Monday, May 21, 2018

Six Issues To Ask A Family Law Attorney


Although divorce is the most common reason to visit a family law attorney, it isn't the only one. The enormous area of legal practice they specialize in deals with all aspects of domestic relations and family matters.

Adoption

An extremely complicated process, few adoptions are finalized without help from a family law attorney. Why is this? Adoption laws differ from state to state. So before a couple can pursue a legal adoption, they must familiarize themselves with complicated state laws. An experienced adoption lawyer can help explain and expedite the process by filing the required legal documents with the court.

Alimony

Because marriage is chiefly regulated by the state, so too are the rules regarding separation and divorce. Alimony or spousal support may be provided for either party of a divorce. If the parties cannot come to a fair and reasonable agreement on the amount of support, the court will do it for them. But to get to that state, you must file a request for alimony. If your former spouse is uncooperative, an attorney completes and submits the requisite documents with the court.

Child Custody

When a couple with children separates, the question of custody takes center stage. Because it is an emotional, contentious issue, legal professionals are needed to help parents do what is in the best interest of their children.

Domestic Violence

Better known as a restraining order, an order of protection is issued to restrict the behavior of someone by a court who has harmed or threatened another. That person could be a former spouse or domestic partner who either lives at the same address or elsewhere. The order serves as a strong legal deterrent to anyone who has abused or even threatened to harm a person or their family.

Mediation

If the two parties can stand to be in the same room with one another, mediation is a much faster, more affordable alternative to litigation. Whether you are discussing the terms of a divorce or other domestic issues, a lawyer can help move the process along by recommending reasonable solutions to seemingly intractable problems. It is also a far less contentious option because there is no clear winner or loser. Couples can talk things out and mutually agree on a broad range of solutions that could take many months to resolve in court.

Prenuptial Agreements

We all know that about half of all marriages fail. A standard prenuptial agreement is not designed to leave one party penniless and the other rolling in riches. It is intended to help both sides save time, money, and emotion should the marriage end in divorce.

Although there are many more services provided, a family law attorney focuses mostly on the aforementioned legal areas.

When considering a family law attorney, Mobile, AL residents visit Briskman & Binion, P.C. Learn more about them at http://www.briskman-binion.com/Domestic.aspx.
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Friday, May 18, 2018

Annulment Versus Divorce



There are various ground upon which an annulment or a divorce could be granted by a court. The legal consequences could be very important, since an annulment basically erases a marriage, whereas a divorce simply terminates it

Saturday, May 12, 2018

Divorce Advice : How To Protect Yourself In A Divorce



In order to protect yourself in a divorce, determine if you agree with the divorce or not. Remember that all 50 states have 'no-fault' divorce and protect yourself with tips from a certified family mediator in this free video on divorce and relationships.

Wednesday, May 9, 2018

Workers' Compensation Attorney: Understanding The Process And When To Hire A Lawyer


If you get hurt at work, you are traditionally covered by workers' compensation insurance. There are, however, some things that you have to do to ensure that the medical bills are paid by your insurance plan instead of out of your pocket. In some cases, you may need to enlist the help of a workers' compensation attorney, who specializes in these types of proceedings.

Understanding the Process

To know when to get help, you must first understand what types of injuries are eligible for coverage. The injury must occur while on the job during regular or overtime duties. If it occurs during lunch or regular breaks, it is not always covered because you are not supposed to be working during those times. The impairment must be something that is related to your job performance.

In order for insurance to cover cumulative injuries, such as carpal tunnel or back injuries due to sitting or standing, they must be filed in a timely manner. These injuries are hard to prove just based on an x-ray or a medical exam. Unless there is accurate medical documentation, some companies treat these complaints as suspect. Employees then have a harder time getting the company to take care of any medical bills.

In order to increase your chances of approval, you do not want to wait to file a claim. Filing early, however, does not guarantee that you will be approved for compensation. If you are denied, you can appeal the decision and this is where a qualified workers' compensation attorney is your best ally.

