Category: Legal Advice

5 Important Questions To Ask A Divorce Lawyer During Consultation

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A divorce is something no one wants to ever go through. When a bride or groom heads down the aisle and makes their vows, the intention is usually to stay with that person forever.

Unfortunately, sometimes the marriage just doesn’t work out and the marriage may reach a point where a divorce is necessary for each member of the union to grow and move on with their lives.

A divorce lawyer is an important part of this process of going back into legal single-hood so hiring the right attorney is a decision you want to only make once. Some attorneys talk a good game and some are very knowledgeable, savvy and experienced with the law so the best way to filter the good from the bad is to essentially interview them during a consultation.

The following are six simple questions that you should ask every divorce lawyer you encounter and an idea of the answers that you should be looking for:

1. What are the requirements for a divorce?

According to the law, a marriage can be divorced if it has failed. The failure of a marriage is assumed if the participants have not formed a cohabitation for at least one year, and it is also no longer expected that the coexistence is possible to restore. However, it is not a requirement that both spouses want a divorce after one year. Instead, it is sufficient if the cohabitation has not existed for a year, and a spouse wants to divorce.

2. Can the divorce petition be filed in court without a divorce lawyer?

The divorce application itself can only be submitted to the court (local court, family affairs department) by an approved lawyer. The divorce petition is permissible, provided that the parties have been living separately from one another. Such is only possible if the parties stay independently in duration not less than one year. The court then delivers this divorce petition to the other spouse. The latter can then comment on the divorce petition. However, the divorce petition only occurs if the paying of court cost happens in advance, or the applicant receives legal aid.

Furthermore, Jason Martin, a Montgomery County divorce lawyer who’s seen his fair share of divorces accurately pointed out that not only are DIY divorces usually improperly filed (leading to delays) but amicable divorces don’t usually stay that way, unfortunately; and this is where your lawyer comes in to protect you just in case things go sour.

3. Do you have to apply for pension compensation?

If a party has submitted the divorce petition to the court through his lawyer, the court will send the two parties the forms for the pension adjustment. Such happens in the course of the proceedings. The pension adjustment is typically carried out as a so-called follow-up in the course of the official divorce by the court. As a rule, those involved do not have to submit their application. Such applies for marriages of up to three years, and here the pension adjustment takes place only if a spouse requests this.

4. What regulations are there in divorce proceedings?

In the context of an application for divorce, only the pension compensation is ex officio carried out by the court, provided that the marriage has been longer than three years. The court does not automatically regulate other procedures, such as separation maintenance, post-marital maintenance, profit sharing, custody, dealing with children together, or the stay of children, within the scope of the divorce. If the parties involved also want to find regulations here, they have to submit corresponding further court applications. There is no clarification of official channels. These additional applications in the context of maintenance, custody, or handling often lead to a considerable increase in the cost of divorce, since in terms of costs, they are separate follow-up matters, which cause increased court and lawyer costs.

5. How long does a divorce procedure take?

The question of the length of the divorce proceedings depends on several factors. In the case of a so-called amicable /uncontested divorce, the spouses already agree on all matters, so that apart from the pension adjustment, nothing else needs settling in court. The duration of the divorce proceedings is between four and fifteen months. The period of the divorce proceedings can, however, prolonged if so-called follow-up matters, such as post-marital maintenance, property law (gain), or custody applications within the scope of the divorce, are pending. In these cases, a divorce can drag on for several years, since the divorce petition only occurs when all other proceedings are also “ready for decision.” The decision is ready when the court has all the necessary facts to be able to make a decision.

