One of the saddest and ugliest parts of divorce is the fight for child custody. Children are torn between parents. They experience mental and emotional stressed. They feel confused on which parent they are to go and live with. Before we go all mushy let us first define what child custody is. Child custody refers to the package of rights as well as responsibilities that a parent holds with respect to his or her child. Child custody covers a wide spectrum of concepts. The basic essence of child custody is to find the best interest of the child and not the individual interest of the parents. In some states they follow a general rule and that is for parents to have a continuing and frequent contact with the child.
There are different types of child custody and these are as follows: a) legal custody, wherein a parent with legal custody is allowed to make certain decisions regarding the health, welfare and education of his or her child, b) physical custody, is a legal fight for the actual or physical right to be with the child, c) sole legal custody, involves the awarding of sole legal custody to one parent thus giving the sole legal parent the right to decide on the child’s health, education and welfare, d) sole physical custody, is when one parent is awarded the sole physical custody of a child meaning the child will live or remain with him or her and the other parent is not given any right from having physical custody of the child especially when the other parent has been found out to abused and neglect the child, e) join legal custody, wherein both parents are given the right to participate in decision making regarding the health, education and welfare of their child, f) joint physical custody, is where both parents have the right to be with the child and also allows both parents to conduct a parenting plan in order to settle on the schedule of taking care of their child, and the last one is g) shared custody, is wherein both the parents have equal share when it comes to the legal as well as the physical custody of the child.
As you may have notice all the different types of custody involves custody and visitation. The factors as well as the circumstances taken in consideration by the court in determining whether a parent can have custody and visitation rights are basically the same. The child visitation refers to the time given to a non-custodial parent to be with the child. On the other hand, the custodial parent’s rights to be with the child are subject to the non-custodial parent’s right to visit the child.
Together with child custody is parenting plan. This plan refers to the agreement between the parents as well as the court order in which provisions for custody and visitation rights are defined. The parenting plan also determines whether each parent or both have the capacity to make decisions with regards to the health, education and welfare of their child. The plan also includes schedules in which the non-custodial parent can spend time with the child.
Saturday, May 31, 2008
Friday, May 30, 2008
Examining the Legal Billing Rates
Every time you want to avail legal assistance, your finances are also one of your biggest considerations. I’m speaking here in terms of legal billing rates. These rates really vary based on the experience, prominence and prerogative of the lawyers. Lawyer fees differ. Now, the big question is – Are these fees reasonable for clients like you? Is it just enough for the lawyers?
An article entitled “Guide to Legal Services Billing Rates” says that most lawyers will tell you that the practice of law is a noble profession dedicated to the pursuit of truth and justice. But anyone looking to hire a lawyer must realize that practicing law is first of all a business. As a result, lawyers in private practice are going to charge what the market will bear in order to make a profit from their services. Understanding this and having a basic knowledge as to how lawyers’ charge for their services may help you to negotiate the best deal when you need to hire one.
I must say that all of the payment arrangements stated in the said article are not more than enough. I think, they are just enough to compensate for the time and effort a lawyer will spend in your case. These arrangements include hourly rates, flat fees, retainers and contingent fees. The lawyer has the opportunity to choose the payment plan that you’ll have. However, the client can still open up his views if he disagrees with the lawyers’ offer. It’s still up to them to decide about the final payment arrangements.
In addition, there are certain factors impacting lawyers’ fees such as advice, outcome, overhead, experience, time and effort, difficulty of case, prominence of lawyer, geographical location, and preferred client discount. All of these affect the choice that a lawyer makes regarding the payment arrangement that the client has to comply with.
Indeed, it’s important to understand how these fees are being treated under the different payment arrangements. The decision if what type of payment best suits your paying capabilities still depends on a good communication between you and your lawyer. It may be hard to compensate for this high-paying job but then it will be your reputation that’s at stake here.
Generally, it’s always better to fairly settle everything first – especially in terms of legal billing rates – before commencing any legal proceedings. Through this, you’ll certainly have a smooth-sailing relationship with your attorney towards the success of your case.
An article entitled “Guide to Legal Services Billing Rates” says that most lawyers will tell you that the practice of law is a noble profession dedicated to the pursuit of truth and justice. But anyone looking to hire a lawyer must realize that practicing law is first of all a business. As a result, lawyers in private practice are going to charge what the market will bear in order to make a profit from their services. Understanding this and having a basic knowledge as to how lawyers’ charge for their services may help you to negotiate the best deal when you need to hire one.
I must say that all of the payment arrangements stated in the said article are not more than enough. I think, they are just enough to compensate for the time and effort a lawyer will spend in your case. These arrangements include hourly rates, flat fees, retainers and contingent fees. The lawyer has the opportunity to choose the payment plan that you’ll have. However, the client can still open up his views if he disagrees with the lawyers’ offer. It’s still up to them to decide about the final payment arrangements.
In addition, there are certain factors impacting lawyers’ fees such as advice, outcome, overhead, experience, time and effort, difficulty of case, prominence of lawyer, geographical location, and preferred client discount. All of these affect the choice that a lawyer makes regarding the payment arrangement that the client has to comply with.
Indeed, it’s important to understand how these fees are being treated under the different payment arrangements. The decision if what type of payment best suits your paying capabilities still depends on a good communication between you and your lawyer. It may be hard to compensate for this high-paying job but then it will be your reputation that’s at stake here.
Generally, it’s always better to fairly settle everything first – especially in terms of legal billing rates – before commencing any legal proceedings. Through this, you’ll certainly have a smooth-sailing relationship with your attorney towards the success of your case.
