Prenuptial and Postnuptial Agreements

People enter marriages expecting and not expecting a divorce. Prenuptial agreements and postnuptial agreements have become a norm today. Moreover, people enter into marriages on a contract basis. Unfortunately, nowadays, the genuineness of marriage is becoming less justified. A family law lawyer assists in ensuring the marriage does not end up ugly. Prenuptial agreements are marriage contracts between two people who intend to get married. However, a court may find a prenup invalid if it has the following elements;

Child custody and support terms

The court decides the conditions on who to pay child support or who to take the child with upon divorce. The prenuptial agreement stipulating these is invalid because the judge has to act in the children’s best interest. The judge will also decide on the amounts to be paid in child support and by which partner.

Divorce incentives

A prenuptial agreement explains the financial state of both partners upon divorcing. The agreement will be considered invalid if there are terms providing divorce incentives. Both partners should stick to their assets and not ask for more than they deserve.

Unreasonable terms

A judge may decide to invalidate some terms stipulated in the prenuptial agreement. Upholding terms that will result in hardship, like one partner unable to provide basic needs for themselves, is overridden. A divorce, even with a prenup, should ensure both parties part civilly.

Illegal terms

All provisions in the prenuptial agreement should be compliant with federal, state, and local laws. The agreement should not stipulate any illegal actions or assets to be maintained or carried out by either of the partners.

Nonfinancial rules

The prenuptial agreement may be challenged, and any nonfinancial rules stipulated may not be upheld. The major element of a prenup is to elaborate and emphasize the financial issues. Domestic issues such as religion and choice of schools for children will be invalidated if stipulated in the prenup.

It is crucial to note that prenuptial and postnuptial agreements do not necessarily mean there is no love between the couple. Both types of agreements can be tailored according to the couple’s assets and liabilities. The contents of a postnuptial agreement that occurred after the union took place are;

Spouse maintenance fees

The couple may decide to take a secondary or primary role in raising the children, being a stay-at-home husband/wife, and seeking higher education for better jobs. Maintenance for the spouse may apply during and after marriage. Alternatively, the couple may decide on no support upon divorce.

Provision of separate property

State laws supersede the postnuptial agreement. Some laws may uphold the provision of separating property before and after marriage, while others may not. Inherited property kept and maintained during the marriage may be considered individually. You, as a couple, must understand the state laws before writing this provision.

Marital property

If the postnuptial agreement does not contradict the law, this provision is upheld and helps to quicken the divorce process. The marital property provision encompasses joint accounts and properties. This provision protects the separate property from the marital one.

Child support, custody, and visitation rights

The postnuptial agreement may have a provision that protects children from previous marriages if divorce happens. The provision must be fair and reasonable to both parties. The court will invalidate this provision if it is not in the best interest of the children.

Seeking a family lawyer in the matters of marriage and divorce is important. Legal counsel will help you understand your limits in stipulating the provisions. Mental health should be included in the whole process, especially where children are involved. However, religious and cultural differences may slow down the divorce process. Unfortunately, many marriages suffer from toxicity.

What to Consider Before Hiring an Accident Attorney

In the event of an auto accident, the victims are left with severe injuries that can lead to a permanent change in the life of the affected party. Victims are also left with the burden of medical bills to settle on their own. Many insurance companies offer a percentage of the settlement that does not cater to all the expenses. 

Therefore, it is necessary to seek the services of an auto accident attorney as soon as the accident takes place to represent you in the legal process. Auto accident attorney Seattle will help you to get the most out of your settlement. 

However, it would help if you put into consideration the following factors before hiring an accident attorney.

Level of Experience

Before hiring an injury attorney, it is vital to look at their experience level in different auto accident cases. You may also need to investigate their trial experiences and whether they have won any such issues before. 

It is vital to understand the nature of your case and get a lawyer who is well qualified in the area of legal representation.

Ease to work with

When seeking the expertise of an accident attorney, it will help to determine whether it is easy to schedule an appointment with them. It would help to work with a lawyer who creates time to listen to you when the need arises and promptly answer your requests. 

