Fault and No-fault divorce Lawyer

Although the concept of fault and no-fault divorce can become difficult to understand due to state specifications, there are certain universal rules and guidelines to follow when taking the larger picture into consideration. First, no-fault divorce is defined as a type of divorce in which the spouse filing for divorce doesn’t necessarily have to prove fault on the part of their significant other. Due to it’s legal nature, a spouse cannot object to a no-fault divorce petition as the ground for objection would constitute a legally “irreconcilable difference”. This is one of the most common justifications for a no-fault divorce. No-fault divorces are recognized in every state, but some states do require that spouses live separate for some time before full divorce. For example: prior to 2016 the state of Illinois had required couples to live apart for a minimum of six months (the standard requirement was initially two years) before becoming divorced as a result of irreconcilable differences. 

In terms of historical context, in the 1950’s, states began progressively moving away from traditional barriers of binding relationships, making no-fault the standing procedure among divorce. This has led to a greater sense of personal freedom for individuals stuck in unsatisfying relationships at the expense of a rapidly increasing divorce rate (in the time period between 1950 and 1980). The changing societal expectations at the time came as a result of a variety of social factors too such as women becoming a stronger presence in the workforce. Divorce had become a more socially accepted aspect of life to match the changing legal environment. In the 1980’s, the divorce rate peaked at over fifty percent. From that point, the rate has slowly declined as couples have begun to further grasp the level of commitment that marriage entails. People nowadays are marrying later in life when their lives have further stabilized.

Fault divorces, on the other hand, are not as common in the states. Most states nowadays no longer recognize them. In the states that do, the most common grounds for which a fault divorce is granted are:

• Adultery
• Cruelly (emotional or physical; most frequent)
• Abandonment for a length of time
• Prison confinement

When both spouses can convincingly show the other is at fault, the court then decides who is least at fault under a doctrine called “comparative rectitude”. Of course, there is also a variety of ways in which a spouse can challenge a fault divorce. This includes evidence of provocation, recrimination, etc. However, because courts often have an interest in not keeping people married, they are typically lenient to those who ask. This common precedent as well as the costly barriers of legal defense often deter people from attempting defense. Nevertheless, for some, there are still some appealing aspects of fault divorce to consider such as its potential to lead to a larger distribution of marital property for the spouse not at fault. With all this in mind, careful consideration with a divorce lawyer in Arlington, TX is key in determining the right course of action to take when pursuing divorce.

Thanks to Brandy Austin Law Firm for their insight into family law and fault and no-fault divorces. 

Nursing Home Lawyer

When your loved one tells you they have been abused or neglected while under the care of a nursing home, you might feel angry, shocked, and confused. This is not something to ignore, but it is also important to understand that these types of allegations are serious and could involve state departments, federal investigations, and complex rules and legislation. The first thing you should consider is talking with a nursing home lawyer.

Abuse in U.S. Nursing Homes

Nursing homes are supposed to provide a blanket of protection for their residents. Sadly, it is estimated that up to one third of these facilities fail to offer their advertised care resulting in neglected elders that truly need assistance in their everyday life. As the baby boom generation continues to enter these places, the likelihood of neglect in nursing homes is suspected to increase. This is particularly because approximately 80-85% of nursing homes are for profit businesses. Every year they must show a profit, and this typically is done through budget cuts, the hiring of inexperienced staff, and poorly kept premises. All of these things can become a catastrophic combination and may include the abuse or neglect of an elder.