Thursday, May 29, 2008
Email Laws That Could Bring You to Jail Even if You're Not Spamming
First things first, I'm not a legal expert and so this article DOES NOT represent any legal or professional information and nor can I guarantee its accuracy. I only wrote this article to introduce you to these email laws that might affect us, email marketers.
OK, so what're these email laws?
They're the Child Protection Registry laws that have been taken into effect in the State of Michigan and Utah.
These laws established "Do Not Email" registries into which individuals or institutions that primarily serve minors can enter minors' email addresses or any email address to which minors may have access. Institutions or entities that primarily serve minors can also register their entire domain names.
People are prohibited by these laws from sending email to the addresses that have been in the registries for 30 days or more if the email contains material or link to material that is illegal for minors. And it doesn't matter whether the email is solicited or unsolicited, you still can't send such email.
You might think that the materials must be something obvious such as pornography, gambling, alcohol, etc. Yes, but they're only part of the materials.
The other part consists of less obvious stuff, namely stuff that looks fine, but might be illegal for minors because minors are prohibited by law from viewing, receiving, participating, possessing, or purchasing this stuff. This includes automotive sales, financial services such as credit card, etc.
And according to the Institute for Spam and Internet Public Policy, these laws apply to almost all people in the United States and even those outside the United States who have a physical presence in the United States. (see http://www.isipp.com/child-protection-email-address-registries.php)
So, imagine you have some email addresses in your list that happen to be already in the "do not email" registry for 30 days, but you're not aware of them. And one day, you send an email that contains a link to a webpage that has some Adsense ads that advertise some automotive sales, guess what may happen to you?
Well, your action may be considered as a computer crime and you might face civil suit and fines or/and you might even face criminal suit and penalty.
So far, there are two things that you can do to prevent you from getting trouble with these laws.
First, make sure that you never send email that contains material or link to material which is illegal for minors. This is so obvious, right?
Second, if you think that you can't comply with the first option, then you can purge your list by matching it against the registries in a regular basis. But there are fees for this.
Don't panic about these laws. Instead, find more information about it. You can start learning more about these laws by visiting the references below:
- Michigan Children's Protection Registry site:
https://www.protectmichild.com
- Michigan Public Act No. 241:
http://www.legislature.mi.gov/documents/2003-2004/publicact/htm/2004-PA-0241.htm
- Michigan Public Act No. 242:
http://www.legislature.mi.gov/documents/2003-2004/publicact/htm/2004-PA-0242.htm
- Utah Code - Child Protection Registry:
http://www.le.state.ut.us/~code/TITLE13/13_26.htm
- Michigan government's press release:
http://www.michigan.gov/gov/0,1607,7-168-23442_21974-121645--,00.html
OK, so what're these email laws?
They're the Child Protection Registry laws that have been taken into effect in the State of Michigan and Utah.
These laws established "Do Not Email" registries into which individuals or institutions that primarily serve minors can enter minors' email addresses or any email address to which minors may have access. Institutions or entities that primarily serve minors can also register their entire domain names.
People are prohibited by these laws from sending email to the addresses that have been in the registries for 30 days or more if the email contains material or link to material that is illegal for minors. And it doesn't matter whether the email is solicited or unsolicited, you still can't send such email.
You might think that the materials must be something obvious such as pornography, gambling, alcohol, etc. Yes, but they're only part of the materials.
The other part consists of less obvious stuff, namely stuff that looks fine, but might be illegal for minors because minors are prohibited by law from viewing, receiving, participating, possessing, or purchasing this stuff. This includes automotive sales, financial services such as credit card, etc.
And according to the Institute for Spam and Internet Public Policy, these laws apply to almost all people in the United States and even those outside the United States who have a physical presence in the United States. (see http://www.isipp.com/child-protection-email-address-registries.php)
So, imagine you have some email addresses in your list that happen to be already in the "do not email" registry for 30 days, but you're not aware of them. And one day, you send an email that contains a link to a webpage that has some Adsense ads that advertise some automotive sales, guess what may happen to you?
Well, your action may be considered as a computer crime and you might face civil suit and fines or/and you might even face criminal suit and penalty.
So far, there are two things that you can do to prevent you from getting trouble with these laws.
First, make sure that you never send email that contains material or link to material which is illegal for minors. This is so obvious, right?
Second, if you think that you can't comply with the first option, then you can purge your list by matching it against the registries in a regular basis. But there are fees for this.
Don't panic about these laws. Instead, find more information about it. You can start learning more about these laws by visiting the references below:
- Michigan Children's Protection Registry site:
https://www.protectmichild.com
- Michigan Public Act No. 241:
http://www.legislature.mi.gov/documents/2003-2004/publicact/htm/2004-PA-0241.htm
- Michigan Public Act No. 242:
http://www.legislature.mi.gov/documents/2003-2004/publicact/htm/2004-PA-0242.htm
- Utah Code - Child Protection Registry:
http://www.le.state.ut.us/~code/TITLE13/13_26.htm
- Michigan government's press release:
http://www.michigan.gov/gov/0,1607,7-168-23442_21974-121645--,00.html
Wednesday, May 28, 2008
Durable Power Of Attorney Or Living Will
A Living Will is a legal document addressing only deathbed considerations; a client unilaterally declares his/her desire that life-prolonging measures be discontinued when there is no hope of ultimate recovery.
On the other hand, people use a Durable Power of Attorney for Health Care to appoint someone to make all healthcare decisions, limited by certain elections regarding deathbed issues.
