What to Do when Preparing for Divorce

Divorce agreement paperwork being signedA divorce lawyer will give you proper legal advice and will represent you in court. Unfortunately, the lawyer who served as the mediator during the mediation process cannot represent you or your partner in a divorce trial. You may want to get referrals from family and friends when looking for a divorce attorney. The Burnham Law Firm, P.C. recommends consulting with divorce attorney in Denver.

Do Research

Divorce is common nowadays but many do not understand the process as it is complicated and involves different aspects of family law. It is best to start preparing by doing research on it. You can read articles online or see a divorce attorney. It also helps to take notes on important things such as documents to prepare.

Prepare All Documents

Prepare all the documents you need even before the divorce process takes place. This includes financial records like credit cards and bank accounts statements, retirement records, insurance policies, and pay stubs. You should also make a list of all the assets and debts attained during the marriage, as well as you and your partner’s income and expenses.

Be Financially Ready

Divorce is a long, demanding, and expensive process. You have to be financially ready for it. Make sure you have a steady source of income beforehand.

Be Emotionally Prepared

Divorce is emotionally stressful. Understand the healing process and its five stages – denial, anger, bargaining, depression, and acceptance. It may help talk to a divorce therapist. You can also open up to family members and friends about.

Divorce does not always mean failure. At times, it is the better thing to do than staying together. Regardless, you should prepare yourself for it. You have to know the ins and outs of the process and be financially, physically, and emotionally ready.

Untying the Knot: Setting Objectives in Divorce Settlement

divorce decree documentFiling for a divorce is not only about legally severing a marital tie with another person. There are other things to think about, such as your assets, finances, properties, and children. It’s likely that your life is going to be different during the process and after everything is finalized. This makes it important to have a clear idea of what you want to achieve in the settlement.

Striving to be Fair

Being realistic when setting your objectives is advisable. Keep in mind that when your case goes to court, the judge will strive to be fair to both parties. You cannot expect the judge to favor one spouse unless there’s a valid reason for doing so. Matthewsfamilylawyers.com and other family law attorneys note that the court will look at each party’s needs to continue with their lives and focus on the best interest of kids.

No Blaming

Remember that the court is also not interested why the two of you broke up or who is to blame. It’s easy to believe that you deserve more because of your ex’s mistakes and behavior. If the court will handle the case, they would take an unbiased view of the situation, particularly if kids are involved. They will also consider your current and future needs.

Clarity Matters

Being clear about your objectives and minimize further conflicts and misunderstanding. This will help your lawyer understand what you are looking and want to achieve. You also need to agree with your attorney on how to approach decisions in the divorce process. If there’s something that matters to you but isn’t financially significant, make sure that your lawyer knows about it.

When setting your objectives and making decisions, it is best to listen to what your lawyer is telling you. Keep in mind that they’re experts in divorce law and its processes. If your lawyer thinks that you are being unreasonable or unrealistic, be sure to value that advice. Experienced and reliable lawyers have your interests at heart.

What You Need to Know About Your Property’s Ownership Transfer

Modern houseTransferring your property to another party may sound like a daunting task for any homeowner. By learning what the process entails, however, you can save yourself the trouble of running into any delays or unforeseen problems. A conveyancing lawyer in Townsville explains some of the things that you have to keep in mind.

When do you need to transfer your property?

There are five common reasons to transfer your property, which include divorce and fulfilling a will or an inheritance. Other practical purposes are saving up on taxes and protecting one’s assets. Another common, albeit obvious reason, is when you want to sell your old home and eventually have to transfer the title to the buyer.

How much money do you have to prepare?

There are three types of charges that property owners should be concerned about when transferring their real estate. First is the capital gains tax, which is based on the current market value of the property. Next is valuation, which is essentially the appraised value of the property. Stamp duty is also another concern, although the buyer usually shoulders it.

