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Is It Better to Go It Alone or Get a Divorce Lawyer?

Posted by on Sep 9, 2018 in Divorce | 0 comments

Divorce can be expensive, which can make people eager to save money where they can. The most often way to do this is by refusing to hire a divorce lawyer and trying to handle the process on their own.

Now, up front, this is definitely possible, and people do represent themselves in divorces all the time, but there are a lot of reasons why this really isn’t the way you want to go when you’re getting ready to go your own way.

Why, you may ask? After all, on the surface, it seems pretty straightforward. If you can work out an agreement with the spouse you are divorcing on all the major issues, you can file the paperwork for the court fee and get through it all fairly quickly.

That’s a very rosy way of looking at divorce, and it often doesn’t hold up in reality. But just to prove this point, here are a few important points gleaned from an experienced divorce lawyer.

First, divorce is often a longer process than people think it is. While many people assume it’s like in the movies, with a few minutes spent in front of a judge and then complete freedom, the reality is that a divorce can take months or years to complete.

Part of the reason for this is that dividing two lives that have previously been so united can get messy very quickly. You may think you have an agreement in place with your soon-to-be-former spouse, but that agreement still has to be formalized. Suddenly, they don’t want to make spousal support payments at all. Or, they can’t stand the idea that they only get the kids on weekends. Or, they don’t want to lose the house, they love it too much.

There are all kinds of ways an agreement can go wrong, even when spouses are on good terms, as they go into a divorce.

Lawyers can clear all of this up. They can take care of the paperwork and most of the other work so that while the divorce is going on, you aren’t dedicating your life to it. They can also work out the best deal in a passionless way between themselves so that there’s no chance for a sudden rise in resentment to destroy an agreement.

That’s all great, but the real reason you want a divorce lawyer is because they know the law, and they only represent you. While you may not wish your spouse any particular evil, you definitely want to come out of the divorce the happier person if someone has to be better off. With a divorce lawyer, you’re much more likely to get the best possible deal, and when it comes to your home, your car, your income, your debt, and especially your kids, you really do want to get the best deal out there.

If you are really confident that you and your partner can work these issues out on your own and both walk away happy, by all means, save the money, but if there’s any chance it won’t be so simple, get a divorce lawyer now.

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Drunk Driving: A Common Cause of Traffic Accidents

Posted by on Aug 3, 2017 in Car Accidents, Personal Injury | 0 comments

Navigate any news website and you will realize that a significant portion of car accidents are caused by drunk driving. It is a reckless behavior that is up there with speeding as one of the most common causes of traffic accidents.

Alcohol and Its Effects on Driving Capability

But why is drunk driving so dangerous? This is because of the effects of alcohol in the body. It can compromise a person’s body coordination, ultimately leading to poor vehicle control. It can also compromise mental strength, ultimately leading to poor comprehension of the objects and events on the road and slow reaction time. There is also the emotional distress and reckless tendency of those who are under the influence of alcohol.

People drive while drunk mainly because of confidence that nothing bad is going to happen to them. They will go home without crashing, and they will not be pulled over by a police officer. It is the local government’s responsibility to remove this mindset.

Local Government’s Role in Drunk Driving Prevention

The local government can do a lot of preventive measures, like creating an anti-drunk driving campaign, spreading awareness regarding the dangers of drunk driving, setting up sobriety check points in strategic locations in the city to increase the chances of arrest, and creating laws that will further deter the deed.

Drunk driving is already illegal all throughout the United States. A convicted drunk driver can face numerous penalties, including fines, license suspensions, probations, and worst of all, jail times. Also, according to the website of Habush Habush & Rottier S.C. ®, those who have been hurt because of drunk drivers may get justice and compensation. In other words, if a drunk driver has injured someone else, he may have additional liabilities other than the penalties he may face.

How Drivers Can Avoid Drunk Driving Themselves

To avoid drunk driving, a person can either avoid being drunk so he can drive safely or avoid driving so he can be drunk as much as he wants without liability. The former is simple, because you can always just say no to your friends and control your alcohol consumption. But the latter can be complicated, especially if you haven’t made any plans.

To avoid the driving part, just leave the car at home if you are planning to go party the night out. You can take public transport. If you already have the car with you, you should get a designated driver or just stay put. The key is to let a sober person drive for you, either a public transport driver or a sober person you know.

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Common Ways to Sustain a Traumatic Brain Injury

Posted by on Jun 8, 2017 in Medical, Personal Injury | 0 comments

The brain is one of the most important parts of the body, so it is not hard to believe that a traumatic brain injury can significantly change the life of a victim. He is lucky if the injury is mild, but if it is severe, he may experience serious cognitive, motor, and sensory problems.

