Why Should We Hire Family Law Practice

Family law can be defined as a practice that is closely concerned with the legal issues that have to do with family relationships like child custody, divorce and adoption. The lawyers who practice in this area usually deal with divorce, child support and so on. There are those that choose to specialize in emancipation, paternity, and adoption or any matters that relate to divorce. Formal requirements have to be reasonable and that is usually determined by the state. This includes things like legal capacity, age and same sex marriages. The state is also responsible for setting out the procedures and the rules that govern divorce as well as other matters related to family law.

Important terms to family lawyers

Emancipation: this is a process of the court whereby a person or a minor is allowed to be self-supporting. This means that he assumes the responsibilities of an adult for his welfare and won’t be under the parents.

Marital property: this is the kind of property that was acquired by a spouse while they were married and that needs to be divided when they divorce.

Alimony: this is the allowance that is given to a spouse for support when they are legally divorced or separated or when they are awaiting either of the two.

Paternity: the descent or origin from father. Establishing paternity means that you are confirming who the biological father of the child is.

Prenuptial agreement: this is an agreement that is usually made between two parties before they get married. Here, future rights to property are given in case death or divorce occurs.

Why hire a family lawyer?

Many of the family lawyers offer their services during divorce proceedings and other matters that may be related to divorce. Family law is a broad practice however, and it includes areas like reproductive rights and foster care. Some of the reasons as to why you may need a family lawyer include:

Divorce: every partner hires a lawmaker who is responsible for the creation of a settlement plan so as not to go top trail. They are usually people who can be able to divide any marital property, proposing child custody scenarios, and also calculating spousal support.

Child support/ child custody: the court orders and agreements on settlement involve support and custody and can be included in divorce cases that are larger. These can be revisited if any conditions change like the financial standing of a parent.

Paternity: sometimes a mother can file such a case as they try to secure some child support payments from the father. Also, a father can file a paternity case so as to be able to have a kind of relationship with a child. DNA testing is used for the determination.

Adoption: foster care and adoption is both complex. The process can differ and usually factors like where a child is from and state laws can affect the process. A family lawyer can be able to handle all these. A foster parent can sometimes adopt a foster child. The entire foster process sometimes doesn’t require any kind of legal representation.

Posted in Law

All You Need to Know About Family Law

Law, the term is associated with rules and regulations that the government of a country sets for its subjects. The subjects or the people who come under this law has to follow or abide by them. If violated, the person can be liable to undergo punishments as the concerned authority will wish them to go through. This is a state law. This has many divisions. Under this, the family law is a part. Law can also be there set by the head of a corporation or an organization. In that case, it cannot be called a state law, it is for the concerned organization. This article will deal in detail with family law. To know more continue reading.

Definition

As the name suggests, the law is concerned with matters regarding a family. It can be the family issues, like relationships, divorce, child custody or adoption of a child. The state is the supreme head who has the final say in such matters. A family seeking judgment must make an appeal before the court of law and have to patiently wait for the proceedings to take place.

Some Common Terms Related to Family Law

Marital Property- The property attained by either of the spouses during their marriage. This property becomes the point of division if they want to get divorced.

Emancipation- If the guardian of a minor dies, and if through court proceedings assumes adult responsibilities and becomes self-supporting for his or her own welfare. In this case, the minor does not remain under the care of his or her parents.

Prenuptial Agreement- An agreement, made before the marriage of a man and woman where they give up any future right to one another’s property in case of divorce or death.

Alimony- An allowance given by one spouse to another to support themselves after divorce or legal separation.

Paternity- This means to establish a confirmed identity of a child with his or her biological father.

How Are the Family Matters Solved?

If there is an issue in the family, which the members are not able to solve by themselves they can seek the local court for justice. In the first place, they must approach a lawyer who deals in such types of cases. Discussing the matter with him or her and taking an advice, one can submit their appeal to the court. The court through its several sittings will listen to the case and offer a suitable solution for both the parties.

Posted in Law

If Traveling to Chicago, Know the Details of Chicago Traffic and Signal Rules

Chicago speed limits vary, and on most city roads it is 30 mph. however, the interstate highways, but for the congested areas accept a 55 mph speed limit. In Chicago at a red light turning right after stopping when there is no oncoming traffic is permitted, yet ensure there are no restrictions posted. In case of doubts, patiently wait for the green. Cameras are installed at most major city intersections to catch drivers running red lights and are the cause to other infractions. Chicago is filled with several one-way streets, particularly in and around, surrounding the Loop, so it is very essential to look for alert signs and also for other cars.

