Every relationship begins with a feeling of love and affection. But there can be some unfortunate situations where your life becomes a maelstrom. The marriage that you thought would give love and happiness will end up a lacuna. You experience a mlange of emotions when a necessity to proclaim a divorce arises. What you need the foremost in a situation like that are good lawyers who can understand your emotions, the emotional and financial stress that you are undergoing and help you accordingly. Moreover, the lawyer should be someone who can explicate things in a proper way for you to understand as the divorce process is going to be rigorous and time consuming. Since it is an intricate issue that is subject to too many complications and lots of mutual disagreement, it is indispensable to be circumspect. So it becomes a necessity to know how to choose a good divorce lawyer.
Qualities of a Good Lawyer
The lawyer you are looking for, in short, should be a legal eagle. After all, you entrust your future in the hands of the lawyer. An effectual lawyer is the one who will
Assist you in the proceedings of the court and the case
Provide courtly response for the questions that you pose
Help you understand the positive and negative aspects of the case
Assist you in concentrating on the important part of the divorce, keeping in mind the emotional problems. Precautions to Be Taken
You can carry on one of these procedures before you choose the right person to represent you in court.
Talk to friends or people who have already undergone the legal proceedings of a divorce.
Do comparative study by talking to more than one lawyer and check out how they differ and what is beneficial to you.
Think twice if you are comfortable talking to the lawyer about your marriage life.
Observe their opinion about arguing for child custody, if you have a child.
Talk to the lawyers personally and not through phone as this can give you an idea about how honest the lawyer is.
Do not let the desire of getting a divorce soon and breaking up from the marriage affect your analysis about the lawyer.
Check if the lawyer will effectively take care of the settlements, the alimony or the palimony. Clarifications to be Carried Out
Once a lawyer has satisfied all these criteria there are a series of questions that you should ask them to make sure you have chosen the right one. Some of them being,
For how long has the person been pursuing law as a career.
The lawyers area of expertise.
The trail experience that the lawyer possesses.
How has the lawyer handled cases that were similar to your case.
To what extent the lawyer has knowledge about the settlement and parental alienation.
The process of filing and getting a divorce in the city of your residence.
The apparent issues and obstacles in the case.
Duration of the process and the process that s/he would recommend.
Amount you are going to pay them.
The schedule of payment.Play Your Part Honestly
Before marriage, couples often shy away from discussions of money, and their reluctance is understandable: Finance and romance seem mutually exclusive.
In fact, however, bringing financial issues into the open can be healthy, and it can be done without a full-scale return to the days of arranged marriages and fiercely negotiated dowries. Today, a couple can enter into a prenuptial agreement before the wedding, and that agreement will govern a wide range of financial matters in the future.
What can you put into a Prenuptial Agreement?
A prenuptial agreement can cover a wide range of financial matters both during and after the marriage.
You can use a prenuptial agreement to specify whether some property individually obtained during the marriage will remain the property of one spouse and will not be treated as community property.
You can keep property, including property that might later be acquired by inheritance, in one spouses family.
You can limit one spouses liability for the debts of the other spouse.
You can define your respective financial responsibilities during the marriage, separating responsibility for household expenses, specifying how bank and credit accounts will be handled, and determining how taxes will be filed.
You can make provision for a spouses children from a previous marriage.
You can decide how property will be divided in the event of divorce and, in some jurisdictions, whether alimony will be part of the divorce settlement.
The precise answer to the question “What can you put into a prenup?” varies from state to state, but its fair to say that almost anything that is otherwise legal can be included, except for an agreement that defines the terms of support for the couples children.
How do you get a prenup?
The hallmarks of a valid, enforceable prenuptial agreement are disclosure and fairness. Unless both parties disclose all relevant details of their finances, the agreement is readily challenged, and it makes good sense to provide that information well in advance of the wedding day. The party receiving that information should have enough time to understand its implications. When information is provided at the last minute, a prenuptial agreement lawyer can argue that it was tantamount to receiving no information at all.
Demonstrating the requisite degree of fairness does not necessarily require that the agreement be fair by some particular standard. It does, however, necessitate the involvement of legal counsel. Each spouse must be provided with his or her own prenuptial agreement lawyer, someone with undivided loyalty to the individual, not to the parties as a couple.
The question “How do you get a prenup?” is only part of the ultimate question. In order to arrive at a prenuptial agreement that works, one that is valid and enforceable, both parties must put their cards on the table and each must have separate legal representation.
