article placeholder

Because It’s Also a Money Matter: Financial Red Flags to Avoid in Divorce

wedding ringThe economics of divorce can be complicated, especially if you and your soon-to-be ex-spouse are battling over sizeable assets. Legal costs tend to skyrocket if the process takes too long or if you do not know how to budget your resources.

Given the monetary requirements of divorce, it pays to be in the know and involved in every aspect. Otherwise, your financial health will be threatened. More importantly, you need to avoid some financial pitfalls during the process. Here are some of them.

Crossing Mediation or Collaborative Divorce Off the List

Expenses mainly depend on how you and your soon-to-be ex-spouse will approach the separation process. Litigated divorce, or the type that requires court appearances and a service of a combative attorney, is not the only way to settle things. If your soon-to-be ex-spouse agrees to a fair settlement, it would be wise to consider mediation or a collaborative divorce.

Overlooking Specific Costs

Some divorcing couples are too focused on the bigger picture that they forget the little things that make it up. These include the specific costs. Do not just put a definitive price tag on the entire case, as each segment and process requires different budgets. Law firms, such as MiddletonLawyers.com.au, suggest that you get a consultant or an advisor to figure out your expenses.

Ignoring Tax Matters

Before you agree to the settlement or the distribution of assets, look at the tax consequences. Lump sums and periodic alimonies have different ways of being taxed. Investments and assets, such as stocks, real estate properties, and businesses also have tax costs.

These are only some of the financial red flags you need to avoid in divorce. The most important thing you need to do is plan your finances before even go through the process. For safety, draft a post-divorce financial plan in case the agreement does not turn out the way you expect it.

Business

The First Step towards Business Success: Your Legal Structure Choice

BusinessThe most important decision you will make when starting a business is choosing a legal structure. Sole proprietorship, partnership or LLC, which will work best for your interests? Your choice has legal and financial implications; needless to say, you have to consider your options carefully.

Legal practitioners, such as those from Rainey.co.nz, empathise with start-ups and their concerns, advocating right information for an informed decision. Refer to this guide and see which will fit your needs best.

Sole Proprietorship

In this legal structure, the law sees you and the business as the same legal entity. This means you assume full control of the trade. You operate under your own name or the business name, without setting up a formal legal entity, like a partnership, trust or company. When registering the business, you simply have to use your personal IRD number.

While you are in full control of everything, including all the profits, you are also completely responsible for the taxes, liabilities and debts your business will incur. You may also encounter problems in dividing income with other people involved in the business.

Sole proprietorship is an ideal option if your business is operated by just one person, where income-splitting wouldn’t be an issue.

Partnership

This legal structure involves two or more people or entities sharing assets, profits and liabilities in the business. Each member of the team often contributes different skills and resources, on top of the individual roles and responsibilities written in the partnership agreement. This kind of set-up allows for division of income in fixed proportions.

Your income is still taxable from the partnership, though. And while you are liable for your own debts, you are also responsible for the business debts your partners incur if they go broke.

This type of legal structure is best for professionals doing the same practices (like legal or medical practitioners) because you can split income without too many formalities.

Limited Liability Company

In this set-up, the organisation exists as a formal, legal, independent entity. It is separate from its shareholders or owners. This is by far the most popular form of business structure, because it promotes confidence in businesses, regulating the relationships between investors, directors and creditors more effectively.

One thing you must watch out for here is the costs and formalities of establishing and operating the company. Be familiar with the legal requirements to avoid issues.

Your business structure choice is the first crucial step towards success, so make sure you choose wisely. Seek advice from legal practitioners.

DUI case

Handling a DUI Case

Driving under the influence or driving while intoxicated is a serious offense against public safety and road regulations. This pertains to an offense where a person driving has more than .08 of blood-alcohol concentration (BAC).

It is important to note that even if a person’s BAC is below .08, an officer can still charge them with a DUI if they display impaired driving abilities. A series of tests determines how fit a person is to drive. The most basic tests include a counting test, a walking in line test, and a breath test. It is through the breath test that an officer determines the BAC of a driver.

Once flagged down, even the best DUI lawyers in Springfield, IL advise any driver to cooperate with the officer. Still, just because you fail any field sobriety test doesn’t mean that you don’t have any chance to challenge the findings, notes Noll-Law.com.

Increasing Penalties

The penalties of DUI include jail time, probation, community service, and license suspension. At times, a person would also receive sanctions at work if his job involves commercial driving or if it is a job that requires good moral character.

