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Tampa Law Firm Review

U.S. Divorce/Dissolution

As we know, Divorce in America is governed by the laws of the individual state in which it occurs. Divorce, also known as “dissolution of marriage,” is a legal process in which a judge or other authority legally terminates a marriage, restoring them to the status of being single and permitting them to marry other individuals. Divorce proceedings also include matters of spousal support, child custody, child support, distribution of property and division of debt. Divorce laws vary from state to state. While divorcing spouses once were required to show a reason for the dissolution of the marriage by assigning fault to one of the parties (like adultery, sterility, abandonment, insanity, or imprisonment), every state now allows for “no fault” divorces (usually on the basis of “irreconcilable differences”). Nevertheless, many states still allow their courts to take into account the behavior of the parties when dividing property and debts, evaluating child custody issues, and determining child and spousal support. Similarly, some states require a period of separation prior to divorce (some also require therapy), and this has led to the creation of another category of relationship called “separation.”

For purposes of distributing assets after a divorce, courts divide property under one of two basic schemes: community property or equitable distribution. In community property states, both the husband and wife equally own all money earned by either one of them, regardless of which spouse acquired it, from the beginning of the marriage until the date of separation. And if you need a divorce lawyer for your divorce case a tampa divorce lawyer can help you with your divorce case. Similarly, all property acquired during the marriage with community money is deemed to be owned equally by both spouses. Community property is generally divided equally between the spouses, and each spouse keeps keeps his or her individually owned property (usually premarital assets).

In Tampa, Florida, there’s great lawyers who can really get the job done. Because, the Tampa family lawyers are highly skilled and really focused on settlement. During your family law matter or divorce, they’ll guide you through with their knowledge, experience, efficiency and responsiveness. Their skills allow them to assist you in a more cost effective manner. And they know that family and divorce law matters are among the most difficult and stressful events that a family can face. So their job is to facilitate resolving the issues for your family in a fast and discrete manner. A tampa divorce lawyer can help you with your divorce case. And in general tampa lawyers can assist you with any type of family law case at any stage. Their experienced attorneys know when and how to aggressively represent you in a manner consistent with the best interests of you and your family.

With equitable distribution, on the other hand, assets and earnings accumulated during marriage are divided fairly, but not necessarily equally. The court may consider such factors as the respective spouses’ substantial contribution to the accumulation of the property, the market and emotional value of the assets, tax and other economic consequences of the distribution, the parties’ needs, and any other factor relevant to fairness and equity. Alimony payments, child support obligations, and all other property will be considered as part of the equitable distribution.

Filing for Divorce When also Filing for Bankruptcy

The terms of a divorce are usually determined by a court, though they may take into account antenuptial agreements (also called “prenuptial agreements”) or postnuptial agreements. Courts may also allow the parties to agree privately to terms for the divorce, subject to the court’s final approval. Such agreements are often reached after mediation or other forms of alternative dispute resolution. If the spouses are able to agree to the terms of the final divorce prior to filing, it is often called an “uncontested divorce.” Uncontested divorces are usually much less expensive, much more amicable, and much quicker than disputed divorce cases.

In cases involving children, states have a significant public interest in ensuring that the children are adequately provided for, and that they are in the custody of a parent or guardian who will provide a stable and supportive home environment. All states now require parents to file a parenting plan or to decide on custody and visitation, either by reaching a written agreement or in a court hearing, when they legally separate or divorce.Divorce law deals with the legal proceeding governed by state law that terminates a marriage relationship, requiring a petition, or complaint for divorce or dissolution by one of the parties. Once a divorce is final, parties to a divorce are free to remarry. Grounds for divorce vary by state statutes. Some states still require a minimal showing of fault, but no-fault divorce is now the rule, with some states allowing divorce based on fault and no-fault grounds. Only state courts have jurisdiction over divorces, so the petitioning or complaining party can only file in the state in which he/she is and has been a resident for a period of time. In most states the period from original filing for divorce, serving the petition on the other party and final judgment, or decree, takes several months to allow for a chance of reconciliation.

A fault divorce is one in which one party blames the other for the failure of the marriage by citing marital misconduct or other statutory cause for judicial termination. Fault divorces are most common where abuse is a factor. Abandonment, desertion, inability to engage in sexual intercourse, insanity, and imprisonment are other causes for fault divorces. In many states, the waiting period is shorter for fault divorces. In states that do allow fault divorces, the spouse who proves the other’s fault might receive a larger share of the marital property or more alimony.

And also, no fault divorce is where neither spouse is required to prove fault or marital misconduct on the part of the other and one party must simply state a reason for the divorce that is recognized by the state, such as incompatibility, irreconcilable differences, or irretrievably broken. In some states, a couple must first live apart for several months before they can obtain a no-fault divorce. No Fault divorces are the most common type of divorce.

