Saturday, July 31, 2010

Collaborative Divorce - Dealing With Divorce in a Subtle Manner

It is widely known that divorce is an extremely painful process. It has a deleterious effect not only on the divorcing couples but also on their families and children. However, Collaborative divorce prepares you to deal with the emotional challenges and sail through the difficult process easily. It helps you make a healthy transition from married to single and begin your future on a more positive note.

It also helps children to approach the situation calmly. In a collaborative divorce you will be made to realize your financial situation. It educates both you and your spouse about problem solving techniques. This will help you deal with differences among each other in a more constructive way.

It helps you and your spouse reach at a consensus easily whether it is regarding your assets, finances or children. You will be able to resolve your conflicts in a creative and nondestructive manner. You will stop focusing on the past differences; on the contrary will concentrate on the future. You will learn how to approach life with a positive frame of mind.

You can protect yourself and your loved ones from the havoc created by an adversarial divorce by approaching it in a subtler form of collaborative divorce. It is indeed a better way to end a marriage without destroying a family with the negative impacts of divorce.

It emphasizes healthy relationships, provides attention to detail and focuses on the future. This helps you end your marriage in a peaceful manner and approach future in an optimistic way.

Collaborative divorce offers productive and widespread support to the divorcing couples as well as their families. It takes care of the emotions and needs of all the people involved - you, your spouse, your families and children.

Friday, July 30, 2010

Child Custody - The Law and Your Rights

There are few subjects as controversial as child custody. It is an issue wrought with emotions, and can be very destructive to the youngsters involved. The most effective method of dealing with child custody is for both parents to be aware of the legal facts, and be willing to cooperate with the court's decisions.

In Georgia child custody cases, as with many states, it is the purpose of the court to make decisions which are in the best interest of the child, and, when necessary, ensure that the parents comply with these decisions. The more cooperative the parents are, the less traumatic child custody arrangements will be to everyone concerned-- especially the youngsters.

Prior to litigation, the parent who currently has physical custody of the child is said to have temporary custody. It then becomes the place of the court to determine which type of custodial arrangement will be in the best interest of the child. The possible types of custodial arrangement include: joint custody; sole custody; and, in the instance of more than one child, the option of split custody.

There are numerous factors which the court will consider in determining the custodial arrangement that it feels will be best for the child. However, while such factors as parental fitness, location of residences, financial qualifications, and other factors are strongly taken into consideration, Georgia is one of the states in which the child's own wishes and preferences are seriously considered.

Visitation arrangements are a part of the Georgia Child Custody decision. This, too, is intended to reflect what is best for the child. The Georgia courts have a very strong principle in visitation-- in essence, that it is nearly always best for the child if he have regular contact with both parents and other family members. It is very rare that the court will deny visitation privileges to a noncustodial parent; when necessary, visitation arrangements include supervision by a third party, as well as restricted locations.

As some parents are prone to misusing custodial and visitation arrangements for trivial or vindictive purposes, the court can intervene in such cases and ensure that its decision be upheld.

Thursday, July 29, 2010

The Georgia Department of Corrections

The Georgia Department of Corrections protects and serves the citizens of Georgia by providing an effective and efficient department through a highly dedicated and trained professional staff. They administer a balanced correctional system, which reduces future criminal behavior. The department's mission is to protect the public, serve victims of crime and reduces crime rates. They provide safe and secure facilities to the offenders. They also provide effective community supervision and effective methods of self-improvement for offenders.

The department consists of 14,430 employees and is led by Commissioner James E. Donald. The major divisions are: Executive officer, Facilities Division, Probation Division, Human Resource Division, Administration Division, and the Georgia Correctional Industries. The department is providing spaces for the prisoners who are waiting for their trials and other prisoners. The department has a large space to hold this large number of prisoners. They provide the good services to the people here. The prisoner is restricted from the outside world and other comforts. They are given the hard work and hectic schedule. Every prisoner has to follow the instructions of the department and complete his work. The department is well known for the services it provides to the society. This is the oldest department and serves a large number of people.

The employees of the department are also responsible and alert. They are at their best to assist the department. All prisoners are equal here. No one is big or small, rich or poor. The department is holding the prisoner from political background. Some times the offenders who already sentenced to prison are also kept here. They are shifted to the jail after a specified number of days. The area covered by the department is also very large. They people are serving the society by providing new meanings to the life of the people being here. They use different approaches for different people and try to correct them. The department of correction, Georgia is really working for the betterment of society.

Wednesday, July 28, 2010

A Divorce Lawyer Does Not Always Have to Mean Divorce

It may seem drastic, but consulting with an attorney regarding your domestic situation may be the best decision you ever made, and in some instances, it may even result in resolving your marital differences. Not every visit to a divorce law office has to mean the end to your marriage or domestic relationship. Let's face it, marriage is not easy. It takes a lot of work and dedication and it must be given that love, dedication and effort by both parties. It certainly cannot be one-sided all the time. Unfortunately, there are some situations that get so bad that the relationship may seem irreparably damaged. At that point, it may be wise to seek the counsel of a divorce lawyer. But just because you make an appointment with a divorce lawyer does not mean you will definitely end up getting a divorce.

If you are having trouble in your marriage and you feel you may need to consider divorce but are not quite ready to take such a big step, a divorce lawyer can help you explore your options. A lawyer may be a good sounding board to hear what you are going through in your relationship and can advise you as to your options. Remember that a divorce lawyer sees and hears all types of domestic disputes all day every day. As such, you will be in the presence of someone who has seen relationships that are beyond repair and ones that have hope. This type of lawyer will also have access to a number of referrals to help you through your situation, especially family and marriage therapists who may be able to provide you and your spouse marriage counseling.

Chances are, however, that if you are serious enough to make an appointment with a divorce lawyer, then more drastic measures need to be taken. This does not mean that you have to file divorce papers. Your attorney can help you with an interim step that may or may not end up leading to a divorce at a later date. Your attorney can help you file for a legal separation. This is a situation where formal documents are drawn up and filed with the court which set up certain ground rules between a married couple related to finances, property and children, if there are any from the marriage. But it is not a divorce in that it is not a final dissolution of the marriage.

There are some benefits to filing for legal separation. If you do end up filing for divorce at a later date, then a lot of the paperwork, custody arrangements and financial aspects of divorce will have already been worked out. Very little will be left to deal with and coming to a settlement will be quite easy at that point. It also helps to give the couple a trial separation so they can get used to how it would feel were they to ultimately divorce. Many people will find that they do not want to live apart anymore and do their best to work out their differences. Of course, there is a cost to filing for legal separation, to wit, the fees of the divorce lawyer to draw up the paperwork and costs for filing. But for many this is a worthwhile step.

Another group of people who need the services of a divorce lawyer nowadays are homosexual partners who have applied for a formal domestic partnership. Because this is a legally recognized form of relationship that brings with it certain rights, the dissolution of this formal relationship requires legal assistance to divide up the property and finances of such couples. More importantly, when there are children that have been born out of a domestic partnership, a custody agreement must be drafted and filed with the court.

A divorce lawyer is essential when a marriage or domestic partnership has broken down so completely that a formal dissolution of the relationship is being strongly considered. A divorce lawyer can provide invaluable advice that may lead to a referral to marriage counseling, a perspective based upon experience in dealing with relationship woes on a daily basis, or a formal legal trial separation agreement. The worst-case scenario is that you end up retaining the attorney to file for divorce or dissolution of a domestic partnership and everyone ultimately goes their separate ways. But you can do so knowing that your lawyer kept your best interests first and foremost.

Tuesday, July 27, 2010

How a Speeding Ticket Tax Might Effect You As a Driver

In the state of Georgia there is a program they designed to help balance their budget shortfall. This program is the speeding ticket tax. The concept is that certain drivers are hit with extra fines on top of their speeding ticket for the state to raise even more revenue. There are four other states in the country that have similar programs with other states watching and waiting to see if this type of tax works on speeding tickets. Could this effect you and make you pay more fines?

Basically, this program works by charging extra to repeat offenders. If you have points against your license for any reason whether it be parking violations, outdated tags, and other things not related to speeding, you are vulnerable to this tax. If you go above certain speeds and get a speeding ticket with these points on your license, you have to pay even more above and beyond the price of the ticket.

What can the average person do about this?

The most obvious is to drive safely and avoid these types of problems in the first place. But if you do get any sort of ticket, speeding or not, you need to attempt to fight it in court at least to get the points off your license.

There are two ways of doing this. The first is to ask for alternative punishments like traffic school where you have to take a class but generally are not hit with points on your license. The second is to learn how to beat tickets in court with real defenses that can help you win. Either of these should keep your license clean and prevent extra taxation and fines.

