How a Divorce Lawyer Assists Clients

If you and your spouse have come to the final decision that you want separation then you want a best divorce lawyer by your side to help and protect you. Its bit difficult to find best lawyer for your situation, but a research will ensure that you have found the best one. Aspects like child custody agreement, alimony and distribution of martial property and many other aspects of divorce; to get them legally you need to hire a best divorce lawyer that can find a way out for your rights. There may be a situation where either or both parties are agreed on divorce, to analysis the situation and bring the case under your favor you need absolutely one of the best divorce lawyer.

Divorce lawyers can provide you with more than just judicial proceeding; they can provide you with emotional and spiritual support in such a trying time in your life. They can also provide you with complete knowledge of situation, in order to come up with the best possible solution and resolution for your divorce case. Nevertheless, its not possible to do it inclusively, because of the extensive divorce laws on the books. Therefore, its crucial to hire a best divorce lawyer that you can find, because you deserve to have your rights, privileges as well as your children and property protected during a divorce.

The first thing done by the divorce lawyer is to provide you with the separation agreement including division of your assets, spousal support and more until a final decision is made. This also includes household assets, matrimonial home, pension plans, children custody, insurance, monthly expenditure and many more. Divorce is so complicated; you need to associate with one of the best divorce lawyer, to help you to turn up with the positive & favorable result. Its not only matter of getting separate with your spouse; divorce is very complex and complicated issues under law, and the best divorce lawyer will be able to help you in understanding the laws, how they work, why they work and much related aspects. Divorce includes much more complex aspects, particularly in case of you own extensive property together, and there are large sums of money involved and more. However, for all such rights of yours you need to find the best divorce lawyer as soon as possible to ensure all your rights are protected and finance too.

Even though your divorce lawyer will not be able to help you to overcome with emotional impact of divorce, they will be able to assist you in the financial impact. For this reason, you want to find the best divorce lawyer that you can, because trying to file for divorce without a lawyer will bring the end in your spouses favor, not yours.

Divorce Property Settlement Myths

What are the most common divorce property settlement myths? Many of them are perpetuated by real-life stories where the context is not clear or the facts have been manipulated. Many couples get incorrect information from friends about how the Family Law Court works who arent themselves sure about what the law actually says. What are some of those property settlement myths?

There were 48,517 divorces granted in Australia in 2015. Thats a lot of people who are affected by family breakup. Divorce is a time of great emotional strain and often physical upheaval. The care of children needs to be worked out, as well as how assets will be divided. This gut-wrenching time is made worse by misinformation. Dispelling some of these property settlement myths can help to ease what is already a difficult time and bring clarity and calm.

Property Settlement Myths: Divorce needs to be finalised before you can divide your assets.
This is not the case. You can start dividing up your property when you both agree to separate. You dont need to have the divorce papers to do it. In fact, its wise to start the negotiation of property division soon after separation. A divorce or property settlement can be agreed upon anytime after separation and you dont have to have a lawyer to do it for you, although it is a good idea to involve one. Family lawyers know what is a fair settlement and can help guide you through the process, giving you confidence that an outcome is being worked out by a professional with a thorough knowledge of the law. And because a family lawyer knows the law, theyll include things that you may not even have considered. This is one of the most common property settlement myths.

Property Settlement Myths: You have to go to court for a divorce property settlement.
No. You really dont.

If you cant work out a divorce settlement through the help of a lawyer and mediation, then the matter will need to go to court. New research on divorce and relationship breakdown shows a majority of separating or divorcing parents in Australia can divide up property without having to go to court and are reasonably happy with the outcome. The Australian Institute of Family Studies report shows nearly half of parents 43 per cent were able to reach agreement on the division of property and assets within a year of ending their relationship. However, when the couple had more wealth to divide the settlement time tends to blow out, with 40 per cent of couples with more than $500,000 in assets taking more than two years to finalise an agreement.

Senior research fellow at the Australian Institute of Family Studies, Dr Rae Aspire, said the study is largely a good news result. The five-year study of 9000 separated parents found the average value of assets at separation is $202,900, including those who had no assets or debts. Dr Aspire said parents across all income levels had generally been able to come to an agreement, with 39 per cent of settlements achieved through discussions and 18.8 per cent “just happening” without specific action. Only 7.1 per cent went to court and 4.2 per cent went to mediation.

Property Settlement Myths: Property that I brought into the marriage is mine to take out of it.
Another of the most common property settlement myths is that if you brought an asset into the relationship, its yours to take out of the relationship. The Family Law Courts consider how property is to be divided according to the Family Law Act. When deciding on the property settlement, there are a number of factors to be considered including the length of the relationship, the financial contributions made by both parties, non- financial contributions, the parties individual incomes and potential to earn an income, the cost of care for any children of the relationship as well as the health of the parties. Its not based only on assets contributed.

