Archive for the ‘Lawyers – Family’ Category

 

What Does A Paralegal Do?

Thursday, July 4th, 2013

What Does A Paralegal Do? - Lawyers - Family

If you want a career in law but don’t want to be an attorney, you may want to consider becoming a paralegal. Paralegals work closely with attorneys to help win cases. If this sounds interesting, you may be wondering: What does a paralegal do? Read on to find out what types of duties and jobs you could be doing if you become a paralegal.

Preparations

One of the most helpful things that a paralegal does is help the attorney prepare for a trial — whether it be over a contentious divorce or other civil matter. This can include a number of tasks, such as pulling files and statements, contacting those involved in the trial, and even brainstorming with the attorney. A paralegal is also in charge of arranging meetings between attorneys, as well as interviews with witnesses and others involved in the case.

Organizing

Attorneys can be very busy, and they often don’t have time to keep their desks and work areas organized. Paralegals help attorneys by organizing their desks, offices, and even briefcases so they have everything they need when they go to trial. They can even help keep a schedule and remind the attorney about important events, meetings, and trial dates. Staying organized is one of the most important skills a paralegal can have. If the attorney would happen to lose a statement or evidence, the entire case could be at stake.

Filing

If you ask any paralegal: What does a paralegal do? — they will tell that they file, file, file. Paralegals deal with a lot of paperwork and are often in charge of making sure it is filed correctly. If you become a paralegal, you could find yourself in an office or file room for most of your day. You could also be responsible for filing papers and folders with other attorneys and offices.

Paralegals play an important role in trials and cases. If you have ever wondered “What does a paralegal do?” or thought about becoming one, make sure you do your research and are willing to put forth the time and energy it takes to become a good paralegal.

Need Legal Help Or Advice?

Sound legal advice is very important. If you have a legal matter on your hands and need to find a local lawyer who can help, turn to TalkLocal. Unlike leafing through a phonebook, our concierge service will not only pin down three qualified practices in your local area, but also get you on the phone with them so you can make the ultimate decision.

Average Time To Complete A Divorce

Thursday, May 23rd, 2013

Average Time To Complete A Divorce - Lawyers Family

It is tough — or nearly impossible — to calculate an average time to complete a divorce. This is mainly because there is no average divorce — everyone’s situation is different. Some divorce amicably so the process is met with little resistance, while other divorces are rife with conflict and legal motions.

Here is what to expect, along with an average time to complete a divorce, within certain scenarios.

Amicable Divorce

These divorces clip along at a brisk pace. Both spouses are generally agreeable with each other, and various aspects of the divorce (i.e. child custody, alimony, child support) are not contested. Therefore, spouses will not have to take the time to enter court and fight out their legal battles.

In these types of divorces, you can expect to only experience about one to six months of waiting time before the divorce is finalized and completed. This is calculated from the time that the divorce petition is filed in court and served on the opposite spouse. Needless to say, this is the quickest way to part ways with a former partner.

Contentious Divorces

Have you ever taken the time to read headlines of the tabloids and realize that some celebrities have been in the process of divorce for years? That’s because those divorces have been slowed up by constant legal jockeying over property division, child and spousal support, and child custody. Divorces can literally crawl on for years. While it is always important to make sure that you are getting a fair result in a divorce, you must pick your battles. The longer a divorce drags on, the more you will be paying in legal and court fees.

Divorce Mediation

Divorce mediation is when you sit down with your soon-to-be ex-spouse and a third party legal professional and hash out an agreement. Many are turning to this form of divorce because it is very quick (sometimes a matter of hours) and really cuts down on legal fees.

Seek Legal Counsel

Divorce is a complex process and a time where you do not want to make any major errors. Enlisting the help of family lawyers is paramount. They can better explain the average time to complete a divorce along with discussing legal strategy for your individual case. You can find a quality divorce lawyer quickly through TalkLocal. Simply explain what type of professional you’re looking for and we’ll locate them for you!

How To Calculate Alimony Payments

Friday, May 17th, 2013

How To Calculate Alimony Payments - Lawyers - Family

Alimony is spousal support. It is the financial support payment from one ex-spouse to the other. Alimony payments are up to the discretion of the court. The payment will have certain conditions attached, such as duration and amount.  The court will consider the need of the spouse with the lesser income versus the amount to pay from the spouse with the larger income. However, it is possible for a couple to come to an agreement on their own terms without the ruling of the court. In any case, you should prepare yourself by learning how to calculate alimony payments.

Factors Included in Alimony Payment

The judge will consider a few factors when determining the alimony payment. These factors include:

1. Duration of the marriage: Calculate how long the marriage lasted. The longer you were married, the higher the alimony payment. Also, the alimony is more likely to be required if the marriage lasted for more than 10 years.

