Prenuptial Basics and To-Do’s

Prenup is the abbreviation of prenuptial. A Prenup lawyer is a professional who helps an individual who wants to get married to handle certain aspects of the marriage. Universally divorce rates are very high and a study conducted by Americans for Divorce Reforms estimates that more then 40% of marriages in the United States will end in divorce. This is one reason why many couples opt for a prenuptial agreement. So if you are seriously considering marrying your partner, hiring prenup lawyer will be a good thing for you to do. Basically prenup is a contracted which is entered to or agreed by two people preceding their legal union or marriage. To draw up this agreement you will have to hire the services of a prenup lawyer as he is the best person to help you out in this.It is not that you just go about hiring the first prenup lawyer that you come across for helping you to draw up the prenup agreement. You must find out certain things before you go about doing this work. You must also realize the importance of doing this. Some of these are mentioned below:

• Remember it is an agreement that will help you to deal with any situation if you decide to part ways with your companion. So the thought that your partner may suspect that your intentions are not all honorable for this marriage must not stop you from this. It is wise to get this done before the wedding from a prenup lawyer.

• Make sure that you hire the services of the best prenup lawyer in your city to help you in drawing up an appropriate agreement. A lawyer is after all the best person who can help you out if you do get entangled in any legality because of this.

• Having a prenup agreement made by a prenup lawyer is a great way for you to protect your business interests. If you happen to run a big corporation or ownership business this will help in preventing your spouse from having the sole control of the business if in future they decide to part ways. It will be wise on your part to protect you financial interests.

• Another advantage of having a prenup lawyer draw up a prenup agreement is that one can protect children from earlier marriage get their rightful share in their property. If all the assets are clearly distributed in the prenup agreement then there is no fear in the event of the death of a person or the divorce about property and wealth distribution to children from other marriages.

• Make sure that you hire the services of a prenup lawyer. The lawyer must be efficient in handling any legal aspect related to the agreement. Ask the prenup lawyer about any doubts which you have about the prenup agreement.

The task of the prenup agreement drawn up by a prenup lawyer is to help one in dealing with any situation that may arise if at anytime the couple to decide to split and part ways. Sometimes things simply do not work out between couples and it is best to part ways without causing trouble to anyone.

Damyel Flower is an exprienced divorce lawyer. He has successfully handled many divorce cases.He gives advice to clients who are looking for Art lawyer,Divorce lawyer NYC,Pre-nup lawyer.To hire services of a lawyer in New York and any legal advice visit http://www.mtllp.com

Getting divorced in Texas? What to Expect.

You live in Texas, you have just been served with divorce papers, and you have no idea about what the process entails. This article will provide some answers to those questions; however, it should be noted that everyone’s circumstances are different and just as no two marriages are alike, no two divorces are alike. Thus, every divorce has its own outcome.

Mental Preparation for the Divorce Process

Usually when you think about divorce, you have some notion as to what it entails. You may have watched characters in movies or television soap operas going through a divorce, or maybe your co-worker, best friend, or neighbor may have confided in you. Perhaps, your own parents have gone through a divorce. However you may have encountered it, facing this type of a proceeding can be very stressful and can cause you emotional distress. Not only are you faced with the prospect of losing your spouse, nut you suddenly have to think about a multitude of other unpleasant circumstances such as making new living arrangements, division of property; and, if there are children involved, you will then have to come to terms with the possibility of not being able to see them on a daily basis. Therefore, it is important to understand the process, so that you are better prepared for what lies ahead.

Division of Property

The first thing you need to understand is that a divorce is a lawsuit. One spouse sues another to terminate the marital contract. After the Original Petition is filed, one of the first things that a divorce court will do is devise a plan for the division of property. Texas is a community property state. Community property is defined as all property acquired during the marriage except property acquired by inheritance or gift. Separate property is that which you owned before marriage and that which you acquired by gift or inheritance. With regard to property, it is the job of the Court and/or jury to divide the community property and to determine the character of property in the marital estate. The court’s only guidance by Statute with regard to property is to make a “fair and just” division of the property. Depending on the facts of the case, the property will not necessarily be divided evenly. The Court takes various factors into account such as fault in the breakup of the marriage, age, education, work experience, and earning potential, to name a few. The Courts generally require an inventory of the property. The parties are free to work out their own division of the property and the Court will encourage you to make an agreement on the issue of property division as well. However, all agreements are still subject to approval of the Court.