Likewise, the laws for drunk-driving in Illinois is quite strict. Anyone caught with.08 or more blood-alcohol content while driving will have automatically his or her license seized, besides will be issued a ticket. In fact, the home states authorities will also get notified. Drivers having Illinois driver’s licenses may have their licenses suspended on the first offense for three months.

Traveling to Chicago indicates following several rules and one is the passengers must wear seat belts and even children under the age eight may wear the strap in the child-safety seats. This city also does not permit using cellular phones handheld devices and is considered illegal while driving in the city. Of course these restrictions are not the same in the suburbs, it varies. There is a must for the headlights in case you are using the windshield wipers. In Illinois the radar detectors are legal.

Visiting Chicago is interesting, if you are ready to walk short distances. Most tourist attractions are close by that it can be covered by walking or you can use public transportation. But, if you wish to drive here, you must be prepared to accept the rules of Chicago. However Chicago is relatively easy to find your way around as it is logically laid out city. Although there is traffic jams in rush hours and is frustrating as in other large cities, yet you have to accept the fact that the traffic runs smoothly at most day times. Chicagoans are always ready for unexpected delays and one thing is definite that throughout the summer and spring months at least few downtown street or one major highway is sure to go under repair. That is the reason it is commonly told that Chicago has two seasons, construction and winter.

Driving in Chicago, make sure to take a spin along the stretch between the Museum Campus and North Avenue as it is truly stunning. However, do not miss out the posted driving rules. Be prepared always for some taxi occasionally to cut or made an unexpected turn without giving any signal. Generally, on seeing yellow light, the drivers here take speed and so hearing to honking is common, especially if you fail to make a mad dash prior to the light turning red. As expected, the parking price is at premium and street parking throughout downtown is limited for 2 hours, but get a ticket from nominated pay box and stick it to your dashboard.

Posted in Law

Divorce 101 for Filipinos

Here’s a situation: A and B, both Filipinos, went to the United States to get married. After several years, marital troubles started to occur between the couple and after efforts at reconciliation failed, the two started to part ways. They figured that since they were married in abroad, they decided to get a divorce in the US.

Upon return to the Philippines, after obtaining a decree of divorce, A and B mutually divided their properties between them and went their separate ways. Now, here’s where it gets tricky: Apparently, A incurred debts after their ‘divorce’. And now creditors are after not just A’s properties but also that B’s, which left the latter distraught. Is this even possible? Yes.

First things first: Divorce is NOT applicable to Filipinos. Even if the couple successfully obtains a decree of divorce, the same is VOID in the Philippines. In effect, in the eyes of the law, the couple is still legally bound as husband and wife.

Art. 15, otherwise known as the Nationality Principle, of the New Civil Code provides:

Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad.

Given this, the creditors may go after the property of B as the same forms part of the community property of with A. After all, they are still a married couple.

However, Divorce obtained outside the country, may, in certain instances, be recognized in the Philippines. How?

Article 26 of the Family Code, reads:

All marriages solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35(1), (4), (5) and (6), 36, 37 and 38.

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law.

What makes this provision applicable to Filipinos are the presence of the following elements:

  1. That the there is a valid marriage between a Filipino and a foreigner.
  2. That the alien spouse obtains the divorce abroad and such decree capacitates him/her to remarry.

What if the Filipino later on became a naturalized foreign citizen, is this now applicable to him? It depends. In Republic vs. Orbecido III, the Supreme Court ruled that: “The reckoning point is not the citizenship of the parties at the time of marriage, but their citizenship at the time a valid divorce is obtained abroad by the alien spouse capacitating the latter to remarry.”

Posted in Law

F1 Visa Advisor Ideas

Lawyers are able to help you fulfill your fantasy of living and working in the States. Immigration law in U.S. is complicated, dependent on your special situation, the lawyer will able to provide you with the ideal solution. In the last few decades, immigration to Australia has been among the most well-known destinations for Indians and South Asians. Should you go for another citizenship, it is strongly wise to consider Dominica first. Obtaining Israeli citizenship can be accomplished in a variety of ways.

The H-1B visa is valid for 3 years and perhaps extended for another 3 years. Also, as mentioned before, H-1B visas aren’t available year-round for most applicants. The H-1B visa does not need individuals to have a visa stamped every month or two.” If you’re still in the USA on an H-1B visa and would like to stay in the united states for at least six decades, you may apply for permanent residency in the united states to obtain a Green Card.

You may call it visas, you’re able to call it work permits, you may call it anything you desire. This visa is issued depending on the sort of work which you do. This visa is not right for permanent residence, however. With over 140 Australian visas to apply for, it’s important to be aware of the ideal one to choose and the proper way to achieve that. A brief stay visa will make it possible for a visitor to stay in the nation for as many as three months.

