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Why You Should Hire a Divorce Lawyer

April 14, 2017 at 4:52 pm

divorce optionsAre you wondering whether it is necessary to hire an attorney during your divorce?  There are major reasons why you should seek the services of divorce lawyers. Read on to know why it’s important to involve these attorneys in your family law case.

Protect Your Legal Rights

It is important to ensure that your legal rights are protected during the marriage dissolution process. Sometimes, a split can turn out to be a complex and stressful experience. You may find yourself grinding your teeth and may even need to buy one of the best mouth guard for teeth grinding to stop the habit. But with the assistance of an experienced family law firm, your goals would be met. Moreover, your spouse would definitely hire legal counsel. Hence, you should also look for someone who will represent your interests.

Reduce Stress During Marriage Dissolution

Marriage break up issues may sometimes turn messy and frustrating. There are certain issues that require the intervention of a third party to resolve, regardless of whether you are undergoing a contested or uncontested proceeding. A dissolution professional can substantially reduce animosity and stress in this process. The professional can help to ease pressure associated with marriage breakups by pushing the interest of every family member, particularly when children are involved.

Aggravated feelings and emotional tensions can take over the attention of all the parties involved in the dissolution.

Make the Right Decisions

Mediation or other forms of legal assistance might be required to make the right decision on important issues and conclude the divorce process. This is where a professional attorney comes in handy. An attorney that is highly experienced in family law matters and has represented many people in such cases will be a good fit for you. The attorney will know the kind of decisions that you’ll need to make to ensure you get what is rightfully due to you.

Take Care of Legal Matters

There are several details associated with divorce cases that can be overlooked or forgotten by people with no legal background and experience. Seeking the assistance of legal counsel will ensure every decision is made with the right intention and goal. There are multiple legal papers that must be handled when dealing with divorce cases. There will also be constant discussions between the separating parties. By hiring an experienced attorney, you will rest easy as the lawyer would handle all the pressures related to such tasks. There will be no shouting with your spouse to make you need ear plugs for sleeping at night. The lawyer will help you understand the situation and ensure that every detail is explored, however little it may be.

Ensure Successful Outcome

A marriage dissolution case is a delicate issue that usually requires a lot of time and attention to steer to a successful conclusion. An experienced legal team will dedicate time, effort, expertise and skills, which will increase the chances of a successful outcome of the case. The team will ensure your best interests and rights are safeguarded. In case there are children involved, they will put their above everything.

Better Financial Settlement

Another benefit of hiring a knowledgeable expert is the financial consideration. If you decide to handle your break up without seeking professional legal representation, you may not get the right financial settlement.

The above are some benefits of hiring an experienced divorce attorney.

Valuing Loss of Earning Capacity In A Legal Dispute

December 16, 2016 at 11:10 pm

Loss of earning capacity can be defined as an ongoing loss of the ability to perform your job at all, or as well as you did before the accident.

 

For example, if you are a construction worker and you sustain a permanent injury that affects your ability to lift objects more than 20 pounds, your ability to perform the tasks of a construction worker will obviously have been reduced. Or, suppose you are a teacher and are unable to either sit or stand for more than 15 minutes without extreme pain. This will negatively affect your ability to be employed as a teacher in the future.

 

It may be that your work abilities have been reduced by a percentage, or it may be that you are totally disabled from a vocational standpoint, meaning there is no job that you can reasonably perform given your injuries. But ultimately, loss of earning capacity is only an issue if you have future or permanent injuries that will affect your ability to work.

How to Be Compensated For Loss of Earning Capacity

The best way to receive compensation for loss of earning capacity is to hire an expert to assess your loss and present his or her findings to a jury. A vocational expert may be consulted to evaluate your job skills as well as your medical information and provide an opinion as to how much your ability to perform your work has been affected by your injury.

 

If your doctor reports that you are completely disabled and unable to do any work, the vocational expert need only support the doctor’s opinions and indicate that there are no jobs available for you with your limitations. In other words, you are totally disabled from a work standpoint and have suffered a 100 percent loss of earning capacity.

 

The expert will need to know exactly what physical and mental limitations you have from a medical perspective and to what extent they physically limit you. This will be based on opinions from doctors in medical reports and records, as well as, an interview where the expert asks you a series of questions regarding what you can and cannot do. For example, the expert might ask how long you can sit or stand without discomfort, how much weight you can lift, or how often you get headaches.