An uncontested divorce is a proceeding in which a person sued for divorce does not fight it and instead reaches an agreement with the spouse during the proceedings. In these cases, the terms of the divorce are agreed upon by both parties. Uncontested divorces are generally much more amicable and economical than other types of divorce.

The possible issues needed to be addressed in divorces include: division of property and payment of debts, child custody and support, maintenance (spousal support), child visitation and attorney’s fees.

And for the purposes of distributing assets after a divorce, courts divide property under one of two basic schemes: community property or equitable distribution. In community property states both the husband and wife equally own all money earned by either one of them from the beginning of the marriage until the date of separation. In addition, all property acquired during the marriage with community money is deemed to be owned equally by both the wife and husband, regardless of who purchased it. Community property is generally divided equally between the spouses, while each spouse keeps his or her separate property. With equitable distribution, assets and earnings accumulated during marriage are divided fairly, but not necessarily equally.

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The Do’s And Don’ts After A Car Accident

There have been several instances when innocent people have seen the worst of their times after surviving a car accident. This often happens with victims who are unaware of certain things they should not ignore. In this article, we have discussed what you should do and not do if your car gets into an accident on the road.

Do’s

That one critical question – are you alright?

You probably know how dangerous and injurious car accidents can become. From minor scratches to fatal injuries to even life-loss, accidents can turn out to be grave. And most of all, these situations are a result of panic. You need to hold a grip of your senses so that you can figure out more about your injuries and look for help accordingly. In case you require any emergency medical help, get it immediately.

Note down the license number

Most drivers get away from the situation once they hit another car while driving either by mistake or driving recklessly. You might not even get time to have control over your car and get out of it before the liable driver escapes. Therefore, try to keep your mind calm and be as attentive as possible. It is also important that you note down the license number of the other car involved. This might prove as a crucial piece of evidence while claiming the insurance.

You need to call the police

The next thing you must do is to call the police. Tell them about the accident in brief along with all the essential information they will ask for. Apart from that, try to collect all the evidence until the police arrive at the scene. For example, you can use your smartphone camera to capture photographs of the damaged cars and tire marks on the road.

Don’ts

Don’t Panic

Yes, being involved in a road accident can give a shock to your state of mind. Many people even take a few minutes to get out of such a trauma. Keep in mind that you should not panic in such situations and act wisely. Come out of the car, take a walk to confirm you are fine. Breathe easy and once you feel alright, follow the “Do’s”.

Don’t go on your own; hire a lawyer

You should not try to file your claim on your own. This may affect the ruling of your case. The paperwork and related procedures are quite cumbersome and require utmost care while making
sure that you don’t file any document in the wrong order or format. It would be best for you to hire a lawyer. They are the ones who will represent you in a court of law for better results.
As now you know what to do after being hit by another car on the road; let’s discuss the role of a lawyer in your case to claim personal injury and loss as a victim.

The real test of time begins once you file the claim

The other driver’s insurance company will try to offer you monetary relief that may not meet what you deserve. In fact, you would require providing answers to their long list of questions before they approve your claim. Yes, it is a long way to go. Here you would require the lawyer on your side to claim a reasonable amount as compensation without any hassles.

First things first

Consulting the lawyer means you’re giving a boost to your case. However, everything starts with a detailed conversation and you will actually need to elaborate the entire accident and whatever happened after that. Show them everything you have as evidence in support of your claim. Then, they will suggest what you should do next.

The investigation

Despite the reports submitted by the local police or the insurance company, your lawyer will investigate the case on their own terms. For instance, they will consult with police officers, other investigators, eyewitnesses, doctors, etc. The reason they would do that is to make sure your case stands strong enough to rule in your favor.

The paperwork

Maintaining the paperwork can become excessively exhausting as you might not know the in-depth details of your state laws as aforementioned. But you need not worry as your lawyer will be there to draft demand letters, complaints, witness reports, supporting evidence, interrogations, pleas, and other litigation documents. Not only this, but the lawyer will also keep a track of case deadlines and submit paperwork on time.

Road accidents can be distressing. Just having the know-how of what needs to be done and what should be avoided can help keep the stress at bay and minimize your sufferings

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DUI: Tips from Professional Attorney Jonathan Lapid

Mississauga, Canada, Drunk Driving Defense
Jonathan Lapid — Attorney at Law

If you have been arrested for and charged with DUI in Mississauga, DO NOT underestimate the seriousness of the charges against you. DO NOT admit to anything or try to talk your way out of it.
DO be polite and DO contact the best DUI attorney.

