Thursday, December 31, 2020

Why Hiring a Divorce Attorney Is A Good Idea

 

As a marriage starts out in euphoria, sometimes it doesn’t last and soon enters into a divorce. Around half of all marriages will fall apart and eventually file for divorce. The next step that should be considered is either obtaining a divorce attorney or attempting to file all the legal documents by yourself. There should be some careful consideration before a decision is made.

No one goes into a marriage thinking they will eventually file for a divorce. Dismally in our society, divorces have become more common and accepting than generations before. Either way, the whole family is hurt by a divorce. Emotions and strengths of character are tested during the roller coaster ride of a divorce. By having emotions and feelings being hit so hard, a person going through a divorce should not have to deal with the legal issues pertaining to their case. This era in one’s life should not be thought lightly and a divorce attorney should be hired to ease the burden. Even if you are contemplating hiring a divorce attorney, it should be considered that even lawyers will hire and delegate their own divorces to other attorneys.

Advantages When Hiring a Divorce Attorney

1. Experience- Many people going through a divorce, do not have the slightest clue of the legal proceedings. A divorce attorney on the other hand will know exactly what and when to proceed with filings. Having a legal professional that has expertise in family law will be an advantage to your side. They will be able to educate and inform their clients on the particulars of divorce laws that are unique to your locality. Family law specialists will be able to offer their insight on what the outcome of the divorce will yield. There is no perfect divorce equation, but having the experience, a divorce lawyer can have a good guess on what is going to happen.

2. Local Experience- Hiring a local attorney is much better than hiring a high profile attorney that is not located in your jurisdiction. Not only will they will understand the local laws, but they will have a good impression on other lawyers, court clerks and judges who will be running your case. This is an advantage as the lawyer can predict actions of judges and anticipate other divorce attorneys moves.

3. No Emotional Bond- From the emotional toll before and during your divorce proceedings, you will become attached to certain items and intangible aspects through the divorce. A divorce attorney will not have the emotional bond to a court case that a person going through the divorce will have. There is no doubt that the legal representative will have your best interest, but he or she will not make irrational decisions based on emotions. They will rather base decisions upon fair compensation and legal practices. If a person is going through a divorce with children, these emotions are even higher, having another reason to hire a family law specialist.

4. Efficient- If a person is trying to complete their own divorce, it will take a lot of research, time and effort to understand the legal filing process, terms and procedures. If that same person is working and taking care of kids, it’s nearly impossible to complete efficiently. When hiring a divorce attorney, these tasks will be handled swiftly and professionally by your divorce lawyer.

5. Expertise- By working with the same type of clients and dealing with the legal system, a divorce lawyer has built an expertise in the family law field. Other attorneys may practice different entities of the legal system, but an attorney who deals strictly with family law and divorce, will have built their reputation and expertise in that field. Whenever hiring an attorney, always make sure they have expertise or credentials showing their skills in their field of practice.

If you are deciding whether or not to hire a divorce attorney, it will be much easier on you and your family if you do. By hiring a divorce lawyer, he/she will be giving the professionalism and experience that is needed when dwelling into the legal system. The divorce attorney be as efficient as possible with filing papers with the courts and not having the emotional bond that their clients hold onto during a divorce. Hiring an expert in the field of family law will give you an advantage and save much time and effort during a high turmoil time in your life.

DWI Attorney

 

What does DWI stand for? DWI is the abbreviated form of the term “Driving While Intoxicated”. When a person is charged with the offense of driving in a state of intoxication, a DWI attorney comes to his aid, to help them fight their case. A DWI case is one of the most common offenses conducted in large cities all over the world. In some cities, this is not taken up as an offense. But in most major cities of the world, drunk driving is a serious offense as is equally punishable as a criminal murder or robbery or theft.

DWI necessarily pertains to people who tend to drive under the influence of alcohol, whereas a different term, DUI, is used to refer to cases in which people resort to driving after consuming alcohol or even drugs. A DWI attorney handles cases of the former kind and helps the client to combat the offense they are charged with after drunk driving. Any person charged with such a case requires the help of a DWI attorney who will guide them through the different legal proceedings before the client is given their verdict from their case. Generally, a person charged with the offense of DWI can face numerous consequences, including suspension of the driver’s license and other penalties. An experienced attorney can help them save their driving rights and prevent them from landing up in jail. At times, DWI laws can be far more complicated than it actually seems to be and seeking the legal aid of a DWI attorney can suffice.

