Selecting A Divorce Attorney

 Selecting a divorce attorney is a critical decision making process. The person who you hire will be responsible for obtaining or maintaining your custody rights to your children, your property interests, and depending upon the side you are one, either minimizing or maximizing your support rights.
In reality, selecting a divorce attorney is also an incredibly stressful experience. Do it right and you can breath easy. Do it wrong and you will spend years making up for losses that might have been prevented.

There are a few tried and true tactics that you should be using when you select a divorce attorney. Before you even begin, you need to identify the type of case that you will be involved in. Will you be mediating your divorce? Will you be negotiating? Or, will your case be one of those cases that goes to court and becomes a knock down, drag out divorce litigation?

There are divorce attorneys who specialize in these different types of cases and you need to hire the type of divorce attorney who is best suited to the type of case that you have. If you need to deal with a knock down, drag out litigation, you do not want a mediation attorney trying to protect your interests. Likewise, if you are going through mediation, the last thing you want is a divorce attorney who will try to create issues and move you towards litigation.

So, step one in the process of selecting a divorce attorney is to identify the type of case that you have.  Next, start asking people for help. Since the divorce rate in the United States is at about 50%, chances are you know at least several people who have been through a divorce. Ask about their process, how they selected a divorce attorney, and how their attorney performed for them.

After you have received the names of several divorce attorneys that you received from asking other people, go online and start researching those attorneys and others. Many divorce attorneys have websites, write articles, and advertise on divorce portal websites. You can get quite a bit of information about how an attorney approaches cases and treats clients by reviewing their website.

After you have reviewed the divorce attorney websites, make a list of at least two and as many as five divorce attorneys who you think you will be comfortable speaking with. Call the offices of those divorce attorneys and schedule consultations. Some of those attorneys will charge you for a consultation; the more experience the attorney has, the more likely that you will have to pay for time with that attorney.

When you attend a consultation with a divorce attorney, be prepared. Make an outline of the history of your marriage and the problems facing you now. If you or your spouse has filed any papers in court, make sure you bring them with you. Bring one or two years tax returns or a recent financial statement so that the divorce attorney can review some of your financial data before being asked questions about "results".

Make sure you ask each divorce attorney questions about how that attorney's office operates in response to client phone calls, emails, or other inquiries or needs. If you will be working with a divorce attorney who has no other attorney in their office, be prepared to wait in line when you have a need for a response. That attorney will have other clients who have needs just as significant as yours, and an attorney can be responsive to only one client at a time. Even with that drawback, there may be a divorce attorney who you feel is just right for you who is also a solo practitioner. That is a trade off that you may have to get comfortable with.

After you have completed all of the consultations and reviewed the answers to all of your questions, decide which divorce attorney you felt most comfortable with and which one you believe will work with you to get the type of results that you want.results that you want.

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Hire A Good Workers Compensation Attorney And Let Them Secure Your Benefits

With all of the challenges that many people are facing when they are trying to apply and get approved for certain entitlements, you can't afford to lose your right to be compensated for your workplace injury. Even though the accident may truly have been something that was beyond your control, you need to hire a workers compensation attorney to fight for your rights. It doesn't matter how good your employer has been to you, the moment you file a claim, they will do everything in their power to avoid having to pay you a dime. It is not your fault that you were hurt, nor is it fair for you to try and have to figure out how your bills are going to get paid. You earned and paid for the right to get your claim approved.

It doesn't really matter what step you are in, all that matters is that you take the time to find a good workers compensation attorney. You can't afford to take chances and let a corporation take away what you're entitled to. With so many business and employers reducing the amount of benefits and coverage they offer to their employees, you shouldn't be so naïve as to assume that they are genuinely invested in your wellbeing or livelihood; any dime they have to pay to you comes out of the insurance they already have. It doesn't really come out of their pocket at all. But you being injured as a result of a workplace injury does affect your finances if you are not able to work as a result of it.

The earlier in your situation that you hire a good workers compensation attorney, the sooner you will be able to receive what you are entitled to. You could end up having the amount you are entitled to reduced or end up getting denied if you don't. Why put yourself through all of the stress, and hassles if you don't have to? Believe it or not, just because there is proof that you were injured on the job doesn't mean that you will automatically be approved for benefits. There are other criteria that have to be met and if your employer decides to dispute anything, you could be looking at a long uphill battle.

Regardless of your situation and how you feel, do yourself a favor and hire a workers compensation attorney that has a great deal of experience in winning for their clients. Take a look at the statistics and you will be able to see that people who hire the right kind of legal representation for their claims have a much higher percentage for getting their claims approved and their benefits paid to them. You can't keep wasting time thinking that things will turn out right. Hire an attorney and know for certain that they will take care of things.

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Can One Parent Move Away Without The Other Parent's Approval?

Many reasons can affect a parent's decision to move away from their current locale: Promising career opportunities; better emotional or financial support networks (e.g. closer to family and friends), or remarriage. When a primary physical custodial parent (one who has 50% or more of the child sharing time) decides to move away, whether it's one hour distant, on the opposite side of the country, or even overseas, the current custodial arrangement will be disrupted. This substantial change of circumstances means the parent who wants to move will need to request new custody and visitation orders from the court.

