Divorce – How Marital Debts Are Divided

Divorce generally includes a number of aspects concerning the dissolution of the household and assets. Because state laws differ, the identification as well as the disposition of marital debt has remained somewhat ambiguous. However, debt remains a common element in most every relationship. Thus, the court system has been dealing with its ramifications for decades.

History and Theory

It has only been since the late 20th century that statutory provisions have been implemented in most states. The laws are general so the specifics will vary for each individual marital relationship and situation. The most widely held view pertaining to marital debt is that it is comprised of debt that incurred only during the course of marriage and for marital purposes. Even if you were to hire the best divorce lawyer in Orlando for example, you would still be advised that usually, debts incurred prior to the marriage or in the post separation period are the responsibility of the specific named debtor.

Marital Debt

Marital debt is dealt with as marital property the same as with all other property and assets that is acquired during the marriage. Therefore, it is included within the context of the divorce process. The two types of debt are categorized as:

Usually, only what is considered as joint marital debt is divided by the judicial court system. As an example, a vehicle, home, piece of property or any other financial obligation incurred with the intent of both parties to benefit from it would be considered as joint marital debt.

Process

Generally, there are two ways of dealing with marital debt during divorce proceedings:

Community vs. Equitable Property

The division of debt also depends upon if the parties reside in an equitable or community distribution state. Community property states mandate that each party is responsible for debt incurred during marriage regardless of whose name is on it. For instance, both parties are responsible for a home mortgage whether or not their name is on the mortgage documents. Equitable distribution states mandate that a party is only responsible for debts in their name. Therefore, marital partners should be careful when purchasing property that both parties should be responsible for paying. Otherwise, if one name alone is on that debt, he or she will be required to pay it off alone once divorced.

The above is just one very important reason to consult a divorce lawyer prior to and during a marriage. Divorce itself can be a very confusing time and the legal system very complex. Therefore, it is best to seek the advice of a competent lawyer to help navigate the process. He or she will ensure that all assets are divided according to the laws in the state where the parties reside.

Meeting Your Bail Requirements – The Only Ticket to Your Freedom

In the case of criminal acts, the judges will require the defendant to meet certain requirements in order to make sure that he will return in due time for his trial. In case you to not meet those requirements, you other option is to stay in jail until the trial term. But this is certainly no fun and you will have to take all the needed measures to be successful and get out as fast as possible.

Complete Payment

The bail that is set by the judge can be completely paid by you. After you have deposited the cash and completed the paperwork, you will be free to leave the jail. The defendant has to appear to all hearings. In case he does not do that the entire sum of money paid to the state is cashed. If the suspect meets the agreement of showing up, the money will be given back to him once the case is closed. The only problem is that in some cases the bail amount is so large that an average citizen does not afford paying it.

Bondsman Help

If the person does not have enough money to pay for the bail, he can ask for the help of a bondsman. These are actual agents that are licensed to give people a loan that will get them out of jail. The fee practiced by these businesses is 10% of the total amount. They will do everything for you from depositing the money to doing the paperwork and getting you out of prison. In case you do not show when you were schedules, the bondsman has the right to contact a bounty hunter. He will track you down and get you back.

No Payment

If the crime that you committed did not involve violence or the defendant is not considered a risk of fleeing, the judge may decide not to order any payment necessity. The defendant will be released but he needs to make a promise that he will return for all his hearings. In case the person does not keep his word and skips a hearing he will be arrested again. He is also going to be charged with contempt of court so this is totally not recommended.

If you end up in jail, you will know that there is nothing fun about it. You may also find that getting out of it can be totally challenging. Therefore a high number of people look for the bail bond agents help. These people are happy to assist them in meeting the bail requirements. The idea is to make sure that all the defendants will actually get back to the court. On the other side, if you get the services of a bondsman, you have to do that he will do whatever it is necessary for you to get to court. This may even mean sending a bounty hunter on your path. Your co-signer will also have the goods blocked and this is why it is better to get to the assigned trial date and not create a really unpleasant situation for everyone.

