When Thinking of Filing for Divorce, it may be Wise to Seek Sound Legal Counsel

Posted by on Mar 9, 2017 in Divorce | 0 comments

Unlike in the past when divorce was settled only in court, divorcing couples today have options on how to end their union and settle all divorce-related issues. Unlike a court-litigated divorce (or contested divorce), these other options or alternative processes make divorce and all related issues faster to settle, besides being cheaper and amicable. The different ways of ending a marital union include:

  • Contested Divorce. Also known as court-litigated. This is the traditional process of divorce. It is settled in a family court, open to the public and can drag on for months or years depending on the number of divorce-related issues that need to be settled, such as custody of child/children, payment (and amount) of child support and/or spousal support, and division of properties, assets and debts.
  • It adversarial in nature, thus, people who sit in court witness how divorcing spouses, through their lawyers, discredit one another. Aside from a judge-settled divorce process, a contested divorce is more likely to turn spouses bitter towards one another, as well as make them feel devastated and deprived.
  • Uncontested Divorce. Besides arriving at a settlement without having to go to trial, this divorce procedure is quicker and cheaper compared to contested divorce. Uncontested divorce is a private process. It does not mean agreeing outrightly about the issues related to divorce, however, if there are disagreements regarding certain issues, then negotiations are made. The main issue about this type of divorce is, despite the disagreements and the need to negotiate, the spouses remain to be in control and are sure to get through everything.
  • Mediated Divorce or Divorce Mediation. This is also a private, out-of-court legal procedure that allows spouses to settle all divorce-related issues by themselves. A mediator, who is a neutral third party chosen by the spouses themselves, sits with them to help them reach an agreement. This mediator is not allowed to decide on the issues at hand since decisions are made by the spouses. Part of what he or she does is to make sure that the spouses are able to talk and argue openly, but in a way that will not destroy the amicable process. Though each spouse may or may not be represented by an attorney, who can help them understand the legal matters related to divorce and know if the agreement arrived at is reasonable and worth signing, compared to contested divorce, this process is still much cheaper and faster to settle.
  • Collaborative Divorce. In this divorce process, both spouses have their respective lawyers who will work cooperatively with them in settling the divorce case. This process requires both spouses to disclose all important information that will affect the divorce and all related issues – this is for fair negotiations, of course. In the event that this process does not work, each spouse will have to hire new attorneys who will take their case to the court.

Filling out a divorce form is necessary for those petitioning for divorce. Now, on one area of this form is a question that asks why divorce is being filed. States differ with regard to the basic requirement in filing for divorce. In 17 states ( California, Colorado, Florida, Hawaii, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, Oregon, Washington and Wisconsin), where the “no-fault” divorce law is observed, citing any action by his/her partner, even infidelity, is immaterial.

The other 33 states, however, are known as “fault” states since these require that those who file for divorce identify the specific ground/s upon which the divorce is being sought (despite observing the “fault” divorce law, these 33 states now also recognize the “no fault” law, thus a spouse may file for divorce by citing simply the ground of irreconcilable differences).

The law firm Marshall & Taylor PLLC mentions in its website how choosing to end a marriage can be a difficult decision to make; however, there are times when it just is the best option for you and your partner’s situation. Furthermore, the firm also says that regardless of what form of divorce you pursue, there will likely be a number of complicated legal matters that you will need to work out; this is what makes having an experienced divorce attorney critical. However, before finally choosing someone to represent you legally, it is equally important that he or she is someone you can count on and trust; someone who will help settle you case as fast as possible rather than find ways to prolong it in order to make money out of your case.

As explained in the website of the law firm, Kirker Davis, LLP, divorce can have profound consequences with the potential for long-lasting effects on a person’s finances and property. Thus, if you are considering divorce, it may be in your best interest to consult with an experienced divorce lawyer, who may be able to provide you with sound legal counsel on your ideal course of action.

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Cosmetic Procedures Most Availed of in the U.S.

Posted by on Feb 20, 2017 in Uncategorized | 0 comments

A survey conducted by the American Society for Aesthetic Plastic Surgery (ASAPS) shows that cosmetic surgical and non-surgical procedures in 2012 totaled to more than 10 million, registering, at least, a 3% increase from 2011. This is the major reason why a good number of medical practitioners have shifted, and continue to shift, to Cosmetic Surgery, a new field to which millions of clients and patients are now being attracted to.

