Family Law Attorney

Vital Steps to Choosing the right Divorce Lawyer

When it comes time to start looking for a legal representation during  divorce hearing you want to make sure you are getting someone that is well versed in these type of cases and is able to take legal action on your behalf that will be to your best interests.  It is a stressful time for most people that have to go through the divorce process so you want to make sure you have nothing to worry about as far as your attorney’s skills are in handling your case.  It is best especially if children are involved to try and go through with the divorce in the most calm and least stressful way for their sake.  This is already going to be a very traumatic experience for your children with the break-up of the family unit.  They certainly don’t need to have their parents battling it out in the courts.  If you are certain you need assistance with your legal issues regarding your divorce there is some advice in this article for you in finding the right lawyer for your particular needs.

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Family Law Attorney

Top 5 Things To Consider When Hiring A Divorce Attorney

Hiring an efficient divorce attorney is very important to decide to what extent he will be able to stand by you and try to help you win your divorce case. Not all lawyers are that loyal and they might simply keep dragging the issue for longer period of time. Some might just take money from both the parties and do something that is not good for either of you. It is very risky to hire such a divorce lawyer if he is not supporting you, and just worried about his money. Getting divorced is first of all very stressful. On top of it, if you get a lawyer who is not bothered to save you in the case, then you are almost heartbroken.

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Family Law Attorney

Contingency Fees: Things to know Before You Hire a Lawyer

Contingency fee is nothing but a fee asked by your injury lawyer at your first meeting. He might even ask you to sign and agreement before leaving his office. You might be wondering what this contingency fees is and why on the earth do you need to pay this to your attorney. Contingency fees may not be always charged and not by all attorneys. Contingency fees are most likely charged for real estate and business.

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Family Law Attorney

7 Personal Injury Claims

After an accident, it might be required to file the personal injury claims and also might be required to hire an attorney in some cases. Your insurance will decide how much the claim is worth and the best steps you can take to protect your legal rights.

Here are the 7 things you need to understand about the personal injury claims before you jump on trying to claim the accidental injuries.

1. Personal Injury case

Drivers are supposed to drive carefully without causing any accidents. However, if by mistake or due to some reason you are in an accident with another driver and the fault is not yours then you are still in a good shape. However, if you have injuries after the accident, then you have the every right to claim for these injuries and any other damages caused by the other driver. You can file a personal injury case, collect all the documents and evidence of the accident and your injuries and reach out for claims.

2. Negligence or anything else?

There are certain cases where the defective manufacturing of a product might be harmful to the employees. In this case, you really don’t have to worry about the claims and fighting out the case with evidence and proofs. You will be automatically covered under the accidental claim if it is proved that the product was defective and potentially harmful for the people who use them. On the other hand, intentional errors are never to be excused. In case you are held responsible shop lifting and hits you, then this was completely wrong, then, you will be liable for the claim, however, you should be able to prove your honesty.

3. Filing law suite

When you file a law suite, both the party lawyers will have to collect the necessary documents. Once this is done both the party lawyers try to settle it out of the trial. In most of the cases it works fine, while very few of them go to the trial.

4. Winning the case

If you are proven victim and the opponent is proven guilty, then you will be awarded for the damages, in terms of compensation for medical expenses, disability, physical pain, suffering, loss of pay you had at your work or any other damages caused.

5. Settlement

If both the parties try to negotiate on a settlement, then you would agree for getting some money for the expenditures you had in exchange with closing out the case and promising not to drag it to trial. This helps your opponent from saving their name getting listed in the civil records or case trials. You might have to consult this with your lawyer and decide if you can go ahead with the settlement, because that is beneficial for you too.

6. Punishment

There won’t be any punishment unless there is loss of life in the accident or unless the case turns into a criminal case from a common civil case. If there is a proof that the other party has intentionally tried to harm you, then it would turn to become a criminal case, rather than the civil case. Otherwise, there won’t be any punishments in such unexpected accidents.

Accident between a car and a truck

7. Being timely

If you are planning to file a personal injury law suite, then you need to know what is the amount of time you have from the time of accident to filing the law suite. Different states have there own time limits. Consult an accidental attorney in case you are not aware of it. In case you miss your deadline then your case will not longer be considered and you will have to bear all the injury expenses.

Family Law Attorney

Actions Against the Police :WHAT CAN I SUE FOR?

Most of the complaints people have on the police is due to their misconduct when the police usually violates a citizen’s civil rights. Under the constitution or the Federal law, it becomes most unlawful for anyone who deprive other person’s rights. Sometimes, people are held responsible by the police even though they haven’t committed the crime. Hence the rage in public arises for such bad conduct police officers.

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Family Law Attorney

Defenses to Divorce

The types of fault most commonly recognized as grounds for divorce are adultery, mental or physical cruelty, desertion or abandonment (usually for at least one year), nonsupport, gross neglect, alcoholism or drug addiction, impotence, insanity, and conviction of a felony (a prison sentence of at least one to three years may be required). One important ground rule:

To obtain a divorce based on fault, the innocent spouse must be the one who initiates the legal proceedings; a person cannot go out and commit adultery, then file for divorce on the ground that he or she has been unfaithful. In some states, a divorce is available if the parties have been separated under court order or written agreement for a specified length of time, ordinarily six months to two years, depending on the state.

Before no-fault divorces, adultery and extreme mental cruelty were the most common types of fault alleged in divorce actions. The adultery often was staged or committed with the other spouse’s approval. The “guilty” spouse usually would be caught in the act by the “innocent” spouse’s private investigator, who always had enough time to take several incriminating pictures for evidence.

Divorces based on mental cruelty frequently included testimony from friends, neighbors, and relatives, stating that they had heard one spouse verbally abuse or humiliate the other incessantly. The children might even be called to testify about general living conditions—the house was unsanitary, a parent was drunk every night—or about constant and heated arguments they overheard between their parents. Not infrequently, except for the children’s testimony, much of the testimony was exaggerated, even completely fabricated, to ensure that the divorce would be granted.

Suppose that you spouse sues you for divorce, but you don’t want one. Is there anything you can legally do to “defend,” or prevent, the divorce? Defenses to divorce actions aren’t nearly as important today as they were forty or more years ago, when divorce were harder to obtain. Defenses are only relevant in divorces based on fault. No-fault divorces are essentially un-defendable: If one spouse wants a divorce, there isn’t much the other can do to stop it.

In a fault divorce proceeding, if an innocent spouse forgives the adulterous spouse, the defense of “condonation” stops the divorce. Another defense is the assertion that the other spouse provoked the conduct complained of. The provocation must be sufficient to justify the wrongful act, however. For instance, a husband cannot justify an adulterous relationship because his wife refused to have intercourse with him one night.

At one time, a frequent defense was recrimination: The spouse who filed for the divorce was accused of being equally guilty of immoral or other wrongful conduct. If the wife asked for a divorce on the ground that, say, her husband committed adultery, the husband could defend the divorce on the basis that the wife herself had also committed adultery. Even if the husband agreed to get a divorce, some court would not give the couple a divorce, since they were equally culpable. Holy wedlock became unholy deadlock. This made absolutely no sense, as the two people obviously no longer wanted to be married, and the marriage was beyond salvage. Today most court simply would grant the divorce, end the couple’s suffering, and let them get on with their separate lives.

When divorces were permitted only because of one spouse’s fault, a couple who could no longer live together occasionally would agree that one of them should commit adultery so they could get the divorce.

Unfortunately, if the judge found out about it, he or she would deny the divorce because of the parties’ collusion.

Family Law Attorney

Spencer County Prosecutor

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