Experienced, Honest, and Aggressive Legal Representation

A nursing home lawyer can help families go through the legal process involved with abuse or neglect. It is important you know that you are not alone, and furthermore, that you have options beyond accepting a fast settlement from the very facility who has harmed your elderly loved one. By choosing to hire a nursing home lawyer, you can feel peace of mind in knowing that they:

• • Will carefully review your case to ensure we understand all angles

• • Have ample resources to gather evidence that solidifies your case

• • Do not get intimidated by nursing home companies or their legal teams

• • Only settle for maximum compensation

• • Will go to trial, if we cannot reach a settlement

• • Understand the complex laws and rules

• • Know how to navigate the intricate details without causing you too much stress

• Work on a contingency fee basis

Common Signs of Nursing Home Abuse

Abuse is not always physical; rather, an elder can be emotionally, mentally, and financially neglected. Often the later can take place for years before it is discovered. If you’re unsure about how your elder loved one has been abused, but are sure that it is going on, you should explain your situation to a nursing home lawyer. Signs that may help you to identify abuse include:

Physical Sides of Abuse

• • Bed sores

• • Broken bones

• • Bruises

• • Burns

• • Weight loss

• Signs of restraint

Sexual Signs of Abuse

• • Genital bruising or bleeding

• Development of STDs

Mental and Emotional Abuse

• • Verbal assaults or threats

• • Intimidation

• • Humiliation

• • Frequent crying

• Emotionally withdrawn

Signs of Neglect

• • Poor hygiene

• • Missed medication doses

• Unsafe environment

Financial Abuse Signs

• • Unexpected purchases

• • Missing money

• • Strange changes in a will or trust

• • Missing checks

• Forged signatures

Additional signs of abuse or neglect may include:

• • Falsifying medical records

• • Duplicate billing

• • Undertrained staff

• • Lack of staff

• • Over or under medicated

• Lying to family members

Do You Believe Abuse is Happening to Your Elder Loved One?

If you believe a nursing home is abusing your elderly loved one, time is of the essence. You should contact a nursing home abuse lawyer Trenton, NJ residents turn to as soon as possible.

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Thank you to our friends and contributors at Davis & Brusca, LLC for their insight into nursing home law and abuse.

Construction is considered to be one of the most dangerous occupations in the United States. The risk of electrocution, falling, using faulty machinery, or other unpredictable situations are dangers that workers can be faced with everyday. Unfortunately, out of the 4,693 work fatalities in 2016, 991, or 21.1% were in construction.

As dangerous as it might be, risks must be taken in order to provide for a family. Your husband, or family member, may have assured you that all of the necessary safety protocols were in place; that he wore his hard hat all of the time; and that you had nothing to worry about. What happens, when something goes wrong, and he loses his life. Who is to blame?

Statistics: https://www.osha.gov/oshstats/commonstats.html

Common Liable Parties in Construction Accident Wrongful Death Cases

Even with the strictest protocols in place by OSHA, thousands of severe and fatal accidents occur on construction sites because of neglect or carelessness. Construction sites typically have many companies involved in the project, and determining who is liable, is not always easy. Depending on what happened, a lawyer might argue that any of the following should be held responsible for the death of your loved one:

A Contractor – There could be multiple contractors on one construction site. If they fail to keep their workers safe, a contractor could be held liable.

Manufacturer – If the death was a result of broken, faulty, or damaged equipment, a lawyer may seek compensation from the manufacturer. This equipment would include tools, machinery, scaffolding, and more.

The Owner of the Construction Site – It is up to the construction site owner to maintain the premises, and ensure all protocols are being practiced.

Construction Worker – It is possible for another worker to have acted negligently; thereby, cause the death of another worker. Sometimes he or she could also be criminally prosecuted for manslaughter.

The Employer – If a lawyer discovers that workers were not properly trained, machinery was poorly maintained, or OSHA violations existed, the employer could be pursued for damages.

Filing a Complaint with OSHA and Other Agencies

When safety violations are an issue, a lawyer might also help you to file a complaint with OSHA and other state or federal agencies. Filing a complaint with these parties could result in fines and other penalties that will encourage the negligent party to not make the same mistake again. If you’re unsure about how to go about this process, you can ask your lawyer or call your local OSHA office.

Start Rebuilding Your Future

Losing a loved one in a construction accident can be devastating. You might feel unsure about how to move forward and overwhelmed with feelings of grief. No lawyer can turn back the time; however, we might help you to recover monetary damages that can be used towards the rebuilding of your future.