Cosmetic surgery is a special medical discipline that helps to enhance one’s looks, correct physical defects or reconstruct a damaged area of the skin through medical or surgical procedures. It can rejuvenate burned skin, remove wrinkles, re-shape the nose or augment one’s breasts.

In 2012, the top cosmetic surgical procedure sought by clients was breast augmentation; it was performed on more than 330,600 women. The other top four cosmetic surgical procedures were liposuction, abdominoplasty (or tummy tuck, which is intended to make the abdomen firmer), eyelid surgery, or blepharoplasty, and rhinoplasty, which is the type of surgery performed to re-shape the nose.

The much greater number of cosmetic procedures, however, was recorded under non-surgical, which registered above 8 million. The top five procedures performed in this field include:

  • Botulinum toxin type A (including Dysport and Botox), the procedure wherein botulinum, a neurotoxin, is injected into a person for the purpose of weakening or paralyzing the muscle that causes wrinkle development;
  • Hyaluronic acid (including restylane /perlane, juvederm and hylaform), which are soft tissue fillers that treat facial aging and wrinkles;
  • Laser hair removal, which destroys hair follicles using pulses of laser light to remove unwanted hair;
  • Microdermabrasion, a treatment that removes acne scars, age spots and crow’s feet (wrinkles that develop at the outer corner of the eyes); and,
  • Chemical peel, also known as derma peeling or chemexfoliation, smoothens and rejuvenates the skin (on the hands, neck and face) which has been damaged because of acne or sun exposure.

Cosmetic procedures are complex procedures that require exceptional skills, years of medical training and certification and/or recognition from the American Board of Plastic Surgery or the American Board of Cosmetic Surgery. No certificate of attendance to these brief activities or weekend or short-term training will make a medical practitioner an expert in cosmetic procedures. Businesses offering cosmetic procedures should post the qualifications of their staff in their establishments or, better still, online, where possible customers can view them readily.

According to the Bergman & Folkers Plastic Surgery, cosmetic procedures have advanced by leaps and bounds over the last twenty years, and there are a growing number of solutions to most, if not all, of the cosmetic challenges facing you. Through very safe procedures performed by skillful and certified surgeons, you can achieve life-altering effects for your body, face, and skin.

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Picking the Perfect Wedding Hairstyle

Posted by on Jan 9, 2017 in Marriage | 0 comments

Wedding is one of the milestones of a woman’s life, so you want everything to be perfect, the design of the venue, the comfort of your invited guests, your groom, and of course, yourself.

You are the star of the show, and you want to appear like it. One of the things that concern you is your hairstyle. It is one of the most difficult things to determine for your wedding day. In fact, Therapy Hair Salon is a legitimate business because of the sheer demand for such a thing.

There are simple things you should consider so you can know the perfect wedding hairstyle for you. Why simple, you ask? Because choosing a hairstyle should not even be complicated.

Make sure it complements your overall look

You dress is, of course, the most prominent player in your overall look, so everything should complement your dress, not the other way around.

You should also determine whether you would like some hair accessories or not, and how they can harmonize with your dress, hairstyle, and maybe even the venue.

Use your hair type as an advantage (or don’t)

Not because a style complements your dress, it already means that you should go for that style. You should also consider the characteristics of your hair and accept that these characteristics can put limitations on what you can do.

But don’t be afraid to be creative and try something new. Maybe you have always sported long hair and want to try short hair for once. Maybe you have never used extensions and want to now just for a change. The key is knowing what your hair can do and what it cannot.

Be realistic

This is a very important day, we get it. But it doesn’t mean that you need to abuse your hair and turn it into something super extravagant. Sometimes, being complicated is not the way to go.

You should also look at how you feel about the style. Maybe that ultra fabulous look make you feel uncomfortable and you are just forcing yourself because it is such a special occasion. Remember that it is your wedding. If it is a simple style that makes you feel like a goddess, so be it.

