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When does Sole Child Custody make Sense?

Child custody is a topic of priority during divorce litigation, as with most cases both parents are protective of their kids. If the divorcing parties are on friendly terms, joint custody is the expected outcome. The court of law has the best interests of children in mind, which is why it always supports and encourages the involvement of both parents in the child’s life post-divorce. With joint custody, the child gets to live with both parents alternately, i.e. he/she gets to spend equal amounts of time with the mother and father. While joint custody sounds like a fair bargain, the family situation and aspects of divorce are not the same in every marriage.

In some cases, one spouse voluntarily gives right of full child custody to their partner. Typically, the father cannot manage the responsibility due to the obligations of a career or business; since the mother was always the primary caretaker, she is chosen to continue with the duties. The children permanently live with their mother, while the father gets visitation rights and provides financial support. The roles may be reversed if the woman is career oriented and the dad prefers homemaking.

Many parents challenge each other for sole custody for contradicting reasons. Sole custody grants one parent complete control over the child’s life, whereas the other parent may only be allowed occasional intervention or less. Sole custody becomes a necessity if one parent is unfit for supervising and upbringing a child. Family Lawyer reveal that some people claim full custody just to undermine their spouse or as a means for seeking revenge. Before you pursue sole child custody, make sure your intentions are true. Do not deprive your child of a parent’s affection for your personal and petty grudges.

Fighting for sole custody makes sense if your soon-to-be-ex is a potential threat to the children. If you were a victim of domestic violence and your children were exposed to the violence, filing for divorce is the first major step. Medical reports confirming physical abuse and testimony of witnesses to the violence are strong evidence against the offender. The court protects children from anyone suspected to cause harm or be a bad influence, even if that person is their biological mother or father.

DUI Lawyer in California adds that alcohol or drug addiction renders a person inept for being entrusted with minors. Individuals who drive under the influence with children in the vehicle are charged with aggravated DUI. If your spouse has multiple DUI misdemeanors and felonies on their criminal record, then that alone would be enough to win you sole child custody.

Mental illnesses and substance abuse are harmful for an individual and the people around them. Addicts lose control of their senses, which makes them extremely dangerous when their cravings are not satisfied or intoxication reaches extreme levels. A parent who is struggling with alcoholism or mental instability cannot keep a job or provide for his/her kids in any way. In the courtroom, your legal representative can help demonstrate that your spouse cannot contribute to your child’s life in a positive way. Once you prove your point, the court may only allow conditional visitation rights to the unreliable parent.

What are the common types of auto accidents?

Auto accidents can occur in numerous conditions. These accidents can happen because of over speeding on the highway; however, it can also happen on parking and streets. How automobiles bump into other automobiles, thing and even walkers influences the sustained injuries.

A well-experienced law firm Pacific Attorney Group will assist you to decide who was responsible, assess the damages of the property, and evaluate the level of any physical or emotional injuries.

Rear-end accidents:

These are basically traffic accidents that happen when a car collides with the other car from the front. Rear collisions can be instigated by immediate braking or slowing down by the first car, or when the car at the back increase the speed more frequently than the car in the front. Damages to the occupants of the crushed car are mostly bad in condition.

 Side-impact accidents:

Is also known as the T-bone accident, these types of collisions happen when the side of a car is crushed by the rear or front of the other car or a solid thing. The damages of the automobile and the injury of dweller are in quite dangerous in these type collisions. Though, the damage is based on the part that was collided. The passenger of the side where the car was struck is usually injured worse than those who were sitting at the front or rear.

Sideswipe accidents:

These collisions usually occur when the sides of two vehicles touch each other and swipe. If both of the cars are moving on the same path and both the drivers do not lose the control, the cars may sustain only surface damages.

Cars rollover:

The vehicle rollover happens when a car flicks over its top or side. Rollovers are the result of sharp or speedy turns. Every car is at risk of a rollover collision, however sports utility cars are at the higher risks just because they are typically bigger than other cars, and consist of a greater center of gravity. Also, the high-speed racing increases the level of risk and car rollover.

Head-on accidents:

These collisions happen when both the collided cars hit each other from the front. Head-on accidents are usually lethal.