Support Obligations

The next thing to consider is that a divorce court will ultimately determine the couple’s support obligations, which might include spousal support; however, the award of spousal support in Texas is very rare and only occurs under very specific circumstances. And, if there are children, child support will be awarded to the custodial parent. The amount of child support is statutory and is based on an equation used to calculate your net income. If temporary spousal support is awarded, it is often awarded at a temporary orders hearing on a temporary basis, where one spouse is unemployed or earning significantly less than the other spouse. There are no set guidelines for temporary spousal support, thus the party seeking support should be prepared to show what his/her needs are and what resources are available to the other spouse to meet those needs. Permanent spousal maintenance may also be awarded in certain situations. Child support payments are largely set by state law, however, deviation from those standards are not uncommon. Also, child support orders may depend on the custody arrangements ordered.

Child Custody and Visitation Schedules Lastly

When there are children involved, the divorce court is also responsible for setting child custody and visitation schedules. The court is required to make their decisions based on a set of factors that promote the best interest of the children, which can vary depending on the circumstances. Based on a limited view into the parents’ lives, a divorce court may not always make a decision that serves the best interests of the children when it comes to determining custody rights. Therefore, it is important to consider negotiating a child custody arrangement that is mutually acceptable, as it will benefit everyone involved in the divorce proceedings, especially the couple’s children. Absent an agreement by the parents and sometimes in addition to an agreement by the parents, the Court will insert something called the Standard Possession Order into the final decree. The Standard Possession Order is a set of guidelines based in statute which outlines child visitation standards.

A divorce is a lawsuit

One party is served with a Petition, the other party answers, temporary orders are addressed, discovery is conducted, and, then, the Court enters a final order. Having an experienced attorney guiding you through the process and knowing what to expect serves as a good beginning point for a satisfactory end to your marriage.

About The Author

Brian Smith
Smith and Garg LLC
http://www.smithgarglaw.com

Will of the survivor.

The untimely and unexpected demise of an individual has so many repercussions that would affect not only the property regime of the deceased but also his successors-in-interest as well. So drastic such event in fact, that it could actually be a subject of a lawful cause of action and be available to the deceased’s living survivor.

The old cliché goes, man could live his or her entire life wishing to find the best way possible of providing at least a good life for the heirs he or she would leave upon his or her death. Such goal would be the primary focus for an individual while he or she is having the rest of his or her young life or what is left with it work. However, it is sad to note, that more often than not, and is usually the case, after he or she has gone to his or her rest, those that are left behind have bigger problems to face which he or she did not expect.

Our laws are not wanting on this respect. Actually, we have all available laws that would cover the disposition of the property of the deceased individual from the moment of his or her death. The only problem would be if at the time of death, particularly when it happens unexpectedly, there are issues or adverse claims on how it must be disposed. In this instance, the help of Survivor Benefits Attorneys would be essential.

Survivor Benefits Attorneys know how an individual’s property must be disposed upon his or her death. The amount of inheritance or legitimacy, the capacity of the successors to succeed, and the law that would govern the disposition of the property are all part of the expertise of Survivor benefits Attorneys. Survivor Benefits Attorneys are aware that the deceased individual has lived his healthy life in the goal of providing the best life for those that are left, hence, what they have the strong will to fight for such last will. Any unnecessary and ungrounded claims should be denied and only those who have ample rights, which are established, must be given what are due them.

The life of an individual is so short, shorter would it actually be viewed if after his or her death he or she would no longer be remembered because he or she has no property left, or even a legacy to be proud about. Avoid the occurrence of such situation contact your Survivor Benefits Attorneys in the earliest possible time

Atty Gabriel Cosh is a legal advocate and a practitioner of law for over 10 years now. He is also an expert in the field of social legislation and personal injury cases.