Monday, July 26, 2010

If Your Business is Sinking, Consult a Chapter 11 Bankruptcy Attorney

It is really a dream of many individuals to own their very own company. The thought of employed by themselves, setting their own working hours and selling services or products in which they're individually interested seems extremely appealing. What most people do not realize, however, is the quantity of responsibility that includes running their own business. From product or service sourcing to advertising to sales, accounting, and taxes, there are lots of responsibilities involved in running a business which take time, and suitable understanding, to do. Modest mistakes can lead to big difficulties for the company's stability.

People who are not ready to take on or outsource the responsibilities discover fast that they have bitten off a lot more than they are able to chew. Individuals who did not enter having a good and sound strategic business plan quickly find themselves in trouble- and several times, this particular trouble ends up being financial. Whenever a business owner finds himself in dire straits, they ought to consult a chapter 11 bankruptcy attorney and discover what their rights under federal law are just before simply giving up on the business.

What is chapter 11? In general terms, this is a type of financial reorganization that usually enables businesses to continue to perform while they stick to debt repayment plans generated by the court as well as the company's lenders. The concept here's that otherwise workable businesses are allowed to continue to perform simply because they'll generate income, protect jobs, and then pay off creditors over time. Selling off the resources of the business to pay debts is a opportunity, but it may well not satisfy all of the indebtedness, and could force a company, small or even large, to close its doors. Oftentimes, a reorganization which allows for a pay back plan that everyone agrees to makes much more sense than closure of the company.

Chapter 11 can also be used by individual consumers. This would be in circumstances where the individual's earnings was more than the actual limits that are set in other types of insolvency, such as 7 as well as 13. For all those without companies, this is not usually suggested as it is much more complex and costly to pursue than other forms. Additionally, as you can find out from a chapter 11 bankruptcy attorney in a free of charge consultation, the percentage of successful situations is not that high.

In small company cases, the resources of the business as well as the assets of the holder are at risk. These assets can be used to pay out lenders or the owner may be pushed to file for personal insolvency protection. Due to this, consulting a chapter 11 bankruptcy attorney is recommended. Although one can file for insolvency on their own using the documents and info discovered via the web, the laws encircling this legal protection are extremely complex. A Chapter 11 bankruptcy attorney has a detailed knowledge of the laws and can explain how filing will have an effect on the business owner as well as the company. In fact, a chapter 11 bankruptcy attorney is compensated to work in the best interest of their client, and can protect their client as much as they can.

Sunday, July 25, 2010

Divorce Advice For Men - Not Having it Can Be Costly

The biggest mistake divorced men make is not seeking divorce advice before they meet with an attorney or file for a divorce. Maybe it seems like a lawyer should be able to tell you everything you need to know, or perhaps you and your wife have agreed to end things on a friendly or at least agreeable note. But things have a way of going haywire in a divorce situation and can soon be raging out of your control unless you know what to expect, how to protect yourself, and how divorce law is administered in your state.

Consider this: When you meet with a divorce lawyer, the first thing he wants is your retainer up front. A down payment. Money. So you know where his interests lie.

And if you and your wife couldn't work things out in your marriage, what makes you think you can amicably come to terms during a divorce? It's not unheard of, and it's great for everyone if you can do it, but the fact is, you won't do it by putting your head in the sand and staying ignorant of the process or the procedures divorce entails. And if you want to protect your rights, you need to know what your rights are. You need to know the law and how to apply it to your situation.

Many states now have no-fault divorce. That means no one has to be at fault or to blame for the breakup of your marriage, at least not legally. There need be no name calling or stone throwing. The judge doesn't care why you're getting a divorce, only that you want one. And if everyone is perfectly honest, the sad fact probably is that both of you are probably at fault since it takes two to fight, so there's really no point in passing blame.

But regardless of good intentions to stay on friendly terms, when it comes right down to dividing up possessions like the house, the cars, the savings, the retirement account, your investments, and most especially, the children and their time, you are probably going to find yourself at odds with your wife and find yourself needing divorce advice. The question is, will you get good advice, from whom, and will you get it before you need it or after it's too late?

Even if things start out smoothly, that can change rapidly. What happens if your wife suddenly decides she wants full custody of the kids? Does the law automatically favor the woman as the best person to raise them? In some states, yes. But that doesn't mean there aren't things you can do to improve your chances of gaining custody.

And what about possessions, existing bills, and financial responsibility for the children's health insurance, medical expenses, braces, school tuition, and other necessities, in addition to child support. Who is responsible for paying what? And who gets to make the decisions about things with the kids, like whether they can get their navel pierced or a tattoo or join the service before they turn 18?

Once things start to totally fall apart, you'll find yourself asking for divorce advice from every divorced guy you know. Unfortunately, he probably won't know how to help you because he'll still be too busy being bitter over losing his shirt and everything that used to house it in his own divorce action.

If your marriage is on the verge of ending and you're planning to divorce your wife, for whatever the reason, you need good solid information and divorce advice, and you need it fast ... before you agree to anything, make sure you know what your legal rights are, and know those rights vary from state to state, sometimes drastically.

Saturday, July 24, 2010

Starting Your Own Law Practice? Pick the Right Legal Structure

Please keep in mind that this is not legal advice. The information provided herein is for educational purposes only. If you believe you require assistance in deciding which business structure is best for you, then you are encouraged to seek a professional.

In this article, I'll be discussing general partnerships, which can be distinguished from limited liability partnerships (discussed in another article)

Defined
Ontario's Partnership Act governs general partnerships. A general partnership is "the relation that subsists between persons carrying on a business in common with a view to profit". Here, the word "business" includes "every trade, occupation and profession". You may need to consult with a lawyer to determine if you're already involved in a partnership (without even realizing it!). In these situations, you may be subject to the Ontario's Partnership Act and other legislation.

Advantages
The partnership structure offers the advantage of having someone to brainstorm your cases with, share the expenses, and expand your database of clients. Partnerships typically generate a great deal more money than sole practices. The larger the law firm, the more likely it is that a practitioner will be handling large cases for large clients who generate large legal fees (see Judge William Huss, Start Your Own Law Firm: A guide to all the things they don't teach in law school about starting your own firm, (Illinois, U.S.A.: Sphinx Publishing, An Imprint of Sourcebooks, Inc., 2005), p. 14)

Felicia S. Folk points out the advantages of the general partnership in Getting Started: Opening Your Law Office (updated September 2004), Law Society of British Columbia, p. 6: online: Law Society of British Columbia:

* shared financial risk;
* continuity of cash flow when you are on vacation or ill;
* additional sources of capital and clients;
* broader management base;
* division of labour;
* ability to discuss all files with your partner;
* ability to provide clients with different areas of expertise; and
* sharing cost of associates and support staff.

Disadvantages
Felicia S. Folk points out the disadvantages of the general partnership in Getting Started: Opening Your Law Office (updated September 2004), Law Society of British Columbia, p. 6: online: Law Society of British Columbia:

* divided authority;
* hard to find suitable partners;
* conflicts among partners;
* liability for partners' actions; and
* less freedom to choose clients.

Ease of Creation
Ontario's Business Names Act provides that "[n]o persons associated in partnership shall carry on business or identify themselves to the public unless the firm name of the partnership is registered by all of the partners". In addition to registering the general partnership's name in the same manner as a sole proprietorship's, the partners will generally enter into a partnership agreement to modify the default rules prescribed by the Partnership Act. This partnership agreement will usually outline the relationship of the partners to each other and to third parties. The partnership agreement will also deal with issues such as "term of the agreement, names of the partners, who owns which of the assets, name of the partnership and who owns the name, capital contributions if any, how profits are to be shared, how the partnership is to be managed, how holidays and illnesses are to be handled, liabilities and disability insurance, admission and withdrawal of partners, how the partnership is to be run and conditions and mechanics for dissolution of the partnership" (Wendy E. Oughtred, Going It Alone: A Start Up Guide for the Sole Practitioner, (Aurora, Canada: Canada Law Book Inc., 1995), p. 51.)

The partners must also establish standards for fee distribution within the firm, including the means of rewarding lawyers for bringing business ot the firm, as well as the lawyers who actually work on cases (Judge William Huss, Start Your Own Law Firm: A guide to all the things they don't teach in law school about starting your own firm, (Illinois, U.S.A.: Sphinx Publishing, An Imprint of Sourcebooks, Inc., 2005), p. 18).

Continuity
Unless the partnership agreement provides otherwise, a general partnership can be dissolved in a number of ways, including:

* At the expiration of the partnership's term, adventure, or undertaking (if specified);
* By the death or insolvency of any of the partners;
* By the happening of an event which makes it illegal for the partnership to continue; and
* On application by a partner in respect of prescribed circumstances.

Liability
In a general partnership, all partners are jointly and severally responsible for the liabilities of the partnership up to the total value of their personal assets.

Taxation
A general partnership is a flow-through entity, which means that income earned by the partnership is passed onto the partners without being taxed at the partnership level. If a partnership earns dividend income, taxable capital gains, or realizes a business loss, these sources would be received as dividend income, taxable capital gains, or business losses in the hands of the partners. The income, losses, and tax credits of the firm is first determined and then allotted to the individual partners in accordance with their equity interest in the partnership (as per the partnership agreement). The income earned by the individual partners will be fully taxed at their personal income tax rate. The fiscal year end of the partnership will be same as the individual partners - namely, December 31st of each year.

