Month: October 2018

Splitting Property in Your Divorce? Legal Help is Crucial

Marriage is not just a union of two people. It is also a fusion of their properties. If couples eventually decide to separate, the decision will have a profound effect on their assets. Splitting property in your divorce can be a tedious process. There may be disagreements as to who gets what and why that has to be so. It is quite a difficult yet necessary step when severing ties. Minimize the stress by getting lawyers who specialize in the matter. They can provide advice and negotiate on behalf of each of the parties. Lawyers will deal with the complex details while the former spouses focus on healing.

Community Property

Legal help is crucial as the division of property is not a straightforward process. It is not as simple as selling everything off and splitting the money in half down to the last cent. Even the identification of communal assets can be difficult. Each state will have its own laws on how to handle divorce. Some adhere to the community property rule, in which communal property belongs to the spouses in equal measure. This is the system in place in California, Texas, Arizona, Washington, Nevada, and many more. Other states prefer the equitable distribution rule wherein one spouses may get more or less than the usual half.

The Couple’s Agreement

The rules prescribed by the laws are not absolute. An agreement between the former couple can override the existing system. In a collaborative divorce, a negotiation can be hammered with the help of knowledgeable attorneys, financial analysts, and divorce coaches. The parties will be given all of the information they need to make a wise decision based on their interests and needs. This is suitable for those in amicable separations. If the parties cannot agree on the property split, then they may still try to find common ground with the help of an experienced mediator. These two options are less costly than a litigation.

Spousal Support

Sometimes, courts will grant a request for spousal support if one of the parties need monetary assistance. This is particularly true for marriages that have lasted for a long time, particularly when a spouse does not have a steady source of income. The common example is of a wife who gives up her career to focus on the family and child rearing. She may not be able to find a job right away to support herself due to years away from the industry and lack of experience. The alimony should allow her to get back on her feet during this crucial period.

Divorce is a complicated matter. Find a Rancho Cucamonga divorce attorney with the necessary finesse and sensitivity to handle your case.

 

LINKS:

https://en.wikipedia.org/wiki/Divorce

https://en.wikipedia.org/wiki/Divorce_in_the_United_States

What’s a Liberative Prescription?

What’s a liberative prescription? A liberative prescription is similar to the statute of limitations. It is the time allowed by the law to take legal action. Prosecution for a crime or civil matter can only happen within a finite amount of time. After the time expires, there can be no legal action. However, there are exceptions.

Liberative Prescription vs. Statute of Limitations

Liberative prescription applies to civil cases. The statute of limitations applies to criminal cases.  These two issues vary from state to state.

A civil case involves a legal dispute between two or more parties. To begin a civil suit, a plaintiff files a dispute and pays a filing fee. The court or a negotiation process will determine the solution to a civil case.

A crime is a serious violation of the law. The guilty party can spend time behind bars or pay a fine. Crimes require court action and not negotiation.A public prosecutor will prosecute a crime.

Liberative Prescription Applies to the Following Civil Cases:

  • Personal injury
  • Torts
  • Property Disputes
  • Contract disputes
  • Complaints against the city
  • Equitable claims

Liberative Prescription for Personal Injury

In the legal sense, personal injury is a serious injury to the body caused by the negligence of another person. Litigation will only happen if the injury is material and has caused hospitalization, disability or death.

  • Liberative prescription for personal injury can range from as short as one year to as long as six years. It all depends on the state.
  • A liberative prescription of two years will mean that you will only have two years from the date of the injury to bring legal action. You should not wait until the filing deadline of a personal injury case in Baton Rouge expires. You should immediately contact a personal injury lawyer in Baton Rouge after the injury.
  • In most states, there is an exception in the form of a ‘Discovery Rule.’ This allows an extension of the filing deadline if the injured person was not aware of the injury or the fact that the actions of the potential defendant might have caused injury.

How Liberative Prescription for Personal Injury Can be Extended

  • If the defendant leaves the state after committing the injury, the liberative prescription will stop running until the defendant comes back.
  • In most states, the filing deadline can also be extended if the defendant is mentally ill, disabled, or is a minor.

The Bottom Line

You only have a specified time to file a personal injury case and subsequently obtain damages. After the time expires, you will no longer have any legal recourse. Thus, you should always act fast!

 

References:

https://en.wikipedia.org/wiki/Statute_of_limitations

http://legis.la.gov/Legis/Law.aspx?d=110515

https://qz.com/621922/americas-confusing-and-outdated-rape-statutes-of-limitations-hurt-victims/