As long as your hairstyle complements your dress and accessories, doesn’t go beyond your hair’s limitations, and you are comfortable with it, you are good to go. It doesn’t matter if it simple or super fabulous, because your wedding is going to be extraordinary either way.

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Positive Sides of Chapter 11 Bankruptcy

Posted by on Jan 8, 2017 in Bankruptcy | 0 comments

When a layman hears the word bankruptcy, he or she automatically relates it to something negative. After all, bankruptcy basically means that an individual or company cannot pay the outstanding debts, so that must mean bad news.

Bankruptcy opens an opportunity to start over, by forgiving debts and allowing repayments in the form of the individual or company’s assets that are available for liquidation. It can have a positive effect on the economy. Since the bankrupt individuals and companies are given the second chance, they can possibly continue their operations and help in the flow of money and other assets in our society.

There are several chapters in the Bankruptcy Code, and one of them is Chapter 11. According to an article from the Bradford Law Offices, PLLC website, Chapter 11 Bankruptcy allows businesses to continue operating under court supervision and keep all possessions and assets.

The goal of the chapter is to make the company profitable again through reorganization. The debtor should create a new or remodeled profitable plan for the business, and this plan will be approved by the creditors committee before it can be implemented.

According to another informative article on the same website, the following are the other benefits of Chapter 11 Bankruptcy:

  • Continued operations while paying off debts
  • Allowed partial pay back of unsecured debts
  • Freedom from harassing creditors that contact you at home or busines premises
  • Freedom to restructure secured debts for lower and much longer payments
  • No debts can be considered non dischargeable

It is important to stress that these are all strictly regulated by court, and the failure to comply in payments and other agreements can be a legitimate reason to dismiss your case and turn it into a different kind of bankruptcy.

In this fluctuating economy, you may be more prone to bankruptcy, especially if your business has a high start-up cost and an unreliable revenue source. If things get rough, don’t be afraid to pursue a Chapter 11 bankruptcy. It may even be the very thing that saves you and your company from total destruction.

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Temporary Disability Benefits as Workers’ Compensation

Posted by on Jan 7, 2017 in Workers' Compensation | 0 comments

Getting injured is one of the last things you want while on the job. You already have a lot in your mind, like work-related issues and personal issues, and having to deal with matters such as injuries can give you even more stress.

If you are injured on the job, you may be entitled to workers’ compensation. Disability benefits can be classified as short term or long term. In short term disabilities, the case can be either temporary total disability or temporary partial disability.

According to an informative article from the website of a Des Moines disability benefits attorney, temporary total disability or TTD benefits start on the fourth day of being out of work because of an injury. The benefit continues until the day you return to work or until you have recovered enough to be able to report to work.

The article also said that you may be entitled to temporary partial disability or TPD benefits if you return to work at a less-paying job because you cannot fulfill duties in your original job due to the injury. They cover about 66 and 2/3 percent of the difference between your average gross weekly income while injured and your actual income in your temporary and less-paying job.

But it is not always a fairy tale story where you get the benefits you deserve without encountering any problems. According to a website of a Lexington workers’ compensation lawyer, many employers and insurers seek to prevent workers from receiving the benefits they need, and employees discover this right after filing for such benefits.

This fact puts some employees in financial risks, especially if they can’t even go to work to at least counterbalance the medical bills and other expenses. The best thing to do is be assertive so you can get the benefits you rightfully deserve. Sometimes, it is not even about the money. It is about having the assurance that your company cares for you and will be there for you for incidents like workplace injuries.

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Getting Injured on the Job

Posted by on Jan 5, 2017 in Workers' Compensation | 0 comments

You have the right to be safe at work. Your employer has the responsibility to make your workplace environment as safe as possible by providing the necessary safety equipment, facilities, and training to their employees on how to avoid the possible dangers that are directly or indirectly related to the job.

But what if you are injured on the job? You can experience short term or long term disability, and that means you cannot work and earn money for your family. It’s hard to deal with. You are physically hurt and you are put into a situation of financial risk.

According to the website of Robert Wilson & Associates, workplace injuries can take on many forms. There are construction accidents, manufacturing accidents, transportation accidents, employer negligence, exposure to toxic substances, and others.

