9 Common Reasons for Divorce

Personal Injury Lawyer

It’s not a secret that divorce is common among couples in the United States. We’ve all heard the phrase “fifty percent of all marriages end in divorce”. And while that statistic is a bit inflated, the fact of the matter is that people are still getting divorced and for a variety of reasons. Here are 9 common reasons couples give as a reason for divorcing their spouse. 

Infidelity

It is a shock to no one that one of the main causes for divorce is infidelity. Infidelity has been happening since the beginning of time. It’s mentioned in the Bible as one of the few reasons someone is able to leave a marriage. Today, in some states, you can actually use infidelity as a means to get a higher settlement (called an “at fault” divorce). 

Finances

Finances are difficult to manage by yourself let alone with another person. If you and your spouse have different philosophies on how to manage money, you are in for a world of trouble. Money tends to be one of the major things that divide us. It can sometimes make us greedy and act in ways we wouldn’t normally act. That’s why finances in one of the major causes of divorce. 

Too Young 

Even though the marriage trend is suggesting that people are getting married older, there are still couples that get married too young. “Too young” can also mean not yet ready for marriage, regardless of your actual age. 

Substance Abuse

If one spouse is struggling with substance abuse, it may be something the other spouse has a hard time dealing with. People who suffer from substance abuse could be emotionally or physically abusive or mentally unstable. 

Wrong Reasons

Getting married for the wrong reasons is a recipe for disaster. If you are only in it for the money or green card, and you aren’t willing to commit to this person, it will be a difficult marriage. 

Losing yourself 

If married couples aren’t careful, they can lose sight of who they are as individuals. Couples can get wrapped up into being a couple and forget about the things they loved to do as a single person. This can lead to resentment towards each other and ultimately a failed marriage if not handled. 

Hard to resolve conflicts 

Constantly fighting and unable to come to an agreement is another common reason for divorce. If couples don’t respect each other’s viewpoints and aren’t willing to compromise, then they will not be able to be happy. 

Lack of commitment 

Many couples suffer from the issue of one or both spouses lacking commitment to the relationship. They aren’t able to put in the work it takes to keep a marriage successful and it ultimately tears them apart. 

Growing apart 

One of the most common reasons is that couples simply “grow apart”. They can’t put their finger on the reasons why, but they have fallen out of love with each other. Many times, this is an amicable split. 

If you are experiencing or have experienced one of these reasons for divorce, then reach out to a partnership dissolution lawyer in Austin, TX. They can help you put together a case to help get what’s best for you. Call today. 

 


 

Thanks to Gray Becker, P.C. for their insight into family law and common reasons for divorce.

Who You Can Sue for Medical Malpractice

Were you recently the victim of medical malpractice? Perhaps you saw a physician to help you with a health problem, and came out with one or two more. You should never be accountable for such a situation, so who should be held accountable? It can get tricky if you don’t understand medical malpractice, which is why contacting a lawyer to assist you should be the first thing you do.
The Hospital
You can sue a hospital for medical malpractice if the staff was negligent in providing you a certain standard of care. Hospitals are required to make reasonable inquiry into the training and licensing of any staff professionals they hire. This includes doctors, nurse practitioners, nurses and other medical staff. If someone is injured by one of those staff members and an investigation shows the hospital did not make reasonable inquiry on that professional, that could be a reason to sue.
Hospitals are also required to have a certain number of staff members clocked in at all times of the day and night. If someone is injured or becomes ill during a time at which there was not adequate staff, the hospital could get sued.
A Physician
In many hospitals, physicians are contracted for their services. Rather than being actual employees, they employ themselves and essentially “rent” space at the hospital. While the hospital does still have a duty to complete a reasonable inquiry, the hospital can often not be held liable in a situation in which one of these contracted physicians causes illness or injury. Instead, you would sue the physician him- or herself.
A Pharmaceutical Company
Pharmaceutical companies have a duty to ensure drug safety when used properly. They have to know and understand risks, side effects and dosage information, and accurately portray that to pharmacists and physicians. If a drug is put on the market before these things are done and an individual becomes injured or ill because of it, the pharmaceutical company may be sued. If the pharmaceutical company did everything necessary, but the individual still became sick, it would be worth looking into the prescribing physician and whether the medication should have been given to that particular patient.
Contacting an Attorney
If you were injured or became sick at the hands of a medical professional, you don’t have to figure it out on your own. When you feel you could have a case for medical malpractice, contact a medical malpractice attorney in Phoenix, AZ today to learn all you can about your specific situation.

