Law Blog!

Nobody goes into a marriage looking at the reality of divorce a few years down the road, but it happens with many marriages these days. The first thing you need to do is make sure that both you and your spouse have agreed that divorce is your best option. In some states, divorce law mandates that both of you attend marital counseling sessions before divorce proceedings can start, so be aware of the requirements in your state.

If both you and your spouse agree that divorce is your best option, and that marital counseling is just going to delay the inevitable, then you may be a candidate for what is known as an uncontested divorce. Are any and virtually all assets that you jointly own able to be easily divided, where you and your spouse can mutually agree on how to divide them? If so, then an uncontested divorce might be your easiest option and your most cost effective option.

But one of the things that you must make sure you fully understand is the divorce is final. It is not like a trial separation where a couple separates for awhile to understand how life works for them without the other one around. Sure, you can change your mind before the proceedings are finalized, but that is going to cost you even more money, not to mention the personal time you will have used to get to this point.

The other thing you need to fully understand is exactly what is meant by the term uncontested divorce. Generally speaking, it means that both parties agree that a divorce is their best option and nothing will be argued about, either in terms of the divorce itself or in the division of assets. Typically, a couple who is doing an uncontested divorce may have already split their assets and may not even be living together, so the divorce for them is almost just a formality.

Should you do it yourself or consult with a divorce lawyer? A lot of the answer to that question is how far you trust your spouse. If it is truly uncontested and you are 100% confident that no skeletons will jump out of the closet during the proceedings, then you can probably do it yourself and save some money. But if you do not have that level of confidence, even though on the surface it would seem that the divorce would be uncontested, you may want to protect yourself by consulting with a divorce lawyer first.

A good divorce lawyer may be just a consultation or two, where the lawyer lets you know what your rights are and what you can expect. If you truly expect the divorce NOT to be uncontested, you may want to consider actually hiring the lawyer to be with you every step of the way. While the latter option is of course going to cost you more, consider how much more it may cost you if your spouse pulls a rabbit out of the hat during the proceedings, where you are not prepared for something which is going to definitely turn out to NOT be an uncontested divorce. This is a judgment call on your part, but especially in financial terms, it may be better to err on the side of caution to ensure that you do not get hosed in the process.

If you do use a lawyer, do your research carefully. Make sure that the lawyer you choose is familiar with divorce law in your state, and has experience with what was expected to be an uncontested divorce and actually turns into something else. Every situation is different, so be cautious of divorce lawyers who suggest a cookie-cutter approach.

Since you are considering divorce, things have not been good up to this point. Make sure that you do everything you can to make your divorce go smoothly and allow yourself to restart your life on the right foot.

What charecteristics should I look for in a good paralegal? I’m filing chapter 7 and I need a good paralegal.
I live in the Los Angeles area. Does anyone out there know of a good paralegal specializing in bankruptcies who could help me out? I’m not sure why you would want a paralegal. A paralegal is technically an attorney’s.

What decisions must an in-house attorney make after their company is sued, but before a trial team is hired?
I want to know as much as possible about initial lawsuit decision making within corporations. What are the basic obligations of an in-house corporate ligation attorney? How do they assess the risks associated with a given lawsuit prior to discovery?.

What do you do when a lawyer dumps you for questioning the bill?
My divorce was final Sept last year. The bill came in the mail. Next came a letter from the state attorney general stating the division of property order was rejected because my lawyer used the wrong form. I sent a letter objecting to the invoice to.

What does ‘pursuant to’ mean?
In reference to a paragraph in a contract written by an attorney addressing how real estate commissions were to be paid, the attorney said the commission shall be paid by the Seller on the first $13,250,000.00 of the Purchase Price pursuant to a separate agreement with the Seller. ??djective 1. proceeding after; following (usually.

What does the grant letter of administration means?
Its what my attorney wants from me,its something to do with my uncle’s will,he passed away and in order for me to get his will,his attorney needs some documents from me and so he told me that i need to get a grant letter of administration or something about The Administration.

What happens at a disposition hearing in a criminal case?
you mean deposition? This is when either the prosecutor or defense attorney asks a witness or the person charged questions about what happened. Everything said is on record and is used as evidence in the case. – Dispostion is usually used in civil matters/child protection courts. This is.

What happens if your ill parent will not sign the Power of Attorney form?
Unfortunately, my mum is showing strong signs of dementia. In order to provide for her future, we were hoping that she would sign the enduring power of attorney form. As she lives on her own, we are worried that she will find it difficult to.

What happens when someone refuses to comply with a subpoena?
What are the normal consequences? (.if there are any) If the subpoena is signed by an attorney only, a motion will be made for an order to compel. You will be ordered to comply with the subpoena and likely to pay the costs of making the motion as well..

What if someone shoots at a burglar in their house, but the bullet goes thru the wall and kills the neighbor?
Are they liable? Not to sound like an attorney, but the answer does depend on the intent and motives of the shooter. In most states, a homeowner has a duty to retreat even before he can use deadly.