Friday, July 23, 2010

Marriage Advice From a Divorce Lawyer

My disclaimers:

I have been practicing law for over eight (8) years, over five (5) years of which I specialized in divorce and family law.

I have been married for almost a year.

Based on my background, I will share with you the secrets of having an everlasting marriage. Remember, good tips are specific. I can tell you to communicate, don't go to bed angry, be honest, be loyal, blah blah blah...but blanket statements, in my opinion, are not really helpful. Also, everything should be taken with a grain of salt. (I've only been married for a year - what do I know?)

1. Before you marry, define marriage with your to-be. WHAT does marriage mean to you? Here is a good tip. MARRIAGE IS FOREVER. It's not temporary, not "just for now", not "until he does something horrible". NO. It's forever. Before you enter in the sacred bond of marriage, you both need to understand that. If you have a fear of commitment, get over it, or stay single. If both of you have been married before, understand and accept that statistics has you pegged at 60% likelihood of getting divorced again. Discuss that. CONQUER your fears. Get a Prenuptial Agreement.

2. Discuss the tough, nasty topics that people tell you NOT to talk about. Yes, that's right. Talk about your ex'es, your seedy past, your addictions, fears, past arrests - whatever you are hiding, TALK ABOUT IT. I mean, I probably wouldn't do on the first couple of dates, but somewhere between that and engagement, you should definitely have an unveiling of all the crap that is out there. Here is a tip: EVERYONE has crap. Just because your crap is different than his crap, doesn't mean you are incompatible. As Leo Tolstoy said, ""What counts in making a happy marriage is not so much how compatible you are, but how you deal with incompatibility." And by the way, fighting is GOOD, if it's done right. I have learned that just because two people argue, it doesn't mean they don't love each other. And just because they don't argue, it doesn't mean they do. (More on this later).

Discussing taboo subjects will reveal your true tolerance for the person. Let's face it, time will reveal lots of things. But if you can expedite the process, why not do it before entering into forever?

3. Cherish your status as "eternal lovers, more than friends". I cannot count how many clients have uttered this line to me, "We love each other, but we are not in love." I empathize with that sentiment. I really do. But seriously, you're ending your marriage with a cliche excuse? Here is news for you - you and your spouse SHOULD BE the best of friends. That's expected. But, if you don't cherish your status as always "more than just friends", your marriage may be in trouble. There are many ways to remain as intimate as you were in the first two months of courtship, or even the first two years. Be affectionate towards each other. For some, that means taking out the garbage. For others, that means buying jewelry. For my husband and me, this means hugging and kissing every day. Whatever it is, find it. Don't ever lose your status as "eternal lovers, more than friends".

On that note, I read an article about Sexual Incompatibility. If your sex life is unfulfilling, TALK ABOUT IT. Sex is a taboo topic that NEEDS to be discussed, per my Advice Tip #2. If you are both honest and open, and keep an open-mind, any weirdness in the bedroom should be resolved. When you talk, you will realize that a lot of sexual problems stem from emotional roadblocks. I am a licensed attorney, NOT a psychotherapist, so I cannot tell you HOW to talk about it. Just do it.

4. Find a higher meaning to life (including your marriage), and share it with your spouse. In this world, nothing is certain except for death and taxes. You can never truly depend on someone - and that doesn't mean they don't love you. It only means that they are human. The sooner you accept that in people, especially your spouse, the happier your life will be. So, therein lies the dilemma: how do you reconcile my advice #3 with advice #4? How can you accept fault and still retain intimacy? I actually don't know the answer to that. But I can tell you that our faith has helped my marriage greatly. I believe that sharing a faith strengthens marriage. Yes, statistics out there do show that Christian couples have the same divorce statistics as non-Christians. And I am not, in any way, selling Christianity as the answer to a solid marriage. (Ha! I've handled several Christian divorces). I just know, from my professional and personal life, that you have to have a higher focus than what is in this life. I encourage struggling couples to seek counseling, and to find a faith. It doesn't matter whether it's Jewish, Muslim, Buddhism - just find a faith. Many problems in marriage arise because people don't understand themselves and their stances on some of the major issues in life. If you don't know what you believe in, how do you understand a completely different person?

5. Rule out divorce as an option. I didn't say murder. Just divorce.

Remember, marriage is grand! Divorce is ten grand. (If you're lucky. Over 60% of my cases end up billing over $15,000).

So, five (5) tips for now. I may pipe in with more later. And for those who want more sage advice, I highly recommend the book Everlasting Matrimony: Pearls of Wisdom From Couples Married 50 Years or More . You can buy it on Amazon.com!

Thursday, July 22, 2010

What A Divorce Lawyer Is Going To Do For You

Getting a divorce is not something anyone looks forward to and it is certainly not something that we plan for when we get married. Unfortunately divorce is a reality for many people in many different situations. If you are getting a divorce or even just considering it then you need to be sure to choose the right divorce lawyer.

You will find many a divorce lawyer in your area but be aware that not all of them are as good as others. You need to have the best divorce lawyer that you can afford when it comes to your divorce. If you don't you could end up paying much more than you though and I am not talking about the divorce lawyer fees. I am talking settlement or even alimony or palimony. Then there is custody to consider if you have children. So take care with your divorce lawyer choice.

When you are trying to get a divorce your divorce lawyer is going to petition the courts to get your marriage dissolved. This means coming to an agreement in terms of all property and money that you as a couple have had possession of. There are several grounds for divorce and your divorce lawyer will help you to choose the grounds that suit your particular situation the best. You will have the choice of adultery, time apart, unreasonable behavior and sometimes even fraud or irreconcilable differences are the way to go. Bottom line is that you should never make any important decisions concerning your divorce without first talking things over with your divorce lawyer. Your divorce lawyer is the professional who has the experience that will help you through this trying time.

What will your divorce lawyer be doing all of the time they are working for you? Your divorce lawyer will spend most of his or her time working on the distribution of conjugal property. How your property is divided will depend on a couple of things. Some of these things will be how much there is to begin with and how much belonged to whom before the marriage, the length of the marriage and the place in which you live. Every country, even every state has its own rules concerning the distribution of property and only your divorce lawyer will be able to help you make all of the right decisions.

Your divorce lawyer is considered to be your legal representation. This means that this divorce lawyer is the person who will often speak for you in court and out of court. Your divorce lawyer needs to be present at every meeting that you have with your spouse's lawyer or your spouse. Never talk about the case without your divorce lawyer being present and on hand. You never know what you could say that could jeopardize your divorce case, it is far better to be safe than sorry.

Wednesday, July 21, 2010

Divorce Lawyers For Men - 3 Frequently Asked Questions

Here are three questions men often ask when beginning a divorce process:



How do I pick a divorce lawyer? First, some things not to do: don't pick the lawyer with the biggest ad in the yellow pages. Don't pick the lawyer who you see on TV all the time. Don't pick the lawyer with the top listing in Google and who has the most positive comments on his website. All of these things are manufactured and paid for, you will have no way of knowing whether any of it is true or not. Ask around - there are plenty of recently divorced people (yes you can ask women too). Find several recommendations and if the people making the recommendations aren't living in their cars because they lost everything in the divorce (unless they are recommending their spouse's attorney) then add that lawyer to your list. Try to get a list of 3 to 5 names and start researching and interviewing them. This is the time to go to Google and find out what they have been up to and then arrange an interview (initial consultation).

Am I better off with a male or female lawyer? It depends, some women lawyers are awesome. Just make sure you work well together whether man or woman and that your goals in the divorce are compatible with your lawyer. As strange as this may sound, both male and female attorneys may hold the societal bias against the man in divorce. While most lawyers are professional you need to understand their philosophy so you'll know how to work with them.

Can't we just work things out with her attorney? It is good to be able to work things out with your spouse, working things out will save you a lot of money. But, I'll make this very simple; her attorney is tasked with representing her interests. Some agreement may sound good to you but may actually be a very bad thing for you. Maybe you want her to pay you your portion of the equity on the house and then take over the payments so you agree to quit-claim. This sounds reasonable but you need to understand the hidden trap there. And so it goes with the whole spectrum of agreements that you might enter.Discuss these with your attorney to be sure you understand the ramifications.

So there are three important questions for you as you begin managing your divorce. I'll leave you with one last admonition; learn about the process yourself. Don't just trust it all to your attorney: remember that this divorce, both now, and after it's over, means more to you than to anyone else: particularly anyone as busy as most lawyers are. So learn the divorce process and manage your case in a smart way.

Tuesday, July 20, 2010

Divorce in Thailand

In this day and age of fast lifestyles and new priorities, the rise in divorce cases has increased significantly. The divorce rate in Thailand has grown in the past decade, which is probably related to the decrease of marriages in the country as well. Most of the divorce cases filed in Thailand come from a marriage between a Thai lady and a foreigner.