Apart from completing the financial requirements to pursue the transfer, it is important to keep yourself abreast of new laws concerning the property transfer. An example is a new policy referred to as the VOI or verification of identity policy, which now requires buyers to do a face-to-face verification process to prevent fraud.

A number of laws govern changing a property’s ownership, and there are taxes and other miscellaneous costs to bear in mind. However, being informed could save you from unnecessary costs and wasting your efforts. A law firm specialising in real estate law would be able to assist you in making the process as smooth as possible.

Dealing with Unauthorised Traveller Caravans: Exercise your Rights as a Landowner

Aerial view on slum locationHaving squatters on a property is something that every landowner dreads. Managing a vast property and its tenants is difficult enough; contending with trespassers and squatters is an additional headache. Landowners would naturally want to make the most of their property and rent them to paying tenants or develop their land for commercial purposes, after all. The presence of unauthorised traveller caravans hinders these plans.

For this reason, many landowners are apprehensive about squatters in commercial spaces like parking lots and vacant lots.

A Landowner’s Responsibility

Traveller caravans normally stay in place for a short period only, choosing instead to move from one campsite to another. Sometimes, though, authorised campsites are too far away, and travellers have to set-up camp in privately-owned land. If they overstay their welcome, landowners have the right to evict them from the property.

This is the ‘landowner’s responsibility’, the right of the owner to initiate dialogue or action to get squatters off his or her property. Landowners may also file a civil eviction procedure under Part 55: Possession Claims.

The Unorthodox Method: Welcoming Traveller Caravans

Confronting and removing travellers with hostility and force could be dangerous. MS Webb & Co., an established bailiff and consultancy company in Surrey, agrees. Although a swift eviction is desirable, handling the situation with sensitivity is also important.

Therefore, it’s best to be diplomatic and civil when dealing with squatters. In many cases, speaking with a caravan produces good results: they would only stay long enough to prepare for the next leg of their journey. Landowners and travellers just need to work out between themselves how long one party is welcome on the property of the other.

By Way of Court or through Personal Initiative?

If diplomacy and personal initiatives don’t work, however, and travellers begin to show signs that they intend to stay as long-term squatters, landowners can file for Possession Claims or hire a bailiff and security consultancy firm for assistance. Either process can produce the same outcome, only a bailiff company will take most of the work off the landowners’ hands.

After a Dog Attack: Prepare to File a Claim

German Shepherd dog being trained

German Shepherd dog being trainedDogs are man’s best friends. However, no matter how much people love them, they may still attack after being provoked or while trying to defend their territory. Ignoring dangerous dog warning signs can also lead to them turning vicious. Below is a legal overview for seeking legal recourse after being attacked by a dog.

What to do After a Dog Attack

It is very important to seek medical attention after being bitten by a dog. Untreated animal bites can lead to severe infections and even death. Prepare all your medical documents as they may come in handy when you are looking to file a claim. You will also want to consult with a personal injury lawyer such as the Law Office of Paul R. Bennett. They will guide you on how to recover damages and also assist you throughout the court proceedings.

Owner Liability

The first step in establishing liability after a dog attack is finding the owner. Most laws in American states assume that the dog owner is responsible for the animal attack, placing the burden to prove otherwise on the owners. Under this rule, the owner is to be held liable whether or not they are aware that the dog posed any danger. In some states, the animal owner can be held accountable for the attack if they had reason to believe that the dog would go rogue. However, establishing liability on the owner of the animal is not always easy. This is why you need adequate legal assistance in determining whether they are aware that their dog could cause harm.

Potential Defenses

The dog owner may not be held accountable for the attack in some cases.  If the owner put up signs to warn that the animals were dangerous and kept them out of reach, they may not be held liable for the attack. If you climbed over a wall and got attacked by a dog, the jury will not hold the owners responsible. Seeking medical attention after an animal attack is strongly advised.

