What is Common Law Marriage?
A common law marriage is generally defined as one where the state provides couple’s rights and benefits of being married, even though they never obtained a marriage license or had any ceremony celebrating the marriage. Each of the states has its own requirements before it will recognize a couple as having a common law marriage. For example, in Texas, as in most of the 11 states, a couple must have made an agreement to someday get married and then cohabited after the agreement was made. They must also have held themselves out to the public as being married.
In Nevada, it does not matter how long a couple may have lived together, what their future intent is or if their friends think they are married. Nevada does not recognize common law marriage, and a divorce lawyer can’t change the law. If there is no marriage, there can be no divorce. This may create problems when a couple decides to separate, and have accumulated property together. If they have children together there are laws for child custody.
It is important that the charged individual understands that he or she is still innocent until proven guilty. Given that a criminal conviction can result in the loss of freedom and other significant consequences, the courts use the highest burden of proof: proof beyond a reasonable doubt. It is also important to choose the best possible criminal lawyer to defend against accusations and charges. The legal representative should fit the person he or she is representing, and the specific knowledge of the case should be shared between parties.
There are several considerations that a person should weigh when determining which lawyer to select. Some considerations include:
Criminal defendants usually want someone who is experienced in their particular area of law. A person charged with a drug crime, DUI, assault or other specific criminal defense may want to look for a lawyer who has successfully handled cases of this nature.
While a defendant may want to hire someone who seems to be an expert in the area of the law, this can sometimes be a drawback. Some criminal defense lawyers and DUI lawyers seek out as many clients as possible. However, this
With most of the marital assets in his ex-wife’s name, Harry Macklowe was forced to sell prime Manhattan real estate to pay off his debt. The couple is now clashing over control of a one-billion-dollar art collection. Towson divorce lawyers ask how could a couple with so many assets neglect to protect themselves with a prenuptial agreement?
Prenuptial agreements are invaluable for protecting the livelihood of both spouses entering marriage, especially in cases wherein the stakes – or assets – are high. Divorce is rife with emotion – even when both parties agree it is the best option. When feelings are running high, and ex-spouses react out of anger and pain, pre-nuptial agreements can help dissolve assets equitably.
What is a Prenuptial Agreement?
A prenuptial agreement is a contract made by a couple before they marry, addressing the division of their assets and other financial concerns should the marriage end. The foresight a prenup provides can eliminate long and painful litigation if the marriage does not work out. Prenuptial agreements are private contracts drafted by attorneys, enforceable in court.
For couples who maintain a variety of valuable assets, the divorce process may
Every homeless child wants a family and a home where he can be loved and cared, and parents who can fulfill his needs. This article contributes a bit towards bringing such parents and children together by clearing the concept of child adoption.
Adoption is a process where the adoptive parents take up the responsibility of a child and nurture him till he becomes independent enough to lead his own life. It brings a lot of happiness and also certain challenges in their lives. Previously, a couple would consider it if they were unable to bear one. However, in today’s times, the ideas and views towards it have changed tremendously. Every couple may have their own reasons to go for it, but the most common reasons could be:
- Childless couple
- Parents who love children
- Single parents who desire to enjoy parenthood
- Parents who want to contribute to the society
- Parents who have genetic diseases and thus, choose to consider it
The reasons to why children are homeless, and left for adoption can be plenty, whether it is one’s financial state, family issues, or unwanted pregnancy. Children are innocent and bring a lot of joy and happiness into our lives. Yet, they are
Divorce is traumatic, and the broken relationship signals the loss of all your commitments and promises you had made together for your future. You may or may not have wanted it to happen, but the chain of agonizing events it triggers can be hard to deal with. When you got married, you always thought you would spend the rest of your lives together. Never once did you believe that the union would end in a bitter breakup. But life doesn’t always turn out to be a bed of roses. Divorce can be all the more painful when children are involved, for them the absence of a parent from their lives can be very hard. A negative outcome of divorce can be insecurity and the inability to put your faith in the persons you love. This means harboring a twinge of resentment in your heart, and keeps you from opening up to the people who want to help you out in your time of need. This will only plunge you deeper into depression and not help you in getting on with life.
Recovering from a separation depends on your will power and courage. If you think that this is a
The prospect of divorce in itself is a messy affair for those involved. One definitely wants to get it right, as far as the legal aspects are concerned. However, paying for a divorce lawyer is not possible for everyone. Many people lose out on what they are entitled to just because they cannot afford a lawyer who can represent them well in the court of law. The enormity of the legal fees plays a major role for those searching for a lawyer.
