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Divorce Disputes: Division of Property

Posted by on Aug 10, 2017 in Marriage | 0 comments

Divorce can be a very challenging legal matter. It can involve a lot of disagreements regarding many subjects, such as child custody, spousal support, and division of property. Though it can be said that child custody is the most emotional subject, you shouldn’t disregard division of property, because it is your assets and liabilities we are talking about here.

How Properties Are Divided

But how are properties divided during a divorce? They are divided in two ways – community property and equitable distribution. The way will depend on your state. For example, according to the website of Higdon, Hardy & Zuflacht, Texas is a community property state. This means that Texas family courts utilize the rules of community property when it comes to property division.

What is community property and equitable distribution anyway? In community property, all marital properties will be distributed equally between you and your spouse. You and your spouse will also be able to keep properties that solely belong to their rightful owner, like gifts and inheritances.

In equitable distribution, the properties are divided in a way that is just, meaning the spouses will receive their rightful portion. Unlike community property, the division of properties is usually uneven, to favor a spouse that has contributed more to the accumulation and acquisition of these properties.

Community property and equitable distribution have advantages and disadvantages over the other, like how community property can result into unfair division for the person who has contributed more and how equitable distribution can put one spouse at a serious financial standing decline.

How to Protect Yourself from Unfair Division

But to avoid problems, it is best to have a prenuptial agreement. This is a document that can state what will happen in the event of a divorce, including how the properties will be divided. For example, in a prenuptial agreement, you can state which of your properties are not considered marital, so in the event of a divorce, your spouse will not have a financial right over these properties.

Also, you can protect your children from another marriage. During a divorce, your properties may unfairly be given to your second ex-spouse, so nothing will be left for your children from another marriage. You can use a prenuptial agreement to ensure that all your children will benefit.

Having a prenuptial agreement may sound insensitive, because even before the marriage, you are already assuming that you and your partner are going to separate. But that is merely an impression. You are just ensuring that you and your children will not get the short end of the stick, when a divorce does occur.

Safe Bicycle Riding Practices

Posted by on Jun 7, 2017 in Bike Accidents | 0 comments

Safe Bicycle Riding Practices

Bicyclists are some of the most defenseless motorists on the road. They are not like drivers who have metal frameworks that can absorb the force from accidents. They are relatively smaller and slower compared to vehicles, making them less visible and more likely to be swiped.

Bicycle accidents, at their worst, can result to traumatic brain injury, paralysis, amputation, and even death. Those who are relatively lucky will sustain less severe injuries, such as bruises, cuts, lacerations, and road rashes.

According to the website of The Benton Law Firm, those who have been injured in bicycle accidents may get compensation from negligent drivers who have caused the collisions. This is justified, especially if the bicyclists have not done anything wrong yet they have been the ones who have been hurt.

But even though the law hears the victims, bicyclists should also make the effort in preventing bicycle accidents. Here are some safety tips:

  • Always wear protective equipment, such as helmets, elbow pads, and knee pads
  • Maintain your bicycle to make sure that it is always in its most efficient condition
  • Always check your bicycle before riding, particularly the brakes, seats, pedals, and tires
  • Address visibility issues by wearing reflective clothing and utilizing bicycle lights
  • Avoid riding while distracted, drunk, or fatigued
  • Follow traffic rules and stay on bicycle lanes
  • In the absence of bicycle lanes, stay on the edge of the road
  • Stay alert, especially in pedestrian areas and parking entrances and exits
  • Be wary of obstructions, such as barriers, road signs, tree branches, and vehicle doors that suddenly open
  • Be wary of potential hazards on the road, like potholes and debris
  • Be careful in riding on weather conditions that may limit tire traction and road visibility

Riding bicycles is supposed to be fun. You can stay fit, enjoy the environment around you, and not worry about gasoline and vehicle maintenance. But all that fun can be taken away from you if you don’t ride safely.

