Category Archives: Law

Breaking the News of Divorce to Your Family

Couple facing away from each other

Couple facing away from each otherYou want to make the marriage work for the sake of your children, but it’s undeniable that some things have already changed. Deciding to finally end the marriage is not the only thing to think about, however.

Here are some questions to ask yourself:

Do You Know How to File for Divorce?

It’s not going to be easy, but it’s not impossible, too. Prepare yourself by learning how to file for divorce in your state. Each state has their own rules, so Utahans need to look for the process specific to Utah. Your lawyer at Kelly & Bramwell, P.C. can fill you in on the technicalities that you cannot learn from reading online articles. Your case may have unique elements, so don’t expect that it will go precisely how source articles say it will.

How Will You Tell Your Partner?

Saying the word divorce for the first time can be hard. Before telling your partner, it’s all just thoughts. Once you sit down and speak about it, it makes the decision real. Your partner may not take it well, or they might agree with your decision. Gauge their mood, especially if they have a difficult temper. You don’t want to add domestic violence to the mix when you’re already planning to exit the marriage.

How Will You Tell Your Children?

Your children will also have a different reaction to the divorce. The way they see it, their parents do not love each other anymore, and it will split the family in two. They will start thinking about holidays, birthdays, and all those occasions that families supposedly spend with each other. They might also blame themselves for your decision. If it’s possible, you and your partner should talk to them together, so they know that the divorce does not change your love for them.

Divorce is a delicate matter, especially if your family is going through it for the first time. It might mean that the family will be broken, but it can also be that one final time that everyone comes together as one.

What You Should Do When You Sustain Personal Injury

Guy suffering from knee injury

Guy suffering from knee injuryThe Washington State. Home to the iconic Yakima Indian Reservation where thousands of wild horses roam. It’s also the number one producer of fruits staple to the American diet, from apples to raspberries.

But there’s more to Washington than its sweet cherries. With a population of more than 7.4 million, accidents lurk in every corner. And the worst part is, negligence has a lot to do with these incidents.

Your rights as a victim

You’ve found yourself part of the statistics in Marysville after sustaining injuries caused by another person. Whether it’s a car crash, a product defect, or a slip, trip, or fall, know that you have every right to seek compensation.

The Feldman & Lee Law Office suggests hiring a personal injury lawyer as soon as possible. Falling victim to any form of personal injury causes major pain and suffering, which is something that no one deserves, especially if someone else caused the accident. Your rights — and protecting them — are good enough reason to file a claim.

The complex face of Washington’s personal injury law

Washington strives hard to protect its residents and their rights. However, it’s also your responsibility to take matters to court. In other words, you have to file the claim and no one else should do it for you.

You’re probably hesitating because of the complex regulations surrounding this branch of the law, and that’s understandable. Simply the thought of all those legal terminologies can confuse anyone. Take note, however, that the State has a three-year statute of limitation.

This is why your best course of action is hiring an experienced personal injury lawyer. With their skills and expertise of Washington’s personal injury laws, they can make the process a lot easier.

Don’t wait too long before you file a claim. The sooner you do, the more accurate witness testimonies are. And of course, the sooner you’ll receive your much-deserved compensation.

What Property Conveyance Lawyers Do

a lawyer talking to his clientsYou need some legal knowledge when buying or selling property in Queensland. The transfer of property ownership, or conveyancing, involves a few steps before the actual settlement day.

The law does not state that you need a lawyer to handle it for you. However, you can avoid many problems later on if you do. Here are the roles Townsville conveyancing lawyers play.

1. They check the buyer’s offer

If you are a seller, you should only accept an offer to buy if it involves a legal contract. If you are a buyer, you want to make sure the buyer’s offer contract includes all the conditions you want. The lawyer checks if the contract is legal and binding in either case. This will make the next few steps go smoothly.

2. They check the conditions

Accepting an offer signals your conveyance lawyer to check if the other party has fulfilled the conditions of the contract.

If you are the buyer, the lawyer ensures the seller makes any repairs needed and arranges for the release of mortgage, if any, in time for the settlement.

If you are the seller, the lawyer checks if the buyer has paid the deposit, arranged for financing, and booked the necessary inspections.

3. They check the paperwork

The conveyance lawyer will take care of all the paperwork needed. This means researching the property to look for any issue and address them as early as possible.

