Divorce Attorney

In Divorce, Equitable Distribution Means Fair but Not Always Equal

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In many ways people prepare for marriage from early childhood. Roles, expectations, even comprimises and sacrifices associated with marriage are learned by watching adults. Divorce is another matter.

A typical understanding of divorce, for the unitiated, would expect that each spouse takes half of everything and moves on. Fifty-fifty division of assets, however, is not the norm. Four out of five states in the United States divide property according to a principle called equitable distribution.

Oklahoma is one of the 40 equitable distribution states. A Tulsa, Oklahoma divorce attorney explained the difference between 50/50 distribution of assets and equitable distribition. Equitable means fair, but not necessarily equal, he explained.

Some divorcing couples work out between themselves how they will distribute assets. Except where there might be evidence of coersion, courts wil usually go along with an agreed settlement with regard to real and personal property.

The way courts allocate parenting obligations is typically less flexible. Statutes often stipulate financial obligations. Where one parent agrees to depart from statutory guidelines, some courts require the party accepting less than they would be owed by law to be represented by an attorney.

Yet courts are generally sympathetic with parties who ask the court to issue a divorce decree without asking the court to settle their differences. When parties do not agree on how to divide assets, courts turn to the equitable distribution doctine.

Equitable distribution in Oklahoma allows courts wide discretion to determine what is equitable, limited by statory requirements such as child support, by any prenuptial or post-nuptial agreements the spouses entered, and by the future needs of either spouse. A spouse who was a homemaker or stay-at-home parent for many years might be awarded spousal support, but the other party could satisfy the alimony obligation by taking a smaller share of the marital assets.

Many courts require that divorcing couples attempt to mediate differences about distribution of assets during a divorce. If mediation fails, the court settles the matter. In such cases, the services of a divorce attorney or family lawyer are particularly essential in navigating the process of dividing assets during divorce.

Divorce Attorney

Separation or Divorce?

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When the inevitable occurs and a couple decides they can no longer live together, a separation might be the best option until making the decision to divorce. There are several benefits that a separation can provide. It is a good idea to look at this choice before deciding if divorce is actually what both parties want.

Retaining Health Care Benefits

Generally, unless it is included in the terms of the divorce when a couple ends their marriage, health care benefits for one spouse end. This is particularly true if the benefits are in only one name. When a couple separates, they are still considered married, so the benefits could remain in place. This can be a very important aspect if the party that would be dropped in a divorce has ongoing health issues that require medical treatment.

Joint Accounts

Most married couples have joint accounts for credit, savings, and checking. If they divorce, the accounts will most certainly be closed out, and each party will be responsible for opening their own account. If they separate, the agreement will need to stipulate whether the joint accounts are to be closed or remain open. There will probably be outstanding debt, especially for credit accounts. The agreement also needs to state who is responsible for paying this debt. Will it remain as it was or change?

Time to Decide on the Best Choice

Sometimes, couples may just need time apart to decide if they actually want to divorce or work on their marriage. They may both just need a little breathing room to allow them to make the best choice. This is particularly true if one partner feels the other has been unfaithful. Whether or not they were, the spouse that feels they were wronged needs to decide if they can put this in the past or not. This is why firms such as Hackworth Law PA works with clients that decide a separation agreement tampa is the best choice.

Many times separating can be advantageous for both parties. If there are children involved, this can allow them time to adjust to their parents living apart if eventually they decide to divorce.

General Article

Why You Should Hire a Workers Compensation Lawyer after a Work-Related Injury

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More than one million people each year are forced to take time off after a work-related accident or illness. This not only means that they lose wages, but it also means they have mounting medical bills. Most injuries or illnesses that occur at work may qualify for workers comp. However, it is nearly impossible for everyone to get a fair response without workers compensation lawyers Portland Oregon.

Workers Compensation Lawyers Know Oregon Law

Lawyers that specialize in helping injured workers can file claims for different reasons. Perhaps you injured your back after lifting heavy equipment. Or, toxins in your work environment are probably causing respiratory problems. Even if you are suffering from a stress disorder, a lawyer knows how workers compensation laws in Oregon apply to your situation.

Once you see a doctor about your condition, consult with a lawyer who can sort out applicable laws. Here are several reasons to consider hiring a legal professional to help with your case.

You Could Receive a Larger Settlement

Typically, you might be eligible to receive payments for medical expenses associated with your illness or injury. However, you might be able to receive more compensation with an experienced lawyer on your side.

