The Debate That Changed My Life

The Debate That Changed My Life

Avoid These 3 Things In Your Divorce Case

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Marriage is supposed to be a sacred covenant between two people. You say your vows and expect to spend your lives together. Unfortunately, there may come a time when one of the spouses ends up straying and breaks that vow. While it doesn’t happen all the time, it happens more often than you think. Divorces are actually quite common today. Whether it be because of infidelity, money, or personal issues, a divorce case can be confusing and downright frustrating for the other party. To help you get through your case as quickly and painlessly as possible, avoid making one of these costly mistakes. Talking badly about the other person in front of the children. While you might be upset at the other person, you cannot go around discussing your adult affairs in front of the children. Your children need to know how much you care about them. They need to know that they are not the reason this whole thing started in the first place. It is up to you to make them feel loved and wanted, not stick them in the middle of your bitter divorce case. Adult matters should never be discussed in front of the children. Keep all of the negativity to yourself when the children are around. Attempting to hide assets from the court. While it might be natural to try and hide money from the other party to prevent them from robbing you blind and taking even more from you, you have to be honest about the assets that were acquired during the marriage. It is then up to the court to determine who is going to get what. Not knowing the value of the assets. Another thing you need to know is how much an asset is worth. Knowing how liquid an asset is can go a long way in making sure you get the settlement amount you should. It isn’t going to do you any good to get the house if you don’t have any other liquid assets that you can use to pay for it. Equal liquidity is important to making sure you both walk away with an equal share. By not making one of the errors above, you can get through your case and move on to other things that are more important and less stressful. Allowing your divorce attorney to work for you and get to the bottom of your case can help alleviate some of the frustration you might be...

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Three Keys for Understanding and Getting a Real Estate Lawyer

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As you either shop for or manage the transfer of real estate, whether residential or commercial, it is vitally important to hire the best representation. You’ll need to hire the help of a real estate lawyer who is able to help you mitigate legal pitfalls and put your best foot forward when closing a property. With this in mind, take the information in this article into account so that you can do your part in hiring a quality real estate lawyer.  Know How a Real Estate Lawyer Can Help You You may be in the middle of a real estate deal and wonder whether hiring a real estate lawyer is worth the expense or not. You can never go wrong hiring a professional attorney for these transactions because they bring with them a host of benefits. For one, you will have the peace of mind of knowing that your attorney is working hard to vouch for your legal rights through the entirety of the deal. They will be with you in the initial research phases and at the closing, protecting you every step of the way. Since they are not agents trying to get a commission, your attorney is purely an impartial party and only acts in the interest of legal matters. This lets you step outside of the fantasy and romanticism of purchasing a home and concentrate on strictly fact. Make Sure to Hire the Most Credible Real Estate Lawyer As you look to hire a real estate lawyer, there are some points that you should keep in mind. For one, be sure that they have been practicing real estate law for a number of years, and verify their credentials with the American Bar Association. Get specific examples of real estate cases that are similar to yours that they have tried. Working based on references gives you the opportunity to know exactly what kind of standing the real estate law firm has in the community so that you can act accordingly. Find Out the Fees Your Real Estate Lawyer Charges Make sure to get a breakdown and thorough list of every fee and service your attorney will provide you so that you are not in the dark on such issues. It is also vitally important that you know which attorney in the firm you will be speaking with on the case. Many firms staff a number of lawyers, so you may be seeing a different face for different matters. Knowing this ahead of time is crucial to the success of your case. Keep these tips in mind as you look to wade through your next real estate deal. Touch base with a real estate lawyer who can help you as soon as possible. Contact a firm like Colin W. Robinson Attorney...

