Questions To Ask Yourself When Considering Divorce

The decision to end you marriage is one of the most complex ones. It should only be made after you have prepared your mind to control your entire life responsibilities in a mature manner. Remember, though separation is a one-time process, it would bring about long lasting consequences for you as well as your children.

If you are considering divorce with our spouse, ask yourself the following questions before you make the final decision:

• Do you want a divorce or need to patch-up?

Most couples who make rushed decisions to end their marriage do not take the time to evaluate their thoughts and feelings. Give yourself some time and think about the difficulties you are facing in marriage. Analyze if those things are too worse to need a divorce or is there any way out to deal with them. Discuss these issues with our partner and see how many of those you are able to mutually resolve.

• What role did you play in your difficulties?

No matter how bad the situations may be, determine if you honestly tried your level best to cope with them. You are not responsible of your partner’s behaviors but, you are however responsible for yours. Your positive contribution can go a long way in resolving the issues arising in your married life.

• How will you pay for expenses during the divorce?

Divorce process involves lots of financial expenses. Before you file the case, make sure you have sufficient funds to hire a divorce lawyer. List down the funds and properties you have to manage your finances accordingly.

• Are you prepared to keep your emotions out of the divorce process?

If divorce is the only option you have left with, prepare yourself to be emotionally strong. Going through the process will not be so easy. There may be a lot of difficult situations you have to go through. So make sure you are prepared to face all those situations boldly.

• After divorce, will you be able to maintain your lifestyle?

Make sure you have funds for your basic living. Ask yourself whether you are mature enough to take all the responsibilities of your life and make financial decisions. You will need to pay your home’s rent, children’s education and maintain your household.

Mistakes To Avoid When Arrested For DUI

Getting arrested for DUI is a serious offence in Killeen, TX. It is imperative to hire an experienced lawyer who has handled DUI cases in the past. State laws can be complex and it is not possible for a layman to go about the legalities properly without the assistance of a DUI lawyer.

In case you are charged with a DUI offence in Killeen, there are certain mistakes that you need to avoid. Some of these are:

• Not telling the truth: Lying to the police is one of the most common mistakes that people commit after getting caught for DUI. The arresting officer may inquire about the validity of your license or if you have been drinking. Except telling your complete name to the police, you can choose to remain silent on all other queries. This way, you can avoid giving any statement to the police that can be later used against you in the court.
• Waiting for too long to hire a lawyer: It is essential to get in touch with a DUI lawyer as soon as you are arrested. Your lawyer will be able to evaluate the case and assist you in the best possible manner. A DUI conviction can lead to many long term consequences, so make sure you hire an attorney to get the charges dismissed or minimize the penalties that you may have to face.
• Not understanding the testing procedure: There are certain standardized tests that may be conducted by the police to establish that you have been drinking under the influence of alcohol. These may include a field sobriety test, breath analyzer and possibly a blood or urine test. The results of these tests may be used as crucial evidence against you in the case. Therefore, it is strongly recommended not to undergo any test in the absence of your lawyer.
• Resisting arrest: If the officer thinks that he has enough evidence to arrest you on the grounds of DUI, make sure you do not resist getting arrested. Refusing arrest can only make your case weak and the lawyer may find it difficult to prove your innocence.

It is important to hire a DUI attorney who can objectively evaluate the intricacies of your case and work towards protecting your legal rights.

How To Choose A Divorce Lawyer

It is important to choose a good divorce attorney as the issues related to divorce may turn out to be quite complicated and need to be handled skillfully. The attorney you select should be able to deal with the complexities of the case and resolve it while keeping your best interest in mind.

Here are some of the tips on how to choose a divorce lawyer:

• Referral: Take advice from your friends, acquaintances and relatives about the divorce attorney. If you or someone from your family has already worked with a divorce lawyer, it can be of great help. You can also search online for divorce lawyers in your area. Go through their legal expertise and client testimonials to determine if he can represent your case.
• Meet different lawyers: Arrange meetings with a few lawyers to know about their experience and practice areas. Ask them about the type of divorce cases that they have handled and what their outcomes were. You can also ask for references of some of their previous clients. You must choose a lawyer who makes you feel comfortable and with whom you can easily discuss the details of your case.
• Cost: Before contacting any lawyer, you need to understand your budget. Lawyers charge differently depending upon their experience. Some lawyers may charge on hourly basis while others may ask for a fixed amount. Understand the variables involved in your case and select a lawyer who fits within your budget. However, you must not choose a lawyer based solely on the cost factor. The quality of representation you receive is equally important for a favorable outcome of the case.
• Personal compatibility: You must feel comfortable communicating with the divorce lawyer. Right from the first consultation, you should be able to open up about the intricate facts of your divorce case. Trust your instincts and choose a lawyer who is willing to listen to your opinions and expectations from the case, without any subjectivity.