GROUNDS FOR DIVORCE

Thai law has several provisions on the grounds for divorce. You may file for a divorce if your marriage has undergone any of the following circumstances:

1. a 3-year period of separation from your spouse
2. your spouse has deserted you for over one year
3. your spouse has taken another person as a spouse
4. your wife has committed adultery
5. your spouse is guilty of misconduct (criminal or otherwise)
6. your spouse has physically or mentally harmed you
7. you can prove a lack of maintenance and support during the marriage
8. your spouse has had incurable insanity for at least 3 years
9. your spouse has broken the bond of good behavior
10. your spouse has an incurable, communicable and dangerous disease
11. your spouse has a physical disadvantage which makes living together as husband and wife impossible.

THE DIVORCE PROCESS

If your marriage has been registered under Thai law, then divorce is permitted in two categories. One is divorce by mutual consent, which is possible only if it is uncontested, meaning you have no disputes over property or custody.

But if you have disagreements and one party may not be in Thailand at the moment, then you must proceed to the courts to file for the divorce for cause. However, both parties must be in Thailand during the set court date for the case.

The divorce process in Thailand usually takes around a year and all documents concerning the matter are translated into Thai. Once the divorce is granted, divorce certificates can be obtained from the district office where the divorce was filed.

WHY YOU NEED A LAW FIRM

Applying for a divorce in Thailand can be a complicated process, most especially for the foreigner who does not understand the Thai language-since the proceedings and supporting documents are all in Thai. Apart from this, it can also be very cumbersome to handle the disputes concerning the separation of assets, debts and liabilities, and addressing the issues of child custody and spouse maintenance after the divorce. Therefore, it is recommended to retain the services of a reputable Thai law firm to handle your divorce proceedings to save you time, effort, and money going through this process.

SUMMARY

Going through a divorce in Thailand can be a very stressful phase, with its emotional and financial issues. It is best to educate yourself before pursuing the decision to file for the divorce. Engaging the services of a Thai law firm can help you obtain sound legal guidance regarding this matter, and thus helping you avoid the devastating disputes which may arise.

Monday, July 19, 2010

A Close Look at Reverse Mortgage and How it Helps Seniors

When you take a reverse mortgage, the equity in your home can be converted into extra income. It could be a lump sum payment, a line of credit, or monthly cash payments. Taking out this kind of loan is a good retirement option for most seniors.

The loan is called 'reverse' because the direction of the payments has been reversed. Instead of paying the monthly mortgage to build equity for your home, you will take money out from the equity that you already built.

Conditions and Terms of the Loan

Reverse mortgage would be similar to most loans. You will also be required to pay the necessary fees associated with it. These may include origination fee, appraisal, title fee, escrow and recording, and the regular servicing fee. All these fees can be bundled in the balance of the loan as long as there is enough equity available.

You will never be required to pay the loan unless you no longer reside in the mortgaged home. As long as the property is your primary residence, no payments will be made on the loan. In case you sell your home or you move to another place, then the balance will become due and payable. Take note that the balance of your loan can never exceed the actual value of your home.

Becoming eligible for a reverse mortgage is easy. You only have to meet the basic qualification requirements. There are also things that will never affect your eligibility. The lender will never consider your income, credit history, bankruptcy history, and health condition.

Most people who are interested in reverse mortgage are asking how the equity will be calculated. There are three factors that are considered when calculating the equity. These are the borrower's age, appraisal of the home value, and the maximum loan limit as required by the FHA.

Safety Tips for Borrowers

Because of the popularity of reverse mortgage, there are some lenders who may try to scam or take advantage of you. Before you take out this type of loan, make sure that you know all the rules and requirements set by the Federal authorities.

For one thing, it is best to get financial counseling first. The Federal Housing and Urban Development requires seniors to get financial counseling provided by its approved counselors. You must comply with this requirement so that you can fully understand if reverse mortgage is a good option. You can obtain counseling at a very low cost. Some counseling providers also offer their service for free.

Hundreds of thousands of seniors have enjoyed a good life by taking a reverse mortgage. This loan will improve the quality of your life during your retirement. The money that you can get from this loan could solve your financial worries.

Sunday, July 18, 2010

Cheap Divorce - Finding a Good Lawyer is Crucial For the Best Results

Selecting a divorce lawyer in large urban centers such as Toronto can be very tough attributable to the large amount of divorce lawyers practicing in these areas in Ontario. Lawyers specialized in divorce can assist you in the course of a very stressful time in your life and also help you elude very expensive financial and emotional blunders. Very complicated and life changing decisions must be made, influencing many personal and important issues, such as child guardianship, child access or visitation, joint guardianship, child financial assistance, spousal financial assistance, assets apportionment, debt division, equalization of net family assets, the conjugal home, separation agreements, among many others. Choosing the right divorce lawyer is essential to obtaining the best outcome in your divorce.

If you or your partner is considering divorce proceedings, it is critical that you seek advice from a divorce specialty lawyer to understand your rights and responsibilities. Do not put your signature on anything or take any action that can have an effect on you or your children's rights, without getting hold of suitable legal guidance from a practised divorce specialty lawyer. Hiring the right divorce lawyer entails more work than merely looking through your local yellow pages. You can start your quest for a divorce lawyer by talking to friends and family and soliciting for referrals. There are many other ways to stumble on divorce lawyers also.

Do you instinctively search for cheap divorce in Toronto? Lawyers have to be selected on account of their experience and years in the business. Does the divorce or family lawyer specialize in, or primarily cope with, divorce, child guardianship, access or visitation, joint guardianship, child financial assistance, spousal subsidy, property apportionment, debt division, equalization of net family properties, the matrimonial home, separation agreements and all other associated family and divorce law issues? If you, however, have a simple and uncontested case, there are professional service firms in Toronto that offer a cheap divorce alternative.

As soon as you meet up with a Toronto divorce lawyer, raise questions but, organize your questions ahead - how is child guardianship child access or visitation settled, what is joint custody or shared guardianship, how much will you get or will you have to pay for child subsidy and for how long, how does spousal financial assistance work, how will your property be apportioned and what is included, what happens to your abode, who pays for your debts and loans, how much will it cost, what steps are required in the divorce process, how long will it take?

Ask what the lawyer's viewpoint is regarding negotiating a settlement or litigating. The divorce lawyer has to be giving details on all this and much more to you during your initial encounter. Make certain the divorce lawyer you select satisfies your questions and makes you feel that you and your case is valuable and not merely another number. Your lawyer should not talk to you in "legal" but in plain common speech so that you grasp exactly what is happening and what will take place in the future. You must go for a lawyer who you feel at ease with and with whom you can trust to divulge your personal and confidential information and someone who will not make you feel stupid or uneasy for asking questions regarding stuff you do not know.

Saturday, July 17, 2010

Divorce Advice For Men, Dealing With Your Lawyer

Men face a cultural disadvantage in divorce court. Picking a lawyer that you work well with and trust can help you make up for that. Your lawyer is your Representative to the divorce court and to your wife's divorce lawyer, you want to be sure that you work well with him or her in order to win your divorce.

Here are seven ideas that will help you get started working with your lawyer:


Educate yourself on the divorce process. Understand the things that are possible in your divorce and how to manage your case.
Remember that although your lawyer is on your side and working for you, this divorce is more important to you than to anyone else. As such be very clear on your outcome, what you expect out of the divorce.
Be sure the lines of communication are open to your lawyer. If you are not in communication with him it is possible that something will work out differently than you had planned. Make sure he has you up-to-date contact info and phone numbers.
Be totally honest. There may be things about your marriage that are difficult to discuss, yet if your lawyer feels they are important to the case then you need to freely discuss them.
Keep things simple: when discussing settlements try to focus on things that are really important for the new life that you will have on the other side of the divorce. Don't make the lawyers fight over simple, stupid things. This kind of behavior will only increase the legal fees and not help you at all.
Your lawyer is not your emotional counciler. You are paying him for what he does best and that is to represent you in court. If you are having a difficult time coping then find someone else to talk to. Perhaps you just need a friend to listen or maybe you need a professional. If you need this kind of service then get it. Don't fall apart and blow your divorce, you need to keep your head in the game.
Get organized, you need to get your financial history and records together and you need to supply them to your lawyer. Trying to hide assets can cost you big time. This is an area you need to be open about or your legal bills will escalate as the other side digs deeper into you finances.

Interview more than one lawyer and ask him or her about their philosophy of how to approach divorce. Compare this to information that you have learned about the divorce process and the strategies for getting the best results.

Learn all you can about the process. Remember ignorance of what is possible will not help you come out of this thing on terms that serve you. Learn the best tips and techniques and come out with all you need for your new life on the other side of your divorce.

Friday, July 16, 2010

Whiplash - How Can You Protect Yourself?