For more information about social security survivors’ benefits log on to

 http://www.mesrianilaw.com/Social-Security-Survivor-Benefit.html

Choosing a Divorce Lawyer

A marriage is not just a bond between two individuals, but also between their families. Hence when a marriage fails, it can be a devastating experience for all involved, especially if there are children to be considered. A divorce can be either by mutual consent or else it could be that one partner has decided to sever the bonds of marriage while the other partner still hopes to carry on or give the relationship another try. It is always advisable to hire the best divorce lawyer to sort out all divorce proceedings, in case, you and your spouse have decided to go on your separate ways. The emotional setback of undergoing a divorce can already be shattering; hence it is best to leave the legal aspects to a qualified and experienced lawyer. The legal nitty gritties and issues can be best handled by a competent lawyer who is used to dealing with the unpleasant aspects of a divorce.

When love goes out of a relationship, matters can turn quite ugly, with the spouses blaming each other for all their miseries. In such circumstance, it would not be possible for any partner to make rational decisions for the divorce. The best divorce lawyer is used to such aspects of a divorce and can act as the rational advisor for the individual, guiding the person through all legal loopholes that may weaken the case for his client. If the custody of a child is involved, it can be a delicate and sensitive issue that needs to be handled with extreme care and caution. The best divorce lawyer will be well prepared to deal with such a situation and convince the judge to take a decision in favor of his client. Another important reason for hiring the best divorce lawyer to represent you in a divorce case is dealing effectively with financial settlement between the spouses.

Major issues regarding the financial settlement can arise if the couple had not gone in for a pre-nuptial agreement. Deciding which assets belong to which spouse can turn quite nasty if much amount is involved in association with the private property and assets which may be jointly or individually owned by the couple. The best divorce lawyer would be well trained in settling the financial terms and conditions to suit his client. This is an important aspect as once the divorce proceedings are through, a spouse may find himself or herself left out in the cold, with no finances to fall back on.

A good divorce lawyer could also act as the much needed moral and emotional support that a person undergoing a divorce might require in times of need. It is therefore advisable to select a lawyer after considering every aspect. A past record of the lawyer with successful divorce settlements should be looked into before you consider hiring him to represent you in your divorce case. Also, a reference from a known person could further add to your confidence in your divorce lawyer. A lawyer and client relationship is based on trust, so be selective while choosing the best divorce lawyer to represent you and successfully handle your divorce case.

This author, Damyel Flower gives legal advice to people in search of lawyers from his site http://www.mtllp.com

What it takes to become an lawyer.

What goes on in your mind whenever you see lawyers being featured in TV programs in handsome suits, sitting in elegant desks on fancy offices, and driving luxury cars?

Have you ever thought about the amount of effort and perseverance they have gone through in terms of money, time, education, and training in order to attain the things that you see they are enjoying? If you have not realized this yet, then it would significantly change the way you think and feel towards your lawyer if you realized just how much hardship he or she has gone through to achieve his or her present status.

So what really makes a successful lawyer who is also expert on his field of specialization?

The course of training undergone by the lawyers:

Requirement in terms of formal education:

- Four years college degree

- Three years in law school

- Pass the written bar examination

Before entering a law school:

- To be accepted in a law school would mean sticking it out with the stiff competition for admission in many law schools.

- In order to succeed in law school, aspiring lawyers must develop a proficiency in the following skills:

o Speaking, Writing, Reading, Researching, Analyzing, Logical thinking

Later on, these skills must further be enhanced when in order for a lawyer to be marked as a success and an expert in his / her profession.

- A multidisciplinary background, notwithstanding the major, is always recommended for a prospective law student to possess. He or she should have taken courses in the following subjects or disciplines for they are essential and useful in the study of law:

o Public speaking, Government, Philosophy, History, English, Foreign languages, Economics, Computer science, Mathematics

Furthermore, law students who are interested in specializing in a particular area of the law need to have a strong background on a related course.

