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Everything You Need to Know About Divorce Law

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Everything You Need to Know About Divorce Law

Marriage is a beautiful union until it is not. While everyone wishes to see their marriages last, things may not always go as expected. In such instances, the best thing to do is go your separate ways for peace of mind and find happiness elsewhere.

However, regardless of the reason for divorce, the experience is physically, mentally, and emotionally draining. It gets more overwhelming when you think of the legal jargon behind the divorce.

Divorce law is complex. But things get better if you take your time to understand it. Learn all about it here.

Types of Divorce

Understanding the different types of divorce is the first step towards an easy and successful process. You will have a better understanding of what to expect during the divorce proceedings. The common divorce types are:

Contested Divorce

One of the spouses is in denial and not ready to let go of the marriage. It could also be that they disagree with the stated reason for divorce.

In that case, the involved parties get into a contest and present evidence in front of the judge to prove their case. The judge will then decide whether the petitioner should be granted the divorce or not.

Uncontested Divorce

In an uncontested divorce, both parties are in agreement that they want a divorce. The petitioner sends the divorce papers to the respondent who accepts and signs the paper. An uncontested divorce is the most common type of divorce as couples find it peaceful and less expensive.

Default Divorce

In default divorce, the petitioner files for a divorce, but the respondent fails to respond. If the petitioner complies with all the rules and regulations given by the court, the judge has the power to grant the divorce in the absence of the other party.

No-Fault Divorce

Some years back, the petitioner had to prove that their spouse was at fault or guilty of something worth dismissing their marriage. The divorce law would set out the proper guidelines or reasons for divorce.

Today, all states offer no-fault divorce. This is a kind of divorce where you do not have to prove that your spouse is liable for the failed marriage. Instead, you state that your marriage has come to an end to irreconcilable differences.

However, just because it is a no-fault divorce does not mean that the respondent cannot contest.

What if You Are Filing for Divorce From Abroad?

Filing for foreign divorce presents more complex legal questions. You must ensure that you are abiding by local law to succeed in your divorce petition.

Check whether your state recognizes a foreign divorce and to what extent. Most states recognize foreign divorce decrees provided the petitioner meets the procedural requirements. Check out judicial recognition of foreign divorce in your country before attempting to file a petition.

The Key Forms Used During Divorce Proceedings

If you want to win a divorce case, you must be prepared. You’ll need some official documents that will help to prof your case. Some of the documents required during a divorce proceeding include:

Complaint Form

This is the form that opens the divorce proceedings. It indicates the reason for filing the divorce petition through the court. The individual filing is known as the plaintiff.

Answer

This form is used to answer the complaint. It is filed by the defendant to respond to the other spouse.

Discovery

Discovery is the process of collecting and presenting evidence for the divorce case. It this at this stage that the partners get to ask each other questions that may be important for the case proceedings.

Separation Agreement

The separation document indicates what the couple should expect after the divorce. Some of the issues covered in this document include property division, child support, and child custody.

Judgment

After several court hearings, the judge makes the final decision on the case. This decision is issued in the form of a written document known as judgment.

Steps for Filing for a Divorce

Now that you understand the different types of divorce, it will be much easier to file a petition with an idea of what to expect. However, you need to know that the steps involved will heavily depend on a couples’ situation. A short-term marriage where children are not involved will have lesser steps than a long-term marriage where children and property are involved.

The Divorce Petition

The divorce process starts with one spouse filing for a petition and serving it on the other party.

The petitioner writes the petition and files in the court within their county of residence. The petition entails the names of the two spouses and children, if applicable, child custody, and if there are any separate properties.

Serving the Petition

The service process is where the petitioner serves the divorce petition to the respondent. The respondent is expected to sign to show they have received the petition.

This is where the divorce process starts, and the clock starts ticking. The petition will indicate the dates for going to court and when separation will take place. During the waiting period, the couple cannot sell any properties, move kids to different states or borrow loans against property.

The Petition Response

The respondent may file a response stating whether they agree to the divorce or want to contest. If the respondent agrees with the petitioner, the divorce may occur without going to court for the hearing. In return, this speeds up the process and reduces the cost of divorce.

Finalizing the Divorce

In the case of uncontested divorce, the divorce process takes the least time. The spouses will be cooperative; hence no reason for delay.