Clients mostly persuade their patent attorney to sign a non disclosure agreement. Patent attorney appointed for the purpose of patenting is not required to sign the non disclosure agreement on request of the inventor. But various lawyers obtain money from the inventors in order to sign a non disclosure agreement (NDA). This practice is followed so that the inventor questions about the procedure of the invention patenting from the patent attorney. These types of agreements are beneficial to the inventors however the patent attorney acts as a signing authority and has to pay for this process. Therefore, considering the ethical rights this practice has been excluded. If the non disclosure agreement (NDA) is being decided and signed in any case, it is advised for both the patent attorney and the inventor to consult a counsel for the same. This is a little unusual as the patent attorney who represents his/her client has to further consult his/her attorney in order to get advised whether to sign the non-disclosure agreement or not. This is why such an option is not considered by various inventors and patent attorneys who work for patenting the innovation.
Until and unless the idea and information regarding the innovation are discussed with the patent attorney by the inventor, the non disclosure agreement (NDA) cannot be signed as the patent attorney is liable to provide confidentiality to the information given by the inventor. A patent attorney has to abide by various federal rules which are imposed so that the information of the inventor or the client is always kept confidential. In such scenarios an inventor gets confused as in how to get a non disclosure agreement (NDA) signed without disclosing his/her original idea to the lawyer. What best could be done here is that inventor gets the non disclosure agreement (NDA) drafted by a lawyer first and then submit it to the patent attorney for signature and then get started with the client-attorney involvement.
But, this could prove difficult as a lot of money from the inventors end would be spent. There shouldn’t be any discrepancy of interests of the current or past clients while the patent attorney represents the current inventor. This can also create some issues for the patent attorney until the patent attorney is well versed with the client needs and requirements. Disclosing fundamental information pertaining to the invention with the patent attorney which might not necessarily include all the information about the invention can ensure inventors about the faster and successful patenting process and signing of the non disclosure agreement (NDA). However, for some patent attorneys such basic information could not be sufficient enough.
Therefore, clients and inventors do trust some patent attorneys and reply upon them in such scenarios as they would not use the innovative idea for illegal and unlawful use as the patent attorney is not into such competition as is the client himself.
In virtually every legal situation, attorneys use depositions to record witness interviews prior towards the case currently being attempted inside a court of law. The knowledge provided from the witness inside a deposition can be utilized as proof by an attorney in the time of a trial and current his side with the case.
Basically, depositions support lawyers to create a tactic to be able to strengthen their circumstance inside a court of law. This is in which video deposition providers come into play.
The effectiveness of a video deposition is dependent upon the court reporter’s potential also as the witness’s habits. It’s very prevalent for witnesses to be uneasy for the duration of a deposition and therefore it is the capability with the court reporter to interpret the numerous aspects from the witness that contain emotions, conduct as well as the body language which goes a long way in defining the effectiveness of the video clip deposition.
A prime quality video deposition can assist a lawyer construct his circumstance very properly since the deposition is definitely an official statement that can be used in the court like a reference in the course of a trial. Though access to written transcriptions just isn’t obtainable immediately they could be created accessible if the court is of your opinion that a witness is attempting to alter the authentic testimony.
In some circumstances the witness might not be shifting the testimony but may be displaying a different attitude. A lawyer might use the video deposition to highlight this difference to the court and strengthen their circumstance.
A video clip deposition is ideal for making comparisons in a very court of law. It really is for this purpose that far more and more firms are opting for video clip depositions because it brings in further accountability.
Nevertheless, a video deposition should be done in a professional manner so that you can sustain premium quality requirements. If a video clip deposition is shabbily handled, it might possess a really adverse impact on the circumstance by itself. Hence, a good deal of care desires to taken at the time of a video deposition.
It is very critical that there are skilled camera individuals in location to be able to help the court reporter from the deposition method and be sure that the video good quality of the deposition is of the highest standards.
Lastly, there are very some video clip deposition companies who can offer video clip conferencing amenities in order that as a lawyer it is possible to conduct depositions, witness interviews or another relevant solutions without actually getting to depart your metropolis. The most beneficial point is it aids your clients to conserve on charges and concurrently conduct a video deposition anyplace in the world.
If you or someone in your family has been injured in an auto accident, you may have asked yourself, “Do I need a lawyer?” Mashney Law Offices attorneys stand ready to represent you.
It is a common and often costly mistake to assume that because you have insurance coverage you will not need or benefit from legal advice from a lawyer experienced in personal injury.
Insurance companies know that few auto accident victims are familiar with auto accident law, proper auto accident injury care, or the details of their own insurance coverage.
