Is Divorce Mediation Right for You?

Divorce mediation can be an ideal solution for couples who wish to part ways amicably or who simply wish to negotiate together with a mediator rather than through multiple attorneys. Mediation isn’t always possible, but it could be ideal for you and your soon-to-be-ex under certain circumstances.

Trust

Negotiating issues like the division of property and assets can be terribly difficult if you don’t trust your spouse. Mediation works best when both parties can trust one another to focus on being fair. If you think that your spouse lacks goodwill or cannot be trusted to act in a fair manner, mediation might not be the best route you can take to achieve a fair settlement.

Ability to Negotiate

When both spouses are able to negotiate for themselves, mediation can be a great way to collaborate about issues relative to the divorce. If, however, one party cannot easily stand up for themselves or feels intimidated by their spouse, mediation isn’t the best plan. In marriages where there is a serious imbalance of power, it’s better for the less-confident party to find representation that can better represent their interests and negotiate divorce settlement for them.

Transparent Actions

If one or both spouses will not be transparent regarding information, negotiating will prove difficult without the support of the courts or lawyers. If, however, you and your spouse can present all information openly and honestly, you will find that mediation can be quite effective for you both.

Rights Are Understood

For mediation to work, both partners need to be aware of their rights. Mediators are there to help both parties arrive at an understanding regarding various settlement issues, but both parties must also be able to advocate for themselves with knowledge about their rights in the division of assets or custody, for instance.

Communication Ground Rules

For mediation to be successful, both spouses must be able to adhere to communication ground rules. First, both spouses must agree to participate actively in the mediation process. Spouses must also agree to speak without inflammatory remarks and avoid personal attacks. In essence, both people must be able to remain civil and committed to reaching an agreement through the negotiation process.

Mediation can be a cost-effective means to settle all issues related to your divorce. Even though it may be right for you, the mediation process must also be right for your soon-to-be-ex. If you both agree to engage in the process, you may find that this is the best way to achieve your settlements.

Protect Your Assets Before You Get Married

If you’re going to get married, you must think about your assets. While many younger people often don’t have significant assets, those who are marrying later in life or marrying for the second time often do. Seeing as how many marriages end in divorce–a sobering fact as you move toward your own marriage, but one you can’t ignore–it’s important to think about protecting what you have.

What Assets Should You Consider?

Any substantial assets should be considered at this time. This could include a home that you own, a vacation property, a retirement account, investment portfolios, your car or truck, and even simply the contents of your own bank account. Naturally, your income levels and how many assets you control will determine what is of the most importance to you. Someone making a low daily wage but living for free in a home he or she bought with cash and renovated will be far more concerned with not losing the home than protecting bank accounts, for example.

Remember to consider assets that you may not even see for some time, such as your pension. In some divorces, a portion of your pension or retirement plan can be paid out to your ex. Just because you’re not using it now doesn’t mean it’s not important.

Using a Prenup

The best way to protect your assets is to create a prenup agreement. This is a simple agreement that legally lays out a foundation of ownership in the event of a divorce. Many couples get prenuptial agreements that they never use, so don’t assume this is some declaration that your marriage will fail. It’s just an acknowledgement of the very real legal side of a marriage, which shouldn’t be ignored.

In the prenup, both you and your spouse can make declarations about your assets. Don’t think the agreement has to just favor one side or the other. You may have a home you want to keep, for instance, while your spouse has a nice retirement portfolio and an expensive new car. List out everything you’re bringing to the marriage, state that it goes back to the initial owner after a divorce, and get married with true peace of mind.

Following the Proper Procedures

To make sure that the prenup is legal, you and your spouse must follow the proper legal procedures. For instance, it often can’t be signed too close to the marriage, and it has to be a legally-filed document, not just a draft you and your spouse wrote up on your own.

What You Should Know About Child Custody Cases

A child custody case can be complex, time-consuming and emotionally charged. For many parents though it’s the focal point of an entire divorce case. No matter what happens with the division of assets, parents are most interested in remaining involved in their children’s lives. If you’re going through this, there are a number of things you should know.

Your Child’s Best Interests Trump All Else

According to child support lawyers at the Law Office of Kevin Pettrey, nothing is more important to the court than upholding the best interest of your child. Every decision is made based on how it impacts the child and what it means for his or her life–not for the lives of the parents. It’s crucial to have this same mindset when showing why you should have full or joint custody.

Many Factors Play a Part

Child custody agreements aren’t based on just one or two things, but on an entire list of factors, all of which have to be weighed and considered. These could include:

• Whether you or your spouse was the child’s primary caregiver.
• Where the child goes to school or meets up with friends and social groups.
• How stable each parent’s living situation is.
• How much money you earn and how much your spouse earns.
• What your child has specifically requested.
• How safe the home environment is deemed to be.
• What type of employment you and your spouse have.

