While many jurisdictions allow individuals to file their own petitions for divorce, that approach comes with a lot of risks. The divorce law that applies to that jurisdiction is often complex, and failure to comply with the provisions of that law can be far reaching. A better approach is to secure the services of a divorce lawyer who understands current laws and regulations, and can protect the interests of the client, see supportive accident lawyer cases examples. Division of Property One of the provisions within divorce law has to do with the division of property. The goal is to make sure that the assets are divided among the two parties in a manner that is fair and equitable. By securing legal counsel to help with this process, it is much easier to identify each asset, determine who will keep what, and hopefully avoid any issues that would slow down the proceedings. Spousal Support In some cases, spousal support will also be included as part of the overall settlement. A lawyer will be aware of the way that the court will calculate that amount and be able to advise the client accordingly. Coming to terms with that amount ahead of time and making sure that process is in compliance with current laws saves time and will help to expedite the approval of the divorce petition. Child Custody and Support Issues There is no doubt that legal counsel is a must when children are part of the family unit. There are all sorts of issues that must be resolved before the divorce can proceed. With the parents share custody or will the parent who takes on full time responsibility receive sole custody? How much will the non-custodial parent pay in terms of child support, provide health insurance, and in other ways ensure that his or her child is provided for properly? What type of visitation rights will the non-custodial parent receive as part of the settlement? All these issues and more must be ironed out before the divorce will be granted. Even in the best of situations, the decision to divorce means addressing a number of issues and coming up with solutions that are fair and in the best interests of everyone involved. By securing a Family lawyer to work through those issues, each person can walk away from the divorce and have what is needed to begin a new life.
In addition to being an emotional roller coaster for everyone involved, divorce can be an extremely complex area of family law. When choosing your divorce attorney, it is necessary that you choose one that you feel comfortable with and that you can trust. After all, you’re going to likely end up discussing some pretty intimate life details with this person. One of the best ways to find a good divorce attorney is to ask for referrals from friends or family who have been through the same situations or even referrals from attorneys you may already know. It is vital that you ask lots of questions so that you can get an idea as to the type of attorney you’ll feel most comfortable with. If you’re asking for a referral from another attorney, you should be completely honest about your situation- if your spouse will be contesting anything, they need to know this so that they can guide you better. Get in touch with your local bar association to see if they can give you a referral. Sit down and honestly think about what exactly you need in an attorney. Do you want to work with a man or woman? Do you want them to be young or old? Do you want someone who will settle out of court or who will go into the courtroom and fight for you? Do you want to pay a flat fee or by the hour? These and other factors are important for choosing the right attorney for your situation. In some cases, attorneys will offer free consultations. It might help to meet with several different attorneys that do offer free consults so that you can get an idea of how different attorneys work and how they plan on approaching your case. However, keep in mind that just because they offer free consults, it doesn’t mean that their future charges will be inexpensive. When meeting with an attorney, you should be ready with the following questions: What will you charge? What can I expect to pay for copying, faxing, and postage? What outcome do you expect? How often will we talk about the case? Where are you licensed to practice? When can I expect a call back when I call you and leave a message? If you’re not here, is there someone else I will be dealing with in case of emergency or questions? Take some time to glance around the office. If there is a receptionist, does he/she seem like someone you want to deal with? Does he/she seem helpful and is the office professional? Ask the attorney how many divorce cases he/she has represented and what the outcomes have been. You must be comfortable with giving your case to them, especially if there are children or large amounts of assets and you and your spouse can’t agree on distribution. You also want to get a feel for how well this attorney knows the judges in the jurisdiction where the case will be filed. Finally, you want to ask for references- especially if you weren’t sent by someone you know and trust. You can ask for names and contact info for past clients that you can call for a reference. However, the attorney can only give you this if the client has agreed. In some cases, the attorney may be offended, but you do have a right to check up on them. You can also call the Supreme Court office in your state or look at their website for more information.
You should be aware that parental rights can be voluntarily or involuntarily terminated. The rights that are terminated include the right to have a voice in the religion, education, or healthcare of the child, as well as the right to any visitation or custody. Following are the steps necessary to terminate a parents rights. Voluntary Termination of Parental Rights If you wish to give up your parental rights, you will take the following steps: First of all, find out about the laws in your state regarding the rights of a natural parent to give up their parental rights. You can find this information in the state code or on the state’s legal website. The laws will vary depending upon the state that the parent and child are living in. You must have good cause to give up your parental rights. This means that you must have a valid reason for giving up the rights to your children. In most states, voluntary termination is acceptable in situations such as adoption. There are very few other things that are considered to be good reasons for giving up rights to a child. You may be able to find out what the courts in your state have considered as good cause in the past. Make sure that you keep yourself within those guidelines. Write up a document that states that you consent to giving up your rights. Contact an attorney that specializes in family law to get some assistance in drafting this document, or visit the clerk at your local courthouse for the guidelines and preprinted documents. Involuntary Termination of Parental Rights If you want to involuntarily terminate the rights of a parent, one or more of the following must occur: Abandonment: Notify your local authorities of abandonment. If a person leaves a child and does not plan on coming back for them, then termination of parental rights can commence. Failure to pay child support: if someone is not supporting their child, such as not providing food, clothing, and/or shelter for them, then parental rights can be terminated. Of course, this is an extreme situation and varies according to the state. Unfit Parents: An unfit parent is one that can’t even take care of their own needs, much less a child. The parent could be involved in drug/alcohol abuse or even other illegal activities. Also in this situation is a parent that has severe mental disabilities that cause them to be unable to care for a child. Child Abuse: if a child is being harmed by their parent, they will be removed from the home. The parent will then be given some time to rehabilitate themselves and an evaluation will be performed. If the parent keeps harming the child, the child will be permanently removed and the parental rights terminated.