6. Can the spouse who moves out of the marital home take the children? Against the will of the other spouse?

If the parents have joint custody, they can only jointly determine with whom the children will have their future stay or who will look after and care for them to a large extent in the future. The parent who moves out is therefore generally not permitted to take the children with them against the will of the other person and thus tear them out of their familiar surroundings. If the parents cannot agree where the children should live, a court decision is their only option. The courts are required to carry out a so-called large child welfare test. This child welfare test, asses on what is best for the child, contains the following principles, which the court takes a closer look at when examining it:

•Continuity principle

•Funding principle

•Binding the child to its parents

•Child’s bond to his siblings

•Child’s will

These criteria are considered as part of the child welfare check and weighed against each other, whereby the court tries to make a decision that is only the best for the child. Only the interests of the child and not the interests of the parents are decisive in this assessment. In this respect, the court will often conclude that tearing the children out of the former marital home will robe them of their familiar environment. Thus the familiar surroundings of the children are not conducive to child welfare and that the children then fall back into the care of the other spouse.

Real Estate Laws in Florida, What You Need to know Before Buying A Home

Purchasing a house in the Sunshine State is an exciting prospect and wise investment. Neither hurricanes nor politics have inhibited the steady rise of home values year over year. Also, Florida boasts lush landscapes, pleasant year-round climate, and low taxes.

At the same time, prospective buyers should not enter a deal without knowing the legal benefits and pitfalls of owning Florida real estate.

Without this knowledge, they can miss opportunities or–alternatively–get stuck with a wrong property. Sound advice from experienced counsel is key to optimal conveyance transactions.

Deed-Restricted Communities

A majority of homes in Florida are located within deed-restricted communities (condominiums are only one form of this legal arrangement). As such, residents are subject to the governing documents of the homeowners association.

The rules may be flexible or strict, so must be examined ahead of a contract. They regard pets, landscaping, special assessments, and common property, to name a few features. Seasoned attorneys can help ascertain your rights, privileges, and obligations amidst the complicated verbiage.

Do not leave such details to realtors who lack the training to spot the legal landmines in such documents.

Beachfront Houses: Pros and Cons

To look at a map of Florida is to see hundreds of miles of coastline. Oceanfront homes abound in this state, and for a good reason: the scenery and climate are pleasing to the senses. Eyes and ears do not tell the whole story.

For instance, in the interest of protecting its delicate ecosystem, Florida has imposed laws restricting the lighting outside beachfront houses. This is to protect the sea turtles during hatching season. The state’s Fish and Wildlife Conservation Commission can penalize perpetrators of “light pollution.”

Federal environmental laws apply in these areas, too. Other rules forbid any disturbance of specific natural flora at the beach. Owners can only comply, of course, if they know about such statutes and ordinances.

Property Taxes

While there is no personal income tax in Florida, counties and municipalities make much of their revenue through taxation on property.

A key fact to remember when buying a house is that the seller’s tax burden may bear no likeness to the one you will assume. There are reasons for this: the current owner’s assessed value is capped by statute.

When a new owner comes along, the value can be recalculated to an often higher figure. Beyond that reality, the original owner likely has a basic tax exemption, knocking 25,000 dollars off the value for tax purposes.

The incoming proprietor must apply for that homestead exemption, so must wait for its benefit to kick in. In the meantime, the new owner is stuck with a higher bill — important especially if the mortgage banker is escrowing for payments.

If you believe yourself to have been defrauded or intentionally misinformed, there is help in unexpected places. Florida has similar real estate litigation methods to Los Angeles, CA. You can cast a wide net to find the best legal assistance.

Basics 101 of Florida’s Personal Injury Law

The recovery process from a personal injury can both be expensive and stressful, add these to the fact that different states have different laws. This is why it is always in your best interests to be aware of the state laws that govern personal injury cases.

If you reside or work in Florida and suffered any form of personal injury, you might want to continue reading to know how Florida law works.

Under Florida’s statute of limitations for personal injury, the injured party has up to 4 years from the date of injury to file a personal injury lawsuit.

Serious Personal Injury

Injuries that result in permanent and significant loss of an important bodily function.

Permanent injury within a reasonable degree of medically accepted probability that is other than disfigurement or scarring.

Significant and/or permanent disfigurement or scarring.

Death

Coverage of A Personal Injury Lawsuit

You are entitled to compensation for your losses if the investigation shows that another person was the cause of your injury.

These include, but are not limited to, all related medical expenses, lost work wages, property damage, permanent disability or disfigurement, and other expenditures as a direct result of the personal injury.