Thanks to Rispoli Law, PLLC for their insight into personal injury claims and who you can sue for medical malpractice.

Keeping Credit Cards After Filing Bankruptcy

Filing for bankruptcy, such as a Chapter 7, can be a difficult and lengthy process, especially if you have complex finances. At the time you file, if you hold a balance on any of your credit cards, they will be listed among your debts. Credit cards can be a great tool for unexpected large purchases and emergencies, so you might be wondering whether you’ll be able to keep any of them after your bankruptcy.

Keep Old Cards After Reaffirming Balances

The good news is that some credit card companies do allow you to keep your card, if you reaffirm the balance and sign a new agreement. So, you must be absolutely sure that you need this card because you will continue to be responsible for the balance. Of course, if the balance is small, this may not be a bad option.

You can usually keep credit cards that you hold a zero balance on, but if they find out about your bankruptcy, they may increase your interest rates. There is also the possibility of them reducing or eliminating your account as well.

Obtaining New Credit Cards After Bankruptcy

If you decide to let go of your cards in the bankruptcy, it might be difficult to acquire new ones later since your credit score will take a hit. There are alternative options to help you through this recovery time, which could take six months to one year.

  • Co-signed credit card: If you know someone who is willing to put their good credit score on the line for you, you may be able to acquire a regular credit card using their creditworthiness. This way, if you cannot make your payments, your co-signer is liable to do so, thus limiting the credit card company’s risk of a loss.
  • Secured credit card: A secured card functions like a debit card, where you are required to provide the company with a cash deposit equal to the amount of your credit line. You then use this card like a normal credit card, allowing you to build your credit score back up while eliminating the risk to the credit company. If you pay all of your bills on time and upgrade to a regular credit card, the company then gives your deposit back. It is recommended that you keep your balance below 20 or 30% of your limit and pay it off every month to speed up your credit healing.

Remember, even under the extreme circumstances of filing for bankruptcy, you still have options and plenty of time to recover. Starting fresh is sometimes the best decision. Consult an experienced bankruptcy lawyer in Melbourne, FL if you are uncertain about what you should do to improve your financial situation.

 

Thanks to the Law Offices of Arcadier, Biggie & Wood for their insight into bankruptcy law and credit cards after filing for bankruptcy.

Why Court Reporters are Essential to Divorce Arbitration

Anyone who has been through a divorce before, can understand the immense emotional and financial toll it can have on a person. One of the best ways to get through such a challenging time is to educate oneself on every step along the way, along with knowing who to hire that can help smooth things out. Of course, most people assume that acquiring an attorney during divorce can be very helpful. Another role that many spouses may not realize can be essential during divorce arbitration, is hiring a court reporter to document what was said. 

Here we have talked more in-depth about why hiring a court reporter for a divorce arbitration may be in your best interest: 

Why Arbitration May Be Preferred

Most spouses probably agree that attending court over their divorce disputes is not something they want to do. So another option could be to attend arbitration with a court reporter, attorney, and arbitrator to assist. The intention of arbitration is to hopefully resolve differences in a private setting, compared to a public courtroom. 

Hiring an Arbitrator

The divorcing spouses and their attorneys choose and agree upon which arbitrator to hire. The arbitrator is then informed in the meeting about the issues which are preventing resolution. After the private hearing, the appointed arbitrator ultimately renders a decision. The benefits to using divorce arbitration can include: 

  • The divorcing couples can choose who they want to be the arbitrator, versus attending court they are not able to select the judge themselves. 
  • The divorcing couples have a choice to appoint an arbitrator who has experience specific to type of dispute (taxes, real estate, child custody, etc).
  • The divorcing couples can pick the location, date and time of the hearing.
  • The divorcing couples can feel more comfortable in a private setting that is confidential and less formal. 

The Importance of a Court Reporter

Court reporters are responsible for creating written recordings of legal proceedings, including depositions, court trials, mediation, arbitration, and more. Court reporters can work in a variety of settings including private, court, or government matters. Court reporters are often quite skilled in language and can type rapidly, in order to capture what is being said in the moment. 

A court reporter may use a stenographer machine or voice writing to translate words into official transcripts. The importance of using a court reporter is to be able to have a document to review if disagreements or other issues arise after the legal proceeding, which helps prevent “he said, she said” arguments.