A subpoena is a request to appear in court or a legal proceeding, in order to present concrete evidence either in defense or in prosecution. The term subpoena itself literally means ‘under penalty.’ • Court Ordered – A subpoena is a court-ordered command, and therefore should not be ignored. They can also happen in nearly any kind of court case, but more often are done in cases where it is imperative that a witness be present, such as cases dealing with divorce or injuries. – It’s important that if you receive a subpoena, that you immediately comply with the terms of it. Otherwise, you are very likely to face penalties such as fines and jail time. • Types of Subpoenas – The first type of subpoena is an ad testificandum, meaning that you have to testify before a court. – The second type of subpoena is a duces tecum, meaning that you only have to provide any evidence that you have to the court, even if you don’t have to actually show up. • How Subpoenas Work – Subpoenas are issued by an attorney to a specific court that the attorney can practice law at. The subpoena will first be requested by the attorney and then issued by the court clerk, and will then be delivered to the individual person who is being subpoenaed. – Subpoenas are delivered to people by phone, by e-mail, or hand delivered by mail. Not responding to a subpoena is against the law, so be careful to read through it. Just because you are being issued a subpoena doesn’t necessarily mean that you have to show up in court, but you will still have to present evidence. Subpoenas are very specific in what they ask of you, and you should be very protective of any evidence that you are asked to bring up. If you are asked to show up in court, you should prepare extensively for it and put any files and evidence in order. Also, you must not forget to respond to the subpoena as soon as possible. – It wouldn’t hurt to at least consult with a lawyer if you have been subpoenaed. Even if you don’t want to fully hire a lawyer, most offer a free first time consultation service where you can go over the subpoena and make sure that you are putting everything in order properly.
When one spouse files a petition for divorce in a state court, the divorce process has started. This petition, a summons to appear in court, and other documents, will be served to the other spouse. The other spouse will then make a decision as to whether or not to contest the divorce. If he/she chooses to contest it, the exact procedures will vary according to the state, but there are some things that all states have in common. First of all, if you wish to contest your divorce, you must file a response. In most states, there is a form that you can obtain to file your response. It is only necessary to file this document if you plan on contesting the divorce. However, it is time sensitive. You should see a date in which you must respond on the original summons and petition. If you don’t file within this time period, it will go through as uncontested. Next, you will want to request- and attend- a hearing. On the form, you will state whether you are contesting based on the grounds of the divorce or the terms of the divorce. If you contest the grounds, it will have to come in front of the court, so if a hearing has not been set, the respondent will file a motion to prove cause and have it set for hearing through the court clerk. If you’re contesting the grounds for divorce, you will need to disprove what the other spouse has claimed. Grounds for divorce are basically the same from state to state. There are many reasons that a spouse can seek divorce. The burden of proof falls on them, of course. For example, if the divorce was filed on the grounds of abandonment- they must prove it. Abandonment is defined as 18 months without cohabitation. Therefore, if you decide to contest the grounds, you must have evidence that disproves their claim. These days, most states do not require any particular grounds, due to the advent of “no-fault” divorces. Therefore, there will be no grounds for you to contest. However, you can contest the terms of the divorce. For example, your spouse wants sole custody of children, but you wish to have at least partial custody. In these cases, the situation will go in private- through the attorneys- for negotiation. Finally, if you and your spouse are unable to come to an agreement, you will need to get a ruling from the judge. The judge does have a bit of wiggle room when it comes to considering the factors that are in dispute, but does rely on very strict judicial guidelines and precedent.
Robbery is the illegal act of stealing property or money from another individual or group of individuals through force. According to a car wreck lawyer, this can be done via force, all be it, physical or by threatening with psychological fear. Theft and robbery differ from each other greatly in this regard, and many people get the two confused. Theft is where an individual simply takes a piece of property, while robbery is where the individual takes it by force or with intimidation. • Types of Robbery – The different types of robbery include armed robbery, carjacking, aggravated robbery, highway robbery, mugging, and even extortion. • Is Burglary Robbery? -Many people will report burglary as an act of robbery. Their home may have been broken into, and items and/or money could have been stolen. For this, you will have to display evidence to the police that your home was both indeed broken into and that items were also stolen. The police may then choose to classify your case as both a burglary and as a robbery. However, if the police do not carry out a proper investigation and do not find evidence either of the burglary or of any items that were stolen, then the state could be held liable for the law enforcement mistakes. • Charging Someone with Robbery -If you have found the person who is responsible for having robbed you of your property or your money, then you should sue them for the amount of all the damages of the stolen property. Another way for you to recoup your financial damages is through homeowners insurance. Either of these two options almost always work, but in the event that they don’t, you should contact the police department or your lawyer and explain to them the situation. • Can a Person be Convicted of Robbery twice? -No person can be convicted for the same exact crime twice. However, if a person is convicted of committing burglary and robbery at the same time but only serve the sentence for burglary, then they can serve the sentence for committing robbery at a later date. The reasons for this are because there could be two separate trials for the two charges, and one trial may end before the other, causing the convicted to begin serving that sentence. This is very unlikely to happen, as the convicted will usually not begin serving their sentence(s) until both sentences have been declared.