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Bitten By A Loose Dog? Follow These Steps

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If you are out and about — such as taking a walk around the neighborhood — then the last thing that you should have to worry about is getting bitten by someone else’s loose dog. However, if this does happen, you are going to need to seek medical attention and potentially hire a personal injury lawyer to help you ensure that your costs are covered. It will be important to identify the owner of the dog, but this can be tricky if the dog is loose when you are bitten. Luckily, following these steps can help. Write Down a Physical Description To ensure that the right dog is blamed for the bite, take down a physical description of it. This should be done as soon as possible after the bite so that you don’t forget anything. Take down identifying markings, such as a white chest or a noticeable scar. This will help prevent the owner from later saying that it was someone else’s dog. Snap a Photograph If possible, snap a photograph of the dog. Make sure that you do so from a safe distance; it’s not worth it to put yourself at risk to gather evidence, but a photo can be helpful in proving which dog was to blame for the bite. Talk to Neighbors If you aren’t sure who the owner of the dog might be, you can always talk to the neighbors. There is a good chance that the neighbors will know who owns the dog and can give you contact information. Plus, it’s a good idea for the neighbors to be aware of the fact that there is a dangerous dog in the neighborhood. Call Animal Control It’s important to call animal control as soon as possible after the incident. This is important for a few reasons: Local animal control officers might know who the owner of the dog is, particularly if the animal has bitten other people or caused other problems in the past. Animal control can pick up the dog to ensure that it does not bite anyone else. The owner of the dog might contact animal control to look for the dog, which can allow you and your lawyer to find out how to proceed with your case. The dog can be tested for diseases, and its vaccination history can be verified. Being bitten by a loose dog can be a very scary thing. If you follow these steps afterward, you can help ensure that things go as well as possible. Contact a law office like Randall A. Wolff & Associates, Ltd to learn...

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Factors That Determine Whether You Can Keep Two Cars During Bankruptcy

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Keeping a car during bankruptcy is possible. Keeping two cars is also possible but harder than keeping one motor vehicle. Here are three factors that play a part in determining whether you can keep both vehicles: The Amount of Equity on Your Car Normally, motor vehicle exemption protects a certain amount of car equity from your trustee’s hands. Your car’s equity is the difference between its worth and what you still owe on it. For example, if your car is worth $7,000, and you still owe $5,000 on it, then its equity is $2,000. This figure is important because it determines how much money you need to pay into your Chapter 13 so that you get to keep both cars. When you file for bankruptcy, your estate property (any property that isn’t exempt) goes into paying attorney fees, settling debts, and other related costs. To keep your cars, you need to put an amount equivalent to their equity into the estate property pot. The higher the equity is, the more difficult this will be to do. Distribution of the Equity It is not just the amount of the equity that matters; even the manner of the distribution is important. It is easier to keep both cars if one is paid for than if you are still servicing both payments. Paying for two cars is difficult, and the trustee may feel that this will strain your finances and interfere with your commitment to the bankruptcy plan. Your Need For The Cars It’s not just a question of whether you can pay for the cars; it also matters whether you really need them. Anybody who is filing for bankruptcy has already admitted to a financial problem, so any unnecessary financial obligation must be nipped in the bud. For example, if you own two cars, then you need to prove that having only one car is detrimental to your success. For example, if you use one car to commute to work, and your spouse uses the other one for a side business, then you may be able to keep both. However, it will be difficult to hold onto both of them if you use one for work and reserve the other one for recreational use over the weekends. Most trustees will tell you that you don’t need the latter. It’s difficult to keep both cars, but it isn’t impossible. Early planning in collaboration with your bankruptcy attorney is necessary to boost your chances of success. Don’t forget to be brutally honest with the lawyer to help him or her help you best. For more information, speak directly with professionals like the Reppe Law...