Confidentiality and Neutrality in Divorce Arbitration

Because court reporters commonly work in the legal field, they understand the weight of keeping matters confidential. A court reporter in Los Angeles will not discuss what is said during divorce arbitration with any other individual or entity afterward. They are also familiar with remaining neutral, and can act as an unbiased third party without displaying any external signs of emotion during the proceeding. Remaining neutral is imperative to ensure there is no bias in the official written transcript. 

Thanks to Veritext for their insight into court reporting and how they can help with divorce arbitration.

What to Do After a Taxi Accident

What to Do After a Taxi Accident

Car accident fault is never easy to sort out. This may seem even more daunting if you are in an accident with an Austin Cab Company driver. Do you file a claim against the driver or the company? Here is everything you need to know about handling an accident with a cab.

Taxi Passengers

If you’re in a cab when the driver hits another vehicle, what can you do? As a passenger of a vehicle, you have a stronger case than the drivers do. You do not have to prove liability. Now, you will have to know who you can file a claim against. As a passenger, you file a third-party car insurance claim or a lawsuit against one or both of the drivers. It is up to the drivers to prove who was liable for the accident.

Other Vehicles

If you’re driving another vehicle when a cab hits you, then you should treat the accident as you would any other car accident. If you’re able to, you should take pictures of the scene and speak to witnesses about the incident. You should also file a police report and make sure that you see a medical professional right away. You don’t want to wait around, even if you feel like you didn’t suffer any serious injuries. Some patients will not feel the extent of their injuries until later. Likewise, some develop later.

The case itself works like any other car accident. You have to determine who is at fault. If the cab driver was negligent, then you have a case against him or her. When it comes to filing a claim, all cab drivers have insurance. In some instances, you may be filing a claim against the cab company itself, whereas other claims may be against the driver. It depends on if the driver was working for the cab company at the time of the accident.

When it comes to the Austin Cab Company, you can treat the car accident the same way that you would with any other driver. The differences may be in who is liable for the damages after a wreck. If the driver was working for the company and ferrying a passenger, then odds are, you will be able to file a claim against the company itself. However, if he or she was not on the clock, then it is up to the driver to prove liability. If you’ve been in an accident involving a cab driver, then you can always consult with an auto accident lawyer in Trenton, NJ.

 

Thanks to Davis & Brusca for their insight into personal injury claims and what to do after a taxi accident.

 

Common Alimony Myths

Common Alimony Myths

In a divorce, a judge may order the spouse who earns a higher income to pay the other spouse alimony. This money is intended to help the spouse with fewer financial resources pay rent, utilities and other necessary bills. However, there a lot of misconceptions about alimony floating around. Family lawyers discuss some of the most common alimony myths.

Alimony Will Last Forever

Some individuals make the mistake of believing that alimony will go on forever. However, alimony is most certainly not permanent. It’s meant to supplement a person’s income and will likely decrease over time. There several instances where alimony can be terminated. For example, if the recipient spouse is living with another partner or has had a dramatic increase in income, the judge may choose to end alimony payments.

Adultery Has an Effect on Alimony

If your spouse cheated on you during your marriage, you may feel like he or she owes you more alimony. However, courts no longer use alimony as punishment. They generally don’t care if your spouse was unfaithful throughout the marriage and won’t use that against him or her when determining alimony payments.

Alimony Will Help a Spouse Maintain a Standard of Living of His or Her Marriage

There are many spouses who think that alimony will let them maintain the standard of living they had when they were married. They believe they’ll still be able to go on vacations, eat at expensive restaurants and buy designer clothes with alimony. However, when the courts say standard of living, they are referring to basic needs, like housing, food, utilities and health insurance.

Alimony Can Be Used However the Recipient Wants

While it would be nice if you could spend your alimony money how you see fit, it doesn’t work that way. The court wants you to use the money to improve your life, not use it for frivolous purchases. If the judge found out that you have been spending your alimony on shopping sprees and not using it toward necessary bills, for example, he or she may choose to eliminate it.

Alimony Is a Right

Alimony is not mandatory in divorces. The courts will look at several factors before determining if a spouse should receive alimony or not. For example, if a spouse has marketable skills and a well-paying job, he or she might not receive spousal support.

As you can see, there are quite a few myths about alimony. If you are currently going through a divorce and expect to receive alimony, you may want to consult with a family lawyer as soon as possible. He or she can evaluate your case and help you determine how much alimony you should expect to receive.

