Thursday, September 14, 2017

Six Steps To Find The Best Divorce Attorney


It is a fact that all marriages don't last forever. When you think that the divorce is the only option left to live a stress free life, then it is important for you choose the right Divorce attorney who has a wide array of knowledge to best satisfy both you and the other party.

We would like to mention some of the key points that can help you find the right divorce attorney.

1. The Experience Of The Divorce Attorney - You must understand that the Law offices, which have been in this particular business for several years will only use the lawyers who have a great experience in this particular field of law.

It would be an icing on the cake, if you found the lawyer that has handled cases like yours. So, it is very important to find the lawyer that has a minimum of five years in handling divorce cases.

2. Proficiency Of The Divorce Attorney - A well-qualified lawyer will always be trained in various fields related to the divorce. The fields in which he/she is more likely to have skill are, obtaining child and spousal support, division of property, legal counseling, enforcement orders, etc.

3. Referrals Given By The Divorce Attorney - This is also an important point because if the lawyer is reluctant to give you any referrals, then he/she is hiding something from you.A reliable lawyer will have no problem giving you the referrals.

He/she is not able to show the details of the cases that he/she has handled, but he/she can certainly ask those clients to testify on his/her behalf. You should also make sure that the referrals given by the lawyer are not that old.

4. The Reviews Given By The Previous Clients - We are living in the world, where everything get done online. Many divorce attorneys have their own website, so if you are about to complete things with someone, then you should take a look at his/her website. If there are more positive reviews on the website, then you can consider finalizing the deal with that lawyer.

There are many people who like to post their experiences at the time of their divorce. You should not restrict yourself to just one opinion. Instead, you have to check out a good amount of websites to be sure about the lawyer you are about to hire.

5. Check Out The Accessibility - This is another important point to consider when researching your divorce attorney. You should try to find out how accessible your divorce attorney is. How quickly does he/she responds to phone calls and emails? How quickly can you schedule meetings with him/her?

You will not want to wait for several days, if its urgent matter to discuss. If it's an urgent matter, you should not have to wait several days. A good lawyer will always have an alternative to help his/her client, if he/she is not there to attend them. An assistant or maybe a fellow lawyer will take care of the proceedings until he/she reaches back.

6. Trustworthy - You can't skip this point. It is important for you are comfortable with the lawyer. If you have any issues about his/her working or behavior, then you have to either tell him/her about that or switch to another lawyer. A good, honest and sensitive lawyer will take care of all the needs of his/her clients.

These points will help you find the best divorce attorney for your case. A good lawyer will not just make a strong case, but it will present your case in a great way in front of the court.


Monday, September 11, 2017

Requesting Changes To A Child Support Agreement


Once the court has mandated a child support agreement, is it written in stone or can it be changed if the cost of living goes up or if circumstances change? Fortunately for parents, it is possible to change the court order in certain cases.

Cost of Living Adjustments

The clearest type of change is for cost of living. If you live in an area subject to high inflation, it may be hard both to live on child support agreements negotiated in the past and also to pay them. Ideally, your original agreement included a provision that child support would change based on Consumer Price Index (CPI) in your area. If not, you can petition to have a cost of living or COLA provision added that whenever the CPI in your area goes up by 10% from the current court order, you get a raise. Once you reopen the issue, you can get have a COLA clause added to your agreement, although no increase will kick in unless the CPI increases.

When you petition the court for a COLA, the judge is likely to grant it as long as the math supports you. COLAs have nothing to do with a change in your circumstance, even if you, as a former stay-at-home parent, just got a high paying job. The other party can object, but not based on ability to pay.

Change of Circumstances

When circumstances have changed due to loss of a job, a new job, disability, imprisonment or other inability to earn income, or escalating needs, one party to a child support agreement can petition the court for a revision of the amount of child support payments. Even if one parent remarries, the increase in income is fair game for the ex-spouse to request an increase in child support. In this case, both parties would need to provide financial information to the court.

Requests to change support amounts can be permanent or temporary. If a parent loses a job or has a personal medical emergency, of if the child has a medical emergency, the judge can grant a temporary change in support payments.

Work with the Court to Change Child Support Agreements

Support orders are meant to be long-standing, so courts do not take kindly to frivolous requests for changes. The proposed increase or decrease should be at least 10% for the court to consider it. When divorced parties put their finances before the court, they open themselves up for the court to reevaluate the amount paid and may find themselves paying or receiving more than they planned on.

Once a support agreement is in effect, any changes in the amount of the payment must go through the  courts. Even if one parent informally agrees to more or less, the arrangement must still be added to the agreement.