Defend Yourself against Insider Trading Charges

Posted by on Feb 19, 2017 in Uncategorized | 0 comments

In 2003, a stockholder of biopharmaceutical company ImClone Systems was found guilty of insider trading. The guilty decision was based on her selling of her stocks afer she was tipped by a broker at Merrill Lynch that the chief executive officer (CEO) of ImClone Systems sold all his shares of the company. The convicted stockholder saved herself from losing as much as $45,673 due to her early sale of 4,000 shares of her stocks; she was, however, fined $30,000 and sentenced to five months imprisonment.

Insider trading refers to the unfair practice of making investment decisions based on non-public or undisclosed information about a company’s securities and/or stocks. An insider, who has access to valuable non-public information on stocks or other securities of the corporation where he/she is employed or connected, can be a person, like a broker, a client, a key employee, an executive, a director or a major owner of stock; it can also be another entity, though, like a bank, a law firm or a government institution. Insider trading is illegal because, first, it gives tipped individuals a definite market advantage over common investors and, second, it violates the trust investors place in the securities market and undermines a sense of fairness in investing.

According to the website of the U.S. Scurities and Exchange Commission (SEC), “Illegal insider trading refers generally to buying or selling a security, in breach of a fiduciary duty or other relationship of trust and confidence, while in possession of material, nonpublic information about the security. Insider trading violations may also include “tipping” such information, securities trading by the person “tipped,” and securities trading by those who misappropriate such information.”

Insider trading, however, is not always considered illegal. “The legal version is when corporate insiders, officers, directors, employees and large shareholders, buy and sell stock in their own companies. When corporate insiders trade in their own securities, they must report their trades to the SEC. Many investors and traders use this information to identify companies with investment potential, the theory being, if the insiders are buying the stock, they must know more about their company than everyone else, so it is a good idea to buy the stock.”

The SEC monitors illegal insider trading activities by looking at the trading volumes of stocks. Volume of stocks usually increases after information on company securities is released to the public. If volumes increase dramatically, however, despite absence of public information, this will be interpreted by the SEC as a warning flag. This will then be investigated by the SEC to find out if illegal insider trading was committed.

As explained by the law firm Horst Law, acts of securities fraud are investigated by the Securities and Exchange Commission. Due to limited resources, the SEC is not able to effectively prevent securities fraud, but instead reacts to cases after they occur. As such, it is not uncommon for people to contact a criminal defense attorney before charges are even brought simply because they have become the target of an investigation. Many times, seeking help early can prevent charges from being filed in the first place.

Once you come to know that insider trading charges have been brought against you, you should immediately begin working with an experienced lawyer to develop a legal strategy that will challenge and combat those charges.

Divorce Alternatives: Learning More About the Collaborative Divorce Process

Posted by on Oct 21, 2016 in Uncategorized | 0 comments

Anyone who has ever gone through a divorce will know just how emotionally exhausting an experience it can be. Even couples that start the process amicably often end up in serious disagreement over issues such as property division, alimony, and child custody and child support payments. Fortunately, couples going through such contentions in their divorce process can look to several different options for a solution.

A collaborative divorce process is among the many options available for couples who find themselves stuck in an impasse regarding certain issues. Collaborative divorce is an especially helpful solution for spouses looking to maintain a friendly relationship with one another. Unlike traditional litigation, a collaborative divorce fosters an environment where couples can communicate and negotiate openly in order to work through disagreements as amicably as possible. The process begins with each spouse hiring qualified divorce attorneys who will then be present in every step of the way in order to offer assistance and provide appropriate counsel. The term “collaborative” comes into play because the entire process involves the participation of both spouses and each of their legal representatives.

For Marshall & Taylor, P.C., collaborative divorces can be particularly advantageous due to the numerous benefits it can offer. For starters, a collaborative divorce can be resolved far more easily and in less amount of time than a divorce that is settled through court. It also allows the couple far more control over the outcome of their divorce process, relieving them of the usual sources of stress and anxiety in such situations. Best of all, the whole process is significantly less expensive than traditional divorce options.

If you and your spouse have decided that a divorce is the best course of action for you and your family, you might want to consider going through a collaborative divorce to ensure a less turbulent process. Contact a qualified divorce lawyer to learn more about collaborative divorce and other available options.

