Bankruptcy Saved my Family — Can it Save Yours?

Is Your Family Pressuring You To Get A Prenuptial Agreement? Talk With A Lawyer

If your family has expressed they want you to get a prenuptial agreement, you’ll want to meet with a lawyer to talk about your options. If you make more money than the person you will be marrying, and you have more to risk when you walk down the aisle, you need a prenuptial agreement.

Preserve Retirement Accounts and Investments

Have you been packing money away in retirement accounts, and making big financial investments throughout the years? Do you have a lot of money in savings, and money that you could lose if you got divorced and your spouse wanted half of all of it? If so, you want to protect these things.

You can have all of the funds protected when you get married, and you can include in the prenuptial agreement that you have saved, and you can make sure your spouse doesn’t get to take any of the interest you make off your protected investments in the future.

Protect Wages and Assets

It’s very important that you protect the wages that you earn, and the assets you’ve already accumulated. In the prenuptial agreement you can make sure you don’t lose your house or cars, and that you don’t have to share the wages you earned during the marriage. You can make it so everyone leaves the marriage with the same things you entered with.

Avoid Alimony

If your spouse doesn’t work while the two of you are married, or if they make significantly less money, they may go for alimony if you get divorced. They’ll say that they are accustomed to the lifestyle you provided them with, and they will want you to support them. The amount that you pay, and how long you have to pay will be determined by the amount of time you’re married and your income. You can make sure your spouse knows there won’t be alimony if it’s in the document.

If your family is putting a lot of pressure on you to get a prenuptial agreement so you can enter your marriage without any fear, it’s worth taking the time to meet with a lawyer, like those at Kane Funk Poch & Van Massenhove PC. They can work with both you and your future spouse to make sure the document seems fair for both of you, and you can include them so they aren’t offended. You never know what can happen or what will change in the next few years, so it’s always best to be prepared.

Learn More

3 Things You Should Know About Military Divorces

Divorces take time and can be complicated, but they can be even worse when one spouse is a member of the military. If you are in the military and receive divorce papers in the mail, you may not have a clue what you should do, or what your legal rights are. In this situation, here are three things you need to know.

Court Will Give You Time

Because military workers are often stationed in different states and countries, the court will give them time to respond to the divorce papers and to physically go to court. This is very different than a non-military divorce because the dates are scheduled in, and both spouses must show up to court on these dates.

This extra time is given because of the Service Members’ Relief Civil Act (SCRA). This act will allow you to put a stay (also called a hold) on your divorce hearings if you are located in a place that is far away from the state where your spouse filed the proceedings.

Military Offers Legal Assistance

The second thing you should know is that the military may give you legal assistance for this event. Most branches of military offer attorney services to members for all types of legal issues, including divorces.

This can be extremely helpful because you can have an attorney that will answer your questions, negotiate for you, and handle any issues that you need help with. This can all be completed while you are deployed, and this could help the divorce go through faster.

You May Have To Share Your Pension

Military workers are given pensions, which are designed for retirement purposes. While this is money you have earned for retirement, your spouse may also be entitled to some of this money. In most cases, a court will automatically give a spouse a share of the pension if the marriage lasted for at least 10 years; however, there are times when spouses will still have rights to the money even if the marriage did not last this long.You can talk to an attorney, such as Karen Robins Carnegie PLC,  about this issue to learn more about your rights.

Divorces are never pleasant, but they are easier when both spouses live near each other. If you need help going through your divorce, make sure you look for an attorney that has experience with military divorces, or choose an attorney through your branch of military.

Learn More

3 Important Things To Know Before You File A Suit Against A Government Agency

Were you recently injured in a car accident that involved a government vehicle or a government employee acting in a professional capacity? If so, you may want to pursue financial compensation for your injuries and expenses. There used to be a time when it was difficult to sue any government agency because they were generally immune from civil suits. In recent years, though, that protection has begun to fade. In many cases, you can pursue compensation from a government agency for a car accident. However, the process may be slightly different from a civil suit. Here are three things you need to know:

Is a suit even an option? There are still some situations in which government immunity exists. For example, if the accident was caused by an emergency vehicle that was responding to a call for help, then it’s unlikely that you’ll be able to file a suit. This is especially true if the vehicle had its lights and sirens on at the time of the accident. Vehicles that are operating because of a weather emergency, like snow plows, can also be immune.

