When To Go To Divorce Court

Posted by on Oct 30, 2012 in Divorce Law | 0 comments

For most people who are going through divorce, going to court is something that one would prefer to avoid, if at all possible. There are many ways to settle a divorce without having to go to court, including having what is known as a simple divorce if you do not have children, or by hiring a divorce mediator. Unfortunately, there may be situations where going to court is unavoidable. When this is the case, it is important to have a reliable lawyer on your side.

When Going to Court is Necessary

Many different situations can mean that court is the best or only option, including:

  • Your spouse has hired an aggressive attorney Usually when one spouse hires an attorney who is known for being aggressive in divorce cases, negotiation becomes impossible. If your spouse has hired a combative attorney, going to court may be the best way to protect your interests.
  • You have discovered hidden assets held by your spouse Sometimes a person’s spouse will attempt to hide assets during a divorce in order to hold on to those assets fully. However, this is unacceptable and should be brought to light in a divorce court.
  • Your spouse has ended all communication Some spouses attempt to cut off communication. In these cases, a court order may be the only way to settle the terms of the divorce.
  • You have a bully for a spouse If your spouse has established a pattern during your marriage of bullying and coercing you in order to get his or her way, it may be difficult to have a fair negotiation of terms without the help of a skilled attorney in front of a court of law.

If you have decided to file for divorce, you need a strong and experienced attorney on your side to protect your rights and interests. Contact a skilled divorce lawyer today to learn more.

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Partition Actions

Posted by on Oct 28, 2012 in Law | 0 comments

Each instance of a couple filing for divorce will be different from any other. The proceedings will depend on a number of variable factors, such as the presence of any children, the length of the marriage, and each persons financial situation. With that in mind, issues that frequently arise during many divorces, like alimony and child-support, are not always necessary to take into account. However, each and every divorce will have some factors in common. One such factor is the equitable, although not necessarily equal, division of the shared assets that constitute the marital property. The difference between the two can be described as an equal, or 50/50, division of property versus one that is fair, or takes into account the financial needs of each spouse.

Details of Dividing Property

Couples who have made the decision to file for divorce may choose to divide their jointly owned assets among themselves, either independently and on their own or through a mediator. Such decisions are not always easy for two divorcing individuals to make. In such a situation they have to option of going to court, in which case the presiding judge will decide how their property is divided. Following are some of the factors that will influence a judges decision:

Current financial situation of each spouse
How each spouse has contributed financially to the marriage
Basic needs, such as education, lifestyle, and health, of each spouse and their children
Arrangements made for child custody
If the couples assets were affected by any misconduct during the marriage

Partition actions may be filed in the event that a couple cannot reach an agreement concerning the division of an asset such a business or other property. Such issues can be difficult to resolve, especially if they arise after a divorce settlement has already been completed. A partition action lawsuit may be filed by one of the owners if they decide to make a significant change, such as selling the asset.

Legal Options

If child custody issues are making the division of marital assets difficult for you and your former spouse during divorce proceedings, you should contact an child custody lawyer who can help facilitate the process for an efficient and equitable resolution.

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Cat Scratch Disease

Posted by on Oct 26, 2012 in Health, Pets | 1 comment

Dog bites are a serious problem in the United States, causing millions of injuries every year, particularly among children. According to tort law, owners are responsible for their dog’s actions in many cases. If a dog owner is found responsible for a dog bite, they may have to provide compensation to the victim. This area of tort law extends to cat owners as well. Although cat owners often have less to worry about when it comes to the actions of their pet, there is the possibility of what is known as cat scratch disease being transmitted from their pet to a human being.

Dangers of Cat Scratch Disease

Cat scratch disease, also known as cat scratch fever is a type of bacterial infection. When a cat contracts cat scratch disease, they can carry the bacteria in their saliva. When a person is bitten by a cat with the bacteria and the skin is punctured, they can easily contract the disease. While many people are able to fight the disease and recover, it can be very unpleasant, causing swollen lymph nodes, fevers, and headaches. In addition, they may need to use antibiotics to help fight the infection. Unfortunately, in some cases, cat scratch disease can be much more dangerous. For those with compromised immune systems, weak immune systems, or auto-immune diseases, cat scratch disease can lead to the development of dangerous conditions such as the flu and pneumonia.