The client must be at least 18 years old and mentally competent at the time he/she executes either document but incompetent to participate in the decision-making process when either is implemented. It is important to remember that both documents are only applicable if the client is incompetent.
Under the a Living Will, a client declares that if he/she is certified to have an incurable, terminal injury/illness and/or to be permanently unconscious by two examining physicians (including the client's attending physician), that artificial life-support systems be withheld or disconnected. The client may also elect to discontinue artificial nutrition and hydration (intravenous feeding) by so designating on the form. (Find more information at: legalhelper.net/living-will.aspx)
Under the Health Care Power of Attorney, the client makes three separate and independent elections authorizing the agent:
1. To direct disconnection of artificial life-support systems in the event of terminal illness;
2. To direct disconnection of artificial life-support systems in the event of irreversible coma; and
3. To direct discontinuation of artificial nutrition and hydration.
In addition, the Health Care Power of Attorney form provides a space for the client to set forth any specific medical, religious or other desires concerning his/her health care. The client may also use this section as a backup source for organ donation. (Find more information at: legalhelper.net/power-of-attorney.aspx)
Both documents are signed in front of two witnesses and a notary public or a justice of the peace who acknowledges the client's signature. The witnesses to a Living Will are sworn by the notary public/justice of the peace and indicate that the client is at least 18 years of age and signed the instrument as a free and voluntary act.
The Living Will witnesses may not be the client's spouse, attending physician, heirs-at-law or person with claims against the client's estate.
The Health Care Power of Attorney witnesses may not be the designated agent, the client, spouse or heir or person entitled to any portion of the client's estate upon death under Will, Trust or operation of law.
People are frequently confused as to why both a Living Will and Health Care Power of Attorney are necessary or appropriate. The Living Will is helpful as a backup document: In the event that the client enters an irreversible coma and the health care agents designated in the Health Care Power of Attorney are deceased or unloadable, the Living Will sets forth the desires of the client concerning his/her death-bed treatment which may be followed by attending physicians. The law provides that to the extent that a Durable Power of Attorney conflicts with a Living Will, the Health Care Power of Attorney controls. Copies of both the Durable Power of Attorney for Health Care and the Living Will are forwarded to the client's primary care physician for inclusion in medical records.
Both documents are revocable through normal revocation procedures.
Note that LegalHelper.net provides an easy-to-use, quick, and economical online method for creating completed legal documents for any occasions.
On the other hand, people use a Durable Power of Attorney for Health Care to appoint someone to make all healthcare decisions, limited by certain elections regarding deathbed issues.
The client must be at least 18 years old and mentally competent at the time he/she executes either document but incompetent to participate in the decision-making process when either is implemented. It is important to remember that both documents are only applicable if the client is incompetent.
Under the a Living Will, a client declares that if he/she is certified to have an incurable, terminal injury/illness and/or to be permanently unconscious by two examining physicians (including the client's attending physician), that artificial life-support systems be withheld or disconnected. The client may also elect to discontinue artificial nutrition and hydration (intravenous feeding) by so designating on the form. (Find more information at: legalhelper.net/living-will.aspx)
Under the Health Care Power of Attorney, the client makes three separate and independent elections authorizing the agent:
1. To direct disconnection of artificial life-support systems in the event of terminal illness;
2. To direct disconnection of artificial life-support systems in the event of irreversible coma; and
3. To direct discontinuation of artificial nutrition and hydration.
In addition, the Health Care Power of Attorney form provides a space for the client to set forth any specific medical, religious or other desires concerning his/her health care. The client may also use this section as a backup source for organ donation. (Find more information at: legalhelper.net/power-of-attorney.aspx)
Both documents are signed in front of two witnesses and a notary public or a justice of the peace who acknowledges the client's signature. The witnesses to a Living Will are sworn by the notary public/justice of the peace and indicate that the client is at least 18 years of age and signed the instrument as a free and voluntary act.
The Living Will witnesses may not be the client's spouse, attending physician, heirs-at-law or person with claims against the client's estate.
The Health Care Power of Attorney witnesses may not be the designated agent, the client, spouse or heir or person entitled to any portion of the client's estate upon death under Will, Trust or operation of law.
People are frequently confused as to why both a Living Will and Health Care Power of Attorney are necessary or appropriate. The Living Will is helpful as a backup document: In the event that the client enters an irreversible coma and the health care agents designated in the Health Care Power of Attorney are deceased or unloadable, the Living Will sets forth the desires of the client concerning his/her death-bed treatment which may be followed by attending physicians. The law provides that to the extent that a Durable Power of Attorney conflicts with a Living Will, the Health Care Power of Attorney controls. Copies of both the Durable Power of Attorney for Health Care and the Living Will are forwarded to the client's primary care physician for inclusion in medical records.
Both documents are revocable through normal revocation procedures.
Note that LegalHelper.net provides an easy-to-use, quick, and economical online method for creating completed legal documents for any occasions.
Tuesday, May 27, 2008
Divorce Online Sevice. Why Should We Lose Money And Time Applying For Divorce?
Attempts to use the worldwide Web as an effective means of struggle against bureaucracy are undertaken constantly and sometimes successfully. Today it is possible to fill in a tax declaration, apply for bankruptcy or to receive a legal consultation. And lately there are sites offering online divorce services.
It is usually easier to marry than to divorce, especially if the spouses who wish to do so must divide their common property as well.
Divorce is extremely difficult business in rich families. For wealthy Americans in this case, it is accepted that the former husband or wife may pay rather large sums of money for the divorce process. It is not enough that the divorce in itself involves strong emotional stress, so they also pay an extra thousand on top of the $10-20,000 to lawyers to carry out this occupation, and sometimes it is even more.
