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Why does the right attorney matter for a high asset divorce?
You're clearly headed for a divorce, and you know you need representation – but you may not realize the advantages of choosing an attorney who has successfully handled high asset cases in the past.
Divorce is rarely a simple, easy process – and that process gets even more complex when there's a lot to lose. Here's where experience can make all the difference:
When determining what counts as marital property
Both Maryland and Virginia are equitable distribution states, which means that the court focuses on dividing the marital property fairly, not equally. However, you can't even start to divide the marital estate until you've defined it – and that isn't always easy.
Prenuptial and postnuptial agreements may come into play, and couples may have inadvertently commingled their private funds, so you need someone who is experienced to help you have realistic financial expectations as you move forward.
While determining the value of various assets that can be divided
You also need someone who can help you better understand the choices you have so that you make sound financial decisions – and that starts with understanding the true value of different assets both before and after taxes.
Contractor defense: Steps to take if you don't get paid
One of the most frustrating things about working as a contractor is the clients who don't pay. They might claim that they can't afford it or raise a dispute with you about the quality of the work that you don't feel is justified.
You deserve to be paid what you're owed for the work you've done — so here are some steps you can take to make things happen:
1. Talk to the client and try to negotiate
Maybe your client is waiting on payment from a third party before they can pay your invoice. If your invoice is late and you have a good relationship with the client that you'd like to protect, try talking to them and see if you can arrange a date for payment that is satisfactory to you. That way, you can preserve the long-term relationship.
2. Go back to your contract
As an independent contractor, federal laws that protect employees, unfortunately, do not cover you. The most powerful weapon you have in your arsenal is your contract, and it's where you should always start when facing a payment dispute. If your client ignores you or refuses to pay, you can use the contract as a means to take legal action. Review its terms to make sure you've complied with any dispute resolution procedures and for clarity on how to proceed.
Tips for creating custody arrangements
When you had a child, you didn't envision a time when you would have to create a child custody arrangement with your spouse. However, life didn't go exactly as you expected. Now you're working with your soon-to-be-ex-spouse to maintain the well-being of your child.
The problem is that people frequently don't know where to start when negotiating a child custody agreement. Here's what you should know:
Try to stay positive
It's often beneficial for a child if both parents work together to work out how they'll share custody. However, some children aren't so lucky. When determining a custody arrangement, it may be best to stay positive about the future and work alongside your co-parent.
Decide on who will have legal and physical custody
There are two kinds of custody: legal and physical. Legal custody focuses on a child's educational needs, dietary restrictions, religious upbringing and medical care. Physical custody is a parent's right to have parenting time with their child. Typically, both parents share legal and physical custody. However, parents can decide on – or ask the court to order – a different type of arrangement. For example, one parent might seek sole legal and/or physical custody.
3 ways to stop a family member from drunk driving on the holiday
Many of the biggest holidays are coming up and many people are going to spend most of their time with family and friends. The holiday is the perfect time to spread good cheers, laugh, take a much-deserved break, eat delicious food and — as one of many people's favorite celebratory traditions — drink.
The holiday spirit can quickly get cut short when your family thinks driving home after a few drinks won't hurt anyone. Not only is driving while intoxicated one of the biggest dangers at the end of the year but it can lead to major legal fines if your family member is caught. How can you keep your family safe during the holiday? Here are some ideas:
Find a designated driver
One of the best ways to avoid a DWI or DUI (depending on your state) is to plan ahead. Having someone assigned as a designated driver could prevent your family from driving under the influence. However, you may find it hard to find a designated driver who isn't celebrating the festivals - unless they're a non-drinker - causing your plans to go downhill.
What legal rights do immigrants have when arrested?
The situation can be confusing and stressful if you or someone in your family is stopped or arrested by law enforcement officers. While this is true, it's important to remain calm and take the right steps to protect your freedom.
Knowing your legal options and rights is a big part of this. Immigrants, just like U.S. citizens, have legal rights, and knowing these may help you maintain your immigration status and your ability to stay in the country.