To be more specific, these accidents may include electrocution, falling from heights, slipping, machine entanglement, work-related vehicle accidents, and falling debris injuries.

Some accidents are not even as animated as the others and are more subtle, like repetitive motion injuries. This type of injuries happen when repetitive motions such as typing and using the computer cause inconveniences such as muscle strains and vision problems. Overexertion can also cause problems.

In the end, these issues shouldn’t even exist. As said earlier, it is the employer’s responsibility to render the workplace safe. Of course, the workers should also be diligent to avoid unnecessary harm. But sometimes the rules, regulations, and the overall working conditions can make harm hard to avoid.

Your employer should support you from any kind of injury you have sustained on the job. If they don’t, they may be held liable. Providing assistance in costs and losses to injured employees is called worker’s compensation. Sometimes, employees have a hard time in obtaining such compensations, and in those cases, it is best to ask for legal assistance.

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Temporary Disability Benefits as Workers’ Compensation

Posted by on Jan 4, 2017 in Workers' Compensation | 0 comments

Getting injured is one of the last things you want while on the job. You already have a lot in your mind, like work-related issues and personal issues, and having to deal with matters such as injuries can give you even more stress.

If you are injured on the job, you may be entitled to workers’ compensation. Disability benefits can be classified as short term or long term. In short term disabilities, the case can be either temporary total disability or temporary partial disability.

According to an informative article from the website of a Des Moines disability benefits attorney, temporary total disability or TTD benefits start on the fourth day of being out of work because of an injury. The benefit continues until the day you return to work or until you have recovered enough to be able to report to work.

The article also said that you may be entitled to temporary partial disability or TPD benefits if you return to work at a less-paying job because you cannot fulfill duties in your original job due to the injury. They cover about 66 and 2/3 percent of the difference between your average gross weekly income while injured and your actual income in your temporary and less-paying job.

But it is not always a fairy tale story where you get the benefits you deserve without encountering any problems. According to a website of a Lexington workers’ compensation lawyer, many employers and insurers seek to prevent workers from receiving the benefits they need, and employees discover this right after filing for such benefits.

This fact puts some employees in financial risks, especially if they can’t even go to work to at least counterbalance the medical bills and other expenses. The best thing to do is be assertive so you can get the benefits you rightfully deserve. Sometimes, it is not even about the money. It is about having the assurance that your company cares for you and will be there for you for incidents like workplace injuries.

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Signs of Abuse and Neglect in Nursing Homes

Posted by on Jan 3, 2017 in Elder Issues | 0 comments

The elderly and the disabled are one of the most vulnerable people in society. Though nursing homes are there to provide care and shelter for them, there are instances where your beloved family members experience abuse and neglect. What is worse is that you will not be there to protect or save them from the abusive and neglectful tendencies of nursing home employees.

But what are the signs that someone has been experiencing abuse and neglect in a nursing home? First, it should be mentioned that abuses can take different forms, like physical abuse, emotional abuse, and financial exploitation. You can look for the signs in relation to these forms of abuse.

According to an informative article from the website of Clawson & Staubes, LLC: Injury Group, the warning signs for physical abuse are unexplained injuries, such as bruises, sores, burns, cuts, and broken bones.

Nursing home abuse can also be sexual. If your loved one has blood stains, rips in undergarments, sudden trouble in standing and walking, pain in pelvic areas, and or newly discovered STDs, he or she may be experiencing some form of sexual abuse.

Aside from wounds and the like, these experiences have deeper effects, not just for the victim, but also for you, the victim’s family member. These effects are emotional and psychological issues.
If your loved one seems to have unexplained or uncharacteristic changes in behavior, he or she may be experiencing emotional abuse from the nursing home employees. This can lead to post traumatic stress disorder, anxiety, and depression.

In its own way, neglect can also be a sign of abuse. If you visit your family member and find out that he or she lacks basic hygiene, food, medicine, or other aids, he or she may be experiencing neglect from the nursing home employees.

Again, this may have its emotional and psychological effects, that may also bring further financial damages to you and your family.

It can be very overwhelming to discover that your loved one is experiencing abuse and neglect from other people, especially from people who are supposed to take care of him or her. So before it gets worse, be assertive and always look for signs of abuse and neglect.