Meeting with your lawyer

When you meet with your lawyer you need to explain the circumstances of your injury. Explain all the steps that you took to have the injury documented. You should also tell them how soon you filed and provided copies of all documentation.

At this time, he or she will give you information on your options. You may end up in court or there could be a negotiation set up between you and the business's insurance company. Your lawyer will be with you for any of the proceedings.

Some employers do not carry the recommended insurance to help cover costs in the event of workplace injury. If this is the case, your workers' compensation attorney can help you negotiate a settlement in which your employer will reimburse you for medical expenses related to the injury.

There are times this may go to court and end with you suing for a settlement. The entire process is different as there may be no formal documentation filed with your employer.

Workers' compensation attorneys can also help if you have been fired due to an injury. Workplace injuries cannot be the reason for being let go and you can sue for wrongful termination. While you most likely get your job back, you can be compensated for lost wages until such time as you can obtain a new job.

Because laws vary from state to state it may be in your best interest to contact a workers' compensation attorney before you submit any paperwork to ensure that it is correctly completed. This helps ensure that the application for insurance reimbursement is approved and avoids a long legal proceeding.


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Thursday, May 3, 2018

Divorce Advice : What Is A Petition For Divorce?



A petition for divorce is the initial pleading that a spouse files to start the whole divorce process. Learn about divorce petitions and if jurisdictional requirements are met with tips from a certified family mediator in this free video on divorce and relationships.

Monday, April 30, 2018

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 the 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 your 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 to 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 of 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.



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Friday, April 27, 2018

How Do I Keep My Divorce Private?



In divorce mediation, there are:

1. No public court hearings;
2. No depositions;
3. No submissions of evidence;
4. No courtroom testimony;
5. No discovery;

With mediation, we can file your divorce documents in a foreign jurisdiction so nothing is even filed in your local court.

All negotiating is done in the privacy of the mediator’s office. After coming to an agreement on the pertinent issues in the divorce, the mediator drafts the couple’s decisions into a Marital Settlement Agreement, which is then signed by a Judge and filed with the Court.

Tuesday, April 24, 2018

Does Your Family Need 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.


Saturday, April 21, 2018

6 Tips That Will Help You Understand Child Support


Whether you are going through a divorce or just separating from your partner, you'll need to make child support arrangements for any children that you share. The few tips listed below will help you successfully navigate the system.

Determine Who Will Have Primary Custody

Primary custody does not mean sole custody. It simply refers to the parent the child will spend the majority of their time with. For example, if a child spends school days with mom and weekends with dad, then the mother would be listed as the primary custodian, even though both parents are sharing joint custody. This is one factor the judge will look at when determining monetary support obligations.

Prepare an Income Statement

Another factor in deciding the amount of funds to be set aside for the care of a child is how much each parent currently makes at his or her job. The judge will want to see evidence, so take the time to create an income statement that accurately reflects your wages.

Seek Legal Representation

Although you can file for child support without hiring a lawyer, it is not recommended. Seeking legal counsel is the best way to ensure that your child gets adequate support if you are the primary custodian. On the other side, an attorney is knowledgeable about how much money is fair so that you don't end up paying above what is reasonable.

Make Adjustments if Necessary

An order of support is not set in stone. If either party experiences a change in income, or one parent begins to take over the majority of the care of the child, an adjustment can be made. Your lawyer can help you get an adjustment if one is warranted.

An Order Doesn't Necessarily Stop at Age 18

It is a common assumption that child support stops once a minor turns 18, however, this is not always the case. The order can actually remain in effect until a child finishes school, which includes up to five years in college. There are other exceptions to this as well, such as a child who suffers from a disability that renders him or her unable to work.

Take Steps to Enforce the Order

Should the non-custodial parent fail to pay the amount ordered by the judge, there are steps you can take to have the child support agreement enforced. First, you can call the case manager that has been assigned to you and request a delinquency notice. Second, if the delinquency notice is not heeded, you can request a warrant for non-payment of support. Keep in contact with your case manager, and remember that he or she is there to work on behalf of your son or daughter.