Such a lawyer understands your situation thoroughly and can represent you in the court of law even in your absence. 

Legal fees and terms of payment

Before signing up for a legal representation contract, it is vital to consider all the costs of the representation. It will help people to understand all the legal charges and what they are charged for. Clients should also inquire about any circumstances under which additional costs may arise in the process. 

Choosing an attorney is a decision that requires a lot of care as it determines the success or failure of your case. 

Is Your Divorce Settlement Final? Here Are Three Reasons To Reopen Negotiation

Divorces are hard, and when you enter the settlement phase, it can become emotionally draining. Such mental exhaustion over deciding on the final details may make you make some choices that you don’t like or don’t work well in practice.

Many people feel that once the papers are signed, options are limited. It is possible, though, to see changes, especially under the following three circumstances. Find a lawyer specializing in the modification of court orders NJ, and request your case be reevaluated. 

1. Income Changes

Financial shifts are one reason to ask for alterations. Hardships and rewards come and go. Now that you are independent, it means that you’re providing for yourself more than in the past. For some, that means going back to work or seeking promotions which could increase salary.

Others may find it hard to juggle single life, especially with children in the home. For these parents, reduction of hours or loss of a job could be possible, creating a major loss of income. These conditions could impact alimony and child support needs.  You may ask for more or less monthly income based on these events.

2. Illness or Physical Disabilities

Alimony supports your previous lifestyle. Unfortunately, if you or a child become ill or hurt, that could make it harder for you to survive, requiring more assistance financially and medically. With your legal team’s aid, you could seek further medical insurance coverage or monetary commitment.

3. Growth in Child Responsibilities

Kids grow up, and sometimes that means they need more than they did before. As teens, they may require a phone for safety and communication. In addition, youth begin to drive, and parents take on insurance and car payments. This expense could be too much for one guardian; thus, you may ask for more compensation.

Finalizing your agreement does bring an end to the marriage; however, that doesn’t mean that help isn’t possible in the future. If you cannot work on financial changes together, seek professional assistance. Attorneys may be able to seek an increase in alimony funding.

 

Can Class 6 Felonies Be Argued Down to Misdemeanors?

Most people never commit a serious felony in their life and don’t end up experiencing severe legal or financial troubles as a result. Unfortunately, some people may commit and get convicted of a class 6 felony, a crime that may stay on their record for years and cause troubles in various ways. Others may get extended sentences unless they take the time to reduce the severity of this crime to a misdemeanor.

What are Class 6 Felonies?

Class 6 felonies are the most minor types of felony crimes a person can commit. They are usually prosecuted at the minimum felony sentence and often result in probation for many people who commit them. Probation is the most likely situation for first-time offenders. Those on probation must avoid serious offenses, or they may end up charged with a much more severe felony as a result.

Each state in the country defines class 6 felonies slightly differently. Some might charge an individual with a higher felony type than other states for the same offense. As a result, it is crucial to understand the different rules that dictate this rating throughout each state. And it is also vital to have a good idea of a few other offenses that may qualify as class 6, including things like:

  • Possessing a small amount (usually two ounces) of an illicit substance
  • Gambling online when this activity is not allowed in a state
  • Getting a stolen firearm from someone (mainly if you know it was stolen)
  • Handling a weapon like a gun or a knife with improper care or recklessness

Penalties for such felonies will also vary on a state-by-state basis. Some will charge 1-5 years for a class 6 conviction, while others may charge between $2,500-$50,000 for certain crimes. However, some people may find themselves getting an extended sentence in some cases, even for a class 6 felonies. As a result, it is essential to know whether or not these felonies can be reduced in severity.

Can These Felonies Be Decreased?

Class 6 felonies are among the most accessible types to argue down to misdemeanors due to their relative lack of severity. While they are still considered a serious crime, it is possible to avoid a criminal record by using a myriad of different arguments against a felony case, including situations as diverse as:

  • Mitigating Circumstances – Judges may decrease the severity of this crime if a person was not aware they committed it, i.e., if they received a stolen gun by accident.
  • First-Time Offenses – Many judges will go more leniently on somebody who has committed just one offense, allowing class 6 felonies to be reclassified as class 1 misdemeanors.
  • Defense Situations – When people commit class 6 felonies in self-defense (such as recklessly handling a firearm), some judges may decrease their offense to a misdemeanor or dismiss the case.

