Majority of U.S. states used to grant divorce only for specific grounds or reasons. In Texas, for instance, the Texas Family Code states that the only acceptable reasons for divorce are adultery, abuse, bigamy, impotence, insanity, desertion, drug addiction or alcoholism, conviction in a felony case, and fraud.
As divorce became more common and acceptable, many states, including Texas, began granting divorce even on “no fault” grounds, meaning, those filing a petition for divorce no longer needed to cite any ground other than insupportability or irreconcilable differences. As explained in the website of the law firm Kirker Davis, LLP, insupportability, under Texas law, is discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation; insupportability essentially operates as a no-fault provision for divorce.
Some laws that determine the legitimacy of a petition for divorce differ from one state to another, though, due to stipulations that are more basic, such as t requirements on jurisdiction and residency. If a court finds out that it has no jurisdictional rights to decide on a petition for divorce, then it will not recognize such petition; likewise, if both petitioner for divorce and his/her spouse are not residents of the city or state where the petition is filed, then everything will result to dismissal of what has been filed even before it starts.
In Texas, residency requirements say that:
- The petitioner or the respondent should have been a resident in the state of Texas for at least six-months prior to the filing of the petition;
- The petitioner or the respondent should have been a resident of the county (where the petition is filed) for at least 90 days prior to the filing of the petition; and,
- If the spouse, who intends to file a petition for divorce, moves to another U.S. state or country, he/she will instead have to file the petition in the Texan county where his/her spouse has resided for at least six months.
Many individuals, whether in Texas or in other states, opt to file a “fault” divorce due to the possibility of them receiving a bigger share in the division of property and assets. Some others, however, choose to file under “no fault” grounds, since a “fault” divorce may take a long time to settle (from six months to more than a year), besides the too costly court and other legal fees.
It can be particularly difficult to start over from a criminal conviction. Even after having served all the legal penalties, a criminal record may still continue to impede an individual’s ability to seek out different opportunities. Individuals living in Texas, for example, are often required to get screened for past crimes during the process of applying for a new job or moving in to a new home.
The Lassiter Law Office notes that Dallas residents have the opportunity to get their criminal records cleared through the process of expunction. The Texas Code of Criminal Procedure provides for a legal process where individuals can petition to have certain criminal charges and convictions removed from their records.
To qualify for such a process, you will need to meet certain conditions. In most cases, expunction is only available for individuals that have been charged of crimes, but were never convicted. However, those that did get convictions may still apply for expunction as long as they meet the criteria provided by the law.
Aside from those with criminal charges, expunction may also available for individuals that received wrongful convictions, pardoned convictions, and those that received convictions for Class C misdemeanors. Some juvenile offenders are also eligible to apply for expunction.
There are a few more factors that the court might take into consideration during the process of expunction. The court might also need to make its decision based on the individual’s particular circumstance. All in all, however, expunction is a helpful option for plenty of people that face serious prejudice due to their criminal records.
If you think that the process of expunction is something that might help you, do not hesitate to contact a qualified criminal law attorney for further legal counsel. Petitioning for expunction may be the first step that could help you pursue a fresh start.
Whenever you get yourself behind the wheel it does not matter what brand and model of car you drive, what matters rather is your undivided attention on the road and how well you observe road traffic safety rules. Violation of safety laws or directing your attention to something else other than driving and you increase the likelihood of a tragic road accident happening.
Records from the National Highway Traffic Safety Administration (NHTSA) show that distracted driving is one of the top causes of car crashes in U.S. roads and highways. With it are driving over the speed limit, reckless driving and drunk-driving. Besides distracted driving, drunk-driving is another road traffic violation which federal and state authorities are working so hard to significantly reduce. Thus, the conduction of sobriety checkpoints, the implementation of payment of higher fines, imprisonment, community service, mandatory attendance in a DUI school, and/or revocation or suspension of driver’s license. The NHTSA’s strict enforcement of the anti drunk-driving law includes catching and charging drivers with a DUI/DWI offense if their blood alcohol concentration (BAC) level while driving is determined at 0.08%. Stricter, still, is the limit set for commercial drivers, which is 0.04%, while for drivers under the age of 21, it is zero tolerance, that is, no amount of alcohol should be detected in them.
Alcohol impairs drivers’ judgment and coordination – scientific studies have consistently proven this, but so does distracted driving, though the impairment it causes is of a different kind. While alcohol makes a driver’s reflexes weaker, causing him/her to fail to steer clear out of danger, distracted driving can cause a driver to lose control of the wheel or steer it more than necessary, directing the car, as a result, to where it should never be.