What if the harasser is an attorney in a law firm?
my daughter works in a law firm and get harrassed everyday by this one attorney.yesterday he held a file in his hands while insisting that something was missing out of it but refused to let her see the file to review before she could answer him. he just.

What is a binding arbitration?
My daughter was in a car accident almost 2 years ago, she was a passenger in her friends car. The person who hit them was found at fault however for him it was a fatal accident. My daughter just received a letter from her attorney advising the man’s insurance co. would like to hold.

What is a medical agent? and what are legal aspects of appointing a medical agent?
To make medical decisions and sign consent forms when you cannot do so for yourself. A ‘medical power of attorney’ if you will. The person that acts on your behalf – your husband, children, siblings – should not be a professional who is.

What is a Power of Attorney?
A power of attorney is a document that evidences the creation of a relationship between two people who are designated as the ‘principal’ and the ‘agent’. The principal designates the agent in the document, and the agent is authorized to act on the principal’s behalf–to stand in the shoes of the principal–for.

What is an executor of an estate?
While an executor is responsible for ensuring the clauses in the decedent’s will are carried out, they are also responsible for ensuring that the estate is properly handled and settled with respect to taxes and required filings. Generally, an executor will hire an attorney to assist him or her (referred to.

What is Power of Attorney?
we live in tennessee and my girlfriend and i are in a same sex relationship. we are raising a child together who is one month old now. what rights if any would i have regarding the child if she was to give me general power of attorney? the bioloigical father of the child has.

What is the average hourly fee for an attorney in Los Angeles?
Is $520/hr high for a wrongful termination case? Where can I find this information online? It doesn’t matter where you are $520 is way high. Senior VP for a major company charged with securities fraud well that would be about right. A divorce with say 50 million.

What is the difference between a general power of attorney and special power of attorney?
A general power of attorney means you can pretty much sign for the other person for anything. A specific power of attorney limits that power to specific issues, such as for a real-estate purchase or medical decisions. – A general power attorney gives.

What is the difference between a lawyer and an attorney?
There is no difference. Some people just prefer one name over the other. – No difference: regardless of what you call them, they’re cretins that contribute nothing worthwhile to our society. -RKO- 04/17/07 – Those are just two names for the same thing. – Well they are the.

What is the difference between ethics and morals?
Ethics are connected to a set of legal principals. Whereas morals are tied to social laws and concepts. Example: An attorney can be sanctioned for ethical lapses. A person with a morals does not behave in such a manner. – Ethics is near London, dont know where Morals is. -.

What is the Miranda admonishment?
The Miranda warning includes the following rights: 1. The right to remain silent; (anything the suspect says can be used against him/her; 2. The right to an attorney and to have the attorney present during questioning; 3. The right to appointed counsel if cannot afford an attorney; and 4. With that understanding of.

What is the most effective way to get an attorney to represent a plaintiff ‘pro bono’?
i am not trying to be flippant to your answer, since i hear this question so many times over. pro bono work is available in death penalty cases and some high profile civil rights violations. so to answer your question, there simply.

What is the procedure of defensive asylum in sixth circuit?
after taken fingerprints what next? http://www.usdoj.gov/eoir/efoia/newudms/.attorney http://www.berdklauss.com/?page_id=14. – Do NOT go to court without an attorney!! Your chance of receiving asylum without an attorney is about 1 in 40. Send me an email: mtp@mail.utexas.edu . I am a law student and have represented.

What is the proper procedure in securing an attorney for slaunder issues?
names and contact numbers for reference We can’t answer this unless we know where you are. In my state, you can call the state bar office for referrals. – Slander is a hard thing to prove in court. Make sure you have your proof before you start..

What is the statute of limitations for a felony in utah?
Depends on the felony. Why? What did you do? – Yeah.Why? What are you planning to do? – http://www.justice.state.ut.us/.attorney – This is a question that is best put before an attorney. I would suggest contacting a criminal attorney in your area and asking him/her..

What is the web site i can print free legal forms?
i need to print a child support contempt form http://www.legalzoom.com/attorney Reviews of ‘e-lawyering’ sites: http://online-legal-forms-review.toptenr. – there is no such site. you can preview forms for free, but all cost money. have your attorney do the form to ensure it is filled.

What kind of a lawsuit can a person bring against the DA or The court for an injustice case?
Charging someone for a crime under penal code P.C. 290 because the district attorney mentioned ‘Well he thought of it’ What kind of a lawsuit can this person bring up against the district attorney’s office, and also against that court.

What kind of lawyer do I need to evict a tenant?
I need to hire a lawyer to evict a tenant for non payemnt of rent. What kind of lawyer do I need? Do I need a real estate lawyer? what’s the average fee to process the case? Thanks There is a specialized attorney that specializes in this type.

What must be included in an opening statement for a trial?
I have to write an opening statement for a mock trial. I was wondering what I have to include in it. What are the general requirements for all opening statements? I’m a defense attorney. 1. Opening short statement of case theme. (‘This is a case about ____________ (greed,.

