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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 Do the Majority of Car Accidents Take Place in Residential Areas?

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One of the biggest killers in America is traffic. Road conditions, driving habits, and traffic volumes contribute to car accidents. These dangers are especially prevalent in residential neighborhoods. In fact, about half of all car accidents that happen in the country take place within a mile of home. This phenomenon is known as the “car crash suburbanization” effect, and it plays a significant role in why so many incidents happen where they do. According to the National Highway Traffic Safety Administration, the percentage of car accidents that happen close to homes is more than 1 in 4. In urban areas, this number can be even higher. This is because drivers are more likely to speed or drive distractedly when they know they are close to their homes.

Let’s explore further what causes car crashes in residential areas and how you can stay safer from these dangers. 

Distracted Driving

The dangers of distracted driving are well-documented. After all, as we discussed above, they make up one-half of all car accidents that happen in the country. This is because distractions like phone use, texting, and eating are common while behind the wheel. 79% of drivers admit to regularly engaging in some form of distracted driving. People are often distracted when they reach their home street, leading to car accidents in residential areas.

Speed and Unsafe Lane Changes

In many cases, excessive speed is also a critical factor in causing car crashes. This is especially true when driving too fast in adverse road conditions. In terms of car accidents outside of residential areas, this issue often occurs in rural areas that lack traffic control. Excess speed also leads to unsafe lane changes. This is due to your decreased reaction time while driving. It’s easy to make a careless lane change when you’re in a hurry or simply not paying attention to the road. This is a significant cause of car accidents in residential areas.

Road Conditions and Weather

Bad road conditions and wet weather are also common factors in car accidents in residential areas. These two factors can cause dangerous car accidents anywhere, not just the residential area. Poor road conditions, for example, can lead to tire blowouts, which endangers you and other people on the road. Wet weather also plays a role in car crashes in residential areas due to the increased risk of hydroplaning. This happens when the tires are not sufficiently hydrophobic to keep them from sliding on wet roads. Bad weather conditions, like heavy rain or black ice, are the leading cause of car accidents in residential areas.

Bad Traffic Behavior

Finally, you should be aware that bad traffic behavior, like aggressive driving and excessive speeding, is also a significant cause of car accidents in residential areas. This is especially true when driving outside of your typical driving patterns.

As you can see, many potential causes of car accidents exist in residential areas. With this in mind, it’s vital to be aware of the dangers and practice defensive driving. This can help you stay safer on the road and limit the likelihood of being involved in a car crash.

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Why Work With Legal Recruiters and How To Find the Best Ones

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Why Work With Legal Recruiters and How To Find the Best Ones

Legal recruiters are an invaluable resource for attorneys, paralegals, and legal assistants. They have the expertise to assist you in finding the right job or the perfect candidate for an open position.

Their industry knowledge can help you find a position to make the most of your skills and experience. Additionally, their connections can get you in front of hiring managers who might have yet to hear of you.

Why work with a legal recruiter?

Working with a legal recruiter offers many benefits if you’re a law firm or organization looking for top-notch candidates. The same is true if you’re a lawyer wanting to be part of a company’s legal team.

Advantages to the Job Hirer

Legal professionals are in high demand, and finding top-tier applicants suited to your company’s needs can be challenging. You need to find the right person fast to move your business forward. However, there’s so much competition for these positions that it could be an uphill battle.

Luckily, there is a solution: hiring with the assistance of a legal recruiter. With this, you’ll be able to focus on your business matters most. You can do this while still getting the best possible candidates. You’ll get access to experienced recruiters helping companies like yours find the perfect fit for their open positions.

Advantages to the Job Searcher

If you are a job searcher, you may need help figuring out where to start looking for new opportunities. You may know what kind of work you’d like to do. However, you may need to find exactly what type of firm or company is suitable for you.

You may need clarifications about the area of the legal profession you want to specialize in. You might also require some ideas on what would be best for your career.

Working with a legal recruiter can help take some guesswork out of this process. You will also have more control over your career path.

