Although divorces can be be granted for a variety of reasons, ranging from cruelty to a mutual decision by the couple to no longer live together, there are times when a judge is within his or her rights to reject a couple’s divorce petition. Here are two instances when this may occur.
Insufficient Fault Grounds
The legal term “grounds for divorce” refers to a list of reasons the state will approve a separation for. For instance, in New York, adultery is an acceptable reason for a divorce.
Although all states have amended the divorce laws to include some type of no-fault option, there are times when that option is not acceptable or available and you must give grounds for the divorce. For instance, if one spouse leaves and never returns for a period of years, the petitioning spouse must list abandonment as the grounds for divorce in some states.
Sometimes it may be more beneficial to use fault grounds. Domestic abuse survivors may be awarded more money or assets if they claim abuse as the grounds for divorce, for example.
In fault grounds cases, the petitioning spouse must prove his or her claim. If you claim adultery as the reason for divorce, then you must provide evidence to the court showing your spouse cheated on you. If you’re unable to present sufficient evidence backing your claim, the judge will deny the divorce petition.
Spouse Unable to Consent to or Understand the Proceedings
In general, the courts require both spouses to have the presence of mind to consent to or understand the divorce proceedings. Your spouse doesn’t necessarily have to agree to get divorced. However, he or she must be able to follow the case, provide testimony, and make decisions. If the person can’t do that, then the court will reject the divorce petition.
Consent is primarily an issue with spouses who are mentally ill or suffering from some type of addiction that affects their mental competence. Unfortunately, in these cases, it may be necessary to either wait until the person gets his or her issue under control or ask the court to appoint a representative who will act in your spouse’s steed.
Typically when judges deny a divorce, it’s “without prejudice”. This means people can simply file the paperwork and try again when they’re more prepared. To avoid this type of issue in your case or for assistance with litigating a separation, connect with a divorce attorney near you.
For more information, visit websites like http://www.kamesquire-com.webs.com.Learn More
Many people enjoy heading out for a ride on their motorcycle during a warm summer day. Unfortunately, there are times when things don’t go as planned and you end up being involved in an accident through no fault of your own. While this is a frustrating and overwhelming experience, you want to make sure you don’t end up doing something that is going to make your claim for compensation even more difficult and troublesome. Avoid making one of the following mistakes to ensure you get the money you deserve.
Failing to get checked out right away.
Oftentimes, people will end up putting off going to the doctor or ER to get checked out by a medical professional. Since your adrenaline tends to be higher after an accident, you might not be able to feel the extent of your injuries. What might seem insignificant right now, could end up being quite painful in a couple days. Injuries tend to show up and intensify in the days following an accident. However, you want to make sure you get in and get checked out right away to document anything you have going on. This ensures the insurance company can’t try and blame the injury on something else that happened in your life.
Not taking pictures of your bike and your injuries.
Take pictures of any cuts, scrapes, bruises, broken bones and other injuries that you sustained from the accident. Document the injuries with each passing day to keep an account of how the injuries progressed. You also want to take as many pictures of your motorcycle as you can. Even the smallest of details can be quite significant when all is said and done and you are looking to replace your bike. You also want to make sure the insurance company doesn’t try to omit any injuries or custom details and short you on your claim.
Ignoring your follow-up appointments.
If you have follow-up appointments with a physical therapist or healthcare provider to get checked out, make sure you go. Don’t miss the appointment or continually reschedule them. It shows that your injuries aren’t that bad. It is vital that you go when you are told and continue with the progress toward recovery.
By not making one of the mistakes above, you can make sure you get the money you are entitled to and the insurance company doesn’t try and take advantage of you along the way. If you need additional help fighting against the insurance company, contact a law firm, like Whiting, Hagg, Hagg, Dorsey & Hagg.Learn More
What once seemed like it would last forever is now coming to an end. Coming to the decision to get a divorce is not easy, but if you and your spouse have decided that is better for both of you – and your children, if you have any – to end your marriage, then a divorce is clearly the best option for all involved.