Arraignments And DUIs

As state governments seek to crack down on the number of drunk driving accidents, the standards for sobriety have been increasing. While these laws are publicized, not everyone keeps up with these standards, and some people just go out and drive drunk. When that happens and you get caught, you can expect to go through a series of legal actions that will determine whether you are guilty or not guilty.

One of the first things that always happens in a DUI is the arraignment. For individuals who are new to this process, the arraignment can be rather intimidating. It is not a fun experience, but it is important that you understand what you are dealing with so that you can take the appropriate action.

The Basics of Arraignment

As you can see from the sites LegalZoom reviews, arraignment occurs with almost every single case that goes through the courthouse criminal system. The purpose of the arraignment is to determine how the case will proceed. This is the first time that you will appear with a lawyer, if you choose to have one; and it may also be the time at which your bail is set, depending on the state.

Do You Have to Have an Attorney

Even though this is the most common situation for individuals to have an attorney appear on their behalf, it is not required. You can always get one later. As you can see from the sites LegalZoom reviews, you can easily handle an arraignment on your own so long as you know what you want to do.

Your Options in Arraignment

At arraignment, you have to decide whether you are going to claim guilty or not guilty. The sites LegalZoom reviews strongly recommend pleading not guilty if additional charges or previous charges are about to go into effect unless you have been given a good plea bargain. The other option is to make sure that you speak with an attorney to make sure that you don't inadvertently lose some of your rights.

The judge will not contest your decision. When you are asked to give your decision, you or your attorney will simply state "guilty" or "not guilty." From there, the judge will state what is to happen next and the time for the next hearing. This is not the place for the evidence. If you are representing yourself, do not attempt to argue with the judge or you will be held in contempt of court.

Have You Been Charged With A Marijuana Crime In Los Angeles, Ca?

This article provides a brief overview of common marijuana charges in California. It is critical that anyone charged with a marijuana crime understand the charge and potential defenses to it.

Marijuana crimes are generally divided into three categories: (1) possession, (2) possession for sale and (3) sales. Because these are separate criminal charges with different punishments and defenses it is necessary to examine each charge separately.

Possession of marijuana (Health & Safety Code 11357) is charged when a person possesses marijuana for personal use and not for sale. Possession of a small amount of marijuana, usually less than 1oz., is a misdemeanor punishable by no more than a $100 fine. Other marijuana possession charges are misdemeanors, with the exception of possession of hash which can be charged as a felony. In most cases, people charged with marijuana possession qualify for ?drug diversion? which is a drug education program. If the program is completed the marijuana possession charge is usually dismissed!

Possession of marijuana for sale (Health & Safety Code 11359) is a more serious charge than simple possession. It is a felony punishable by 16 months, 2 or 3 years in state prison. ?How do the cops and D.A. prove that marijuana was possessed for sale and not for personal use?? They typically rely on the following types of evidence: defendant has marijuana and baggies or a scale; defendant has marijuana and significant cash; and there is more marijuana than expected for personal use. Possession for sales charges must be vigorously defended against. Successful defenses may include (1) insufficient evidence of intent to sell, (2) illegal search and seizure ? it is not uncommon for the cops to find marijuana through an illegal search, and (3) showing that even a large quantity of marijuana may be for personal use.

Marijuana sales (Health & Safety Code 11360) is charged when a defendant allegedly sells or transports to sell marijuana or simply offers to do so. Marijuana sales is generally a felony punishable by a 2, 3 or 4 year prison sentence. Marijuana sales may be charged from direct evidence of sales ? for example a stake out or sting operation ? or based on indirect evidence such as a large quantity of marijuana and frequent visitors to a suspected sales premises. A strong defense must be mounted against any marijuana sales charges. If a an offer to sell was made under duress, as a result of entrapment, based on an illegal search or seizure, or there is otherwise insufficient evidence of actual sales, theses defenses must be raised to challenge the prosecution?s sales charges.

I hope this article has been helpful.