Lies You’ve Been Told About F1 Visa Advisor

There are many measures in the visa application approach. Fill an application if you are prepared to start. In the event the application or interview isn’t completed, this could cause a denial of the classification. No matter your reason is, you can require the suitable documentation to enter Canada. Should you not have the right documents to make an application for the visa, the CAS won’t be issued.

F1 Visa Advisor Tips

Obtaining adequate medical insurance for your time in America is critically important remaining uninsured isn’t a valid alternative. Cash payments aren’t accepted. Visa fees connected with obtaining the H-1B visa change from nation to nation. There are various fees based on the kind of H-1B petition you’re submitting.

Now you have taken a wholesome step to validate the requirements, process and interview questions to procure an H-1B visa, it’s the ideal time to begin preparing! There are requirements you have to have as a way to get this visa. There’s a limit on several visas available per fiscal calendar year.

If you could not meet these requirements also, there are chances that you still receive a green card. Visa requirements differ from nation to nation and in addition, it is dependent on your nationality. In addition, there are additional requirements that the visa applicant must establish, such as expertise within the field.

An applicant hoping to procure an H1-B temporary work visa needs to have a petition accepted by the USCIS. Your employer will be able to help you submit an application for a vital Skills work visa. If you prefer to modify employers as soon as you reach the U.S., that employer should be the one to submit an I-129 form. The employers are extremely cooperative when it comes to hiring Indians. It enables the employee to get a visa stamp and work in the USA for that business alone. The employee is subsequently regarded as out of status. Furthermore, you can transfer your employment when your petition was improved.

Posted in Law

Common Benefits Received From Workers’ Compensation

It is common for people who are injured on the job to collect workers’ compensation benefits. The amount of compensation and degree of benefits received by injured workers largely depends on the extent of their injuries or damages. Damages can include but are not limited to pain, suffering, prolonged rehabilitation or illness, diminished quality of life, lost wages, medical expenses, hospital bills, mental trauma, PTSD, and much more.

It is wise to hire a personal injury attorney that specializes in workers’ compensation law to recover the full and fair recompense deserved. Continue reading to learn what type of benefits to expect, or that is possible, to receive after being injured while on the clock.

Workers’ Compensation Benefits

Not all workers’ compensation claims are for physical injuries. Although most involve some sort of bodily harm, mental anguish or trauma can be just as damaging. Sometimes, personal injury cases can involve sexual harassment, discrimination, assault or battery, contracting a work-related illness or disease, experiencing an armed robbery, and more. Either way, the common coverages and benefits received from workers’ compensation claims are as follows:

Paid Hospital Bills, Medical Expenses, Physical Therapy, Medical and Vocational Rehabilitation, Doctor Visits, Counseling, Prescriptions, Etc.

Paid Weekly Earnings for Time Off Work Longer than One Week (2/3 of Average Weekly Pay-400 Week Maximum)

Benefits for Dependents in the Case of a Wrongful Death at Work

Punitive Damages in Cases of Malicious Intent or Blatant Disregard

Compensation for Excessive Pain, Suffering, Loss of Companionship, Mental Anguish, Post Traumatic Stress Disorder, Diminished Quality of Life, Etc.

Travel Expenses (If Applicable)

There are several other types of benefits available to those injured on the job, however, they vary depending on the company’s policies, insurance coverage, the extent of injury, and much more. It is strongly encouraged to discuss your recent work injury with a licensed Indianapolis workers’ compensation lawyer for accurate case assessment and legal guidance. They retain the proper resources, experience, and knowledge to navigate your workers’ compensation claim.

In order to recover the full and fair remuneration deserved to an injured victim and their family, a personal injury lawyer is the path to take. Be sure your personal injury law firm employs attorneys with extensive trial and litigation experience in workers’ compensation cases. This will further ensure you are choosing a lawyer that can successfully navigate your claim and have a better chance of recovering for your damages and losses.

Posted in Law

Copyright Infringement in the Digital World

Downloading files from the internet is not a crime, but if you download files for free which you usually have to pay for, then there’s a problem. The piracy issue occurs when the copyright owners do not get the amount that they are due.

Piracy is the illegal copying and selling of copyrighted materials, but the common misconception is that people don’t think it matters because no one gets hurt. In reality, the evolution of piracy from burning CDs and DVDs to digital copying has affected the global economy. Pirating a physical copy or streaming illegally affects the livelihood of artists too.

