Division which hears family law cases.

A divorce in England and Wales is only possible for marriages of more than one year and when the marriage has irretrievably broken down. Whilst it is possible to defend a divorce, the vast majority proceed on an undefended basis. A decree of divorce is initially granted ‘nisi’, i.e. (unless cause is later shown), before it is made ‘absolute’. Relevant laws are:

Matrimonial Causes Act 1973, which sets out the basis for divorce (part i) and how the courts deal with financial issues, known as ancillary relief (part ii)

Cruelty has been made irrelevant. See Gollins v Gollins 1964 A.C. 644

Family Law Act 1996

Children Act 1989

Family Proceedings Courts (Matrimonial Proceedings etc.) Rules 1991

Marriage Act 1949

Marriage Act 1994

Gender Recognition Act 2004

Here is a rough outline of the undefended divorce procedure from start to finish:

1.     Filing of Divorce Petition & if necessary Statement of Arrangements for the Children

2.     Documents issued by Court and posted to the Respondent

3.     Respondent returns Acknowledgement of Service to the Court (if he/she does not you will need to consider Bailiff Service, Deemed Service or other options)

4.     Petitioner completes Affidaviti in Support of Petition and Request for directions

5.     A Judge will then consider all the divorce papers and if he/she is satisfied issue a Certificate of Entitlement to a Decree and Section 41 Certificate (confirming he/she is content with arrangements for any children)

6.     Decree Nisi is granted

7.     Six weeks later the application can be made by the Petitioner for the Decree Absolute.

From beginning to end, if everything goes smoothly and Court permitting, it takes around 6 months.

If there are any outstanding financial issues between the parties, most solicitors would advise resolving these by way of a ‘Clean Break’ Court order prior to obtaining the Decree Absolute.

There is only one ‘ground’ for divorce under English law. That is that the marriage has irretrievably broken down.

There are however five ‘facts’ that may constitute this ground. They are:

1.     Adultery

§                    Often now considered the ‘nice’ divorce.

§                    respondents admitting to adultery will not be penalised financially or otherwise.

2.     Unreasonable behaviour

§                    The petition must contain a series of allegations against the respondent that the Judge considers serious enough that the petitioner cannot be expected to live with the respondent.

3.     Two years separation by consent

§                    both parties must consent

§                    the parties must have lived separate lives for at least two years prior to the presentation of the petition

§                    this can occur if the parties live in the same household, but the petitioner would need to make clear in the petition such matters as they ate separately, etc.

4.     Two years desertion

5.     Five years separation

At Hayat & Co. We understand how distressing and difficult a Divorce can be and we are here for legal advice divorce, family law advice. We deal with your case with sensitivity, confidentiality and understanding. R

Divorce is a complex area of the law, and one that varies depending on the jurisdiction in which the case is being hears, which is usually the jurisdiction of domicile for the defender or defendant in the given action. Whilst no two sets of divorce laws are identical across jurisdictional borders, most abide by certain general principles and overarching rules that should be considered when embarking on pre-divorce haggling and the court process itself, wherever you live, to avoid any dissatisfactory outcome or to prevent disappointment following the court order when it is finally granted at the end of the case.

Grounds For Divorce

Most jurisdictions require that before a divorce can be sanctioned, there be a reason for the divorce that is both legally valid and accepted. Common grounds for divorce include adultery, the commission of a crime against the other spouse, or more commonly some general provision about the unworkability of the marriage, whether as a result of a gradual deterioration in personal relationships or simply as a result of a significant row or fight. Of course where this is disputed the court will look into the matter and rule accordingly, although most jurisdictions do now have some form of general, uncontestable provision like a simple ‘breakdown of marriage’ clause.

Length Of Marriage

In most instances there will be a minimum default length of time marriages must run for before a divorce can be sanctioned. Whilst in certain occasions there are no minimums, most jurisdictions impose a two year rule, or a five year rule, by which the court must abide in granting any decree of separation. This is designed to protect the sanctity of marriage to at least a certain degree and to ensure that people do understand prior to getting married that there is a legal tie-in period, on public policy grounds. However this area of divorce law in particular is rapidly changing, and may ultimately find itself out of favour worldwide.

Fairness

In terms of any settlement there is usually an overriding principle of fairness adopted by the courts in working out who gets what. Of course there may very well be strict legal rules as to what is decided but, particularly in common law systems, there is an overall consideration of what is fair on both parties and what is just or equitable given the circumstances of the split. Obviously as an area of personal life, the courts will look to attempt to gain the best possible ground for both parties, even where one party is staunchly opposed to the other gaining any ground whatsoever. For this reason it’s probably best to save everyone the hassle and agree on something that is objectively fair from the outset.

Division Of Property

Of course, one of the major issues arising from divorce is that of division of property. Whilst it is different in each jurisdiction, the higher earner or higher net wealth spouse can expect to lose out overall to the other spouse, provided there have been no pre nuptial agreements drafted to the contrary. As a result, it’s again probably best to go for an out of court solution if you think this may end up affecting your financial health.