In some states and municipalities, there can be a whole list of officials and types of vehicles that are immune from civil suit. It all depends on your local laws. Your car accident attorney can help you determine whether a suit is an option.

Do you need to file a claim before the suit? Many municipalities prefer to handle claims internally rather than in the courts. For this reason, they require that you file a claim with the agency office first. If that claim is denied, then you can file a lawsuit. Also, some agencies and municipalities have short time periods in which the claim must be filed. If you miss that deadline, then you miss the opportunity to file the claim. 

Your area may not require an initial claim. You may be able to file a suit directly. Again, your auto accident attorney can help you understand the process.

Is there a cap on damages? Some states have a cap on the amount of damages that a government agency or official can pay. This is meant to protect taxpayer money. However, it could be a big problem for you, especially if your expenses far exceed the cap. If there is a cap, you’ll want to know in advance. That could impact how you budget, how much time you take off of work, and any number of other financial matters.

For more information, visit an accident attorney from a firm like Pawlowski Mastrilli Law Group. He or she can help you understand the process and develop a plan for pursuing compensation.

Learn More

What Could Happen Without The Help Of An Accident Lawyer

If you have been involved in an accident that caused you a lot of physical pain, you might be in need of an accident lawyer. However, you might find yourself tempted to deal with the problems on your own. Before you actually move forward with that plan, you are going to want to review the following things that could happen if you attempt to handle the case on your own.

This way, you will have all of the knowledge you need to be able to make the best decision for moving forward with your accident case:

You Might Not Get Any Money

When you are not careful to review what you are signing, you could find that you are unable to collect any money for the injuries that you received from the accident. You might think that you are signing one type of paper when you are actually signing something else.

The legal terms found in the papers provided by insurance companies and lawyers can be a little tricky. If you do not have your own accident lawyer, you have to hope that the people representing the guilty person is being honest with you. If they aren’t and you sign away your rights to sue in court, there really is not a lot that you can do about it.

The Case Could Drag On Forever

Assuming that you are not tricked into signing papers that take away your rights to sue, you could find yourself dealing with this case for years. Do you really have that kind of time to spare? Are you financially secure to the point that you do not have to worry about getting the money you are entitled to anytime soon? If not, you might want to get this case to move along as quickly as possible.

The thing to remember is that the other party is more likely to quickly agree to a settlement when you have an accident lawyer backing you. This is because they know that the likelihood of getting you to back down is not likely. When you are not legally represented, you might find that the other side will want to drag this case on for as long as possible in hopes that you will simply give up and go away.

As you can see, the things that could happen when you do not have the help of a skilled accident lawyer are not things that you are going to want to deal with. Therefore, it is important to make sure that you are retaining a qualified lawyer as quickly as possible.

To learn more, contact a company like Attorney Robert H. Astor with any questions you have.

Learn More

Filing A Personal Injury Claim: 3 Facts You Need To Know

If you are seriously injured as the result of an accident, you may be able to collect compensation for your injuries by filing a personal injury claim. However, you should know that not all accidents will result in a viable injury claim. Taking the time to review the three facts outlined below can help you to determine whether or not your accident claim has what it takes to stand up in court.

Fact #1: Not All Accidents Result In Legal Liability

All people make mistakes, it is simply a fact of life. In some cases, a tragic accident truly will be nothing more than an accident. However, in other cases, these accidents could have easily been prevented if a single person or company had acted in a careful manner. It is these cases that will qualify for compensation under current personal injury laws.

In order to collect compensation after an accident, you must prove that someone else is legally liable for causing your accident. Under the laws that govern personal injury cases, legal liability is only assigned to individuals who act in a negligent or incompetent manner, and whose negligent actions are to blame for causing an accident.

When determining whether or not legal liability is present in your case, take the time to ask yourself who is to blame for causing your accident and what actions did they take or not take that caused your accident.

Fact #2: You Must Lose Money To Collect Money In A Personal Injury Case

Personal injury laws require you to site damages when filing a personal injury lawsuit. These damages should include expenses such as medical bills, lost wages, and property damages. If no damages were suffered as a result of your accident, you will not be able to collect compensation for your injuries even if the other party is ruled legally liable for causing the accident.

In order to determine what damages exist in your case, simply ask yourself what expenses you have incurred that would not have been present if you had never been in an accident.

