Making Sense Of DIY Divorce

Filing divorce paperwork against your future ex-spouse doesn’t necessary mark the end; it could carve out a bright, new beginning. While the road ahead won’t come without its fair share of bumps and surprises, being well prepared helps to make the process bearable. Here are four crucial steps for making your DIY divorce as civil, amicable, and fair as possible.

Submitting Your Divorce Petition

In order to get the process moving along, you will need to formally submit your divorce petition in the appropriate court. Divorce petitions can be lengthy, but are generally easily navigable. After you have completely filled out your divorce petition, you will then need to ensure that your spouse is served with a certified copy. 

Understanding Legal Separation

Legally married couples who intend to divorce must also file separation paperwork. Divorcing couples can continue to live together, but they must acknowledge that they are living their lives separately. Filing for separation enables divorcing couples to request financial support, which can be vital if the other party is not being cooperative. Legal separation is often the first required step in formally filing for divorce.

Division Of Marital Assets And Debts

All assets acquired during the course of a marriage are subject to division. What this means is that property, pensions, businesses, income and even inheritances can be divided between yourself and your spouse in the manner that the court deems appropriate. Disclosing all of your tangible assets and financial obligations early on in the process will help you to get a fair divorce settlement.

Transitioning Into A New Life

Many divorcees are able to anticipate the drastic lifestyle changes that often come as a result of divorce, but even the most well prepared parties need time to adjust to living independently again. Consider whether or not you will need to downsize in order to maintain your standard of living so that you can plan to move, sell property or look for better employment opportunities. Having a set budget will aid you in making major life decisions related to your divorce.

Signing On The Dotted Line

Until all involved parties have signed off, your divorce paperwork will not be final. The good news is that you can always amend your divorce petition and submit new supporting documentation if you feel that a modification would be beneficial. Once your divorce decree is final, you will have the freedom to take complete control over your life again.

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Going For More Child Support

You’ve been divorced for years, and most of the hard feelings are long gone. You really appreciate the fact that things are on an even keel. However, your ex is making a lot more money than they did when the child support agreement was made. Things are only getting more expensive, so should you ask for a child support modification? It may be worth making waves to financially protect your children. Here are some things that may impact future child support payments.

Qualifying Circumstances

Just because your former partner has had some financial luck doesn’t mean you can automatically raise the support payments. States have different criteria for raising child support. In a few states, your former spouse winning the lottery would be enough for your support to increase. However, many states have a two-prong approach. You have to prove your ex is making more money and that you are making less. Or you may need to show that your child’s financial needs have increased or demonstrate some combination of different financial changes.

Fortunately, you may be able to avoid formal court proceedings by negotiating with your ex and their lawyer. If you have a good relationship, simply showing financial need to your children’s other parent may be enough to convince them to cooperate. Most parents want their children to be adequately supported.

Reductions

This process works both ways, however. If your income has also increased or your former spouse’s has decreased, they can petition for a decrease in child support. Before you instigate these proceedings, consult closely with your lawyer to make certain you are not opening up the proverbial “can of worms.” If your circumstances indicate that you can benefit from a child support modification, go ahead and seek one.

Relationships

Requesting a child support change may not be worth pursuing if the amount of money is not going to be significant. Some states actually require that the change will be over $50 or more per month. Your legal fees might end up being more than you recoup. More importantly, court proceedings of any kind can strain family relationships. Make sure the process will be financially worth it.

Remember, your children will only be entitled to support until they are 18, or in some cases, until they graduate college. You won’t have too many years to get them the financial backing that they deserve. If they need the support money, and it will make a significant change in their lifestyle, pursue the child support modification. Contact a firm like Novenstern Fabriani & Gaudio, LLP for more information.

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You’re Green Card Is Expiring – What Next?

If you currently hold a green card or permanent resident card, sometimes referred to as a USCIS Form K-551, you are living in the United States legally. Without this document, you will not be able to re-enter the country should you leave. Unfortunately, these cards are typically valid for only 10 years at a time. If you realize that your card is expiring soon, you may be unsure about how to proceed in getting a new one.

What Happens If You Fail to Renew Your Green Card?

If you do not renew your green card quickly, you could find yourself having trouble entering the country again if you choose to leave. Additionally, you will not be allowed to live or work in the United States unless the card is valid. For this reason, you should begin the process of renewing your green card six months before it expires. In order to keep your legal status intact, you must also renew your card when you turn 14 years old.