Majority of drivers, even the most careful ones, are guilty of allowing distractions to take their focus from road; many, however, are not aware of this. Think about certain other activities you might have performed simultaneously with driving, like, for example, eating, lighting a cigarette, playing your favorite tunes loudly, reading a map, brushing your hair, putting on makeup, adjusting a navigation system, adjusting a car radio’s volume, watching a movie from a laptop, having your picture taken by a passenger, conversing with a passenger and, worst of all, making or answering a call, or texting.
Driving is a privilege and privileges always require responsibility. Rather than ending up one day in a hospital bed or being legally required to find legal representation from experienced attorneys like the Cazayoux Ewing Law Firm to compensate someone for an injury your negligence or recklessness has caused, why not just focus on driving and save yourself from any of these? Doing so is one thing you will never regret.
As unfortunate as it is, the people closest to us are far more capable of causing damage than a stranger is. The elderly are an easy target and are taken advantage of regularly, even if an afflicting act towards them occurs without notice or is unintentionally committed. For example, it can be especially difficult for family members to recognize the damage caused when “borrowing” money from a beloved elder transforms into financial abuse.
Despite the instinctive nature of a grandmother or grandfather to support their children, it is unacceptable to accept or request money from them on a regular basis. Though giving out gifts of cash is always a pleasant surprise, it can sometimes be the state of their well-being that affects these decisions, rather than their generosity; in those cases where this impairment is acknowledged, it can be tempting to take advantage of a giving elder. As seen on SeniorAdvice.com, family members are often put in charge of an elder’s financial matter, giving them direct access to a senior’s money. With that much knowledge and interaction with their finances, the risks are heightened as the people handling the money can potentially abuse the privilege that has been entrusted with them.
More intentional acts of financial abuse involve a partner or spouse influencing the spending habits of an elder or harming their good credit. Family members can also try to evoke guilt or sympathy from their elder relatives in order to attain financial help. Some don’t even bother asking and simply take money without the elder’s consent of the transaction.
In all cases, whether purposefully immoral or not, true distress is caused for an elder who shouldn’t have to doubt the intentions of his/her family members. Financial abuse is a silent crime that will persist unless addressed, so action must be taken against the wrongdoer, even if that person is very dear to the elder.
A yearly death rate of about 35,000 from automobile accidents, together with the more than two-million people who endure minor to injuries that are serious, is a high value. That is why the National Highway Traffic Safety Administration (NHTSA) is determined in its efforts in applying safety traffic rules and to find means to continuously reduce the quantity of accidents on roads and main roads all over the United States.
As stated on the site of the Hankey Law Office, knows fairly well that, aside from automobile accidents, there are lots of other styles of mishaps that could cause significant injuries or death, including bike accidents, vehicle accidents, assault, dog bite or animal attack, drowning, electrocution, and so forth. In addition, it knows, nevertheless, that majority of those accidents are due to someone else’s carelessness or negligence, rendering the harmless victim officially permitted get and to seek a settlement from the person that is liable.
Additionally, there are instances when a collision is severe enough to cause long-term impairment into a victim. If the handicapped victim is used or were used recently and long enough, is below 65 yrs old, and it has compensated the required quantity of breaks needed by the Social Security Administration (SSA), then he/she may acquire of the Social Security Disability Insurance (SSDI or SSD).
Besides the SSDI, there’s also the Supplemental Security Income (SSI); both will be the national government’s means of supplying forever handicapped individuals with money benefits. SSI does not need getting of credits. Just so long as the victim’s age isn’t beyond 65, he or she has a that is very reduced property or income, and is blind or handicapped, then he/she may be qualified for the gain.
Many motor vehicle mishaps, particularly car accidents, happen because someone behind the wheel was intoxicated, overspeeding, maybe not utilizing signal lights (for example tail or brake lamps), texting or talking on the phone with someone. Additionally, you can find occasions when an accident was due to a faulty vehicle component or an ill-kept up/constructed road that easily brings about ruts, potholes, damaged concrete or snow spots.
Due to the strictness discovered by the SSA in granting statements, however, several programs get refused mostly because of technicality (like a missed personal or information), dearth of suitable documents or failure to file a petition for reconsideration or request for a hearing before an Administrative Law Judge (both which should be within 60-days after receipt of the Notice of Conclusion on the original state – that is in case the initial program was refused).