Why should we lose the money and time applying for divorce, if there is the cheap and fast alternative - divorce online. You find the site, take your mouse, you press on the button - and you are a divorced person. With a minimum of formalities, as in Las Vegas, for the conclusion of a failed marriage appears the divorce.
To terminate a marriage on site, a couple wanting to apply for divorce need only a credit card and a computer with access to the Internet. The divorce case was finished within 30 minutes and cost $199.
People who hate discussing and relaying specific instances in dialogues with lawyers use the services of the site. In the virtual world of divorce, the couple that does not require court, after inputting all necessary data for divorce, merely prints the forms, signs them, and sends them to the judge. That is all.
The high cost of lawyers has not forced people to refuse divorce. The deep reasons for divorce lie in the emotional - sensual sphere. The most painful and unpleasant situation is dialogue with a third party hired to engage in and bear your personal problems in general divorce discussion.
The founder and head of a company like Legalhelper.org that supplies online documents for divorce disagrees with the opinion of opponents that cheap divorce can minimize the importance of divorce. It is true that the divorce will cost them only $199 but this will not push the majority of people to end less-considered marriages faster and more often. Similarly, the high cost of lawyers has not forced people to refuse divorce. The deep reasons for divorce lie in the emotional - sensual sphere. The most painful and unpleasant situation is dialogue with a third party hired to engage in and bear your personal problems in general discussion.
Note that Legalhelper.net provides an easy-to-use, quick, and economical online method for creating completed legal forms from its site for your uncontested divorce (either no-fault divorce or fault divorce).
It is usually easier to marry than to divorce, especially if the spouses who wish to do so must divide their common property as well.
Divorce is extremely difficult business in rich families. For wealthy Americans in this case, it is accepted that the former husband or wife may pay rather large sums of money for the divorce process. It is not enough that the divorce in itself involves strong emotional stress, so they also pay an extra thousand on top of the $10-20,000 to lawyers to carry out this occupation, and sometimes it is even more.
Why should we lose the money and time applying for divorce, if there is the cheap and fast alternative - divorce online. You find the site, take your mouse, you press on the button - and you are a divorced person. With a minimum of formalities, as in Las Vegas, for the conclusion of a failed marriage appears the divorce.
To terminate a marriage on site, a couple wanting to apply for divorce need only a credit card and a computer with access to the Internet. The divorce case was finished within 30 minutes and cost $199.
People who hate discussing and relaying specific instances in dialogues with lawyers use the services of the site. In the virtual world of divorce, the couple that does not require court, after inputting all necessary data for divorce, merely prints the forms, signs them, and sends them to the judge. That is all.
The high cost of lawyers has not forced people to refuse divorce. The deep reasons for divorce lie in the emotional - sensual sphere. The most painful and unpleasant situation is dialogue with a third party hired to engage in and bear your personal problems in general divorce discussion.
The founder and head of a company like Legalhelper.org that supplies online documents for divorce disagrees with the opinion of opponents that cheap divorce can minimize the importance of divorce. It is true that the divorce will cost them only $199 but this will not push the majority of people to end less-considered marriages faster and more often. Similarly, the high cost of lawyers has not forced people to refuse divorce. The deep reasons for divorce lie in the emotional - sensual sphere. The most painful and unpleasant situation is dialogue with a third party hired to engage in and bear your personal problems in general discussion.
Note that Legalhelper.net provides an easy-to-use, quick, and economical online method for creating completed legal forms from its site for your uncontested divorce (either no-fault divorce or fault divorce).
Monday, May 26, 2008
Divorce Online in Minutes
Legal Helpmate provides an easy-to-use, quick, and economical online method for creating completed legal forms from our site for your uncontested divorce (either no-fault divorce or fault divorce). Legal Helpmate provides a simple online divorce service for making your divorce process less expensive and stressful for you. It’s easy. You simply answer some basic questions that produce the proper legal documents necessary for your uncontested divorce. The divorce papers are tailored to reflect your income, your assets, your children, and the divorce law of your state. You receive these completed, ready-to-print legal documents of divorce online together with simple instructions on how and where to file for divorce. Our online divorce service always gives you the exact legal documents needed to obtain your uncontested divorce (either no-fault divorce or fault divorce) in your state. The turn-around time for receiving each completed legal document online may be immediately or it may be within 15 minutes, depending upon the divorce law of your state. Why should we lose the money and time applying for divorce, if there is the cheap and fast alternative - divorce online? You find the site, take your mouse, you press on the button - and you are a divorced person. With a minimum of formalities. In the virtual world of divorce, the couple that does not require court, after inputting all necessary data for divorce, merely prints the forms, signs them, and sends them to the judge. And that’s it. A Company like Legalhelpmate.com that supplies online documents for divorce disagrees with the opinion of opponents that cheap divorce can minimize the importance of divorce. The fact is, it just makes a bad situation better.
Sunday, May 25, 2008
Discrimination in the Workplace
In today’s age of globalization, workplace discrimination is strictly forbidden by the laws of almost every state. However, there are still several companies that discriminate their employees or usually their applicants because of their race, religion or sexual preference. Remember that it is improper and unlawful for an employer to evaluate or fire an employee based on an illegal issue. And in order to protect the rights of all employees, there are legislations and measures that can help them if they’re experiencing discrimination.
Proving discrimination in the workplace can be a challenging task. You must gather evidences that you actually experienced discrimination from your employer for unacceptable reasons. When you’ve gathered some proofs on your case, finding a lawyer in your area is the next thing to do. Basically, a legal specialist can help you evaluate your situation is you are eligible for a civil lawsuit.