For example, a spouse who has a job where he or she is constantly traveling across the United States or even the world could have a harder time winning a custody battle since this travel could upset the child’s standard school schedule or make it impossible for the parent to realistically take care of the child.

There Are Upsides and Downside to Joint Custody

Typically, experts consider joint custody to be the best possible arrangement for any child. It means that both parents are still involved and the child can have the maximum amount of love and support. However, there are also downsides. Joint custody does feel like a compromise where the child is passed back and forth constantly, which can be very upsetting to the child make scheduling difficult. The logistics of setting up a joint custody plan are immense, and it can also lead to fighting between parents over things like vacations, medical care, and sticking to schedules. Still, most courts do prefer joint custody.

Essential Steps to Take in a Criminal Case

The accused is innocent until proven guilty in a court of law. However, the interests of the public must also be protected first and foremost, including those of the witnesses and the alleged victims. The goal is the fair resolution of the criminal case through the effective use of the time and resources available. Accuracy and fairness are two elements essential to the criminal justice process. Jurisdictions should ensure that both defense counsel and prosecutors have the necessary opportunity to thoroughly investigate their cases, review the documents, interview witnesses, make needed motions, as well as conduct other functions necessary to the case at hand. Below are four essential steps that should be undertaken in a criminal case.

1. The trial should adhere to a time limit. The accused has a right to a timely trial. There should be limitations on the time which a defendant may be brought to trial or a case resolved through a disposition.

2. An estimate of how long the trial lasts should be given and followed. The accused, victims and witnesses should be provided with an accurate estimate of the time the trial will be commenced or the case resolved.

3. Goals should be established to progress through the case, allowing for the complexity and seriousness of different types of cases. A more complex case will likely require more time and a simpler case less time. Giving an accurate estimate depends on expert consultation reviewing past similar cases to project a reliable estimate.

4. If the accused’s right to a speedy trial has been denied, consequences appropriate to the situation should be established. The situation should be resolved by the implementation of consequences given by the court. Further progress should be monitored carefully to ensure the prompt and timely resolution of the case. Court performance should always be monitored consistently for compliance. Adequate control over the calendar used to gauge progress of the trial should be maintained by the court. Responsibility for case scheduling falls to the court for the timely resolution of all cases. Continuances should only be granted by a judicial officer. Upon a showing of good cause, a court may grant a continuance and then only for so long as is absolutely necessary. Mechanisms should be established by the court to limit time spent on each stage of the case and a protocol to promote the resolution of all cases within the time periods established by goals and without exceeding the time limit. Reports on the progress and length of pending cases should be regularly prepared for the judge and made available to those concerned in criminal case processing. When undertaking a criminal case, these four essential steps should be followed for the timely resolution of the case.

How to Plan for Your Financial Future

Planning for you financial future is probably the most important thing for you and your family. Financial planning is basically a long term plan. If you think about it, you will be working for about 30-40 years so it is important to develop a strategic plan to save money and invest in the future. Diversification is probably the most important strategy to financial planning. Diversification of assets means not “putting all your eggs in one basket”. This lowers your risk profile and makes your investment strategy potentially more successful. Remember, there is no sure thing in investing and financial planning, but diversification can help lower the financial risk of loss.

It is best to diversify into at least four different asset groups. Asset groups are stocks, bonds, real estate and precious metals. Let’s first look at stocks. There are many different types of stocks. Retirement planning means you want something with low risk and income. You would not want a high risk biotech stock that had no dividend for example. What you are looking for is a “blue chip” type stock. A blue chip stock is something like Coca Cola or General Electric. These type of stocks are low risk and usually have a steady dividend which provides a stream of income

Bonds
Bonds are the next asset class to consider. There are many types of bonds with different risk levels. For example, a US Treasury bond would be considered the least risky type and a Junk bond the most risky type. Municipal bonds are considered less risky as are corporate bonds. As with stocks, the more risk will provide a larger interest rate. For example, Greek junk bonds may pay 10% per year and a US Treasury bond may pay 2% per year. Prudent planning means avoiding Junk bonds and focusing on the Corporate, Municipal and Government bonds.

Property
Real estate investments can be land, productive farm land, rental homes, primary family home or commercial property. Owning property is a way to create income by not paying rent, especially in today’s low interest rate environment. Farm land can produce income but does carry more risk. Raw land can be a good performing asset over time but you are subject to property taxes and it is illiquid.

Precious Metals

Precious metals may include Gold, Silver and Platinum for example. Precious metals are basically insurance for your portfolio. They protect against currency debasement and catastrophe. It is important not to buy the paper derivatives of precious metals such as ETF’s (GLD), as more than likely they are paper frauds. Good luck and remember that 25% in each asset class is diversification.