A healthy neck and back-comprised of bony vertebrae, nerves, muscles and ligaments-are structured to provide support and stability for the head and body, as well as for flexible movement. Since a sudden jolt to the body can easily traumatize the spine, it's no surprise that car accidents are a common cause of neck and back injuries. If can be a low impact to cause a serious injury in an auto wreck.

How, then, can you protect yourself?

In addition to driving safely and being alert, wearing a seatbelt is the most effective way to prevent or mitigate neck and back injuries from a motor vehicle accident.

The most prevalent neck of injuries involves the muscles and ligaments. The term whiplash conveys a visual of the head being whipped around, but the term more specifically describes a situation in which an abrupt halt forces the head to move suddenly in one direction and then jerk back. The neck can be hyper-extended, for instance, if it is forced backward beyond its ordinary limits or hyper-flexed if excessively forced forward. More severe neck and back trauma would include fractured or dislocated vertebra, as well as damage to the spinal cord. Paralysis, both permanent and temporary, is also major cause of concern in cases of extreme trauma.

Even though whiplash sounds like an ordinary kind of injury, it should not be taken lightly. Marked by pain in the neck, shoulders, head or base of the skull, whiplash can also produce blurry vision, ringing in the ears, weakness, fatigue, problems with concentration, and memory issues. While studies show that patients who are destined to recover completely from whiplash will do so within approximately four months, after that time the rate of improvement noticeably slows down. Beyond the two-year mark, almost all whiplash sufferers will have attained their maximum degree of improvement, and up to 20 percent end up with varying degrees of chronic pain. Truck collisions can impart more force to the spine and for that reason it is good practice to avoid trucks on the highways and roads of Georgia.

When involved in an auto accident that causes severe neck or back pain to you or another person, it's vital to wait for a paramedic or other professional rather than moving around. Immobilizing the accident victim can avoid risk of further injury. Also, immediate medical care should be sought. Even if injuries to the head and back seem mild or moderate, the individual harmed should be checked by a physician, preferably by an spine specialist. If not treated immediately, these injuries can become highly difficult to treat over time months later.

Thursday, July 15, 2010

Domestic Violence and Alimony

Domestic violence can happen in any relationship, but often takes the strongest hold in relationships in which one spouse is dependent upon the other. Unequal financial earnings can create the potential for an abusive relationship because one spouse may use his or her financial advantage to hold power over the other person. In marriages involving domestic abuse, victimized spouses may feel that there is no escape because they have no way to support themselves. On the contrary, there are resources that can help an abused spouse escape the cycle of violence.

Filing for Divorce and Requesting Alimony

If you are a victim of domestic violence, consider talking with an experienced divorce lawyer about how you can safely file for divorce. During your divorce proceedings, you can make a case to have your spouse issue an alimony settlement. Alimony is payment from one spouse to another that can be court-ordered in a divorce. Typically, alimony is issued when a divorce would leave one spouse at a major financial disadvantage.

How Alimony Can Help You

While domestic abuse can sometimes seem inescapable, an experienced lawyer can help you recover resources during your divorce to restart your life. Alimony can be used to help an abused spouse escape an unhealthy or dangerous situation, support herself or himself, find a job, or return to school for further education. These court-ordered payments could be the answer to transitioning away from an abusive, dependent relationship to a self-sufficient life free from the threat of violence.

For More Information

Abusive relationships are a tragedy, but they do not have to continue. Victims of domestic violence may be able to seek help through the divorce process to transition to a better, healthier life.

Wednesday, July 14, 2010

How to Find a Car Accident Hit and Run Attorney

A hit and run is a felony, and as a result if you or someone you know has been a victim of a hit and run, then you must find a car accident hit and run attorney promptly to make sure that you get the settlement you deserve.

1. Find a law firm that has experience with hit and run cases. Any accident that involves the failure of one party to take responsibility for their action can be considered a hit and run. Use Google to find some perspective lawyers that may be able to handle your case.

2. Find a car accident hit and run attorney in Georgia who will fight for you. Just because someone will take your case, does not mean they will "get down in the trenches" for you, so to speak.

3. Find a personal injury attorney in Georgia who will fight for you. Just because someone will take your case, does not mean they will "get down in the trenches" for you, so to speak.

4. Consult with an attorney that meets all of your needs. It is important that a car accident hit and run attorney in Georgia is able to categorize your damages, so you get an accurate settlement for your monetary damages, property damages, or bodily injury.

A hit and run is a very serious crime, and as a result you need to get adequate legal representation. Please note that due to potential Statutes of Limitations you may only have a limited amount of time to file a claim. You should consult an attorney in your area for further guidance.

Tuesday, July 13, 2010

Before They Kill Your Auto Insurance Quotes, Make Sure You Know These Bizarre Traffic Laws

Have you watched enough "Road Rulez" to think you know the rules of the road? Passed your written exam with flying colors, did you? Before you get too confident, make sure you know these bizarre traffic laws that not only land you in the hot seat with the local authorities, they can also do some real damage to your auto insurance quotes.

Now, before you check these out, take a deep breath. Brace yourself. Make sure any and all drinks are well out of the vicinity so they don't come flying out your nose, because you're going to be amazed at some of these oldies but goodies that, while not always enforced, are still sitting around on your state's rulebooks.

Are you ready?

Did you know that...

· In Virginia, you can be cited for driving without your shoes on?

· In Alabama, it's illegal to drive while wearing a blindfold?

· In Alaska you are absolutely not, under any circumstances, allowed to tether a sled dog to the roof of your car?

· When driving through Arkansas it's illegal to blare a car horn anywhere sandwiches or ice-cold beverages are being served after 9 pm? (So what happens at 8:59?)

· You need to remember to bring your air mattress when you're visiting Eureka, California, because it's strictly forbidden to use the road as a bed?

· Seatbelts should be kept strapped tightly across your chest when traveling through Glendale, California, so you resist the temptation to make the illegal move of jumping out of a car traveling at 65 mph.

· You have to get out of the car to play on the slide when you're driving through Georgia? Driving through playgrounds is punishable by massive tickets, exorbitant court costs and, eventually, excessive auto insurance quotes.

· Keeping a good grip on your Red Ryder is a must when you're traveling through Iowa? The police there have forbidden tossing these accouterments out onto the highways. I guess they don't think they're proper travel accessories. I can't imagine why...

· The Dunkin Donuts in East Berwick, Maine, is strictly a no-parking zone? The police will gladly slap a parking ticket on your window. I'm not sure of the specifics behind this one, but it does make you wonder.

· You have to actually be able to present proof that you own a vehicle before you're allowed to honk the horn in University City, Missouri? It's illegal to honk the horn of somebody else's car.

· Swearing at passing motorists is illegal in Rockville, MD? You will be charged for a misdemeanor if your vocabulary isn't rated G.

So drive safely, check the rulebooks before you hit the highways, and remember: Well informed drivers are drivers with really, really cheap auto insurance quotes!

Monday, July 12, 2010

Athletic Tape - Why Do So Many Top Athletes Use it in Sports?

Today's hype about using Athletic Tape is no joke, especially when it's been proven to reduce the risk of injury. Various styles of sports tapes have been used by top Athletes all over the world. Today every locker room in every corner of the world should carry it as a first aid supply.

Normal athletic taping methods include taping down various tendons and muscles for added support. This helps to relieve sore and injured ligaments or bones. By helping to prevent injury, Athletic Adhesive Tape relies on a white cloth backing. This is what provides the structured support to aching muscles and joints in case injury were to occur.

Another type of Athletic Tape is called "Kinesio Tape". It has been the latest craze with Professional and Olympic Athletes alike for several reasons. First of all, it's thinner than regular tape, which makes it much easier to place over slightly stretched skin and muscles. Doing this helps to promote healing without straining the muscle by using the subtle elastic properties of the tape itself. Second, it can be worn for several days at a time which reduces the amount of time spent taping.

Generally it is applied in wave patterns which align to support the ligaments and joints. A good quality Kinesiology Athletic Tape should remain applied for 3-5 days without needing to be replaced. It does not require a physician to do this; however it is recommended to be applied by one. Typically physical therapists, sports trainers, and chiropractors see many patients who can benefit from Kinesio Tape.

Athletic Tape can also be a bit restrictive; this is why pro athletes like pre wrap, which is used to protect and provide free movement and breathing to the skin. By applying this style of under wrap before the tape, adhesives which normally stick to the skin are now met with a protective barrier.

These are just a few reasons Professional Athletes are taping their bodies before every practice and game. Sports injuries can be reduced by using the different varieties of Athletic Adhesive Tapes on the market. Don't get caught off guard when the time comes. Be prepared to play hard and play safe by stocking adequate supplies of these essential first aid items.

Sunday, July 11, 2010

How to Spot a Quality Painting Contractor

I have been a painting contractor for 26 years and in that time I have heard more than one unique reason why customer choose a cheaper painter. On the other hand, I have also had many calls from regretful homeowners who realize they made a huge error. Several wish they had simply paid more for quality contractors. Still others are sorry they did not check out a contractor before deciding to hire them.