- The applicant must demonstrate an aptitude to the study of law since this is a deciding factor for most law schools in acceptance. This can be determined through the following:

o Good grades in the undergraduate course

o Passing of the Law School Admission Test (LSAT)

o Quality of the undergraduate school where applicant studied

o Work experience

o Personal interview

Upon being a law student:

During the first 11/2 years in law school, students study core law courses and the remaining time, they are given chance to choose from elective courses in specialized fields.

Practical experience is also necessary and mostly acquired by the student by continued participation in |legal clinic” activities and moot court competitions sponsored by the school. These activities enhance the students’ abilities in conducting appellate arguments.

They also get to practice in handling trial cases through apprenticeship under experienced lawyers and judges. Meanwhile the law journal of the school gives them a chance to practice their writing and researching skills.

Upon graduating:

The degree of Juris Doctor (J.D.) is earned as a first professional degree of a graduate of law school. Those who are interested in specializing on a particular area of law, legal researching or teaching may still need to obtain advanced law degrees. This requires them to study for additional semester or another year of study.

Lawyers have the responsibility to continue being informed about legal and non-legal developments that have a profound effect on their practice. Continuing legal education is presently mandated by the 40 states and jurisdictions, this is carried out by most law schools, local, and State bar associations through various education courses that will help legal professionals stay updated with recent developments.

Now we know that being an attorney is such a great responsibility and thus cannot be attained in a breeze, nor is the lavish life associated with being one.

For more information on knowing the qualities of an expert attorney, consult with Los Angeles County expert attorneys at

 http://www.expertlosangelesattorney.com/

How long befor redoing a support order?

How long has it been since your order for support was entered before the court? Have circumstances changed since that order for support was signed by the judge? Has there been a significant change in circumstances such as job loss or job enhancement? Has the need for support increased or declined since the order for support was entered?

If you are like most people, you are currently operating under a support order, which is currently out of touch. Whatever the statutory guideline amounted to at the time the order was entered; it’s likely that the terms are not being complied with, under the terms of the order. For example, if the court ordered that 20% of the payor’s net income go towards the support of the minor child, and the payor has had a significant increase in income since the time the order was entered, the child is clearly not receiving what the court nor the legislature intended the child to receive. Play to counteract this, is to bring a motion before the court for a modification and/or increase in child support. The payor will have to produce proof of income, which can include recent paycheck stubs, the most recent year’s income tax filing, and any other source of income that he or she may have received in the last year. The payor may be willing to submit this information voluntarily or he or she may produce such information only after the filing of a subpoena to produce such documents. In any event, once the information is provided, the attorney for the payee can make an educated estimate of what the proper amount of support calculates to at the present date.

The payee may be surprised to see that the payor’s income has increased significantly. The payor may be shocked that he or she must pay an additional amount per month then what was originally ordered by the court.

The bottom line is that the court and the legislature provided a means to determine the proper amount of support. The court also provided the means to go back to court and have the amount adjusted for present day circumstances. The payor also has the ability to petition the court for a proper reduction is circumstances have changed. The goal is to simply get the proper percentage corrected. The goal is not to provide an arena for protracted litigation on the issue of support.

This article was wrote by David Siegal from

  http://www.divorce-lawyers-newyork.com/

Parole and Probation Officer Roles

The Parole or Probation Officer plays important roles in the criminal justice field. Those interested in this profession will have active and exciting duties to perform. I will be discussing some of those roles and duties in this article.

If you are indeed contemplating a career as a probation or parole officer, below are the duties you can look forward to performing:

1. Don’t let the names or titles fool you. In most criminal justice systems, parole or probation officers perform the same roles and duties. In the few criminal justice systems where their roles are different, the parole officer is involved after the offenders have served some of their time in prison while the probation officer works with those who are given probation sentence. This probation sentence does not require serving some time in prison.