For hiring an attorney who will be able to handle the case with ease, it is highly recommended to choose the correct person – the one who is best suited for the purpose, one who specifically deals with DWI cases only. Very often it is found that an attorney who practices in a variety of fields fails to provide satisfactory results, primarily due to sufficient lack of knowledge regarding the different merits and demerits of DWI laws. Hence, a DWI attorney must be well acquainted with the pros and cons of the DWI laws and must have prior experience in handling cases in this field. The attorney should be strong enough to present the case with appropriate justification before the judge.

They should be very particular and clear in their objective and must be able to provide convincing facts and proof in the favor of their client. Undoubtedly, they should guide the client through the many legal criteria surrounding the DWI case and must be able to act with the utmost precision. In these cases, usually the attorney strives hard to garner facts and evidences to furnish their statement, but finally ends up presenting a disheveled concoction. As a result, the client loses the trial and the attorney his goodwill. The client must be active enough to discuss the entire case with their attorney before giving the lawyer responsibility of the client’s well-being.

Overall, DWI cases are often very difficult to handle unless one seeks an attorney to personally assist them in the legal procedures. DWI attorneys, when wisely chosen, can justly protect the client from the harassment of losing their driving license and even going to jail.

McLemore, Reddell, Ardoin & Story, P.L.L.C. is a Houston-based law firm providing criminal defense representation for individuals throughout the state of Texas. The attorneys handle state and federal misdemeanor and felony cases, including DWI and drug charges, white collar crimes, violent crimes and sex offenses, and more.

Sunday, November 22, 2020

Blue Springs and injury attorney.

 

Personal injury or injury can occur due to any kind of mishap or accident. An accident is a mishap, misfortune or mischance that can result in a catastrophe, damage or injury. Accident can also be defined as unplanned, unexpected and undersigned set of events that can cause sudden change leading to injury or loss of property, resources and other things. .  Personal injury attorney in Blue springs can well deal with such cases.

An accident is a mishap, misfortune or mischance that can result in a catastrophe, damage or injury. Accident can also be defined as unplanned, unexpected and undersigned set of events that can cause sudden change leading to injury or loss of property, resources and other things. An accident can lead to a total failure. An accident has an unplanned, unexpected and unforeseen event that has got a negative impact on an individual or might be on a group of people. An accident can cause or result to death, injury, health hazard, loss or damage of property or environment or combination of both. Loss or damage of personal property or personal injury can also happen as a result of an accident. In order to seek protection or respite from the hazards of accident related injury or damage or issues arising out of personal injury one can seek consultation of personal injury attorney of Blue Springs.

While dealing with cases related to injuries caused due to certain accident or mishaps and accidents injury attorneys specially injury attorneys of Blue Springs can be consulted for solving cases.

Friday, October 16, 2020

When You Want a Quick and Easy Divorce, Think Uncontested

 If you're looking for an affordable (and peaceful) way to dissolve your marriage, an uncontested divorce might be the answer. While it sounds like an oxymoron, uncontested divorce simply means a divorce where spouses agree on all aspects of custody, visitation, support, property settlement, payment of debts, attorney fees and any other related matters in the case. Uncontested divorces have become increasingly popular as Kansas couples not wishing to fight horrific battles or waste countless hours and money on drawn out divorces seek different options.

If you want to dissolve your marriage, here are some questions to ask yourself about whether you are a candidate for an uncontested divorce.

Have both you and your spouse agreed that your marriage is broken and you both wish to obtain a divorce?

Do you and your spouse have access to and sufficient knowledge about the family's finances, including all martial assets and debts?

Are you and your spouse still able to clearly and calmly communicate with each other?

Do you and your spouse agree on issues regarding parenting, such as child custody, parenting time and holidays?

Do you and your spouse agree on the division of marital assets, debts and other property?

Do you want to save time and money and dissolve your marriage peaceably?

If you answered yes to all of these questions, then you would be great candidates for an uncontested divorce.

One of the main reasons people choose an uncontested divorce over a traditional divorce is because the process is easier and a much more affordable divorce. So what's the process?

Tuesday, September 29, 2020

The Prevalence and Signs of Drunk Driving

Drunk driving receives a tremendous amount of attention in America. One person's decision to drink and drive can devastate the lives of many. Be a proactive driver against drunk driving by staying informed on drunk driving and being a vigilant driver on our roadways. According to the National Traffic Highway Safety Administration (NTHSA), national efforts to fight drunk driving have brought death tolls down 35% since 1991, an impressive statistic to say the least. However, the latest data available shows that 32,885 people died in car accidents involving drunk drivers in 2010.

