Tag Archives: law

When Divorcing is for Your Children’s Best Interests

wife and husband doodles in divorce process concept broken relationshipsChildren, contrary to popular belief, are sensitive to their environment, especially at home. This means that they can quickly sense animosity between their parents and can detect anger, unhappiness, dissatisfaction, and other negative emotions — regardless of how hard their parents try to hide these. What’s more concerning, though, is that kids can grow up imitating what they see in adults, particularly their parents, and apply similar behaviors in their own future relationships.

All these bring to question one of the most common dilemmas in a divorce: Should they stick it out or push through with dissolving their marriage?

No abuse or violence, just unhappiness

Constant disagreements, angry fights, door slamming, voice raising, tearful nights — these are all common in an unhappy marriage. While there may be no abuse nor violence happening, the unhappy emotions will exude and make themselves apparent to your kids. Even when they’re too young to understand where these all stem from, they will feel it and it can place a huge toll on their emotional and psychological health.

In other words, it’s just as unhealthy for them as it’s unhealthy for you and your spouse to stay unhappily married — especially when the above-mentioned situations always take place.

Ending the marriage can make a huge difference to everyone’s well-being

Dissolving your marriage doesn’t mean the end of a great and happy childhood for your kids. Of course, you still want to make sure that you hire one of the more experienced divorce lawyers in Boulder, CO to prepare for possible custody disagreements.

As long as you and your spouse come to an agreement that your marriage has fallen down the lane, and that staying together will just lead to a never-ending cycle of fights, then a divorce may already be the wisest step to take.

 

Why Set Up a Family Trust: The Top 5 Benefits

Banking Savings Funds Planning Finance Money ConceptFamily trusts have been gaining steam these past years, and why not? It’s an entirely legal way to safeguard your assets for you and your loved ones. Your assets would be owned by the family trust instead of an individual and would be managed by trustees — whom you’ll appoint — for your beneficiaries. What other benefits could a family trust offer? Here are some of them:

  • Legal Asset Protection – You could use a family trust for protecting your assets in the event of a claim against you or if your business fails. You could hold real estate, your business, as well as other investments in your trust.
  • Protection Against Remarriage After Death of Your Spouse or Partner – Currently, the law allows even a de facto partner the right to claim assets even only after three years into the relationship. Having a family trust would safeguard your assets from failed remarriages or relationships following the death or a partner or spouse. This is especially useful in cases involving second marriages or relationships wherein one party isn’t the biological parent of the children.
  • Healthcare Safeguards – A well-structured trust, provided that it’s been established for a certain time could likewise protect family assets in the event of health breakdowns, especially later in life, in which the state might impose that you get rid of your assets to be eligible for healthcare, explains Rainey Collins Lawyers and other renowned family trust lawyers.
  • Asset Protection from Prospective Law Changes in the Future – A properly structured family trust could offer significant protection from a wide array of wealth tax types that might be passed into law in the future like inheritance tax or death duties.
  • Imprudent Investments – A family trust could safeguard your family from falling prey to scams or financial predators and squandering assets prior to them reaching maturity or obtaining ample life experiences to make rational financial decisions.

Advance planning is the key to financial freedom and success, and having a well-structured family trust is only one of the many ways you could help secure your family’s future. Keep in mind that when you do set up a family trust, it must be structured in a way that meets your specific goals.

Changes in the Medical Malpractice Bill

Medical malpractice form and a gavelNo matter how skilled the doctor, some operations still go awry. There are several factors that contribute to this, but when you’re a grieving spouse, parent, or child, you want justice served. Medical malpractice cases have become such a burden that it’s listed as the top reason not to pursue a degree in the field. This means fewer doctors in the future if things don’t change.

Valid Claims

It’s easy enough to lawyer up and accuse a doctor of medical malpractice. A doctor can also easily find representation in Springfield, Illinois, because of the number of medical malpractice attorneys in the area. However, it’s worth noting that not all claims of malpractice even make it to court. This is because there is not enough evidence to go past before trial, meaning the claims are not substantiated enough. For doctors, the time and money spent on lawyers are unnecessary expenses.

Mitigating Operating Costs

Operating a clinic is expensive enough. Adding medical malpractice lawsuit costs on top of that puts a strain on a physician’s finances, which means they need to hike up the cost of their professional services. As they are getting the bulk of their income from patient consultations, this means patients will have to shell out higher costs for the same services. This isn’t to say that the government wants to do away with the complaints and just sweep them under the rug. Valid ones still need to be given the attention they deserve; those that do not fit the recently changed statute of limitations, however, will no longer be entertained. The healthcare bill also limits the fees a lawyer can charge for handling a case.

Changes in the medical malpractice bill aim to protect physicians from undue costs and patients from increased health care prices. If you look at it the right way, it makes sense.

Understanding the Job of Colorado Estate Planning Lawyers

A Group pf Lawyers

Many people are not comfortable with the idea of planning for their death. However, it is necessary if you want to secure your loved ones’ future in case of your untimely demise.

Colorado estate planning lawyers can make sure that your plans are carried out properly. Here’s how your lawyer can help:

Creating Wills

If you don’t have a will, your attorney can help draft one for you. If you created a will without your estate planning lawyer’s assistance, it is best that you have it reviewed by an attorney to make sure it is valid, duly signed and witnessed by qualified individuals. Likewise, your lawyer can help in updating your will to reflect the changes that have become necessary over time.

Probating Wills

Upon your demise, dealing with your estate becomes the responsibility of the surviving members of your family. If you named an executor in the will, he or she acts as your representative and administrator of your estate. If the executor’s role is challenged in court, Colorado estate planning lawyers can provide legal help and court representation.