What I have noticed in my years as a painting contractor is that many homeowners simply do not know how to assess the abilities of painting contractors. Most will look for the cheapest bid not realizing that they will probably not get their money's worth. The truth is a cheap contractor can often cost you more money in the long run.

Labor and materials are at such a high price that the painting contractor's profits are already slim. Therefore, a cheap contractor is offering slashed prices for a reason. That reason is generally poor service or value.

Use the following 10 conditions to check out Marietta contractors before you hire them.


Ask around and find out how long the contractor has been working locally. It is common to see instability in this field. Too many painting contractors will blow into town and do shoddy work for a few years, then they begin to feel the wrath of homeowner who is not satisfied with their work and they pack it up and move to the next city. If the contractor you are considering has, at least 10 years in your area this is a good indication of stability, not to mention quality.
How are the painters on your contractors crew paid? When I began my painting business in 1982, I originally paid my crew by the hour. For about 7 years, I was less than happy with performance so I chose to change to a percentage based pay system. Quality of the painters work went up significantly and the projects were getting completer in half the time.
Instantly my painters had a better mindset once they knew they would be paid on percentage. Their interests were now directly tied to the quality and timeliness of the job. Outstanding performance led to less double checking at the end of a project and a better bottom line for everyone involved.


While you need to ask this question of your contractor, it is only a suggested method of business. There are a good number of painters that have a wonderful work ethic and are paid by the hour.
After my success, I determined I would never again pay a painter by the hour. I can now give my customers a higher quality of service and most of it is due to paying my painters on percentage.


What kind of contract is your contractor offering you to sign? Is it laid out well and specific about what the contractor will be responsible for? This will tell you immediately what you can expect from the crew. Contractors who are organized will most of the time instill this in their crew and on the job. Disorganization is something an organized person just cannot tolerate in people or work sites.
Are you dealing with a contractor who is asking for a deposit before they begin? Even though some projects can be quite intensive, the average painting contractor job will not be more than $8000. For jobs like this, I highly recommend you do not pay a deposit. Your painting contractor should have no problems financing the project he is considering. If he does that is an indication that the contractor is not financially stable. When a contractor is waiting to be paid, you are likely to have his full attention to detail and an assurance that your happiness is the number one goal. Over the years, I have heard many stories from homeowners who paid a deposit and then watched as the contractor left with only a day or two worth of work being done, never to be found again.
Since the first day you contacted the contractor how well has he communicated with you? Has he quickly answered all of your questions or concerns? Quality professional contractors value good communication. The importance a contractor puts on communication will give you another clue to his core values. While your project is being completed, you will want to work with someone who communicates effectively.
Does the contractor carry worker's comp insurance? Check into this as many companies carry some form of liability insurance but this is not a replacement for worker's compensation. A simple liability plan will not cover a worker should they be injured on the job. You should consider how well the contractor is insuring his painters against injury. Many contractors have labor that is off the books, in other words the painter is paid cash money with no paper trail. In cases like this, there is no employment history an insurance company can follow or pay out on in case of injury. Situations like this could put you in serious financial jeopardy. Answers to these questions give you a look into more of the core values that rule certain Marietta painting contractors. Check with the company's insurance company to verify their level of coverage.
Check the contractor's prior job references. You know that all the references will be what they feel are the best, however you can still learn a lot from them. You can get a feel for how well they cleaned up, communicated, timeliness of the project and more importantly how the finished product looked. Bear in mind though that people each have opinions on what quality is and you should not base your decision on references alone.
Watch out for the aggressive painting contractors who are volume oriented. Their entire goal is to turn out as many finished houses as possible in a short amount of time to earn fast money. The quality of their work will not be driven by any kind of core values. You and your home will suffer at the hands of this type of contractor.
Be sure that your contractor is perfectly clear on there being a walk through with the head crew member and yourself to look for areas that need tidied up or repaired. This must take place before you write any checks for the project. This protects both you and the contractor from issues later. This walk through insures that you are happy with the work and helps to minimize or eliminate warranty issues for the painting contractor, saving the company both time and money. This is the best approach for wrapping up a project and seasoned contractors who are concerned about customer service are aware of this.
You may have already thought of the following items as they are a bit more obvious: well written and detailed warranty, how many crews do they have, can you verify business age, complaints that remain unsettled with the Better Business Bureau and a business license are all very important.

Keep quality as your first priority. Qualify your painting contractor before you hire them, you will be so glad you did. You will have less to worry about while the work is ongoing and end up with a beautiful home with paint that will last longer.

Saturday, July 10, 2010

What You Need To Know Before Hiring A Lawyer!

Finding a Lawyer

Finding a Lawyer That will Meet Your Needs

If you're looking for a lawyer and you're not sure what type of lawyer you'll need for the situation you're facing, then read if you'd like to be better informed.

When finding a lawyer, a birth injury lawyer, a divorce lawyer, a car accident lawyer, and a medical malpractice lawyer are just a few of the options available. If you or a loved one has been hurt or you need a divorce, it is important to choose a lawyer that understands your situation and knows all of the laws and regulations surrounding your case. Most cities and states, including New York, Washington, and Florida have a variety of resources available to help you find a successful lawyer.

A personal injury lawyer deals with injuries and death that was caused by someone else. Whether it is through neglect, ignorance, or a mistake, you are entitled to receive compensation for your injuries. A personal injury lawyer can also specialize in a particular area of tort law, also referred to as personal injury law.

Birth injury lawyers specialize in injury and death that occurs with the birth of a child. The outcome of a birth injury can differ greatly and so can the causes of the problem. Depending on the particulars of your situation, you may require a lawyer who further specializes in a particular area. These can include a cerebral palsy lawyer, a brain injury lawyer, a medical malpractice lawyer, or possibly a brain injury lawyer.

The products you use at home, your daily commute, and your job can also cause you or a loved one to suffer an injury, illness, or death. A car accident lawyer or a truck accident lawyer is the person you will need to talk to if you are injured in a traffic accident. A product liability lawyer will help you deal with companies that either knowingly sells dangerous products, or those who fail to test their products adequately. Accidents that occur at work may need the expertise of a workers' compensation lawyer or a mesothelioma lawyer depending on the type of injury you have. If your spouse is causing you grief, a divorce lawyer will be able to help you dissolve the marriage and give you your options to make the right choices for you.

Lawyers are there to help when a problem becomes too big to handle on your own. Web sites and the local bar association are just a few of the great resources that are out there. The injury, the cause, and the perpetrator are all important factors that need to be considered when finding a lawyer.

Friday, July 9, 2010

Georgia DUI Law - A Primer

Georgia DUI law says it is a criminal offense to operate a motor vehicle if your ability to do so has been compromised by use of alcohol or drugs. This includes both legal and illegal substances including over the counter medicines.

There are two ways for the state to prove driving under the influence. The first is by a police officer making an official notation that you were perilously operating your vehicle while under the influence of alcohol, even one drink. But, you can also be convicted if you have a legal blood alcohol level of .08 percent, whether or not you demonstrated any problems with your driving.

If you're pulled over on a routine traffic stop and the officer suspects you're intoxicated, under Georgia DUI law, he may conduct a field sobriety test. You will be asked to perform a test designed to decide sobriety. One of the most familiar of these is the "straight line" test where you have to walk a straight line heel to toe and turn at the end to return. The officer might also ask you to follow a penlight with your eyes.

If the officer feels that you are intoxicated, they will ask for a chemical test. This can be a blood, breath, or urine test. If you do not agree to take such a test, you can lose your driving privileges. A breathalyzer test may be done roadside while blood or urine tests must be done at a hospital.

If you are convicted, the court can impose fines, jail time, probation, and community service on you. You may be required to attend AA meetings or to install an interlocutory device on your car which does not allow it to start if your blood alcohol level is above .02 percent. Under Georgia DUI law, there are minimum penalties for even first time offenses, and repeat offenses get more severe consequences.

Some of the factors that go into sentencing include a history of DUI counts, whether you were operating a commercial vehicle, whether there was a child in the car, whether another moving violation occurred, whether someone was injured or killed, and whether the driver was under the permissible drinking age.

The consequences for driving under the influence are quite severe, and you should know that in the summer of 2008, Georgia DUI law was made much stricter.

Thursday, July 8, 2010

Suing For Slander

We live in a democracy and this means that every person has the right to freedom of expression. However, many times this freedom is used to damage the reputation of another person. This damage can be intentional or unintentional. Nonetheless, it does not give right to a person to malign someone else's name.

A slander is a type of defamation where false information about a person is spread. Even a company or business can be a victim of slander. Anything that damages the reputation of a person or entity and it results in a financial loss is termed as slander. However, the financial loss is not always a criterion. A slander is always verbal and this is what separates slander from libel. And, this is also the reason why slander is difficult to prove in a court of law.