Functional Capacity Evaluation Explained

The truthfulness of your answers will be scrutinized by a jury, so the vocational expert may use what is called a functional capacity evaluation (FCE) to support your claims. A functional capacity evaluation is usually conducted by a physical therapist, but might also be conducted by a physician. The evaluation consists primarily of taking measurements of your ability to function physically. This might include testing things such as:

 

  • How much weight you can lift
  • How long you can sit comfortably
  • How long you can stand comfortably
  • How far you can walk without experiencing pain
  • How far you can bend or flex various parts of your body
  • How long you can function in certain situations without pain medication and other related evaluations.

 

These tests are used to determine the extent to which you are vocationally disabled and thus the extent of your loss of earning capacity by comparing how much your abilities have been reduced or lost in comparison to:

 

  1. Your previous level of function
  2. The average person of your age
  3. The average person of your vocation

 

The information from the vocational expert is then given to an economist or accountant who uses economic data and statistics to determine how much money you will lose in the future because of your reduced ability to work. If your abilities are expected to be reduced for a certain number of years, then the calculations are done for that number of years. If your reduction is believed to be permanent, then the calculations will be made using the date that you planned to retire or, if that cannot be proven, the average retirement age according to government statistics. Finally, these numbers will be reduced and presented to the jury in their present value.

How Juries look at Loss of Earning Capacity

Some lawyers argue that jurors are more receptive to lost wages and loss of earning capacity claims when you have tried to go back to work and couldn’t perform the tasks necessary to fulfill your duties. This may be because if  you testify during cross-examination that you are able to do the grocery shopping, take the kids to soccer practice, go on vacation, do the laundry and dishes and so forth, it will be very tough for a jury to believe that you cannot work.

 

On the other hand, the juries realize that working at a vocation is often much different than slowly and carefully doing housework. So if you can explain that you are able to do chores by doing them a little bit at a time or very slowly, but when you tried to go back to work you could not keep up without serious pain, a jury will be more likely to believe that you truly cannot work and are not simply trying to exploit the lawsuit.

Don’t Go It Alone

Unfortunately, calculating loss of earning capacity is a very complicated and a time-consuming. You need an experienced compensation lawyer who can ensure that you get a fair settlement. If you have been injured in an accident, do not rely on the insurance company. Instead, contact a qualified and experienced personal injury attorney to make sure you receive the compensation you are entitled to.

Family Lawyers Offer Support During Divorce Proceedings in Long Beach

September 21, 2016 at 3:45 am

divorced couple in Long Beach FighitingA divorce is never an easy process, but the right attorney can make a difficult time a little bit easier. The divorce process is complex and long, and the stress of the situation can make tempers run high. It is important to have a professional on the side of each party to keep the proceedings agreeable so that they can reach a final compromise and settlement.

No Fault vs. Fault Divorces

Because of the many factors that must be considered during divorce proceeding, it is a good idea to enlist the assistance of Long Beach family lawyers to ensure the process goes as smoothly as possible. One of the factors that must be decided in a divorce proceeding is whether it will be deemed a “fault” or “no fault” divorce. No fault divorces are available in all 50 states, but in 13 of those locations, no fault is the only choice. The other states will allow fault divorces to be finalized for the following reasons:
o The infliction of unnecessary physical or emotional pain; also referred to as cruelty.
o Adultery by either spouse.
o Desertion of either spouse for a specified period of time.
o Confinement to prison by either spouse.

There are a couple of advantages to filing a fault divorce if the situation calls for one. First, the divorce proceedings can usually be completed much more quickly. It can also be more lucrative for the spouse filing the paperwork, since a fault divorce will often lead to a larger settlement for the person who was wronged. A family lawyer in Long Beach can advise a client as to whether there are grounds for a fault divorce and begin the appropriate paperwork to put the wheels in motion as soon as possible.

In cases where there is grounds for a fault divorce on both sides, it is often the spouse who files the paperwork first that will get to make the claim of “fault”. However, if there is a dispute as to which party is most at fault, the court will determine which spouse receives the divorce based on who is more at fault – a process known as comparative rectitude. It is very important to have the representation of Long Beach family lawyers in these situations to protect rights and ensure each party gets a fair shake.

On the other hand, a no fault divorce allows either spouse to file for divorce for any reason. This is where the term “irreconcilable differences” often comes into play. The catch to a no fault divorce in many states is that the couple must live apart for a specified period of time before the final divorce decree may be obtained. In some locations, this may be a matter of months, but in others, it could take years to finalize this sort of divorce. It is best to seek the advisement of Long Beach family lawyers to ensure that the criteria is met for a no fault divorce before paperwork is filed.

Divorce is a painful and complex process to contemplate. The good news is that the right Long Beach family lawyers will make the divorce proceedings a bit easier to handle.