Sincerely,
Garret Weinrieb, Esq.
Valerio | Weinrieb Criminal Defense Attorneys

(note: Information contained within this article is intended for general information purposes only and is not, nor is it intended to be, legal advice for any individual case or situation. The information contained within this article is not intended to create an attorney-client relationship and use of this article, and any information contained herein, does not constitute such a relationship.)

The Process of Selection of Your German Lawyer

Nowadays there are numerous German Law firms from where you can select the best one according to your requirements. You may require a lawyer for your personal problems, professional reasons or may be for your company. When you are in trouble, you will definitely require their guidance for several reasons, such as labor, rent related problems, rules of immigration, or any other legal problems.

No matter whichever of the German law Firms you select, you should emphasize on your own particular requirement. It means that when you visit any such firm, you will be offered many such specialists according to your requirement. You may also consult a freelance specialist lawyer rather than visiting any law firm. You may be looking for a legal firm to be a franchise of your business. For that, you should get proper services from a specialized person. There are numerous specialist law firms in Germany and they have years of experience in their specialized field.

If you require legal advice of any specialized field, you should look for lawyers in Germany who are specialized in their specific field. Seldom, it may happen that you may not get any such reliable firm in or around your city. You may have emergency requirement which may force you to search for it on the Internet ideal for your necessity. You should simply cancel all those which don't meet your requirements. The perfect selection of a legal firm is very essential for any type of requirements, specifically for business reasons.

You may face many legal firms offering you rechtsanwalt Deutschland but may not fit into your requirements. There are different types of law firms who are specialized to serve different kinds of industries. If you are well off in life, you will definitely require the guidance of a specialized person to solve all your litigation problems.

For instance, if you require the guidance of any attorney in Hamburg for legal proceedings of your property, you should hire a specialized person so that you can get best quality assistance and guidance. In case you are facing any litigation problem regarding your fixed assets, such as flats, houses or land, you will require the best quality lawyer to handle your hearings in a proper systematic manner by sincere lawyers in Germany. If you are facing any problem related to real estate and tenancy, being a vast field it definitely demands for a specialized lawyer which you should hire.

The benefits of hiring lawyers from special German law firms are many. You will be one step ahead of your opponent by hiring the best quality lawyers possible. Your problem may be related to any legal permit or divorce with your spouse, a specialized lawyer can get you out of your misery as early as possible.

What Every Business Lawyer Should Provide You When Hired to Represent You

Every business lawyer operates differently, but there is a bare minimum that every business lawyer should be providing their clients. You need to make sure that you are properly evaluating every business lawyer before hiring them, and have a good idea of what they are going to be able to do to help you to properly represent yourself legally, as well as stay in touch and help you with smaller details as well. Every lawyer should provide you with a background, and experience that they have that qualifies them to be the lawyer for your company. They should also be able to provide you with the schedule as well as a price for the work that they are going to do for you, and ongoing customer service in order to give you peace of mind.

Experience

Arguably, experience is the most important thing that any lawyer needs to have. When you are considering hiring a lawyer, they should be able to provide you with adequate proof of the experience that they have. This can be a matter of public record, or a Pvt. document that they are able to give you that gives you an idea of the testimonials from previous clients, as well as the positive outcomes that they have provided for clients as well. Experience needs to be something that you evaluate in full, without making exemptions, in order to ensure that you are going to have an experienced lawyer who knows their way around the system.

A Schedule and Price

Any solid and well-known San Diego Business Attorney is going to be able to provide you with the schedule, or estimated schedule, and price per hour for their services. You have to keep in to consideration the fact that many lawyers are not going to be able to account for every small circumstance that may pop up, which can cause their price to inflate. Never hire a lawyer who quotes you at exactly what your budget is, and instead hire well under your budget to account for these situations. Keep in mind that after you have paid him a large amount of money, many lawyers are going to be willing to work on a payment plan in order to keep representing you. So, building a relationship and trust with your attorney is something that can benefit both parties, and make it beneficial for the both of you to continue working together.