The majority of insurance companies have a list of doctors with whom they work. These defense doctors have an interest in maintaining a lucrative working relationship with the insurance company, an interest that may not align with an accident victims best interests, care, and legal rights.
In such situations, some defense doctors may minimize the severity of an auto accident victims injuries. Insurance companies may attempt to disallow some types of treatment in favor of less expensive and less effective treatments in order to reduce their costs. Even in accidents cases involving serious or catastrophic injury, an insurance company almost always disputes the cause of the injury and the necessity and extent of medical care continuing into the future.
Injured auto accident victims who attempt to negotiate without the benefit of legal advice from a licensed and experienced personal injury lawyer, after they have provided the insurance company with a recorded statement and been seen by an insurance company approved doctor, often discover that insurance companies are more interested in receiving premiums and in minimizing the costs necessarily associated with claims than with paying the claims of injured auto accident victims.
The injured victim of an auto accident may be wise to think carefully before attempting to negotiate with an insurance company on his/her own. The expert advice of the lawyers of Mashney Law Offices, experienced in auto accident and personal injury law, can be of great benefit to an auto accident victim.
In California as in most other states, if you are involved in an auto accident, fault and liability must be determined before an insurance company will make a settlement payment. Fault and liability refer to responsibility. The individual who caused the accident through carelessness or negligence is at fault and is liable for any property damage and personal injuries that result from an auto accident. Liability may be shared in situations in which more than one person is at fault. Each individuals settlement is likely to be based on his or her share of fault.
Auto insurance companies have deep pockets and teams of experienced and tricky claims adjusters and defense lawyers whose job it is to see that you get as little compensation as possible, a minimum payment, for your auto accident claim.
If you do not agree with an insurance company determination, Mashney Law Offices attorneys can file a lawsuit to recover additional damages, either for monetary damages, such as lost wages, or non-monetary losses, such as emotional distress, pain, anguish, loss of consortium, etc. Mashney Law Offices auto accident and personal injury attorneys have the knowledge, skill, ability, experience, expertise, and resources to represent you in your dealings with insurance companies.
Mashney Law Offices will work hard to see that you get the best settlement ethically and legally possible to compensate you for the damages, suffering, and losses you have incurred. For more information regarding auto accidents please visit
SPEAK OUT OF TURN DURING COURT. Each judge has a system, and that system is their way of maintaining orderliness in their courtroom. Honor the system, or you may damage your credibility with the judge.
#6 ASSUME YOUR SPOUSES SILENCE MEANS AGREEMENT. A woman left her soon-to-be ex-husband a voicemail, telling him she would not sign the Agreed Decree for divorce because its terms were unfair. She requested extra time to file a response. Although her husband did not return her call, she was absolutely certain he would grant her the extra time.
Instead of granting her the extra time, her husband proceeded with forging the womans signature on the Agreed Decree, hoping it would be finalized and he would be able to enforce its unfair terms against the woman.
What is the point of this story? Do not assume your spouses silence means he/she is in agreement with you.
#5 FAIL TO FULLY RETAIN YOUR DIVORCE ATTORNEY. Your divorce case will be fact-intensive and will involve time. Once you get to the half-way point of the divorce process, your attorney will be intricately involved.
Fully retain your attorney, or you may have to find a new attorney, which would set your case back significantly.
#4 USE PROFANITY IN THE COURTROOM. Inside of the courtroom, there is a high level of decorum that the judges bailiff, the judges clerk, and the judge himself will expect you to honor. Refrain from using profanity in the courtroom.
#3 HOLD YOUR CHILD FOR RANSOM. You may have heard of a case like this: Per a Temporary Agreement, mom has custody of her six-year-old son, and dad, who lives out of state, gets him during school breaks and holidays. Everything goes okay until the end of Christmas break, when dad fails to show up at the agreed-upon meeting point to return son to mom. Dad wont return moms frantic phone calls. Dad calls mom the next day, saying son will be living with him, and if she wants to see him again, she will have to agree to new terms.
At the point when dad uttered those words, he committed Contempt of Court. Withholding your child from your spouse in exchange for more favorable terms is against the law and will be punished. Do not hold your child for ransom against your spouse!
#2 DO SOMETHING DRASTIC. Here is a checklist of “drastic” mistakes spouses sometimes make:
Leave a voicemail, or send an e-mail or note to your child, bad-mouthing their mom/dad.
Bribe your child (candy, an X-box 360, etc.) so that the child will tell the judge he wants to live with you.
Hide, or ask a friend to hide, your marital assets.
Hire a friend/co-worker to spy on your spouse.
When in doubt about the proper action, always ask your divorce attorney.