When finalizing the divorce, both parties are expected to disclose more information about their income, assets, liabilities, and expenses. Uncontested divorce features minimal paperwork, and once they get to the court, the divorce is final.

Nonetheless, it may take a while before the marriage is formally dissolved. During this period, the divorced couple should not remarry.

Ease Your Divorce Process by Understanding Divorce Law

Now that you understand the law governing divorce, it will be easier for you to file a petition or respond to the petition, hence speeding up the process.

It is also advisable that you seek the help of a divorce attorney. The lawyers understand divorce law better than you do and will guide you through the complex processes.

The attorney will handle the document filing processes as you focus on healing from the heartbreaking experience. Most importantly, the attorney will use their skills and experience to eliminate any mistakes and speed up the process, thus saving you time and money.

Keep scrolling through our site for more law news and guides.

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Why Does Your Partnership Firm Need a Corporate Attorney?

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Why Does Your Partnership Firm Need a Corporate Attorney

Most people start a partnership firm with the expectation of a longer life. But most partnerships are prey to disputes leading to the dissolution of the firm. Like other relationships, there is a high probability of partnerships coming to an end. The main reasons for a dispute can be finances, disagreement in profit sharing ratio, business insolvency, etc.

If sustainability in a partnership firm is an issue, you need a corporate attorney. The attorney must settle down the disputes between the partners and continue the firm operations like before. An experienced attorney like Matthew J. Tharney can catch the nerves of the dispute and save the partnership from dissolution.

No matter how strong your partnership deed is, there comes a time when you need a partnership attorney. Ever thought of knowing the reasons behind partnership deed failure? Why do you need an attorney for dispute settlement when your partner and you decided to conduct business with legal and moral values?  From disagreement in clauses to a financial dispute, here are some reasons you need a corporate attorney.

Expulsion of the Other Partner
Sometimes a partnership comes to a failure mode because of the other partner’s actions. A partner can expel another partner or partners if they are found:

  • Convicted in a crime.
  • If a partner voluntarily wants to discontinue.
  • Professional misconduct with another partner.
  • Any breach of the partnership act.

Also, unanimous voting can be done for the removal of the partner. These reasons directly affect the trust factor in partnership. The legal attorney after examining the case, decide and discuss with partners regarding the expulsion of the partner.

Disagreement on Business Decisions:
Since it is a partnership business, every decision taken should be 100% agreed upon by the partners. Often disputes arise due to differences in methods of operating business. Some dispute related decisions can be like:

  • Effective utilization of business resources.
  • Decision-making authority.
  • How to distribute and use business profits.

Any disagreement on business decisions or profits becomes the basis for the commencement of disputes between partners. When such disputes are out of control, the corporate attorney has to intervene for solutions and decisions. In such cases, you need experienced attorneys like Matthew J. Tharney who can handle your case easily without any hassles.

Any Breach of Contract
Partnership businesses enter into different contracts and agreements to manage their operations smoothly. Partners are legally bound to follow every clause of the contract. Any partners who breach contract terms are liable for the legal outcomes. In this case, an attorney can help you in dispute resolution and brings partners to reach any amicable decision/solution for any breach.

What Governs a Partnership Business?
A partnership deed or partnership agreement is the legal document governing the partnership business. Whatever the disputes are, the agreement and clauses are the final decision.

Do you own a partnership business? Want legal help to resolve disputes? Remember, it’s the legal corporate attorney that can help you in such cases. Contact a corporate attorney as your partnership firm needs their help. Save your business before it is dissolved with losses.

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4 Signs To Look For In Your Personal Injury Attorney

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4 Signs To Look For In Your Personal Injury Attorney

If you were recently involved in an accident that occurred due to someone else’s error, seek compensation. You have the legal option to obtain compensation for the expenses you have paid.

Medicine costs, hospital bills, and other wages can be tough to manage, which is why receiving compensation can be beneficial. However, dealing with injury cases in Los Angeles and other states of America is not easy. The process is quite time-consuming and costly. The best choice is to hire a Los Angeles personal injury attorney.

When you employ an injury lawyer, you benefit from someone with experience who is familiar with the law. Furthermore, they are aware of the steps and documentation required to get our just compensation. However, there are several essential signs to look for in a lawyer during the hiring process.