As pointed out by the U.S. National Library of Medicine, uterine fibroids are considered the most common benign tumors that occur in women of reproductive age. These noncancerous growths are found in and around the wall of the uterus and can sometimes cause different symptoms. In particular, uterine fibroids are known to cause heavy and painful menstruation, bloating, frequent urination, pain during sexual intercourse, pain in the lower back and pelvic area, as well as issues with fertility and pregnancy complications.
In most cases, the best way to address these symptoms is through surgery. Patients who opt to have uterine fibroids surgically removed usually undergo minimally invasive procedures that lead to shorter recovery time. However, recent developments show that these laparoscopic methods can prove to be dangerous. In particular, concrete evidence point to the dangers caused by power morcellators—the primary tool used in these procedures.
The power morcellator is a surgical tool that makes use of fast-spinning blades in order to cut down and shred growth tissues, thus allowing the surgeon to extract the mass through an incision much smaller than what traditional surgery requires. This process is known as morcellation and is typically used for minimally invasive procedures involving other organs aside from the uterus like the spleen, pancreas, bladder, bowel, and other similar major structures. The main danger of morcellation lies on whether a patient has undetected malignant or cancerous growths. In such cases, the shredding of the tissues can cause the malignancy to spread and exacerbate the development of cancer.
In 2013, a Philadelphia doctor who had undergone this procedure to have uterine fibroids removed experienced these effects first hand. According to a report by CBS News, Dr. Amy Reed had cancerous growths that doctors were unable to diagnose before undergoing morcellation. As a result, Dr. Reed has had to undergo multiple surgeries and several rounds of chemotherapy and radiation to treat her cancer, which has spread to her spine.
Cases mirroring Dr. Reed’s experience have pushed the U.S. Food and Drug Administration to issue a warning against the continued use of morcellation. According to the website of Williams Kherkher, the FDA had issued a Safety Communication emphasizing the extreme risks associated with power morcellators. In particular, they noted that the dangers of morcellation outweigh potential benefits caused by the procedure.
The law has many discrepancies, depending on the state where the case is being handled. A certain court may not adhere to certain subjugations mandated in a state that is outside of its jurisdiction. Why do you think that there are some states wherein homosexual marriage is considered illegal? Or why some states still allow capital punishment while some states do not?
These little discrepancies can make or break any case and the same can be said for personal injury cases; as any personal injury lawyer in Massachusetts against another lawyer in another state and they are bound to have little differences that could change the whole game for anyone. There are some cards that you can play in some cases whereas some cards can only jeopardize your claim if you use them; and justice is not a thing to be gambled with, especially if you are suffering from a personal injury inflicted upon you by a guilty party.
Professional, specialized help in this arena of the law can be useful to you as their services go beyond just the logistics of the thing. These cases are sensitive and stressful, as often there are statutes of limitations (meaning that some cases can only be filed in a certain amount of time and documents as well as hearings or appearances cannot always be prioritized during the recovery process of trying to get back to your normal life), or other discrepancies that legal teams are aware of.
When you get specialized help, you are allowed and given the agency to focus and prioritize on the recovery and not have to worry about the cost and legal necessities required in order to be properly represented in court and receive due compensation for the damage done. It can be intimidating to file a claim of this nature, especially if the guilty party is that of a corporation with many resources, but getting specialized help in the manner of personal injury means that your case is in weathered, safe hands. It takes skill and experience, not influence or intimidation, to be able to prove your right to compensation and recompense for the damage done to your person – all you need to do is to find the right kind of team that can do that for you.
If you or someone you know has been injured due to negligence and might be eligible to file for a personal injury lawsuit, do not hesitate to contact legal aid immediately.
Being in an abusive relationship is already hard enough, but when there are children involved the effects of such relationship can be complicated. Being a parent, you have the both the moral and legal responsibility of ensuring the safety and health of your child or children. Domestic violence does not only affect one parent, but also the child in the family, even if they are not experience any physical abuse. As a parent, it is your legal and moral obligation to ensure the long-term health of your child against the effect of domestic violence.
It may not be mainstream knowledge, but domestic violence and abuse are considered as a form of child maltreatment in certain areas. In an event of a divorce or child custody battle, claims of failing to protect the child from being exposed to domestic violence or abuse can put into consideration. The website of Marshall & Taylor PLLC has information on the complications that domestic violence and abuse can cause in a divorce or child custody proceeding. A parent who fails to report child abuse (in any form) can be held liable in accordance to the Child Abuse Prevention and Treatment Act [pdf] or CAPTA. Being a victim of domestic violence or spousal abuse mean you are also in legal danger.
