Mediation as an Alternative When Filing Divorce

A divorce usually takes place between a husband and wife over some misunderstandings, extra marital affairs or just because they can't tolerate each other. Sometimes, the divorce proceedings take months where there is lots of emotional and psychological pain the family has to face. And to top it off, there is the high financial costs for the divorce to take place. The lawyers charge high fees, and the never ending process of divorce denotes the excess need of lawyers for a longer time.

However, if and when the parties are ready to negotiate with the legal proceedings, they don't have to suffer a painful process in the divorce. There is a less painful and less expensive option to the court proceedings. And this alternative is called mediation and is a more civil and less emotional process to reach a divorce settlement.

In divorce mediation, both the parties undergo a legal process, like all other divorce cases. However, the difference here is that there is a trained and impartial third party, San Diego divorce attorney, who offers his or her services in the form of advice and assistance so that they can help the couple reach a mutual understanding. This does not mean that the two parties forsake the services of their divorce lawyers. They still do need the help of their respective lawyers through whom they are informed of all the specific legal procedures. This way there is no chance of any misunderstanding occurring; and with this, there is a better chance of reaching a mutual agreement with the help of mediation. Divorce mediation is actually a better choice for a couple seeking divorce as the stress and the cost that is involved in legal battles are avoided by the couple. Sphere: Related Content

Most Common Accidents on Public Property and Your Legal Rights

Have you or a loved one had an accident on public property? If you aren’t sure what the term “public property” encompasses, any property that is owned by the government (federal, state, community) is called public property. This includes public libraries, parks, pathways and government buildings. Some of the most common accidents on public property include slips, trips and falls.

Slips, Trips and Falls

According to the Center for Disease Control and Prevention in 2004, unintentional falls were the leading cause of nonfatal injuries treated in Hospital Emergency Departments in the US. Every year, about 35-40% of adults over the age of 65 fall at least once. “By 2020, the annual direct and indirect cost of fall injuries is expected to reach $54.9 billion (in 2007 dollars).” [Reference: Englander F, Hodson TJ, Terregrossa RA. Economic dimensions of slip and fall injuries. Journal of Forensic Science 1996;41(5):733–46]

The outcomes that are linked to falls include bruises, fractures, head traumas, and traumatic brain injuries (TBI). Common fractures from slips, trips and falls include:

• Spine

• Forearm

• Leg

• Ankle

• Pelvis

• Upper Arm

• Hand

• Hip

Reducing fall hazards is a responsibility shared by both public and private property owners. Injuries at public properties can be prevented. Proper housekeeping in walking areas is important for fall prevention. Keeping paths obstacle-free is a big step toward minimizing slips and trips. Adequate lighting is another contributing factor for safety in avoiding fall injuries. Temporary vision problems can happen when you move from a light to dark area. A person can easily slip on a liquid spill or trip over an obstacle if their vision is hampered. Using slip-resistant materials on stairs and ramps is another way to help prevent someone from a slip, trip or fall injury.

If you or a loved one has experienced a slip, trip or fall, make sure you seek medical attention as soon as possible. If you suffer injuries and are seeking compensation and medical reimbursement, consult a personal injury attorney.

This article is brought to you by the Sacramento personal injury law firm Teal Montgomery & Henderson. Sphere: Related Content

What to Bring when you Meet an Accident Attorney

When you meet with the attorney for the initial consultation of your NYC accident injury case it is important that you come prepared. If you are proactive and keep your attorney up to date, your NYC accident litigation will be less nerve-racking and meetings with your attorney will be more efficient. The following is a list of documents you should provide to your NYC accident attorney at your free initial consultation.

• Police reports
• Hospital bills
• All your files regarding the other party and any relating correspondence
• All insurance policies
• Documentation relating to any product at issue; like purchase orders or receipts
• Tax returns and financial statements
• Canceled checks and bills or invoices
• Files from previous litigation
• Files from previous attorneys

In NYC, it is important to be prepared to discuss your financial and personal circumstances with your attorney as they might affect the accident lawsuit. It is also important to stay in constant communication throughout the proceedings so that your attorney is apprised of your situation. In many cases a simple omission could make a significant impact to your accident case so be careful to follow the advice of doctors as well as your attorney and any authorities involved in your case.

This article was provided courtesy of the NYC accident lawyers at the Jacob Fuchsberg Law Firm. Sphere: Related Content

Can Grandparents Sue for Custody?

Can grandparents sue for custody in Texas? The short answer is, “Yes,” but the burden of proof rests on the grandparents and is not easy to establish. The types of rights for which grandparents may sue are custody and visitation.

Custody Rights

Custody rights are the legal rights and obligations with respect to assuming the full-time parenting and raising of minor children, usually defined as children under the age of eighteen. If parents are deemed to be a danger to their child, for example, or are not willing to voluntarily surrender custody to the grandparents, the court may make a ruling based on the best interests of the child. Typically, grandparents are allowed to petition the court for custody if the child has already lived with them for at least six months and they file within 90 days of the date the child moved out of their home.