Pirated copies are not always great

Most of the time, illegal copies do not have the same quality as the legal content. A pirated movie may have been recorded on a camcorder at the back of a cinema, so the quality is poor. Its content may be grainy or black and white at some parts. Copies downloaded from the internet on the other hand may suddenly stop at some parts and the sound quality can be very quiet and muffled.

Easy digital access

Downloading directly from the computer has become popular among internet users primarily because of the ease of access. Even with the number of sites that offer legal downloads, there are still file-sharing networks that offer free access to copyrighted materials. And it’s sad that many are active in some form of piracy, either through streaming, downloading, or the old school style of buying counterfeit DVDs.

In any case, piracy costs the entertainment industry. It is stealing from the businesses involved in the art. People must remember that nothing is free. Pirate sites make money through subscription costs or advertising when a consumer streams illegal content. The operators of these sites earn from sharing copyrighted materials that they do not own and have no permission to distribute.

How to minimize the problem?

Having internet service providers get on board in helping fight piracy and detect copyright infringements has always been a struggle. It would require content holders to educate people and private entities to be responsible, make them understand the importance of copyright, and encourage them to support different ways to consume content legally like going to the cinema or subscribing to Netflix and other video-on-demand sites.

Piracy may not be easy to kill but it can be reduced. Besides, with all the latest technology coming out, we only need to keep up. Also, there are entities that help fight piracy with the use of software to detect copyright infringements.

Posted in Law

Information About Hip and Pelvis Injury Compensation

The hip is a joint that connects our upper leg bones to our pelvis, giving us mobility. Our hip and pelvic bones are constantly at work for us, even when we are sleeping. Whether managing your everyday responsibilities or relaxing after they’re done, your hips are always playing a role in what you are doing with your body. They are a major component to your body’s overall stability, comfort, and physical capabilities. This explains why injuries to these areas are often very inconvenient and extremely painful.

Although most common in elderly patients, young to middle-aged adults and children can also be at risk for pelvic and hip injuries if they are involved in a serious accident. The most common types of accidents that cause severe pelvis and hip injuries include motor vehicle accidents, slip and falls, motorcycle accidents, pedestrian accidents, and even bicycle accidents. When a person is injured in such an accident as a result of another person’s carelessness, they are likely eligible for legal compensation. At this time, it would be in their best interest to hire an experienced personal injury lawyer for help with filing a claim against a wrongful party. They will develop an impactful case to profile the type of injuries their client suffered, and how it has negatively affected their overall health and quality of life. This will be the foundation of determining the amount of compensation that should be paid to the victim for their losses and damages.

Types of Pelvic Injuries

There are several types of hip and pelvic injuries, all of which are generally accompanied by muscle bruising and ligament sprains as well. They are all extremely painful, and can restrict a person’s mobility for months on end depending on the severity of the damage. Here are some of the most common hip and pelvic injuries seen as a result of negligent accidents:

Dislocations

Hip dislocations occur when an impact causes the ball-shaped head of the femur bone to come out of the cup-shaped acetabulum set in the pelvis. They are a very common injury among slip and fall victims, and victims of traffic accidents. It is unimaginably painful, and renders a victim immobile instantly. It can also cause nerve damage, resulting in numbness of the leg, foot, and ankle.

Hip Sprains

Hip sprains are serious muscle tears in the ligaments that support the hip joint. They occur when the ligaments are stretched past their limit and tear. This type of injury is tremendously painful, and can also result in bruising and swelling of the hip and pelvic area. It can take several weeks to heal, during which mobility is mostly restricted. Slip, trip, and fall accidents are common causes of hip sprains, but they also occur regularly in vehicle accidents and workplace accidents.

Pelvic Fractures

Pelvic fractures are among the most serious hip and pelvis injuries a person can sustain. This is because they have the potential to seriously change a person’s life forever. Some pelvic fractures comes with life-long consequences, or permanent complications. If the injuries are not permanent, they are still extraordinarily painful and are accompanied with months, or even years, of rehabilitation and healing. Painful physical therapy, loss of mobility, long-term medical care, and more are just a few circumstances a patient will face after fracturing their hip. Since the reproductive organs are in this area, more serious pelvis fractures can cause infertility, impotence, and sterility.

Hip Bursitis

One of the most common causes for hip pain, hip Bursitis is the inflammation of the bursa. The bursa is a fluid-filled sac that reduces friction between muscle tissues by providing a gliding surface. Although most cases can be treated at home with proper care and pain medication, they are very painful and can takes weeks or months to heal completely.

If you or someone you love has recently suffered a pelvic or hip injury as a result of a serious accident, call a licensed personal injury attorney to file a no-risk, no-fee claim. They have the proper resources and knowledge to effectively navigate your case and recover the fair amount of compensation you deserve.