More Than One Person to Blame

Florida has a set of joint and several liability rules that are very structured to deal with cases where more than one person is found to be at fault.

Depending on the percentage of guilt, the person who caused the injury can find themselves responsible to pay an amount from almost nil to $2 million in damages.

Your Personal Injury is Partially Your Fault

Florida’s comparative negligence law means that you can also be partially blamed for your injury. If investigations show that you are partially to blame, the amount of compensation you will receive will be significantly reduced.

For instance, instead of receiving $2 million in damages when other parties are completely at fault, this would be reduced to $1 million if you are found to also be guilty.

Overall, when it comes to anything that would involve personal injury law in Florida, your best option would be to contact a Florida personal injury attorney.

For more information on Florida’s state laws and your right with nursing home abuse and negligence, visit:  https://www.nursinghomelawcenter.org/florida-nursing-home-abuse-neglect-attorneys.html

Understanding Florida’s Auto Accident Law

Do you know what steps to take if you get involved in an auto accident in Florida? Read on to find out.

First Steps After the Accident

Immediately after the auto accident has occurred, Florida law requires you to stop and check for any injured persons.

The next step requires you to report the accident to the local authorities. This could be the local sheriff, police department, or the Florida highway patrol if you estimate the damage caused by the accident to amount to more than $500.

If your vehicle is blocking traffic, it should be moved either by yourself or with the help of a towing company.

Liability for An Auto Accident

Under Florida negligence law, there is a comparative negligence system that has been set in place to determine the amount of liability for both parties in negligence cases. An investigation will be conducted to determine the actual extent of liability for the concerned parties.

Insurance Claims for An Auto Accident

Florida law requires vehicle owners to have auto insurance that has at least $10,000 personal injury protection and $10,000 property damage liability.

Aside from the legal requisite of reporting the accident to the local authorities, you need to make sure that the accident report includes information on who is at fault.

Keep a copy of the auto accident information for your personal records, such as date the accident happened, the local authority/agency who conducted the investigation, and vehicle identification of all the vehicles involved. Immediately inform your insurance agency.

Have yourself checked out by medical personnel to keep note of any injuries. Again, take note of the medical information for your personal reference.

Did the auto accident significantly affect your way of life? You might want to consult and hire a lawyer that focuses on Florida auto accidents to help you.

Florida Divorce Law – Five Things You Should Know

If you are a resident of Florida and are contemplating getting a divorce from your spouse, you might want to read on to know the basic requirements before going ahead and hiring the services of a divorce attorney.

State Law Requirements

Under Florida Law, at least one of the participants is a resident of Florida or a member of the US Armed Forces stationed in Florida. Divorcing due to irreconcilable differences would require a written agreement between you and your spouse that the marriage has ended.

If one of the participants deny that there are irreconcilable differences, the court can require both parties to undergo counselling for a maximum period of three months.

Possibility of No Trial

If both parties agree on how the property, child responsibilities (if applicable), and debt should be equally divided, there will be no need to go to trial. The only requirement, under Florida law, is a written and signed legal form.

Division of Assets, Debts, and Properties

Any assets, debts, and properties obtained during the marriage will be equally divided among both parties. If you and your spouse have any assets, debts, and properties before the marriage, these are not included in the divorce process.

Alimony

As an extension of the spousal obligation to financially support each other during marriage, alimony can be required if the Florida court believes that the alimony claim is well-founded. The length of marriage, standard of living during marriage, and the age and physical wellness of each spouse are considered.

Child Custody and Support

Florida courts will always base their decision on what they see as in the best interest of the child. The final decision would be based on the moral fitness of both parties as parents, the ability to provide for the child, and the child’s preference between the parents.

Florida law has a standard table that lists the amount for child support depending on the child’s age and income of the parents. Another precedent is the Florida court ruling to have a trust fund set up for the child for his or her future use.

Arming yourself with the basic knowledge not only saves you time and money but also gives you an idea of the possible uphill battle you would be facing should you pursue with the divorce.