Getting Divorced in California? Here’s What You Need to Know

Whether you are thinking about filing for divorce or you have just been served with divorce papers, you are about to go through one of the most difficult times of your life. Even when the decision has been a mutual agreement between both parties, it is still frustrating and defeating. First, all states have different laws and requirements concerning divorce, and you are required to adhere to them.

So, are you getting divorced in California? Here’s what you need to know before commencing the legal process so you can smoothly finalize the divorce and start a new life.

The Date of Separation

Many couples separate for months or even years and then decide to get a divorce. In California, the date of separation is crucial when it comes to property division. Any property that was acquired before the separation is deemed community property and will be considered during the property division. Any property acquired by either party after the separation is considered separate property. Therefore, it is important to have a clear record of the day of separation, especially if you or your ex acquired property after this period.

No-Fault Divorce

California was the first state to adopt the “no-fault divorce.” No-fault divorce means that a court of law can dissolve a marriage without requiring any proof of fault from either party. There doesn’t have to be cases such as infidelity, abuse, or any other fault to get divorced. Therefore, if you wish to file for a divorce due to irreconcilable differences or an irreparable breakdown of the marriage, the court will grant the divorce.

Residency Requirement

Before filing a divorce in California, at least one spouse must be a resident of the state for six months, or 180 days. After filing the divorce, you are required to present the paperwork to your ex-partner and wait six months to finalize the divorce. If any issues arise, for instance, if one party does not agree to the terms of the divorce, the process can drag on even further. That’s why it’s a good idea to find a divorce attorney in Rancho Cucamonga, CA, so that they can handle all the legal paperwork and issues arising from the divorce.

Marriage Dissolution Process

A couple that has been married less than five years and has limited property and no kids usually has a simple and straightforward divorce. If there are no disagreements, the parties don’t even have to go through the court process. However, if you have kids, own a lot of property, have shared debt, and have been married a long time, you must follow due process. This process comprises the following steps:

  • One party files for divorce and serves their partner with the paperwork
  • The respondent gets thirty days to respond to the petition
  • Either party can request temporary court orders such as child support, restraining orders, and child custody
  • Both parties exchange information and paperwork that is relevant to the divorce
  • Both parties and their attorneys discuss the settlement and other related issues
  • After agreeing on the settlement, the couple signs a marital settlement agreement and finalizes the divorce

If the parties don’t agree to the terms of the divorce, the case will proceed to trial where a judge will hear the case and make a ruling, which may favor one party over the other; the ruling is usually final.

Final Thoughts

Getting a divorce is an arduous process, and it can be simple or complicated depending on issues surrounding the divorce and the ability of both parties to come to a mutual agreement. It is important to seek the services of a divorce attorney so that they can offer valuable legal advice during the settlement. If the case proceeds to trial, an attorney will ensure that your interests are represented in court.

Who Can Help After You’ve Been Charged with Drunk Driving?

One of the most common causes of auto accidents is drunk driving. When you decide to drive your vehicle while you are intoxicated, you are a danger not just to yourself, but also to other road users. If you are caught driving while intoxicated, you should expect to be charged with drunk driving.

The penalties you could face if convicted will depend on the nature of the charge. After all, if you have previously been convicted of a similar offense, you can expect stiffer penalties. If you injured someone in a drunk driving accident, you can be charged with a felony. Similarly, the penalties can be much more severe if you were driving a vehicle while drunk with a minor in the vehicle.

DUI Penalties

The most common DUI penalties include suspension of driving license, jail time, and huge fines. If convicted, your license can be suspended for several months to years; it may even be revoked depending on the severity of the charges. When it comes to jail time, you can expect to spend a few days in jail when arrested. If convicted of a third DUI charge, or a felony DUI, you can expect to spend months to years in prison. In addition, you will be required to pay hundreds or even thousands of dollars in fines and assessments if convicted.

In every DUI conviction, the convict must install an ignition interlock device on their vehicle to prevent them from driving while intoxicated in the future. As you can see, the consequences are quite serious, so you should consider getting help when you are facing DUI charges. So, who can help after you’ve been charged with drunk driving? The answer is simple – call a DUI defense lawyer.

Finding a Suitable DUI Lawyer

There are many DUI lawyers that can handle your drunk driving case. Since they are not all the same, however, you should consider doing some background research to find the best attorney for your needs. The ideal lawyer should have years of experience in the industry. They must have also represented tens, if not hundreds, of clients in the past.