The legal argument in the parent’s responsibility for reporting domestic violence and abuse is various studies providing strong evidence of emotional and psychological damage in children who have grown up in an abusive or violent family. Children often feel emotionally deprived and could develop high risks of future physical abuse. Abusers often use intimidation and fear to control their partners and prevent them from leaving, which is why it is vital for victims to find support in order to leave and protect themselves and their child from future harm. Fortunately today there are many institutions and organizations that help abused spouses and their children and assist in providing temporary shelter, counseling, and financial help.
It may seem baffling that the American College of Obstetrics and Gynecology (ACOG) would be the total ban in the use of power morcellators in certain gynecologic surgeries. There appears to be a strong correlation between the tissue-busting action of power morcellators and the development and spread of uterine cancer that would make the ban a no-brainer. However, the ACOG maintains that power morcellation is an important method to minimize the complications of gynecologic surgery and that the risk is very small in women under a certain age, as these types of cancers and uterine diseases are most common in older women (50+).
The major benefit of using power morcellators in gynecologic surgery is that it is very precise. It requires only a very small incision in the abdomen over the target area, leaving a very small scar after a shorter healing period. In the case of uterine fibroid tissue or tumor removal, the standard procedure is removal of the uterus (hysterectomy); with the power morcellator, the uterus can be left intact while the device targets only the unwanted tissue. This is especially important for women that would like to keep their options open about pregnancy.
The controversy over power morcellation has spurred investigations into their side effects. According to this site www.willamskherkher.com, lawyers are just as interested in such findings in gathering evidence for their morcellator lawsuits. Two hospitals have gone over their own patients to find out how many patients who had been operated on using power morcellators developed these diseases. The findings were widely divergent; overall, the incidence was one in 400 patients, but adjusted for age and other factors it was closer to 1 in 1,000.
Still, that’s a scary number for someone who may already have the risk factors for uterine cancer and disease. If they had not been adequately informed about it before the procedure and suffered serious injury as a result, then they may have a case against the manufacturer. Contact a morcellator lawsuit attorney for more information on how you can get compensation for your injuries.
It is natural for people to make investments, either by purchasing real estate properties or putting up a business – for greater financial stability in the future. Purchasing a property and/or starting a business, however, entail/s risks, due primarily to natural disasters, which can destroy houses and cause a firm to cease operations, sometimes for an indefinite time.
Disasters, anyway, are sure to occur and the greatest disadvantage one has is the he/she doesn’t know what kind of disaster it will be, how strong it is going to be an when it will occur. To safeguard one’s investments, an investor usually seeks shelter from insurance providers, which aims to provide those affected by disasters with the financial benefits and security needed to repair damaged homes or augment business losses.
Despite signed contracts prepared by the insurance providers themselves, the law firm Smith Kendall PLLC, knows that insurance firms employ various tactics to: delay the approval of claims filed by policy holders; delay the release of approved benefits which, more than often, is much smaller than what is indicated in the policy; or, deny the claim entirely. This is due to the fact that other than paying claims, another aim of insurance providers is to earn profit – which will never be possible if they would keep approving and paying benefits.
One of the worst disasters in the US was the BP oil spill that occurred on April 20, 2010, in the Gulf of Mexico, off the coast of Louisiana. The disaster left 4.9 million barrels (or 210,000,000 US gallons) of oil gushing continuously from the seabed, causing irreparable, destructive effects on marine life, the tourism industry and hundreds of residents and businesses.
British Petroleum, the oil giant that was operating the oil rig during the time of the explosion, immediately drafted a settlement agreement that would compensate all those affected by the oil spill.
The settlement agreement, however, gave BP the right to appeal certain claims, despite having been approved by the Deepwater Horizon Claims Center (DHCC), especially if the amount of the claim was too large.
This BP claim appeal means that if the claimant fails to fight for his/her rights in court, then he/she could lose the chance of receiving settlement payment from BP despite the real big losses he/she may have had due to the oil spill.
Due to the many difficulties and legal hurdles experienced by many claimants in the event of disasters, the only way, sometimes, to be assured of settlement payment is by seeking the help of a highly qualified lawyer whose ability and skills can effectively render the tactics employed by insurance firms or giant companies weak and unacceptable.