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How to handle custody disputes with a difficult spouse

 Posted on July 02, 2023 in Family Law

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Custody of the children is one of the divorce areas most likely to cause heated disputes. It's understandable with so much at stake, yet you need to do your best to avoid them. Not only can they prolong the divorce and worsen relations between you and your soon-to-be ex, but they can do considerable damage to your kids.

But what if your spouse seems intent on turning custody negotiations into a battle?

Do not react in anger

The judge has no interest in listening to you pick holes in each other's past behavior and nor do your children. Just because your ex says something bad about you, or refers to a mistake you once made, does not mean you need to return the favor. You need to take the high road and treat them with respect, even if they are not doing the same for you.

Try to move the conversation forward

Firstly, you need to understand what outcome you want as you can't focus on a goal until you determine that goal. If your spouse attempts to take the conversations in a different, unhelpful direction you need to bring things back to keep you moving toward the goal.

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3 best practices for motorists during a DUI traffic stop

 Posted on June 19, 2023 in Criminal Defense

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It is safe to assume that nearly everyone understands the dangers of driving while drunk. Unfortunately, the efforts of lawmakers to deter drunk driving have made things more difficult for all motorists.

Nowadays, you must be ready if the police pull you over on suspicion of drunk driving. The following DUI traffic stop tips can help you maintain your best behavior whileprotecting your rights.

1. Stay respectful and polite

Once an officer stops your vehicle, it does not matter if you are sober, so making a big fuss about it will not help your case. At that point, you are already involved, and there is an official record of the encounter. However, you can pad the experience in your favor by remaining calm, courteous and respectful. Getting angry or antagonizing the police could worsen your situation.

2. Watch what you say

Did you know you are not legally required to answer every question the police ask during a traffic stop? You shouldn't lie, but you can politely inform them that you cannot answer questions without legal representation. Police officers look for probable cause of drunk driving throughout these encounters. What you say can be used against you.

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What does zero tolerance mean for underage drivers?

 Posted on June 07, 2023 in Criminal Defense

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Like many other states, Virginia uses zero-tolerance laws when it comes to underage drivers. These are any drivers who are 21 years old or younger, meaning there is generally a gap of about five years in which a driver could fit into this age group.

When looking at zero-tolerance laws, they referred to this driver's blood alcohol concentration (BAC). Most drivers are held to a standard of 0.08%. But zero tolerance means that a positive test could lead to a drunk driving arrest, even if that driver is well below the 0.08% limit.

Why is this done?

The general reason for this is that those who are under 21 are not allowed to drink in the first place. They shouldn't even be able to buy alcohol, and they certainly cannot possess it illegally. If it is found in their system, since they've already broken this law, then it exposes them to the potential for drunk driving allegations.

Could this be problematic?

There are some potential problems with zero-tolerance laws. For one thing, the driver may not actually feel that impairment at all.

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2 mistakes that can hurt your child custody case

 Posted on May 24, 2023 in Family Law

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Divorce, in and of itself, is often a difficult process. The process becomes more challenging when kids are involved and the parents cannot seem to agree on the child's post-divorce living arrangements.

It is not uncommon for each parent to do everything in their power to get a custody order that favors them. In the process, they might end up making costly mistakes that could significantly derail their custody case. Here are some of these mistakes:

Taking your fights online

Social media can be a great platform for interacting with family and friends and sharing your mind with the world. However, when you have any legal matter on your hands, it is important that you are mindful of your social media activity.

Taking to social media to express your dissatisfaction with your spouse can only hurt your custody case. Do not disparage, mock or threaten your spouse. In fact, you are better off avoiding social media altogether during your divorce process.

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Tips to keep your divorce from becoming a drama

 Posted on May 19, 2023 in Family Law

If you watch American soaps or Latin American novelas, you will have seen many divorces become long, drawn-out dramas. While they make for great television, they are best avoided in real life because they're stressful, damaging and expensive.

The best kind of divorce is actually rather boring. They involve two people sitting down and discussing things in a civil manner, without dragging up the past or flinging mud at each other in court.

Focus on the solution rather than the problem

You cannot change the past. If your marriage has reached a point where it is no longer working then ending it is typically best for both people and any children involved. It can sometimes be hard for both parties to see this right now of course.