Here is where pro bono lawyers come into the picture. A pro bono divorce lawyer is one who fights a divorce case free of cost, or if not, at least at a very nominal charge. Such a lawyer may not specialize in divorce cases, however, he may provide legal services in divorce at no or little cost to individuals or charitable organizations.
Why do Lawyers Work Pro Bono?
Pro bono is the Latin phrase which translates as ‘for the public good’ or ‘in courtesy of the people’. Under the ethical rules of the American Bar Association, every lawyer is recommended to set aside 50 hours of pro bono service every year. Some individual State Bar associations may require its
If all marriages become successful, nobody would ever think of a divorce, and every couple would stay together happily always. But the bitter truth is that it doesn’t happen always. A number of couples, who take oath during marriage rituals to stay together forever, get separated for many reasons. If you are considering of leaving your partner, you should plan in advance. Here are a few tips to assist you finding the correct divorce attorney.
1. Hide from Your Partner
Many married couple mull over quitting their partners at some point. But if you think the relationship can’t be repaired, consulting a divorce lawyer and keeping it secret is a wise decision. We are telling to maintain secrecy not to give your spouse a surprise, rather to stop him from hiding assets. This is so because some partners make their bank accounts empty and hide assets to prevent division and sharing with their spouses.
2. Ask For a Free Consultation
Although many lawyers charge money for an initial consultation, there are attorneys who do it for free. In this initial consultation, you can know him/her well. Ensure he/she listens to your case carefully and
Nowadays, with substantial increase in the divorce & break up rates in our society, couples counseling has become necessary to help partners work out relationships instead of just ending them. It is heartbreaking to see numerous people who invest time in a relationship, give up because of some challenging issues that they cannot work through. Couples counseling focuses on helping couples learn the ways to deal with their problems as well as the art to better communicate with each other. Generally most couples shy away from getting help due to pride, ignorance, or lack of finances to afford it, but the fact is that couples counseling usually offers wonderful results.
Most relationships normally start out wonderfully but over a period of time, the fire can diminish and each partner begins to get resentful, arguments occur, drift, emptiness, and a feeling of boredom ensues. It is remarkable to note that as per research, about 75% of couples that opt for counseling, feel as if their relationship has improved – odds that are substantial enough to get you to try this solution at least once.
Couples counseling is meant to give partners valuable resources
A painful divorce changes everything in life; it changes the way the world looks at you, it worsens your personal & professional life and ruptures your faith on love & relationships! A divorce can get even worse if you are left with a child from your unsuccessful marriage.
Emotional support from friends and family might help you and your child in coping with stress of divorce. But, when it comes to rebuilding both you and your child’s self-worth, relying on the professional support seems more beneficial. Beside professional support, it needs a few steps to follow for reinventing happiness, peace and most importantly, the life:
Help kids express feelings: A divorce can feel like the loss of a parent for a child. It is your responsibility to help your child in adjusting to the new circumstances by valuing their feelings. To do so, encourage them to open up about their thoughts. Remember, you can de-stress your children only by allowing them to express their frustration and sadness. You can inspire trust by showing that you understand.
Spend more time with kids: One of the key responsibilities, as a single parent is to spend more quality-time with
Most people do not have a clue how to find a good lawyer when they need one. Having access to a good lawyer is rather like having a good car mechanic. They’re both hard to find but when you have, you’ll want to keep him for life.
If your legal problem is complex or involves lots of money, you might not want to attempt to handle the entire matter without a lawyer. After all, lawyers do more than dispense legal information. Because it can sometimes be difficult to distinguish a good lawyer from a mediocre one, it is important that you do your research thoroughly.
Locating a good lawyer who can efficiently help with your particular problem may not be easy. Don’t expect to locate a good lawyer by simply looking in the phone book or reading an advertisement. There’s not enough information in these sources to help you make a valid judgment.
Some common reasons you should do to find a good lawyer :
1 . Determine the legal issue and what type of law may be applicable
2 . Set up a face-to-face interview. Always ask an attorney what his fees will be. So, you can avoid
To effectively address the need, a new Code of Conduct on privacy for mobile health applications has been introduced, aiming to provide specific and accessible guidance on how EU data protection legislation should be applied by mHealth mobile developers. On 7 June 2016, the Code of Conduct was formally submitted for comments to Article 29 Data Protection Working Group. Once approved, app developer
s will be able to sign the Code on a voluntary basis and thereby commit to following its rules.