It also means preparing and lodging bank and legal documents as needed. This includes arranging for a property inspection and computation of all duties and taxes.

The lawyer will then compute the settlement figures and book a settlement day, which is when ownership of the property finally transfers to the name of the buyer.

Townsville conveyance lawyers take care of all the legal details in a transfer of real property ownership. They can ensure a smooth transaction for both buyers and sellers.

4 Tips to Make Co-Parenting Better for Children

Mother holding daughterCo-parenting is difficult, but manageable for both sides. Dealing with your ex to take care of your children may be beneficial — or not. There are times when co-parents overlook their obligations, so they seek a family lawyer. In Colorado Springs and other cities found in the state, competent lawyers are available for these legal services. 

For some parents, however, they believe more effort must be done on their part. It's possible for ex-spouses to have a healthy relationship to fulfill shared parenting responsibilities. Here are some tips to make a co-parenting arrangement work:

Be more understanding

A challenge in co-parenting is to be more understanding. Separate the personal issues against an ex to focus more on the children’s welfare. See things from a wider perspective to find the proper solution for every problem. Learn to listen to your ex despite different opinions and personalities.

Your children need your ex as a parent, too. More often, children are vocal in expressing they miss their other parent, which is why it’s important to let them spend time with your ex and let them bond. More importantly, having the guidance of both parents helps children become better people as they grow up.

Set rules to follow

Co-parents should be strict enough in disciplining their children. You must set rules for them to follow for both households. Do not have separate rules from your ex to impose consistent authority. Be specific in laying down the rules to avoid confusion.

Set rules, such as curfew hours, going out with friends, study time, household chores, and doing homework. Along with these rules, explain the value of trust, respect, and obedience. This way, it's easier for them to follow rules.

Adapt to sudden changes

The current arrangement you have may not work in the future. Sudden changes because of different factors can happen anytime. What you can do as a co-parent is to adapt to these changes. Talk to your kids and ex instead of staying with the previous rules when changes happen.

As children grow, their needs and behavior change. Discuss a better co-parenting arrangement with your ex to provide the best care and support for them.

Share special moments

Let your children feel that when it comes to parenting, you and your ex are a team. Remember the special dates and celebrations because the presence of both parents is important to them. Even if the other parent can’t be around for a special celebration, take photos and share it with them. You're both a part of your children’s lives, so it makes sense to share these moments with one another.

It takes two to be better parents. Co-parenting is difficult but both sides can work together for the welfare and happiness of the children.

Same-Sex Couples: Are They Allowed to Adopt?

Same-sex couple with children by the lake

Same-sex couple with children by the lakeThe debate over whether or not same-sex couples may adopt has been going on for a while now. There are certain arguments for and against gay and lesbian adoption. There are several adoption laws across the country, and each may vary from state to state.

Even if the child is born into the same-sex relationship, rules may still apply. Law Office of Gordon N. Shayne, home to top adoption attorneys in Colorado Springs, would constantly advice non-biological parents to undergo the necessary legal procedures for second-parent adoption as a safety measure.

This legal procedure will grant same-sex couples protection for when they travel to another state that does not recognize their parental rights to a child.

Adoption Laws for Same-Sex Couples

Adoption laws for LGBT people vary from state to state. In some states, they allow same-sex couples to adopt a child. For lesbian couples, they can find a male donor or visit a sperm bank. For gay couples, they can attain legal second parent status through second parent adoption.

However, some states prohibit same-sex couples from adopting a child, either through second-parent adoption or joint adoption. A couple, whether heterosexual or homosexual, should know all the legal ramifications resulting from the decision to raise a child.

Several arguments in support of same-sex adoption include the statement of the Universal Declaration of Human Rights that everyone should be treated as equal before the law — that everyone should be entitled to equal protection against any discrimination.

However, arguments against this type of adoption include that this particular issue is best decided on a state-by-state basis.

The Duties of a Legal Parent

Legal parents have the right to live with the child. They also have the right to decide on what’s best for the child — education, health, well-being, and more. Legal parents must support their children financially.

If a state relies on the legalization of same-sex marriage, any legally married same-sex couple can achieve a legal parent status upon the birth or adoption of a child. However, adoption attorneys in Colorado Springs claim that this move is risky.