Most Lawyers Charge Significantly More for Trial Work — I Almost Never Do As a lawyer, I have been defending the rights of people in Canada for more than 35 years. Over the course of that time, I have represented many individuals who were charged with drunk driving and I have helped them minimize the damage to their lives. As a result, I know that this is a frightening time and that you are probably wondering about things like the criminal penalties, the suspended driver’s license or the ignition interlock.

If you contact me to talk about your DUI case, I will do my best to answer these and any other questions you have. I do not charge a fee for the initial consultation or advice on a case, regardless of whether our conversation takes place over the phone or at my office. I also want to assure you that anything you tell me is absolutely confidential, even if I am not retained as your attorney.

What is the difference between DUI and DWI?

The short answer is that both charges are equally serious and carry matching punishments. The primary difference is that DUI is charged for driving under the influence of alcohol or drugs. This does not require a breath reading. Instead, the DUI charge deals with suspicion of driving while under the influence, according to the manner of driving, physical and mental symptoms of impairment, or verbal admissions.

By contrast, DWI is charged when Breathalyzer or blood alcohol test results measure .08 percent or greater within two hours of driving. It is not uncommon for prosecutors to file both of these charges along with any others they feel might stick.

Unlike most defense attorneys, I do not usually charge additional attorney fees if your case goes to trial.Jonathan Lapid — Attorney at Law

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Mike G. Law Firm: Review

Criminal laws, also known as “penal laws”, are designed to conform behavior and protect individuals and society, as a whole. Conduct is either barred or mandated, meaning that certain conduct that has been deemed harmful is prohibited and conduct that is deemed necessary is required.

Federal crimes are detailed in Title 18 of the United States Code; crimes at the state or local level are listed in each state’s or local authority’s individual crimes code.

Criminal defense attorneys represent people who have been arrested or are being questioned for a crime. A criminal conviction stays on your record forever and the consequences are fierce: jail; fines; job loss; family discord; loss of professional license; loss of reputation in the community; difficulty renting an apartment, buying a house, or getting a job.

What are criminal defenses?

Under U.S. law, prosecutors must prove guilt beyond a reasonable doubt. Successful legal criminal defenses involve proving a reasonable doubt in court about any of the required elements of the crime as defined in the penal code.

The crime of criminal threats or Penal Code section 422 has become an increasingly common offense charged in the state of California. The offense started out as “terrorist threats” and still is referred to by that nickname even though the statute no longer uses that terminology. Criminal threats is a felony wobbler meaning that it is capable of being charged either as a felony or a misdemeanor depending upon the severity of the evidence.

You know, If charged as a felony the offense is considered a strike crime meaning that a conviction down the road for any other felony will increase the punishment and a third strike will carry a sentence of 25 years to life. This particular offense is most commonly seen in domestic violence cases and circumstances involving gangs and disputes among neighbors.

The Criminal Defense Attorney’s Strategy

As your criminal defense attorney his or her job is to protect your rights and ensure your access to a fair trial. And also, by examining the circumstances surrounding your case and weighing the strength of the evidence against you, your defense lawyer will apply current law, along with previous legal precedent, to your specific situation and use it to devise a solid legal strategy and build the best possible case for acquittal.

What is a criminal defense lawyer?

A criminal defense lawyer specializes in defending individuals and companies that have been charged with a crime or are facing criminal investigation. Criminal law is defined in local, state and federal legislation. Each state sets its own definitions and punishments for crimes and most crimes charged as state crimes.
Criminal defense lawyers provide counsel and representation to clients dealing with criminal investigations, accusations, arrest, criminal charges, sentencing, probation, appeals and post-trial issues.

In criminal cases where ample evidence of innocence exists, a capable attorney will leverage that evidence to its best advantage on your behalf. Where such evidence appears to be lacking, your criminal lawyer will make a thorough investigation to uncover any hidden evidence, unknown witnesses, or other mitigating factors that would strengthen your case. Learn more about some of the basics of criminal law.

Do you need a criminal defense attorney?

Mike G Law will definitely represent you well as your criminal defense attorney. He’s not your friend, your counselor or your buddy. He just pledges to provide you with excellent representation throughout your case, but he states that his focus is not on hand-holding.

If you’ve been arrested and accused of a crime — particularly a felony such as homicide — you’ll need a criminal defense attorney to protect your rights. Individuals who are already on probation or parole for another felony will find it equally important to retain a capable criminal law attorney. Even those accused of lesser crimes like theft or simple assault are likely to need legal representation from a licensed criminal defense attorney.

You can contact Mike’s office and he will provide you with an honest assessment of your options, given your individual circumstances.

Call Mike G Law at 813-221-4303, because, he is a great criminal attorney.