In a shorter marriage the court may decide that each party can take away what they brought in, but each case is different and there is no set formula. If the marriage is of a longer duration, then the non-financial contributions of a spouse are more likely to be considered as part of the bigger picture of working out how property is divided fairly.

In a recent UK divorce settlement ruling, a wife who made millions as an energy trader was told by a judge that she could not keep half of her fortune from being awarded to her husband following her divorce just because she was a woman. Julie Sharp, 44, offered him 1.2m, which she said would cover his needs. Instead the judge ruled that he should receive 2,737,000, half of the couples “matrimonial pot”. Her lawyers say that dividing her assets equally with her ex-husband was unfair because they had had a “short, childless, dual career marriage.”

Property Settlement Myths: Its my spouses fault that were getting divorce so they will get less.
Australia has a no-fault divorce law. Adultery and desertion are not punished by the court through a divorce property settlement. The reason for the divorce is irrelevant in the eyes of the court. Only if the behaviour is at all relevant to the fair settlement of assets will the court take it into account. If one of the parties squanders marital assets through gambling or destruction of property then this is called asset dissipation. This is where one party intentionally squanders or uses up marital assets. The court is likely to make an adjustment in favour of the other party in the case of asset dissipation.

Property Settlement Myths: The settlement will be 50/50.
There is no set rule about how assets will be divided. It may be that the court decides for the settlement to be 50/50 or that a separated couple come to their own agreement for this, but there is not a rule that determines this needs to be so. A couple may decide on a 65/35 split if one has the children living with them for the majority of the time and their capacity for earning is less. Each case is different. Some of the factors that will be taken into account about how to divide the property include:

The length of the de-facto or marriage relationship;
The financial contributions of each person;
The non-financial contributions of each person; and
The current and future needs of each person (including any minor children who need to be considered).

Finding a Denver Personal Injury Lawyer

Before you can make a decision as to whether or not you should hire a personal injury attorney / lawyer, you first have to know what a personal injury case is.

Most people think that a personal injury claim is a car or motor vehicle accident claim. While an injury sustained in an automobile accident where another was at fault would be a personal injury claim, there are many other matters that also fall under that heading.

A personal injury attorney / lawyer handles matters where there has been a personal injury, either physical or emotional, which was caused by the negligence of another. If there was no negligence then there is no case. There must be negligence, whether intentional or unintentional, on the part of another, for a claim to be valid. In other words, you would have trouble making a case against your landlord, where you spilled water on your kitchen floor and then slipped and fell because of the water. However, if the landlord had failed to fix the plumbing under your sink and the water was on the floor because of leaky plumbing then you may, I say may, have a case. There are other variables that could come into play and you would need to seek the advice of a good personal injury attorney, in order to determin your rights.

There are many matters other than car accident matters that can many times be included under personal injury, IE: slips and falls, workplace accidents (after a workplace accident you may be covered under workers compensation or disability but you may also have a personal injury claim), injuries caused during a storm or power outage, airplane, bus and train crashes, construction accidents, fires, food poisoning, drug or vitamin overdoses, animal bites, getting beat up, robbed or otherwise injured inside or outside of a business, medical malpractice and even malpractice by an attorney.

There are many variables that can come into play in determining negligence and many times you may think that there was no negligence on the part of anyone when there actually was. I myself, know of a case where a party was struck by a car while riding a motorcycle and injured severely. He settled with the driver and the driver’s insurance company for the $100,000.00 maximum of the driver’s insurance policy.

This settlement did not even begin to cover his medical bills. Some time later, a personal injury attorney, while speaking with a member of the injured party’s family, found about the case and was asked to look into it for the family. The injured party was broke and paralyzed. The attorney did some checking and then agreed that, even though the man had accepted the settlement, there might still be a case. He then hired my detective agency and another to do further research.

Finally, he filed a law suit against the car driver, the drivers insurance company, the motorcycle manufacturer and others. I won’t go into the whole case, but suffice it to say that he went to trial and ended up obtaining a verdict against several of the parties, including the drivers insurance company and the motorcycle manufacturer, for several million dollars and the injured party is no longer broke. I might add that the attorney took the case on contingency and advanced, out of his own pocket, all of the expenses including court costs and investigation fees.

The point of the foregoing is that if you have been injured, you should seek the advice of a competent personal injury attorney even if you don’t think that there is anyone at fault. Only a good experienced personal injury attorney can attempt to make that determination.