Posted in Law

A Myth Regarding Personal Injury Protection

I often get told by my clients that they “do not want to make any claims on their own insurance policy” because “it will raise their rates.” Like many things, this is an insurance tactic meant to scare people from claiming what is rightfully theirs. Let me elaborate further.

Under Texas law, every person in the State must carry Personal Injury Protection (“PIP”) coverage on their auto insurance policy, unless you expressly sign a rejection or “opt-out” of this coverage. The State minimum requirement is $2,500, although many people carry $5,000 or $10,000 in coverage (or sometimes even more, depending on what their auto insurance carrier offers). Importantly, under the Texas Insurance Code, it is illegal for your insurance company to raise your insurance rates, drop your coverage, affect your credit, etc. for making these claims. Therefore, if you have this coverage, you always want to use it.

PIP coverage is meant to reimburse you for two things: (1) medical bills you have already incurred or (2) lost wages (although it will only cover 80% of your lost wages). Additionally, Texas allows “stacking” of insurance benefits. For example, let’s say you get into an accident and you are taken to the emergency room where you incur a $10,000.00 bill. Let’s also say that you have the standard $2,500 PIP policy through your insurance company. After you are finished treating, we send that same $10,000 bill to both the Defendant’s insurance company and to your own. We get you paid $10,000 from this insurance company plus $2,500 from your own PIP coverage for a total reimbursement of $12,500. That’s right, you get paid $12,500 for a bill that was originally $10,000.

I always tell my clients the same thing: If you pay for this coverage every month in your premium, and if your insurance company cannot raise your rates for using it, then why wouldn’t you use it? It is free money falling out of the sky. However, because it’s free money falling out of the sky, many insurance companies (and their agents) will deliberately try to convince you that you do not need it because “it cost more.” Again, this cannot be further from the truth. The cost of this coverage is literally pennies on the dollar for what you get in return should you need to use it. Further, the best part is that this coverage is no-fault, meaning you are entitled to these benefits whether you caused the accident or if someone else hit you.

For these reasons, it is a no-brainer not only to have this coverage, but also to use it once you need it.

Posted in Law

Of Film Festivals, Creativity, and Copyrights

Movies with poor reviews do not necessarily give anyone the excuse to pirate them. Art is subjective and stealing is wrong. These are two truths that should be recalled when dealing with piracy. It is not wrong to share content as long as it doesn’t cross any copyright. Copyrighted materials are certified and protected, and owners have grounds for copyright infringement claim if necessary.

Film Festivals

The world constantly asks for innovation; that’s almost a rule. In film festivals, exploration and development meet. Storytellers who take risks with fresh ideas get to display their original work. It is where indie or independent artists show off their stories without political and commercial pressures, and restrictions.

Film festivals connect artists and audiences in several countries. It is a place where both established and emerging artists show documentary and dramatic films, innovative short films, cutting-edge media and art installations, and live music performances. It brings together the modern day’s most original storytellers and supports engaging programs for students and the community.

Every film festival welcomes distinguished artists and opens great opportunities for students and newcomers. Some movies are even directed by celebrities. For example, “The Company You Keep” was directed and starred by an American actor. This political thriller was well-crafted, and the creator skilfully directed a cast of talented actors. When this TCYK LLC film was pirated, copyright holders tracked the infringers to protect their rights.

Media Copyright Literacy

While you play other people’s intellectual property, it is essential to have a basic understanding of what is legal and ethical. Everyone should learn how to be a good digital citizen and get familiar with the copyright law and respect content creators and their original work.

Upon creation, any work is automatically copyright-protected. When your work is capable of copyright protection, it is likely that you own the copyright. However, copyright might belong to someone else if you have assigned or transferred your copyright in writing. Also, ideas cannot be protected unless it is made into its material expression like a painting, novel, or film. So it is important to transform your ideas in its material form.

Copyright protection applies to all formats whether it’s in print, online, or digital media. While there are organizations that protect freedom of expression and help people understand their rights and responsibilities around copyright law, there are also entities like the owners of the TCYK LLC film that are dedicated to protecting the rights of creators and content owners.

Only the original content holders have the exclusive right to the use of their work. It isn’t fair that other people commoditize from other people’s work without their consent. Copying and distributing others’ work without permission is copyright infringement, which means illegal distributors could be charged with a huge sum for damages.

Creativity is unique, and artists deserve all credits due to them. Some are too passionate about their craft that they don’t mind how their work is being used. Unfortunately, this doesn’t apply to all. Most creators need financial support to make and produce their work. Pirating does not help them in any way.

Posted in Law