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4 Signs It Is Time for a Divorce

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If you have been thinking about divorce for a while but haven’t quite made the decision, it can be hard knowing when it is time. There are some signs that might indicate now is the right time to see a lawyer and file for divorce, including the following. You Don’t Get Emotional about the Thought of Divorce You might have noticed that when you used to think about divorcing your spouse, you went through a series of emotions. You felt regret, sadness, and longing for the marriage you once had. While any divorce is an emotional and stressful experience, your emotions often change when you have accepted that this is the best course of action. You might still feel some sadness over no longer being with your spouse, but you notice all of your actions aren’t necessarily fueled by the same emotions that they once were. You Don’t Threaten Divorce during a Fight This might seem like you are headed in the opposite direction, but many people that threaten divorce during a fight don’t actually want a divorce. It is often said out of anger and frustration, and actions to file for divorce rarely follow the fight. Many people who truly are thinking about getting divorced will wait until the fighting is over and have a calm discussion about it with their spouse. They take action and think seriously about what they will do after filing. This is not the same thing as shouting something in anger. If you no longer threaten it but have seriously considered it and taken action, it might be time to speak to a lawyer. You Have Researched Divorce Lawyers A big sign that it might be time for a divorce is if you have actually begun taking actions, such as researching divorce layers. This is one of the first things you will do when you have made a decision to file. Even if you haven’t scheduled an appointment or spoken to one yet, the fact that you have researched them is a step toward dissolution of marriage. This doesn’t mean you can’t go back on your decision, but that you might be ready to take the next step and discuss it with your spouse. You Feel Like You Don’t Have Control If you feel that your spouse has control over your life, and you no longer do, it might be time for a divorce. This is a common reason why people file. You may feel as if your life belongs to someone else and that you want your life back. That you are not living it as fully as you could. You might also feel that the constant fighting and bickering is leaving you feel alone, even though you’re still married. These are all signs that you could be headed toward divorce. For more information, consult a divorce...

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Would Failing To Properly Administer Birth Control Be Classified As Wrongful Life Or Medical Malpractice?

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An article on the Newser website details an unfortunate situation where a woman was given a flu shot rather than her normal birth control medication and became pregnant as a result. While the article states the woman has filed a wrongful life lawsuit against the health clinic that made the mistake, this type of error may be better litigated as a general medical malpractice. Here’s more information about these two legal theories to help you understand why. Medical Malpractice Defined Medical malpractice is a general term used to describe negligent actions on the part of healthcare providers. A doctor, nurse, or other healthcare provider who agrees to treat a person is legally liable for providing the most competent care available. If a medical professional fails to adhere to the minimum level of care required by his or her profession, the person can be held liable for damages and injuries that result. To prove medical malpractice, you must show that four specific elements are true: The medical professional owed a duty of care to the patient The person failed to adhere to the standards of care The patient suffered an injury as a result The patient sustained compensable damages because of the negligence For instance, a man died in Germany because the surgeon allegedly left 16 pieces of medical equipment in his body after performing prostrate surgery. In this situation, the surgeon’s failure to no medical tools were left inside the patient would qualify as medical malpractice because the doctor failed to perform his or her duty, the patient died, and the patient’s family suffered the loss of his company and financial contributions. What is a Wrongful Life Claim? While a wrongful life claim is classified as medical malpractice, it is a term that addresses a specific type of negligence. Particularly, this type of claim is usually brought against a medical professional by a child with birth defects who alleges that he or she would not have been born if it hadn’t been for the negligent actions of the healthcare provider. It specifically addresses a medical professional failure to detect a child had birth defects or to advise the parents of this information, thus denying the parents the choice and opportunity to halt the progression of the pregnancy. In addition to proving the requirements of medical malpractice, the plaintiff also has to prove that he or she would have been better off not being born in the first place. Not very many states allow this type of claim because the purpose of personal injury lawsuits is to return the injured party to the same position he or she would have been in if the injury hadn’t occurred, which is not possible in a wrongful life case. Although the idea behind a wrongful life claim appears amendable to suing a healthcare provider for not properly administering birth control, especially if the child is born with birth defects, it doesn’t really address the actual negligent act. Wrongful life addresses a healthcare provider’s failure to notify parents of problems with the pregnancy, not a failure to properly administer medication to prevent pregnancy. Additionally, wrongful life is usually filed by the child or on the child’s behalf. Failure to administer birth control properly is an injury against the parent. If you are in a...