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Tampa Personal Injury Attorneys: Simplify Your Legal Needs

You know, If you have been hurt, you may be entitled to compensation for your pain and suffering. A dedicated firm at tampa personal injury attorney, PC believes that you should not have to spend your time and energy fighting for what you deserve when you could be spending your time resting and recuperating. When you need the support of an experienced and knowledgeable accident attorney in Tampa, Fla. you can rely on a tampa personal injury attorney to help you cover your bases for the following legal situations:

The Personal Accident Lawyer You Can Count On

You can, invest in your own future by choosing the personal accident lawyer who will fight for your rights. And he don’t treat his clients like case numbers, because he cares – and also because he knows that approach won’t deliver the results you deserve. I am ready to dig into the specific details of your particular case, and take care to prepare the kind of representation that will most likely affect the best possible outcome.

And when a person is involved in an accident, it is not unusual for financial disruption to occur. Not only is the injured person unable to work, but at the same time may have an increase in financial obligations. If it is fairly obvious that you will be unable to meet your financial obligations, you should immediately notify your various creditors before you become greatly in arrears on your required payments and ask them to suspend your payments until such time as you have returned to work.

Usually creditors will understand if they’re told what to expect in advance, and will make reasonable arrangements for payments to be delayed. If necessary, your attorney can contact your creditors for the purpose of verifying the accident and, if requested, agree to protect your creditor’s claim out of the proceeds of any settlement. When checking with your creditors, you should check to see if you have Credit Disability Insurance which makes your loan payments while you are disabled.

Learning the Basics: Personal Injury Law

Personal injury law (also known as tort law) allows an injured person to go to civil court and get a legal remedy (damages) for all losses stemming from an accident or other incident. The purpose of the personal injury system is to allow the injured person to be compensated financially or “made whole” after he or she has suffered harm due to someone else’s carelessness or intentional conduct. In this article, we’ll cover the basics of personal injury law.

We all know that most personal injury cases are based on the doctrine of negligence. In essence, negligence requires every member of society to act responsibly and avoid putting others at risk. That is not to say that negligence will result each time someone gets hurt. Because, the doctrine recognizes that some accidents are unavoidable. To establish liability, the plaintiff must show that a reasonably prudent person in the defendant’s position would have acted differently under the circumstances.

What is Personal Injury Law?

Personal injury law refers to the legal remedies and defenses involved in civil lawsuits brought as a result of wrongful conduct. In fact, the word “tort” comes from a Latin term meaning twist, wrong, or harm. In contrast to criminal law, a tort action does not involve the government prosecuting the wrongdoer. Rather, these cases involve a private plaintiff seeking compensation (usually money) for the harm caused by the defendant’s actions.

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Why Should You Hire a Criminal Lawyer?

What is Criminal Law?

Criminal law concerns the system of legal rules that define what conduct is classified as a crime and how the government may prosecute individuals that commit crimes. Federal, state, and local governments all have penal codes that explain the specific crimes that they prohibit and the punishments that criminals may face. Individuals who violate federal, state, and local laws may face fines, probation, or incarceration. A great personal injury attorney tampa can get the job done. Lawsuits against criminals are initiated by prosecuting attorneys who act on behalf of the government to enforce the law.

We all know that a crime is any act or omission of an act in violation of a law forbidding or commanding it. Most crimes are defined by statute, and they vary tremendously across different states and counties. The Model Penal Code (MPC) provides a good overview of the most common types of crimes, while the U.S. Code provides a list of all federal crimes. For a list of crimes in your state or local municipality, it is best to check your local penal code.

And while specific criminal acts may vary by jurisdiction, they can be broadly characterized as “felonies” and “misdemeanors.” Felonies include more serious crimes, like murder or rape, and are usually punishable by imprisonment of a year or more. Misdemeanors are less serious offenses and are punishable by less than a year of imprisonment or fines.

What is an Arrest Warrant?

An arrest warrant is a document that authorizes police to arrest a person that they suspect has committed a crime. A magistrate will issue an arrest warrant if a police officer submits a sworn affidavit showing probable cause that a specific crime has been committed by the person named in the warrant.

Can a person be arrested without an arrest warrant?

Yes. Typically, if a police officer has probable cause to believe that a crime has been committed, the officer may make an arrest without an arrest warrant. There are two exceptions to this general rule. First, absent exigent circumstances, officers must obtain an arrest warrant before arresting a suspect in their home. Second, most jurisdictions require an officer to obtain a warrant to arrest a suspect for a misdemeanor offense, unless the misdemeanor was committed in the officer’s presence.

You know if an arrest warrant was required and was not obtained before the arrest, or if the arrest warrant was issued without a showing of probable cause, a suspect may contest the validity of the arrest. If you need an auto accident attorney tampa if you need an auto accident attorney. A person will not be set free because their arrest was illegal. An illegally arrested person may, however, argue to exclude from their trial any evidence found during a search incident to the arrest or any statements made to police after being arrested.

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