Ongoing Customer Service

Another thing that I learned when looking for a San Diego Divorce Attorney, is the fact that they are going to have to provide you with ongoing customer service in order to best serve your needs. This is something that is often overlooked when you are looking at hiring a lawyer. Although they probably do not want you calling the office every day checking up on their work, having a time that you can call them each week and check what is going on and what you need to do on your end, can be beneficial for the both of you and shows that they provide excellent customer service.

Solving GP Partnership Disputes

A partnership dispute between General Practitioners (GPs) will affect a business and its employees but most importantly, if it becomes serious it has the potential to affect the patients you treat. So do not under any circumstances let your GP dispute fester without paying it some serious attention. It is always best to deal with issues when they are at their minor stage, nipping them in the bud, rather than letting them progress to a major stage.

Dealing With A Dispute

First things first, look to your partnership agreement. Partnership agreements are legally binding documents and if you have a well drafted agreement it will contain all the information you should need to settle your dispute quickly, be this detailing the procedure for removing a partner, or detailing which form of dispute resolution it has been agreed that parties will use. Generally common issues will be dealt with and you should have specific rules and procedures outlined within the document that must be adhered to.

There are 3 common ways of dealing with dispute if you cannot simply use the partnership agreement to resolve it. These are the following (listing in heightening degree of both severity and cost):-

Mediation: mediation is the most relaxed form of dispute resolution. It simply involves the parties talking through the issue with a mediator present. The mediator does not contribute to the discussion, nor do they offer their opinion on the matter. The idea is that the mediator allows each party fair and equal time to speak and get their opinion across in a non-aggressive environment. The aim is ultimately for a conclusion to be reached which is mutually accepted without having to take the matter further.

Arbitration: For arbitration to commence both parties must have voluntarily agreed to the use of this form of dispute resolution. This agreement will either be made at the time of the dispute, or will have been made before the dispute occurred. Usually this will be in the partnership agreement, which must have been voluntarily signed. A chartered arbitrator will look over the case and all its evidence and will then make a legally binding decision on how to best resolve the dispute. The benefit of arbitration to businesses is that it is completely confidential and generally takes less time than traditional litigation, making it cheaper.

Litigation: Finally, traditional litigation. If no other technique works, take your case to court. It will come to a conclusion which will be enforced by law. It may take longer than other options and be slightly more expensive but ultimately it will put the matter to bed.

Contact a business dispute lawyer or a chartered arbitrator today if you need advice regarding the best resolution option for your GP partnership dispute.

Some Tips to Choose the Right Attorney for your Divorce Case

When a couple undergoes any disagreements between them and plan for a separation they have to approach the court for a legal divorce between them. Divorce is a legal act that is proceeded in order to break a marital bond and free themselves from each other.

Divorce is not a simple thing that anyone could get at anytime. There are many complications in it and the couple should also be ready to face all these legal issues. Children custody and responsibilities of their future will complicate the case further more. So, to face all these problems and take the right decision it is important for anyone to get the right advice from an eminent divorce attorney.

Each and every state has framed different rules for their divorce cases, but some common features followed everywhere are the at-fault and no-fault condition.

When either of the couple has some fault on their side then this is known as the at-fault condition. There are more chances for problems and disputes in these kinds of cases.

No-fault is a condition where there is no fault on any of the couple and if the decision is taken on a mutual concern by both the parties.

The best way to handle your divorce case and get the best judgment would be to appoint the right divorce lawyer to assist you in your entire case right from the beginning to the end. Here are some important considerations to be taken before choosing an attorney for your case.

Getting Referrals- Getting referrals from your family and friends are very important while choosing a family lawyer for your case. When you get referrals you will be able to easily know about the history and capabilities of a lawyer and that will definitely help you to choose the right attorney for your case.

Specialized divorce lawyers- Only a lawyer who is specialized in family and divorce laws will be able to handle your case properly. Their proceedings will definitely better than any other general lawyer.

Qualified lawyer- Before selecting a lawyer make sure about his qualification and also whether he will be capable of handling your divorce case.

Experienced lawyer- It is also very important to choose an experienced lawyer for your family cases because only then he will know the right way to proceed the case and do the proper arrangements for the children custody and property division.