What Is the Best Way to Renew Your Green Card?

One of the best steps you can take in renewing your green card is to speak with an immigration attorney. These attorneys are situated all around the country, ready to help you renew your card seamlessly.

Some people have cards that are valid for only two years. If this is the case, you must ensure that you file a petition for a new card within 90 days of the expiration date. Following this process, you should obtain a card that is good for 10 years. If you do not see an expiration date on your green card, you should be aware that it is likely no longer valid. You need to seek the assistance of an attorney immediately.

What If You Lose Your Green Card?

If you lose your green card or your current card becomes damaged, you can seek a replacement. You can also get a new card if you need to change some of the information. If you fail to complete the steps to get a new card, you could very well lose your right to be a permanent resident.

The only way to work legally in the United States is to obtain a green card that is valid and unexpired. Failure to do so may result in deportation. Regardless of your current status, consulting with an immigration attorney is a smart way to get the process started. Contact a business, such as The Law Office of Israel S Hernandez, PLLC, for more information.   

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Four Situation In Which Workers’ Compensation Insurance May Cover Your Auto Accident

Most people file accident claims after getting injured in automobile crashes. However, it’s also possible to file workers’ compensation claims for car accidents that occur on the job. Here are examples of situations in which you may file a workers’ compensation claim for a car crash:

Driving Is Your Job

You are entitled to workers’ compensation benefits for your car accident if driving is a normal part of your duties. The most obvious example for this is a commercial driver hurt involved in a crash. However, there are other people who aren’t drivers per se, but their work entails a lot of driving. For example, a risk consultant isn’t a driver in the strictest meaning of the title, but their work may involve driving to clients’ locations.

You Were Running an Errand

Workers’ compensation is meant for injuries incurred on the job irrespective of the nature of those injuries. Therefore, if you are hurt in a car crash, you can file for workers’ compensation benefits even if you were running an errand. For example, if you are a secretary and your boss asks you to pick up a client from the airport, you can file for workers’ compensation claim if you get into a crash on or from the airport.

You Were Hurt on Your Company’s Grounds

You may also be covered by workers’ compensation if the car crash occurs in your employer’s parking lot. This might be the case even if the injury occurred while you were leaving for home, reporting for work or going to or from lunch. However, you may have a hard time getting the compensation package if the parking lot isn’t employer controlled. In such a case, your claim’s settlement may depend on the wording of your employer’s workers’ compensation insurance and your state’s laws on the same.

Making a Choice

Workers’ compensation benefits are likely to be lower than personal injury claim settlements. One reason for this is because workers’ compensation insurance doesn’t cover all the damages a personal injury claim may have. For example, workers’ compensation doesn’t cover pain and suffering while personal injury claims cover the damage. Therefore, it’s wise to evaluate the two and follow the path of maximum benefits.

However, you may not always have the option of choosing which claims to make. For example, if your employer is responsible for your injury, you have no option but to go the workers’ compensation route, unless you can prove that your employer’s actions were intentional.

Lastly, it’s advisable to file a workers’ compensation claim if you caused the accident. This is because workers’ compensation claim benefits are paid to all injured workers regardless of fault.

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2 Ways To Get Compensation If Your Employer Doesn’t Have Worker’s Comp Insurance

Most employers are required by the state to have worker’s compensation insurance. This insurance covers you in case you get hurt at work. It will pay your medical bills and may cover any lost time you have from work. However, most state requirements don’t kick in until your employer hires a certain amount of people. For example, if your state requires an employer to have worker’s comp coverage when they have 5 employees, but the business only has 4 people working for it, your employer isn’t required to have the insurance. That makes getting paid for any injuries harder. If that is your situation, there are a couple of things that you can do. 

State Funds

Many states have established funds that can be accessed by people in your situation. They are usually called something like “Uninsured Worker’s Fund”. Some states also have a temporary disability program that you can get on to help cover your expenses while you are off of work for your injury. To access these funds, you will need to visit your state’s labor board. You can usually find this by contacting the Department of Labor for your state. They will point you in the right direction. The labor board may be part of an employment center in your area. If you are approved for these programs, you may not get full coverage for your medical costs or much money as you would if you were working, but it will at least give you some compensation. 