The Code has been drafted to be understandable to non-legal experts such as SMEs and individual developers. Guidance on EU data protection rules is particularly important as app developers design the software which runs on smartphones and therefore decide the extent to which the app will access and process different categories of personal data in the device and/or through remote computing resources. As a result, by following the Code’s provisions and guidelines, app developers will be assisted in making responsible and informed choices which comply with European data protection law.
Personal data includes information on the
What are the Elements of a Trademark Infringement Claim?
When a competing business is using an established trademark or a confusingly similar one, that business is engaging in unlawful trademark infringement. Because branding is such an important part of a business’ identity to consumers, the law provides a venue for trademark owners to seek recourse against infringers. A trademark owner who believes its trademark is being infringed may file a civil lawsuit in either state court or federal court for trademark infringement, depending on the circumstances. In most cases, trademark owners choose to file federal infringement cases. To support a trademark infringement claim in court, the trademark owner must prove:
1) that it owns a valid mark;
2) that it has priority (its rights in the mark(s) are “senior” to the defendant’s rights); and
3) that the defendant’s mark is likely to cause confusion in the minds of consumers about the source or sponsorship of the goods or services offered under the parties’ marks.
When a plaintiff owns a federal trademark registration with the United States Patent and Trademark Office, there is a legal presumption of the validity and ownership of the mark, as well as of the exclusive right to use the
These orders are called by different terms in different jurisdictions. Some call them restraining orders. Others refer to them as no contact orders. In any event, the protective orders are orders made by a state court that instruct someone not to harm another. If the person violates this order, he or she may face substantial legal consequences.
What Protective Orders Guard Against
Protective orders are requested in cases involving domestic violence. A protective order may be issued when domestic violence occurs. This can include physical violence such as hitting, punching, kicking or slapping. It may also protect someone when sexual assault has occurred. Other conduct that may justify a protective order includes restraining the victim, falsely imprisoning someone, stalking or harassment.
Requirements for a Protective Order
In order for a victim of domestic violence to receive a protective order, he or she must establish an imminent threat of danger. Additionally, there must be some relationship specified under state law that justifies a domestic violence protective order. State law may define the necessary relationship as being one between current or former romantic partners, family members, individuals currently or formerly living in the same residence or co-parents of a child.
Factors Courts Consider
When determining whether
When your marriage becomes unviable and you start contemplating a divorce, only divorce attorneys in Fort Worth have the wherewithal to help you navigate those stormy waters. Even though this is an expensive undertaking, you want to get divorce lawyers that can work within your budget. There are a few steps you can follow to increase your chances of landing a good divorce attorney:
Be realistic: Some people may think that settling without involving divorce attorneys in Fort Worth and avoiding paying high fees involved would be the easiest way to deal with a failed marriage. However, being in such a civil matter such can be quite tricky; try and see whether you and your spouse can accept an out of court agreement. The more willing the two of you willing to compromise, the faster and easier the process will become. However, you shouldn’t accept to t be pushed to forfeit something you believe you are entitled and if all your efforts hit the rocks prepare yourself to hire divorce lawyers in Fort Worth.
Know what you to expect: Get clear from the start of the proceedings what you expect out of yourdivorce attorneys in Fort Worth. Discuss details about
Statistics show that most of the court cases are won and lost, on the impression that a judge gets ongoing through the appellate. An appellate brief is a legal document presented before the appeals court, clearly stating all the details of a matter and why the stance of the lawyer is true.
The appellate attorney must put forth his side in such a way, that the judge is persuaded to rule in favor of attorney’s argument. Therefore, the question ‘how to write a legal brief’, should ideally be, ‘How to write a legal detail?’ The term appellate brief is ironic in the sense that, it is quite a lengthy document.
Tips to Write an Appellate Brief Effectively
If you are an appellate lawyer, shouldering the responsibility of writing an appellate, there are few details which you need to be particular about. It is both a responsible and a daunting task to write a winning legal argument. Whether the ruling court is a trial court, intermediate appellate court or a supreme court, the legal brief should reflect the genuineness of your cause.