According to the website of Mazin & Associates, PC, those who have sustained brain injuries may have legal options. This is particularly true for the victims who have sustained them because of the fault of another party, especially if negligence or recklessness has been involved. But how can such an injury be sustained? There are different ways how.

Closed Head Injury

The most obvious way to sustain a traumatic brain injury is by receiving enough traumatic force into the head. Usually, this force comes from falling accidents, traffic accidents, sports and recreational accidents, and violence. These accidents typically don’t involve skull penetration.

Open Head Injury

Like a closed head injury, an open head injury is sustained by receiving enough force. The difference is that open head injury primarily involves skull penetration, usually from bullets, flying debris from car accidents, and other projectiles.

Acceleration-Deceleration Injury

When the body is moving and suddenly decelerates or stops, the parts inside the body goes in a jolting motion that often causes injury. The brain is particularly vulnerable to this motion because of its gelatinous consistency, not to mention that it is enclosed in a hard casing in the form of the skull. Unlike closed and open head injury, an acceleration-deceleration injury does not necessarily require the head to be hit, because the jolting motion alone, if it is strong enough, can already cause damage.

Explosion Injury

This is perhaps the least obvious way to sustain a traumatic brain injury, because it doesn’t involve a blatant hit in the head and it doesn’t happen every day, unlike car accidents. The blast wave may cause injury to the brain. The victim may also get thrown onto a hard surface or get hit by a projectile from the blast. Either can also cause a traumatic brain injury.

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How Divorce Affects Estate Planning

Posted by on Mar 12, 2017 in Estates Planning | 0 comments

Filing for divorce is one of the most stressful and emotional events one can be in. Not only does divorce affect the emotional life of those involved, but also their financial present and future. This includes estate planning. Estate planning is a good way to ensure the future of yourself and your family, but a separation scenario like a divorce can shake things up. It is good to know that there are legal professionals out there who focus on estate planning, like the Arenson Law Group, PC. After all, it is not one of the simplest things to deal with. But how does divorce affect estate planning, specifically? Most of the issues involve beneficiary problems, like discrediting the ex-spouse and ensuring the inheritance of their children.

Revoking your will

If you have already written a will where you leave your property to the person of your choice, name an executor that will be needed when the time of passing arrives, and designate a guardian for children if necessary, it is time to revisit your decisions, because you probably don’t agree with them after a divorce. Getting a lawyer can help you write a new will and a living trust.

Ensuring your children’s future

While married, you may think that it is okay to leave everything behind to your spouse, trusting that the children will benefit from the assets as well. But on divorce, you don’t have that trust anymore, so the need to ensure that your children and them alone can benefit from your properties arises, especially if the ex-spouse is planning to remarry. Revisit your estate plan and make sure that your children will get your property and life insurance proceeds.

Remarrying

A divorced person typically wants to leave everything behind the surviving children and new spouse, and not having the proper estate plan documents can prevent that from happening. One such document is the premarital agreement, wherein provisions regarding a division of property after a divorce are placed. Without a good premarital agreement, you are prone to disinheriting your children and giving a significant portion of your assets to your new spouse.

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Mineral Rights

Posted by on Mar 11, 2017 in Government | 0 comments

Advantages of Selling Your Mineral Rights

There are many reasons why you would want to sell mineral rights. Maybe you need quick bucks because of an emergency. Maybe you want guaranteed money to secure your family’s future. Maybe you want to take advantage of competitive prices. Whatever your reason is, it doesn’t change the fact that selling your mineral rights have inherent advantages.

Getting Quick money

You can receive a huge lump sum in selling your mineral rights. That quick money can be used to pay debts, cover your retirement, and solve other financial issues that need to be addressed immediately. In a sense, selling your mineral rights give you financial security, especially if you use the money wisely.

Taking advantage of a resource boom

It is fair to say that the world still relies on non-renewable resources, such as oil and gas. But that won’t be the case forever. The world is slowly turning its head to renewable resources. The demand for non-renewable resources is still high, so this might be the perfect time to cash in before these resources become less and less valuable as renewable resources become more and more accessible and efficient.

Eliminating the Risk of Market Fluctuation

Determining the value of these minerals in the future is hard, especially because of uncertain factors such as the rise of renewable resources. So it might be better to sell your mineral rights now instead of sleeping on it and seeing its value depreciate more and more.

Selling or not selling your mineral rights is an important financial decision that can greatly affect your life. To ensure that you are maximizing the advantages of selling your mineral rights, it is best to get the assistance of mineral rights brokers, such as those from The Mineral Auction. Selling mineral rights should not be extremely complicated and risky, so getting help from those who know what they are doing is most likely a good investment.