Drivers who are repeatedly arrested for driving drunk with a blood alcohol concentration (BAC) of.15 or higher and are resistant to changing their destructive behavior, regardless of tickets, treatment or education, are considered to be hardcore drunk drivers. In 2011, 70% of drunk drivers involved in car crashes had a BAC of.15 or higher. According to the NTHSA, this behavioral trend of hardcore drunk drivers has remained fairly consistent for over a decade. Statistics on hardcore drunk drivers are disturbing. Drivers having a BAC over .15 are 380 times more likely than a sober driver to be involved in a single vehicle fatal auto accident.


 

The younger population is especially affected by drunk driving, with car accidents consistently remaining the number one cause of death for those ages 15-20 years old. The NHTSA reports that 13.3 million young people between the ages of 15 and 20 were licensed and driving in the United States in 2007 (latest data posted by the NHTSA). Among this group of young drivers, 5,148 drivers were involved in fatal crashes in 2009, of which 2,336 drivers were killed. According to the NHTSA, 33% of these fatal accidents involved a driver who had been drinking and 28% of the youths killed in the accidents had a BAC greater than .08.

Hard core drunk drivers and inexperienced young drivers are two populations especially prone to car accidents related to drunk driving. However, these aren't the only populations susceptible to drunk driving. In 2011, alcohol related fatalities accounted for 31% of total vehicle fatalities in 2011. For every 100,000 people in the United States, 3.2 died from an alcohol related car fatality. However, this number is down from 6.3 per 100,000 in 1991.

Driving safely is a major concern for each of us. Be vigilant when you drive. Look for cars that are tailgating, weaving or zigzagging through traffic. A drunk driver may be driving on portions of the road not designated for driving and may either drive slow, erratically or fast. Look for drivers driving across lines and driving with their headlights off or having a slow response time. If you spot a vehicle you believe is being driven by a drunk driver, stay far away from the car. If possible, make note of the license plate and type of car and pull over to call 911.

Saturday, August 1, 2020

Frequently Asked Questions For A Family Law Attorney

Because most of the cases they handle include marital discord, family law attorneys are most commonly referred to as divorce lawyers. But like other areas of legal practice, family law is much larger than a single subject. It involves many other domestic matters related to family obligations and disputes. To give you a better understanding of this growing legal field, we've come up with five answers to questions a family law attorney commonly receives.

Is There A Difference Between A Divorce And An Annulment?

When one or both spouses attempt to dissolve a marriage, there are two possible outcomes. The most common one is a divorce, which puts an end to a legal marriage. However, if the court finds that the union was not legally valid, it may just grant an annulment. A legal decree, an annulment treats the union as if it never happened. Bigamy, fraud, or coercion are just a few of the reasons annulment is granted.

What Does Child Support Cover?

When one parent retains primary custody of a child or children, the other parent may be ordered to provide monetary support. Although the custodial parent makes the payments, it can only be used for things the child needs, including:

- Food, clothing, and shelter
- Medical and dental care
- Educational expenses

If the custodial parent uses child support for any other purpose, the non-custodial parent may notify the court.

How Is Alimony Calculated?

Also known as spousal support, alimony consists of regular payments made to a dependent spouse. Since they make more money, a supporting spouse is often asked to pay a certain percentage of his or her monthly income in alimony. The dependent spouse may receive these payments until he/she is either remarried or achieves financial independence.

How Is Child Visitation Determined?

When children are involved, it is up to the court to make a decision based on their best interests. After custody has been established, the ex-spouses can discuss vitiation rights. Experienced attorneys can be invaluable for both sides during this sometimes contentious process. As long as they can come to an agreement, there may be no need to get a court order regarding visitation rights.

Do I Need A Family Law Attorney?

Although it is technically possible to represent yourself in family court, it is very rarely done. Why? In addition to the incredible amount of stress and strain these cases almost always cause, they can also be confusing from a legal perspective. Matrimonial law is not written in stone, so judges tend to err on the side of caution. They often encourage both sides to come to an agreement rather than making a firm decision. As a result, a spouse that does not have legal representation will be at a distinct disadvantage during negotiations, including negotiations of child custody and other important issues.

An experienced family law attorney can help protect your rights and pursue your interests during an emotionally trying time.

Five Good Reasons to Get a Family Law Attorney

Family law attorneys are more than just divorce mediators. These domestic relations specialists also deal with a range of domestic issues, including domestic violence, child custody, child support, spousal support, adoption, and surrogacy.