It is always important to have some form of security that goes through legal procedures. The laws relating to same-sex adoption can be very complex. With the help of an adoption law attorney, you will be able to understand the laws governing this type of adoption.

Estate Planning: What You Need to Do

a lawyer talking to her clients

a lawyer talking to her clientsA will is important because it gives you peace of mind. When the time comes, you’ll know your loved ones will receive their share of your assets in Colorado and that a designated person will honor your final wishes. While you’re not legally required to use a lawyer for your will, the expertise of estate planning attorneys will provide valuable strategies and ensure your will is legally binding.
As a start, you can use the following basic guidelines:

Sign your will with valid witnesses

Who is a valid witness to signing a will? One, not your beneficiaries because this could mean a conflict of interest. Two, not the lawyer drafting your will. Outside of two, you can pick anyone to witness the signing of your will. You should also get your witness to do a self-proving affidavit with a notary because the document can speed up the probate process. A judge would not have to call your witness (or witnesses) in court to validate signatures on your will.

Protect your estate with a living trust

A revocable living trust can become a good option to the typical will because it provides instructions while you’re still alive. The document authorizes someone to manage your estate and your finances if you can no longer do it. The living trust is also a good way to avoid probate and keep your information about your estate private. Once a will goes to court, its public domain and anyone can find out what your assets are worth and which beneficiaries received an inheritance.

Settle your bills, taxes, and debts

Your will needs to leave instructions for paying off debts and other financial obligations. This includes which assets should go toward paying what you owe. Your executor can ensure payment of all outstanding debts before any of your assets go to beneficiaries.

Mortality isn’t an ideal subject in any conversation, but it’s worth thinking about to avoid future problems over your estate. A document detailing which person should get which asset can give you that peace of mind.

How to Become a Legal Nurse Consultant: 4 Skills to Master

Legal Nurse Consultant conversing with a clientAn essential part of knowing how to become a legal nurse consultant is learning the skills that the profession requires to perform the role as diligently and efficiently as possible. The legal consultancy skills are equally necessary as the nursing skills. Below are some skills to master and the reasons you need to become an expert at these.

Active listening

Since you will be representing people, you need to give full attention to what the other individual is saying. You need to comprehend the points the person makes, which is possible through active and emphatic listening. You don’t interrupt the person speaking at inappropriate times, and you ask questions as deemed appropriate for the case.

Reading comprehension

You will be presented with piles of medical and non-medical documents that you should be able to read and understand at the shortest possible time. Accuracy is key here as well as critical thinking. After reading, you need to devise workable solutions. Hence, you should be able to use logic and reasoning in identifying each alternative solution’s strengths and weaknesses. Attention to detail is required. You must be able to draft conclusions based on the pieces of evidence presented.

Complex problem solving

Identifying complex problems and solutions to these are a must. As a legal consultant, you should be adept at reviewing related information regarding consistency and accuracy. From there, carefully developing and evaluating options are the next steps that you should also be proficient at.

Persuasion and negotiation

One of the most significant challenges every legal nursing consultant experiences is making sense of the differences and reconciling if needed. After that, there is a need to persuade people to change perceptions, mindsets, and behaviors based on shreds of evidence. There is a need to learn social perceptiveness or being aware of the reasons some people react in the way they do.

Mastering legal nursing consultancy skills is a challenge in itself. However, everyone who wants to become one must do so.

5 Things to Know About Sealing Criminal Records in New York

A criminal background formA criminal record of an arrest or conviction can create several consequences. For instance, your rap sheet can adversely affect your employment, as well as your housing or immigration status. Luckily, you may be able to “seal” your criminal history and make it invisible to the public.

Here are five of the most important things you should know about criminal record sealing in New York:

What is criminal record sealing?

Instead of erasing criminal records, New York laws allow the sealing of appropriate cases. Sealed records still exist, but they are concealed from the public. Related booking photos, fingerprint cards, and other associated items are either destroyed or returned to you.

Are cases closed or sealed automatically?

Some records are sealed without the affected person having to do anything. Such cases include crimes committed by juvenile delinquents, juvenile offenders, and youthful offenders. Your criminal records will also be automatically sealed if you got a good result in the criminal case or your case was a violation or traffic infraction. Good results include dismissal, acquittal, and decline prosecution.