Laws are changing all the time, so it is important that you check with your legal representative before requesting aid from the court system. Also, your lawyer will better be able to explain to you the complex formulas used by courts to determine the monetary amounts sufficient for the raising of your child.


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Thursday, April 12, 2018

Why You Should Hire A Divorce Attorney Rather Than Representing Yourself


If you have decided that your marriage is no longer working, you have a few different options available to you; you can stay together with your spouse and try to make the marriage work, you can try a legal separation period to see whether this has any effect on the situation, or you can legally terminate your marriage with a divorce. In order to file for a formal divorce, you must complete necessary paperwork and submit it properly. If this is not done correctly, your divorce may not be made official, and you could accidentally implicate yourself in marital crimes, such as polygamy. Although it is possible to file for divorce without the aid of an attorney, most people prefer to use a divorce attorney for a few different reasons.

The main reason to use a divorce attorney to represent your interests is that they are skilled and experienced in how divorce proceedings work in the state where they work. They will be able to draw up the necessary paperwork quickly and easily, and they will be aware of any legal subtleties which exist in your area. Some regions have slightly different divorce regulations to other areas, so you may not necessarily be able to follow step-by-step guides which you find on the internet. Because of their knowledge and experience, they will be able to complete the proceedings in as little time as possible, meaning that you can begin to move on with your life, rather than having to drag things out. Divorce attorneys also know the most common pitfalls of divorce work, and therefore they will be able to help you to avoid these issues. Having an experienced person on your side can help you to feel more confident about submitting your finalized proceedings.

If your separation of assets is not clear-cut, you may also want to speak with a divorce attorney because they will be able to negotiate the best deal for you. Attorneys are skilled in the art of negotiation so they will be able to help you to assert your claim on property which is rightfully yours. Many people who do not use a divorce attorney will regret this later on because they will feel upset about relinquishing their claim to assets which were partly theirs.

If your partner has hired a divorce attorney to represent their interests, it is a good idea to make sure that you have one to represent yours. If you try to represent yourself against a professional with experience in the field, you are likely to lose a lot more money (and assets) than you would stand to spend on hiring your own legal professional. An opposing attorney will attempt to confuse you with legal terminology and tricky loopholes so that you accidentally make concessions that you don't want to make. Your attorney will protect you in this respect.


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Monday, April 9, 2018

What Is A Prenuptial Agreement



Choosing to get married is an exciting decision and should be made after careful consideration. Most of us hope for a lasting marriage, but with the rising divorce rates it doesn't always turn out that way. Therefore, it may be important to consider making plans to protect your personal assets.

Friday, April 6, 2018

How A Social Security Attorney Can Help You Get The Benefits You Deserve



Everyone hopes that they will never need a social security attorney. However, if you become disabled or are unable to work because of a physical or mental illness, you may need help navigating the system to ensure you get the benefits that you are entitled to. An experienced firm who is knowledgeable about social security and disability laws can take care of the interaction with insurance companies, the Social Security Administration, Veterans Administration, and any other groups that may be related to your claim.

The Social Security Administration (SSA) website indicates that everyone is entitled to representation when processing a claim under titles II, XVI, and XVIII of the Social Security Act. However, did you know that most claims are denied initially, and often with the first reconsideration as well, even if an attorney represents you? In that case, an administrative law judge hears the claim. It is at this point that a social security attorney can be a big help to win the claim. While legal representation does not guarantee that you will receive benefits, a reputable firm should be able to provide you with the best possible case and possess all the information needed prior to a hearing.

The SSA considers someone disabled if a person's physical or mental condition makes it impossible to do suitable work for his or her age, education, or work experience. Also, the disability must be one that is expected to last for at least a year or to result in death. To make this determination, the SSA considers the following:

- Is the claimant currently working? If so, and he earns an average of more than $500 per month, he typically will not be considered disabled.
- Can the condition be considered "severe"? Does it interfere with basic work-related activities?
- Is the condition listed in the SSA list of disabling impairments? If it is on this list, the claimant will definitely be qualified.
- Can you do any work that you have done before? If your condition is severe and keeps you from doing your current job, is it severe enough to keep you from doing other work you have done in the last 15 years?
- Can the applicant do any other type of work? If he cannot do anything previously done in the last 15 years, the SSA will consider whether he can do any other type of work based on age, education, past work experience, and skill set.