While class 6 felonies are more manageable to argue down to misdemeanors than other types of felonies, that doesn’t mean an individual has an open and shut case. There are many situations in which judges will refuse these explanations, even if they are valid, and want to prosecute someone for a felony anyway.

Work With a Lawyer on This Process

If you find yourself facing this type of conviction or crime and want to avoid long-term consequences, you should talk to an attorney right away to see what you can do to prevent this concern. Many people will find that it is surprisingly simple to argue class 6 felonies down to class 1 misdemeanors. However, the possibility will vary on a state-by-state and judge-by-judge basis.

What Are Common Reasons Why Someone Might Have a Car Accident?

A car accident can happen at just about anytime. Even though a car accident might appear minor, it can actually lead to serious injuries, even if the damage to the car is relatively light. Therefore, it is important for everyone to do everything they can to prevent a car accident from happening. This starts with understanding some of the most common reasons why car accidents might take place. According to this 2021 car accident guide, what are some of the most common reasons why people get involved in motor vehicle accidents? There are several important factors everyone should consider. 

Drunk Driving Remains a Major Issue Leading to Car Accidents

Unfortunately, one of the most common reasons why people are involved in a motor vehicle accident has to do with alcohol. Even though there has been a significant amount of attention paid to drunk driving during the past few years, drunk driving remains one of the most common causes of motor vehicle accidents. When someone decides to drive behind the wheel, they are in pairing their judgment, inhibition, and reflexes. Therefore, they may not have the ability to react to changing road conditions as quickly as they would like. The legal alcohol limit for driving behind the wheel is 0.08. A BAC higher than this is considered drunk driving. Everyone has to put safety first by not drinking and driving. 

Too Many People Are Using Their Cell Phones While Driving

Of course, it should come as no surprise that another common cause of motor vehicle accidents has to do with cell phone use while driving. Even though people are constantly attached to their cell phones, they need to put them down when they get behind the wheel of a vehicle. If people are paying attention to their cell phones, they are not paying attention to changing road conditions. Furthermore, if they take their hands off the wheel of the car to send a text message, they lose control of their vehicles. This is incredibly unsafe, and everyone has to put away their cell phones when they get behind the wheel of a car. 

Fatigued Driving Can Lead To Car Accidents

There is another common cause of motor vehicle accidents, and this one has to do with driving while tired. People are under more stress today than they ever have been in the past. Therefore, a lot of people feel constantly tired. Not enough people are getting enough sleep every night, and too many people are deciding to get behind the wheel of a car while they are fatigued. Highway hypnosis is real. It is incredibly easy for someone to fall asleep behind the wheel of a car. Obviously, if this happens, the chances of suffering a motor vehicle accident are very high.

Weather Can Also Play a Role in Motor Vehicle Collisions

Finally, weather can also play a major role in motor vehicle accidents. For example, driving on roads after they have been soaked in rain can be challenging. Tires lose traction, making it easier for someone to be involved in a motor vehicle accident. Fog is another major factor that could play a role in the development of motor vehicle accidents. When people do not have enough visibility, they have a high chance of getting involved in a car accident. To deal with changing weather conditions, it is important for everyone to slow down when they drive in hazardous situations. That way, they have time to react if something changes. 

If You Suffer a Car Accident, Help is Available

Going through a car accident can be incredibly stressful. Many people may not know what to do next. Fortunately, nobody has to go through a car accident by themselves. Trained professionals are always available. Following a motor vehicle accident, everyone should be focused on their medical recovery. They should not have to worry about ancillary issues. Therefore, do not hesitate to reach out and ask for help if you have been involved in a motor vehicle accident. Some people are willing to shoulder some of these responsibilities on your behalf.