What should i do? while having my tubes untied the nurse stuck herself and bled inside me. can i sue?
they tested us both for diseases during my surgery but what if something shows up later? How do you know this? Did the nurse admit it? Sounds to me like you need to talk to a LOCAL malpractice attorney.

What type of attorney do I need to file a discrimination lawsuit against a reputable food restaurant?
Upon waiting for my order at a well known fast food restaurant, an employee referred to me a racist word in spanish not knowing I spoke and understood the language. I was devastated to know that he was a manager and used.

What type of lawyer should I seek if I want to dispute charges from my previous landlord?
My previous landlord is trying to collect on ‘property damages’ that are exceedingly outrageous. What type of attorney should I seek in order to challenge these charges? Dear Friend, I can understand your problem. I will suggest you to take help from.

More Attorney questions please visit : LawFreeFAQ.com

No one wants to face the prospect of finding a DUI attorney. But unfortunately, many people find themselves in the position of driving while intoxicated. The legal limit for blood-alcohol content is .08% or higher. Many people may find their blood-alcohol content at that level with just a couple of drinks. A simple mistake such as driving home after a few drinks could result in a DUI charge.

If you’ve been stopped for a DUI, you need to find the services of a DUI attorney. But how do select an attorney to defend you on DUI charges? Here are some questions to ask PA DUI lawyers:

1. How much experience do you have defending DUI and DWI charges? There are many great criminal attorneys, and many have experience defending clients on a specific aspect of the law. Attorneys that have experience defending DUI or DWI charges have the resources and knowledge to challenge the arrest process, testing equipment and process, or experience negotiating with the prosecution.
2. What is his or her track record on DUI cases? How many cases has the firm successfully defended, what’s the win/loss ratio? This is an important factor to consider when selecting an attorney.
3. What are the DUI attorney fees in PA? Some people feel awkward about asking prices for an attorney, but you need to understand the charges up front. When you evaluate the DUI attorneys in PA also consider the cost of DUI charge – what will you pay for fines, loss of work, jail time, etc?
4. What recommendations does the attorney have for alcohol treatment? Good attorneys should be able to provide you with information about the various forms of alcohol counseling. Even if you don’t believe that you have a problem with alcohol, it’s very possible that you will have to seek treatment. It’s important to get this information before you face prosecution.

You shouldn’t hesitate having questions to ask a PA DUI lawyer. You need to find out information about the qualifications as well as establish whether you can establish a good working relationship.  You’ll find that DUI law offices in Edinboro are receptive to answering questions you may have about the DUI court procedures. When you have the most information, you can actively participate in your defense. Hopefully, you can turn a one-time mistake into just another phase of your life.

Bankruptcy is often seen as the last resort in solving any debt issues, but I do not subscribe to this. In a related article I will take you through the pros and cons of bankruptcy, and the myths of an IVA which is often touted as the debt solution to take. Please read these and it will become apparent that bankruptcy has been and remains a far more utilised debt solution than the IVA.

The consequences of becoming bankrupt may mean you lose your house, it could prevent you from pursuing certain careers and, for example, prevent you from becoming a company director for the period of time that you are bankrupt.  Having said that, the severity and stigma of bankruptcy has lessened over time and it is now far more acceptable than it used to be. This year some 80,000 individuals will become bankrupt.

Bankruptcy can be a daunting experience. There are however companies such as mine that specialise in taking customers through the bankruptcy process, even attending court with you if necessary. Faced with a statement of affairs of 35 pages which needs to be completed in triplicate can be an unnerving proposition. Advice from an expert as to whether bankruptcy is the right route, and then someone to fill in the forms and help you file them at court and then attend with you is something to be considered, especially when I can help you keep your house and your income.

How do I know if I need to pursue the bankruptcy option?

The easy way to find out is to call an expert debt advisor.  They will, very quickly, get to understand your current financial position and advise the best way to solve your situation. The conversation is completely confidential, free of charge and without obligation. You should choose someone who is not allied to either a Debt management company or an IVA firm such as me I will give impartial advice not the solution which makes me the most commission.

What is bankruptcy?

Bankruptcy means that all your debts (subject to a very few minor exceptions) are written off on the instant you are made bankrupt. If you have disposable income you may be required to pay this to the Official Receiver for a maximum of three years. However part of what I do is to configure your disposable income to reduce as much as possible the potential of having to make income payments. You will generally be discharged from bankruptcy in a year or less. If you have equity in your property or valuable assets you may have to release these to the Official Receiver. Although in the vast majority of cases I have seen this year, with very little if any equity in property, homes can be transferred from the Official Receiver back to the bankrupt or his or her spouse for his fees, of about £400.

If you have ever considered bankruptcy as a way to get out of a debt problem you can do no better than call me today. Below are the details of the local county court.

Canterbury Combined Court Centre

Canterbury Combined Court
The Law Courts
Chaucer Road
Canterbury Kent
CT1 1ZA

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01227 819200