Category: General Article

Decide Whether Getting a Divorce is the Right Thing to Do

Getting a divorce can be a serious and painful process. Taking it lightly, especially if you have children, may not be the best thing to do. Weighing options before contacting divorce lawyers in Gurnee IL can help you make an informed decision.

Perhaps you and your spouse could benefit from a legal separation or annulment. Below is some information on what divorce can and cannot do.

How Can a Divorce Help Your Situation?

Basically, a divorce is a legal process that ends a marriage and determines who gets what. This includes any property accumulated during the marriage. If you have children, a divorce lays out the conditions for how they are cared for by you and your ex.

What a divorce does not do is resolve the emotional pain that comes with splitting up. This is especially true if you are dealing with an affair or your soon-to-be ex decides to move to another state.

It might be difficult to maintain your standard of living after the divorce. You may also find the person you loved refusing to maintain civil relations.

The Difference Between a Legal Separation and an Annulment

Maybe you can appeal to your spouse to get a legal separation instead of a divorce. You might have already decided to stop living together, which is considered a separation. However, a legal separation is similar to a divorce.

Typically, you must file a petition with the court to get a legal separation. Technically you are not divorced, but your responsibility for your spouse ceases. This might be a better option for financial reasons.

With an annulment, there is a legal declaration that the marriage was never valid. This might apply if you married while both you and your spouse were minors and your parents did not give proper consent. Legal grounds for an annulment include impotence, mental illness and fraud.

Deciding if Divorce is the Right Solution

Marital counseling might be a good thing to do before deciding to get a divorce. Considering the emotional consequences for your children may also inform your decision. The important thing is believing you are making the right decision.… READ MORE

Understanding the Valuable Role of Expert Witnesses

Expert witnesses are called upon to give their expert opinion about the information that is being provided during a legal proceeding. They may be used at mediations, tribunals, as well as other forms of litigation. A witness to a fact does not give their opinion. They usually give evidence that a particular fact took place. Expert witnesses will not only give evidence of facts, but they are also able to provide opinions about the evidence based on their expertise.

Expert witnesses are called such because they have an understanding of the field that is being discussed that goes beyond what an everyday individual would have. For example, a financial expert witness would have a better understanding about certain financial issues than the common man on the street.

An expert witness may give their opinion either in a written form or as evidence for a court. In court, a fact is not considered a fact until it is proven or in other circumstances disproven. Either way, the evidence that is presented must be incontrovertible. This is where the work that an expert witness does comes to the fore.

In many cases, the evidence that is given by an expert witness can be used to tip the balance of a case. Expert witnesses can cause a jury to decide for or against a particular judgment. An expert witness is more than just an expert in their field. An expert witness has the skills and abilities needed to present information in a courtroom. This means that they are able to communicate well, they are able to write a report, and they are able to follow the instructions provided by the judge during a legal proceeding.

Expert witnesses should be able to present complicated ideas in a methodical way using evidence and facts. They should be able to discuss complicated topics in a way that is easy for individuals who have not studied the subject to understand. This makes the skills of an expert witness valuable.… READ MORE

Tips for Terminating Parental Rights

When a child is born, the mother has the legal right to put the names of two parents on the birth certificate. If you later have custody of your child and wants to terminate the rights of the other parent, the court may allow you to do so. Termination means that the parent no longer has any rights to the child and allows another person to legally adopt that child. Terminating parental rights is not as easy as it might sound on paper though, which is why you may want to know what to do and how you can make the process easier for you.

Proving Negligence

One thing you must do is prove that the other parent behaved in a negligent manner. Courts can terminate parental rights because of custody cases involving abuse or other serious crimes. If you want full legal custody of your child, you must show a valid reason why the judge should terminate the rights of your old partner. The court may do so because the parent was never in the child’s life or because that individual never supported the child. You can also show proof that the parent has a history of criminal activity that can damage your child in the future.

Signing Away Rights

If a parent decides that he or she no longer wants to be a parent, that individual can petition the court and ask the judge to let the person sign away his or her rights. This will only happen if the custodial parent agrees. Most courts will only let a parent sign away rights if the child has a support person in place and someone who will take on the role of a second parent. This is common in court cases where the custodial parent remarried and the new spouse wants to adopt the child. Signing away parental rights means that the parent is no longer responsible for child support and may not be responsible for any back child support. With a family law attorney St Louis parents can find out more about terminating parental rights.… READ MORE

Child Support Important Part of Family Law

There are few issues in Family Law more complicated than the matter of Child Support Payments. On the surface the issue looks simple; both the primary custodial parent and the non custodial parent should have a responsibility to contribute to the financial success of the child. Therefore the noncustodial parent is often assigned to contribute a degree of financial support to take care of children’s needs.

Not Always Cut and Dried

There are of course, few easy answers in life. Noncustodial parents paying child support can run into difficulties with their finances like anyone else. In extreme cases, this might lead to unfortunate circumstances such as a failure to meet the obligation, leading to incarceration. Incarceration might lead to losing employment, which leads to further inability to meet the legal obligation. This is a textbook example of a vicious cycle.

Beyond the Stereotypes

Television, whether in the form of movies, news stories, or broadcast series, loves to play at these extremes. The stereotype of the “Deadbeat Dad” wars with the one of the “Lazy Mom Who Just Wants Money.”

In reality, these stereotypes do not reflect the truth of nearly any legal situation. In most cases, parents want to do well by their children, and take their obligations in this regard seriously. The legal landscape is simply a complicated one to navigate, especially amid the trying circumstances of an emotional divorce.

Legal Professionals Can Assist

There is an extensive body of accepted case law regarding Family Law in general, and child support payments in particular. There are precedents for modifying the financial obligation from noncustodial parents. These precedents take situations like financial standing and employment into account, and can help both parents come to an agreement regarding both the needs of the child and the abilities of the respective parents.

Steven J. Glaros and Associates are one example of a law firm specializing in Family Law Pasco County residents can contact for assistance in these circumstances.

Good Parents Need Good Advice

An attorney or law firm specializing in Family Law can help people in an emotional and financially difficult situation navigate the complexities of Child Support Payments. Moving past the stereotypes of television and into a clearer understanding of the law and its options is often the best decision, for both parents and their children.… READ MORE

What Happens if You Cannot Make Bail in a Criminal Case?

When the police arrest you and take you to jail, the court must set your bail before you can leave. The court will typically base your bail on factors that include the severity of your crime and the risk that you will not return for your hearing. The amount that you must put up can range from a few hundred dollars to $100,000 or more. You can learn what happens if you cannot put up the full amount that the court asks for on the spot.

Back to Jail

If you cannot pay your bail and do not have anyone who can help you, the court will send you back to jail. You will remain in jail until your next hearing. Though Americans have the right to a speedy trial, many people in jail will waive their rights to a speedy trial because their attorneys ask them to do so. This gives you attorney more time to work on your case, which may result in you getting out faster and without serious charges appearing on your record. You may spend weeks or even months in jail before facing the judge again.

Get Bail Help

Very few criminals have the cash necessary to pay their bail, which is why they turn to bail bonds companies. These companies will agree to put up your bail on the agreement that you will return and face the judge later. You usually need to put up some form of collateral to secure your bail, which can be a home or a vehicle that you own. Your loved ones can put up their own homes and properties for you. Bail bonds companies usually only ask for 10% of the total amount put up in your name.

If you do not appear in court, the judge can issue a warrant for your arrest. The company that put up your bail can send a bounty hunter to find you too. To find answers to any other questions you have about bail and how it works, click here to learn more.… READ MORE