Single car impacts:

In this collision, only a single car is involved. In few cases, a car crashes into the other solid things for example trees, walls, poles and can also hit the pedestrians. Those impacts mostly conclude in damage to the assets or personal injuries.

 ,Multi-vehicle collision:

Are also known as multi-vehicle pile-ups, this collision involves many cars. The multi-vehicle collisions mostly happen on the freeways or highways. These are the fatal type of traffic collisions and a lot of crashed car scrap makes the rescue and escape very tough. If a car catches fire it can be spilled easily to other cars or the area around due to the fuel. The risk of injury to the passengers is high due to the multiple hits. It is very difficult to determine the reason for the collision in multi-vehicle hit case.

Social Media Pitfalls In A Contested Divorce

In the state of Arizona, a contested divorce occurs when the spouses cannot mutually agree on the terms of the dissolution of their marriage. The most common issues of contention in a divorce are generally child custody, child support, and division of marital assets. In such a situation both parties retain independent counsel and battle it out in family court with a judge having the final say on any and all contentious issues.

No Fault Divorce In Arizona

The divorce statute in Arizona requires both parties to state that their marriage is irretrievably broken whereby the court conducts a hearing to see if the parties can be reconciled. In that hearing if both parties agree to proceed with the divorce, the court usually grants the divorce. However, if one party objects, the court may call for a conciliation conference.

Common Fault Grounds For Divorce In Arizona

In the past, a reason was required to proceed with a divorce such as undue cruelty or infidelity. No fault divorces were introduced so that parties do not have to allege a reason in order to separate. In the case of a contested divorce, fault may be cited in order to gain an advantage in custody proceedings or division of marital assets. The fault grounds for divorce laid out in Arizona Statutes are as follows:

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What is a Collision Damage Waiver when Renting a Car?

Renting a car can make traveling to a new location more convenient, but it also presents several legal concerns. Whenever you rent a car, whether you use an airport location or an online booking site, you will be offered a collision damage waiver.

A collision damage waiver releases you from liability for damage that occurs while you are driving or using the rental car, but it can be an expensive fee on top of your rental fees. A Phoenix car accident lawyer that Arizona residents trust may be able to provide assistance with the decision of whether or not getting a collision damage waiver is right for you.

Benefits of a Collision Damage Waiver

Collision damage waivers offer protection from the often-exorbitant repair costs that come with being involved in an accident in a rental vehicle. Even though rental cars are covered by the owner’s insurance policy, rental car businesses still charge significantly for any damage that occurs to their vehicle while you are responsible for it.

A collision damage waiver may also cover bodily injury, property damage and collision. This means that if you are in an accident that is your fault while driving a rental vehicle, the waiver will cover any expenses related to other individuals and property affected by the collision. For this reason, many drivers elect to pay the additional cost for the peace of mind a collision damage waiver provides.

Credit Card Payments

It is important to note that many credit cards offer built-in rental car protection plans. In order to take advantage of these plans, you must use the card to reserve and pay for your rental vehicle. Not all credit cards offer rental insurance, so it is important to make sure that yours does before you turn down a collision damage waiver.

Not all credit card insurance plans offer coverage for bodily injury, property damage and collision, so it is essential to read the fine print to determine coverage. If you refuse coverage from the rental car company, you could end up responsible for damages to another person’s property or for another driver’s injuries if an accident occurs.

Insurance Options

Even if you decline a collision damage waiver, your own insurance policy may provide the coverage you need. Making a call to speak with your insurance company before traveling can help prevent you from paying for coverage you do not need. Some collision damage waivers can double your rental costs, so it is important to know your existing coverage.

It is also important to know what a waiver will and will not cover. Make sure that you only pay top dollar for a policy that removes you from any and all liability associated with an accident in the rental vehicle.

Collision damage waivers can provide necessary protection for rental car drivers and cut down on the stresses of traveling. However, they are not always necessary and should only be used if the protection and benefits outweigh the costs of purchasing the waiver. It is ideal if your existing insurance policy or credit card perks remove you from liability for rental damages, but these forms of coverage are often not comprehensive.