Be sure to also compare the success rates of different lawyers before committing yourself. This is crucial because you want to boost your chances of getting the best outcomes possible. The fees charged by an attorney and their reputation in the industry should also be checked. Be sure to check out the drunk driving lawyers at Hersem Law for assistance when charged with a DUI.

Fighting a DUI Charge

When charged with a DUI, there are several defenses you can use. the best is claiming that the arresting officer stopped you illegally. If your vehicle is in good condition and you were driving responsibly under the speed limit, your lawyer can argue that the stop was illegal. An illegal stop is enough reason to have the case thrown out of court.

Faulty BAC determination procedure is also a common defense. Your lawyer can take a look at the training of the officer as far as using the breathalyzer is concerned to find loopholes. If the officer was not properly trained on how to store, use, and maintain the breathalyzer, your lawyer could claim that they did not properly determine your BAC due to poor procedure.

How to Get Started on Your Alabama Injury Lawsuit

You need to be aware of the legal rules that govern your case if you are ever involved in a personal injury lawsuit in the state of Alabama. For instance, Alabama abides by a statute of limitations, and this simply means that a timeframe is imposed or allocated to every person who wants to file a personal injury lawsuit in the state. In Alabama, you have two years from the date of your accident or injury in which to bring a formal case in a court of law.

If you do not file your case within the two-year period, your case will probably be time-barred, the court will refuse to hear your case, and ultimately, you lose your opportunity to claim compensation. So, it is very important that you take note of the two-year statute of limitations in Alabama.

Another scenario that you should anticipate is the fact that the defendant will likely try and place some of the blame of the accident squarely on your shoulders. While many states abide by laws that allow both the plaintiff and defendant to share some degree of blame for the accident, in Alabama, you are subjected to the contributory negligence law.

The contributory negligence law basically means that if the defendant can prove that you are even one percent at fault for your personal injuries and you did play a part in the accident, then you will not receive compensation for your injuries at all. Therefore, it is advisable that you speak to a Birmingham injury attorney prior to filing a lawsuit against the defendant. An experienced lawyer will be able to advise you on what your chances are of winning the lawsuit.

If you are involved in a personal injury case in Alabama, you should take note of the fact that there are no limits placed on compensation for damages. Furthermore, if you can show clear and convincing evidence of malice, then you may even be entitled to punitive damages. Punitive damages are referred to as pain and suffering, loss of enjoyment of life, and other non-tangible damages.

Dog owners are strictly liable for any injuries that their dog causes to any other individual. This law in Alabama is referred to as the “one bite” rule.

If you are bringing a lawsuit against a government entity in the state of Alabama, then there are a separate set of procedures that you must follow if you want to get compensation. A personal injury attorney will advise you of how to get started on your Alabama injury lawsuit.  So, get acquainted with the personal injury laws in Alabama and ensure that you have your facts prior to filing a lawsuit.

Where Can Injured North Carolina Workers Get Help?

Workers should be able to do their jobs without any worries about their health, safety, and well-being. Employers should provide them with a reasonably safe environment and listen to their concerns. In case a worker gets injured on the job, immediate help should be extended, and the process of compensation should start moving.

The state requires employers to carry workers compensation insurance. This acts as an immediate solution that prevents costly litigation and preserves harmonious working relationships. So where can injured North Carolina Workers get help? The following steps should be followed according to the NC Industrial Commission:

Medical Treatment

The most important thing is to get medical treatment right away. A doctor should examine the injuries sustained and appropriate remedies should be taken to put the worker out of harm’s way. Recovery and rehabilitation may follow, if necessary. In some companies, there is an on-site health care provider that can attend to accident victims in a snap. In others, workers may have to go to a designated health care office as directed by the employer. The rest will simply have to go to a facility that can adequately provide for their medical needs. Minor injuries may be treated by a family doctor. Others may have to be rushed to the emergency room of a nearby hospital.

Proper Billing

Tell the health care provider that the injuries sustained were due to a work-related accident and name the employer to facilitate the bill processing to the appropriate party. They should be able to bill for the treatments provided with a workers’ compensation claim. Injured persons should then be able to focus on getting better instead of worrying about the substantial cost of medical services. The main goal is to return to previous shape and be able to work again in the soonest possible amount of time.