Incomplete Records Can Become A Legal Problem by Mary Moran

Was the person who wrote the corporate minutes quoted above just a poor speller? Or was “duly” spelled “dully” to convey the idea that preparing corporate minutes is a bore?

Many people look upon corporate record keeping as an unimportant chore that can be postponed. It is not just ask a Seattle business lawyer. Shareholders and directors in private corporations who fail to keep all required corporate records are risking their personal assets home, car and investments to creditors of their corporation.

How could incomplete records bring such grief? Consider:

You are asked to produce your corporate minute book for a routine IRS audit and, because there is no documentation for loans taken from the corporation, the IRS characterizes the money as a dividend. You are required to pay additional taxes, interest, and a negligence penalty.
A lawsuit is brought against your corporation. The attorney on the other side subpoenas the corporate minute book and is able to convince the judge that, because the corporate records are deficient, the shareholders do not deserve the protection of the corporation.

It is easy to get into the habit of letting the corporate records get behind. You figure you can always catch up, but sometimes it is too late. For instance:

The shareholders never get around to adopting a shareholder agreement. Then one shareholder dies, and a long and costly legal struggle ensues with his heirs about the value of the stock.
You decide to sell the company. Suddenly, you discover that there is no documentation to prove that a former shareholder was bought out.

Such serious consequences can be avoided fairly easily. First, set up a corporate minute book where you keep, at a minimum, the following:

1.Articles of Incorporation (and any Articles of Amendment)
4.Agreements out of the ordinary course
5.Licenses and annual reports
6.Stock records

Second, make sure that the records are kept up to date in the following areas:

Articles of incorporation.The articles of incorporation should always be reviewed when changes are made in corporate structure, whether you change the number of directors or issue new stock. Changes in corporate statutes may require new or updated provisions. If changes are needed, Articles of Amendment must be filed with the Secretary of State.

Bylaws. Provisions in the corporation’s bylaws should also be reviewed and followed. When changing the annual meeting date or the number of directors, amendments to the bylaws may be required. (Note: A completely rewritten Washington Business Corporation Act went into effect July 1, 1990, and several major updates have occurred since then, so provisions in old bylaws may no longer be in compliance with state law.)

Minutes. Annual meetings of shareholders and directors should be held each year at the time set in your bylaws. If actual meetings are held, minutes should record the date, persons attending and resolutions adopted. Remember that the shareholders elect new directors and the directors elect officers. Shareholders can vote by proxy but directors cannot. If a shareholder or director misses the meeting and proper notice wasn’t given, that person must sign a waiver of notice or the meeting is not valid.

It is also possible to eliminate the need for actually holding a meeting by preparing a Consent in Lieu of Meeting which must be signed by all Shareholders and/or Directors, although less than unanimous consents by shareholders are possible if allowed in your Articles of Incorporation.

Actions that should be approved by directors include: shareholder loans, stock issuances, approval of major agreements, contributions to pension plans, officer salaries, adoption of fringe benefit plans and corporate banking or investment accounts opened. Amendments to Articles of Incorporation, sale of substantially all assets, mergers and dissolution must be approved by shareholders.

Annual Reports.Every year, on the anniversary of your incorporation, the corporation’s registered agent will receive an annual report which must be filled out and sent in on time to the Secretary of State with the correct fee. If it is not, your corporation will be administratively dissolved. It is not unusual to find people operating as a corporation although their corporation was administratively dissolved a long time ago. Under the law, such persons are individually, jointly and severally responsible for all actions of the corporation.

Agreements. Fully signed copies of employment agreements, shareholder agreements and any other major agreements to which the corporation is a party should be kept in the minute book.

Stock.It is very important to transfer stock carefully and to keep a stock transfer ledger.
For proper cancellation, a certificate must generally be signed off by the shareholder on the back or on an assignment separate from the certificate. When issuing stock, formalities must be addressed: securities laws, possible preemptive rights and the number of shares authorized.

While it may seem like a boring chore, the encouraging news is that a Seattle corporate lawyer can help you keep up the corporate records as you go along, which is a lot easier and less expensive than trying to recreate them later.

Proving a Defect Car Part Was Responsible for Your Car Accident

Sometimes car accidents are not the result of driver negligence. There are cases where the liability is with the manufacturer who failed to ensure a vehicle is safe before putting it in the hands of a customer. In such cases, the plaintiff must prove how the manufacturer failed and why they should be held responsible for the resulting accident.

— Automotive Defects Are More Common Than You May Think —
There are three kinds of defects that may affect automobile safety. The first is in design, with the vehicle being flawed even before it was built. Normal usage of a poorly designed vehicle can result in injury. A good example of this type of defect is a car in which the fuel line connections create potential for fire.