If you die without a will (intestate), the state will decide on the distribution of your assets. The entire process can be long, complicated, and stressful. Thus, it would be a sound idea to create your will with the help of a lawyer. This way, when the time comes, the probate process will be smooth and convenient for all parties concerned.

Creating Trusts

By definition, a trust gives control to a third party (trustee) over an asset. The asset is held on behalf of the legal beneficiary. Some people opt to create a living trust to do away with the probate process. By creating trusts, you can safeguard your legacy, control your wealth, and enjoy some semblance of privacy that would otherwise not happen with probate.

Since the assets in trusts do not go through probate, you can save on time and related fees, and in some cases, on real estate taxes as well. Consult your lawyer on the best type of trust for you.

Planning for the future of the loved ones you will leave behind is best done now. Make sure that your plans will be carried out with the help of an estate planning lawyer.

Make Divorce Mediation Easy

DivorceDivorce can be a daunting time for couples who seem to not agree on anything. Mediation is one way to settle things amicably. This process is easier, as it reduces the stress your children have to undergo during the Long Island divorce process. And you also get to save money during the process.

Being a voluntary process, Divorceattorneyinlongisland.com says mediation is a choice. Neither party can be forced into it, making it different from the formal litigation process. Here are some great communication tips that will make the process easier.

Agree to mediate

Divorce mediation is a voluntary process, and the only way to get through it is to first agree to go through this in good faith. This doesn’t mean you have to be cool buddies. But you should be able to have a meaningful conversation about the process.

You can discuss this with your spouse over email or phone. Both parties must agree to go into this wholeheartedly. Deciding and preparing will better equip you with knowledge on how to commit to the sessions and how the process will work.

Decide on your goals

After you’ve decided to go through divorce mediation, decide what your goals are. Do you wish to share the parenting process? HelpGuide.org says this is a child-centric approach.

Do you wish to retire at a certain age, or are you more focused on getting emotional and financial stability? Knowing your goals makes the communication process easier, as you’re able to speak up for yourself.

Hire an experienced mediator

Virtually anyone can pretend to act as a mediator and take your money without any training. In Long Island, divorce attorneys can act as a mediator. Check to see if your attorney has been trained in mediation.

A mediator helps discuss the various problems at hand. Be sure not to focus just on your own needs; try to find a balance.

If you think divorce mediation is a better option than the common litigation process, talk to the other party about it.

Honey, I’m Leaving You: Breaking the News of Divorce to Your Husband

Divorce lawyer in ProvoIt’s been years since you’ve been unhappy with your marriage. You’ve done some counselling in an effort save your relationship, and compromised a lot, hoping that you can bring things back the way they used to be. The sad part is, they didn’t work, and you’re thinking of getting a divorce and leaving your husband.

When you’ve finally reached a decision, breaking the news to your partner may seem the hardest thing to do. Besides, it may mean hurting your family, kids, and husband, and ending what was once beautiful. While this may seem difficult and heartbreaking, you also know that you have to say it.

Buhlerlawoffice.com’s divorce lawyer in Provo offers a few suggestions on telling your husband you want a divorce.

Be Kind and Gentle

When you’re ready to break the news, be gentle and kind as possible. You can begin by saying, “I know it’s hard for you, but I think our marriage is falling apart…” Don’t blame your spouse for what has happened in your relationship. It is always advisable to part in a kind and respectful way to make the divorce process go in a less stressful way.

Find the Right Time

Timing is everything when bringing up the topic of divorce. Consider telling the news when you’re calm and when both of you have a personal time together. It is best to state your feelings about the relationship and avoid letting negative emotions take you over. Make sure to tell your fears and sorrow about breaking the news.

Keep Safe

If you think that your husband will accept the news in a negative way, you may consider breaking the news in front of another person like a psychologist or therapist. You may also talk about the divorce in a public place where other people will be around you. It is best to look for ways to promote mutual understanding and reduce anger.

When you finally break the news, get ready for a long discussion. If your husband is not ready for divorce, he may do some convincing or even express his disappointment and anger. The best thing you can do is to act rational or get help from a divorce attorney or therapist.

Shoulder Injuries: When to Take Legal Action

Shoulder InjuriesShoulder injuries are treated with surgery, arthroscopic shoulder surgery to be exact. Undergoing the procedure involves the use of pain pumps to the surgical site, which can cause permanent harm to the shoulder’s cartilage. This then evolves to the development of the PAGCL, better known as Postarthroscopic Glenhumeral Chondrolysis.

While there are different factors that could possibly be causing your shoulder pain, Miller & Steiert, P.C. helps you in determining when you should take legal action for your shoulder injury after undergoing surgery.

The following are the initial symptoms associated with PAGCL, upon onset of which will be substantial grounds to take legal action with:

  • Decreased range of motion
  • Clicking, grinding or popping
  • Pain while at rest
  • Stiffness or weakness
  • Pain while in motion

To understand the condition better, it is imperative that you understand what PAGCL does to your shoulder. The joint on your shoulder consists of a ball at the end of the arm bone and a socket on the shoulder blade.

Like all joints, there is a layer of cartilage that allows movement of the arm and the shoulder to be smooth. The breaking down of that cartilage, called Chondrolysis, is caused by the use of pain pumps to the shoulder during the surgery.

The cartilage in the ball and socket of the shoulder is responsible for making circular motions and the movement of the arms towards and away the body possible. The cartilage reduces friction, making movement easier.

If left unchecked, the bones will begin to deteriorate and the whole joint of the shoulder may need to be replaced with prosthetics. This makes the condition grave and enough reason to sue the medical practitioner that performed the surgery.

While it is normal to feel discomfort and pain after surgery, its prolonged effects may be a permanent effect. Distinguish which is which and take the necessary legal action if needed.

Be sure to ask the legal advice of an attorney who specializes in shoulder injury claims to help you get the adequate compensation and coverage you deserve.