The above points will surely make it easy for you to choose the right lawyer for your divorce case.

Things To Avoid Right After A Car Accident

Road accidents can occur at any time, despite being a competent driver. Committing some common mistakes after an accident can get you involved in legal hassles and lower your chances of getting insurance coverage. Here are a few things that the lawyers advise to avoid immediately after a car accident:

• Leaving the accident scene: You must remain at the site even if the accident is minor one. If you leave the scene, you may be charged with a hit-and-run case, which involves heavy penalties, particularly if someone is injured. When involved in a car crash, stay there and render help to the other driver and injured passengers.
• Ignoring any injuries: Considering any injuries as mere bruises or blow is a big mistake. It is essential that you seek medical attention soon after the accident, as you may have some internal injuries. Evaluate your injuries, as the accidents can be quite traumatic at times. Internal bleeding or any closed fractures can worsen with time, so you must seek immediate help.
• Not calling law enforcement: Whether the accident is minor or major, report it immediately to the law enforcement agency to record the statements. If someone is seriously wounded, call 911 immediately. Not involving the police and settling the incident with the other party is a mistake that you must avoid. If you will not report the accident, the insurance company cannot initiate the claims process due to lack of evidence of injuries and damages.
• Avoid calling the insurance company: It is advisable that you do not call your insurance company immediately after the accident, as you may be emotionally disturbed and stressed. Get yourself examined by a doctor to know if you have any serious injuries and consult your lawyer before calling the insurance provider.
• Avoid admitting the fault or taking any responsibility: If you apologize to the other driver, it shows that you are taking the responsibility of whatever happened, which is enough for the insurance company to refuse your claim, so make sure you do not admit any fault.

Divorce Terminology

Divorce proceedings can be challenging and emotionally taxing for anyone. When one has to deal with a divorce, he needs to understand different terms often used by the lawyers as well as the court. Knowing the divorce terminology makes it easy for you to understand the procedure well.

• Petition: It is a document filed by the person who wants to seek divorce from the court. It is also known as petition for dissolution of marriage. The document mentions the relief wanted by the petitioner.
• Interim Order: Interim order is a temporary order made by the court that lasts until the final order or a hearing is made. For example, a custody order that specifies who has the responsibility of the child until the final decree is issued. A non- permanent restraining order prevents a party from disposing of the property.
  Spousal Support: Spousal support is also known as Separate Maintenance Payments or Alimony. The court may order a spouse to pay financial help to other partner to whom support is owed.
• Equitable Distribution: Divorce often requires the couple to divide the property acquired during the marriage equitably. This means the assets and debts are divided fairly depending upon the earning capacity of the parties and the duration of the marriage.
• Custody: If the couple has a child, the court decides who will be responsible for him, which refers to the custody of the child. The custody can be joint or sole. In joint custody, both the parents contribute to the upbringing of the children and one of them is awarded primary physical custody with whom the children live. The other parent gets the visitation rights. In case of sole custody, only one parent gets the right to make decisions regarding the child.
• Child support: The parents are legally obliged to support their children. During divorce, the court may order the non-custodial parent to pay child support to the custodial parent. In case there is joint custody, the parent who has primary physical custody will get the child support from other parent. Every state has different set of criterion to determine the amount of child support.
• Arrearage: The amount of money that is due for spousal or child support.
• Decree: Decree is the court’s decision or written order finalizing the divorce.
• Dissolution: Dissolution or divorce is legal termination of a marriage.

When you seek to end your marriage, it is advisable to hire an experienced divorce lawyer who can guide you through each step of the legal process and help to protect your rights.

What A Divorce Lawyer Can Do For You

Divorce is undoubtedly a life-changing decision that brings along huge stress for both spouses. It is essential to contact an experienced divorce lawyer to explore the best options and reach conclusions that are in your best interests. He can help you make informed decisions and resolve other divorce related issues. Here are some ways a divorce lawyer can be helpful.