#1 LIE TO THE JUDGE WHILE UNDER OATH.
Sadly, swimming pool injuries and drowning deaths occur at a very high rate. The Center for Disease Control (CDC) estimates that everyday there are at least 10 pool related injuries or deaths that occur. What is even more alarming is the fact that 20 percent of these incidents occur to children under the age of 14, and of that 20 percent, a majority of the events happen to children between the ages of one and four.
In most cases, a personal injury attorney would handle a case surrounding a pool injury or drowning death. However, some of these cases can become complicated and may be in the best interest of the injury victim or their family to consider using a personal injury attorney that is very familiar with, or only handles, pool injuries or drowning claims.
— Injuries Associated with Pool Injuries and Drowning —
There are many different types of injuries that can occur in a swimming area. However, head trauma from falling and brain damage from loss of oxygen while underwater are the most common injuries. People who are submerged under water and become oxygen starved can suffer with one or more of the following issues:
Limited brain functions
Loss of use of one or more limbs
Personality changes usually resulting in quick temperedness
Permanent serious brain damage
Additional issues may arise from these types of injuries that are less common based on the individual that suffered the injury.
Many of these injuries require life-long therapy and care. Individuals that have been injured in a swimming pool or hot tub area accident and their families should seek competent legal representation to seek compensation to cover the costs of care.
— Factors That Contribute to Drowning Deaths and Pool Injuries —
Pool areas can be dangerous, especially for children. There are many reasons that a pool injury or drowning can occur. Some of the more common reasons include;
Failure to place a safety cover or fence off the pool area
Failure to keep pool area fence locked
Lack of adult supervision around to pool at all times
Lack of warning signs around the pool area
Failure to provide lifeguards for public swimming areas
Failure to mark the depths correctly in the pool
It should be note that accidents and drownings involving children under four years old occur most often in their own home.
— Pool Safety Tips —
The effects of injuries associated with pool injuries are often suffered for a life time. Taking a few simple precautions may allow you to avoid the tragedy of pool related injuries or accidental drownings.
-If you own a pool, make sure that everyone in your home can swim. You can begin with lessons for children as young as six months.
-Establish pool rules. These rules should include:
oNever swimming without an adult present
oNever swimming alone
oNo diving, even in the deep end of the pool
oNo running around the outside of the pool
oStay away from the pool cover always
oAlways keep pool chemicals locked away
-If your pool is located outside, you will want to have a four foot fence with a gate that can be locked installed around the pool. You may also wish to lock the gate to your backyard. You must take precautions against neighborhood children entering your pool without your knowledge.
-Take a pool safety class and know how to properly perform CPR. This will be very helpful if an accident should occur. In fact, everyone who is old enough in your household should have CPR training.
— The Statute of Limitations —
When you have been injured in a pool related accident, or if your loved one lost their life to an accidental drowning, you must understand that there is a limited amount of time for you to seek compensation.
The Statue of Limitations are laws that are in place that limit the amount of time a person has to seek compensation for a personal injury. These limitations vary from state to state and can be as little as six months from the time of the injury. On average, the Statute of Limitations for seeking compensation for a personal injury is two years.
If you do not file a claim for compensation before the Statute of Limitation expires, you will not be able to seek compensation for your injury and losses. It is important to speak with a personal injury law firm about your rights as soon as possible after an accident occurs so that your rights as a victim are protected.
— Speak to a Lawyer Immediately About Your Rights —
If you or your loved one has been injured in a pool or spa related incident, you may have specific rights to seek compensation for your injuries and losses. You will want to talk to a lawyer who is knowledgeable about these types of cases and their respective injuries. During your initial consultation, it will be explained what rights you have as an injury victim and what types of compensation you are entitled to under your state laws.
Paternity Tests and the New Childrens Act
The new Childrens Act confirms in Section 36 a presumption in respect of a child born out of wedlock. The presumption is that the person whom had sexual intercourse with the mother at any time when that child could have been conceived will be presumed to be the biological father of the child in the absence of evidence to the contrary which raises reasonable doubt. In the case of S v L 1992 (3) SA 713 (E) it was held that the phrase “in the absence of evidence to the contrary which raises reasonable doubt” means that whenever there is evidence to the contrary, the presumption does not operate or ceases to operate. This is also in line with the courts decision in R v Epstein 1951 (1) SA 278 (O), where it was held that a presumption operating “in the absence of evidence to the contrary” only requires evidence, not proof, to counteract the presumption. The Childrens Act does not define the word “evidence”, thus any acceptable evidence suffices, regardless of whether it is direct or circumstantial, however, it must raise reasonable doubt.