On the part of the employer, you have to be aware of the anti-workplace discrimination laws in your state so that you know how to answer all the accusations of your employee when involved in such situation. It might also be necessary for you to consult an attorney so that you’ll understand if you are really at fault and if how you’re going to answer your employee. Always make sure that you know how to justify the legitimacy of your decision to fire your employee by gathering valid facts, too.
Regardless if you are the accused or the accuser, you’ll probably need the assistance of a legal expert to represent you. I know that most of us go to our respective jobs for the foremost reason of earning a living to make our lives better without actually knowing what anti-discrimination law is all about. This only implies that it is important to give this law even a single thought so that when we are trapped in the same situation, we know what legal actions to take.
Therefore, if you think that you, your friend, or your loved ones have been treated unfairly in the workplace, gather relevant facts first and then don’t think twice to file a lawsuit against the employer. Take note that anti-discrimination laws exist to help these powerless employees when oppressed. You have to make sure that your voce will be heard by seeking legal advice from a legal specialist and knowing what you’re entitled for. This will surely start a bright future for you and your family.
Proving discrimination in the workplace can be a challenging task. You must gather evidences that you actually experienced discrimination from your employer for unacceptable reasons. When you’ve gathered some proofs on your case, finding a lawyer in your area is the next thing to do. Basically, a legal specialist can help you evaluate your situation is you are eligible for a civil lawsuit.
On the part of the employer, you have to be aware of the anti-workplace discrimination laws in your state so that you know how to answer all the accusations of your employee when involved in such situation. It might also be necessary for you to consult an attorney so that you’ll understand if you are really at fault and if how you’re going to answer your employee. Always make sure that you know how to justify the legitimacy of your decision to fire your employee by gathering valid facts, too.
Regardless if you are the accused or the accuser, you’ll probably need the assistance of a legal expert to represent you. I know that most of us go to our respective jobs for the foremost reason of earning a living to make our lives better without actually knowing what anti-discrimination law is all about. This only implies that it is important to give this law even a single thought so that when we are trapped in the same situation, we know what legal actions to take.
Therefore, if you think that you, your friend, or your loved ones have been treated unfairly in the workplace, gather relevant facts first and then don’t think twice to file a lawsuit against the employer. Take note that anti-discrimination laws exist to help these powerless employees when oppressed. You have to make sure that your voce will be heard by seeking legal advice from a legal specialist and knowing what you’re entitled for. This will surely start a bright future for you and your family.
Saturday, May 24, 2008
Defending Your Relationship
A power of attorney is a legal document that allows you to dictate who you would like to make decisions on your behalf. While there are many useful purposes for a power of attorney, they are especially important to unmarried couples, which live together, when a partner becomes incapacitated and unable to make decisions. In such situations, the law usually designates the incapacitated person's next of kin as the decision maker. With a power of attorney, unmarried couples can give their partners the power to make such decisions.
Powers of attorney can be as general or specific as you decide. You can give your partner the power to make decisions on your behalf at any time or only when you become incapacitated. You can also dictate what types of decisions you are authorizing your agent to make. A health care power of attorney (also referred to as a durable power of attorney for health care, medical power of attorney, health care proxy and appointment of health care agent of surrogate) would authorize your partner (or other agent) to make decisions about your medical treatment and dictate who you would like to be able to visit you while receiving medical treatment.
By executing a power of attorney for finances (also referred to as a durable power of attorney for finances) you could dictate whom you want to make decisions about your legal and financial matters. You can be very specific about what actions you are authorizing your partner (or other agent) to make, including which accounts he or she has access to and the types of decisions he or she can make.
Note that LegalHelper (http://www.legalhelper.net) provides an easy-to-use, quick, and economical online method for creating completed power of attorney for any occasions.
Powers of attorney can be as general or specific as you decide. You can give your partner the power to make decisions on your behalf at any time or only when you become incapacitated. You can also dictate what types of decisions you are authorizing your agent to make. A health care power of attorney (also referred to as a durable power of attorney for health care, medical power of attorney, health care proxy and appointment of health care agent of surrogate) would authorize your partner (or other agent) to make decisions about your medical treatment and dictate who you would like to be able to visit you while receiving medical treatment.
By executing a power of attorney for finances (also referred to as a durable power of attorney for finances) you could dictate whom you want to make decisions about your legal and financial matters. You can be very specific about what actions you are authorizing your partner (or other agent) to make, including which accounts he or she has access to and the types of decisions he or she can make.
Note that LegalHelper (http://www.legalhelper.net) provides an easy-to-use, quick, and economical online method for creating completed power of attorney for any occasions.
Friday, May 23, 2008
Contested And Uncontested Divorce
A divorce case is contested if the parties cannot agree on every one of the issues involved in their particular situation. Common areas of disagreement include, but are not limited to: grounds for divorce, custody of the children, visitation rights, division of the assets of the marriage, child support, maintenance (alimony), payment of family debts, contribution toward educational expenses (college or parochial), payment of health insurance for the dependent spouse, income tax structuring, etc
When a divorce case is filed, it is given an identification number and is deemed by the court to be a matter that will ultimately require trial time in order to resolve all issues. Divorce cases are generally called for trial in the order in which they were filed.
A divorce case remains a "Contested Divorce" until each and every item is resolved. If, however, at any time during that period of the divorce case, the parties and their attorneys can reach an agreement on all of the issues, they can then stipulate to the court to have the matters heard as an "Uncontested Divorce" (no fault divorce) matter. When this occurs, the court will accommodate the parties to the marriage and provide an expedited Hearing in which it will hear proof regarding the grounds of the divorce and the settlement of the divorce. If the standards of the court and the law are met, the court will approve the settlement and enter a divorce Judgment on that day or shortly thereafter.