2. Income of each spouse: If there is a big difference between each spouse’s income, the judge will likely order alimony to be paid. If your marriage lasted 10 years or longer, this increases the likelihood of paying alimony.

3. Age of each spouse: The younger you and your spouse are, the lower the alimony payment, because younger adults have more time to make money and support themselves.

4. Standard of living during the marriage: The court will try to keep you and your ex-spouse at the same standard of living as when you were married.

5. Each spouse’s available assets once the divorce is finalized: The value of assets after the dissolution of marriage will help determine if you and your ex-spouse can support yourselves without the extra financial support of alimony.

6. Why the marriage ended: The court will oftentimes deny alimony payments to an unfaithful spouse.

7. Children: The court could order temporary alimony payments to a spouse that primarily cares for any children from the marriage.

Consult A Lawyer

Research divorce cases similar to yours in order to help you assess your situation. If you are looking for a lawyer to handle your divorce, TalkLocal can help connect you with the best lawyers in your area. We will connect you with up to three lawyers in just minutes – for free!

What Should I Include In My Will?

Sunday, May 12th, 2013

What Should I Include In My Will - Lawyers Family

Writing a will is not an easy task, but one that has to be done it most situations. One of the most crucial questions asked by people who are writing a will is: What should I include in my will? There are several things that are commonly included in wills. Some are necessary and others are only added under special circumstances or at the wishes of the writer. Here are some of the most important things to include in your will.

What To Include In Your Will

The will should be clearly written and contain your own personal information. You never know if someone will want to test the will or claim it was not written by you. Make sure your name, address, and other personal information is included in the will. You also must write that the will is your last one and should replace any other wills that may have been written before it.

– Choose an executor. This is the person that makes sure your will is followed after you have passed away. This can be a friend, family member, or even an attorney. Make sure the name of the executor is clearly written in the will. You should also write in the will that the executor has your permission to manage your estate. Keep in mind that an executor cannot also be a beneficiary of your will; they must be a neutral party.

– Request to have all of your bills and debts paid off at the time of your death. This means the executor will have to use any money in your estate to pay off your debts before the money and assets can be handed out or sorted otherwise.

– Decide how you will divide your estate and assets and choose your beneficiaries. Be very precise and make a list of who should get what. The more details you can give about an asset, the easier it will be for the executor to make sure your will is followed correctly.

– If you have children or pets and you want to make sure they are taken care of after you have passed away, you should choose a caregiver and state this information in your will. This is one of the most important parts of writing a will.

Nobody wants to think about how their family will handle life after they have passed. Writing a will is not only the responsible thing to do, it can also give you and your family peace of mind. Now that you know the important things to add in your will, you can have an answer ready when a friend or family member asks: What should I include in my will?

Seek Legal Help

The process of drafting a will is complex and requires the watchful eye of a legal professional. You can personally find one in your area by using TalkLocal. All you have to do is type in information about the lawyer you are looking for and we’ll track them down for you. It’s that easy.

When Can I Remarry After A Divorce?

Saturday, March 30th, 2013

When Can I Remarry After A Divorce? - Lawyers - Family

Falling out of love can be emotionally and physically draining, as is getting a divorce.  The process can be ugly and frightening. The fighting, the crying, the dividing of assets can all take a lot out of you.  But some people will still find love again and want to remarry.  A common question is “When can I remarry after a divorce?” The process of getting remarried after you have been divorced requires some work, but is not impossible.

Legal vs. Religious Restrictions

Getting a divorce in the first place is a difficult concept.  There are two issues that can come into any divorce: legal and religious.   Because there are sometimes conflicting statements from the two on the concept of divorce, getting remarried can be difficult.

From a purely legal standpoint, anyone can get divorced and remarry.  In the eyes of the law you will be legally bonded to your new spouse if you abide by the rules and follow all of the correct steps in divorcing your previous spouse.  Once your divorce is finalized you can legally remarry anybody that you want.  You should be careful to research all of the rules for getting a divorce for your specific area so that you are 100% sure you are legally divorced. A divorce in not finalized at the final hearing, as most states require a 90 to 120 day waiting period. It also depends on whether or not your divorce was contested or uncontested.  Once the waiting period is over, and all of the regulations have been met, you are legally free to remarry.

Divorce is a little more complicated if you want your remarriage to be recognized religiously.  Most Christian sects do not accept the concept of divorce. Similarly, Indian religions such as Hinduism, Sikhism, and Jainism also have no provisions for divorce and therefore none for remarriage.  Both Islam and Judaism, however, do recognize remarriage as they believe in the act of divorce.  You can remarry as soon as you are divorced in these religions. Overall, you will need to consult with the religious institution to which you belong if you want a divorce and subsequent remarriage to be recognized.