A qualified social security attorney can help you deal with one of the most confusing of all the federal government systems. If you determine that you meet any of these qualifications, you should contact an attorney experienced with social security claims to help you get all the requirements together to present your case to the SSA. Do your homework and retain one that will do their best to get your benefits in a timely manner.



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Tuesday, April 3, 2018

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.

Saturday, March 31, 2018

The Need For A Good Workers Comp Attorney


Finding a good and reliable workers compensation attorney can be quite a hard task in today's world. I am not saying that there is a lack of lawyers out there, it's finding the right one which can be the problem. Did you know that there are over a million deaths a year which are due to injuries and work related accidents in the United States alone? More often than not the costs are covered between the company and the employee's insurance. But there some cases where your claims would get denied. This is when you need to hire a workers compensation attorney. They would help you get the compensation you deserve.

There are some companies who would do anything not to part with their money. They refuse to pay workers the compensation they deserve. They would stop at nothing to avoid paying the claims. After all the workers have had accidents while on duty and it is their right to claim medical and other expenses. Each year a large number of workers are left to struggle with the injuries as well as having to pay for all their medical expenses because they haven't been given money by their employers. This is why it is very important to have a workers comp attorney on your side. They would study your case and then try to represent you best.

You need to remember that if your injury has occurred when you were not on duty your case would be dismissed. It would be ruled out even if you were under the influence of drugs or alcohol. You would not be given any compensation if you were injured while fighting with a co - worker. Under these circumstances your claim would be dismissed automatically. The first thing you need to make sure of is that you have a viable case. It often happens that an injury takes place due to an employees own negligence. If you are trying to make a false claim no lawyer would take your case up. They would see right through your false claim and would not fight your case.

If you need to find a reliable lawyer there are a few places you could look. If you have a labor union you could contact them and ask for suggestions. If you and your family have a general practice lawyer you could ask for a few of his references. I would suggest you don't hire a lawyer through cheesy TV ads and billboards. This way you would be wasting your money. Remember to do some research online before hiring your lawyer. Look for user recommendations online as well.

You have been injured at work. You deserve money for your injuries. But, the system does not always work. That is when you need good workers compensation attorneys.

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Wednesday, March 28, 2018

How To Settle A Lawsuit



Most lawsuits settle out of court, but agreeing on a settlement amount can be difficult. If your damages are minor -- like minor injuries, low medical bills, or a few weeks of missed work, and your life gets back on track relatively quickly, then an early settlement is likely.

Monday, March 19, 2018

Family Law



The firm’s Family Law practice is supervised by our managing partner, John D. Hodson, CFLS, AAML.

Mr. Hodson is the first and only family law attorney in Solano County’s history to be elected a Fellow in the prestigious American Academy of Matrimonial Lawyers.  He is also Solano County’s only AV-Preeminent rated family law attorney and Solano County’s only perennial Northern California “Super Lawyer” since 2005.

A retired Air Force judge advocate with hundreds of trials under his belt, Mr. Hodson has been honored as Solano County Bar Association’s Attorney of the Year.  He serves on the AAML National Legislative Committee, the AAML Northern California Chapter Board of Managers, the Editorial Boards of the Association of Family Law Specialists (ACFLS) Specialist and the State Bar of California Family Law Section Family Law News journals.  He is a past Education Director, Legislative Director, and Secretary of the Board of Directors for ACFLS, and a Past Chair of FlexCom, the State Bar of California Family Law Section Executive Committee.  He currently serves as a member of the California Judicial Council’s Family & Juvenile Law Advisory Committee and is a well-known educator of lawyers and judges throughout California on family law topics.

In his practice, Mr. Hodson serves as litigants’ counsel, but also as a private judge, superior court judge pro tem, arbitrator, mediator, minors’ counsel, special master, discovery referee, and is trained in Collaborative Practice.