Worker’s Comp Lawyer

Another option you have is to visit a workers compensation lawyer and start a suit against your employer directly. That suit will allow you to seek the full amount of your medical costs, as well as pain and suffering, and the full amount of compensation for any time you missed from work. Many worker’s comp insurances won’t cover all those things, or cover them fully. Since you are suing your employer, you can ask for more compensation. If being able to ask for full compensation is the upside of taking your employer to court, the downside is that it can take months to get the compensation for your injuries. Until that time, you generally need to pay out-of-pocket costs. Your lawyer may be able to negotiate with your employer for a fair compensation before the case goes to court, which will get you money faster. 

Being injured at work is never a good thing. Being able to get the compensation for your injuries means one less thing you have to worry about.

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4 Serious Consequences Of A Domestic Violence Conviction

Domestic violence charges are serious, and courts around the country are cracking down on those who are arrested for these types of offenses. If you have been charged with a domestic violence offense, it is essential to hire a good criminal defense lawyer as quickly as possible. Failure to have legal counsel can reduce your chances of getting the charges dismissed or being offered a favorable plea deal. Being convicted of a domestic offense charge has serious consequences, such as:

Loss of 2nd Amendment Rights

Few people know that a domestic violence conviction, even if the charge is a misdemeanor, results in a permanent loss of 2nd Amendment Rights. The United States Congress passed the Domestic Violence Offender Gun Ban in 1997, and it does not appear that the law will be repealed any time soon. Under the gun ban, domestic violence offenders are prohibited from shipping, transporting, owning, or using firearms or ammunition. If you are in the military or law enforcement, a domestic violence conviction can threaten your career.

Inability to Get a Fingerprint Clearance Card

Many professions, such as those involved in education, social work, and some medical jobs, require a person to obtain a fingerprint clearance card before they can be employed. If you have a domestic violence charge on your record, you will not be able to get a fingerprint clearance card. In the event that you already have a fingerprint clearance card for your job, you will not be able to renew it if you have a domestic violence conviction. This fact can greatly impact your career, especially if you spent a lot of time and money going to school in order to enter a specific profession.

Difficulty Getting a Good Job

In this day and age, most employers use background checks to learn more about a person before offering them employment. When you have a domestic violence conviction, it will haunt you for a long time and will always show up on any background check that a company does on you. Your conviction may lead to an equally qualified candidate who does not have a criminal record getting hired instead of you.

Problems Renting

Like employers, landlords also use background checks to screen tenants. Having a domestic violence conviction may make landlords uncomfortable or nervous about renting to you, and it is possible that other potential tenants without any convictions will be chosen over you when renting a property. Contact a lawyer, such as Maury K Cutler, for more information. 

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2 Reasons To Hire A Workers’ Compensation Attorney

Trying to file a workers’ compensation claim can be a bit time-consuming and confusing due to all of the regulations and red tape that the process typically entails. However, a workers’ compensation attorney can not only help you streamline the process but also can increase your chances of successfully receiving your benefits. Listed below are just two of the many reasons to hire an attorney to help you with the process.

Increase The Chances Of A Successful Claim

The biggest reason to hire an attorney to help you out with a workers’ compensation claim is to ensure that you have the best possible chance of receiving your benefits. The first thing that your attorney will do is assist you with filing your paperwork and reviewing your application for any errors before it is sent in. This is very important, as seemingly basic or simple errors could cause your application to be denied immediately or increase the amount of time that the entire process will take. 

Another way that your attorney can increase your chances is sending you to multiple doctors so that you have multiple medical opinions backing your claim up. This will not only help you fight any attempts by your employer to have your claim denied, but it will also help to ensure that the severity of your injury is properly documented and presented when you file or appeal a denial. This is vital, as it is not uncommon for an employer to attempt to minimalize or trivialize your injury to limit the amount of money that he or she will have to pay on your claim.

Legal Defense From Employer Retaliation

Your attorney is also going to be available to provide you with legal options if you feel that your employer is attempting to penalize you for filing a claim or successfully receiving workers’ compensation benefits. This type of employer retaliation can take many forms, such as transferring you to a less desirable position without cause, reducing your hours, reducing your wages, firing you, or simply creating a hostile work environment. In that situation, your attorney can contact your employer and remind them that this activity is illegal or assist you in filing a lawsuit.

Contact an attorney like Paul F Guthrie today if you have sustained injuries while at work and need assistance with filing a workers’ compensation claim. An attorney can increase the chances of you receiving the benefits that you require and are entitled to, while also providing you with legal options should your employer attempt to penalize you for filing a claim when you return to work.

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