• Understand the divorce procedure: A divorce lawyer can help you understand every step of the divorce proceedings. He will thoroughly analyze the case as well as the relevant precedents to determine the potential outcomes. He will also let you know about the questions that can be asked by the prosecuting attorney and the right way to answer them.
• Answer your queries: Your divorce lawyer will clear any doubts that you have regarding the case. He will answer all your queries and concerns about divorce, child custody, alimony, child support, property division etc. The lawyer will also help you understand the divorce laws and keep you updated about the case proceedings.
• Handle paperwork: A lawyer will file the divorce petition in the court and dispatch summons to the other party. If your spouse has filed for divorce, your lawyer will be responsible to submit a response. He will also take care of all the paperwork such as motion for custodial support, temporary visitation arrangements, asset disclosure etc.
• Mediation: Another important role played by a divorce lawyer is acting as a mediator. He helps in resolving the disputes between you and your spouse so that a conclusion can be reached with mutual consent.  During mediation, he ensures that both the parties agree upon a fair decision and that your rights are fully protected.
• Protects the interests: A divorce lawyer helps to protect your best interests regarding your assets and spousal alimony. He ensures that the earnings are equitably distributed and you receive a justified amount for alimony as well as child support.
• Settle issues related to child custody: If you have children, then the divorce lawyer helps you settle issues related to child custody. He negotiates the child visitation rights and various reliefs that the law grants. He prepares temporary visitation orders and custody arrangements.
• Attend court hearings: Your lawyer will handle the court trials, maintain files and copies of all the documents that need to be presented to the judge. He will keep you informed about each step and try to expedite the finalization of the case.

By hiring a divorce lawyer, you can eliminate the need to deal with the complexities of the case and make decisions that can have a positive impact on you or your child’s life.

Questions To Ask Before Hiring A Personal Injury Lawyer

If you have suffered a slip and fall injury or hurt yourself in an auto accident, you must hire services of a personal injury lawyer. However, it is critical to choose the one who can keep you rights protected and work with your best interests in mind. During the initial consultation, you should ask the attorney various questions about his legal experience and qualifications. Communicating with the lawyer will help you decide whether he can handle your case efficiently or not.

Here are some questions that you should ask a personal injury lawyer:

• What is your specialization?

In order to get the best representation for your personal injury case, you should consider hiring a lawyer that specializes in legal matters like yours. This will ensure that the lawyer is familiar with the concerned laws and provide appropriate guidance.

• Have you handled a similar case before?

You must ascertain that the lawyer has the potential to handle your case well, you make sure that he is experienced. Choosing a lawyer with considerable experience in handling similar cases is always beneficial.

• What were the results of the cases taken to trial?

Make sure that the lawyer whom you select has a trial experience. Most of the lawyers cite past trial results on their websites, so you can either check out the website or ask the lawyer to provide it to you.

• Will you provide me regular updates? Can I contact you directly whenever I have concerns?

For a successful professional relationship, you must feel easy while working with your lawyer. A good lawyer will provide you regular updates about your case and keep the communication lines open. You can expect him to provide a prompt and honest to all your queries.

• Do you have adequate staff to work on my case?

The personal injury lawyers who have a lot of cases might not be able to pay individualized attention to each client. It is, therefore, important that the lawyer should have sufficient paralegal staff. Ask the lawyer about the details of the staff members who will work on your case.

• What is your contingency fee?

Personal injury lawyers often charge on contingency basis, which means you do not have to pay any legal fee unless there is a successful settlement of claim. Make sure you choose an attorney who works on a contingent fee basis and never charges upfront fees. Make sure you understand how the fee is calculated.

• What is the expected outcome of my case?

A lawyer can give you an idea about the worth of your case, which is based on liability and known medical issues. Your lawyer will explain the legal proceedings; however make sure you choose a lawyer who gives you a clear picture about the case.

Choose an attorney who offers satisfactory answers to your queries and assures complete legal assistance support throughout the trial.

Types Of Personal Injury

Personal injury involves lawsuits that allow an injured petitioner to file a claim for damage caused due to someone’s deliberate or negligent behavior. The damage can be medical bills, lost wages, recovery expenses, compensation for pain, suffering, loss of consortium, reduced ability to work, diminished quality of life etc. There are variety of situations that may lead to personal injury but not all can be held as a ground for a lawsuit.