After sustaining a serious injury in an accident caused by someone else, you may realize you need a personal injury lawyer, but exactly how can one help you? Lawyers are asked this question frequently and feel it’s important for clients to understand their rights under the law and how they can protect their rights. Below is a general overview, but we encourage victims to seek a lawyer for a no-cost consultation with an experienced personal injury lawyer who can offer guidance specific to the circumstances of their case.

Valuation of Your Injury Case

Very early in the process, perhaps during the first consultation, your personal injury lawyer can provide you with an estimate of how much compensation you might receive with a successful claim. With the insight of an experienced personal injury attorney Longwood, FL relies on, you can make informed decisions about whether or not to pursue a claim and legal strategies that will offer the best chance for recovering your damages.

Settlement Negotiations

What many injured victims do not realize is that recovering compensation for your damages from the responsible party does not always lead to a lawsuit. Very often, a personal claim results in a settlement and the case never has to go to trial. Your lawyer will keep you up to date on the progress of your claim as it moves forward. Every case is different, but it will likely follow these steps:

1. Documentation and collecting proof. A personal injury claim must include sufficient proof of liability as well as establish the seriousness of your injury. Your personal injury lawyer may collect some or all of the following:
2. Witness statements regarding the accident.
3. Photographs of the accident scene, your injury, and any other pertinent information.
4. A copy of the police report.
5. Copies of your medical records with relation to your accident injury.
6. Your personal testimony about how the accident injury has negatively affected your daily life and quality of life.
7. Proof of employment and annual wages in order to determine how much income you are losing during your recovery period.
8. Submittal of personal injury claim. Your personal injury lawyer will submit the completed personal injury claim to the insurance company of the at-fault party.
9. Settlement negotiation process. Once the insurance company has had a reasonable amount of time to review the claim, your personal injury lawyer will initiate the settlement negotiations. The goal is to recover enough compensation to cover all of your injury related costs. An itemized list of your damages will have been submitted to the carrier as part of your claim. If the carrier refuses to offer a fair settlement amount, the claim may be escalated to a lawsuit that your personal injury lawyer will file with the appropriate court.
10. Lawsuit. If a fair settlement was not offered to you, a lawsuit may ensue. Your personal injury lawyer can provide an estimate on how long the trial may last once the Court has scheduled a start time. Very often, settlement negotiations resume before the conclusion of the trial because the insurance company desires to minimize costs and negative publicity. Even before the trial is over, you may have the opportunity to collect fair compensation for your damages.

 

The main intention of a trust is to create a document that lists how distribution of property, assets and treasures are to be passed on to surviving loved ones. A trust lets the person decide which of their items goes to whom, and how their remaining monetary assets are to be divided. Unfortunately, despite the best of efforts, issues with the trust can happen, resulting in the need for trust litigation. When this occurs, it can help to have a trust litigation lawyer guide you through this very complicated and emotional proceeding.

Why Trust Litigation May Be Needed

There may be a need for trust litigation if the person who established the trust did not truly have the legal ability to do so. During the trust litigation process, the legitimacy of the trust is evaluated. Trust litigation may also be required if there was a chance that coercion or persuasion by another person was a factor, which hindered the person making decisions based on his or her own free choice.

How Trust Litigation Becomes a Complex Issue

During trust litigation, it is not uncommon for many petitions or complaints to be needed before the process occurs. An attorney can help you decide if any of your complaints should be filed. Examples of petitions that can be submitted from beneficiaries or loved ones include the following:

• Elder Abuse
• Undue Influence Claims
• Creditor’s Claims
• Capacity Issues
• Probate

Hiring a Trust Litigation Attorney

Trust litigation is not a process you want to go through alone, without representation. Your issue may require more than what the average estate planning attorney can provide. Your chosen attorney should have experience in laws that govern trusts, probate and litigation procedures.

When Trustees File a Claim

A trustee is viewed as a fiduciary, and has the legal responsibility to protect all assets, property and belongings that are listed in the person’s trust. The trustee must oversee the trust and confirm there is compliance of the terms listed. An attorney can also be appointed as the trustee. Many people choose this route when they feel their attorney has their best of intentions at heart. If there were unlawful influences that interfered with the person creating a trust which reflected their true wishes, the trust may have to go through trust litigation. Examples of these influences can include if someone abused the person financially and pressured them into certain statements in the trust, or if the person was of senior age and may not have been competent at the time.