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Urban Agriculture: What You Need To Know About Raising Honey Bees

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Urban agriculture is becoming more and more popular these days. For some, this may come in the form of rooftop gardens. For others, it may come in the form of a hipster hen house. For those who enjoy fresh and organic honey, beekeeping may come into play. Read on to learn more about hipster beekeeping and the effect local and state laws may have on your fun. Are Bees Dangerous Animals? As a property owner or even renter, you need to make sure that you are aware of any potential liability of the pets that you have. Animals can cause injuries, which could make you liable for the damages that occur as a result. Owners of animals that are deemed “inherently dangerous” will often face very strict liability for animal-inflicted injuries. In some areas, this refers to pit bulls. However, it could also include any animal, including a horse that bites. In San Francisco, the law exempts honey bees from being considered potentially dangerous or wild. However, not all cities and states offer this type of protection, so it is crucial that you check with the city and county to see what protection, if any, they offer for domesticated bees. This is important even if you are extremely careful with your beekeeping, as mistakes happen and your bees could get loose. Are Bees Considered a Nuisance to the Public? Depending on its location and character, your bees could be considered a public nuisance. In New York, the state tries to make things easier for city beekeepers and the public by requiring registration of the location where hives are being kept. They also outline a few nuisance situations, which include abandoned hives, overcrowded hives, bees that interfere with people in or around the premises of the hives and objectionable or aggressive behaviors of the bees. Even if your local law doesn’t have a specific stipulation for beekeeping, it would be in your best interest to simply avoid these practices to hopefully keep yourself from being named in a public nuisance lawsuit. Speak to Your Landlord Sometimes, the easiest thing you can do is consult with your landlord if you are renting your property. They can let you know hands-down whether or not they expect bees on their property. In fact, having bees in your home or anywhere near your home for personal gain and on purpose may actually be a clear violation of your lease. If you’re concerned whether or not beekeeping is something that you can do within city limits, or you would like to find out how to go about getting into this particular type of urban agriculture the legal way, get in touch with a real estate lawyer like one from Iannello Anderson who can help point you in the right...

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What Must Be Proven To Charge A Person With Burglary?

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When a person commits burglary, he enters a home or other building illegally with the intent to commit a crime. Being charged with a burglary is considered a felony and remains on a person’s permanent record. To charge a person with burglary, there are different factors that must be proven. This involves providing evidence to show that each aspect of a burglary occurred and convincing the court system that it happened. These are the points that must be proven to bring burglary charges against a perpetrator.    Unauthorized Entry of a Home or Building  First, it must be proven that the alleged criminal entered the home or building without permission. If it is a private home, the accused person must have entered it without the permission of the owner. If it is a public business, he must have entered while the business was closed or during business hours with the intent to commit a crime.  However, in some cases the burglar does not have to be completely inside the building to be found guilty. For instance, if an alleged criminal reaches his arm inside a store or other business and demands a clerk to empty the cash register at gunpoint, this too warrants a burglary charge. Forced Entry  In some states, forced entry must be proven to be considered burglary. Although this does not mean that a door lock or window has to be broken to gain entry. Simply turning a door knob is considered forced entry if the person entered the home or business with the intent of committing a crime. Some states have also done away with the proof of forced entry being required for burglary. If a person walks through an open door of a home or business and commits a crime, this is still considered a burglary charge. Criminal Intent  Criminal intent must also be proven to bring burglary charges against the accused. While the criminal intent to steal is a common situation in burglary cases, this can also be proven if a theft does not occur. If an unauthorized person enters a home or business and destroys personal belongings of the homeowner or products that the business owner could otherwise sell, this is also considered burglary. The value of those items that are lost is the same as stealing items that are of the same worth. In some cases, a person can be charged with burglary if he breaks into a building and gets caught trying to steal or vandalize a home or building. However, this charge may be lowered to attempted burglary which may be considered a felony or a misdemeanor depending on the state the crime occurred in. For further assistance, contact a local criminal law attorney, such as one from Larson, Latham, Huettl...

