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Five things that you should know in a divorce
May 22nd, 2011 by lawsuit

Remember the War of the Roses, where the end result was the worst possible outcome?

While that was just a movie, tragedies do happen, you can see it in the news just about every day.

 

Do not let this happen to you.

Divorce is one of the worst experiences you will ever have to go through, which is why so many people should try as hard as they can to avoid it, however, if you find that everything is getting so emotional that someone could get hurt, get some help because that is the only thing that will help you in a divorce.

Anyone who has ever been in a divorce knows just how painful it is in fact it is just about as bad as facing the death of a loved one.

In the news from time to time you hear that death is the result, of a bad relationship, don’t let that happen to you.

It is something that is one of the most difficult things you can face, however, when faced with the alternative, fighting and even criminal actions, divorce is much better, lots of times you see people who have shot each other and you wonder why didn’t they just get a divorce.

In every situation you should always consider alternatives, never do something that you cannot take back, not only will it ruin your life but it will destroy the lives of everyone around you, so seriously if you are having troubles, at home, find a way to work it out or simply get out.

Though it is good to have a happy marriage, when you face a hard situation like divorce, you should have the courage to overcome it. Usually circumstances for divorce occur bit by bit and not suddenly. If you happen to unfortunately enter into the divorce market, you may have to consider the following things on divorce to overcome the process smoothly. Relying solely on friends and family alone for advice would not help you much.

1. In US, law on divorce differs from one state to another. For example divorce in California is different from divorce in Wisconsin. Though they differ mainly on division of assets, divorce can be filed only in the state where you live. You can not go to another State which offers more on division of assets.

2. These days, an uncontested divorce, also called as no-fault divorce has become more popular and common among spouses opting for divorce.

Under this divorce, they have to mutually agree and understand that divorce is the only option for both spouses, after arriving at a basic agreement on splitting up of jointly owned assets. The process becomes easiest when there is no involvement of children out of the wedlock. For no fault divorce, lawyers are only required either on a minimal basis or they are not required at all.

3. Some states insist on a ‘test’ divorce, under which separation is required during a trial period before grant of divorce. During the period of separation, the couple opting for divorce should live apart without any interaction in between. Under the circumstances of separation, couple will get to know each other and will try to live without the partner. Many times, people suddenly discover that they do not any more require divorce during the period of separation, and get willing and prepared to make adjustments on past differences.

4. In an ‘at-fault’ divorce, any one of the couple breaches marital contract and has committed abandonment, infidelity or cruelty to the other partner. There are different kinds of cruelty such as verbal or emotional cruelty or physical cruelty. Some of the States do not require an initial trial separation for at-fault divorce. When both spouses become guilty of committing breach of marital contract, the principle of comparison rectitude is employed. This method compares the guilty parties and determines which party is guiltier. It is very difficult to prove the degree of guiltiness through mere word of mouth which can drastically change the direction of case and decide upon division of assets and property.

5. If you are facing the divorce right now, you should know the specific divorce law relating to your State in which the case is filed, even if you are under a stressful situation. A proper homework will enable you to face the situation with great courage and you will come to know and understand what to expect out of the case.

legal problems?
Dec 13th, 2010 by lawsuit

Did you know that for most people having a legal problem is something that they will face at least three times in their lifetimes.

Pre-paid legal plans promote preventive law.

Many people believe they need the services of a lawyer, under a pre-paid
legal service scheme, to solve a legal problem or resolve an intricate
situation. Often, your lawyer’s most valuable help could be before you
get involved in legal trouble.

When you sign up for a pre-paid legal plan, you have the right to unlimited
toll-free telephone access to your attorney.

The sound advice and consultation given to you by your lawyer will help you take the necessary
steps to detect and resolve any potential legal problems before they take more dangerous proportions.
This is called in legal jargon “therapeutic jurisprudence” or “preventive law”.

Just as preventive medicine helps prevent disease by detecting their symptoms, preventive law helps prevent
serious legal consequences by detecting early problems.

In an increasingly litigious society, there is real concern that assets you have worked long
and hard to accumulate may be attacked by creditors and litigants, through no fault of your own.
By the time a potential claim or liability is identified, it is too late to act.

A competent attorney’s advice is your best option to minimize your exposure
to potential risks and protect yourself from legal problems getting out of

Attorney Reveals Legal Strategies for Protecting Assets
Jun 15th, 2010 by

Wow this is almost like a license to cheat, but could it also be a blueprint for someone to fight back…

What exactly is Asset Protection and how do you determine if someone can benefit from it? Asset Protection is really a multidisciplinary approach to strategic planning methods including: Lawsuit Protection, Estate Planning, Privacy Protection, Tax Reduction and Financial Strategies which maximize investment returns while minimizing risk through diversification and asset allocation. Combining all strategies under one roof, so to speak, really helps clients achieve their objectives without consulting several specialists. When clients visit an attorney for a legal opinion or, CPA for a tax opinion and a Financial Advisor for a financial opinion, they sometimes get conflicting information and become thoroughly confused. Not only that, but they probably get three separate invoices in the mail for their time.