If you are involved in an accident while driving a rental car in Arizona, it is absolutely imperative that you speak with a personal injury lawyer as one of the very first steps you take. Don’t face the rental car companies or insurance companies alone!

Dealing With Situations Involving Domestic Violence

Domestic violence refers to violence between spouses or intimate partners. During a divorce, domestic violence can play a role in several aspects such as: determining child custody or legal guardianship. Typically, domestic violence is generally both physical and psychological in nature. In the majority of states, domestic violence is defined as conduct which threatens to cause or actually causes injury between:

  • Family members
  • Spouses
  • Residents of the same household

Although the issue of domestic violence is a serious problem which is prevalent around the world violating the fundamental human rights of women and often resulting results in serious or fatal injury. The statistics vary widely on the prevalence of domestic violence however, it should be kept in mind that women are not the only victims of domestic violence, in certain cases men suffer as well albeit women significantly outweigh men as victims in this regard. According to US Department of Justice reports, the majority of the victims from 1994–2010 were women. Although women may also use violence against intimate partners, their use of violence is distinct from men’s use of violence in more ways than one.

According to statistics, the issue of domestic violence is prevalent worldwide. According to a report issued by the World Health Organization (WHO) in 2013 entitled, “Global and Regional Estimates of Violence Against Women: Prevalence and Health Effects of Intimate Partner Violence and Non-Partner Sexual Violence,” it was estimated that 30% of women worldwide are victims of abuse perpetrated by their spouses or intimate partners. The report further stated that over 38% of women murdered worldwide are victims of their significant other and 42% of women that were sexually or physically abused were subjected to such treatment by their intimate partner.

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Impact of Changes in Tax Law on Spousal Maintenance in Arizona

For people that signed a prenuptial agreement before getting married believing that there may be a chance that they and their spouse may divorce in the future, the Tax Cuts and Jobs Act that was signed into law on December 22, 2017 can potentially seriously affect the agreement that was reached. A major change occurred with the passage of the law stating that spousal maintenance or alimony is no longer be tax deductible after 2018 to the spouse who is paying it and will no longer need to be claimed as income by the person receiving it.

A separation agreement or a judgment of divorce must be signed within the calendar year of 2018 directing that spousal maintenance will be considered tax deductible in future years according to the new law. Prenuptial agreements can address spousal maintenance in a few different ways, some of which are:

Spousal Maintenance is Waived by Both Parties

In some prenuptial agreements both parties may consent to waive spousal maintenance altogether. If this describes your prenup, then the new law will not have an impact on you.

Spousal Maintenance is Waived Unless a specific Event Occurs

Some prenuptial agreements state that the lower earning spouse will be entitled to maintenance if there are children or if some other event happens during the course of your marriage such as a certain discrepancy in income between both spouses this new law may have an impact on you.

When Spousal Maintenance will be Awarded in a Divorce

A specific prenuptial agreement often states that spousal maintenance will be paid and also states how the amount or duration of maintenance will be determined. In such a scenario this law will definitely have an impact on you.

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Understand the Process of Going through a Divorce without Children

Filing a divorce case is different in different states. Additionally, each case shifts with the different situations including a divorce with children and a divorce without kids.

In spite of the fact that these laws differ from state to state, couples petitioning for divorce, who don’t have resources or kids, might be required to present extra paperwork with their appeal. This may incorporate money related revelations that talk about the couple’s salary and obligations. Likewise, state laws may require the couple to give waivers of administration, which verify that the couple arranged the appeal mutually.

Petition and Extra Paperwork

Some states also offer a simplified divorce process for couples without children to shorten the divorce process. For the most part, the divorcing couple can document a joint request with the court. The two parties will cooperatively sign the appeal, consenting to the disintegration of marriage. This is just for short-term marriages, and the couple may need to defer divorce settlement claims and rights to a trial. This request of will specifies that they don’t have huge resources or obligations, and clearly state that no kids were conceived or embraced amid the marriage. Furthermore, a rearranged separate request will list essential data about the couple, including their names, dates of birth, date of marriage and justification for which they are looking for the breakage of their relationship.