Remember that, it is usually easier to marry than to divorce, especially if the spouses who wish to do so must divide their common property as well.
Attempts to use the worldwide Web as an effective means of struggle against bureaucracy are undertaken constantly and sometimes successfully. Today it is possible to fill legal forms for divorce by divorce online legal services.
Note that Legalhelper.net (http://www.legalhelper.net/divorce.aspx) provides an easy-to-use, quick, and economical online method for creating completed legal forms from its site for your uncontested divorce (either no-fault divorce or fault divorce).
When a divorce case is filed, it is given an identification number and is deemed by the court to be a matter that will ultimately require trial time in order to resolve all issues. Divorce cases are generally called for trial in the order in which they were filed.
A divorce case remains a "Contested Divorce" until each and every item is resolved. If, however, at any time during that period of the divorce case, the parties and their attorneys can reach an agreement on all of the issues, they can then stipulate to the court to have the matters heard as an "Uncontested Divorce" (no fault divorce) matter. When this occurs, the court will accommodate the parties to the marriage and provide an expedited Hearing in which it will hear proof regarding the grounds of the divorce and the settlement of the divorce. If the standards of the court and the law are met, the court will approve the settlement and enter a divorce Judgment on that day or shortly thereafter.
Remember that, it is usually easier to marry than to divorce, especially if the spouses who wish to do so must divide their common property as well.
Attempts to use the worldwide Web as an effective means of struggle against bureaucracy are undertaken constantly and sometimes successfully. Today it is possible to fill legal forms for divorce by divorce online legal services.
Note that Legalhelper.net (http://www.legalhelper.net/divorce.aspx) provides an easy-to-use, quick, and economical online method for creating completed legal forms from its site for your uncontested divorce (either no-fault divorce or fault divorce).
Thursday, May 22, 2008
Getting a Car Accident Lawyer
According to research, a car accident is the leading cause of deaths among people aged six to 29 in the United States. And figures continue to increase every year not only in the U.S. but also in almost all countries in the world. So, if you or your loved ones have been involved in a car accident, it will be of great help to you if you’ll ask legal assistance from a car accident lawyer. Through a legal specialist, you will be able to understand your legal right and options towards a successful lawsuit.
For your information, car accidents are being governed by wrongful death statutes that vary in different states. Therefore, when you decide to hire a legal specialist for your case, you have to know if the lawyer id particular with the state law where the car accident has occurred. If you still don’t know, a wrongful death refers to an untimely death of a person dude to the negligence of another person – in this case, due to a car accident. This situation entitles the dependents or beneficiaries of the deceased to financial damages.
A car accident lawyer specializes in auto-related injuries and realizes how each accident falls within the wrongful death law of a certain state. You will certainly want to avail the services of such attorney when you are in search of truth and justice, and when you are entitled to a just compensation for the financial losses, physical injuries, and emotional pain that you have gone through.
The good news when you finally decide to hire a legal specialist in your car accident case is that you can find one easily and conveniently. You can either ask for recommendations from your friends, workmates or other lawyers that you’ve worked with in the past. Remember that lawyers usually recommend cases to other lawyers they trust. Also, when you log on to the Internet, you can easily find lots of online referral services that can suggest a qualified attorney. The last one is actually the most convenient way to locate a car accident lawyer in your area.
Indeed, when a car accident takes the life of a loved one, emotional suffering is the most difficult feeling to contain. And maybe a wrongful death claim can lessen, even in a small way, the feeling of anger and hatred inside of you. You have to know that filing a lawsuit can really be hard on your part because you have to establish reliable evidences to prove your claim. Finally, you also have to be patient enough as the legal proceedings take place. After all, in patience, there is success.
For your information, car accidents are being governed by wrongful death statutes that vary in different states. Therefore, when you decide to hire a legal specialist for your case, you have to know if the lawyer id particular with the state law where the car accident has occurred. If you still don’t know, a wrongful death refers to an untimely death of a person dude to the negligence of another person – in this case, due to a car accident. This situation entitles the dependents or beneficiaries of the deceased to financial damages.
A car accident lawyer specializes in auto-related injuries and realizes how each accident falls within the wrongful death law of a certain state. You will certainly want to avail the services of such attorney when you are in search of truth and justice, and when you are entitled to a just compensation for the financial losses, physical injuries, and emotional pain that you have gone through.
The good news when you finally decide to hire a legal specialist in your car accident case is that you can find one easily and conveniently. You can either ask for recommendations from your friends, workmates or other lawyers that you’ve worked with in the past. Remember that lawyers usually recommend cases to other lawyers they trust. Also, when you log on to the Internet, you can easily find lots of online referral services that can suggest a qualified attorney. The last one is actually the most convenient way to locate a car accident lawyer in your area.
Indeed, when a car accident takes the life of a loved one, emotional suffering is the most difficult feeling to contain. And maybe a wrongful death claim can lessen, even in a small way, the feeling of anger and hatred inside of you. You have to know that filing a lawsuit can really be hard on your part because you have to establish reliable evidences to prove your claim. Finally, you also have to be patient enough as the legal proceedings take place. After all, in patience, there is success.
Choosing an injury attorney
The legal profession has a rich history rooted in the English justice system. Over the years, the terminology has become modified and the meanings have been muddled.