During this frustrating and potentially agonizing time, it is best to consult with a trust litigation attorney for advice. We understand the importance of making sure your loved one’s wishes are carried out how they truly would have wished.

 

As a business owner, you have likely considered the  possibility of business litigation. You may even have insurance coverage for the costs associated with business litigation. Perhaps you have even been a party to business litigation over a dispute that arose regarding your business. Especially if you fall into this last category you know exactly how costly and stressful it can be to engage in business litigation. Even if you are the party initiating the lawsuit, business litigation can take time and money that you would rather avoid having to spend. So, you may be wondering, “What is the best way to avoid business litigation?” There are several good answers to this question, but this article focuses on one: Draft Strong Contracts.

 

• Contracts are essential to many parts of your business. Contracts are, no doubt, part of your daily business practice. Whether it is a contract for the sale of goods, employment contracts, or contracts for your services, contracts are essential to any business.

 

 

• It can be easy to overlook the importance of contract terms. Depending on the law in your state and the subject of the contract, you may not absolutely need a written contract. Even if you are required to have a written contract, you may be tempted to scratch something out on paper, or to use a template you found online to get the job done. Because you are likely dealing with so many contracts, you may feel like you do not have time to consider all the “fine print” when drafting or agreeing to contract with someone else.

 

 

• A large percentage of business litigation is related to contracts. Business litigation often arises when you are sued for breach of contract or when you need to file a lawsuit against someone who has breached their contract with you. However, much of this litigation can be avoided or simplified by having clear, concise contract language that specifies all requirements from both parties to the contract.

 

 

• You can reduce the number of times you must litigate and, if you do have to litigate, you can simplify court proceedings by drafting a clear contract for each transaction.  You should write all contract terms carefully, including dates, times, amounts, and any “side agreements.” By having a contract that correctly and clearly identifies the terms of your agreement you will reduce litigation by setting clear expectations. If you do end up in litigation, you will have a clear memorial of your agreement to show to the court. A qualified business attorney can advise you regarding what information you need to include in your contract to make it comprehensive and also to make it valid under your state’s law.

 

Remember, the best way to protect your business, including protecting it from potential litigation, is to consult with a qualified litigation lawyer Melbourne, FL. An experienced business litigation attorney will be able to offer you advice on a variety of topics including how to draft contracts that strengthen your business and shield you from unnecessary litigation.

 

Most of us know just how dangerous it is to use a cellphone while driving. The awareness of how risky this habit is has raised over recent years, as more and more collisions have happened because of it. It only takes a fraction of a second for a driver to become distracted while reading a text, to cause an accident of devastation. Even still, there is a small percent of drivers who use their phone while driving on a regular basis. Sadly, being so attached to this gadget may not only change the life of the driver for the worse, but an innocent person on the road as well.

Here in this article, we have answered a few questions people may have about why exactly this handheld device is so hard to distance ourselves from, especially when operating an automobile.

What if someone wants to break their cell phone use habit, what can they do?

The fact that a person is aware of themselves and wants to break a potentially harmful habit when behind the wheel, shows they do not want to be responsible for the loss of their life, or someone else’s. A few tactics you can utilize to help yourself not reach for your phone when driving are listed as follows:

1. Try to be less attached to your phone even when you are not driving. Spend an hour or more everyday disconnected from your phone. The average person checks their cellphone about fifty or more times per day, and they may often do so just as an automatic response.
2. If you are in the middle of a conversation via text, email or phone call, let the person know you are about to drive and will reach back out once you have arrived at your destination. This person will probably respond with much appreciation that you decided to not drive distractedly.
3. Keep your cell phone in the glove compartment locked away, and on silent or off. Even leaving your phone on buzz could distract you if you hear something vibrating in the glove box. It is best to just turn your phone off completely.

