Wednesday, December 28, 2016

Divorcing Without A Divorce Attorney Can Be Unwise


Going through a divorce is one of the hardest things some people will ever have to do. It can be an extremely stressful and painful time. And still, there are those who choose to go through the process without any professional legal assistance. They may see it as a way to save money, or they might figure they will be able to maneuver through the case by themselves. However, there are many reasons why it's better to hire a divorce attorney.

An Emotional Shield

The dissolving of marriage, no matter how long a couple has been together, is usually a very emotional episode for both parties. This process is especially true if children when involving children. People who don't have a lawyer by their side are left to communicate directly with either their estranged spouse or their spouse's legal counsel. This can set them up for unnecessary arguments and disputes, further igniting their internal pain. A divorce attorney can serve as a buffer, helping to protect their clients from this type of communication. Professional counsel can also provide an objective perspective by notifying their client when they're unreasonable. It's sometimes hard for people to realize they're wrong when dealing with the emotional pain of a hard breakup.

Ensuring Fairness

A divorce attorney can also help to make sure their clients receive fair monetary settlements, as well as child support, if necessary. Lawyers attend school for many years and even participate in continuing education programs to stay abreast of ever-changing laws. If a professional has to pursue consistent learning opportunities, it's safe to say that the average person would be at a disadvantage if he or she were to go at it alone. Therefore, lawyers are the best bet when it comes to getting the most out of settlements and monetary agreements.

Order in the Court

Some people have never stepped foot inside of a courtroom. The extent of their experience doesn't extend past a few law enforcement based television shows. This isn't to say that they wouldn't be able to cope inside of a courtroom. However, their lack of experience could make them quite uncomfortable and put them at a disadvantage, especially if their estranged spouse hired a lawyer.

There are certain courtroom rules and etiquette that must be followed to make the process go as smoothly as possible. A divorce attorney helps take a lot of the pressure off of a client's shoulders. They also ensure that their clients aren't breaking any courtroom rules.

Pursuing litigation without a divorce attorney may seem like a good idea for those looking to save money. Some people may believe they are capable of handling the situation themselves. The truth is, however, there is much more that comes along with a divorce than paying a fee and signing some paperwork. Proper legal counsel can serve as a bright spot, even in the midst of an unfortunate and painful situation.



Article Source: http://EzineArticles.com/9538621

Thursday, December 22, 2016

Divorce And Holidays



One of the casualties of divorce is the effect it has not only on you and your ex, but on your extended families as well. Especially if you have children.

I mean you probably have developed relationships with your extended families over the course of however many years you were together, and now the line has been drawn and now, who is talking to who?

But worse, when it comes to special occasions and holidays, how do you make sure that you and your family get to see your kids while not depriving them of your ex's family?

Well, for one thing, you need to define this clearly in your agreement. Perhaps it's that you split the holidays each year. Or that you have them for the holidays on even numbered years and your ex on the odd numbered years.

But the one thing that I strongly encourage you to do is to make sure that your kids know that they are loved by BOTH families and to maintain and even create new traditions that they will enjoy every time they are with you and your family.

If you feel guilty that they have to split their time between two homes and two sets of families, remind yourself that the same would have probably been true if the marriage had continued.

It's natural for married couples to alternate which holiday will be spent with your family or hers. And the kids would have piled into the car and spent it at whichever Grandmother's turn it was to cook the turkey. And even if they have a preference for which family they'd rather spend time with (I mean we all do), they need to learn that are spending time with people who love them and that's the way it is. Family is family. End of story.

So don't make this harder than it needs to be. The more consistent you are in reinforcing with your kids that they are a part of BOTH families and pattern how the holidays will be handled, the better it will be for everyone.

Hopefully, there will be civility in your divorce enabling you to maintain cordialness with your ex's family. You know ... a birthday greeting, a holiday card or a phone call to your ex-mother in law to see how she's feeling.

But if your divorce is not headed in that direction from the start and you've got kids, make sure it's very clear on how special occasions and holidays will be handled. This way you all simply follow the rules.

If this isn’t clearly defined, you are setting yourself and your kids up for a lot of unnecessary stress and anger.

Remember.... the divorce agreement always prevails so get how this will be handled clearly defined and then enjoy the season!

Friday, December 16, 2016

Common Questions When Considering A Social Security Disability Attorney


For those who have a case involving disability, it may become necessary to hire a Social Security disability attorney. There are a variety of benefits that come with utilizing legal assistance in these cases, and the fees are fairly reasonable. In fact, many lawyers will not charge if a case is lost. Clients and potential clients often have many questions when it comes to hiring a lawyer.