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Frequently Asked Questions About Passports For Children From Divorced Families

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Summer is here and parents everywhere are planning vacations and travel. For parents who are either recently divorced or who are undergoing a divorce, this can be a tricky time. Getting a passport for your child either during a divorce or after a recent divorce settlement can involve getting the cooperation of your ex-spouse. The commonly asked questions and answers found below can help you get the passport for your child before your upcoming summer vacation.  Q: Will I need to get permission from my current (or ex) spouse in order to obtain a passport for my child? A: Children under age 16 cannot get a passport without the consent of both parents. The U.S. Department of state requires both parents to show up in person in to apply for the passport. However, if you’re currently going through a divorce and your spouse is unwilling to show up to apply for your child’s passport with you, you can still apply for your child’s passport by having him or fill out a notarized Statement of Consent form. Without this form, you will either need a court order giving you permission to apply for the passport alone, or you will need proof that you are the sole guardian of your child. This proof may include:  Death certificate of the other parent. Declaration of incompetence of the other parent. Court order declaring that you have sole custody of your child. Q: Can I get a passport for my child and leave the country if my custody case is still unresolved?  A: In addition to fulfilling the passport requirements stated above, you’ll need to get permission from the judge overseeing your case before taking your child out of the country. Consult with your divorce attorney before seeking permission from the judge to find out if this will affect your case.  Q: What if my spouse refuses to sign the Statement of Consent form?  A: In some cases, the judge may bypass your spouse’s signature (or ex-spouse, whichever the case may be) and sign the Statement of Consent form. You can bring your statement of consent form to the judge and ask him or her to give you permission to leave the country with your child. If he or she does not grant you permission, you will not be able to legally take your child or children out of the country. For more information and advice, speak with a divorce attorney like Finocchio & English. He or she will be able to answer your questions and give you guidance as you try to make arrangements to leave the country this...

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The Consequences, And The Hidden Consequences, Of A DWI Charge

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The consequences of a DWI/DUI reach further than most people know. These types of charges can literally ruin someone’s life. They’re not the kind of charges that fade away after their court ordered consequences have ended. First Time Offense Penalties The penalties for a DWI vary by state, but in general, here’s what you can face for a first time offense. Fines – First offenses often come with a fine. That fine can range from a couple of hundred dollars to closer to one-thousand dollars. License Suspension/Revocation – This can last anywhere from a month to a year. In some cases, if you refuse to take a chemical test, you automatically face a license suspension no matter what your BAC level is. You may also have to pay a fine after the suspension period to reinstate your license. Jail time – First offenses don’t always come with jail time. If you do receive jail time, it can be as little as a few days or as much as about six months. That’s because a first offense is typically a misdemeanor. Although, if you injure someone or if your BAC is at an exceptionally high level, the charge can become a felony charge. Felony DWIs come with, More penalties and more jail time More social, occupational, and personal repercussions Possibly a civil suit if you caused property damage Confiscation – Most states won’t confiscate your vehicle on a first offense, but there are several that do. Once again, you may have to pay a fine to retrieve your vehicle. Since you have a suspended license, retrieval can become an expensive hassle if you have no one that can help you pick it up. Other consequences – There are many other consequences that can occur as well. You may have to go to a facility such as a treatment, education, or assessment center. The court may require you to use an IID for a length of time. There’s also the possibility of community service. The Hidden Consequences of a DWI Charge There are also hidden consequences. These things happen outside of the court and can affect your life in unforeseen ways. Your insurance Your insurance carrier may drop you New insurance carriers will be hesitant to pick you up Your insurance rates may skyrocket You may need SR22 Insurance Your job You can lose your job Some jobs won’t hire you if you have a DWI on record No travel to work or other places without help or money Day-to-day living Even your daily life can suffer. If you go to jail, who will pay the bills or take care of things at home? While you’re under a suspension, how will you get to the places you need to get to? Keep in mind that this can all occur from a single, first-time charge. That one charge, if you don’t fight it, can potentially become a problem that lasts a lifetime. That’s why it’s important that you do fight it. If you’re facing a DUI or DWI, then you need to speak to a DWI lawyer immediately. Go to website to learn...

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