A second type of defect is in manufacturing. A manufacturing defect occurs when parts are not properly or well made. If the parts on a vehicle are not the right shape or size, they can fail to work or come loose and cause injury to the driver, occupants or other people on the roadways.

The third type of defect is a warning defect. This is a failure by the manufacturer to notify customers of a known vehicle danger. An example of this type of defect is when the manufacturer knows that a part has resulted in multiple accidents, injuries or death of customers and yet the manufacturer does not issue a recall of customers with that same type of vehicle known to contain the defect part.

— Overview of Vehicle Defects —
Safe operation of a vehicle can be disrupted by defective auto parts. Such defects may be electronic or mechanical. Even the software designed to keep drivers and passengers safe can be defective. A defective part may lead to accidents. When enough of these types of problems have been found in association with a particular car model, a recall is issued.

The National Highway Traffic Safety Administration requires manufacturers to issue recalls when parts do not meet safety standards. This is done to ensure future accidents do not occur due to the same known cause. Over 390 million cars and trucks have been recalled to date, with 66 million auto parts and 46 million tires being replaced due to defects.

Liability is determined when the defect affects people. Injury and death can result from a vehicle part that breaks, with manufacturers possibly being held liable for the accident damages.

— Damages Due to Defective Parts —
Vehicle defects often destroy cars and trucks from within, where the defects may not be perceptible by drivers. Defects can cause accidents affecting multiple people and property. Each defect can cost thousands of dollars in destruction with injuries to people that include broken bones, abrasions, contusions and minor injuries.

— Liability in Defective Parts —
It is up to the plaintiff in a personal injury case to prove auto defect resulted in an accident. Because these cases can be quite complex, plaintiffs usually enlist the help of an experienced personal injury lawyer. The lawyer may conduct an investigation to gain evidence of the defect that caused the accident.
For such a case to be successful in court, the plaintiff must prove that the defect caused or contributed to the accident. For manufacturer liability to be proven, the plaintiff must show that the defect originated from the manufacturing process or otherwise while the vehicle was in the hands of the manufacturer.

When a defect is proven to have existed while under the manufacturers control, damages to the plaintiff must have occurred for any financial liability on the part of the manufacturer. A personal injury lawyer will review case information, circumstances and documentation to establish proof of damages caused by the defect in whole or in part.

— Working with a Lawyer for a Defect Case —
When buying a vehicle, drivers entrust that the vehicle meets safety standards and that the quality of that vehicle will ensure safety of those using it. When accidents happen due to a defect, injuries may be inflicted on the driver, passengers and others on the road. Lives may even be lost.

There are many things that a lawyer may need from the accident victims during a case, such as cooperation in not tampering with the vehicle until an examiner can inspect it. Defective auto part cases are particularly sensitive in this realm because it must be proven that the defect was from the manufacturer and not as a result of tampering after the car was sold to the customer. Documentation that may be required can include vehicle purchase paperwork, service records, records of damage, personal medication lists from the driver, insurance transaction details and traffic analysis.

The difficulty of a defect case involves the knowledge and experience of a personal injury attorney. Such an attorney has the right awareness, investigations connections and resources for proving such a case, when a defect exists.

Why its Important to Choose a Lawyer that Specializes in your Type of Case

Toronto Injury Lawyers understand every aspect of their kind of law. They are experienced and have in depth knowledge to handle every case they come across. These lawyers have to be very thorough and engaging to their clients. With this being a relatively new area, more and more people are becoming bolder in pursuing these types of cases.

Many Toronto Injury Lawyers specialize in the types of injuries or cases which they pursue. They will not take cases they are not comfortable with. Therefore you want to ensure that the help of the lawyer you enlist, ties in to the injury that you have. You need to speak with them first, through a consultation, and find out what they specialize in. Do they seem busy and rush you? Do they have an organized and welcoming setting? Do they make you feel like you are the only client they have? All of this is very important.

You should first inform yourself about your case, and what the procedure may be and what you will need in a lawyer. This will make it easier to evaluate them. Some lawyers are more than happy to help educate you and walk you through the process. This is actually a great trait to look out for, because it shows that they care that you understand your case and are sufficiently informed.

There are various areas in personal injury law. There is auto accident injury claim which requires an auto accident lawyer. There is also workplace injury law so you will need a Workplace injury lawyer. They all essentially perform the same task but have the unique expertise to do it. You want a lawyer that can get you the maximum compensation for your injuries and expenses. They should be upfront, organized, thorough, and professional. If you have been hurt at work or in an accident you will need the best Toronto Injury Lawyer you can find.