Legal Tips

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Divorcemag.com has a great section of divorce law. Choose your state and go!

Good Credit Is a Necessity for Daily Living
Copyright © 2005 Jeanette Joy Fisher
Real Estate Credit Help Center
http://www.recredithelp.com/

Most of us want a good credit report to obtain vehicle
financing, credit cards for emergencies and luxuries, and to
finance a home mortgage. However, beyond these consumer
loans, a great credit report makes your life easier.

Having a credit card means that you can order tickets, rent a
car, and reserve hotel rooms. Your strong credit score makes
it easy for you to arrange cell phone service and necessary
utility services, without large deposits.

Besides these conveniences, your credit report can mean that
you must pay high deposits and rates for everyday services.
Did you know that poor credit history can keep you from
getting utility connections, good telephone rates, the best
auto insurance, high-quality home owner’s insurance, or even
prevent you from getting hired?

Some utility companies set minimum standards for service
connections. If your report shows collection accounts for
prior utility bills, you may not be eligible for service at
all. And if they do agree to connect your service, you’ll
need to pay a higher deposit than another customer with good
credit, who may not need to make any deposit. The same
requirements exist for telephone services. People with high
credit scores don’t need to pay deposits for home telephone
or cell phone services.

What many people don’t realize is that good credit enables
them to get better insurance rates. High-quality, low-cost
home owner’s insurance, auto, and life insurance companies
set minimum credit standards for their policy holders. This
means that consumers with poor credit have to pay more for
less coverage. Many automobile insurance companies now base
monthly premiums on credit scores. These companies offer a
17% discount if your score is over 625 and a 25% discount if
your score is over 725. Why? Because according to consumer
surveys, people who care about their credit also take care of
their property and drive with caution.

Terrible credit can cost you a job. More and more employers
look at a candidate’s credit report and hire the person with
better credit, assuming that better credit equals better
integrity and character.

What you don’t know about your credit could be hurting you.
Don’t wait until you need your credit to work on any
problems. Strong credit translates to personal reputation.

———————————————————————
Copyright (c) 2005 Jeanette J. Fisher. All rights reserved.

Jeanette Fisher, author of “Credit Help! Get the Credit You
Need to Buy Real Estate,” helps people buy their dream home
or finance multiple investment properties. Jeanette teaches
real estate investing and Design Psychology. For help with
your credit or answers to your questions, visit the Real
Estate Help Credit Center at http://recredithelp.com/ Get
the credit you need to buy one house or twenty!

Legal Issues Surrounding Divorce by Maui

There are two types of divorce: absolute and limited. Absolute, or “divorce a vinculo matu monii”, is the judicial termination of a marriage based on marital misconduct or other statutory causes after the wedding ceremony—such as adultery. After the divorce, both parties are deemed single again. Limited, or “divorce a mensa et thoro” is a separation decree, where the marriage is not fully terminated, and the couple still retain their civil status as married.

There are seven steps in having a divorce. While the process varies from couple to couple, depending on the situation of both parties, there are some essential procedures in filing for a divorce. One thing is certain, however: divorcing couples who are mature enough to agree on certain issues makes for a smoother divorce.

First, one party must file a petition for divorce. Even if both parties agree on a divorce, one must file the petition, which states the ground for divorce. There is such a thing as “no fault” grounds, which simply states that the relationship is no longer viable (such as “irreconcilable differences”). While many states allow this, some states still consider ground faults, such as adultery.

A temporary order is the next step. This is for claiming temporary financial support, child support, of custody. This is granted a few days after filing, and remains in effect until a formal court hearing. One should file for this ASAP.

A service of process is then required. This is to prove that the petition has reached the other party as well. A response is then needed from the other party. He or she must file a response to the petition, and is allowed to either dispute the grounds or defend himself or herself from them. Disagreements on custody or property division should also be filed with the response.

A negotiation for the division of property and custody comes next. The court usually lets the couple and their respective lawyers handle this, but if they cannot agree on anything, the court has to decide for them. Children are usually the responsibility of social workers, whom the court calls in to check on the living conditions of each spouse if it is fit for the children. A trial then ensues, to smooth out issues the couple couldn’t resolve by themselves.

Finally, an order of resolution is given, which ends the marriage and contains the division of property and debts. If the couple has negotiated these issues themselves, they can write their own order of resolution and submit it to court. If it meets the requirements, the judge approves it.

About the Author

For additional legal information and inquiries about the article log on to http://www.attorneyservicesetc.com

Is it necessary to go to court? by Maui Reyes

In the United States, personal injury claims are given a statute limitation of two (2) years before the claim is outlawed. Within this period, one must obtain a lawyer and file a case before going to trial in court.

Most people find this quite a hassle. Hiring a lawyer takes not only a lot of money, but also demands a considerable amount of time and energy to set up meetings and, of course, show up in court. Because of this, many clients resort to “settlements”, or dealing with the case before going to trial.