A lesson on the courtroom
Court rooms were made up of three sections. The first section was reserved for the legal bench where the judge sat. The third section was reserved for the common folk who came to observe the proceedings. In the middle section was where people with familiarity of the law could stand. They would be separate from the commoners and could address the judge. These three sections were separated by two rails, known as "bars," from which we get the terminology of a barrister or that a lawyer is called to the bar.
For most people, the subtle differences in names of those in the legal profession do not matter, but is important to note that a barrister was originally not an attorney, although many people will refer to them as that today.
And the other guys
Aside from barristers, historically the other legal professional was a solicitor. The solicitor is the one who was an attorney. Barristers could represent a client in court but attorneys could appear in the place of a client.
Add to that the words "lawyer," "counsel," and "legal adviser," and you get a mishmash of terms that has come to mean a legal professional.
If you find yourself in legal trouble or are involved in a lawsuit, you'll probably not care where the term attorney came from. However, it is interesting to note the roots of our system that stemmed from tradition.
You will probably find lawyers, barristers, solicitors, and attorneys in the yellow pages all under the term “lawyer.”
It's not surprising that such confusing titles and jargon comes out of the legal system!!!
A lesson on the courtroom
Court rooms were made up of three sections. The first section was reserved for the legal bench where the judge sat. The third section was reserved for the common folk who came to observe the proceedings. In the middle section was where people with familiarity of the law could stand. They would be separate from the commoners and could address the judge. These three sections were separated by two rails, known as "bars," from which we get the terminology of a barrister or that a lawyer is called to the bar.
For most people, the subtle differences in names of those in the legal profession do not matter, but is important to note that a barrister was originally not an attorney, although many people will refer to them as that today.
And the other guys
Aside from barristers, historically the other legal professional was a solicitor. The solicitor is the one who was an attorney. Barristers could represent a client in court but attorneys could appear in the place of a client.
Add to that the words "lawyer," "counsel," and "legal adviser," and you get a mishmash of terms that has come to mean a legal professional.
If you find yourself in legal trouble or are involved in a lawsuit, you'll probably not care where the term attorney came from. However, it is interesting to note the roots of our system that stemmed from tradition.
You will probably find lawyers, barristers, solicitors, and attorneys in the yellow pages all under the term “lawyer.”
It's not surprising that such confusing titles and jargon comes out of the legal system!!!
Boating Accident Lawyers Know Best
If you or someone you know has been a victim of a boating accident, you need an individual who basically understands what you’re going through especially when you are considering to file a lawsuit against the person who is at fault of the incident. I am referring here to a boating accident lawyer who knows the legal implications of your trial and who will be your greatest support along the process.
Basically, you need an experienced and competent boating accident lawyer to back you up in your case. Who would want a lousy lawyer? No one. And so, if you’re in this situation, you’ll want an attorney who has all the important set of skills and a winning professional background. What you’re going through isn’t easy so you really need somebody to support you, aside from your family and friends, in the persona of your boating accident attorney. He’ll be the one to evaluate your possibility of having a case and the amount of compensation that you deserve.
There are lots of boating accident lawyers who can be found wither online or locally. You can ask your friends and co-workers for recommendations. Also, have a lawyer recommend a boating accident attorney whom he knows too. Remember that a lawyer only recommends lawyers whom they trust and whom they believe in. You can also try online referral services where previously-screened lawyers will be matched to your lawyer requirements. This is the most efficient way to locate a proficient legal specialist.
Boating accidents bring pain and suffering to its victims especially to those people who have lost their loved ones from such incidents. Therefore, it is really important to have outstanding legal care to depend on so that you can recover faster. And as expected, your lawyer will guide you all throughout the legal process and towards a successful lawsuit. In addition, an experienced lawyer will always prioritize your case above anything else.
When a boating accident lawyer has already been practicing this area of law for quite some time, you can expect him to become a better establisher of truth and justice. He can already view every angle of the situation and say what legal actions to be given consideration. And as a victim, you also need to be knowledgeable and confident on your lawyer that your case will soon end up successfully. This is indeed a benefit on the part of the victims of the accident as you work together in your case.
Basically, you need an experienced and competent boating accident lawyer to back you up in your case. Who would want a lousy lawyer? No one. And so, if you’re in this situation, you’ll want an attorney who has all the important set of skills and a winning professional background. What you’re going through isn’t easy so you really need somebody to support you, aside from your family and friends, in the persona of your boating accident attorney. He’ll be the one to evaluate your possibility of having a case and the amount of compensation that you deserve.
There are lots of boating accident lawyers who can be found wither online or locally. You can ask your friends and co-workers for recommendations. Also, have a lawyer recommend a boating accident attorney whom he knows too. Remember that a lawyer only recommends lawyers whom they trust and whom they believe in. You can also try online referral services where previously-screened lawyers will be matched to your lawyer requirements. This is the most efficient way to locate a proficient legal specialist.
Boating accidents bring pain and suffering to its victims especially to those people who have lost their loved ones from such incidents. Therefore, it is really important to have outstanding legal care to depend on so that you can recover faster. And as expected, your lawyer will guide you all throughout the legal process and towards a successful lawsuit. In addition, an experienced lawyer will always prioritize your case above anything else.
When a boating accident lawyer has already been practicing this area of law for quite some time, you can expect him to become a better establisher of truth and justice. He can already view every angle of the situation and say what legal actions to be given consideration. And as a victim, you also need to be knowledgeable and confident on your lawyer that your case will soon end up successfully. This is indeed a benefit on the part of the victims of the accident as you work together in your case.
