Divorce is often a painful process that takes an emotional toll on those involved. Regardless of the emotional state of the parties concerned, however, divorce proceedings require objectivity, especially as regards the legal details surrounding the procedure. With the dissolution of the marriage, other issues also need to be settled, including property division, spousal support, and child custody. This is where the services of a divorce lawyer are most valuable.
A divorce lawyer can advise clients on the possible ways a judge may divide the couple’s property, and can document the property settlement on the client’s behalf. The lawyer can also provide counsel on a spouse’s rights and responsibilities over the couple’s children, and the amount of spousal support a client may expect to pay or receive.
Hiring a lawyer is not a legal requirement for divorce as one can opt for self representation. However, without a lawyer, it is easier to make mistakes which might be costly to rectify. In addition, if one party is represented by a lawyer and the other is not, the latter might be put at a disadvantage, especially when they do not fully understand their legal rights.
In the state of California, divorce lawyers are called family law attorneys. Those who do not wish to be represented by a lawyer throughout the entire proceedings may instead choose to work with a consulting attorney who is willing to work with clients on a limited basis.
In a period of economic uncertainty, being employed certainly provides a sense of security. It gives you the means to provide for your needs and that of your family. However, this stability can be shattered in an instant when you suddenly find yourself terminated from a job you’ve held for quite some time.
The law seeks to uphold the rights of both employers and employees. Sometimes, though, it is in the interpretation of these rights when disagreements arise between opposing parties. Employers may insist on their prerogative to fire employees for whatever reason they see fit. On the other hand, employees can contend that their rights have been violated in the process.
In such situations, an employment attorney who’s experienced to represent both sides can enter the picture to resolve the conflict. Employees who are not particularly well versed on legal matters will need lawyers who can enforce the relevant legal provisions under employment laws.
Although some cases will inevitably have to be settled in court, employment lawyers may try to convince both parties to settle amicably. It would surely be less expensive for both parties if a fair settlement can be forged outside the court. In any case, plaintiffs will need the services of a capable employment lawyer to shed light on employment issues and protect one’s rights.
America is perhaps infamously characterized as a nation of lawsuits; in fact, a recent study by Statistics Brain reveals that civil lawsuits cost the US economy a whopping $233 billion annually, or roughly about $809 per American. Statistically speaking, that’s a whole lot of people trying to file lawsuits left and right. Some of the most common lawsuits in the United States are the kind that revolve around business litigation.
Business litigation refers to the portion of the law that deals with conflict between a litigant company (or manufacturer) and a complainant. Lawsuits filed against corporations can arise for various reasons. Some are filed due to contract disputes, while others have to do with malpractice. Consumers who feel that their products are defective may file a lawsuit classified under business litigation, and even those claiming a company stole their intellectual property can throw in their lot.
Litigant corporations are entitled to a lawyer, the same way suspects are allowed attorneys. The principle of “innocent until proven guilty” still plays in a business litigation court, however, and both sides will have to present their cases before the judge and jury. A settlement can be reached outside of court if both parties can reach an agreement. Ultimately, the field of business litigation proves that no one is above the law.
With all the complexities related to the management of a business, you may, at some point, face certain legal issues or situations that require a business attorney’s assistance. Whether you’re planning to acquire another company or propose a special allocation, a business attorney can provide the necessary expertise to keep legal complications at bay. Here are three things you should remember when looking for a business attorney.
A general lawyer may not be the right person for the job when you’re faced with complicated corporate law issues. Luckily, lawyers who specialize in business law can perform the legal obligations you require. You might want to hire a business attorney with at least five years of experience and a considerable number of courtroom victories.
The adage “two heads are better than one” always applies when looking for a professional like a business attorney. Personal recommendations from trusted industry peers may help you find the ideal lawyer. Seek referrals from those who have been through the situation you are in now so you can hone in on lawyers with relevant experience.
Finally, check the business attorney’s personal and professional background. Inquire about the cases he’s handled previously and how satisfied previous clients were with his services. Ultimately, you’ll also need to gauge how comfortable you are with a prospective lawyer.
Divorce is the legal way of severing ties that bind a husband and wife. Divorce laws vary in the United States, as legislation is a state rather than federal jurisdiction. Divorce is an often complicated process that involves issues like child custody and support, the division of marital assets, and spousal support. Moreover, there are three types of divorce that almost all states recognize.
The first type is the fault and no-fault divorce. Fault divorces are filed when one or both spouses is guilty of wrongdoing like adultery, desertion, physical or mental cruelty, and incurable insanity, among others. These are called “grounds for divorce”. No-fault divorces, on the other hand, as its name suggests, takes place when neither the husband nor the wife is responsible for the marriage’s failure. Reason often cited for the relationship’s dissolution include “irreconcilable differences.”
The second type of divorce is contested and uncontested. A contested divorce is filed in a court of law when either spouse disagrees with issues contained in the divorce agreements. Uncontested divorce, meanwhile, has either partner not responding to the other’s claims for alimony, child support, or the separation of assets. The third is simplified divorce. Basically, in this type of divorce, the couple mutually desires to part ways through an amicable division of assets and the settlement of other issues.
With a working population of over 155.5 million people, it’s no wonder that labor laws in the U.S. are strictly monitored and enforced. However, there are times when problems in the workplace can’t be avoided. If an employee’s rights are violated and employment contracts are breached, legal action may be necessary to bring things back to normal. This is the time when you’ll have to depend on the skills and knowledge of an employment attorney who will see to it that you get the compensation and justice you deserve.
Choosing an employment lawyer will require you to do considerable research. To find the best ones in the field, you’ll need to check out local lawyer directories, legal clinics, and even consult organizations, which focuses on workplace rights and labor laws, for lawyer referrals. Once you have your list of prospective lawyers, remember to compare them based on level of expertise and years of experience. Ask questions about how they plan to handle your case. See to it that you opt for a lawyer whom you also feel comfortable with.
Your success in making a claim or getting a fair settlement doesn’t only depend on the amount of proof or supporting documents that you have. In the end, the success of your case could hinge on how well your lawyer presents your case. Choose a legal representative who shows genuine concern for your plight.
In a case that involves a dispute between you and your business partner, it is critical to have an understanding of the basic issues it brings up. Although business cases often involve complex problems requiring intricate solutions, you won’t arrive at the right course of action if you don’t start with the basics. Here are two things you need to do should a dispute with your business partner arise.
Get access to the books and records of the business.
You need to spell out in your bylaws, resolutions, and other forms of legal and formal agreements your rights to obtain company records. Conversely, inspection rights for company books and records are afforded by statutory law. At the least, you should have access to profit and loss statements, income statements, or trial balances.
Identify all sources where records are stored
You need to identify where paper or electronic documents might exist including storage facilities, company servers, or third party sites. Once you identify these locations, preserve this information so you have it in usable form in the event of a business dispute or lawsuit. Should a lawsuit ensue, you need to act quickly to subpoena records from third party providers before they are destroyed or deleted.
Above all else, don’t forget to seek help from professionals. Different professionals from different industries including attorneys, private investigators, IT experts, and accountants can provide assistance in most business disputes and lawsuits. Consider a consultation with such professionals to address your concerns.