The penalties may increase based on several factors. One is how cooperative the person was when asked to stop. If the driver fails to abide by the instructions of the officer, this may work to their detriment and may involve additional charges.

Habituality, a legal term for consecutive offenses, may also be a factor. If you have been previously charged with the same offense within a certain period of time, you may look at having more penalties.

The key to defending your case is to cooperate with the officer. You should also disclose all facts to your lawyer so it would be possible to know if the officer’s actions were right or wrong.

Justice

The First Steps Toward Justice

JusticeMedical malpractice can bring various negative consequences to the victim’s life. One wrong move by the medical practitioner and the patient can lose his job, spend millions on treatments he didn’t expect or worse, die.

Medical malpractice cases are some of the most complex and difficult types of cases, shares christensenyounglaw.com. But this shouldn’t discourage people from the overwhelming prospect of seeking compensation. Getting rid of those fears can begin by understanding the first steps to a medical malpractice case.

Getting in touch with the medical professional involved

Before filing any claim, contact the doctor or nurse involved. They may be able to explain what might have gone wrong in the procedure and perform a solution to correct the problem, free of charge.

Approaching the medical licensing board

If approaching the medical professional hasn’t worked at all, it’s time to get in touch with the relevant medical licensing board that governs licenses. They won’t be able to force your doctor or nurse to give you compensation, but they can issue warnings to the medical practitioner and advise you on what to do next.

Knowing the statutes of limitations

Your goal in this is to find out how much time you have to legally make the claim. Some civil cases, like medical malpractice cases, have time limits called “statutes of limitations” which require you to file the claim within a given time since the commission of the malpractice. If you miss the deadline, you may not be able to receive the compensation you want.

Refer to this page to learn about Utah’s Civil Statutes of Limitations Laws.

Getting a medical assessment

Some states require what is called the “certificate or affidavit of merit.” For you to confirm that your case has warrant, contact a medical expert to appraise your medical records and verify that your injury was caused by negligence on the part of your original doctor.

Hiring a medical malpractice attorney

Hand over the “affidavit of merit” to your attorney who can confirm that you consulted an expert and that your claim has merit. Good attorneys understand the strengths and weaknesses of your case and give you sound advices on the next course of action.

If you truly believe you’ve been wronged, take action now. The road to justice starts here.

medical negligence claims

Ways to Reduce Your Financial Risks on Clinical Negligence Claims

medical negligence claimsFiling for a medical negligence claim is a huge financial risk. Imagine trying to get compensated because of the inadequate care given to you by your medical practitioner, but if you lose the case, instead of getting the money you deserve, you would be even required by the court to pay for the costs of the defence. Even if you are right in principle, what matters in the legal battle is to prove whose side is believable; being the real victim does not guarantee you will win the case.

That is why you have to find sufficient financing and be ready for all the expenses you might end up shouldering in case your claim backfires on you. The medical negligence compensation solicitors at secure-law.co.uk stated, “If you suffered due to negligent medical treatment or treatment failure that led to damage to your health, the claim should be brought within three years of the negligent treatment or omission.”

There are three sound strategies to minimise your financial risks:

See Your Chances of Winning

Knowing the odds of you winning the case is a sound decision before making your claim application official. Lawyers in this area of practice could foresee the most likely outcomes of your case, thus predicting your success percentage and the possible fees involved. A good case is an 80% chance of winning.

Have a Conditional Fee Agreement

As someone who is weighing the financial implications of potentially losing a legal case, a no win no fee agreement can be a huge help. Simply put, if you do not win the case, you do not pay the fees of your solicitor. The terms, however, of a conditional fee agreement can be complex because of the different scenarios that might turn out. Be sure to have your lawyer explain it to you in detail and in an understandable language.

Maximise Your Funding Options

Your Home Contents Insurance may pay for the legal expenses of your medical negligence claim, but double-check if your policy covers it. In addition, your membership with a Trade Union or a Benevolent Fund could give you additional muscle to support your claim application financially.

Filing a medical negligence claim could earn you a handsome compensation or burden you significantly. Take note of the all possible financial implications of this legal process immediately.

Child's custody

Getting Acquainted with Colorado’s Child Custody Laws

Child's custodyEvery couple undergoing the divorce process should always think less about their personal gains and more about their children’s. Part of the agreements between ex-spouses is the child custody. In Colorado, the laws quite differ from those in other areas. If you’re seeking custody, it’s wise to familiarize yourself with the laws.