There are various issues you need to resolve to end your marriage:

  • If you have children you need to think about where they will live, how much time they will spend with each parent and how you will split paying to raise them.

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Reasons to mediate your divorce

 Posted on May 05, 2023 in Family Law

Divorce is difficult no matter what the circumstances. It can be especially difficult if children are involved. Going through a divorce via the court system can be a lengthy, adversarial process that often leaves the parties exhausted and resentful of the other.

However, going through the court system is not the only option for going through a divorce. Mediation, a form of alternative dispute resolution, is an alternative that works for many people, is cost-effective and efficient, and you can still bring your attorneys with you.

What is mediation?

Mediation is a process that brings together the divorcing parties, their attorneys (if they choose to), and a trained mediator who is a neutral third-party tasked with facilitating a structured conversation between the parties.

Mediations can take place with everyone in the same room or in separate rooms, in-person or virtually, and the mediator will help the parties come up with solutions that work for both of them.

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Vital tips to help you manage stress during your divorce

 Posted on April 24, 2023 in Family Law

Going through a divorce will automatically increase your stress level because it's such a major life change. It's up to you to find ways that you can bring it back down some.

Every situation is different, so one of the first things you need to do is to determine where your stress is coming from. Once you do that, you can take proactive steps to reduce stress.

Acknowledge your emotions

Accept that it's normal to feel a wide range of emotions during a divorce and give yourself permission to experience them without judgment. Share your feelings with friends, family or a support group, and let them help you through this challenging time. Ensure that you are getting enough sleep, eating well and exercising regularly to maintain your physical and mental health.

Set realistic expectations

Understand that divorce is a process, and it will take time to adjust to your new reality. Instead of dwelling on the things you can't change, concentrate on the aspects you can influence, such as your own reactions and decisions. Take the time to set a budget so you know what you can realistically handle financially.

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How to keep informed as your immigration application progresses

 Posted on March 26, 2023 in Immigration

U.S. Citizenship and Immigration Services (USCIS) usually notifies applicants about updates in their application status in two ways. First, an update is posted on an applicant's online account. Then, most of the time, confirmation of this update is sent to the applicant via the U.S. Postal Service.

It is critically important to understand how to check application updates online. All too often, time-sensitive information gets lost in the mail or is delayed by the Postal Service. As a result, applicants may find that they miss requests for information, notifications about appointments or other consequential updates to their application status until it is too late to address them.

Checking your application status online

To stay informed about the status of your case, log in to the USCIS case status portal by heading over to USCIS.gov. Once you're on the site, you'll need to enter your case receipt number, which is 13 characters long. It should appear on all of your notices from USCIS. It begins with three letters, followed by 10 numbers.

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Divorce later in life is becoming more common

 Posted on February 25, 2023 in Family Law

For young couples in the United States, divorce is becoming less common year after year. A big part of the reason for this is simply that people are waiting longer to get married. Your odds of divorce are far higher if you get married at 23 instead of 33, for example, so people waiting longer makes their relationships a bit more stable.

However, for those who are 50 years old and older, divorce rates are just going up. These are often referred to as gray divorce cases. This age group is the only one with a rising divorce rate.

Why does it happen?

There are a lot of reasons for these changes. Couples becoming empty-nesters will often spur divorce, for example. Couples will sometimes drift apart over time, as well. On top of that, a lot of the negative stigmas and perceptions about divorce have changed, so older couples may feel free to get a divorce in 2023 in a way that they haven't felt before.

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3 possible defenses to assault charges

 Posted on January 29, 2023 in Criminal Defense

Assault charges carry heavy penalties in Maryland. You risk years in prison if convicted, depending on the nature of your charges and the circumstances of your offense. For instance, assault in the first degree carries up to 25 years in prison.

Therefore, it helps to mount a formidable defense against such charges to avoid the potential legal consequences. Beloware some common defenses to violent crimes like assault and battery.

Self-defense

Everyone has a right of self-defense, and you can legally use force to protect yourself, your property or others from imminent harm. However, for your self-defense claim to stand, the threat to your life or safety must have been in immediate or imminent danger, and the magnitude of your response must have been relative to the threat.

Consent

You may use consent in your defense if an individual voluntarily consented to a particular act on which your charges are based.

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