Of course, this doesn’t mean settlement happens “outside of court”. This only means that cases are settled “before going to trial”, meaning the case has already been filed. 99% of cases filed in court often reach a settlement before the trial.

Settling before going to court can be tricky. Oftentimes people make the wrong move and get a lower settlement price, or lose more money because they refused to settle.
Settlement usually happens when a date is set—a courtroom and judge are already scheduled, and the case is ready to go to court. This is when defendants usually consider to settle, in case they feel they are risking more if the trial pushes through.

Just remember to never tell the insurance company or your lawyer that you are interested in an early settlement. You will end up getting a low price because the other party will assume that since your goal is to settle. Patience is indeed a virtue when it comes to settlements—higher settlement prices are given as the trial date draws nearer.

It would be of great help to get a lawyer who pushes aggressively for a trial—attorneys with a reputation for agreeing on early settlements are not worth your time or money. Pick a lawyer with a reputable history of taking cases to trial.

About the Author

For additional legal information and inquiries about the article log on to http://www.attorneyservicesetc.com

Child Support in the Arizona Family Court: How Do Social Security Benefits Affect Calculations? by Trent R. Wilcox, Esq.

Social Security benefits can affect child support in two ways. First, if either the parent paying child support (the “obligor”) or the parent receiving child support (the “obligee”) receives Social Security benefits, the Arizona Child Support Guidelines require that the Social Security benefits be included in determining either parents income. Thus, the Social Security benefits help to determine the initial child support obligation.

Second, the Social Security benefits can affect the amount of child support that must be paid out of pocket by the parent paying child support. Section 26 of the Arizona Child Support Guidelines addresses this issue and states verbatim as follows:

A. Income earned or money received by a child from any source other than court-ordered child support shall not be counted toward either parent’s child support obligation except as stated herein. However, income earned or money received by or on behalf of a person for whom child support is ordered to continue past the age of majority pursuant to Arizona Revised Statute Sections 25-320.B and 25-809.F may be credited against any child support obligation.

B. Benefits, such as Social Security Disability or Insurance, received by a custodial parent on behalf of a child, as a result of contributions made by the parent paying child support shall be credited as follows:
1. If the amount of the child’s benefit for a given month is equal to or greater than the paying parent’s child support obligation, then that parent’s obligation is satisfied.
2. Any benefit received by the child for a given month in excess of the child support obligation shall not be treated as an arrearage payment nor as a credit toward future child support payments.
3. If the amount of the child’s benefit for a given month is less than the parent’s child support obligation, the parent shall pay the difference unless the court, in its discretion, modifies the child support order to equal the benefits being received at that time.

C. Except as otherwise provided in section 5.B, any benefits received directly, and not on behalf of a child, by either the custodial parent or the parent paying child support as a result of his or her own contributions, shall be included as part of that parent’s gross income.

The interpretation of Section 26, above, minus some of the legalese, is really pretty simple:

A. If a child receives benefits from a source outside of the parent paying child support, it will not normally diminish the paying parent’s child support obligation unless the Arizona Child Support Guidelines provide a specific exception. However, if a mentally or physically disabled child receives child support past the age of majority, those amounts may be credited toward the paying parent’s child support obligation. Notice this is a “may” and not a “shall,” meaning that the court has discretion in this child support matter.

B. If a child receives benefits, such as social security or insurance, because the paying parent made the child eligible to receive such benefits by paying into the system, those amounts will be credited toward the paying parent’s child support obligation in the manners described. Notice this is a “shall” and not a “may,” meaning that the court has no discretion in this child support matter.

C. As mentioned above, a parent who receives payments directly on his or her behalf must include those amounts in income totals used to calculate child support. However, the exception to this provision is provided by the Child Support Guidelines Section 5(B) which states, “Gross income does not include sums received as child support or benefits received from means-tested public assistance programs including, but not limited to, Temporary Assistance to Needy Families (TANF), Supplemental Security Income (SSI), Food Stamps and General Assistance.”

In summary, Social Security and other benefits may affect child support calculations in Arizona. Consult an attorney in your jurisdiction to find out how your case will be affected.

Phoenix office:
3030 N. Central Ave., Ste. 705
Phoenix, Arizona 85012
Ph: 602-631-9555 Fx: 602-631-4004

Goodyear office:
1616 N. Litchfield Rd., Ste. 240
Goodyear, Arizona 85338
Ph: 623-344-7880 Fx: 602-631-4004

Visit our website: www.wilcoxlegal.com
Check out our web log: www.arizonafamilylaw.blogspot.com

Disclaimer: Providing the above information does not establish an attorney-client relationship. To create such a relationship, both the attorney and potential client must sign a written fee agreement. The information contained herein is meant only as general information and is not meant to be relied upon for the purpose of taking legal action. You should contact an attorney in person for further and specific information. Wilcox & Wilcox, P.C. attorneys are licensed in Arizona only except for personal injury attorney Robert N. Edwards, who is licensed in Arizona and Minnesota. Information in this article may apply only to Arizona.