The following are the four warning signs to be aware of:

  1. Experience In Injury Cases

Many people opt for experienced lawyers but often overlook the importance of hiring a lawyer who is familiar with their situation. Personal injury attorneys are not the same as lawyers that handle financial, criminal, or other types of disputes. Your attorney should be experienced in dealing with personal injury claims.

Hiring someone who has handled accident claims before will bring various advantages. Furthermore, the lawyer will have a greater awareness of the procedures to file a compensation claim.

  1. Experience In Similar Kind of Cases

Having a personal injury lawyer on your team does not mean you’ve chosen the best person for the job. Because the field of injury law is so broad, it’s critical to select someone who has handled cases similar to yours. Few lawyers have dealt with medical negligence claims, and even fewer have worked with car accident cases.

However, you should check with your lawyer during the hiring process to confirm their expertise with cases similar to yours.

  1. Better Communication Skills

It is critical to find a personal injury lawyer with excellent communication abilities. Better consultation communication can help you figure out if you’re hiring the correct person or not.

Hiring a lawyer with great communication skills can help you determine whether or not they will aggressively argue your case. Furthermore, will keep you informed about each hearing and the case’s development.

A lawyer with no strong communication skills can negatively affect your case.

  1. Track Record

Remember to look into a lawyer’s track record before hiring them. Examine the results of the cases he has fought and won. This will assist you in determining whether or not the lawyer is qualified.

Even though a track record means nothing and does not ensure success, it does provide a sense of satisfaction.

Final Comments

The qualities to look for in a personal injury attorney vary depending on the area of expertise. However, these are the basic signs to check for in a lawyer.

It is not the right choice to continue with a lawyer who lacks any of the qualities. The results can be against you, so it is necessary to hire someone who doesn’t lack any of the qualities.

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5 Ways Motorcycle Injury Lawyers Can Help You

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In 2018 there were 82,000 motorcycle injuries and 5,000 deaths.

When you or a loved one is involved in a motorcycle accident, you’ll feel that you have a right to compensation. The only challenge is that you’re not sure whether to hire motorcycle injury lawyers. Some people will claim that these attorneys are ambulance chasers, and you should avoid them.

However, this is terrible advice, and you should ignore it.

Keep reading to learn the five ways motorcycle injury lawyers can help you.

  1. Help Knowing Whether You Have a Case or Not

After a motorcycle accident, many people assume that they automatically qualify for compensation. However, this is rarely the case; the insurance company must investigate what caused the accident. So, it’s a waste of time and money to seek compensation when you don’t have a case.

That’s why before you file the motorcycle injury lawsuit, it’s wise to consult an attorney. You want to find a qualified motorcycle accident lawyer who’ll guide you to know whether you have a case or not.

  1. Legal Guidance on How to File a Motorcycle Accident Claim

Errors in the motorcycle injury claim paperwork lower the chances of receiving compensation. That’s why you need to find a legal expert who’ll guide you know the right way to handle the lawsuit paperwork. You want to ensure you provide all material documents to increase the odds of receiving compensation.

  1. Help Determining the Value of Your Claim

After a motorcycle accident injury, many victims have a hard time deciding how much money they should receive compensation. That’s why these people accept the first offer they receive and later regret it as the money isn’t enough to cover all damages. To avoid this problem, consult a licensed motorcycle injury lawyer on the value of your claim.

You want to get professional help quantifying damages such as emotional suffering and physical pain.

  1. Assistance Gathering Evidence to Support Your Claim

After a motorcycle accident, it’s impractical to expect the liable party to compensate you without a fight. Understand that you have the legal obligation of proving the claim to receive compensation. So, to get help gathering the evidence, you need to fight for fair compensation seek the help of the top motorcycle accident attorney.

  1. Help Expediting the Claim and Compensation Process

Many victims don’t realize that without professional help, it may take years before they receive compensation for the motorcycle accident injuries they suffered. So, these people are forced to pay out of pocket for treatment and other damages. To expedite this process and get compensated fast, seek the services of a competent motorcycle accident injury lawyer.

Hire the Top Motorcycle Injury Lawyers to Get Fair Compensation

To boost your odds of receiving fair compensation, seek the help of the top motorcycle injury lawyers. You want attorneys who’ll advise you on the value of your claim and help you gather evidence to support it. Besides, you’re looking for a lawyer who’ll help you receive compensation quickly.

For more amazing Law content, please check out our other blog posts.

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