The moment you come to know that you have been a victim of slander, you should make attempts to stop the offender from spreading false information about you. This is not as easy as it sounds. If the person does not pay heed to your request, you can sue to person. You will need to hire the services of a lawyer to help you out.

When suing for slander, you and your lawyer will have the burden of proving that the offender made slanderous remarks about you and these remarks hurt your image and the perception others have about you. For this, you will need an eyewitness who should be willing to testify on your behalf. If financial damage resulted on account of the slanderous remarks, you will also have to proof that.

In case a slanderous remark was made about you on the Internet, then you will have to take screenshots of the webpage that contains these remarks. In case the remarks were deleted from the webpage, get in touch with the website administrator and formally request him or her to furnish the records.

Once all the evidence has been collected, your lawyer will file a case against the offender. Then the offender has to answer the summons. Either the person will deny any wrongdoings, or he or she may accept the charges. If the person denies the charges, you would have to furnish all the proof and evidence you have gathered. If the person accepts the charges but refuses to compensate you financially, then you need to prove how his or her remarks caused you financial harm. Based on all the evidence presented in court, the judge will make a ruling and the offender will have to compensate you financially.

However, suing for slander is not easy as gathering the necessary evidence is difficult. That is the reason why people who are victims of slander invariable settle for out of court settlement.

Wednesday, July 7, 2010

HVCC Appraisal Regulations - The Next Bad Decision is Here For Our Real Estate Economy

I have been in the real estate markets for 16 years now and I find it amazing how much change can be sold to the American citizens through the lack of proper information, the press and our beloved federal government. The new revelation is that appraisals now should be under the control of the lender - a.k.a. the reputable banks because they will look out for the best interest of the consumer or in a real estate transaction the buyer and the seller. The big, bad Mortgage Brokers will no longer be able to manipulate value and appraisers will be held accountable to a higher power by big brother. What a crock 1 Let us look at why truly moving the conflict of interest from the Mortgage Broker to the Banks is really not as solid a decision as we would like to believe.

1. The Banks will provide a more accurate value measure.

In reality, the bank will always look for a lower value than fair market value because it isalwaysin their best interest to do so. Leverage on a lower value will always benefit the bank - not the consumer. Why on earth would anybody think Banks, as credible as they have not been would do an about face on practices and take better care of the consumer? The true reality of the situation is that the Bank has a major conflict of interest when it controls value and may use it to it's best advantage as it feels the need .

How Else Might The Bank Use This Leveraged Position of Value?

A  few ways immediately come to mind and I will share them with you. Lending in the real world is automated through either a Fannie, Freddie or FHA Approval that will give a borrower based on the information provided an approval. Banks and Wholesale Lenders will now have the ability to use the appraisal as a reason to decline an approved loan based on value. Will a Bank effect value on an appraisal. You bet they will if it is in their best interest to do so. Banks can now get back into predatory lending and appraisal fee increases to the detriment of the consumer, but a major profit generator for them. The war cry has been -"Get rid of the mortgage broker and we can then get lending back to profitability by not having to compete for business." For example, a bank charges the consumer 425.00 for an appraisal and the lender in turn pays the appraiser 225.00 - who gets the difference? You guessed it - the bank!! If you ask barney frank and the boys up at capitol hill they will all tell you hogwash -however when was the last time any of these gentlemen told the truth about anything and truly how many of the players in this game are not rewarded by the bank lobby? And for this discussion let us bring up one last topic - Discriminatory Lending - now the banks can fall back on the appraisal and say - Gee Mr. and Mrs. Jones - We just do not have the ability to get value on this property so your loan is declined!

Anti Trust Law Suits

This one is coming soon from the appraisers lobby. The banks have now truly destroyed a reputable appraisers business because  every business relationship that the appraisal company has nurtured over the years in the business no longer matters. How would you like to be told that your 20 year business is being chopped up and a portion of it is now being given to under qualified appraisal services. What a tough sell this is. Now that is consumer protection at it's finest folks.

The Senate and Sub Committees - These guys might be the most uninformed morons on the planet. They no absolutely nothing about real estate and mortgages, however they want to be involved in the decision making process. That is as effective and logical as talking to a Country Club board about the business side of golf and believing they understood a word of what you said. The ego gets in the way of the brain as a general rule and Washington has a lot of egos. We are in the mortgage mess because of these morons - not  because they tried to stop bad practices. Hey, wait a minute, let's give them more authority to ruin, oh wait protect the consumer.

Tuesday, July 6, 2010

A Divorce Lawyer Offers Advice on Prenuptial Agreements

With statistics showing that one in three marriages now end in divorce, the sad facts are that however true love may seem, it may not always last. While some may consider such a process unromantic, a pre-nuptial agreement can help assuage any concerns about potential 'gold-diggers' and help keep things less messy, should a marriage end in divorce. A Manchester divorce lawyer can help you draft a prenuptial agreement or offer expert legal advice on what to do with it, should you and your partner be considering divorce.

Woolley and co. Solicitors offer this definition of what a prenuptial agreement actually is, "A prenuptial agreement provides clarity for couples in respect of their finances and children in their relationship. The Courts are not obliged under UK law to keep to the agreement but unless there have been significant changes they are likely to regard the agreement as very persuasive." It basically covers each partner for their assets, should the relationship end in divorce; a popular 'prenup' is that each partner takes away exactly what they brought to the marriage, which often protects the wealthier of the spouses.

The fact that UK Courts are not technically obliged to keep to the agreement shows that prenuptial agreements are not particularly popular in England, with America being a nation more known for its 'prenups'. The Hollywood film 'Intolerable Cruelty' showed George Clooney and Catherine Zeta Jones battling over their various assets in glossy Technicolor; while this film obviously glamourised the process of prenuptial agreements, celebrities can often have fairly ridiculous clauses written into their prenups, including the number of times that the couple must have sex per week and a 100,000 dollar fine if the wife's weight climbs above 120 pounds! (The guilty parties shall remain nameless...)

In our more normal, less crazy world, prenuptial agreements can still be taken out as an effective 'damage control' device, should the relationship sour. As the 'Prenuptial Agreements' website states, "The range of what can be in a prenuptial agreement is flexible and can accommodate most of the individual wants and desires that a marrying couple may have. On the other hand, there are some strict rules about what cannot be in a prenuptial agreement." Such rules include clauses about the custody of children and infidelity, yet can also cover more subtle nuances about marital problems; it is well worth getting a divorce lawyer to go over the rules with you and discuss the best course of action for you to take.

A prenuptial agreement does not necessarily mean that you do not take your relationship as seriously as others, it may just be a sign that you are not naive about the truths and facts about marriages; it may just be worth researching, should you want a safety net below your marriage.

Monday, July 5, 2010

Divorce Tips For Men - Your Friends Aren't Lawyers - Use Professionals

When you got married, or even for several years afterwards you probably were not expecting to get e divorce. You may not have planned ahead to get a divorce, but you can still make it through this difficult and stressful time, without too many problems if you will follow these divorce tips for men. Men need to get the best possible legal representation when going through a divorce.

Don't choose a lawyer just because they have a cheap price. You get what you pay for; so if you are willing to spend a little extra cash for the right lawyer, you will benefit greatly from that decision. It is important that your lawyer is someone who will not only take time to listen to you, but also to answer any questions you may have. Make sure that you feel comfortable with your lawyer and that you trust him.

Also, don't ask friends for legal advice. Your friends probably want to help you, and their advice will be well meant, but they are not professionals. They don't actually understand all of the ins and outs of divorce law. So always be sure that you enlist the services of a fully qualified and experienced divorce lawyer, rather than relying on your friends' limited knowledge.

These divorce tips for men can help you to get the best outcome possible from your divorce. You don't need to make this time in your life harder than it already is, so use these tips in your divorce to make your life a little easier.

Sunday, July 4, 2010

Don't Just Hire a Divorce Lawyer, Hire a Divorce Team

Divorce has many components, including legal, emotional, and financial. Many people mistakenly retain a single professional, generally a lawyer, to handle all aspects of their divorce. This often proves to be a mistake. You need a team of professionals who can individually and collectively address all of the components of your divorce. Hiring professionals in each area will help you to approach divorce in a comprehensive manner.

The first step is to decide which professionals you need on your team to best effectuate your goals. Your team may include any or all of the following professional members:

o Therapist/counselor
o Life/transition coach
o Physician
o Accountant
o Asset valuator
o Financial planner
o Attorney

Once you have made an initial determination as to the team members you need, the next step is to understand the roles and responsibilities of each professional.

Therapist: assists you in working through the emotional aspects of divorce. A good therapist will also help you to understand and work through your emotions, perceptions and barriers.

Life/Transition Coach: guides you through the transition and helps you create your post divorce life. Be very cautious not to confuse life coaching with therapy. Unless your life coach is also a trained licensed mental health professional, therapy or psychological counseling should not be given.

Physician: diagnoses and treats your physical condition.

Accountant: advises as to personal state and federal tax implications and consequences. Accountants may also address sale or liquidation of the business for business owners.