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Coping with a Wrongful Death

Posted by on Oct 5, 2016 in Wrongful Death | 0 comments

As tragic as it is to lose a family member under any set of circumstances, that loss can be all the more difficult to accept when if caused by the reckless or irresponsible actions of another person. On top of everything, families often have to find a way deal with the stark financial realities that typically follow the unexpected death of a loved one.

Filing a Wrongful Death Claim

Sadly, it is not altogether uncommon for fatal accidents to be caused by the recklessness or irresponsibility of another person. According to the website of the Law Offices of Yvonne M. Fraser, reasons a person might be wrongfully killed include the following:

  • Car Accidents
  • Workplace Accidents
  • Defective Pharmaceuticals
  • Medical Malpractice
  • Product Liability

There is no reason that you and your family should be in the situation you are in right now, so know that you and your family are capable of taking the legal action necessary to hold the responsible party accountable for their actions.

Claiming Compensation with a Wrongful Death Claim

Though the circumstances of every claim will be unique, just about every wrongful death claim will seek compensation to help offset the following financial damages:

  • Funeral and burial service expenses
  • Medical expenses for your loved one’s final treatment and care
  • Pain and suffering experienced by surviving family members
  • Income that your loved one would have been able to earn

Seeking compensation after a loved one is wrongfully killed can be difficult, but it is important to know that it can and often should be done.

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Amendments and Extension of the Scope of Title VII of the Civil Rights Act of 1964

Posted by on Oct 2, 2016 in Labor Laws | 0 comments

All individuals in the U.S., on the basis of educational qualification, job experience or expertise, have the right to equal employment opportunities. Recognition of this right is upheld, protected and enforced by the Equal Employment Opportunity Commission (EEOC), which the United States Congress enacted in 1964; the EEOC likewise prohibits any form of discriminatory practices in the workplace based on one’s sex, race, color, religion, and national origin. This prohibition is clearly and strongly emphasized in Title VII of the Civil Rights Act, a federal mandate that illegalizes all forms of workplace discrimination on the same grounds. All private employers, state and local governments, and educational institutions with, at least, 15 employees have the legal duty to comply with the provisions of Title VII.

Since the passing of the Civil Rights Act (also in 1964), amendments have been made (to this Act) to address new concerns that are expected to impact the business world, such as sexual harassment of employees, sex stereotyping, discrimination on the basis of pregnancy, and LGBT-related sex discrimination.

Besides Title VII of the Civil Rights Act of 1964, the EEOC also enforces other laws that will warn against any attempt to commit discriminatory acts in all employment-related activities including, but not limited to, hiring, firing, promotion, compensation and training, on the basis of employees’ or applicants’ sex, race, color, religion, and national origin. These other laws include:

  • Equal Pay Act (EPA) of 1963;
  • Age Discrimination in Employment Act (ADEA) of 1967;
  • Pregnancy Discrimination Act of 1978;
  • Title I and Title V of the Americans with Disabilities Act (ADA) of 1990;
  • The Civil Rights Act of 1991, which allows victims of intentional employment discrimination to claim monetary damages;
  • Genetic Information Nondiscrimination Act (GINA) of 2008; and,
  • Title II of the Genetic Information Non-discrimination Act (GINA) of 2008.

Aside from the Pregnancy Discrimination Act of 1978, which is an amendment on Title VII of the Civil Rights Act to include sex discrimination on the basis of pregnancy, childbirth, or other related medical conditions, discrimination against members of the lesbian, gay, bisexual, and transgender (LGBT) has also been prohibited by the EEOC, stating that this is an extension of Title VII ‘s prohibition on discrimination based on a person’s sex.

As explained in the Leichter Law Firm website, a variety of State and Federal laws, likewise, protect employees from discrimination in the workplace. Many of these laws, however, require an employee to file a claim within 180 days after the violation. It would a wise move, therefore, if a victim of employment discrimination would hire an attorney immediately to help probe into the veracity an of illegal discrimination claim. Employers who unlawfully discriminate against employees or job applicants may be liable for lost wages, compensatory damages, punitive damages, and attorney’s fees.

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