Our firm’s family law attorneys stay abreast of current law and developments through extensive continuing legal education. We all exceed the minimum educational standards set by the State Bar.  We assist clients in a wide variety of family law matters, and we regularly collaborate on cases so that our combined experience and expertise enhances our representation of clients in Dissolution of Marriage (Divorce) and Legal Separation, Establishment of Parental Relationship (Paternity), Child Custody and Visitation, Child Support, Spousal Support, Domestic Violence, Prenuptial and Postnuptial Agreements, Guardianships, Stepparent Adoptions, Contempt Proceedings, Post-Judgment Enforcement actions, Mediation, Arbitration, and other Domestic Relations matters.

We are a no-nonsense law firm, committed to providing our clients with knowledgeable, pragmatic, ethical and efficient legal representation. We tell our clients the truth, we do our best to explain the substantive and procedural law in understandable terms, and we guide clients through what can be a very stressful, slow, and sometimes expensive legal process.  We do our utmost to conserve our time and our clients’ resources within the limits of practical realities and the law.  We gladly provide information, education, and advice about our clients’ rights and options to guide them through difficult legal matters with confidence.

Every client’s case is planned with that client’s specific needs and factual situation in mind. We encourage civility among lawyers and litigants, and do our best to maintain civil and respectful relationships, especially when parties will continue to raise children together.  Our first choice for our clients is always negotiation and settlement, and we are well-experienced to accomplish settlements. That said, if a case cannot be resolved, we offer trial experience second to none in the area.

Hodson & Mullin’s friendly, very experienced, compassionate, and highly professional family law staff is committed to helping our clients through difficult situations.

We cannot always give you the answers you like, but we can always give you the correct answers and sound advice to help you make realistic decisions.  Give us a call!

Wednesday, March 7, 2018

Why You Need A Divorce Attorney


Nobody asks for a divorce. Divorce is a rough time for anybody. When a person repeats the vow, "till death do us part," we never expect to have to deal with a separation. Although, because of certain life circumstances, divorce does find its way into our lives and we must deal. In order to get through the difficult process of divorce, it is necessary to have a divorce attorney.
If you aren't familiar with the legalities of a divorce or the legal system itself, a divorce attorney will walk you through it. Since divorce can be such a sensitive situation, surprisingly, they can make a good shoulder to lean on. They will give you advice on your rights and how to handle the situation as quickly as possible.
Divorces shouldn't be long and carried out slowly. Both parties usually want a clean break and a chance to move on from the hurt and anger. An attorney will keep the situation professional and help take care of important issues such as custody arrangements, assets, and debt responsibilities. The divorce attorney takes care important paper-work and will do their best to give the client a fair fight.
If you are on a limited budget, you can still find an effective attorney. While some divorce attorneys can be quite expensive because of their high reputation, you can still find one that you can afford or an attorney who is willing to make payment arrangements with you. To find a reliable divorce attorney, it is important to do your research. Speak with others who have used the attorney's services or learn about what their practices are in the courtroom. If finances are keeping you from finding a dependable divorce attorney, research legal services that are available for low-income families and individuals.
It is hard to create a good case for your divorce without an attorney. If you try to approach a divorce without one, your case won't have a successful turn-out. Without one, you could lose everything or end up paying out more than you anticipated. Don't rush into the process of finding a dependable divorce attorney. Take your time so that you feel comfortable when you enter the courtroom. Most lawyers will offer a free consultation. If you are trying to choose between multiple lawyers, take advantage of the consultation so that you can find an attorney who understands your case.
Don't ever try to approach a divorce without an attorney. A divorce attorney will help you navigate through the legal system and assist you with any problems or questions along the way. Their goal is to help you win your case. You shouldn't ever have to doubt your attorney and if you do then he isn't the right one for you.
If divorce has entered your life, be patient. No divorce is meant to be pleasant, but with a divorce attorney, they will help you ease your way through the case. With somebody at your side, the situation will be less stressful.
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Sunday, March 4, 2018

How Does Your Age Affect Your Social Security Disability Claim?