Section 37 of the Childrens Act states that if a person in proceedings in which paternity of a child is challenged refuses to submit him/herself, or the child, to take blood samples in order to carry out a scientific test to prove the paternity of the child, then a presumption in our law exists in which the failure of such a party to agree to such a test may be used as evidence to prove the contrary. The effect of this section is that it compels a court to warn the person who has refused to have his/her or the childs blood sample taken of the effect which such refusal might have on his/her credibility.
Refusal by mother to submit her and child to testing
In O v O, Friedman JP stated that there is no statutory or common-law power enabling the court to order an adult to allow a blood sample to be taken for the purpose of establishing paternity. Although there is still no such power, Section 37 obliges the court to warn the mother of the consequences of her refusal (perhaps that the man she is accusing of having fathered her child cannot be deemed to have fathered the child in the absence of a blood test). He would then in all probability not be ordered to pay maintenance for the child.
By Bertus Preller
Family Law Attorney
Abrahams and Gross Inc. Cape Town
WHAT IS MEDIATION?
In many states, mediation has gone from being an option to help resolve issues to a mandatory part of the court proceedings. That is particularly true in cases that involve divorce or custody disputes.
Mediation is called an alternative dispute resolution process. In short it provides you with an alternative to Court to create your own agreements and craft your own orders without submitting those matters to the Judge. This is often a preferred way to resolve disputes in a divorce. The alternative is to proceed to Court and allow a Judge, a complete stranger to you and your children, to hear a few short arguments and testimony and decide your fate. Often such orders may seem like pounding round pegs into square holes with out understanding fully the individual circumstances of the parties. Clearly that is in no one’s best interest and often leads to the long roller coaster ride through court with each party filing new motions year in and year out to change the rulings that the Judge has made.
By contrast, mediation teaches the parties to communicate and to work through their issues productively. In the process, the parties to work with a neutral expert to resolve their disputes in a way that works for them. A mediator is also known as a qualified neutral.
The mediator may be a lawyer, a therapist, a religious leader or other qualified individual. As part of the mediation process, the mediator will not provide either party with legal advice and, instead, will work with the parties on their communication skills to understand the other parties position.
Often mediators will encourage the parties to incorporate into the proceedings other experts to help them in the decision making process,. This may involve the use of appraisers to value a home, accountants and investment counselors to address financial aspects, or a parenting consultant to work through custody and parenting issues. By using one neutral expert, the parties may save thousand of dollars that would be spent for each party to hire their own expert only to remain at an impasse with different results.
WHAT TYPES OF DISPUTES CAN BE RESOLVED THRU MEDIATION?
Mediation can be a useful tool for almost any issue that you encounter in family court. Even the most acrimonious divorces can benefit from mediation by helping the parties resolve some, if not all of their disputes, thereby simplifying the issues to be resolved through the court process.
Mediation may resolve:
disputes between divorcing parties including custody issues, spousal maintenance and property issues;
restraining order issues.
WHY SHOULD I MEDIATE?
1.Mediation is available any time both parties are willing to engage in the process, even if they are already involved in a contested court case;
2.Mediation is LESS EXPENSIVE than going to court with both parties to the dispute sharing the cost;
Parenting through divorce presents new and changing relationships for everyone. Adjusting to the process of letting go of the concept of the two-parent family and accepting the idea of new relationships takes time. Take the time to go slow when initiating a new relationship to give children time to deal with different lifestyles and eventually the possibility of an extended family. Rushing into dating may be viewed by your child as competition for your love and attention. Old fears of abandonment may surface as the fantasy dissolves that the divorcing parents will unite. As a result of the divorce, some children lose trust in adults and are slow to accept a new adult into their life. It is important to talk to your children about their feelings and their role in the new step-family. Communication, reassurance, and time will help your child make the needed adjustment.
Before dating, give your children enough time to adjust to the idea that mom and dad will be seeing other people. Make your activities with your date a part of a group function. Starting your social life with friends the children already know may also help them get the point that you are dating. In the beginning of a new relationship, meet your dates away from home to avoid having a number of different people in your home and your child’s life. Your child had lived through difficult changes and should not be asked to adjust to something else this significant unless it is necessary. Choose with care whom you let get close to your family. Before you introduce them, let your children know the nature of your relationship. Begin with a few short outings to take the pressure off forced conversation. If it looks as if the relationship will be long term, outings can gradually become longer. It is important to reassure your children of your love for them. They are less likely to accept someone they perceive as a threat to their relationship with you. It is crucial that they know that the person is not a replacement for their absent parent.