Though this time in your life can be emotionally taxing, with the help of a family attorney who specializes in divorce, this difficult time can be made a bit easier to bear.
Here’s a look at four ways a divorce attorney can help to make the journey down the bumpy path of divorce a bit smoother.
With the help of a family attorney like Souders Law Group who specializes in divorce, you can get through this difficult time in your life a bit quicker and a bit easier.Learn More
Physical injury is one thing in a personal injury claim, but emotional distress can be a lot harder to prove. Unlike a physical injury, emotional injury cannot be seen with simple observance in most cases. If you plan to base your personal injury claim on mostly emotional distress, there are five questions you should ask yourself to make sure you actually have a chance to prove your claims.
1. What is/will be the duration of your emotional distress? If the emotional distress you are experiencing is only short-lived, you have less of a chance of having a basis for a legal claim. For example, if someone posts a picture of you online and you are temporarily embarrassed, the effects will most likely be short-lived. However, if a photo is so degrading that it haunts you for the rest of your life, affecting future relationships in your personal and business life, this would be considered long-term distress.
2. How severe is the underlying cause of your emotional disturbance? The initial action or negligence that caused your distress to start with will be heavily influencing in court. Simple actions of disregard are not usually considered as emotionally damaging as something major, such as an animal attack or medical malpractice claim.
3. Can your claims be proven by a psychologist? A doctor’s note will not just help if you have physical problems, but if you are suffering with emotional damage as well. If you’re so distressed after an incident that a psychologist will put it in writing, you will have a better chance of getting somewhere with a legal suit.
4. Is your distress related to a physical impairment? A personal injury claim will be much more likely to land in your favor if your emotional distress comes from a physical injury. For example, if you were in an auto accident where the other driver was at fault and you are left walking with a cane for the rest of your life, the emotional distress of the situation can be considerably high.
5. How intense is the distress you are experiencing? Even the intensity of your emotional distress will be considered in a personal injury claim. If an accident or injury leaves you feeling vaguely bothered, you probably don’t have a case. But, if the intensity of your distress is enough to affect your everyday life negatively, you should talk to a lawyer.
When it comes down to it, emotional distress can sometimes be one of the most difficult types of personal injury claims to prove. However, if you have the right answers to these five questions, there is a good chance that your claim will be successful. Talk to your chosen personal injury lawyer, such as those at The Gil Law Firm, for more information.Learn More
Family law is the sector of law that handles all family and domestic matters. Family lawyers are responsible for advising clients on a broad variety of personal matters. The topics covered are often sensitive in nature for everyone involved. This type of lawyer will often assist husbands and wives, offspring, grandparents, legal guardians, and others. In most cases, family law attorneys assist in legal scenarios that arise between family members and spouses. Many of these situations are related to marriage, dissolution of marriage and children.
Separation and Divorce Procedures
Divorces are one of the most common legal processes handled by family lawyers. A divorce can have many long term legal, financial and person consequences. Each state has unique legal requirements that cover the different aspects of divorce. For example, some states require individuals to be legally separated before getting a divorce. Other states have no-fault divorce laws. All of this can be rather confusing for individuals, so they seek assistance from a family lawyer. Lawyers work on behalf of their clients to work out the details of divorce. Some details may include marital assets or alimony. If these matters cannot be settled outside of a courtroom, a family lawyer will represent a client during court proceedings.
Child Custody and Child Support
Child custody and child support arrangements are also handled by family law attorneys. It can be emotionally difficult for separated parents to work out agreements regarding their children. A family lawyer helps clients learn about the different types of custody and child support options. Joint custody and sole custody are the primary custody options. Clients are given information about the pros and cons of each type of custody agreement. This allows them to decide what type of custody to pursue. If a child custody case goes to court, a family lawyer represents a client in order to show that the client has the best interests of his or her child in mind. Lawyers will use different factors like parental stability and home environments to help build cases for their clients.