About the Author

Attorney Trent R. Wilcox is the managing partner of Wilcox & Wilcox, P.C. Mr. Wilcox practices in the areas of family law, employment disputes and general civil litigation. Mr. Wilcox is admitted to practice in the Arizona state courts and federal district court and is a member of the Maricopa County, Arizona State and American Bar Associations.

How to Choose the Right Divorce Lawyer by Nashville

Are you unhappy with your relationship? Are you thinking about divorce? Well then, choosing the right lawyer can be one of the most important decisions you make when considering a divorce. According to the article “How to Select a Divorce Lawyer” by Scott Morgan which was posted at www.legalclips.com, selecting a divorce lawyer to handle your family law case is a very important decision. There are a few important criteria to help in finding the right divorce lawyer including focus and experience, past client testimonials, accessibility, fees and comfortability. And here are a few tips on how to get the best divorce lawyer around for your case.

First, set an appointment and prepare your questions beforehand. Ask about everything that is related to your case. Through this, you’ll be able to assess if you have come to the right person and realize if he can handle the case for you. Also, ask about whether you‘ll be copied in on all documents. I believe that it’s very important for a lawyer to return phone calls within a day and to copy a client in on all correspondence including legal letters and documentations. It is your right to be kept fully updated on all the developments of your case.

More so, never think twice to inquire whether you will be charged for phone calls and for the initial consultation. Always keep in mind that a lawyer cannot be able to truthfully determine a legal fee without some preliminary research and investigation. Of course, fees will vary based on the complexity of the case, the time commitment involved, the skill and experience of the lawyer, etc. The payment of the fees, whether partial or full, is being done at the beginning of the case in some cases. In other cases, the lawyer might offer a payment plan.

Indeed, resolving such complicated issue is being made more difficult because of the emotional factors involved and the fact that during the divorce, neither of the parents is really happy. With this, regular communication between you and your attorney is very important. However, bear in mind that your lawyer’s job is to give you correct information to help you make difficult decisions, not to tell you what you want to hear. The divorce lawyer will only help you to at least lessen the burden that you experience by winning your divorce case.

After all, the stress that these battles bring to parents can be truly remarkable. Perhaps, no other phase of life such as this one presents so much psychological pain yet so much opportunity for growth for the persons involved.

About the Author

For additional legal information and inquiries about the article log on to http://www.attorneyservicesetc.com

Hire Divorce Lawyer or Use Online Divorce Forms? by Scott Morgan

Hire Divorce Lawyer or Use Online Divorce Forms?

When do you need to hire a family law attorney and when is it okay to just use an online divorce form website to save a little money? This article will provide a few pointers to help you decide whether to do it yourself or retain a divorce lawyer.

What Does it Mean to Use an Online Divorce Form Website?

Essentially, using an online form website in your divorce case means that you will represent yourself and act as your own lawyer. All of the online divorce form sites have disclaimers making it clear that they are not your lawyer and are just preparing documents on your behalf. While it is your constitutional right to act as your own lawyer, there are some significant risks involved that should be evaluated before you take the online route.

Additionally, you have to evaluate the particular website you are dealing with. Most are national sites that offer forms that they claim will work in any state. However, every state has different laws. In other words, a California Divorce Decree will not be identical to a Texas Divorce Decree because the laws of the two states are not identical. So with an online divorce you are basically getting a generic form that may or may not work in your jurisdiction.

What if You Have Children?

While many of the divorce form sites claim to offer forms that address the necessary provisions regarding children (conservatorship, support, visitation, etc.), it is very risky to use these generic forms when you have children. You must remember that your divorce forms are being prepared using online software that simply fills in the blanks with your answers to very simplistic yes/no or multiple choice questions. These answers may not necessarily fit your situation or you may not fully understand the question.

This is where a competent lawyer can make a big difference. A lawyer will learn more about your situation and find out exactly what your documents need to say, instead of just the boilerplate language that the divorce website’s software spits out. If you have children, you should take the safe route and hire an experienced divorce lawyer.

What if You Own Property?

Many of the divorce form sites also claim to offer forms that will deal with the most complex of property divisions. But when it comes to dividing any property beyond personal effects (clothes, furniture, etc.), it is risky to rely solely on generic divorce forms. If you or your spouse own real estate, vehicles, 401k accounts or other retirement accounts, or have any other financial assets or liabilities, an online divorce form will not necessarily protect your interests.