While it is unusual for grandparents to be awarded custody over one or both parents, the grandparents may sue for primary or sole physical custody of the child if there is an emergency situation that threatens the health and safety of the child or they have evidence that the child would be better off living with them than the parents. Some situations that may prompt grandparents to sue for custody include:

• The parents are themselves underage
• Neither parent can afford to support the child
• Both parents have a documented history of abusing or neglecting the child
• The parents voluntarily choose to give custody of their child to the grandparents

Visitation Rights

Visitation involves a court-established schedule of days and times that the grandchildren are to spend with their grandparents. In some states, like Texas, the law does not provide grandparents with automatic visitation rights, but they can be granted access if the court is petitioned, neither parent objects, and there is no reason to believe that such visits would be detrimental to the child’s physical, mental, or emotional health and well-being.

If you are a grandparent and believe that it would be in your grandchild’s best interests to have regular visits from you, or even move in with you on a full-time basis, you should contact an attorney with experience in family law. Be prepared – you may be facing quite a challenge when it comes to gaining custody of your grandchildren and will need all the legal advice you can get.

Article provided courtesy of Robert Reid McInvale, a Child Custody Attorney in Houston. Sphere: Related Content

Understanding Different Types of Bankruptcy

Bankruptcy is the possibility, under federal law, for an individual or business entity to liquidate debts, eliminate debts, or work out a payment plan to pay some or all of their debts over a period of time. Bankruptcy contemplates the meeting of debtor (the person who or entity which files for bankruptcy) and creditors under the structure of the bankruptcy laws to give the debtor the opportunity to obtain a “fresh start” without the overwhelming pressure of pre-existing debt.

Businesses may file for bankruptcy with one of two options for emerging from bankruptcy. The first is liquidation, a winding up and closing of the business. In that case, all of the assets and liabilities of the debtor (the entity that files for bankruptcy) are listed, and with the filing of the petition for bankruptcy, all creditors are informed of the filing as well as the total assets and liabilities of the debtor. At the end of the liquidation process, the debtor is no longer in business. The other type of bankruptcy for businesses contemplates reorganization. At the end of the reorganization process in the bankruptcy court, the business emerges to continue operations.

For individuals, the bankruptcy process provides the “honest but unfortunate debtor” with the opportunity for a fresh start. Under Chapter 7 of the Bankruptcy Code, individual debtors who qualify under the “means test” set forth in the Code may discharge certain debts. The debts are paid from the proceeds of a sale of certain types of property (“non-exempt” property) by to a trustee appointed by the Bankruptcy Court. Some debts, such as criminal fines or child support, may not be discharged.

Individuals may also file for bankruptcy under Chapter 13, which provides the opportunity to restructure debt and extend payment terms over a period of years. It is important to note that while Chapter 11 will operate to stop a foreclosure, Chapter 7 does not.

The bankruptcy laws are complex, and filing for bankruptcy has ramifications that must be considered prior to filing. If you contemplate filing for bankruptcy, contact an attorney.

Information provided courtesy of the Long Beach Bankruptcy Attorneys at Claveran Law Firm Sphere: Related Content

Good Practices When Preparing for Divorce

When couples have reached the point of a divorce, separation for an extended period of time has come and gone. All the resources available to couples in a troubled marriage should have been used, including seeking the advice of a marriage counselor.

Before a divorce proceeding takes place, property division is a necessity. Usually when a couple goes through a separation period, the property has either been discussed or divided between the two spouses. In the cases where children are involved, separation requires soon-to-be divorced parents to discuss with their children where they should live and what the custody and visitation rights could be after the divorce settlement. When all the decisions that can be made during a separation are concluded, then it is time to consult a law firm in the state your reside, for instance a Houston Family Law Attorney in Texas .

A period of separation can be used to resolve any financial matters before going ahead with a divorce. You need to do this because, if your ex-spouse defaults on any financial obligations in the future, you need to protect yourself against their creditors. When producing your finances to the attorney, make a list of all assets and liabilities that are currently held. All joint accounts should be transferred into your name only; this includes credit cards also.

When a couple seeks a divorce, separation requires them to begin the process of dividing up their lives as husband and wife. It can be difficult to figure out who will take particular pieces of property or who will reside in the marital residence. What can be more harrowing is involving children in the process of custody and visitation. No matter how one looks at the matter, separation can be as daunting a task as the entire divorce process. Sphere: Related Content

Filing Class Action Suit Against Debt Collectors

In California, debt collection companies do not have to register for a license nor are they subject to state financial regulators. In other states they do. As a result, there is nothing to prevent a debt collection company from setting up operations in California or in states with like arrangements and to engage in unscrupulous collection tactics without concern for any consequence from a governing agency or board. They are however, subject to the Fair Debt Collection Practices Act (FDCPA) and can be sued by the individual consumer who has been subject to their abuses. The consumer can also report them to the state Attorney General’s office, and with enough reports on file, action may be taken by the Attorney General’s office.

The individual consumer can stop an abusive debt collector dead in their tracks with an attorney well versed in the Fair Debt Collection Practices Act. If a collection agency has policy and practices across the boards that violate consumer rights under the FDCPA, and given the right circumstances, a California class action lawsuit can be brought against that company which can have the net effect of putting it out of business all together.

No one can stop these vicious, abusive debt collectors unless the abused consumer reports thes abuse to a consumer advocate who focuses on Fair Debt Collection Practices claims.

Once these abusive debt collection agencies have been forced to close their doors, they can open up again the very next day. This is basically true of any business that has been incorporated, or formed as a limited liability company. The same executives that operated a scandalous collection agency can turn around and form a new company and begin all over again. If they were required to be licensed, their history as collectors would no doubt come into play as the state was deciding whether or not to allow to them to open for new business. Sphere: Related Content