Valid license holder- The attorney you choose should be a valid license holder from the bar council. Else you will end up in unwanted issues if you approach any fraudulent attorney by any chances.

Keep Dishonest Lenders at Bay by Hiring a Law Firm With Expertise in Real Estate Law

Having a house of your own is everyone's dream and if you are from the mid-income group, the first thing in your mind would be to take a house loan if you are to realize your dream. Taking a loan, however, especially for a house or property is the trickiest part nowadays. There are innumerable odd processes and paperwork to complete before you finally avail a loan. But due to the complex procedure, the lenders or the banks usually take advantage of the situation with things related to mortgage. It is during this crucial time of taking a loan that many unwanted glitches come up. Many a times, buying a house remains a distant dream, thanks to the unprofessional ways of working of these lenders.

A lot of people across the United States have complained about unscrupulous people who have sold their mortgages to a third party without their knowledge. This is a very serious offence and such kinds of cases are been often heard now that the property market have start to boom after the slowdown. Be very cautious so that you do not fall prey to such malpractices. Being a layman, it is very easy to be a victim since you are not accustomed to the nitty gritties about loans and mortgage.

Endeavoring to bring justice to innocent people who have been duped by smart bankers, a lot of private law firms have opened up their business online. Most of these firms have offices across America and they hire some of the best lawyers in the country. With the help of both State and Federal Laws, these experienced professionals bring to book offensive practitioners and in the process, keep their clients in their deserved property. And the best part is that they do not charge much for their service and do their job within an affordable range. But the main criterion for a successful outcome is that you cooperate in the entire process and do not miss out on providing them all the details.

Terms like Debt Consolidation Refinance Bad Credit Debt Consolidation, Home Refinance Rates, Securitization Loan Audit, Foreclosure Defense, etc are beyond the comprehension of the common man. So if you hire a lawyer, he will be able to guide you through the entire process in a very smooth and hassle free way. For instance, try to stir clear from debt consolidation refinance with the assistance of your lawyer. An astute attorney will easily guide you through this. Home refinance rates also vary depending on a lot of pivotal factors. So make sure that you are charged the right rates and are not disarrayed. Bad Credit Debt Consolidation is another slippery area which needs utmost caution and proper guidance from a competent attorney who has commendable grip over such form of defense. In other words, do not lose out on your savings and your house because of some crooked lenders and instead hire a capable attorney's service so that he might defend you.

Protecting Your Kids From Divorce Trauma

Whether a divorce is particularly messy or if it is as civil as possible, it will still be painful for the entire family. Children particularly suffer during this time. Although you are dealing with your own mental and emotional issues during your separation, it is important to protect your children as much as possible.

First of all, it is important to keep your children out of it as much as possible. It can be easy to try to talk to your children about what is going on because you feel alone, but you need to find a friend or a counsellor to discuss your divorce issues with. Even if your children are older, they will still feel as if they are being put in the middle of the situation if you tell them too many details.

It is also important to let your children know that this separation is not their fault. You might be surprised to find just how many children do feel this way. Also, make sure that your children know that both of their parents still love them and that they are not being abandoned by the spouse that is leaving.

Arguing over the kids will only make the situation worse. Some partners try to use their children as a way to punish their spouse, but this is the wrong thing to do. Arguing over custody and child support can really hurt your children, and it will make them feel as if all of the fighting is their fault. You have to be as civil as you can possibly be, and bring a mediator or family attorney into the mix if you need guidance. Remember that taking your children away from one parent can be very hurtful to them and can have negative effects on them later in life, so encourage them to spend time with both parents to keep them as happy and healthy as possible.

Lastly, try to keep their life as normal as possible. Divorces often result in moves, the changing of school districts and other changes, and a child might feel a loss of safety, security and normality. Do as much as you can to keep your child's life as stable as possible during this time.

Although divorces are very painful and traumatic for the entire family, you can make things go much more smoothly if you make the effort. Not only will your children be able to transition to their new life much more easily if you take these steps, but you will also find healing to be easier for yourself.