Additional Services of Family Law Attorneys
While divorce and child custody matters are the most common matters, there are many other sectors of family law. Family lawyers also help clients with a broad variety of other legal matters. Some of these legal matters include:
In some cases, a lawyer will simply file paperwork on behalf of a client. In other situations, family law attorneys work to aggressively defend their clients in court. The assistance provided by a family lawyer like Nelson, McPherson Summers & Santos LC will vary depending on the needs of his or her clients.Learn More
You can’t predict if you will ever sustain an injury at your workplace serious enough to make it necessary to apply for workers’ comp insurance. While an attorney can assist you with initiating your claim, as well as getting approved, what information about the program as a whole? Here is an overview of some exciting current and upcoming workers’ comp trends:
An evolving healthcare model
Just about every government financial program is constantly introducing new and improved ways of completing applications, checking the status of an existing application, and simply making the program more consumer-friendly. Workers’ comp has also introduced some helpful changes, as well.
One of the more notable changes is their improved focus on healthcare. Some of the larger employers are contracting directly with the top healthcare organizations. By doing so, this ensures that claimants are able to receive the best healthcare possible. Access to mental health services is also being improved, as it is recognized that mental health is an important component of overall health.
Easier approval process
When it comes to being approved for workers’ comp, it all depends on your attorney’s ability to prove that you were, without a doubt, injured at work through no fault of your own. In the past, the approval process was more challenging. However, thanks to improved risk management techniques being utilized by many employers, approving claims is being streamlined. This will make it easier for companies to identify employees that are considered to be “high risk,” and it will also make it easier for those who are truly qualified for benefits to be recognized.
Advancements to improve finances
The workers’ comp program is always working to take advantage of innovative new practices that will result in the development of improvements. Thanks to technological advancements in data analytics, higher pricing and improved underwriting, the financial status of the workers’ comp program as a whole has improved. These improvements have also enabled claims to be processed more efficiently than in the past. This could result in receipt of benefits faster, should you ever need to file a claim.
In the unfortunate event that you are ever the victim of a serious work-related injury and are in need of workers’ comp, then these upcoming trends should help you to feel more positive and hopeful regarding the entire process. Of course retaining the services of an experienced attorney would also be important. The right lawyer can assist you every step of the way, increasing your chances of being awarded much-needed benefits during a very stressful time.Learn More
Few people expect to be arrested and sent to jail. However, it happens to millions of Americans every single year. In fact, there is a 5% chance that you will go to prison at one point in your lifetime! Thankfully, there is a system in place to allow individuals to leave jail in order to be with their families and work: bail bonds:
“What is a bail bond?”
When you get arrested and taken to jail, the police are legally obligated to charge you with a crime very shortly after your arrival. You will then be brought before the judge, where there will be a bail hearing. Based on the severity of the alleged crime, the judge will probably set bail, which is essentially a security deposit that you can make in order to ensure your temporary freedom.
“So I can avoid jail just by paying money? What’s the catch?”
Unfortunately, bail is generally set a lot higher than most people can afford to pay out of pocket. This is where bail bondsmen come, which are business that operate somewhat similarly to banks. They will loan you the money to cover your bail on the assumption that you pay it back later, with interest.
“What’s to prevent me from just running after I get out of jail on bail?”
Well, if you cover the bail with your own money, then you will lose all that money. Additionally, you will be pursued by the law and will be subject to additional charges on your inevitable capture.
If you hire a bail bondsmen to cover your fee, the the bail bond company will track you down. Although this situation isn’t as dramatic as portrayals such as “Dog the Bounty Hunter” make it out to be, at the very least you will have to worry about a warrant for your arrest that will last until you die.
“So what do I need to do?”
The best thing that you can do is to get in touch with a bail bondsmen and to discuss their rates. These consultations are free and will help you get a good idea of just how much you will be paying. Furthermore, it is a good idea to have the contact information of a bail bondsman, just in case.
Finally, the exact amount of the bail can vary from state to state, so you’ll need to research the laws in your state. For instance, if you live in Oregon, then commercial bail bondsmen are not going to be an option for you. To learn more, contact a company like A Bail Now Bail Bonds, Inc.Learn More