Additional money incudes receiving payment for lost wages while you were treated and/or needed to recover. Future illnesses or injuries you may have in the future that stem from original work-related illnesses or injuries may also apply.

You Get Legal Guidance Every Step of the Way

Paperwork is only one part of filing a workers’ compensation claim. A lawyer guides you through every step of the process. They can explain how to document your injuries and take pictures. Their personalized, legal direction can also advise you on detailed evidence to give during treatment and recovery.

Your Lawyer Could Protect Your Job

If you fear that filing a claim might adversely affect your job, the lawyer can step in and protect your employment status.

Most workers compensation lawyers Portland Oregon do not require a payment from you before settling your case. Some will even pay to have your claim reviewed by disability experts. You will either get paid, or you do not pay anything. So, you have a win-win situation.

General Article

How to Maintain Good Commercial Tenant Relationships and Avoid Lawsuits

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No commercial property owner wants to face litigation over issues that can be easily resolved out of court. Below are a few ways you can avoid lawsuits generating from performing actions that the court can view as harassing in nature.

Never Bring Up the Discussion of a Tenant Letting the Lease Go

You might have particular reasons for wanting to end a lease and send a commercial tenant packing, but you should never throw out the suggestion that they abandon the lease. It can come back to haunt you in a big way by a harassment lawsuit for feeling forced to leave, whether that was your meaning, or not.

Never Intentionally Interrupt Tenant Business or Cut Off Sevices to Force a Move

Every repair and physical change you make tp your leased commercial property must be documented to show it was a necessary improvement or repair. It’s the best way to show that you have not harassed the lease-holder and made it a better option to leave. Cutting off water service when it is included in the lease, or shutting down operations to complete long-term improvements that are unnecessary at the time can be considered “harassing” in nature. If it holds up and takes away from your tenants business they can sue for actual damages.

Address Every Tenant Fairly

When repairs need to be done on a commercial building, you need to ensure everything is done in a fair manner. If it’s a multi-business building and suddenly experiences roof leaks, make sure you show no preference as to who gets the leaks fixed first.

Structure a Fair and Equitable Lease to Avoid Problems

Choose an experienced commercial real estate attorney Charlotte NC commercial property owners count on to structure fair and equitable lease agreements. The chances of undergoing lawsuits for being unfair or harassment is far less likely if everyone is on the same page and aware of the obligations set forth in the agreement.

Investing in commercial property to place on the market to rent and lease can be a way to generate huge profits, but it’s essential to guard yourself against unnecessary lawsuits that come through inadvertent actions that can be perceived as harassment. Take the time to construct a good lease contract to make sure it’s on fair footing from the start.

General Article

Hiring a Family Lawyer Can Help You Get a Fair Child Custody Arrangement

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When couples divorce, one of the most tragic results is the separation of the family. Suddenly, child custody becomes a concern and each parent fears that a divorce means losing parenting rights and the ability to maintain a presence in the child’s life. While this is rarely the case, it’s still important to ensure a legal advocate is representing your interests.

In many custody battles, each parent’s goal is to obtain sole custody of the child, but, unless there are extreme circumstances, the courts try to keep families together as much as possible. The goal of the family court system is to do what’s best for the children, but, as a secondary goal, they also try to ensure each parent has the ability to participate in the child’s upbringing.

While the courts try to be fair, they can only rely upon the evidence and testimony provided by each party and their lawyers. Your ex-partner may paint an unflattering picture of you and, without an attorney counteracting those charges, you may only end up with an allowance for child visitation Hillsborough County. Your own attorney will combat unfair allegations and ensure the judge hears two sides of the story.

In some cases, a divorcing husband and wife may be able to settle issues of custody in mediation. This is a less costly and faster process, but it requires the ability to set aside your differences and compromise. Even in these situations, hiring a lawyer can help keep the mediation process fair and civil. There are many intense emotions involved, when ex-partners try to divide their lives, so rational and logical attorneys can help both parties keep things in perspective.

Each parent wants to ensure he, or she, maintains a presence in their child’s life. Lawyers can help parents work together and show the judge that they can compromise, which makes it more likely that the parents will be able to share custody. Ideally, shared custody allows parents to divorce without unnecessarily disrupting the child’s life. Hiring an attorney may seem counterproductive to creating a positive situation for the child, but, in most cases, it’s the only way to ensure a smooth and fair transition for all involved.