Your legal rights when speaking to the authorities
It doesn't matter if you talk to the local police or immigration officers; you have rights. For example, you can exercise your right to remain silent. If you aren't a U.S. citizen, it may be necessary to provide your immigration papers, but this doesn't mean you have to consent to a search of your person or property or say anything that may incriminate you in some way.
How do you push a property owner to pay what they owe?
As a construction professional or business owner, you need the payment for completed projects to move on to the next big job. You probably invest thousands of dollars in materials and dozens of hours of manpower in a project before its completion, possibly while only in possession of a deposit from the homeowner.
Most property owners will make good on their responsibilities and pay the remaining balance in full after you finish the work. However, there are always those who intentionally try to avoid financial responsibilities to others. How do the civil courts protect you if a homeowner won't pay for work you already performed?
You can request a mechanic's lien or artisan's lien
State law protects your right to use the property where you did the work as the collateral for the past due amount on the invoice. Provided that you have documentation of how much they agreed to pay for your labor and the completion of the project, you can file a civil claim seeking a mechanic's lien against the property. In some cases, the courts may refer to this as an artisan's lien instead.
Contractual breaches in the construction industry
Successful construction projects rely on all parties carrying out their designated duties. Usually, they are all tied up formally through contracts. Contracts ensure that everyone knows where they stand in terms of payment, demands and time limits.
Generally, contracts are adhered to and construction projects turn out well. However, there are some situations when construction contracts are breached. Outlined below are some common examples.
When one party changes their mind
You entered into an agreement with another business for supplies. They agreed at the time that they could meet your demands and deliver on time. Nonetheless, a week before the delivery date, the company informed you that they will no longer be delivering the materials. This is sometimes referred to as an anticipatory breach of contract. If the deadline stated within the contract passes and you have still not received your goods, then this becomes an actual breach of contract.
Is it legal to share prescription medications?
When you get your prescription filled, you assume that you're the only one who's ever going to use the medication. After all, it's for treating a very specific ailment that you're dealing with, and that's why you got the prescription from the doctor in the first place.
But you later find out that someone else claims to have a similar ailment. Maybe it's a family member or a close friend. They bring this up after you've already stopped taking the medication, but you still have a few pills left over that you forgot to throw away. Your friend asks you if they can just have those pills because it might help them, as well. Can you give them away?
This may sound helpful, but it is illegal
It's very important to point out that sharing prescription medication is actually illegal. The only way that these drugs can be consumed legally is when the person who has the prescription is the one using them. Even then, they still have to follow the directions and they can only use so much at a time.
Bird-nesting versus traditional custody
If you're a parent who is getting divorced, determining your custody rights is one of the most important things you can do. You need to split up the time that the children spend with each of you and then create a plan to co-parent after the divorce.
There are many different ways to do this, and we'll take a look at two below. Please note that the age of your children and how well you still get along with your ex may play a big role here.
Traditional custody exchanges
The standard way to exchange custody is simply to create a schedule for the children. Both of the parents have their own homes or apartments. The schedule dictates which residence the children live in at the time. The length of these visits may differ dramatically. Some people trade the children back every few days, while others will switch back and forth every week. But the parents always stay in the same homes and the children move in and out.
Bird-nesting exchanges
With bird-nesting, the opposite is true. The children never have to leave the singular home where they live. The parents are the ones who are bound by the schedule. They move in and out of the house that the children are in. This can be more expensive since each parent also needs to have a place to live when they don't have custody. But it can also be more stable for the children and may put less stress on them.
How do you handle litigation risks as a construction company?
Litigation is a risk in any industry, and construction is no different. While you can never guarantee it will not happen to you, there are things you can do to reduce that probability.
The first thing is to understand where it might come from. The short answer is almost anywhere. Clients, suppliers, sub-contractors, employees, the general public or governmental agencies could all find a reason to sue.
Here are some steps you can take to protect yourself:
Maintain high safety standards
You are less likely to face an injury lawsuit when you prioritize safety. Remember, your duty is not just to those working on your site. You must also consider those who pass by, have reason to visit, or even in some cases, trespass. Your liability does not stop once your work is finished either. If something you build later injures someone, that too could land you in court.
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