Consult a Lawyer

If you have more questions about getting remarried after a divorce, you could speak with a lawyer in your area.  TalkLocal will connect you with up to three, reputable lawyers in just minutes, so you can get the help you need, when you need it.

At What Age Can A Child Stay Home Alone

Tuesday, March 26th, 2013

At What Age Can A Child Stay Home Alone - Lawyers - Family

For working parents or single parents there may come a time when your child needs to be at home alone.  These children must be mature and ready to handle being left alone.  It requires a lot of strength and trust on behalf of the parent to leave their child at home alone.  So, at what age can a child stay home alone? The specific age a child can stay at home is highly debated.

Factors to Consider

1)     Legal Restrictions: States like Illinois and Maryland have guidelines as to what the minimum possible age is for a child to stay home alone.  You should research the laws in your state, county, or city to make sure you are abiding all of the laws.  If you leave your child alone at home and they are not legally considered old enough, then you could face charges for child abuse or neglect.

2)     Age: You also need to consider the age of your child.  According to generally accepted guidelines no child under the age of 6 should be left alone for extended periods of time.  Even kids older than this need to be considered on a serious level before being left alone.

3)     Maturity: Maturity plays a big role in deciding when it is acceptable to leave your child alone at home.  Some children can handle themselves with more responsibility at a younger age than others.  Many people feel as though girls are more adept to take care of themselves at younger ages than boys.  While girls in general mature faster than boys, it is important to consider the maturity of the individual child.

4)     Circumstances: One last thing you should think about when deciding whether or not to leave your child at home alone is the circumstances. You should consider how long you will be gone, if there is someone close who could check in on them, and if there are emergency plans set.  Leaving your child at home alone is a personal choice so you should weigh your options and think about it seriously.

Further Questions?

If you have more questions about leaving your child alone at home you could speak to a reputable lawyer.  A family lawyer will be able to give you all of the legal details you need to make the best decision for your family. TalkLocal can find a lawyer for you! We’ll connect you with up to three lawyers in your area, so you can get the help you need, when you need it.

What Is A Living Will?

Tuesday, March 19th, 2013

What Is A Living Will? - Lawyers - Family

If you are looking to get your legal affairs in order, you may be asking, “What is a living will?” A Living Will is a legal document that confirms your wishes about life-support in the situation where life-support will not help improve your quality of life. This document states whether or not you would like life-prolonging intervention, such as artificial feeding, in the event that you are not in an appropriate state to make the decision yourself.

Capacity

In order to create your own Living Will, you must first have the capacity to do so. Capacity is a legal term that denotes the ability to make a legal decision. Every person over the age of 18 is presumed to have capacity, unless otherwise determined by a professional. Persons under 18 are presumed to lack capacity unless they undergo an examination by a doctor and are found to have the capacity to make healthcare decisions. In the healthcare environment, capacity means the ability to:

1. Appreciate the nature and implications of a healthcare decision.

2. Make an informed choice regarding the presented healthcare alternatives.

3. Communicate that choice in an unambiguous manner. (There must be no doubt about what you are trying to express).

The Living Will Document

The law requires that a Living Will must be:

1. In writing.

2. Signed by you or by another person at your direction in your presence.

3. Dated.

4. Signed in the presence of two or more persons who are at least 18 years old.

5. Signed by the people who watch you sign your name. A notary public must be present to acknowledge this.

Living Will templates for each of the 50 states are available at www.doyourownwill.com.

Witnesses

The law requires all Living Will witnesses to be over 18 years old. Additionally, the law says that the following people cannot be a witness to your Living Will:

1. The person who signed your living will on your behalf and at your direction.

2. Anyone who is related to you by blood or marriage.

3. Anyone who will inherit from you.

4. Anyone who is legally obligated to pay for your medical care.

5. Your doctor.

6. The person you have named as your Medical Power of Attorney or the person named as successor Medical Power of Attorney.

The Next Step

After you have made your Living Will you should give a copy to your doctor or caretaker. If you do not have a doctor, you should give a copy to someone else to give to a doctor in case you are not able to do so. It is your responsibility to make sure the doctor knows that you have a Living Will. If you have any questions about the process or particulars of creating a Living Will, it is best to consult a lawyer. TalkLocal will connect you with up to three lawyers in your area who will be able to help you.

Why Should I File A Copyright?

Monday, March 18th, 2013

Why Should I File A Copyright? - Lawyers Family

You have worked hard on your creation and it is finally complete. Maybe it is the next Mona Lisa of its time. Maybe it’s the next Harry Potter series of the decade. Whatever it is, you are probably asking yourself, ‘Why should I file a copyright?’ The answer can be summed up in one word: Protection.

Countless people seek out attorneys to help them protect their intellectual property so that others cannot rip it off and benefit financially from that dastardly deed. Here is why you should protect yourself by filing a copyright.