A competent divorce lawyer would be able to, first, analyze your situation and determine what property division is in your best interest, and second, ensure that all the assets awarded to you were properly transferred and the titles correctly recorded on your behalf.

Conclusion

Using an online divorce form always carries a certain amount of risk. If there are no children from the marriage and no property to divide, then saving a few hundred dollars may be worth the risk and the extra work you will have to do. But for most people, especially those with children or property, it is essential to hire an experienced divorce lawyer to handle their case.

About the Author

Scott Morgan has been a Houston divorce lawyer for over ten years. His practice focuses exclusivley on divorce and family law cases. You can find out more about Mr. Morgan on his website, www.houstondivorce.com.

About the Author

Scott Morgan has been a Houston divorce lawyer for over ten years. His practice focuses exclusivley on divorce and family law cases. You can find out more about Mr. Morgan on his website http://www.houstondivorce.com

Post-Divorce Alimony in Texas by Scott Morgan

This article provides a brief overview on Texas law concerning
post-divorce alimony in Texas. Laws differ from state to state and
individual circumstances vary, so you should consult with a qualified
family law attorney in your area for specific advice on your particular
situation. Additionally, this article deals only with post-divorce
alimony. It does not address temporary alimony, which is provided for
under a different provision of the Texas Family Code.

Two Kinds of Alimony: Contractual and Court Ordered Maintenance

There are two kinds of post-divorce alimony in Texas: contractual
alimony and court ordered maintenance. The Texas Family Code also
provides authority for the court to order temporary alimony which occurs
while a divorce is pending. However, temporary alimony is outside the
scope of this article and will not be addressed.

Contractual Alimony

Contractual alimony is based on an agreement between the parties in
their divorce decree. For tax purposes, contractual alimony is normally
deemed income to the receiving party and is deductible from the income
of the paying party. Since contractual alimony must be based on an
agreement of the parties, there are no limits to the possible amount or
duration of the alimony.

Court Ordered Maintenance

Court ordered maintenance is provided for by Texas Family Code Chapter
Eight. Although actually awarded in only a small percentage of
Texas divorces, the court has the right to order one spouse to pay the
other post-divorce maintenance in either of two circumstances:

1. The payor spouse either received deferred adjudication or was
convicted of a crime constituting family violence within two years of
the filing of the divorce case, or

2. The parties have been married at least ten years and the receiving
spouse has some kind of financial limitation (disability, unable to work
because caring for the party’s child, or lacks earning ability to meet
minimum reasonable needs).

The monthly amount of court ordered maintenance is capped at the lesser
of: a) $2,500 or b) 20% of the monthly payor’s gross income.

The maximum duration of court ordered maintenance is three years. The
only exception is when maintenance is ordered as the result of a
disability, in which case the duration can potentially extend
indefinitely.

Considerations

Where there is a large disparity in incomes alimony can sometimes be
used as a useful settlement tool. Since alimony is generally taxable to
the receiving party and deductible to the paying party it can be often
structured so that it is advantageous to both parties.

For example, a party in a high tax bracket can agree to make monthly
alimony payments in exchange for a more favorable property division. If
the receiving party is in a lower tax bracket, the overall income tax
paid could be significantly lower than what it would be otherwise.

Another factor to consider is how rarely Texas trial courts order
maintenance, absent an agreement. The statute allows for maintenance
only when the specific statutory circumstances have been proven. There
are several appellate cases that have reversed trial court decisions
ordering maintenance when the requesting party did not provide
sufficient proof that the standard had been met.

In cases where there is a large amount of community property, one of the
most effective arguments in attempting to defeat a maintenance claim is
that the requesting party will have ample resources to provide for their
needs since the party will receive a significant amount of assets from
the division of property.

Another common argument used to defeat a maintenance claim is that,
during the pendency of the divorce, the requesting party has not made
significant attempts to either obtain employment or obtain training that
would allow the party to obtain employment.

As an example, lets take a divorce case where the wife is requesting
maintenance on the grounds that the marriage is longer than ten years
and that she lacks the earning ability to meet her minimum reasonable
needs.

If, the case has been pending for several months and at the time of
trial she has still made no effort to obtain employment or improve her
job skills, it will be a difficult claim to succeed upon. The court is
unlikely to find that she is “unable” to meet her reasonable minimum
needs and more likely to believe that she is unwilling to take the
necessary steps in order to provide for her own support.

Conclusion

Alimony in Texas, while rarely ordered, is an important and complicated
issue. It can be used as an effective settlement tool and can
potentially be a significant trial issue. For someone involved in a
Texas divorce case with a potential alimony issue, the issue should be
discussed in detail with an experienced divorce lawyer.

About the Author

Scott Morgan is a practicing Texas divorce attorney. For more information on texas divorce visit his website at http://www.texas-divorce-info.com . The website provides general information and resources on divorce, as well as specific information on Texas divorce law.