Each year more than 2.5 million disability applications are filed with the Social Security Administration. Of these applications, only 30 percent are approved at the initial stage of the application process. The remaining 70 percent must appeal the SSA's decision to deny benefits or give up hope of receiving benefits.

Many people wonder why applications are approved or denied and whether or not age plays any part in the SSA's decision as to whether or not they will award benefits. If you have considered applying for disability and wonder how your age will affect your disability claim, the following information will help you understand what role your age plays in your ability to qualify for disability benefits.

Age and Social Security Disability

Age is not always a determining factor when it comes to disability applications, but many times it does play a part in the SSA's decision on whether or not to award disability benefits. This is due to the medical and vocational guidelines that are set forth by the SSA.

When the Social Security office reviews a disability application, certain medical and vocational guidelines must be followed when deciding whether or not to approve a claim. There are guidelines set forth that pertain to one's age, but that does not mean your age will automatically disqualify you from receiving disability benefits.

When the SSA reviews your disability application, they must determine whether or not you are able to participate in gainful employment. Even if you have suffered a disability that prevents you from performing your usual job functions, your age may play a part in determining whether or not you can perform other types of work.

Let's say, for example, that you have no experience other than construction work. If you suffer a back injury and are unable to perform your usual line of work you may want to apply for disability benefits. Even if your condition falls under Social Security's Impairment Listings, this does not mean you will automatically qualify for benefits. Your age may also play a part in the decision.

Using the above example, if you are over the age of 50 your chances of being approved for disability benefits would be much greater than if you were in your twenties or thirties. This is because it would be much harder for you to enter into a new line of work. If you are younger, the SSA would expect you to obtain the necessary work skills to perform other types of employment. On the other hand, if your disability prevents you from performing any type of work whatsoever, you would likely be approved for disability benefits regardless of your age.

Determining the Role Your Age will Play

If you are applying for disability benefits, it can be helpful to understand how the SSA views the different age groups and work categories. If you are younger than 44 years of age, the SSA will view you as a young individual. Those who are between the ages of 44 to 49 are considered younger individuals and those between the ages of 49 to 55 are considered to be advancing in age. If you are over the age of 55 when you apply for Social Security Disability benefits, the SSA will consider you advanced in age.

Along with determining your age, the SSA will also determine what types of work you can perform. There are four categories into which Social Security groups functional capacities including sedentary work, light work, medium work and heavy-weight work. No matter how young you are, if you are unable to perform even the sedentary level of work due to your disability, you will likely be approved for disability benefits.

What to Do If Your Claim Is Denied

If you apply for Social Security Disability and your claim is denied, it is in your best interest to file an appeal with the Social Security Administration within 60 days of receiving the decision notice. If you feel that your age has played a part in your denied Social Security Disability application and that the Social Security Administration did not fairly take into consideration your inability to perform any type of work whatsoever, you should retain the services of a Social Security Disability attorney. Your attorney can increase your chances of a successful Social Security Disability claim and will ensure that all aspects of your disability are taken into account during the Social Security Disability appeal process.


Thursday, March 1, 2018

Due Process Of Law



Due process is one of those terms that is commonly heard but not so commonly understood. Due process actually has two different meanings. The term can refer to procedural due process or substantive due process.

Monday, February 26, 2018

Closed Adoption



In a closed adoption, birth parents and adoptive parents work through an agency or another third party. They do not have contact with one another and care is taken to prevent each party from learning the other's identity. While information about the child's medical history and other important factors are provided to the adoptive parents, information about the birth parents is kept sealed. Traditionally, adoptees would need a court order to get that information released. However, since the late 1990s, some states have begun to allow adoptees over the age of 18 to have the records released without a court order. This is consistent with a growing trend in this country toward open adoptions. If you have a question about a closed adoption or are seeking to learn more information about a birth parent, contact an adoption attorney in your area today

Saturday, January 27, 2018

Wednesday, January 24, 2018