When Is a Social Security Disability Attorney Necessary?

One of the most common reasons for hiring a lawyer for these instances is to improve the likelihood of receiving approval for benefits. While some people are able to have a positive outcome without assistance, those with legal counsel almost always have a better chance of winning a disability case than those who do not.

While these attorneys are most commonly sought out after an initial denial, they can be very helpful at the application stage. In fact, their knowledge and expertise during the application stage may often result in an approval in one application period. On the application, the Social Security disability attorney can help argue that an individual's condition meets the required list of impairments or provide advice on an alleged onset date of disability. During hearings or appeals, he or she can assist in collecting relevant medical evidence, such as doctor's opinions, and preparations for any questions that may come from the judge. They can also assist with finding individuals to testify on behalf of the client.

When Should a Lawyer Be Called?

A Social Security disability attorney can be called at any point during the process, but it is best to call one as early on as possible. For those who may be on the fence on whether or not legal counsel is necessary, it is often beneficial to call, as many will provide a free consultation. He or she will be able to examine a case to determine the strength of the case and provide assistance with the application.

Another consideration to think about is final attorney fees. Those who are approved for benefits at the first try will owe smaller fees since there will be no back benefits owed to the client once the benefits are finally approved.

Hiring an attorney after an initial denial can greatly increase the chance of a positive outcome on the second application, and it is also possible to have the case moved through the process more quickly. This is often the case for terminal medical conditions or for extremely dire financial circumstances. However, this tends to be rare, as many must wait for several months before a case is resolved.

For those who are still on the fence about hiring a Social Security disability attorney, there is an instance in which it may not be helpful. For those who have submitted an initial application and are awaiting word, there is no need to get a lawyer yet as there is no point in paying a commission of past-due benefits unless there is a denial in coverage. However, in many other situations, having representation can be incredibly helpful.



Article Source: http://EzineArticles.com/9271845

Tuesday, December 13, 2016

Workers' Compensation: How to Ensure You Are Getting the Benefits You Deserve


If you are injured at your place of employment as the result of an accident that prevents you from returning, then you are entitled to workers' compensation. The system is put into place to cover medical costs and protect employees who can no longer earn an income because of injuries they sustain while working. Like most government systems there is a high rejection rate, in part to save money and also because of the many people who submit false claims. Even though the system is difficult, there are some things that you can do to give yourself the best possible chance at receiving the benefits you deserve.

Make Sure You Report Every Injury Sustained

Every time you are injured on the job or get ill because of work, you need to report it to the proper channels. It's not enough to tell your boss and walk away; you need to have it in writing which means filling out a detailed incident report. If you aren't given a report to fill out then your employer will have no record of the injury and may deny that you ever complained to them. If there is no paperwork or an insurance adjuster doesn't call you up to discuss it, then something is amiss. Follow up with your boss or go up the ladder until you get results.

Keep Detailed Medical Records

You should let anybody caring for you know that your injury was sustained at your place of employment so that they can forward your medical bill on to workers' comp and not to you. If you choose to visit a doctor that is not suggested by your employer then you need to be certain that they are certified for workers' compensation claims, otherwise you will be stuck with the bill and will have to apply for reimbursement, which can take a long time. Make sure you keep copies filed away in your records of every hospital or doctor's visit you have made, as these records will come in handy if you aggravate an old work injury and need to prove it.

Be Wary of Employers Who Refuse Your Coverage

In certain cases it's the employer who is responsible for the employee not getting workers' compensation, often convincing employees not to make a claim by lying and saying they wouldn't be approved. Workers' compensation is a no-fault insurance, which means that even if you caused the accident (within reason) you will still be covered. Some employers convince employees that the accident was their fault and that they will not be covered. This is a way for companies to keep their safety records up by keeping accidents off the books and to save any money they would have to pay in compensation.

There are ways to make sure you get the best possible benefits on your workers' compensation claim, and they just require hard work, dedication, patience and possibly a personal injury attorney. The biggest thing to know is that lying or cheating is not only illegal, it rarely works. Always be honest. If your claim is valid then you will hopefully have no problems receiving full workers' compensation for your injuries.