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Starting Your Business

Posted by on Mar 10, 2017 in Business Law | 0 comments

Questions to Ask Before Starting Your Business

Starting a business is an important decision in your life because it will change your lifestyle. That is why it is important to know whether you are really up for it or not. If you are not, you may not be able to sustain that business for a long time, because business needs determination, hard work, and skill. It is not easy money.

Before you start a business, here are some of the other things you need to figure out.

Why do I want to start a business?

Most of us dream of being our own boss, so we start a business even though we have not thought it through. Many times this results into businesses that fail, either because we choose a business that is profitable but we are not interested in or a business that is not profitable but we are interested in. This will present conflicts in terms of determination, hard work, and skill.

What problem does my business solve?

Business formation is not just about getting easy money. That can’t be stressed enough. Business is also about solving a problem in society, delivering a good that makes life a little better, and giving a service that has a demand. A business should satisfy a need, and that need determines the value of the business.

How is my business different from the others?

Even though your business is satisfying a need, there are probably other businesses out there that do the same thing, so you should think of a way on how to make your business stand out from the competition. There are many aspects of a business that can stand out, like product quality, service quality, competitive pricing, and good customer service.

How many resources do I need?

Do not be afraid to delay your business formation because of financial issues, such as projected budgets and lack of funds. Everything does not have to be perfect, but you should have a clear idea on how much you need and how you are going to circulate that money to form and operate your business. There are other resources to consider as well, such as people.

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Transvaginal Mesh Complications

Posted by on Mar 9, 2017 in Medical | 0 comments

Transvaginal Mesh Complications

A transvaginal mesh is a surgical mesh used to treat pelvic organ prolapse and stress urinary incontinence, which are conditions that can be sustained after childbirth, menopause, or a hysterectomy. The term transvaginal refers to the process of how the mesh has been inserted, and it is through the vagina.

A transvaginal mesh obviously has good intentions, but there are instances where it actually causes more damage than treatment. Patients are known to get complications because of the mesh, and it transvaginal mesh lawsuits are not out of the question. There are even legal professionals out there that specialize in them, like Williams Kherkher. The fact that the issue is getting the attention of medical and legal professionals alike is enough reason to fairly say that it is serious.

Erosion

One of the complications patients can sustain is mesh erosion. Mesh can wear through soft internal tissues, break into pieces and cut the vagina, bladder, and bowels, or shrink and cause pain and damage to surrounding tissues. Symptoms of erosion include bleeding, pain in the surgical area, pain during sex or urination, and poking sensations near the affected area. Mesh erosion treatments generally involve the extraction of the entire mesh or all of its parts if it has broken down into pieces.

Infection

A transvaginal mesh has a net-like structure, so there are a lot of tiny spaces where bacteria can develop and hide. The bacteria can even form a film in the mesh, allowing them to colonize and live there for months and even years. This may result into abscesses or collections of pus that has built up in bodily tissues.
Organ Perforation

The mesh can also perforate or puncture organs as it breaks or erodes. The most vulnerable organs are the bladder, rectum, and urethra. Perforation can lead to infections, and there are instances where they can also cause further complications. One such complication is a septic shock, which occurs when the mesh punctures organs and cause urine and waste leakage to the bloodstream.

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Lacerations from Dog Bites

Posted by on Mar 1, 2017 in Dog Bites | 0 comments

Property owners and dog owners should keep their dogs restrained or inaccessible to others, especially to visitors or passersby. According to the website of Goings Law Firm, LLC, those who have been hurt in dog bites may be able to get compensation from the owners.

Some of the most common injuries associated with dog bites are lacerations, or deep cuts in the skin or flesh. These injuries may be sustained because of the dog’s teeth, and their severity may be affected by the dog’s jaw strength and the sharpness of its teeth.

Possible Consequences of Lacerations
Bleeding: This can be associated with most wounds, but it can be particularly dangerous in dog bites lacerations. This is especially true if the dog bite is deep.

Disfigurement: Lacerations can also end up disfiguring the affected body part. The worst lacerations involve disfigurement to the face or hand. This does not only result into pain and suffering, but also into low self-confidence.

Infection: Dogs have the tendency to be around dirty things, so their teeth may be full of bacteria that can cause infections once the teeth contact the skin or flesh of their victims. Other complications, such as rabies, should also be taken into consideration.

Nerve Damage: The loss of muscle function and other similar symptoms may also result from lacerations. Like bleeding, this is more likely if the dog bite is deep enough to reach and damage nerves.

Post-Traumatic Stress Disorder: Flashbacks, nightmares, hallucinations, and other instances where the dog biting incident can be re-experienced by the victims are also possible consequences of dog bites and lacerations, possibly resulting into other psychological problems like social withdrawal.

Scarring: Many dog bites and lacerations end up leaving marks on the affected areas. This can cause problems in a cosmetic sense, especially if the affected area is the face.

