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.

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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What Can I Do To MaintaIn A Good Relationship With My Children During And After The Divorce Process?

What can I do to maintain a good relationship with my children during and after the divorce process?

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.

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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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.

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.

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