What is it about driving while using a cell phone that makes it common?

Nowadays, cell phones offer us most of what we need only within an arm’s reach. We use our cell phone as means of information, getting directions, tv shows, music, ordering food, paying our bills and more. When so much of what we need is within this little technology gadget, it makes sense that we have a hard time parting without it for a period of time.

What should I do if a driver hits me because they were on their cell phone?

You can consider seeking help from a car and Tow Truck Accident Lawyer residents count on about the accident, especially if you suffered substantial injuries and losses. Many people may turn to legal action in order to seek compensation for medical bills, vehicle repair costs, diagnostics, treatments, prescription medication and loss of pay due to missing work for recovery.

 

Asbestos refers to a group of six natural minerals made up of fibers that are resistant to certain chemicals, heat and fire. Because of these properties, they were once used in an array of products, such as fireproof gear and building materials. Since then, however, it was discovered that asbestos exposure was linked to severe health risks. In the 1970s-1980s, strict regulations were placed on asbestos and its use in products was halted. Asbestos was not banned or required to be removed, so today it remains in many homes, workplaces and products. In fact, many professions today are at risk for asbestos exposure. These harmful particles are colorless and odorless, so it is hard to know if you are being exposed. The following are some of the professions at risk of asbestos exposure.

Firefighters

When a building is on fire, the burning of materials like insulation, drywall and
ceilings could easily cause airborne exposure to asbestos. Firefighters
entering a burning building are at an increased risk of inhaling the particles.
Even after the ordeal, a firefighter can be exposed to asbestos particles that
remained on the fire gear and equipment.

Construction Workers

Asbestos can easily be disturbed and released into the air by any type of construction
work, such as demolition or renovations. When construction workers are on a job
site, they are at high risk of asbestos exposure, simply by inhaling dust and
debris from construction and may want to consult with a workers compensation attorney Long Island residents rely on.

Plumbers

Sewer pipes, flues and gaskets may potentially contain asbestos, meaning that
plumbers handling them are at risk of exposure. Even if they don’t contain
asbestos, the removing and installing of plumbing parts can easily disturb
building materials that do contain asbestos.

Electricians

Just as other professions that deal with renovations and building materials,
electricians are also at risk of exposure. Whether by working in a construction
zone or working within the walls, an electrician can easily inhale asbestos-containing
particles.

Shipyard Workers

Asbestos was heavily used in the shipbuilding industry because of its heat resistant
properties. Today, many of those materials still contain asbestos, leaving
shipyard workers at high risk of exposure.

What to do if You’re Exposed

Over the past several decades, a number of health risks and diseases have been linked
to asbestos exposure. Among these are pleural mesothelioma and other potentially
fatal cancers and lung illnesses.

If you are employed by any of the following professions, you could be at risk, so it is important to take the necessary safety precautions. Even working in an office building built in the 80s could leave you at risk of asbestos exposure. Any damages to asbestos-containing materials can lead to air exposure of the particles. If you believe there is asbestos exposure in your workplace, you should contact a professional asbestos remover. They can evaluate the building for asbestos-containing materials and determine if any has been damaged. In addition, they can safely remove any asbestos in the building.

If you believe you have been exposed to asbestos at another party’s fault, you may be entitled to compensation. A personal injury lawyer can review your case and help you determine the best course of action.

 

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Thank you to our friends and contributors at Polsky, Shouldice & Rosen, P.C. for their insight into personal injury.

The motivation for many motorcycle riders is to enjoy a cruise around town, as a way of getting to work and back, or even as a sport. One thing a rider must think about is how to prevent injuries from happening to them while on two wheels. A threat for many vehicle drivers is the slick and slipperiness of the road caused by rainfall. This same threat applies to motorcycle riders too. Here we have answered frequently asked questions about how to play it more safe when riding while in, or after the rain.

 

When is riding a motorcycle in the rain most dangerous?