In 1999, the court called it “parental responsibilities” instead of “custody”. They also use several criteria in determining whom to grant guardianship. But in general, they apply the “best interest of the child” factor and they aren’t discriminative on the gender of the parent seeking parental responsibilities.

Technically the Same Law

Although they’ve switched from the traditional name, the responsibilities of the custodial parent are still the same. The court decides “who the child lives with, who gets to make major decisions, and what parenting time or visitation will be for the non-custodial parent and possibly grandparents.”

The Denver family law lawyers from MatthewsFamilyLawyers.com agree that losing the case to your ex does not make you free of your parental obligations. Divorce, according to them, ends only your marital relationship with your spouse, not your role as a parent to your child.

As the Colorado court base their decisions on the best interests of the child, mothers don’t necessarily get custody all the time. The judge considers the emotional relationship of the child with either parent, their future, new community, and education with the care of each parent, and their personal choice.

Joint Parental Responsibilities

The decisions aren’t always in favor of one party. Most of the time, Colorado courts order joint custody or joint parental responsibilities. This means that both parents still have a say on the major decisions involving the child, such as health and education. Visitation time is likewise equally settled for both.

There were also cases in the past wherein the state courts also prioritized grandparent visitation rights. While they can’t limit the rights of parents to the child, they value the role of elderlies in some cases.

Like every law in every state or country, these guidelines are subject to change. Some of the current details may not be the same in the future. It’s wise to always keep yourself informed regarding these matters.

criminal defense lawyer

Deferred Adjudication VS. Probation: The Crucial Difference

criminal defense lawyerFirst time offenders in Texas have a particularly generous plea bargain option available to them. Depending on the type of crime and circumstances of the case, you might be offered deferred adjudication before your case has a chance to go to trial. What is this arrangement, and why should you take it?

Adjudication is much like normal probation; you avoid jail time, and in exchange, you must abide by certain rules and avoid committing crimes for a set period of time. However, it is a much more preferable deal, and it is something that almost every criminal defense lawyer in Houston would advise you to consider.

The Weakness of Proabation

While probation is better than winding up in jail, it is still a conviction. Even though you managed to avoid much of the short term damage of your crime, having a crime on your record is still going to have an enormous effect on your life afterwards. It will affect things like your employment opportunities for years to come.

How Deferred Adjudication is Different

Meanwhile, a deferred adjudication has no conviction, and if you successfully complete the adjudication period, the case is effectively dismissed. The judge “defers” the finding of guilt, helping you avoid the stigma of being a convicted criminal.

Keep in mind, though, that the arrest, charge, and subsequent dismissal will still be publicly viewable unless your attorney can get it sealed. This is still far preferable to a straight conviction, but many erroneously expect that all traces of their crime will complete disappear after the adjudication period.

Is it Worth Accepting?

The thought of admitting guilt is a hard pill to swallow for some people, but you need to understand that your biggest priorities should always be to avoid a conviction on your record and stay out of jail. Deferred adjudication accomplishes exactly that. Unless you attorney says that you stand a great chance in a trial, accepting this bargain is likely your best choice.

Law Books

Getting Clients for a Small Law Firm

Law BooksAs a lawyer, there is nothing better than clients coming in without having to persuade them. The mere thought of not having to exert effort and people still come in for legal aid is admirable. Moreover, it could mean that you’ve built such a reputation that your former clients sing praises about your firm to other people. That, more than anything, is a satisfying thought to any law practitioner.

For small practices, however, that can be tougher. Not many modest law firms attain success in marketing their services effectively. Nevertheless, it doesn’t have to be that way. Small firms will have a chance of getting clients.

1. Where to Spend Your Money

As a starting law firm, it’s safe to assume that you do not have that much funds. So, it’s important to spend it to help your firm gain exposure. Make sure to consult SEO companies such as lawyermarketingexpert.com regarding marketing solutions tailored to law practitioners.

2. Building Relationships

Don’t make it a habit of forgetting your former clients and colleagues. Staying in touch with them, especially your lawyer friends will drive referrals to your practice. In addition, it’s a bit unorthodox, but you can take on overflow from big law firms.

3. Use the Internet

In any case, flyers from law firms don’t exactly exude efficiency and trustworthiness. Use the Internet, but not in the most literal sense. Send out newsletters, maintain constant social media presence or create a blog. Anything that will make you active online can only benefit your quest for clients.