Divorce

If you've ever known someone who has gone through an ugly divorce, then you know how bad things can get, especially without proper legal representation. In many cases, alternatives such as mediation aren't nearly as effective as having a representative of the law fighting for your rights. Attorneys that specialize in domestic relations are exactly the types of legal experts that you need to fight for your rights should you or your spouse decide to dissolve your marriage.

Domestic Violence

Most people aren't aware that family law attorneys handle cases involving domestic violence. Whether you want to bring charges against your legal spouse or former partner or you want to legally fight allegations of domestic abuse, these types of cases fall under the jurisdiction of a domestic relations lawyer. These legal experts will walk you through the entire process, from filing the restraining order and helping to enforce it, to fighting to recoup any damages or loss that you may have incurred.

Child Custody

In many instances of divorce, there is often a subsequent legal battle over who should have custody of the children. Family law attorneys specialize in handling these types of cases with the intent of helping to place the children in the best possible environment, which should be the most important goal. The lawyers are also there to help ensure that your visitation rights are honored.

Child Support and Spousal Support

Much like child custody, child support and spousal support are often byproducts of a divorce, although they may not always go together. Child support is typically sought by a parent of a minor child in an effort to help with the financial responsibilities associated with raising that child. On the other hand, spousal support, sometimes called alimony, is typically sought by a spouse who is seeking financial independence upon the dissolution of a marriage. Whether you need child support, spousal support, or both, family law attorneys work to get you the most amicable solutions in your case.

Legal Separations

Depending on the family law firm, the attorneys may take on legal separation cases. Often confused with divorce, legal separation is not an end to a marriage, but a court order enabling couples to live separately while remaining married. The court order details the rights and duties of each spouse, allowing both parties to work out any financial, personal, or emotional issues that have had an effect on the marriage. Fairly uncommon, legal separations may entail issues of property division, child custody, child visitation, and spousal support, and the complexity of these conditions and the relevant state laws usually require the expertise of an attorney.

Tuesday, June 23, 2020

What Are Child Custody Rights?

Child Custody Rights are granted by a family court judge to one or two of the parents, grandparents, step-parents, or legal guardians. In custody cases, the courts usually favor the biological parents.

Custody rights are determined based on the best interests of the children. These rights specify who will have physical and legal custody of the child as well as who will make the payments for child support.

The rights to the custody of a child may be given to only one parent or legal guardian or be shared by both parents. In about 70 percent of cases, primary custody rights are granted to the mother of the child. Fathers are less likely to win custody of their children because of the notion that mothers are better caretakers of children.

About 20 percent of cases award joint custody, in which both parents enjoy an equal amount of custody over their children. In this child custody arrangement, parents are allowed by the courts to divide for themselves the custody rights as long as neglect or abuse is not involved.

Custody rights entail both legal and physical responsibilities of the parents. Legal custody rights allow a parent to make major decisions on things that are involved in his or her children's life such as religion, education, and healthcare. Physical custody rights allow a parent to the child stay with him or her for good.

Barring major disagreements in the wishes of each party, parents can easily determine their rights to custody of their children. However, when both parties cannot reach an agreement, mediation is necessary. Mediation refers to the process that involves intercession of an independent third party to aid parents in making decisions about their custody rights. It can help speed up the process of coming to an agreement of both parties. Once an agreement has been reached and approved by the court, the terms of this agreement can be immediately implemented. If disagreements still ensue, a court hearing will proceed to determine who gets which rights.

During the custody hearings, the judge will consider several factors before making a decision. Usually, courts depend on a psychologist's expert testimony, which evaluates options for custody rights by examining a number of important factors. Some of the factors that a judge looks into include the age of the child, past behavior of the parents at home, preference of the child on who will take care of him or her, stability of the parents' home, the amount of time a parent can devote for taking care of the child, and the parents' ability to finance the child's needs. Children may be invited in the court hearings to testify or to speak privately with the judge.

Saturday, May 2, 2020

Preparing for a Child Custody Case

Child custody cases can be grueling for all persons involved. You should make your best effort to resolve custody amicably, either directly with your ex or through a legal or mediation process. Be sure to explore all possibilities for joint custody. You should act exclusively in the best interests of your child, and, toward that end, you should minimize the impact of a contested court case. Even if your child will have no direct part in court proceedings, the tension will undoubtedly impact your child at least in an indirect fashion.

If amicable settlement is impossible, then prepare yourself. You must honestly believe that your having sole custody of your child -- at least physical custody, and perhaps legal custody as well -- is firmly in your child's best interest. As a corollary, you should believe that your ex gaining custody will in some way be detrimental to your child's welfare -- and you should prepare hard evidence to back that up. Don't battle for custody out of spite; you must be objective.