Nevada Divorce Trends

September 5, 2016 at 7:12 pm

Nevada family courtAs divorces mount nation-wide and records of these failed unions piles higher and higher in local courthouses, the growing desire of people to access these records also climbs. As much as we many not want to admit it, there’s no denying that with as many as 35% of Americans now divorced at least once in their lives, your partner has a one in three chance of being among that group, whether they’ll admit it or not.

In Nevada, divorce records fall under the jurisdiction of the state and county authorities. These divorce records are categorized as public records, meaning that anyone can view them so long as they comply with the required procedures. You can now obtain information such as marital status, names, time and place of divorce, cause of divorce, alimony, restraining orders and child custody. You can even find details on Las Vegas divorce law specifically. Of course, this sort of information is invaluable for background checks by dates, or even prospective employers.

Previously, it was a hassle to search Nevada divorce records as it meant huge amounts of red-tape and administration. However, online public record directories have made the search for information in divorce records both easier and faster. There are many online directories to search Nevada divorce records such as the county registry.

wedding ringsThere is no longer a need to fill in various forms and applications to the different government agencies. However, with the number of online divorce record directories available, choosing a credible and well-regarded website which ensures your privacy and confidentiality is of utmost importance. This is because divorce records are often regarded as a sensitive issue, and any misinformation can usually lead to unthinkable consequences.

For those who still firmly believe that you should dance with the one you brought, you may have no desire to be the backup dancer when someone decides they don’t like their partner’s dancing.

Luckily there is an easier way than waiting at those lucky courthouses for an aide to dig through the thousands of divorce records in the hopes of stumbling upon what you’re looking for. You can search Nevada divorce records online now, and see just how good or bad a dancer and partner it is that you’re dealing with.

NV divorce records are public documents, allowing for their collection and legal display in any number of online databases, of which a few exist, but only a few get right.

A good site for Nevada divorce records is your country registry. They house an exhaustive database of over 150 million public records, all well organized and maintaining, giving you the only stop you’ll need on your NV divorce records search.

Simply enter the information you’re able to provide into the search boxes and you’ll be moments away from accessing detailed divorce records, the exact same ones held by the courthouses themselves. Doing so just may save someone stepping on your toes on the dance floor.

Top 6 Tips on Choosing the right Family Lawyer

August 18, 2016 at 1:05 am

Legal problems of marriage, divorce, domestic problems, litigations, and custody must be tackled by an experienced lawyer. Family matters are sensitive and therefore, a skilled lawyer is needed to solve the issue with expertise and prevent further complications.

Best Tips on Choosing the Right Family Lawyer

Choosing the right family lawyer:

Analysis of requirements:

The selection of a lawyer depends on the identification of the exact nature of the family issue. If there are problems in the marriage, a divorce lawyer has to be sought after. There are various lawyers that deal in family litigations and the segment for domestic issues is separate. A specialized lawyer would be better equipped to deal with your problems. The lawyer should be competent to solve issues in that area of conflict.

Background check:

The lawyer’s background, case results, and references should be analyzed before taking the final decision. Also, consult his previous clients on an update about the lawyer’s background and knowledge. The lawyer’s professional history must be strong and his license should be authentic. People usually prefer family lawyers who have been closely associated with the family and know all the intricacies.

Reliable and honest:

A lawyer has to have an in-depth knowledge of the case history and exact nature of the problem. He should be a reliable person as he would know valuable insights about the family and legal matters. Conduct a research about his character and go ahead with his services only when you are thoroughly confident of him. You should be totally at ease with your attorney and should be able to discuss things with total clarity. If you are not comfortable with him, do consider changing your attorney right in the initial stages to avoid hassles later.

Experience:

Many good lawyers do not have additional legal qualifications, but their experience is what sets them above the rest. Experienced lawyers incorporate their skills and qualifications to solve complicated family issues which inexperienced lawyers might not be able to solve. These professionals have been solving these cases since a long time and it is their experience that becomes vital in solving the case. Their knowledge, knack of problem-solving, sharp observations and legal skills are important factors in solving the case.

Negotiation skills:

Family ties are very important and at times, people opt for out-of-courtroom settlements. This avoids additional hassles to their family and themselves. A lawyer plays a key role in these negotiations. His should try and resolve issues amicably so that the court scene can be avoided. Often relationships get nasty and irreparable on going through legal fights. In out of court settlements, matters pertaining to compensations have to be thoroughly discussed.

Cost:

You must hire an attorney who meets your financial criteria. They could be charging flat fees for the entire case or might charge on an hourly basis. Cost concerns are major issues and a tentative budget should be given by the lawyer. If you are not confident about the hourly charges, do ask him to charge a flat rate. This will give a transparent view of the budget.