Attorney Search
Legal issue:
Near Location:
Use my location
Distance:

Divorce

Divorce is a legal process where a judge legally terminates a marriage, reverting the status of the couple to being single, and allowing them to marry other individuals. Divorce in the United States is governed by state laws. Divorce was once an adversarial proceeding where one of the spouse is required to prove that the other spouse is at fault for the breakdown of their marriage. Nowadays, state courts have relaxed their rules and now allow for so-called no-fault divorces under which the married couple will only need to prove that they have irreconcilable differences. Despite not having to show that one of the spouses is at fault, the court, nevertheless, still take into consideration each spouse's behavior within the marriage in determining issues relating to children, debts, and property.

Marriage is a lot of work and teamwork. So does divorce. Divorce law differs from one state to another. Divorce requirements also differ from one state to another. Some states are stricter when it comes to the dissolution of marriage and would often require the married couple to go into therapy prior to filing a petition for divorce. If one is not familiar with state requirements, a divorce petition may be denied for failure to comply with certain requirements. In this regard, it is crucial to seek the counsel of an expert divorce attorney.

Petitions for divorce are easily granted by most courts, especially when they are uncontested. Divorce proceedings, however, often messy and emotionally draining, turn adversarial, in which case, both parties will need divorce attorneys to argue for their client without the impassioned tone of two former lovers now turned enemies. In no-fault divorce proceedings, the real dispute would be on the distribution of assets and on child custody and support. The married couple's assets can be distributed in two ways: community or equitable. When the married couple has a community property, this means the couple equally owns all properties they both acquired during the marriage and the property will be divided equally between the spouses, with each of the spouse retaining the properties they acquired prior to the marriage. In cases of equitable distribution, each of the spouse will need to identify which assets he or she acquired during the marriage and how much each contributed to the family during the marriage. This is a rather tedious process, requiring voluminous paper work for proof of property or contribution. In equitable distribution, the property of the married couple is divided fairly, but not necessarily equally. Prenuptial agreements play a crucial role in the distribution of assets as the couple, before they got married, already agreed as to how their properties would be divided.

Child custody and support for children resulting from the marriage pose two other difficult issues that arise during divorce proceedings. The parents, whether they are amicable to each other or not, need to agree on the terms of custody and support for their children's best interests. Children are most affected by divorce and would generally want their parents to stay together. It is thus an attorney's role to take out the emotions from the individuals so that the parties can agree to reasonable terms.

Areas of Law

Insurance Law - Legal Information and Resources
Attorney Search
Legal issue:
Near Location:
Use my location
Distance:

Insurance

Insurance is when one party indemnifies another from a predefined risk in exchange for a premium. There are numerous kinds of insurance available to an individual, the most common of which are health insurance, car insurance and property insurance. Businesses also avail of insurance to protect their businesses from future risks. The kinds of insurance available to businesses include general liability insurance, property insurance, worker's compensation, directors and officers insurance, and life insurance.

Insurance terms vary according to the type of insurance provided, the risk insured, and the insurance provider. The general term, however, is that regardless of whether the predefined risk occurs or not, insurance premium will not be returned. Insurance companies play a great role in maintaining economic ability. It is in this regard that the government and courts established laws to regulate such commerce.

Insurance law covers three main issues: insurance policies, insurance claims and rates, and insurance business. Insurance law is a rather young set of rules and regulations. It was not until 1944 when the U.S. Supreme Court held in a case that insurance is a "commerce" and, thus, is subject to Congress' constitutionally-mandated authority of regulating interstate commerce. As a result of the 1944 ruling, the McCarran-Ferguson Act, which provides that state laws control the insurance business, was passed. For insurance business that is not regulated by state law, other federal laws, such as the Sherman Act, apply.

Insurance laws vary from state to state. A business, especially those who operate in many states, must retain the services of an insurance law attorney as they are knowledgeable of not just insurance law but also other areas of law that may affect insurance, such as taxation, labor laws, and securities law. Similarly, an individual must also retain the services of an insurance law attorney especially if the individual seeks to have properties located in different states insured.

For companies seeking to operate an insurance business, federal and state law are rigid in their requirements for such applications. For one, both the federal and state governments require that these companies maintain sufficient liquidity to cover claims subject to insurance policies. In addition, laws also limit the type of insurance a company can provide based on jurisdiction. It is thus imperative for these businesses to hire insurance law experts.

Both insurer and insured must be prudent in understanding the terms of the insurance policies. One of the issues arising from insurance law would be predatory practices of insurers offering undervalued insurance policies. Insurance is a complicated matter. Interpreting the terms of an insurance policy may need the expertise of an insurance law attorney especially if the buyer is unsophisticated. It is easy for an insurance company to lead a buyer to believe that they are buying one type of insurance and receive another type.

Another area of insurance law that would require the assistance of an attorney would be insurance claims. If the insurance policies were ambiguous, insurers can twist the language of the policies and deny coverage to an unsophisticated buyer. Filing an insurance claim is also tedious as the process often requires numerous paper work to evidence the occurrence of the risk covered by the insurance. In cases of health insurance, the insured need to keep all medical records in order to make a successful insurance claim.

Areas of Law