If parents can't agree on a new visitation schedule, they will have to rely on the court to make the decision for them. The parent who wants to move must request a "move away order" seeking permission to relocate the child(ren) away from the court's jurisdiction. In this case, the court will consider "the best interests of the child", as well as the current timeshare and how parents have been exercising their visitation time. California has permissive move-away laws. This means it generally allows the parent with the larger custody time share to move. The courts understand many people moved to California before having children and may want to move to another state later on in life. If the parent with the primary physical custody (i.e. with 65%> timeshare or more) wants to move away, the non-custodial parent has to prove to the court (even before any hearing) that the move will be detrimental to his/her relationship with the child(ren). On the other hand, if parents share equal custody, the court will presume the move will be harmful to the child, and it is up to the parent who wants to move away to prove that the move will be in the best interest of the children, and that the other parent will be able to maintain a continuing relationship with them.

Before they attend a court hearing, parents are required to mediate their situation in order to try to reach an agreement on new visitation schedules. The court provides mediation services to all parents at no cost, but court mediators are unfamiliar with the family's personal situation and may not have much time or inclination to discuss issues in detail. If parents can't reach an agreement during this short mediation session, it will be up to the court mediator to make a recommendation to the judge at the hearing. This is when private mediation can be very helpful to reach a consensus and visitation arrangements that both parents can work with. Both a court mediator and a private family law mediator will discuss the following in order to help reach an agreement:

- the children's relationship with both parents

- the relationship between the parents and how well they communicate with each other

- the reason for the move (it has to be purposeful, not simply to disrupt the other parent's relationship with the children)

- how parents will maintain continuing contact with the children (e.g. substantial vacation time, virtual visitation using video calling technology)

Move-away situations can be challenging and costly, both emotionally and financially, so it is important for parents to put their personal feelings aside and work toward an agreement that will benefit the children, while allowing them to have a continuing relationship with both parents, no matter how far.

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Social Security Disability - 11 Tips For A Successful Claim

More than 3 million Americans receive Social Security disability benefits every year, but, for most of them, it was a long struggle to get those benefits. According to the Social Security Administration, 12  million people apply for Social Security disability benefits every year. However, it is estimated that 70% of those claims are denied during the very first application process.

The Social Security disability process can be a long and tedious one. On average, an initial claim takes 4-6 months to process. And, if you're rejected and have to go through the entire appeals process, your case could drag on for as long as a year and half.

So, how can you increase your chances of having a successful Social Security disability claim on the first try? Start by following these 11 tips:

1. Learn everything that you can about the Social Security disability application process before you turn in your application. Find out exactly what you can expect.

2. File your Social Security disability claim right away. Since even successful claims can take months to process, you will want to get the ball rolling as soon as possible. That way, you stand a better chance of getting your much-needed Social Security disability benefits sooner.

3. File your Social Security disability paperwork very carefully. A huge number of disability claims are denied right off the bat because the forms were not filled out properly. Answer every question on the forms; leaving something blank can get your claim denied. If you need assistance, don't be afraid to ask someone to help you.

4. Your disability claim will be totally judged on your medical records, so be sure to get ongoing medical treatment. If you do not keep seeing your doctor, your examiner may argue that there are not enough medical records to support your claim. Or, you may have trouble getting your doctor to verify the severity of your condition if he has not seen you in a while.

5. Send copies of all of your medical records in with your Social Security disability application. You want to make sure that the examiner in charge of your case has all of the information. If you do not include your medical records, the examiner will have to call your doctor and get the records himself. That's something that could delay your case for months. Or, worse, if the doctor's office overlooks something, your examiner may not get all of the important information he needs to make a fair decision.

6. Bring up everything that is wrong with you, including mental conditions. Your examiner needs all of the information. For example, if you have memory problems on top of your physical impairment, it may make it even tougher for you to perform basic work.

7. Ask your doctor to write a letter on your behalf. Most doctors will not say that a patient is 100% disabled, but they can talk about why you cannot work. For example, they may say that you are unable to sit, stand, bend, or walk.

8. Keep tabs on your examiner. Call Disability Determination Services - not the Social Security Administration - for updates on your case. DDS is the organization that will handle your initial claim and do your medical evaluation. They are best equipped to handle your questions.

9. Do not assume that DDS knows everything. If a new medical condition arises during the course of your claim, tell your examiner. Or, if you have to go in for a disability interview, do not leave anything out.

10. Respond to any letters promptly. Not doing so can get your claim denied. DDS may send you a letter saying that you have to come in for a medical exam with an independent, third-party doctor. Not going to the appointment puts your claim at risk.

11. Hiring a Social Security disability attorney greatly improves your chances of getting your disability claim approved on the first try. A good lawyer will file all of the paperwork, make sure that you do not miss any deadlines, and pass on any updates to your examiner.

Article Source: http://EzineArticles.com/5293449

Adoption

To learn more about adoption visit http://www.lawinfo.com/adoption.html

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.

Article Source: http://EzineArticles.com/8959076

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.

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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.

Article Source: http://EzineArticles.com/9146008

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.

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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.

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