Q: Could you be more specific as to what you do for clients and who would need this type of protection?

A: I typically use traditional entities but I add customized unique asset protection attributes. I integrate these entities into a comprehensive strategic plan where each entity serves a special purpose. The basic building blocks includes: Limited Partnerships, Limited Liability Companies, C-Corporations, S-Corporations, Revocable and Irrevocable Trust, Encumbrances, Powers of Appointment and specially drafted contracts and agreements.

Q: You hear so much about IRS these days. Are these strategies legal?

A: Yes, all the entities I create have Tax ID Numbers and are set up in compliance with all Federal and State laws. That is why it is so important to have a CPA involved. There are too many people without the requisite tax background trying to do this type of work. It’s a shame to see a plan fail due to poor tax planning and advice.

Q: Marriage and divorce are important events in people’s lives. Do you recommend any special considerations for clients considering either?

A: Prior to marriage we recommend a Prenuptial Agreement prepared with special asset protection features. During marriage we use a Postnuptial Agreement with detailed provisions protecting wealth. Under California law, we can create legally binding documents that protects both assets and income.

Also, separate property trusts and business structures and contractual arrangements can legally shield Hard Earned Wealth from Unreasonable Divorce Settlements. Of course timing is critical. The earlier we see the client the more effective the plan will be.

Q: How does the new tax law impact your planning strategies?

A: Very much so, Dividend and capital gain rates have been reduced to 15% and ordinary income is still taxed at over 35%. Our planning strategies have been uniquely customized to permit the maximum tax reduction under the new law. At the same time we continue to use traditional tax savings methods such as pension plans and deferred exchanges to further reduces taxable income. This new law others a limited opportunity to take advantage of these tax breaks. Preplanning is still very important for each client we look for possible restructuring of their legal entities and their asset holding and their liquid asset portfolio.

Q: A lot of people wait to the last minutes to do any type of planning. When is the best time to set up your asset protection plan?

A: The earlier the better. The best time to prepare an asset protection plan is prior to any lawsuits or potential claims. Asset protection is like a chain, only as strong as the individual links. Inadequate plans can be overturned and disregarded. If there is a problem lurking, only the most capable and competent Attorney/CPA should be contacted.

Q: Is Asset Protection expensive?

A: Asset Protection is not only for the super wealthy. A very basic asset protection plan can be set up for as little as $1,500 to $4,000. More complex structures can cost $5,000 to $10,000 and up. We try to keep annual costs very low. Some states charge only $50 per year to maintain an entity. Most clients end up saving many times the initial fee the first year. Also future tax benefits and investment returns will usually pay for the plan many times over.

Steven Sears, Attorney and CPA offers Asset Protection and other services in Irvine, CA. For more information, visit: http://www.corpadvisor.com

Trademark: Legal Care for Your Business & Product Name
May 18th, 2010 by

  • ISBN13: 9781413306996
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anything that identifies your company, product or service!

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Trademark: Legal Care for Your Business & Product Name

Sharing pensions after divorce ? Have legal opinion
Mar 14th, 2010 by lawsuit

Now this is just plain, wrong, but the world is different even in the usa, right?

Pensions are an important portion of our assets. Commonly when couples register for a divorce, pensions are not included in the total assets. Pension can be a important portion of any person’s overall income but most people forget to include it while calculating the assets.

This debate has been running for long and couples have always been confused whether pension should be counted in the overall assets while filing a divorce. This looks to be a tough subject to many and you will find more of your questions answered here once you have read more.

The asset division in every divorce case may be different and it depends upon many factors. If you believe that it is the same in every legal case, then you may be wrong. There are a few regulations but then the final settlement may not be identical for different couples.

The pension divorce calculators can be employed to have an idea about how the pension must be divided among the two. It is then up to the court to make a decision on the final agreement about how the pension and other assets will be split.

Such a situation may at best be averted and you must make an arrangement yourself after taking the suggestions of your attorney.

In divorce cases, conflicts related to pensions may get complicated. So there is a requirement for a attorney to chip in to make an arrangement that is good for both the parties. As the couple can not reach an arrangement on their own, it is necessary to take help of an expert divorce and pension attorney.

You may finally decide on something that is suitable to you and your lawyer can aid you in every way to suggest something as per the pension divorce calculator.

In many cases, the wife does not demand the husband’s pension. But if she has done her homework and the lawyer is ready to ask for it, then she may get successful.

Get more information about divorce and pensions. Find a good pensions calculator here.

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