The road can be most dangerous when it rains after a few days of dryer weather. The layer of oil on top of the roads can make sharper turns and sudden movements riskier. If possible, it may be best to opt out of riding at all during rainy weather. If you are not able to avoid the rain, then wait at least a couple of hours before venturing out onto the roadway after the rain starts. In this way, you are giving the rain a change to wash away the oil, grit and grime off the pavement.

 

What should a rider watch out for during rainy seasons?

During colder seasons where rain is prevalent, a rider must be extra alert and aware at all times. Practice defensive driving, as vehicle drivers are at a risk of hydroplaning and may not be practicing safe maneuvering while in the rain. Be wary, as surfaces are at their most slippery when wet, especially when combined with oil. As tempting as it may be to splash through puddles, you may not know just how deep the crevice truly is.

 

Does a rider need to practice braking any differently in the rain?

It may be helpful for a motorcyclist to use more of the rear brake when riding in rainy conditions. It is always a good idea to permit plenty of area between you and another rider or car regardless of weather. But, this can be particularly true during the rain. In case you hydroplane or temporarily lose control of the bike, you will need more space to prevent from hitting the back of another vehicle. The distance needed to brake safely while in the rain can be dramatically longer than you may think. Ride at a slower speed and try to avoid heavy-weighted braking. If you must suddenly brake to avoid a threat or accident, pump the brakes to help prevent hydroplaning.

 

Are there helmets made with wipers installed?

There are some motorcycle helmets on the market that are equipped with wipers. Another option is a rider can buy a spray water repellent for helmets to increase level of visibility and lessen the accumulation of water sticking.

When riding in the rain or immediately after a downpour, a motorcyclist must be overly careful. Not only must a rider be aware of slipperiness, but other drivers who may not be driving how they should during the rain. Many car drivers still operate a vehicle as they normally do, not taking into consideration the additional risks. If you find yourself in a motorcycle accident, it may be in your best interest to reach out to a motorcycle accident lawyer Dekalb County GA residents trust.

 

Planning one’s estate is important for many people, but as a small business owner, you have additional reasons to consider undertaking this important step. Those reasons include your responsibility to your employees, business partners, and customers. When a business owner dies without leaving a continuation plan in place, it can be devastating for all of the people who depended on them. An estate plan is one tool that can be used to make sure the company’s assets and the business itself, continue after your passing.

An estate planning lawyer can review your professional circumstances and your desires for how you’d like your company to carry on after your passing. Though estate planning cannot adequately address all of the business concerns of a company, it can help tremendously when it comes to saving your heirs money when it comes to estate taxes. Talk to an estate planner to find out more. Below is some general information about tax issues and other reasons to consider planning your estate sooner rather than later.

Minimize Estate Taxes

Your estate planning lawyer can confirm if this will be true in your case, but an estate tax can be as much as half the value of the business and your heirs might have to pay that within nine months of you passing away. It may require them to sell your business, and depending on their financial situation, it might mean they sell your business for far less than it’s actually worth in order to meet their tax obligation.

One approach to solving this dilemma is to take advantage of existing federal tax breaks (Sections 303 and 6166) which are intended to reduce the tax burden on small business owners. However, there are caveats.

• Your heirs can only use these breaks once.
• For Section 6166, your company’s stock value must be more than 35% of the value of your estate.
• Your estate planning lawyer can tell you if the executor of your estate will be eligible to pay the estate tax annually over 10 years instead of all at once within nine months of your passing.
• Under Section 6166, the first tax payment will not be due for five years.

Asset Control

If you pass away without a will or trust in place, and your business assets are only under your name, then very likely all of your business’s assets will enter the probate process. They are then subject to a judge’s discretion as to what happens to them. Your debtors may lay claim to them in order to recoup their money. Others may also decide to take this step for any number of reasons. Without those assets, your business will likely fail and through no fault of those who stepped up to take your place. This scenario can be avoided with the help of an estate planning lawyer Abingdon, VA residents trust. By placing certain assets in a trust, co-owing the business or assets, and by taking advantage of other estate planning tools, your heirs and survivors minimize the risk of losing everything.  

 

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Thank you to our generous contributors at The Law Offices of Mark T. Hurt for the above information.