Employer Report

Employers should be informed about the incident as soon as possible. It would be best if the injured workers are able to explain what happened personally. However, this is often difficult because of the extent of their injuries. Family members, friends, or health care providers can relay the information on behalf of the worker. The important thing is that the notification is provided quickly and that the relation of the injuries to the work of the person is established. A more formal written notice can be provided later, but usually within thirty days of the accident stating the date of the incident and a description of the injury.

Legal Assistance

The insurance system should be able to move towards covering the bills while the worker recovers. If it does not, then getting a Durham workers comp attorney should be considered to set the record straight.

How Does South Carolina Handle Dog Bite Lawsuits?

Dogs can be great pets and useful companions in various situations. However, they can also become aggressive and violent. They could attack people and cause serious injuries in the process. The victim may be able to sue for compensation, if the conditions under the law are satisfied. Here are the basics of how South Carolina handles dog bite claims:

Liability for Attacks

The legal liability for the attacks obviously cannot fall on the animal itself, since it has no standing or ability to provide compensation. Instead, it is the owner or person taking care of the dog who absorbs the fault. It does not matter if this happened in a public or private place, if the victim was in the private property in a lawful manner. For example, he might have been a guest or a tenant. The owner would carry no liability if a trespasser was bitten by the dogs, since it is a case of illegal entry.   

No One-Bite Rule

Some states are lenient towards owners. They follow a one-bite rule, which can save people from liability if the dog had no previous history of attacks or other violent behaviors. Essentially, the first bite only serves as the warning. The second bite is when the penalties will start, since owners should already know better.

South Carolina is not one of these states. Instead, it follows the strict liability rule which calls for a penalty from the first instance. Residents are expected to exercise caution with regards to their dogs. They should put restraints to prevent their pet from harming others and exercise complete control over it.  

Effect of Provocation

Injured persons cannot collect compensation if they provoke the dog to attack them. For example, a group of drunk men may have thrown rocks at a dog. If it retaliates by biting them, then the owner cannot be faulted. The harassment triggered the incident.

Law Enforcement Dogs

Law enforcement officers often use K-9 units in their work. Dogs have an amazing sense of smell that has proven to be effective in sniffing out drugs, bombs, escaped prisoners, and much more. If a police dog attacks a person in the line of duty, then the handler or the agency may not be liable for the injuries. An example would be chasing someone who is trying to evade arrest.

If you think that you are entitled to compensation after being bitten by a dog, then call an injury attorney in South Carolina and discuss the facts of the case today.

Most Common Fatal Accidents in Milwaukee

Accidents have been found to be the leading cause of death for Americans under the age of forty-five. This is also true for the state of Wisconsin. The most common fatal accidents in Milwaukee occur on the road. A look at the fatalities caused by car accidents in Wisconsin is quite alarming. In fact, in the last five years, the County of Milwaukee has recorded the highest fatality rate in vehicular crashes in the state.

Some of these accidents were caused by drunk driving and negligent driving behavior. These accidents have led to the deaths of drivers, passengers, and many pedestrians. If you or a loved one has been in an accident that has led to the death of a person or persons, it is time to contact a fatal accident attorney.

There are many legalities that need to be considered and it is vital that you have a lawyer by your side. Every state has its own laws when it comes to fatal accidents and your lawyer will ensure that your case is presented with all the facts. You may find that while you deal with the ramifications of a fatal accident, you are harassed by the other driver and their insurance company. Your fatal accident lawyer will put an end to such behavior.

How to Deal with the Most Common Fatal Accidents in Milwaukee

While transportation accidents account for the most common fatal accidents in Milwaukee, personal injuries, fall and slips, and occupation related accidents also account for a large percentage of fatalities. Death is difficult to deal with. Not only does it cause emotional and psychological trauma, but the financial consequences are distressing, too. A Milwaukee fatal accident lawyer will help you get through a difficult time in your life. The lawyer will help you understand your rights as a resident of the state and how the state can protect you.

It is important that you collect all the necessary information regarding the accident. This would include medical reports, the police incident report, and details concerning the time and location where the accident occurred. The lawyer will investigate and ensure that the relevant details are presented before a judge. Your attorney will guide you through the legal process of dealing with the case while ensuring that your interests are put first.  

DUI in California: Now What?

Drinking and driving has proven to be a dangerous combination. Alcohol impairs motor function, decision-making, and reaction time. It increases the risk of accidents for the driver and other road occupants. Every state has laws to deal with motorists who insist on mixing the two. So, you got caught with DUI in California: now what?