How to Avoid Dog Bites
Property owners and dog owners are not just the only ones who should make the effort of avoiding dog biting accidents. You, as a visitor or a passerby, should also be considerate. Below are some of the things you can do to avoid such accidents:

  • Avoid being too close to the dog
  • Do not provoke the dog
  • Do not give the dog a reason to defend itself, its young, or its property
  • Watch out for signs that a dog is about to bite, such as growling or being in a pouncing position
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Factors that may Result to a Modification in Child Custody or Visitation Rights Decision

Posted by on Oct 23, 2016 in Child Custody | 0 comments

Though states usually differ in some of the factors they consider in the determining who between the parents gets custody of the child, there is one constant principle that serves as a guide in every decision making: the child’s best interest.

What actually may be considered as falling within the scope of “best interest of the child,” can definitely be contested; however, the following have been deemed necessary to be included in the determining factors:

  • The amount of involvement each parent has in the child’s activities;
  • The level of relationship the child has with each of his/her parents;
  • A parent’s lifestyle, stability, and health which can affect a child’s academic performance;
  • The child’s age and gender; and/or,
  • The health risks and safety of the environment where the parents live.

Child custody is one of the most sensitive divorce-related issues, not only because it concerns the future of another person, but also because many spouses never get to agree on the issue, necessitating a court proceeding wherein the family judge will have to be the one to decide on the matter.

After determining who gets custody of the child/children, it is implied that the other parent, the non-custodial one, will have settle for visitation rights in order to be with his/her child (many courts, however, now consider awarding custody of the child to both parents, especially if this decision will be in the child’s best interest). Both custodial and non-custodial parents are expected by the court to abide by and respect all court decisions pertaining to the future of the child; all court decisions shall be binding unless these are changed by the court itself due to a petition from either of the parents.

Any of the parents may request for change or modification in custody decisions; however, this would only be honored by the court if the petitioning parent can prove (without doubt) that current situations indeed necessitate a change in the court’s original decision.

Some of the more specific reasons why an original custody decision or visitation rights may be modified by the court, include:

  • Frustration of the non-custodial parent’s visitation rights;
  • Estrangement of the child’s affections from the non-custodial parent;
  • Change of residence without informing the non-custodial parent;
  • Material and substantial changes in the life of the custodial parent (such as his/her remarriage);
  • Child’s preference;
  • Unfavorable environment;
  • Relinquishment of custody; and,
  • Death of custodial parent

As pointed out by a Manhattan Beach child custody lawyer, any parent will naturally do everything for the sake of his/her child, even if it means keeping the child away from his/her other parent, especially if such parent can be proven as unfit. This may not be an easy task though, as it will require legally acceptable and convincing arguments to make the family court judge recognize and accept any new evidences. In this endeavor, a highly-competent child custody lawyer could be one of the best persons who may be able to help convince the judge to modify early decisions arrived at.

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A Legal Solution that Will End Your Debts

Posted by on Oct 22, 2016 in Bankruptcy | 0 comments

After six months delinquency in paying your mortgage, credit card bills, car loan, student loan and other types of loans, your creditor bank will be forced to consider your account as bad debt. This will make (your bank) refer your account to a collection agency, the job of which is to make you or your business firm pay whatever it takes (which is often through harassing tactics).

Millions of Americans suffer too much stress and worry due to overwhelming debts which has already become impossible for them to settle. Many run why or quit their job after being humiliated by collection firms. Well, obviously, they have not heard of, or are just too afraid to try resolving their problem through, Bankruptcy.

Bankruptcy is the U.S. government’s way of helping business and individuals save themselves from overwhelming debts to have a brand new financial start. To file Bankruptcy is to legally declare an individual’s or a firm’s incapacity to pay debts.

The US Bankruptcy Code law has different Bankruptcy chapters, each designed to address an individual’s or a firm’s specific financial situation. Chapter 7 bankruptcy law or liquidation bankruptcy law, for instance, provides for the selling of certain assets and/or properties by a court-appointed trustee. The proceeds will be used to pay off non-dischargeable debts (which are usually government-related) with the remaining amount to be returned to the owner of the property and assets.

There is also Chapter 13 bankruptcy law or Debt Adjustment plan, wherein the court requires debtors to design a three-year debt-payment scheme, making payments more affordable. Besides allowing debtors to keep their properties, this chapter also lets them continue with the operation of their business.

There are other bankruptcy law chapters, such as chapter 11(also known as business reorganization) and chapter 12 (which is designed for families whose farming or fishing business produces a regular annual income). The beauty of bankruptcy is, it will not only enable you to legally settle your debts; it will also erase some of your debts which are not protected or dischargeable.

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