How To Find the Best Legal Recruiters

Finding the best legal recruiters can take time and effort, as many options are available. If you’re thinking about working with one, there are several things to remember.

Reach Out to Different Recruiters

You can reach out to different recruiters by using LinkedIn or other social media platforms. You can also ask your colleagues if they know any excellent legal recruiters.

It’s essential to check their credentials before you hire them. You can check their website and look at their testimonials from previous clients. You should consider them one of your top choices if they have many positive reviews.

Go for recruiters who listen intently to your needs, goals, and vision. Ensure that you’re on the same page to avoid misunderstandings and hiring issues along the way.

Consider Local Legal Recruiters

Local recruiters have a strong understanding of the local market. If you’re hiring, they can help you find the best candidates who can better serve your target market. A local lawyer recruiter will be able to tailor their search to your specific location and needs.

Local legal recruiters can also offer more personalized service than larger firms. They have easier access to a wealth of information about the law firm or company you’re interested in working for.

Request for References

Legal recruiters work with people and maintain various relationships. When you ask them for references, you’ll want to know more than just names and numbers.

Ask for clients who have recently worked with your potential recruiting partner. Call those people directly and ask about their experience working with the recruiter.

You’ll also want to talk to the recruiters about the process of finding candidates. Ask them about the length of time it took them to find candidates or whether they were successful in hiring.

Find What You Need With the Help of Legal Recruiters

Working with legal recruiters can save job seekers and hiring law firms time, money, and effort. These recruitment firms have qualified human resources who can fill positions in the hiring organizations.

Apart from that, these firms understand the local market. They know where to search for candidates to fill their applicant pool. With them, you’ll make hiring and selection decisions easier.

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What to Look for in a Toronto Employment Lawyer

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What to Look for in a Toronto Employment Lawyer

If you feel that your rights are being violated by your employer, or there is a recurring issue in the workplace that makes you uncomfortable, or you were recently terminated and was told that you were not entitled to any severance or that you are only legally entitled to what they gave you, you should start looking for the best employment lawyer for you.

It could take time before you feel comfortable with someone you trust but considering what’s at stake, you should not take chances you might regret later on. The lawyer-client relationship in employment law cases can last years, and they must have your full confidence. Here are the important things to look for when meeting with potential employment lawyers.

Experience

Lawyers are generally not shy about sharing their professional accomplishments and experience on their website bio pages. Many will include links to news articles they were quoted in, or that was about one of their cases, clips of their tv appearances, links to their most successful cases, etc.

Read through as much as you can, and look for cases that are similar to your own – keeping in mind that every case is unique, and it’s the small differences that often decide the outcomes. Note how far back those cases go and how recent their latest reported case was to help put their experience into context.

Keep in mind; however, that while experience is certainly important; it should not be the only factor you consider in your decision. If you walk into a consultation with your mind already made up, you might ignore warning signs that they are not the right fit for your case.

Comfort Level

The topics you discuss with your employment lawyer can get personal. People depend on their jobs to support their families, so they are emotionally invested in what happens in the workplace and workplace issues can create understandably emotional situations.

Assessing how comfortable you feel around someone is more instinctual than analytical, so the best guide is how natural the conversation felt, that there was equal give and take, they listened to you and that they remembered what you told them during the conversation and referenced it when it was relevant to do so.

Remember that your comfort level applies to the lawyer’s firm as well. Some people prefer retaining a lawyer who works in a large, busy firm and others feel more comfortable meeting their employment lawyer in a small, quiet office. You may have to meet with your employment lawyer several times a year, so their location is also a factor.

Their Fees

First and foremost, if you meet with a lawyer, their fees should be completely transparent, and actually, the lawyer should make it a point of confirming with you that you understand their fees for service, exactly what you will and won’t be charged for when payments are due and how much – approximately – you might pay in total for various possible outcomes.

If you EVER meet with a lawyer, employment or otherwise, who doesn’t have structured fees or tells you that they don’t invoice clients to save them from paying taxes, do not hire this person and consider reporting them to the Law Society of Ontario.

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