Blood Alcohol Level

Knowledge is power. Learn everything that you can about DUI laws so that you know what you are up against. In California, the blood alcohol concentration or BAC limit is .08 percent. Anything higher than this will merit a charge for those holding regular licenses. The legal limit is lower, at .04 percent, for those holding commercial licenses like truck and bus drivers. The lowest legal limit is .01 percent, which is reserved for minors, defined as those under 21, and those who are serving probation after a previous DUI offense. Any person may be charged, even if the limits are not breached, if they show signs of intoxication.

Drug Use

Drugs can also impair a driver’s ability to operate a vehicle. This includes both illegal drugs and prescription medication. People who are taking medicine that is known to cause drowsiness and other potentially dangerous side effects should refrain from driving.

Penalties

A DUI charge can come with several penalties and will often lead to a license suspension, whether it ends up in a conviction or not. A temporary license will be issued in place of this lasting for thirty days. This may come with restrictions such as limited travel privileges to home and work. The DMV can issue extensions or new permanent licenses. For those who are caught for the third time, the license can be suspended for up to three years.

Fines are also imposed on the drivers which range from $1,800 up to $18,000 depending on the severity of the offense and the number of convictions on record. They may also be sent to state-sanctioned alcohol treatment programs that cost a fair amount of money. They will also have to pay higher premiums for auto insurance once driving privileges have been restored – if they can even be insured.

Jail is a real possibility for DUI offenders. The time served will increase with each conviction from forty-eight hours for the first offense to a minimum of 120 days for the third offense. Probation may also be imposed for several years.

Defenses

Given the severity of the penalties, those who are charged with DUI have a multitude of reasons to defend themselves in court. Individuals who feel that they have been unfairly targeted or erroneously charged should contact a Sacramento DUI attorney to solidify their defensive legal strategy. They could question the evidence, the test procedures, the device accuracy, and other elements to get a dismissal.

What Happens in a Truck Accident Lawsuit?

Being involved in a trucking accident is arguably one of the most devastating types of motor vehicle collisions you could be injured in. The injuries survivors endure are often catastrophic, and it is quite common for victims to endure traumatic brain injuries, spinal damages, amputations, third-degree burns, post-traumatic stress disorder, broken bones and many other life-changing, debilitating conditions.

Thankfully, those who are lucky enough to survive an accident with a tractor-trailer have legal recourse that can be taken against the person or persons who are liable for their damages. Below, we discuss how your attorney will determine who is responsible for compensating you for your losses, and what damages will be included when calculating the value of your claim.

Determining Who is Responsible for Your Damages

Before anything else can be done in your case, your attorney will need to conduct a complete investigation into the cause of the accident you were involved in. This will allow them to determine who is liable for your damages.

In many cases, the truck driver will be found, at least partially, culpable for the injuries you sustained. This could be because they were driving aggressively by speeding, or changing lanes without using their turn signal, or it could be because they were over exhausted and driving while fatigued.

Perhaps they were under the influence of drugs or alcohol at the time of the wreck, or they could have even been distracted. However, even though these unsafe driving practices are ultimately the responsibility of the driver, there are other parties who could have contributed to the cause of your accident.

The trucking company, the owner of the truck, cargo loaders, safety inspectors, and the makers of the tractor-trailer could each be partially liable for your losses. If any of these entities failed to take proper care when performing their responsibilities, then they will be held accountable and named as defendants in your case.

The Compensation You Deserve

After your lawyer has determined who is liable for the cause of your accident and resulting injuries, the next step will be to calculate what your claim is worth. This will be done by examining each of your damages to ensure that no loss goes unaccounted for.

You’ll be entitled to compensation for your lost wages, pain and suffering, loss of consortium, property damages, medical expenses, the effects of disfigurement or scarring, the loss of enjoyment of life, your inconvenience, the damage to your earning capacity, and the loss of household services, to name a few.

In addition to these damages, the judge may determine that the actions of the liable party were so abhorrent that you’re entitled to punitive damages. These are issued to punish the wrongdoer and tell others that these actions will not be tolerated by the Utah court system, though they will certainly be a benefit to your final award.

Work with a Qualified Salt Lake City Truck Accident Lawyer

Traumatic injuries can be permanently debilitating and affect your life for years to come. When you’re ready to move forward with your 18-wheeler crash claim, get in touch with a truck accident attorney in Salt Lake City who can help you achieve maximum compensation for all you’ve been through.

During your free case evaluation, you’ll be able to discuss how the accident occurred, and the various ways your life has been impacted by your injuries. From there, your attorney will begin the claims process by filing your case in the Utah court system. With a regarded attorney by your side, your chances of winning your case will be exponentially increased.