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Birth Injuries and Cerebral Palsy

The birth of a child is one of life’s greatest joys. When your child has birth injuries, you may also fear for your child’s future and wonder how you will provide the necessary care. Birth injuries are sometimes unavoidable, but are often the result of medical negligence during pregnancy, labor and delivery or shortly after birth. Children with birth injuries may require ongoing medical treatment and have other extensive needs. If you child was a victim of medical malpractice, you may be able to recover substantial compensation that will pay for your child’s immediate and lifelong expenses.

Cerebral Palsy

Cerebral palsy is a set of disorders caused by malformation of the brain or brain injury during pregnancy, labor and delivery, or shortly after birth. Each case of cerebral palsy is unique. The effects can range in severity, and each child experiences a unique combination of impairments and conditions. For some, the right medical treatments, therapy, equipment and support can mean living independently and with minimal health problems and pain. Others will require 24-hour supervision and assistance.

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Implications of a Disability

Americans wake up every day to face various challenges, especially those who are faced with a disability. There are many types of disabilities ranging from physical disabilities, mental disabilities, and sensory disabilities; all of which significantly impact millions of lives. A sad fact is that these disabilities can result in people becoming homeless. According to a report by disabilityscoop.com, “more than 40 percent of America’s homeless population are people with disabilities.” So, how does this happen? Consider these contributing factors:

Lack of Opportunity

In order to be able to pay your mortgage and bills you need a substantial income. For people with a disability, finding a job that allows you to work can be difficult if not impossible. Without a steady income, there isn’t a way to be able to sustain a lifestyle that allows you the pleasure of having a roof over your head and food on the table.

Another factor to consider is that many people with a disability simply do not have the means of being able to uphold a steady job. This unfortunate fact keeps their opportunity limited and prohibits any source of income from working.

Lack of Assistance

According to disabled-world.com, “programs such as SSI and SSDI are unable to keep people with disabilities from experiencing homelessness. The average annual payment to an individual on SSI for the year 2009 was $6,048, while the poverty rate of a single-person household is $10,830”. This leaves many wondering how people are supposed to come into their next meal, how they’re supposed to pay rent, how they’re to afford medicine they might require, etc.

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Can you file for divorce while Pregnant?

A lot of couples going through a rough patch in their marriage are apprehensive about divorce. If the relationship has reached its end, this apprehension can increase tenfold, and more so if the couple is expecting a child. Going through a divorce is a trying time for the spouses, therefore, in some cases, when the couple is pregnant, it may actually be prohibited.

This paves the path to a gray area of the law which is not commonly discussed, unless it becomes necessary; Can you get a divorce while pregnant?

If you are not sure about how to go about your divorce, it is best to hire a divorce attorney as searching over the internet will not get you answers to your questions. Your lawyer will help you understand the divorce laws, which are similar to marriage laws. Your attorney will also talk to you about your options and help you decide which one is best for you. Just like marriage laws, there are divorce laws and these laws vary from state to state and your lawyer will help you understand the divorce laws in your state. You will be surprised to know that it is illegal to get a divorce while pregnant in certain states. However, if you are in the state of Arizona, pregnancy will not prevent you from divorcing assuming you meet the residency requirements.

Deciding to go ahead with the divorce takes strong will and the whole process can be very difficult and frustrating for some people. The process may be even complicated for women who are pregnant as the divorce proceedings will become more difficult once the child is born. Once the birth occurs, your soon-to-be-ex-husband will file for custody claims and there may even be a paternity test involved. The matter can even become worse if you have other children apart from the unborn child. So getting help from a local divorce attorney is the most important step for you.

Moving to another state

Some states prohibit you to go ahead with the divorce while pregnant. In such a case, it may be possible to change your residency, especially if you have only recently become pregnant, and attempt to file for divorce in a different state where it is not prohibited to go ahead with the divorce while pregnant. An attorney in your jurisdiction will be better able to guide you with this.

Divorce is a life-altering event and one that creates a critical transition point in a person’s life. Once you file for divorce, there is no turning back and if you find out you are pregnant, it can be devastating for you and your baby. A baby is supposed to bring joy and happiness in your life, and couples are supposed to welcome the new arrival into a loving environment. Avoid complications and difficulties in your divorce case and hire an experienced divorce attorney.

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