Sometimes, even the best behaved dogs can turn violent and inflict harm on people. You have to know what to do and be prepared when an animal attacks.

3 Personalities That Make a Great New York Lawyer

A lawyer in his officeThe New York State Bar Association has about 72,000 members with about 66 percent male and 33 percent female. If you are looking for lawyers in New York, here are some of the qualities that you should be looking for.

1. Great Communication Skills

Excellent communication skills, both written and verbal, is one of the top prerequisites of being a lawyer. One should be able to communicate himself or herself efficiently. Good lawyers should also have exceptional public speaking skills. If you’re meeting a lawyer for the first time, focus on his or her communication skills. A capable lawyer should be able to express himself clearly and persuasively.

2.  Effective People Skills

If you think that being a lawyer is simply about learning about the law and how to use them, you’re wrong. It’s mostly about dealing with people and how the law can affect people’s lives. This is why an effective lawyer must have good people skills. Excellent New York lawyers like Marc J. Bern & Partners will be able to read other people, gauging their reactions. Persuasiveness also allows a lawyer to negotiate better.

3. Attention to Detail

Having an eagle eye for details is one of the top skills a lawyer should have. This could mean the difference between life and death to some. One small mistake can make or break the life of one person or an entire family. So look for a lawyer who pays great attention to details.

Hiring Lawyers

Take your time in looking for a lawyer. Remember, you need to have a legal partner whom you can trust. It won’t be easy, so do your research and ask for referrals to start your search. You can also search online for the top lawyers in New York City if you don’t want to ask your friends and family for referrals.

Class Action Mediation: The Overview and Experience

A lawsuit form being filled outYou well know how that cases that require class action mediations present high degrees of difficulty. The complexity of their technical nature arises from a large number of underlying legal cases and claimants.

The discovery and claims processes add to that, as do settlement administration, dealing with objections, awarding fees and handling other procedural matters.

It is in that regard that you will find it helpful to work with lawyers that offer alternative dispute resolution services so that you can benefit from the strategies they use.

The Overview

There are different legal areas from which CA mediations would arise. The most common among these include in commercial business, employment, banking and insurance, and instances of product liability.

These cases necessitate mediators to have schooled in the particular issues, to be able to represent the conflicting parties appropriately without bias.

Attorneys need to also be well-versed in these issues to better represent their claimants and defendants while still factoring in the mediator's perspective.

The Experience

Ideally, it will need you to engage well-trained and experienced CA mediators that understand the importance of remaining neutral during the entire mediation process. Doing this helps them articulate the strength and weakness of each case more accurately and creatively.

The mediator will then evaluate the likely outcomes so that he or she can fashion the most reasonable settlement strategy that will best address all interests of the feuding parties.

One significant importance of using class action mediation is that you will have high chances of the court approving your case settlement quite fast after the fairness hearing. However, as you well know, not every other lawyer can assure you proper representation.

Consider reputation, industry experience, specialty training, recommended certification, and excellent listening and communication skills to find the best lawyers in town.

Are You Looking For an Employment Mediator? Consider These First

a businessman shaking hands with a employee mediatorIt is quite unfortunate that most people do not do thorough research before hiring employment mediators, as well as other lawyers. They just take other people’s word for it.

This should not be the case. You need to be careful to ensure that you are getting the services you deserve. Littleton Alternative Dispute Resolution, Inc. suggests that you consider the following when hiring an employment mediator:

Past Achievements

There is no surety for a professionally handled legal matter than considering how your lawyer has been performing since he or she started practicing law. That will give you a more confident direction of how your case will end up. While an invariably positive trend would indicate some level of prowess, you will find it better to work with an attorney who has an exponential growth curve.

Such a trend is a clear indication that there are matters the lawyer has been mastering along the way to hone their skills in the practice.

Attention to Detail

Consider the attorney’s reputation in terms of dealing with clients. It is from this that you will get the most precise picture of how much the lawyer values communication and how keen he or she is in recording every detail of your case. Focus and attention to detail mean the difference between getting a positive outcome and losing the case.