If you are in need of advice from a worker's compensation attorney, please visit us at http://www.eLawsuit.com.
Article Source: http://EzineArticles.com/?expert=Em_John

Article Source: http://EzineArticles.com/8265652

Saturday, December 10, 2016

Step Parent Adoption



Couples often ask about the ability for a step-parent to adopt a child. Often one spouse has a child from a previous relationship and the other parent is no longer in the picture. When the new spouse adopts the child, the step-parent gains legal rights over the child and the biological parent's rights are terminated. A petition must be filed with the court to approve the adoption. If everyone consents, including the natural parent whose rights will be terminated, then the step-parent adoption is usually approved. Sometimes couples have a difficult time locating an absentee parent to get their consent. Couples may be able to get around this requirement if it can be shown that the absentee parent has abandoned their child or if they've failed to respond to a consent for adoption.

Wednesday, December 7, 2016

Divorce Advice : Top Reasons for Divorce



The top reasons for divorce include adultery, differences in childcare, financial disagreements and addiction problems. Discover and avoid the top reasons for ending marriages with tips from a relationship specialist and talk show host in this free video on divorce.

Sunday, December 4, 2016

Child Custody - Tips For Building Your Case


Couples sometimes neglect opportunities to amicably resolve disputes when involved in the emotion and stress of separation and divorce. This is especially true in matters of parenting and child custody. If the two parties are willing to work together and avoid the courtroom, mediation can be a more favorable option, but in many cases, both parties feel strongly that they are the more suitable parent. In such cases, parties rely on an impartial judge to decide the case based on the facts. Before taking your child custody case before a judge, know what factors help you build your case, while avoiding pitfalls.

Building Your Case

The only guarantee in a custody battle is that no one truly wins. During trial, the opposing party will attempt to pinpoint aspects in which you may have seemingly failed as a parent, even when you believe that you have done the best job possible. When you have made poor choices in some areas, your hope is to convince the judge that those choices do not prevent you from being viewed as the best caretaker for the child(ren). The following steps can help as you prepare your case for custody:

1) Know your role

Simply wearing the title of "mother", "father", or "grandparent" will not hold weight in the courtroom. Be able to prove that you are the better parent. Aside from a title, you will be expected to define your role in the child's life. Consideration will be given to the amount of "waking time" you spend with your child on a daily basis, so be prepared to discuss what you do on any given day or weekend with the child(ren). Providing an account of meaningful experiences that you have given your child(ren) will only help your cause.

2) Keep good records

Possessing a strong feeling of love and responsibility for your child is not enough. When preparing for a custody trial, make an effort to document what you do for your child(ren). Be prepared to give an account as to how much financial, spiritual, educational, emotional, and physical support you provide. It may be wise to keep a journal noting instances that you think your attorney or the judge may find helpful. Judges are more interested in what you do, as opposed to hearing an account of what the other party does not do.

3) Do your homework - literally.

If your case involves school aged children, know that questions may arise related to school performance and attendance. Being able to demonstrate a history or pattern of positive involvement in your child's education is a plus. Good indicators include Parent-Teacher Association (PTA) involvement, attendance at parent-teacher conferences, and a record of communication with the school related to your child.

Pitfalls

After a brief overview of ways to build your case, the following list represents situations to avoid if possible:

1) Do not assume

Never assume that the judge will favor you over the opposing party due to gender, financial stability, or any other surface related factor. Custody is simply about the question of which party provides the child(ren) with the likelihood of growing up in the best environment. Custody is a matter of character.

2) Playing the blame game

Many have heard the saying, "Keep your friends close, but keep your enemies even closer." In custody matters it is important that you not seem overly critical or fault finding toward the opposing party. Both parents have a stake in the outcome of the case. If it appears that you are unwilling to work with the other party or consider his/her needs, the judge may view this negatively. Besides, if the case is not decided in your favor, the other party may be more willing to accommodate your needs if they feel less attacked during the custody process. Remember, it is more about what you do as a parent, and less about what the other parent does not do.

3) People in your circle

Not everyone who has access to you needs to have access to your child(ren). Far too often, parents are judged by the company they keep. Involvement in numerous or unstable friendships and relationships can negatively impact the way a judge views your ability to provide a safe and stable environment conducive for raising children.

4) Habits that die hard

In a custody case, the past will return to haunt you. It is not okay to be dependent upon or casually accustomed to drugs and alcohol. Nothing speaks more toward losing a custody case than drug, sexual, and/or physical abuse. Again, these issues speak to the character of the individual, and judges frown heavily upon such negative habits.



Article Source: http://EzineArticles.com/899443

Thursday, December 1, 2016

Stages of Divorce



Four common psychological stages of divorce are shock, adjustment, acceptance and life reformation. Learn to live with a divorce with tips from a certified family mediator in this free video on divorce and relationships.