4. Doing Pro Bono Work

Every big law firm started small, and most did their share of pro bono work. That’s why taking a no-pay case once in a while is recommended. It’s the perfect setting to showcase your legal acumen and gain the trust of other people.

5. Break the Norm

Make your own mark in the legal industry. Don’t use law movies as inspiration; be yourself. It’s one way of making you memorable to your former clients.

In the law profession, you’re going to give before you receive. There’s no secret formula in achieving success, and you’re going to have to get out there to gain exposure.

Baby

Custody Battles: What to Prepare

BabyChild custody battles are a bitter part of divorce; these are also the most heated due to the involvement of the children. Parents share a special bond with their kid, which pushes them to achieve sole custody. Most parents use all their resources to win a court battle that involves the children.

Custody cases are emotionally and physically stressful. The average battle also drains both parents of finances due to numerous court hearings and requirements. Despite all these, ex-spouses are willing to pour all efforts to gain custody of their children.

Diving into a custody battle calls for planned preparations. With advance planning, solid evidence and improved lifestyle, winning the battle is easy to achieve.

Being Involved with the Children

Parents who play active roles in their children’s lives have an edge in custody battles. Being involved in all the child’s activities can be an advantage. Attending sports festivals, parent-teacher conferences and school events are also a plus in the eyes of the court. Bringing the children to regular check-ups proves to the court that the parent is dedicated to keeping their kids healthy and fit.

Gathering Enough Evidence and Witness

Every case needs evidence; the same is demanded in legal matters connected to divorce. Parents should document every activity spent with the children. Every parent should produce a number of solid evidence, such as pictures or videos, to prove their effectiveness as a parent. Neighbors, friends and family play an important role. Gathering witnesses enables parents to further solidify their claim of being the better option.

Having an Improved Lifestyle

Colorado firms such as Miller & Steiert, PC may note that in custody cases, the court inspects both parents to decide who is physically, emotionally and psychologically better to care for the children. Custody is awarded to the parent who they see fit for the kid.

To gain custody, parents should rid themselves of harmful habits or vices such as drinking, smoking or drugs. Partaking in these activities may be used against them, lowering their chances in the process.

If a parent values the battle, that individual should stop all vices as soon as possible. A hint of irresponsibility in parenting values leads to an unfavorable verdict.

Parents involved in a custody battle should constantly design their day around their children. The court inspects all aspects of their lives to come up with a decision.

separation

The Difficult Missions of a Paralegal

separationThe life of a paralegal can be difficult at times, especially if people enter the field underestimating the responsibilities of the job. When most people think about paralegals, they make the mistake of thinking that they’re no more than glorified secretaries. That’s a lot like saying nurses exist just to give injections and hold charts for doctors. The view is severely lacking and inaccurate.

Paralegals have multiple responsibilities that lawyers depend on to make their cases stronger and more effective when the trial date arrives. Paralegal training courses help prepare prospects for the rigors of those tasks, and assist them in carrying them out in an efficient manner. The shock of some of the paralegal’s duties is enough to traumatize a person for life if they didn’t get the right preparation.

Part-time Investigator

A perfect example of one such duty is investigating business assets in divorce cases. The presence of a business in the valuation of marital assets adds several levels of complexity to the process. Many well-informed divorcees like to use their companies as an ideal venue for keeping assets away from the attention of their spouse.

It’s up to paralegals and other investigators to search for transactions that can have a large effect on the joint marital estate hidden within other large transactions that occur in business. The presence of a business in a divorce trial represents a high-risk situation for the even distribution of assets that investigators need to pursue.

No Two Paralegals are Alike

There are several methods available to paralegals and asset investigators to pursue business owners. But, the effectiveness of each strategy depends on the strength of the investigator, and it’s up to them to determine which works best for them.

The most common first step in finding potential hidden assets for an executive is the same as the first step taken in investigating a wage earner – poring through bank statements and check registers. Many practitioners disagree on what to do next; some groups choose to stick to the paper trail, while others elect to interview the owners.

Each strategy carries its own advantages and disadvantages. The most that the training can provide is a picture of the expected challenges every strategy will put in front of the paralegal to face. This is a testament to the difficulty if being a paralegal; there are few direct answers, and every person needs to rely on their wits and resourcefulness to survive.