Benefits of a copyright:

What can happen if you don’t file a copyright:

The question you should be asking yourself is not ‘Why should I file a copyright?’ but “How soon?!”

Seek Credible Legal Advice

A licensed professional attorney can provide the answers to all of your questions regarding copyrights. They can even help you determine if the work you created needs a copyright or is infringing on another’s copyright. The best way to get in touch with one of these professionals is through TalkLocal’s free web services. They will find the right attorney for you, in your area, quickly and easily.

End Domestic Partnership

Friday, March 1st, 2013

End Domestic Partnership - Lawyers - Family

If you are in a legal domestic partnership and wish to end the relationship, you will have to do it officially and legally. Depending on the state that you live in, you may just have to file a notice of termination with the Secretary of State or you may have to go through an official divorce or annulment process, as if you were married.

Divorce or Annulment to End Domestic Partnership

If you live in a state that requires you the go through the divorce or annulment process in order to end your domestic partnership, you will have to determine whether you qualify for an annulment, or if you will have to get a divorce. You qualify for an annulment if one party was married or in another legal domestic partnership prior to the creation of your legal domestic partnership. Additionally, if your legal domestic partnership was created under the circumstances of force, fraud, or physical/mental incapacity, you qualify for an annulment.

Differences Between Ending a Domestic Partnership and Ending a Marriage

The laws about the ending of a domestic partnership differ from state to state, but they are typically less strict than laws related to the ending of a marriage. Most states have laws that require married people to live apart for a certain amount of time before they can file for divorce, but this type of law is atypical for ending a domestic partnership. Monetary laws such as tax consequences and spousal (partner) support are usually less harsh or nonexistent.

How to End Domestic Partnership

When a domestic partnership ends, the court will typically divide the assets of the couple. If there are children, custody will be granted to one party and the other will be required to pay child support or alimony. After the domestic partnership has been ended, you may marry or enter into a domestic partnership with someone else.

Providing Notice About the Ending of a Domestic Partnership

After your domestic partnership has ended, you are required by law to provide notice to your employer or anyone else that is providing you with benefits due to your domestic partnership. If you do not notify your provider(s) of benefits within a reasonable amount of time, they may sue you.

Legal Representation to End Domestic Partnership

You are not required to hire a lawyer in order to end your domestic partnership. However, laws about the ending of a domestic partnership are relatively new and vary from state to state, so it is recommended that you consult with a lawyer that understands the laws regarding the ending of a domestic partnership in your state. With the help of TalkLocal, you can receive up to three phone calls in minutes from up to three high quality, local divorce attorneys that will be available when you need them.

Different Grounds for Divorce

Wednesday, February 27th, 2013

Different Grounds for Divorce - Lawyers - Family

If you wish to get a divorce, you can either file for a no-fault divorce with your soon to be ex-spouse or your can file yourself if you can prove that your spouse has done something wrong. You may only site one claim as your grounds for divorce.

If you are filing for a no fault divorce, you will have to site your grounds for divorce as irreconcilable differences, or in some states, irretrievable breakdown of marriage. If you are divorcing your spouse independently, there are many different grounds for divorce, the restrictions of which vary from state to state. Below are some of the most common grounds for divorce.

Adultery

Adultery is when your spouse had sex with someone other than you. This is grounds for divorce as long as you have not continued to live with your spouse for more than six months after discovering your spouse’s adultery.

Abusive and Cruel Treatment

Abusive and cruel treatment is a general term that covers various kinds of bad behavior in a marriage. It can include a range of abuse from physical or emotional to a lack of reasonable hygiene to inadequate sex. You will most likely have to describe your spouses undesirable behavior in 4-6 paragraphs in your divorce petition.

Addiction to Drugs or Alcohol

If your spouse has been addicted to drugs or alcohol for at least two years it can be considered grounds for a divorce.

Long-term Incarceration

If your spouse commits a crime and receives an extended prison sentence, it may be grounds for you to divorce them.

Impotency

Impotency, or the inability to perform sexually, can be considered grounds for a divorce, if you were unaware of your spouse’s impotency when you married them. You will need evidence or testimony to support your claim.

Irretrievable Breakdown of Marriage

If either or both parties are unwilling to cohabitate and continue a spousal relationship, then this can be considered grounds for a divorce. As mentioned above irretrievable breakdown of marriage can be sited in a no fault divorce in some states, as well.

Insanity

If your spouse has been mentally ill for a number of years, you may be able to use insanity as grounds for a divorce.

Additional Help

This is an incomplete list, and the laws of each claim vary from state to state, so you should consult a divorce attorney in order to figure out what is the best claim for your divorce in your state. With the help of TalkLocal, you can be on the phone in minutes with up to three high quality divorce attorneys in your area, that are available when you are.