Most family lawyers offer free initial consultations, so there is no risk to scheduling a meeting with one. A divorce lawyer in Fairfax, VA can make you aware of your options and answer all of your questions.

Thanks to May Law, LLP for their insight into family law and common myths about alimony.

 

5 Signs That Filing For Bankruptcy May Be In Your Best Interest

Personal Injury Lawyer

When we hear the term “bankruptcy” many people believe this means you declare to the government that you have no money, and your debts are simply eradicated. As an attorney may tell you, this isn’t quite the case. In fact, just because you file for bankruptcy doesn’t mean all your debts disappear forever. Also, bankruptcy sometimes comes along with stigma, so people may be afraid to look into it further when they are struggling with finances.

Here are seven signs that it may be time to book an appointment at our firm, to see if filing for bankruptcy is in your best interest: 

#1 You Have Several Types of Debt

Bankruptcy can provide relief for people who are dealing with debts of various types, including credit cards, medical bills, college education, and more. It can be challenging, if impossible, to divide your earnings into multiple directions at once while still affording expenses for necessary living. 

#2 You Aren’t Able to Pay Minimum Monthly Payments

Having to make payments late isn’t the best case scenario, but if you aren’t able to keep up with monthly debt payments at all, then you are only digging yourself into a deeper hole. If your income isn’t keeping up with how many payments you need to fulfill each month, it’s time to revisit your financial situation. 

#3 You Aren’t Due for a Raise Anytime Soon

Those who are struggling with debts may find relief if they anticipate a raise, promotion, or job change into a field with more earning capacity. However, if you don’t see an increase in your near future and the debts keep building up, then you may want to talk with an attorney about whether filing for bankruptcy is right for you. 

#4 You Have Been Served a Lawsuit

Eventually, someone who is in a deep amount of debt may face a lawsuit from a creditor or other person about recouping what you owe. If you have recently been served a notice regarding a lawsuit, we suggest calling our office immediately about what to do next. We can evaluate your circumstances and figure out a plan for protecting you as much as possible. 

#5 You Cannot Pay Debts Within 5 Years

After some budget calculating, if you see that you aren’t able to pay off the debt you owe within five years, then it may be time to consult with an attorney about how bankruptcy can benefit you long-term. 

If you want help with submitting the paperwork for bankruptcy, or aren’t sure if it’s right for you, then we can provide support. We can understand the pressure you may feel on a daily basis knowing that you have an exorbitant amount of debt waiting to be paid off. Contact us today to book your consult with a bankruptcy lawyer in Melbourne, FL before your debts start stacking up even higher. 

 


 

Thanks to the Law Offices of Arcadier, Biggie & Wood for their insight into bankruptcy law and if it is the best option for you.

The Pros and Cons of Reforming the Medical Malpractice System

Medical Malpractice Attorney

Medical malpractice cases have become some of the biggest in the media. Verdicts handing down millions of dollars in instances where a doctor or hospital was found guilty of negligence have made headlines around the world and rightfully so – that is a lot of money. Over the years, there have been rumblings throughout the legal system about making some changes to the way malpractice cases are handled and the rules governing their outcomes. Obviously, as with many things, there are pros and cons to the proposals floating around.

Reasons Why the Malpractice System Needs Revamping

There are personal injury cases you can probably recall that seemed excessive and non-sensical. These lawsuits are considered to be frivolous, and they, more than anything, are the driving force behind reforming the tort system. When someone gets hurt and files suit, there may be little reason to blame someone else. However, because there was one aspect of the defendant’s process that could be considered negligent, the plaintiff winds up winning and getting a windfall settlement.

Tort reform aims to cap damages for lawsuits that are filed and intend to strong-arm doctors, hospitals, clinics and the like into settling these frivolous suits. Damages awarded in these instances can wipe out reserves and cause the price of malpractice insurance to climb substantially. Doctors argue that this rising cost is deterring people from entering the medical field in certain specialties that may be more susceptible to malpractice suits than others.

Arguments Against Widespread Tort Reform

On the other side of the pro-reform group are those who say the system does not need to be fixed. The majority of people on this side of the issue are personal injury attorneys who say doing anything to cap damages or change the legal standards will hurt people who need the most help. Even doctors admit that they are fallible and make mistakes, so why not allow the people most hurt by these errors recover monetary damages to help them?