You can be sure that your ex will be formulating similar strategies, so take a long, hard look at your own parenting skills, as a third party might view them. How has your ex, or a best friend or relative, criticized your parenting in the past? Be prepared to field questions in court about any behaviors or specific instances in which your parenting skills could be called into question. If you're still engaging in any activity that could be seen in a negative light, then stop. Be ready to call in witnesses who will confirm that you have modified any negative behaviors or activities.

You must be brutally honest about yourself and your own flaws. No parent is perfect, and your ex will expose every last little blemish in your character, exaggerated or not, in an effort to make that point. After taking such a personal inventory, you may find there is still room for compromise; you can always contact your ex before your court date and try to settle beforehand.

Otherwise, you will need to gather concrete evidence: documents, school records, police reports, doctors' reports, phone logs, bank statements, plus testimony from friends, witnesses, experts, home evaluators, and others. You will need evidence both supporting allegations that you will be making against your ex, and defending against any allegations your ex may be making about you. The evidence should be concise; you don't want to burden the court with an excess of paperwork, or annoy the judge with extraneous details.

It is unlikely that you will survive a custody battle without a lawyer. Your lawyer should specialize in family law, with particular experience in contested custody cases. If you're already working with a lawyer whom you like but who does not have this particular kind of experience, then hire a co-counsel who does. Since custody laws vary from state to state or jurisdiction to jurisdiction, be sure that your lawyer has experience in your jurisdiction; hopefully, he or she will be well familiar with the court where your case will be heard, and with the presiding judge. If your lawyer has a history of success arguing cases before your judge, then you stand a good chance of success as well.

It may be worthwhile for you and your ex to together hire an independent evaluator or mediator to assess your case and make objective recommendations to the court. Even if a mediator can't help you and your ex reconcile your positions, he or she will at least give the court a head start.

Finally, stay calm and focused. Blowing up in court will only harm your cause. Even if your ex exaggerates your flaws or introduces questionable evidence, respond calmly, with hard evidence. Take a "time out" if necessary. And stay focused on your child. You must focus on your child's welfare at all times, and let the court know that you only want what is best for your child.

Friday, May 1, 2020

Child Custody Law

The Judge of the RI Family Court can award either sole legal custody to a parent or may award Joint Legal Custody to both parents. The issue of legal custody is completely independent of the issue of visitation. RI Visitation Rights are beyond the scope of this Rhode Island Law Article. Please Consult with Rhode Island Child Custody Lawyer David Slepkow about the facts of your case.

Sole Legal custody

Sole Legal Custody means that a parent can make all important and major decisions concerning a child's health, welfare and upbringing without consulting with the other parent. These major decisions include religious, educational, medical and general welfare decisions. The parent with sole custody of the child will also have physical placement of the child. The parent with sole legal custody has complete access to medical, educational and other records related to the child.

Joint Legal Custody

Joint Legal Custody means both parents should be involved in major / important decisions concerning a child's upbringing, education, medical and religious welfare. Theoretically, both parents with joint custody have equal rights in making important decisions regarding their child or children. Both parents have full rights to access all medical, educational and other records pertaining to the child. In order for joint Custody to be feasible, the parents must have some level of communication and respect for each other to allow them to co-parent.

Physical Placement - Physical custody

The Court must also award to one parent physical placement of the child or children. Physical placement is where the child will be living on a day to day basis. Physical placement is also commonly known as "physical custody" The parent who does not have physical custody of the child will have reasonable visitation rights. The parent with physical placement of a minor child has the right to receive Rhode Island Child support from the parent who has visitation rights. Child Support is typically determined by the Rhode Island Child Support Guidelines

Shared Physical Placement

Shared Physical placement (Shared Physical custody) is when the child splits time residing with both parents. Shared Physical placement is relatively rare in Rhode Island. In some instances the child may be placed with one parent for half the week and then the other parent the other half of the week. Some parents will alternate weeks or months. This type of arrangement is usually only done by agreement of the parties and is rarely ordered by the Court Absent an agreement.

Split Physical Placement

Split physical Placement is when one child lives with the father and one child lives with the mother. It can also be when the children are split in away so that at least one child lives with a parent and at least one child lives with mother.

If the Parents cannot agree to Legal Custody, Physical Placement or Visitation, then The RI Family court must determine what is in the "best interest of the child" This is very subjective and analytical standard.

It is advisable to contact a Rhode Island Divorce Lawyer or a RI Family Law Attorney to get legal advice concerning the facts and circumstances in your case.