Create a Trust or Bond

While planning for your financial future it is vitally important to protect your assets in case of an accidental death. You will want to ensure all your hard work in creating financial stability and wealth is paid out to the appropriate entities or family members. You will want to contact an experienced estate attorney that specializes in probate law. This attorney will be able to draw up the legal documents such as a will and trust, to safeguard against unnecessary taxation or asset disputes among family members.

Planning for your financial future is a gratifying experience. It allows you the freedom, understanding and awareness needed to make major life decisions knowing your assets are not only growing but are also protected.

Most Common Personal Injury Cases

Auto Collision

One of the most common personal injury cases are caused by car accidents. These personal injury cases are the most common because of the number of people that drive and the high frequency each person drives every day. In these cases, a careless or negligent driver who caused the accident may be granted responsible to pay your medical bills and-or other costs. The important thing to know about car accident injuries is that you usually have fourteen days in most states to see a doctor and file a personal injury claim through your car insurance company. In Lincoln, NE you may have up to four years to file a personal injury claim. There are strict guidelines and deadlines to follow in car accident cases, but if you follow them correctly you will more than likely receive the personal injury compensation you deserve.

Slip and Fall

Another common personal injury case is a slip and fall claim. Slip and fall incidents usually occur in large business places, such as department stores or restaurants. Because the property owners of these businesses and restaurants have a responsibility by law to keep their property safe and hazardous free for customers and employees. If you get injured on their property as a result of something they either directly did or did not maintain, they are responsible for the cost your injuries incur. For example, if there was a large spill of liquid on the floor or the floor was wet, without proper warning signage, you can charge that it was their responsibility to clean or make the public aware of the floor condition. Therefore, by not acting to ensure the safety of others, the property owner could be held financially responsible to pay for your personal injury.

Medical Malpractice

Another common personal injury case is medical malpractice. Medical malpractice occurs when a health care provider does not provide the correct care for the patient, thus causing more harm by worsening the patient’s health or condition. An example of a malpractice injury could occur by giving the patient the wrong type of medicine, therefore causing them to develop a condition or disorder that harms their health. Another example of medical malpractice is when the doctor does not inform the patient of surgery aftercare, thus causing the patient to become infected and then ill.

Dog Bite

Yet another common personal injury case is a dog bite claim. There are many people who get bit by dogs every year, most of them who are simply walking down the street. The courts have set precedent that the dog owners are responsible for financial medical bills and compensation for the victim if their dog bites someone else.

For more information contact a local personal injury lawyer in Lincoln, NE that specialized in auto collision, medical malpractice, slip and fall or dog bite cases.

A Guide for Personal Injury Settlements

If you’ve had the unfortunate luck of being injured recently you may need some guidance in understanding how to get a settlement for your injury claim. Depending on when and where the accident occurred will determine how to approach seeking out a settlement. Not every injury, warrants a claim. If you have been seriously injured to where you cannot continue working or the injury has hindered your normal daily activity, then a claim would be warranted. In some unique cases, you may claim psychological injury, incurred in response to the physical injury sustained.

Once you have determined whether the injury warrants a claim it is time to understand the type of personal injury claim you will pursue. If you are injured on the job, this would be a workman’s compensation claim. If you are injured in a store, due to hazardous conditions (i.e. wet floor, unstable stairway, poor ventilation…etc.), you will need to file a premise liability claim. Every situation is unique, there are many personal injury claims that may apply to the situation. It is important that you find a local personal injury lawyer. A local specialized attorney has the experience and expertise in the area of personal injury law and will be able to determine the best course of action for your unique situation.

Once you have determined the type of personal injury claim you will file, it is important to identify how much compensation is adequate for the injuries you sustained. Depending on when and where the injury occurred the claim may be worth a substantial sum or have a set amount allowable for payout. There are a number of variables insurance companies consider when determining payout allocation. The insurance company may base it on past settlements paid out on the same type of claim or injury.

It is much harder to obtain a large settlement when filing a workers’ compensation, but this is always dependent on the circumstances and the severity of the injury.

Injuries that occur on public property (i.e. parks, sidewalks, playgrounds…etc.) can have a higher settlement amount due to neglect on the part of the government for a public service.

If you sustained injury from a slip and fall at a store, the claim may have a set dollar amount allocated to them. Again, settlements vary depending on the severity of the injury and the degree of negligence on the part of the premise.

Determine if there have been any losses due to the injury. If you have medical bills, if you can’t work, and your bills are piling up, these are considered losses, because you are not able to earn income. In every circumstance and type of claim, if you are taking a long time to recover from your injury, consult with your attorney immediately. Your personal injury lawyer will include time off of work, decline in lifestyle and recovery time in the claim to receive adequate compensation in the settlement process.