2. The probation or parole officer is involved in pre-sentence investigations. The courts need help when sentencing a convicted criminal. The criminal’s character and records are important. It would be unfair to sentence a person who just committed a crime for the first time to the same sentence as a habitual offender.

This is where the parole or probation officer must help the courts. He or she will investigate the offender’s record. This can be done by talking to friends, family, and digging into public records. The probation or parole officer must then present his or her findings to the court to help guide the court’s sentencing.

3. The parole or probation officer is involved in pre-parole investigations. Again the investigation will involve digging into the convicted criminal’s behavior and record while in prison. The parole or probation officer will accomplish this by talking to warden’s, relatives, complainants, and even the police.

4. The probation or parole officer is involved in the rehabilitation of the parolee. In this instance, the officer must help plan the parolee’s effective re-introduction into society. This will involve helping the parolee acquire job training, job, and social skills by recommending the appropriate resources. The parole or probation officer must also monitor how the parolee in progressing in these resources.

5. Probation or parole officers have the power to arrest parolees or probationers. If a parolee or probationer breaks the terms of the parole and the probation or parole officer feels it has become necessary to send him or her to jail, then they must arrest the parolee.

This means parole or probation officers can carry guns. While they are advised to seek police assistance if the need for arrest arises, there are times police will not be readily available. So a gun may be needed in case the situation becomes dangerous.

As you can see, probation or parole officers perform many roles or duties in the criminal justice field. It will be hard to cover all the duties and roles in this short article. But I think you have enough information to help you make informed decision on this profession. For those that are interested in getting into the profession, now is as a good a time as ever.

Copywrite Kenneth Echie. Kenneth is a writer for http://www.criminaljustice-schools-degrees.com.

Youth and where they fit for SSI Benefits

We are very fortunate that Social Security considers a person of 22 years old as a child. Otherwise, it would be more difficult for those who are of age but are having a hard time adjusting to the responsibilities and obligations of adulthood. It is also fortunate for those who are, even though just starting in life, already falling on hard times.

For SSI, a child is somebody who is under 18 years old and not married or a head of the family. A 22 year old person is also considered a child with the added qualification that he or she is a student who is regularly attending school.

If a person qualifies as a child under SSI Rules, he or she may be eligible for SSI benefits if the child is either blind or disabled.

A child below 18 is considered disabled if he or she has mental or physical impairment which: (1) Results in marked and severe functional limitations; (2) May reasonably result in death; or (3) Has lasted or expected to last for a period of not less than 12 months.

On the other hand, a child who is 18 or older is considered disabled if the child has mental or physical impairment which: (1) Results in the incapacity to engage in any substantial gainful employment; (2) May reasonably result in death; or (3) Has lasted or expected o last for at least 12 months.

Similarly, blindness to be a disability under the SSI means statutory blindness. A person is considered blind for purposes of being eligible for SSI benefit when: (1) the child or adult has a central visual acuity of 20/200 or less in the better eye even while wearing eye glasses or contact lens; or (2) the child or adult has limited field of vision in the better eye in that the child or adult has a contraction of peripheral visual fields to 10 degrees from the point of fixation or the widest diameter of the child’s or adult’s visual field subtends an angle no greater than 20 degrees.

Other than SSI benefits, a child of 22 years of age can also get Medicaid in some states. The reason is that, even though the child is already getting SSI benefits, the child might be in need of Medicaid as well to help pay the child’s medical bills.

If the child is deemed eligible for Medicaid as well, the state has the option to live at home and still keep Medicaid if this will be less costly than having the child in an institution-level care and getting Medicaid also.

If you are a child of 22 and below and is in need of SSI benefits, do not hesitate to contact your local Social Security Office for more information or ask the help of an attorney to assist you in your application.

Atty Gabriel Cosh is a legal advocate and a practitioner of law for over 10 years now. He is also an expert in the field of social legislation and personal injury cases.

For more information about Supplemental Security Income please log onto:

http://www.socialsecuritylawattorney.com/Supplemental-Security-Income-Benefit.html