Friday, September 8, 2017

When To Contact A Social Security Disability Attorney


People who are unable to work because of a physical or mental impairment can apply for Social Security Disability Insurance (SSDI) benefits. If accepted, the disabled individual will receive monthly payments from the government. Standards are quite high, however, and about 70 percent of initial claims for support are denied. In the overwhelming majority of cases, applicants are rejected because they failed to provide enough medical evidence to substantiate their disability.

What Constitutes A Disability?

For SSDI purposes, an individual is considered disabled if they suffer from a medical or psychological impairment that is so severe it prevents them from engaging in substantial gainful activity (SGA) for at least one year. At present, the monetary threshold for SGA is just under $1,100. So if an applicant cannot earn above that amount from his labor, he can apply for SSDI benefits. That does not, however, mean that he will be approved.

Can A Social Security Disability Attorney Help?

It may be disappointing, but having your initial claim denied isn't the end of the world. Many applicants successfully pursue their claims through the appeals process. Of course, it helps to have someone familiar with the process on your side. According to official data, over two-thirds of applicants who appeal their denial eventually receive benefits. But that can only happen if they have the information and evidence they need to prove their case. That's where a Social Security disability attorney can be invaluable.

It is important to note that not every claim for SSDI benefits should be pursued. If the Social Security Administration (SSA) had a valid reason for rejecting your request, a reputable attorney may not take your case. He or she may peruse your denial notice and inform you that your chances of winning are slim. If, however, your application was denied because you failed to provide medical evidence of your impairment, an attorney may accept you as a client. As such, he or she may submit new evidence for reconsideration on appeal.

The Odds Are In Your Favor

According to the SSA, more than two-thirds of the cases that come before an administrative law judge on appeal are approved. Why? The most obvious explanation is that most of the applicants at that stage of the appeal process have a reputable Social Security disability attorney by their side. These skilled legal professionals know how to present your case in a favorable light, providing proof of your impairment and the effect it has had on your life.

With results like those, you might be wondering why everybody doesn't hire an attorney to represent them? One obvious explanation is the price. Although their fees are often quite reasonable - generally less than 25 percent of back pay - not every applicant is owed a sizable sum. Only those who have not worked for quite some time and have been pursuing their case for many months may be eligible for substantial disability back payments. With that said, if you cannot work and do not expect to return to work for more than one year, you should seriously consider hiring a lawyer.

A Social Security disability attorney can help you win your claim for SSDI benefits.


Monday, September 4, 2017

Does Your Family Need The Help From A Guardianship Lawyer?



If you suspect that a love one should have a guardian assigned, but you're not exactly sure if it's possible, it's vitally important that you learn more about which situations call for legal guardians and which ones do not. Understanding when it's possible to have one established can save your family a lot of strife and heartache.

How A Guardianship Lawyer Can Help In Case Of Mental Illness

If you suspect that someone you love is mentally ill and needs help, it's possible to establish guardianships that will control their medical and financial decisions.

The most well known case of this involves Britney Spears. When she spiraled out of control several years ago, her parents agreed that she needed help after she shaved her head and attacked a paparazzo's car with an umbrella. Her father petitioned the court and asked to be granted conservatorship. Although it's not exactly the same thing as becoming a guardian, it's similar (though you should consult an attorney to find out the specific differences in your state).

This conservatorship meant that Britney was no longer able to make her own decisions regarding her finances or medical choices. It's said that her father saved her life by stepping in, but it's unclear whether the conservatorship would continue as a long-term situation.

How A Guardianship Lawyer Can Assist A Minor Child

Situations involving minor children are some of the most commonly understood guardianships. If both parents die without a will, no one is named as the guardian. In these cases, an attorney can help determine who will act as the guardian for the child. It needs to be legally established through the court to ensure that the adult has decision-making authority.

Another situation involving minor children is if parents are unable to care for their children. This can happen because of neglect, but could also be a result of military duty. If a single parent is deployed, he or she can establish guardianships to ensure that a responsible adult is available to make major decisions for the child.

How A Guardianship Lawyer Can Assist The Elderly

If you have a loved one who is getting older and you feel they're unable to make their own decisions in financial and medical situations, it's possible to set up guardianships. Some seniors need help ensuring they receive proper medical care, especially if they have health problems such as Alzheimer's Disease or if they suffer from dementia. Other seniors are especially susceptible to financial scams, and having someone act as a guardian can protect their assets. It can be difficult for seniors to relinquish control over their financial or personal well-being and an attorney will aid families navigating through this tricky situation.