Here are some of the most common types of personal injuries that entail liability of the party at-fault:

• Auto Accident Cases: Car accident cases cover a major part of all the personal injury cases filed in the US. When an accident occurs, it is usually because a person is not following the traffic rules or is driving carelessly. Thus, he may held responsible of the injuries suffered by the other party and recompense the damages.
• Slip and Fall Cases: These accidents are another common type of personal injury case and are based on premise liability laws. Property owners or tenants (in case of a rented property) have a general responsibility to keep their premises properly maintained to avoid injury to any visitor. If they fail to maintain proper safety standards and their neglect causes you to fall and suffer an injury, they can be held legally responsible and pay for your damages.
• Defective Product Cases: These lawsuits involve the use of substandard products that have caused personal injury or death. These cases may fall into three categories, defective manufacture, improper design or inadequate instructions. To receive compensation for the plaintiff, the product liability lawyer will need to prove that first, the product was certainly defective and second, the injuries are caused by using the product.
• Animal Bite Cases: In most cases, if a dog bites a person, the owner can be held liable to pay for the injuries suffered by the victim. Even if the dog has not shown aggressive behavior earlier, it is the owner’s responsibility to pay monetary compensation for the plaintiff’s medical bills, lost income, pain, suffering and property damage.

If you have suffered a personal injury, it is advisable that you hire an experienced lawyer who can represent your case in the court and get you the maximum amount of claim settlement.

Things Your Lawyer Needs to Know about Your Child Custody Case

A child custody case is usually very overwhelming for a parent. However to ensure that you get the custody of your child, you should share all details with your lawyer and be honest with him.

Here is the list of the things that your lawyer must know about the case:

• Details of the child in question: Your lawyer must know the simple details about the child in issue. The lawyer will use these details to determine what type of investigation should be carried out to support your case. Your lawyer needs details such as your child’s day care, school, and day-to-day activities to determine the best approach to establish your case in the court.
• Detailed information about the opposing party or any caretaker: To establish the case in your support, you must provide sufficient details about the other parent or opposing party. The information helps the lawyer prepare a visitation schedule that he will propose in the court. The lawyer needs to know where the other parent lives, works, what type of work he or she does, and whether the other parent is living with any other children or adult or has married. The court is interested in knowing how the life of the child will affect or to whom the child is exposed.
• Addresses where the child lived in the past: For building a case in favor of your custody interests, your lawyer must know where the child has been residing over the last few years. If the child has relocated frequently and lacked stability in these years, your lawyer can use the information for building strategic arguments.
• Incidents of domestic violence: Your lawyer needs to know if you have been involved in any incidents of domestic violence or a case has been registered against you. The court is also interested in knowing whether the charges were levied by the other parent or were made on behalf of the child.
• Details of any other cases involving the child: Keep your lawyer informed about any other cases involving the child such as child support case, juvenile delinquency, or abuse or neglect case, as the court often combines the cases. These cases greatly affect your case, as the court looks at the facts and the situations of the parent and the child.
• Previous child support orders: Inform the lawyer about any child support orders that you received before and how you are dealing with it as he can help you renegotiate the order.

The child custody lawyer may ask you many questions to ensure that he or she can prepare an argument favoring you. Make sure you answer the questions truthfully so that your lawyer can help you get the custody of the child.

Factors Used To Determine Child Custody

When a divorce takes place, there are a number of important issues that need to be resolved. However, one of the most critical and sensitive matters is to determine the custody of the children. Even in a collaborative divorce, working out which parent will be responsible for the upbringing of the child is quite stressful. Both spouses are always encouraged to mutually agree on the issue of child custody. However, if this is not possible, the court may need to get involved to make a decision.

There are numerous factors that affect the verdict regarding child custody. Generally, the main goal of the decision is to provide a safe and secure environment for the child to live and flourish. Some of these factors are:

• Consistency: While making a decision, the main focus of the court is not to disrupt the child’s life. Thus, it takes into consideration the previous home environment and the primary caregiver. For instance, if the mother has been looking after the child, giving the custody to the father would be upsetting and distressing for the child. Also, if the child will be living in a new home, its location, accessibility to school, parks, healthcare facilities will also be considered.
• Parental Fitness: Although the physical impairment of a parent is not considered by the court, his/her ability to look after the child properly is definitely a determining factor. The judge carefully analyzes the physical, emotional and mental well-being of each parent. If any of the parties has a previous criminal or felony record, getting a verdict in his/her favor is a tough task.
• Maintaining family relationships: The one who is more likely to encourage a healthy and long-term relation with the other parent has more chances to receive the custody. A history of interference in visitation rights can also be detrimental to your custody petition.
• Child’s Preference: Depending upon the age of the child, the court may also ask about his likes and preferences. However, this not the sole evaluator for the decision. The judge may consider the child’s choice in conjunction with other factors.

In addition to the above mentioned, there are various other factors that are used to determine child custody. These may include history of substance abuse or assault, parenting skills, child’s physical and mental vulnerabilities, relationship with either parent, and sexual orientation of parents’ etc.