Asset Valuator(s): ascertains the value of property including real estate, jewelry, art, antiques, businesses and pensions.

Financial Planner/Advisor: develops and implements a strategy to meet financial goals and needs.

Attorney: represents legal interest and resolves legal issues.

There are numerous methods of locating professionals. Some sources to consider are the internet, friends, and referral services. Often other professionals can be a great source for referrals to professionals with whom they have a working relationship.

With some professionals, particularly attorneys, it is a good idea to watch them in action. I have seen many people sit in the back of a court room and just observe. This is a great way to find out the actual working style as well as the rapport between the attorney and their colleagues and court staff, particularly the judge.

Once you have located prospective professionals, the next step is to choose the right professionals for you. The best way to find the best professional for you is to interview each prospect. Interview as many prospective professionals as necessary, until you believe you have found a good fit. Most reputable professionals offer consultations prior to engagement.

Use the three C's as a guidepost;

1. Competency - is the professional competent to handle your matter?
2. Comfort - are you comfortable with the professional?
3. Cost - is the cost of service affordable and doable?

Saturday, July 3, 2010

Bankruptcy Lawyers and Attorneys - New Bankruptcy Laws

If you are thinking about filing bankruptcy, then perhaps you should think twice and reread the laws first before doing such a drastic measure. Bankruptcy laws have changed and you will notice that it is harder to file bankruptcy these days than before. To give you an overview of the changes in the bankruptcy laws, here are some of the most important points you should consider.

Before, bankruptcy filers can choose between two types of bankruptcy that will work for them - chapter 7 bankruptcy for liquidation and chapter 13 bankruptcy for repayment. Most people choose chapter 7 bankruptcy plan over chapter 13. While you can still choose between these two types under the new law, there is now restricted eligibility for those opting for chapter 7 bankruptcy. Those people with higher incomes are not eligible for chapter 7 bankruptcy anymore.

To know if you can still apply for chapter 7 bankruptcy, you should first compare your monthly income with the median income for your household size according to your state. You are still eligible if your income is less than or equal to the median. Otherwise, you have to pass the means test, which is an additional requirement for chapter 7 bankruptcy eligibility. The means test is used to determine if your disposable income can still be used to make payments in a chapter 13 bankruptcy plan. Every state has a set limit; if your income is below the limit of your state, you can still apply for a chapter 7 bankruptcy.

Another change in the new bankruptcy laws is the counseling requirements. You now have to undergo credit counseling so that you will be able to know whether you are really in need of a bankruptcy plan or you can find other ways to solve your financial problems. This has to be undertaken before any bankruptcy plan has taken place. You also have to attend another counseling session towards the end of your case regarding personal financial management. Proofs regarding your participation in the counseling sessions are required in the court so that they can wipe out all your debts.

As for chapter 13 bankruptcy, it also has become complicated since those who fall under this plan should not only hand over all their disposable income, but also calculate their allowed expense amounts. This further depletes the money of the chapter 13 bankruptcy filer. It's a whole lot more complicated than the old laws governing bankruptcy.

Friday, July 2, 2010

Filing Bankruptcy? How to Select a Bankruptcy Attorney

When you find yourself in financial crisis and other alternatives do not seem to provide a feasible solution, you need to begin considering filing bankruptcy as a way to protect yourself and any assets you may want to retain from your creditors. Equally as important as this decision is that of selecting the right bankruptcy attorney. Most bankruptcy attorneys are associated with a law firm, so it's important that your research goes beyond that of the individual alone.

Find an experienced bankruptcy attorney
Make sure you file with an attorney who has years of experience working in the field of bankruptcy, some law firms cover several specialties, rather than specialize in bankruptcy law. This can have a negative effect on your case if you file with an attorney who only deals with bankruptcy cases occasionally. Finding a seasoned attorney who understands the laws of the bankruptcy code in your state to file your case with will make a huge difference in the outcome. Also make sure the law firm or attorney are able to guarantee your case will be filed accurately.

Find an attorney with low flat fees and payment plans
The attorney or law firm should understand that you have a huge financial problem and you may not be able to shell out their fee in full, which can range from $700 to $1700 depending on which state and city you live in. When you find an attorney who's willing to give you payment options it shows that they understand your situation and are sympathetic to the fact that you are strapped for cash.

Find an attorney that offers free consultations and evaluation of your bankruptcy case
Personal bankruptcy is one of the toughest decisions you'll ever make, with so much pressure and the creditor harassment you may be experiencing you don't want to be worried about spending unnecessarily and a bankruptcy consultation should in fact be free. Your attorney should put your needs first by providing a free evaluation of your current financial status. If the attorney you contact insists or refuses to waive their consultation fee, look for another attorney. There are too many law firms and individual bankruptcy attorneys who are happy to offer free consultations, there's no need to pay for one.

Evaluate the attorney and client relationship from the beginning
You need to feel comfortable with your attorney, a good bankruptcy attorney will be able to guide you through this difficult time by providing not only the adequate bankruptcy service you need, but by being understanding and sympathetic to your case. They should be able to relieve the pressure you're under and you should walk out of their office feeling comfortable about your decision to file personal bankruptcy. Your attorney should also have the willingness to answer your questions however specific they may be.

Do not worry about location and proximity
Whether you file chapter 13 or chapter 7 bankruptcy, you should not limit yourself to filing with just any attorney because their office is 10 minutes from your home. We're in the age of information and electronic communication, and everything you need to file your case can be done electronically (email, fax etc) starting with your free evaluation. More cases are being filed online with bankruptcy law firms across the nation, remember that you want the most experienced and most economic service so don't overlook filing bankruptcy online.

Credit report assistance after your bankruptcy discharge
You'll more than likely find that filing personal bankruptcy begins to show its effects about three months after your discharge when you check your credit report and find that you have accounts that are still labeled delinquent, late or in collections. Your bankruptcy attorney should be able to recommend a path for solving these discrepancies which can certainly hurt you when you begin to rebuild your credit.

Research your chosen bankruptcy attorney or law firm
It's important that you do some digging and check the worthiness of your chosen bankruptcy attorney, one of the best sources of information for consumers is the Better Business Bureau website. Any business, company, corporation or law firm that cares about providing quality service is registered with the BBB. If your chosen attorney or law firm is not, then at least gather some referrals to see what level of service they have provided in the past. Remember that experience is important and the track record that the BBB will reveal about your attorney will either give you reassurance or make you think twice about hiring them.

Thursday, July 1, 2010

Should You Hire a Bankruptcy Lawyer?

Filing for bankruptcy can be a difficult decision, knowing all your bankruptcy options and what the drawback may be will empower you to decide if bankruptcy is right for you. Finding a bankruptcy attorney is something that is highly recommended. Sure you can read plenty of "how to file bankruptcy on you own" articles and information, but nothing can replace having a bankruptcy lawyer on your side.

One of the top reasons for hiring a lawyer is because with the new bankruptcy lawyers, filing isn't quite as easy as it used to be. Having an attorney who knows the bankruptcy system, the better off your chances are of successfully filing bankruptcy. Even if you don't get denied bankruptcy on you own without a good bankruptcy attorney you could end up owing all non-secured debts (credit card bills).

There are several bankruptcy chapters you can file such as Chapter 7, chapter 11 and chapter 13. The attorney you hire will be able to tell you which one you will most likely qualify for and benefit from. The attorney will be able to inform you and what needs to be down if your home is going into foreclosure.

When you file for bankruptcy creditors can set a meeting up with you and ask several questions about what you owe them and why you are filing bankruptcy. This would also be an imperative time to have a bankruptcy attorney on your side. They can monitor the question and make sure you don't get backed into a corner. When you head to court in front of the judge, a good bankruptcy lawyer, should be able to dispute debts that you owe and creditors are insisting you still pay, even if the bankruptcy goes through. You don't want to end up filing for bankruptcy and still owe a bunch of creditors, when it is all said and done.

Creditors may also claim fraud against you just because you lost your job or had unexpected bills to pay. This would be the exact moment you would want a bankruptcy attorney to take a level headed approach in defending you and get as much debt included in your bankruptcy discharge.

Make sure when hiring an attorney, you find a local one in your state. This will be benefit you greatly because the bankruptcy laws can vary from state to state. So finding an attorney, who is most knowledgeable in your state laws, can only best for you in the end. If your hiring a lawyer from another state, possible next to your state, make sure they are up to speed on the laws where you live.

Remember you are hiring a bankruptcy lawyer to benefit you. You don't have to go through this whole process alone. Also your not going through it for nothing, you don't want to attempt to handle everything on your own and then have your bankruptcy be discharged. A good bankruptcy lawyer will get your out of debt and relieve your financial burdens. Yes it does cost money to hire a bankruptcy attorney, but it is money well spent that is actually going towards your financial freedom. Most bankruptcy lawyer, will give you a free case evaluation; if you still have hesitations, take the this approach and make sure you feel comfortable working with the attorney.