A Divorce Glossary
Divorce lawyers and law firms can provide a great deal of divorce information and divorce advice; but sometimes, all that legal jargon can be confusing to say the least, not to mention intimidating. Getting a good, low cost divorce settlement requires planning and research.
So, why not start here? We have provided you with a good glossary of legal terms related to the process of getting a divorce:
Alimony
A regular support payment by one divorced spouse to the other
Annulment
A court declaration stating that a legal marriage never existed
Arbitration
Having a disputed matter settled by a third party who is not a judge.
Attachment
A court-ordered seizure of a debtor’s property.
Attorney at Law
A state-licensed advocate who is hired to prepare, manage and try a case in court.
Alternative Dispute Resolution
A process of negotiation, mediation and arbitration, in lieu of a trial, as a way to resolve issues pertaining to a judgment of divorce.
Case Information Statement (CIS)
A financial document specifying the details of your respective incomes, expenses, assets, and debts.
Child Support
Money paid by one ex-spouse to another toward their child’s expenses.
Common Law Marriage
A marriage without a license or ceremony in which the couple cohabitated for a minimum number of years (varies from state to state).
Default
Failure to do something (such as make a payment) on time.
Discovery
The legal procedures used to gather all the facts necessary to settle a case or to prepare the case for trial.
Dissolution of Marriage (Divorce)
The legal separation of a married couple so that each one may be free to marry again.
Equitable Distribution
A fair division of the assets acquired during your marriage.
Inventory and Appraisement
A list of jointly-owned property along with the current value of each one.
Joint Legal Custody
An agreement in which a divorced couple share the rights and responsibilities of making major decisions about their child’s life.
Joint Physical Custody
The shared right to have a child live with one or the other parent at different times of the week or year.
Judgement of Divorce
A legal document following a settlement or trial that grants a divorce and states the court’s decisions with regard to alimony, support, custody, visitation rights, and equitable distribution.
Maintenance
Alimony or child support payments
Marital Settlement Agreement
An out-of-court agreement that resolves all issues surrounding a divorce.
Mediation
A process by which a dispute is resolved and an agreement between two parties is reached with the assistance of a disinterested third party known as a mediator.
Non-Marital Property
Property that belongs exclusively to either the husband or the wife and, as such, cannot be divided between the two.
No-Fault Divorce
A divorce granted with the mutual agreement of two spouses, or when one spouse has left the marriage for a certain period of time (varies by state).
Rehabilitative Alimony
Alimony that helps the ex-spouse to become self-reliant.
Separation
The absence of one spouse from the household before a divorce.
Separation Agreement
A temporary agreement with regard to support, child custody and property for the period between the onset of separation and the granting of a divorce.
Spouse
A husband or wife
Support
Payment due to one spouse from the other regarding housing, food, clothing, and other expenses.
Transfer
To switch legal ownership from one person to another.
Verification Statement
An oath declaring that the information stated in a document is true.
Visitation
The right for a non-custodial parent to visit his or her child.
So, why not start here? We have provided you with a good glossary of legal terms related to the process of getting a divorce:
Alimony
A regular support payment by one divorced spouse to the other
Annulment
A court declaration stating that a legal marriage never existed
Arbitration
Having a disputed matter settled by a third party who is not a judge.
Attachment
A court-ordered seizure of a debtor’s property.
Attorney at Law
A state-licensed advocate who is hired to prepare, manage and try a case in court.
Alternative Dispute Resolution
A process of negotiation, mediation and arbitration, in lieu of a trial, as a way to resolve issues pertaining to a judgment of divorce.
Case Information Statement (CIS)
A financial document specifying the details of your respective incomes, expenses, assets, and debts.
Child Support
Money paid by one ex-spouse to another toward their child’s expenses.
Common Law Marriage
A marriage without a license or ceremony in which the couple cohabitated for a minimum number of years (varies from state to state).
Default
Failure to do something (such as make a payment) on time.
Discovery
The legal procedures used to gather all the facts necessary to settle a case or to prepare the case for trial.
Dissolution of Marriage (Divorce)
The legal separation of a married couple so that each one may be free to marry again.
Equitable Distribution
A fair division of the assets acquired during your marriage.
Inventory and Appraisement
A list of jointly-owned property along with the current value of each one.
Joint Legal Custody
An agreement in which a divorced couple share the rights and responsibilities of making major decisions about their child’s life.
Joint Physical Custody
The shared right to have a child live with one or the other parent at different times of the week or year.
Judgement of Divorce
A legal document following a settlement or trial that grants a divorce and states the court’s decisions with regard to alimony, support, custody, visitation rights, and equitable distribution.
Maintenance
Alimony or child support payments
Marital Settlement Agreement
An out-of-court agreement that resolves all issues surrounding a divorce.
Mediation
A process by which a dispute is resolved and an agreement between two parties is reached with the assistance of a disinterested third party known as a mediator.
Non-Marital Property
Property that belongs exclusively to either the husband or the wife and, as such, cannot be divided between the two.
No-Fault Divorce
A divorce granted with the mutual agreement of two spouses, or when one spouse has left the marriage for a certain period of time (varies by state).
Rehabilitative Alimony
Alimony that helps the ex-spouse to become self-reliant.
Separation
The absence of one spouse from the household before a divorce.
Separation Agreement
A temporary agreement with regard to support, child custody and property for the period between the onset of separation and the granting of a divorce.
Spouse
A husband or wife
Support
Payment due to one spouse from the other regarding housing, food, clothing, and other expenses.
Transfer
To switch legal ownership from one person to another.
Verification Statement
An oath declaring that the information stated in a document is true.
Visitation
The right for a non-custodial parent to visit his or her child.
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