Auto Liability Insurance Policy: Make Sure You Carry One

Posted by on Jun 22, 2016 in Insurance | 0 comments

In all U.S. states, except in New Hampshire, carrying auto liability is a must for all those who want to have driving privileges. New Hampshire is the only state where drivers are not required to carry auto insurance coverage; the state, however, does not stop them from purchasing an auto insurance policy if they choose to. In the state of Virginia, on the other hand, drivers have the option to either carry auto liability insurance or pay the state’s Department of Motor Vehicles (DMV) the required uninsured motor vehicle fee as an alternative to purchasing an auto liability insurance policy). Thus, drivers, who will be caught driving or who will get involved in accidents and fail to show proof that they carry auto liability insurance, face the risk of having their driver’s license suspended, be required to file an SR-22, or pay fines. To make sure that they are covered, drivers are, therefore, required to show proof of financial responsibility whenever they renew their license or register their car.

States, where carrying auto liability insurance is a mandate, require drivers to purchase either a tort insurance policy or a “no-fault” insurance policy. The tort insurance policy in required in thirty-eight states known as “tort” or “fault” states; the “no-fault” insurance coverage is the policy required in 12 states, also called “no-fault” states.

In the tort or fault system, compensation to accident victims is paid by the at fault driver’s insurance provider. If the compensation paid by the insurance firm is not enough to fully cover all the damages and losses suffered by the victim, then the victim may file a civil lawsuit against the at-fault driver for further claims. In the event that both drivers are found to be partly at fault, then both pay each other, with the amount of payment based on the degree of their accountability in the accident. Compensation should cover cost of medical treatment, wages lost, and pain and suffering.

Under the “no-fault” system, drivers who get involved in accidents are paid by their own auto insurance providers, regardless of whose fault the accident is. The states of Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania and Utah recognize the “no-fault” system.

Millions of drivers, however, purchase a car insurance policy but stop paying their premium right after renewing their license and registering their car. The most common reason why they do this is the high cost of auto insurance. By using free auto insurance quotes, however, law firms like Habush Habush & Rottier S.C. ®, for instance, says that drivers will surely find the most ideal insurance deal, regardless of their driving history, credit history, age and driving experience. Any information about the best auto insurance which will fit drivers’ budget can be provided by a truly reliable independent car insurance firm.

Benefits of Healing Clay to Animals

Posted by on Feb 5, 2016 in Natural Health | 0 comments

Pets can also get the health benefits that bentonite healing clay offers. It has been used in various cultures and is widely known for its therapeutic effects, mainly in detoxifying and cleansing the body of harmful natural and synthetic toxins and strengthening the immune system against sickness. This is the main reason why many animal owners prefer to include healing clays in their animals’ food and water because they instinctively know it is the healthier option.

In order to get the best from bentonite healing clay, it is important to know that there are different types of bentonite clays, and the uses can also differ depending on the prevalent mineral in it. Consulting with a veterinarian is important to ensure that the bentonite clay you choose to use will be the one that your pets need. According to the website of Earth’s Natural Clay, there are generally two ways that you can use healing clays on your pets; externally, such as topical poultice for wounds and cuts, or as bath clays for general external detoxification and internally, where the healing clay is mixed with the food or water or give them the solution directly through a needle-less syringe.

When considering using calcium bentonite clay for pets, make sure that you are not using any metallic things while preparing it because the metal can neutralize the negative ions and make the clay lose its effectiveness. Also, make sure that there is plenty of water for your animals to drink when you are giving them bentonite healing clay to avoid dehydration. LiveStrong.com advises to start slowly, as internal use of bentonite can cause some intestinal discomfort. You can minimize or avoid this side effect by drinking plenty of water and other fluids until the bentonite in the system passes. Avoid giving bentonite clay orally to your pets if they are already suffering from high-fat diets, impaction or constipation, and if they are already taking medication. Although bentonite clay can serve as a great supplement to your pets everyday diet, if they are taking medication for a certain disease or sickness, then refrain from giving them the healing clay to avoid affecting the efficacy of the medications or treatments.