Does California Allow Wrongful Death Claims for Murder?

When you’ve lost a loved one at the hands of another, it’s only natural to seek justice for them. With murder in particular, it can be difficult to sit back and let law enforcement bring criminal charges against the person who murdered your family member, but fortunately, you do have some legal options that you can consider to get justice on your own.

The state of California does allow certain individuals to pursue wrongful death claims against someone who has murdered their loved one, however, this should only be done when the murder has sufficient means to compensate you accordingly.

Below, we discuss who is able to pursue the wrongful death claim  and what damages should be included when determining how much your claim is worth.

Filing a Wrongful Death Lawsuit

Under the law, the surviving spouse, domestic partner, adult children, and in some cases adult grandchildren will have the opportunity to file a wrongful death claim.

If no such relatives apply, then the decedent’s siblings or other family members who would have been entitled to an inheritance of the decedent can file the claim. What’s more, the decedent’s parents or stepchildren can bring forward a wrongful death claim in the event that they were financially dependent on the decedent prior to their passing.

Accounting for Your Damages

Once you know whether or not you are legally able to file the wrongful death claim, you’ll work with your attorney to determine what damages should be included in your claim. In California, you an obtain compensation for the following losses:

  • Loss of financial support and/or income
  • Funeral and burial expenses
  • Loss of benefits and gifts
  • The loss of household services
  • Loss of parental guidance and training
  • Loss of companionship and love
  • Loss of comfort, support, care, affection and protection

You may also be able to bring forward a survivorship action that will allow you to recover compensation for the pain and suffering that the decedent endured between the time that they were initially injured and the time of their death.

Get Help from an Orange County Wrongful Death Lawyer

If your loved one has been murdered and you want to take matters into your own hands while you wait for a criminal trial to proceed, get in touch with an Orange County wrongful death lawyer who can help you bring a claim against the murderer in civil court.

Legal Options After the Death of a Loved One

When you suddenly discover that your loved one has passed away unexpectedly, it can be one of the most devastating experiences of your life. As if things couldn’t get any worse, finding out that their death was caused by the actions of another can turn your grief into fury.

Thankfully, you do have legal options to obtain the justice both your family, and your deceased family member deserve. Read on to learn more about filing a wrongful death claim in New York City, and the damages that you’ll be able to secure if you win your case.

Filing a Wrongful Death Claim in New York City

Before anything else, you need to make sure of two things: one, that you get your claim filed before the statute of limitations expires, and two that you are actually entitled to filing the wrongful death claim in the first place.

In New York, you’ll have two years to file your claim in the court system. This is critical, because if you don’t file before the statute of limitations runs out, you will be barred from seeking the compensation you deserve.

Next, you need to be aware that only the personal representative of the decedent’s estate is able to file the wrongful death claim. This could be the surviving spouse, adult children, or anyone else that the decedent left the control of their estate under. It isn’t as simple as just any family member of the deceased being able to file the claim- it must be the designated representative.

What’s more, regardless of who the assigned representative is, any damages that are awarded will be held in the form of a trust by the representative for the surviving family members of the decedent.

When you’re ready to fight for the compensation your family deserves, work with an attorney to ensure that you know when the statute of limitations will run out, and to find out who is the designated representative of your loved one’s estate.

What Damages Will Be Included in Your Claim

Now that you know you have the right to file a wrongful death claim, you probably are wondering how much you can expect to recover. The amount will vary on a case by case basis, but for the most part, damages sought in a wrongful death claim are the same and will consist of:

  • Medical expenses the decedent incurred prior to their passing
  • Funeral and burial costs
  • Pain and suffering the decedent endured
  • Loss of inheritance, wages and benefits
  • Loss of support and household services
  • The loss of nurturing, care and guidance
  • 9% interest on the total damages from the date of the decedent’s passing

It’s important to note that while parents of a deceased child will be able to recover damages for lost services of their child, surviving family members do not have the right to seek compensation for their own loss of companionship, pain and suffering or emotional distress.

Your attorney can go over every single loss your family endured and ensure that no damage goes unaccounted for when calculating the value of your claim.

Speak With a NYC Wrongful Death Lawyer

The loss of a loved one is never easy, and when someone else is responsible for causing their death, they should be held accountable and brought to justice. You can work with a qualified wrongful death attorney in NYC to ensure that you get the most out of your claim.