Years of Experience

You should also check how long the attorney has been in practice. The longer, the better, as this means he or she has mastered the most critical areas that guarantee a win for the client. Experience also helps in the mastery of trends in the industry. Check if your lawyer can even project how the future of his or her practice could be.

These are the important elements of every selection process. Sticking to a single reputable employment mediator will give you higher chances of proper representation as he or she gets to master the uniqueness of your company’s employment processes.

3 Most Important Questions to Ask Before Getting a Divorce

wife and husband doodles in divorce process concept broken relationshipsThe first few months or years of your marriage is usually filled with excitement. You and your partner could be looking forward to buying your first home or having a baby. But things start to change later on and before you know it, you find yourself arguing frequently with your partner. And one day, you wake up and realize that you’re no longer happy.

According to the American Psychological Association, about 40-50% of married couples in the US end up in divorce. Irreconcilable differences and falling out of love are just some of the reasons couples decide to split. If you’re in a difficult situation and thinking about divorce, don’t make an overnight decision. Remember that it takes days to process and evaluate because the decision will greatly affect you and your entire family.

The Burnham Law Firm, P.C. notes that one of the first things you should do is consult with divorce lawyers in Boulder. This way, you will know your rights and be familiar with the legal process. Once you’re clear with the legalities, ask yourself these questions before making a final decision:

Do you still love your partner?

Some people keep thinking that they still love their partner, but what they really feel is pity disguised as love. But if you feel genuine love for your partner, you may have to think twice before letting go because you can’t lose someone you deeply care about.

Are you getting a divorce out of spite?

If you want to cut the marriage just because of your pride or resentment, you better pull over and meditate. Give yourself time to heal before saying the final word.

Can you handle the consequences?

Just imagine being severed from a person whom you’ve been with for years. Your life will change and everything from your work to your sanity will be affected. It may be temporary, but ask yourself if it’ll be all worth it in the end.

Getting divorced is a big decision, which is why you need to be careful. Use all the help you can get to understand the situation and learn about your legal options.

How to Expunge Criminal Record in New York

Lawyer reading the expunged criminal caseHaving a criminal record is not good. Even if you only committed a minor offense, such as shoplifting, you have a permanent black mark on your public record. This can affect your chances of finding a job, getting a loan, or qualifying for affordable housing.

Unfortunately, New York does not allow expungement. If you committed a crime in New York, the next best thing is to seal the records. NY Sealing Law notes that sealing the record is almost as good as expunging it because it is no longer public record. You also do not have to tell employers about it. Here is how to expunge criminal record in New York.

Recent development

Before October 2017, New York only allowed sealing of juvenile and minor crimes, such as trespassing, and crimes that did not end in a conviction. Felonies and other serious crimes are not seal-able. However, New York passed a new law that now allows more crimes to be seal-able. You can seal up to two crimes, one of which can be a felony. Sex offenses and violent crimes are not included. You have to wait ten years before you can seal the records, though.

Before sealing

The first thing you have to do is consult with a criminal lawyer. The expungement laws of New York are complicated. A lawyer can explain them to you. For example, you may have two or more convictions that were part of one action, so the law considers it as one conviction. Your lawyer will also advise you on what crimes are eligible for sealing and special cases that may apply to you. Finally, it is better if your lawyer drafts your sworn statement to convince the court to grant the seal order.

Process

The application for sealing a record is simple. You have to go to the court where you received your conviction. Then, get a copy of your criminal record and an official disposition slip. Mail the slip together with your sworn statement of reason for sealing the record to the Division of Criminal Justice Services Sealed Records. If approved, you should have your records sealed in about 12 weeks.

Sealing or expunging a criminal record in New York has important consequences for you. If your criminal record is seal-able, you should do it as soon as possible with the help of a criminal lawyer.