Which criminal records can be sealed upon request?

A wide array of criminal convictions are eligible for sealing if certain conditions are met and several factors are found in the offender’s favor. Sealable cases include various drug-related misdemeanors and felonies. A criminal record sealing attorney in New York can advise you about eligible convictions and help you convince the judge.

Can “sealed” records appear on a criminal records search?

Sealed criminal records are not listed. However, mistakes may happen and a record that’s supposed to be closed and sealed might appear in your criminal history search. If that happens, you can ask to correct the mistake.

Who can access your sealed records?

You and official personnel are the only parties who can access or get your sealed criminal records. Credit reporting agencies and employers can’t see these records.

Arrest and conviction come with direct punishment and indirect consequences. Even small misdemeanor convictions can create severe downstream issues. Criminal record sealing can provide you with a fresh start after an unfortunate legal incident.

3 Signs Divorce Might be the Right Solution

Angry couple not looking at each otherMost married couples, even when faced with problems, strive to keep divorce out of the picture. However, some relationships become so hurtful and unhealthy that divorce surfaces as the best solution.

When do you know it is time to say “it’s over” to a marriage that you once thought as a “happily ever after?”

There seems to be no way to resolve conflicts anymore

There is no doubt that communication is the best way to salvage a sinking marriage. However, what if it has gone to the point that there is no sense in talking things out anymore because the couple only hears and not truly listens to each other’s woes? What if communication has only become a way for couples to disrespect each other?

If couples are not willing to settle and compromise on each other’s differences by way of communication, then there is no way left to resolve conflicts, say The Law Offices of Ian S. Mednick, P.C. and other divorce attorneys in Long Island.

Both parties feel so exhausted when together and but are so full of life when apart

One of the indications that divorce is just around the corner is when couples avoid any matters involving each other but are highly interested in matters outside of marriage. Thus, they devote themselves to spending too much time with their kids, at work, with friends or with somebody that is way too fun than their spouses.

Since distractions are around, or couples choose to be around these distractions, there is no time for reconciliation and to rekindle the marriage’s fire. This can be an avenue for disinterest, indifference, or worse, cheating.

Marriage counseling can no longer save the relationship

If couples cannot solve their marital problems themselves, they turn to marriage counseling. But if after a considerable amount of time and no progress has been made through marriage counseling, then maybe your relationship has become beyond repair.

Divorce is an unfortunate and unwanted phase every married couple avoids. But if it has come to a point that it has taken its toll on you, then maybe it is time to consider it.

Common Legal Grounds of Fair Job Dismissal

Boss dismissing an employee. Dejected fired office worker carrying a box full of belongings. Getting fired concept.Losing your job is a painful experience. Unless your boss has substantial constitutional grounds to validate your termination, you can file a lawsuit for unfair dismissal. If you have been employed for more than 13 weeks, a minimum period of dismissal notice should be provided.

You can ask your employer to provide you with a written report of the reason for your termination. This should be delivered within two weeks of your demand. If you were unfairly dismissed, you should consult employment lawyers in Wellington to learn about your legal options. Rainey Collins Lawyers cites some legitimate grounds for a fair job termination.

Incapability

Incapability consists of issues like absenteeism and tardiness. If these are the cause of your dismissal, the employer should have documentary evidence. This can be in the form of clocking-in reports or absences, which are not medically certified or documented in your file. The employer should also prove that you were informed of the issue and warned of consequences.

Incompetence

Competence refers to your ability to carry out assigned tasks. You should first be aware of your job description and set standards. Should you fall short of these standards, you must be warned through formal set procedures. The warning should also specify the necessary improvements and give you a reasonable period to improve. After the employer has done all these, he or she can fire you for incompetence.

Misconduct

Misconduct as a ground for dismissal often ranges from grave or gross to ordinary cases. Grave misconduct, such as assault, stealing, a serious breach of company policy and drunkenness can lead to summary dismissal. Ordinary cases of misconduct warrant a thorough investigation and appropriate warnings before release.

Another ground for fair dismissal is job redundancy. But you can counter this reason by proving there exists no economic justification for redundancy or you were selected unfairly. Different employment contracts may contain various grounds for dismissal according to set company policies. It is, therefore, important to understand your contract before signing it.