If you're unsure whether a guardianship lawyer can help your family, contact one in your area. He or she will be able to analyze your situation and let you know whether it's appropriate to petition the court to grant a guardian for your loved one.


Friday, September 1, 2017

Things You Can't Put In A Prenuptial Agreement


A prenuptial agreement, or "prenup," is an important consideration for many couples contemplating marriage. Also known in some states as a premarital agreement or antenuptial contract, prenups are often believed to be necessary only for those with substantial assets. In reality, many people are choosing to execute prenuptial contracts today. Although these agreements are highly effective and enforceable in most cases, the law prohibits certain provisions.. Should you endeavor to include a non-allowed provision, courts may invalidate your prenup in whole or in part. Read on for some important information on this subject.

Reasons You May Want a Prenup

Even if you don't have a lot of assets, you may want to consider executing a premarital contract before walking down the aisle. For example, some couples choose a prenup to minimize the cost and pain should they later divorce. Many modern couples choose to work out the details of a potential split before getting married, when decisions are more likely to be dictated by logic rather than emotion.. Prenups can also help to establish ground rules for the marriage and set forth clear expectations for both parties. Other reasons for entering into a prenup may include the presence of children, property or debts from the past.

Provisions that May Be Disallowed

The legal system simply won't allow certain provisions in a premarital contract. This varies from state to state, but some concepts are universal. For any matters involving children, you will likely be unable to compel either party to relinquish future parental rights. Family courts consider the best interests of children ahead of that of either parent. Any attempt to restrict either party's custody or support obligations would likely be unenforceable. Some states also disallow attempts to limit alimony rights. Finally, most non-financial terms may fall under scrutiny. For example, attempts to enforce behavior (for example, who is responsible for specific chores, what religion children will be raised in or family pet matters) may not be enforceable. Trying to include provisions of this nature could result in having the entire agreement voided by a judge.

Protecting Your Assets and Rights before Marriage

If you believe a prenuptial agreement is necessary, contact a family law attorney in your state to discuss your goals and objectives. A lawyer who is experienced in the successful preparation and enforcement of prenups can advise you on what may or may not hold up in court, should your marriage fail in the future. If you elect not to execute a premarital contract with your future spouse, state law will govern how assets are distributed during divorce proceedings.

Tuesday, August 29, 2017

Finding A Workers' Compensation Attorney


Although no law states that you must hire a workers' compensation attorney, it is extremely difficult, if not impossible, to handle a claim on your own. When you're going against highly skilled adjusters working for the insurance companies that have constant access to lawyers, hiring legal representation is essential. Trying to handle your own case may save you a few bucks, but it will cost you plenty in the long run.

When Should I Seek Representation?

Trying to determine when to hire an experienced workers' compensation attorney isn't easy. However, if your employer denies that you were injured on the job, or if the insurance carrier refuses to pay, you need to call a lawyer right away. Some less obvious reasons to seek representation include the following instances: if the adjustor promises benefits but keeps giving you reasons why the check hasn't arrived yet, if your employer's attorney asks you to give a deposition, and-the worst-case scenario-if you are denied medical treatment. All of these situations should be viewed as red flags.

Why Should I Seek Representation?

Believe it or not, many people ask that question. The simple answer is: you have rights! Nobody wants to be the bad guy in any situation, but insurance companies have a knack for making victims feel that way. Do not let these self-interested parties determine what's right or wrong; in our system, that is what judges and juries are for.

If you were in a work-related accident, you are likely dealing with the complex legal system for the first time, and dealing with it while you are in a state of duress. Meanwhile, the insurer or employer who you are seeking compensation from will hire lawyers who handle these kinds of cases every day. Therefore, you need skilled representation from a lawyer who can match the defense at their own game and provide you with guidance and support during what will be a tough time.

How Can I Find A Lawyer?

Finding representation is simple. First, check the Internet. Almost everyone advertises legal services online these days. Read the reviews posted, ask your colleagues and coworkers for referrals, and check the local Yellow Pages. Advertising comes in many forms; use it to your advantage. Also, check with your state's American Bar Association. They keep tabs on everyone practicing law in the state, and, more importantly, they keep track of complaints and malpractice claims. Though the Bar will not refer you to a specific workers' compensation attorney, they will certainly provide you with all of the tools you need to make an informed decision.

You have rights. Exercise them. Do not let your employer bully you when it comes to getting the compensation you deserve. Too many people lose the monetary support they are entitled to claim because they do not know that help exists. If you have been injured on the job, and your job refuses to pay, call an experienced workers' compensation attorney right away.