Fact #3: All Personal Injury Cases Come With A Time Limit

All personal injury cases will have a statute of limitations attached to them that determines exactly how long you have from the date of your accident to file a claim. The length of this court mandated time limit will be vary from state to state and case to case. In some cases, you will have as little as one year to settle or file your claim, while other cases may be allowed as long as three years to file.

If you allow the statute of limitations on your case to expire, you will no longer have the legal right to file a claim. Contacting a reputable injury lawyer in your local area will allow you to identify how long you have to file your claim and help you to ensure this deadline does not pass you by.

Learn More

How To Keep Track Of I-9s For Your Business

As an employer, it is your responsibility to make sure that everyone you employ is able to legally work in the United States. If you stay on top of collecting and filing I-9s for all of your employees, you will be able to make it through an immigration audit without any problems.

Have A Written Policy Against Fraud In Place

The first thing you need to do is have a written policy against fraud in place. Make sure that every employee you hire signs a document that states that they understand they will be terminated if you, the employer, finds out that they lied in any way on their application. This way, if you later find any of their I-9 documents were not real, you have a legal right to terminate their employment.

Train One Employee To Be In Charge Of I-9s For Your Business

It is easy to pass new employee paperwork off on whoever is available at the moment. However, the best way to ensure that all your I-9s contain the correct documents is to train one individual to be in charge of processing I-9s for your business.

Make sure whomever you choose is provided with the training they need to learn how to identify all the supporting documents that an I-9 requires. Require all new employees to bring in the original documents for the I-9. Do not accept photocopies. It will be easier for whom ever you train to spot a fake when they are looking at the original instead of a copy. Make sure that the employee responsible for I-9’s only accepts originals to examine and makes all of their own copies of the documents, front and back, for your business records.

Keep A File For Each Employee That Contains Only Their I-9 Documents

Make sure you keep a file for each employee that only contains their I-9s and supporting documents. That way, if you are given 72 hours by immigration to produce I-9s for all of your employees, it will only take you a few minutes to gather the documents together.

You can keep a duplicate of each employee’s I-9 in their personnel file. However, if you are audited by immigration, make sure you only turn over the I-9 files. Your employee’s personnel files can contain privileged information that immigration does not have the power to ask for.

Immigration attorneys like Carmen DiAmore-Siah Attorney At Law work to ensure that immigrants work legally in the United States, but it’s still your responsibility to establish they can legally work for you. Follow these tips to streamline your I-9 process and avoid legal ramifications. 

Learn More

Three Less Common Defenses To Drug Possession Charges

Common defenses to drug possession charges include medicinal use, personal use and unlawful search and seizure. However, these are not the only defenses you can use if charged with the possession of illegal drugs. Here are three other surprising defenses you can raise:

Fleeting Possession

To get a good idea of fleeting possession, picture this scenario: You are sitting next to a stranger in a public park, and he or she is popping some illegal pills. The stranger sees a police on patrol approaching and shoves the drugs into your hands. You throw the drugs away, but the officer has already seen them and arrests you for drug possession. Should you be convicted of this “crime?”

In this case, you will not be convicted of drug possession because you merely held the drugs, but quickly discarded them when you realized what they were. This is what is called fleeting possession.

Unwitting Possession

You can claim unwitting possession if you actually had the drugs in your possession, but without your knowledge. There is no way the court will prove that you are guilty of the possession if you didn’t know they were on you in the first place.

Consider an example where your boss sends you with a closed package to deliver to a client. Now suppose that the police arrest you with the package, which turns out to be full of illegal drugs. You can use the unwitting possession defense if you can prove that the package is not yours, and that you were not aware of its contents.

The Drugs are Missing

You may also avoid an illegal drug conviction if you can prove that the drugs you have been accused of possessing are missing. If you are being prosecuted for drug possession, then the actual drugs should be present as evidence. For example, if it is cocaine, then the prosecutors cannot get a sample of cocaine elsewhere and use it.

Drugs can get lost in transit, tampered with in evidence lockers or get lost due to inadequate paperwork trail. However, it is difficult to swing this defense on your own. You will need a skilled attorney who can challenge the prosecutors to prove that the drugs they have are the actual ones you were arrested with.

Now you see why it is so important to hire a criminal defense lawyer when you are accused of drug possession. Such attorneys understand the law and can come up with suitable defenses for all kinds of situations.

Learn More