Limiting medical malpractice litigation also lets doctors and big medical corporations off the hook, so say those against reform. Changing the system can only benefit those who are currently most impacted by it – those whose negligence causes injury. Therefore, any revamp would only hurt patients further while helping the big business causing the damage.

Medical malpractice reform is part of a more significant issue of tort reform. If you feel like you are entitled to recover money from a doctor or hospital that was negligent, a personal injury lawyer in Deer Park, TX may be able to help.

 


 

Thanks to John K. Zaid & Associates for their insight into medical malpractice and reforming malpractice.

How to Collect Payment After Car Accident Case

Your car accident case is finally resolved! This may mean that you settled out of court or it may mean that you won your trial. Whatever the case, when you win your car accident settlement, it is normally a moment to celebrate. This is one of the first steps to watching your life return to normal. This isn’t the end of the line, however. You still have to collect your settlement! If this is your first trial, you probably don’t know how you’ll receive the money. Here is what you need to know.

Out of Court Settlements

If you settled out of court with an insurance agency, then it is going to be a lot more straightforward for you. Insurers will almost always pay the settlement once the agreement is in writing. Now, if you happen to settle with the other driver and he or she is not insured, you may have more difficulties collecting. Keep in mind that if a driver does not have insurance, odds are he or she does not have the money to afford to pay the settlement. There are ways that you can collect, however. Depending on the state’s laws, you may be able to file a lien on his or her property. When dealing with uninsured drivers, collecting may be more difficult.

In Trial Verdicts

If you went to trial, then you still have to consider whether or not you are dealing with an insurance company. If you are dealing with an insurance company, then you will most likely get your award quickly. If you filed a suit against an uninsured driver, however, he or she may still refuse to pay. Now, you can always return to court to force the person to pay. Most insurance companies will pay quickly and will not fight the verdict. Now, an insurance company and at-fault driver are allowed to file an appeal if they do not agree with the verdict. This could cause you to have to wait longer for your compensation.

After you win your verdict, you probably want to see the money as soon as possible. You may not always receive it quickly, unfortunately. Finishing a trial can be a relief. Most people are glad for it to be over, but when it comes to receiving your money, depending on who you filed a claim against will determine how quickly you receive your settlement. For more information on how to follow through with the claims process, consult with a car accident lawyer in Philadelphia, PA.

 

Thanks to Wieand Law Firm, LLC for their insight into personal injury claims and how to get paid after a car accident.

 

Contacting the Police After Your Car Accident

Do you have to contact the police after every car accident? What if it was just a little fender bender and you could quickly be on your way without involving the police? While it may seem like a good idea at the time, realize it’s smart to have police presence at the scene of every accident.

Obtaining a Police Report

In most cases, in order for the insurance claims process to run smoothly, you’ll need a police report about the incident. Of course there’s the claims adjuster who will assess the situation, and there could be witnesses as well, but an official report tends to hold up well against differing statements. Should you end up going to court with a lawsuit, the police report could offer proof you weren’t at fault.

Perhaps you feel the accident was obviously the other driver’s fault, and he or she even admitted it at the scene. Even so, stories change, and drivers will sometimes say untruths to keep their premiums at a minimum. They could also be coaxed by their insurance company so the claim is lower and liability remains low as well. The police report can show otherwise.

Another situation could be that the other driver offers you money to stay quiet. Perhaps he or she already has a criminal record or higher premiums because of previous traffic infractions. Call the police anyway so you can obtain the report you need.

Keeping the Peace

Not every driver and passenger will be cool and calm after a car accident. If it begins to get out of control, a police officer can encourage peace. Drivers who get aggressive can be handled properly, and injured individuals can be comforted and taken care of.

Fulfilling a Legal Responsibility

Many states have laws regarding contacting the police and filing a report following a car accident. You’ll need to fulfill that legal responsibility so you don’t find yourself with a fine or jail time. If you are injured to the point you can’t contact authorities, you should have someone do it for you.

Getting in Touch With Your Attorney

After you have taken care of your legal responsibilities and received the medical attention you need, contact a car accident lawyer in Tarzana, CA. Your injuries, the damage to your car, lost wages and other damages will need a good look by someone qualified to do so. With your lawyer’s help, you can move forward with the insurance claims process and possibly a lawsuit against the other driver.

 

Thanks to Barry P. Goldberg for their insight into car accident claims and contacting the police after an accident.