- The first and foremost concern of the lawyer, in the process of writing a brief should be, thoroughness with
We never say no to an insurance policy, do we? The chances of your house getting burnt or you dying are quite rare, but despite being improbable, don’t you pay a hefty sum towards insurance premium? Then, why not towards prepaid legal service, you may ask. Statistically speaking, the number of times you are going to be sued in your lifetime is surely more than the number of times you’re going to die. So, isn’t a few hundred dollars towards prepaid legal services a good investment, if you’ll be covered against legal issues for the rest of your life? It certainly is, if only you were assured that the legal companies would actually do the work that you are paying them for.
Prepaid Legal Scams
- Scams in the legal issues have been taking place all over the United States with alarming regularity, so it is always good to be a bit cautious. While I’m not discarding the idea of prepaid legal services as an out-and-out sham, there are people out there who are giving this system a bad name.
- Scams may not be illegal, but they may be ripping you off by giving false promises of legal advice and
What Is Drug Trafficking?
Drug trafficking is defined under state and federal law. It involves the selling and distribution of illegal drugs that are defined in criminal statutes. They may include drugs such as steroids, methamphetamine, marijuana, cocaine and other drugs that are sold in large quantities. Even if a person is arrested with only a small amount of drugs in his or her possession for personal use, he or she may still face federal charges for this crime. State law may consider drug trafficking only when larger quantities are involved and classifying smaller amounts as possession charges.
When individuals are found with serious drugs in their possession, certain criminal implications may arise. The United States takes the drug trade very seriously. A defendant may face inflated charges simply for being in possession of certain drugs. He or she may quickly be implicated for this crime even if he or she has no knowledge of the workings of his or her drug dealer.
Penalties of Drug Trafficking
The potential penalties for drug trafficking are quite severe. The punishment is usually based on the type of drug involved and its quantity. It is not uncommon for a person to receive a prison
Filing a Restraining Order
- If you are in potential and immediate danger, call the emergency (911). even in the situation where you are threatened, abused, and/or the matter has ended, call and tell the police that you want to press charges. If at all the case is immediately prosecuted, the court will issue an order of protection immediately.
- Get the family to a safe place and ask for help. People are mostly helpful in such matters and they would assist you in filing a restraining order.
- Approaching the police station would be of help, as the officers there would definitely give more detailed information on how to press charges.
- Call up the local family court (in case of domestic violence) and ask how to file an order of protection. Then, you would need to go to the court and get the requisite documents.
- Next, you would need to fill out the papers properly and carefully. Inclusion of social security numbers, birth dates, date of the incident/incidences of abuse or stalking, witnesses’ names, and if at all there are any evidences, like photographs.
- In the context of a woman being a victim of domestic violence and she has children, the woman can get
As quite a few of us know, Power of Attorney (POA), in civil law system, refers to an authorization to act on behalf of someone, in a business or legal matter. The one who grants the authorization is called the principal or donor, and the one who has been granted the power is referred to as an agent or attorney. There can arise a situation where the principal can change his or her mind, as to who the agent or attorney will be. In that case, having an idea about revoking power of attorney will be helpful.
There a number of websites from where you can download a form for revoking a POA. If you are not too keen on that, you can make your own document or a simple letter. In case you are creating a document yourself, you will have to include,
- your full legal name
- current date
- date when the original power of attorney was put into effect
- the name or names of the people designated as your agent for the original power of attorney.
- statement that you are of “sound mind”
- clear description of your wish to revoke the original document, that is the POA.
Much of the controversy regarding stop and frisk is determining when there is reasonable suspicion. A law enforcement officer may state that a person is suspicious because he or she is highly emotional, appears drunk, is fearful or is angry. Law enforcement officers may also depend on information about the surroundings to explain their reasonable suspicion of the suspect. Such circumstances may include the suspect being present by a crime scene, moving in a suspicious manner or running away from someone. An individual can also be lawfully stopped if he or she matches the description of a wanted felon.
If reasonable suspicion does exist, the law enforcement officer can stop the suspect. Some stops include a show of force, such as the law enforcement officer ordering the suspect to stop and sometimes even physically forcing the suspect to stop. A police officer may also execute a stop by showing his or her authority, such as by displaying a badge, giving the suspect a particular look or using certain demeanor to execute the stop.
A person can be stopped without also being frisked. A frisk consists of a law enforcement officer patting down a subject to determine if he