Legal Action

It is important for pet owners to take responsibility for their pets. If someone’s cat poses a threat to those who may have difficulty fighting off infection, they should take action to ensure that their pet does not come into contact with such persons and is treated for their infection. Unfortunately, this does not always occur. If you or someone you love was harmed due to contracting cat scratch disease, you may be entitled to compensation from the pet’s owner. According to your situation, when animals attack, sometimes these situations may lead to premises liability cases. To learn more about your legal rights, don’t hesitate to contact an attorney. According to the personal injury lawyers of Crowe & Mulvey, LLP, ¬†you may be able to file for financial compensation for the injuries that have been caused by the aggressive animal.

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Understanding Cerebral Palsy

Posted by on Oct 14, 2012 in Medical Malpractice, Personal Injury Law, Tort Litigation | 0 comments

For a country with as advanced a health care system as the United States, the number of birth injuries every year is actually quite alarming. An estimate six out of every 1,000 births will result in a birth trauma injury every year with an estimated 10,000 new cases of cerebral palsy every year. Learning that your child suffers from cerebral palsy can be extremely difficult for you and your family to accept. It can be even more difficult to accept after learning it was caused by a doctors negligent actions.

Children who suffer from cerebral palsy are affected a number of different ways and could suffer from a number of different side effects that may require many forms of therapy and various surgeries. When doctors are negligent in the delivery room, they can cause damage to the brain. This damage can cause a number of injuries, including cerebral palsy. If your child has developed cerebral palsy from a careless doctors actions, you may be able to take legal action by filing a birth injury lawsuit.

Common Mistakes that Could Cause Cerebral Palsy

Expecting mothers trust doctors and nurses to act responsibly in the delivery room at all times. Unfortunately, delivery room workers make mistakes, putting innocent children at risk of life-altering injuries. You may be able to take legal action against these doctors if your child has suffered due to any of the following:

* Not using delivery tools like forceps or vacuums correctly
* Mishandling the child during delivery
* Not properly monitoring vital signs during labor
* Not using sterilized equipment

If your child has suffered because of a doctors reckless actions, dont sit back and let them get away with it. Fight for financial compensation to pay for the financial cost of cerebral palsy. To learn more about how your legal options, get in touch with a medical malpractice lawyer today.

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4 Common Field Sobriety Tests

Posted by on Oct 5, 2012 in Society | 0 comments

If a law enforcement officer suspects a driver of driving under the influence of a narcotic substance, he or she might stop the driver and perform what are known as field sobriety tests. These tests are different than a blood sample or a breathalyzer test, which are two of the more common tests of a driver’s level of sobriety. Usually, these tests resemble exercises, involving some form of physical movement and the ability to follow instructions on behalf of the driver who is suspected of drinking and driving, whereas breathalyzers and blood samples don’t require physical movement; they just require a sample taken from the body.

While there are many different forms of field sobriety tests, some are utilized more than others. Although they are used at an officer’s discretion, sometimes field sobriety tests can be less uncomfortable than a breathalyzer exam or blood sample, which can feel invasive for many people. Four of the more common field sobriety tests include:

One-Leg Stand
Walk and Turn
Horizontal Eye Movement Exam
Non-Standardized Tests

These four forms of the field sobriety tests might all be used to gauge a person’s sobriety level. If an officer suspects that an individual has overindulged in alcohol and is driving while under the influence, the officer might arrest that individual.

Field sobriety tests are not always foolproof. Sometimes mistakes happen and a person is wrongfully charged with DUI. Thus, if a person is facing a serious charge like DUI, it’s critical to have an experienced legal representative on his or her side, as these charges might be reduced or eliminated through the court process.

If you or someone you care about is facing charges of DUI after performing one or more field sobriety exams, contact an experienced Rhode Island DUI lawyer today to discuss how you might create a defense against the charges and avoid the harsh consequences associated with a DUI conviction.

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