Applying For an E1 Visa

If you are coming to the United States as a trader or a senior employee of a company that resides within a trading country, you will need an e1 visa lawyer los angeles to help you through the process. There are a number of documents that you will need to have before applying for an e1 visa. And there is a process that must be followed.

The Documents That You Will Need to Have

The documents that you must have are:

  • Form DS-156E for nonimmigrant investor applications.
  • A copy of your passport.
  • Full-color facial ID.
  • Documents that show a year’s trade.
  • Evidence of trade between the two countries.
  • Your CV/resume.
  • Proof of employment.
  • Evidence of US remittance.
  • Evidence of residence with the United States.
  • Evidence of nationality.
  • Proof the company exists.
  • Form DS-160 for nonimmigrant visa applicants.

Formally Applying for the E1 Visa

You will need to take all the documents and work through all the paperwork. Once that is completed you will need to have your lawyer mail them to the address provided. Once the application is approved you will be able to have your interview and get your visa. The process can take some time, so it is best to have a lawyer help you prepare all the paperwork, so you do not have delays in the process.

How To Prepare for a Big Move

A big move can be exciting, but it may also feel exhausting. This can be true whether you’re moving across the country and need long distance movers in St Louis MO or are just moving to the other side of your city. Either way, moving and getting all of your belongings to your new location in one piece can feel like a big undertaking. The good news is that there are things you can do to help make the moving process a little easier. 

Plan It Out

One of the most important things you can do when it comes to moving, especially long distance, is plan it out. Not only should you plan in a basic way by doing things like making a to-do list, but you should also outline things in a more detailed way. Even with the best planning, sometimes unexpected events can throw you off. Because of this, you can never prepare too much when it comes to moving.

Some good things to arrange are how long you expect it to take, what kind of moving materials you will use, whether you will purchase moving insurance, and whether you will ask friends or family to help you move or opt for professionals. Beyond that, making plans about how to manage pets and children during the move can be beneficial as well. 

Stay Organized

Along with planning things out as much as possible, it is also essential to make sure that you are staying organized, as well. The more organized you can stay before and during the moving process, the more likely you will be to get all of your belongings from one place to another safe and sound, and the smoother the whole process will go.

Some great ways to stay organized can include taking inventory of what you own, as well as making sure that you label all of your boxes and other packages. Making a checklist to follow, along with keeping all of your important personal documents in one place can be another great way to make sure that you are staying properly sorted. 

Making a big move can be stressful. However, that doesn’t mean that there aren’t things you can do to help ease some of that stress. While you may feel like you have a lot on your plate, the good news is that by making thorough plans and staying organized you can help simplify the process. 

3 Benefits of Using Bail Bonds

Everyone gets into a sticky situation now and then. Legal predicaments, however, can be especially troublesome. If you find yourself or a loved one awaiting trial behind bars, you may want to consider options such as bail bonds near me Allentown PA

1. Skip the Jail Time

One of the most obvious benefits of utilizing a bail bond is that you can spend the time between your arrest and your court date at home rather than in a cell. Depending on the type of legal charges against you, bail can be set at an extraordinarily high amount. If you do not have a sizeable savings account, a bail bond is essential to your release. 

2. Prevent a Headache

While it may be possible for many people to scrape together the necessary money for bail, this process can be quite involved. It could be impractical for you or your family to liquidate any assets while you are in jail. Bail bonds agents, however, can help assure a timely release, even for larger bail amounts.

3. Minimize Financial Risk

In some cases, you may have the option of using your own property as a bond. While this may seem like a good idea at first, you run the risk of losing this property if an unforeseen problem arises that prevents you from attending your court date. The fee a bail bond agent might charge you would be relatively small compared to the loss of your personal property.

While you no doubt hope to avoid being in a situation where you must post bail, it is prudent to have a plan if this were to happen. In the absence of significant financial resources, a bail bond could be a strong choice. This way, you can spend more time focusing on your future and less behind bars.

Setting a Budget at Christmastime

There are two types of people in the world: Savers and spenders. At Christmas, it is much easier to be a spender than a saver, and it can wreak havoc on your wallet if you are not careful. It is important that you set a reasonable Christmas budget that the whole family can stick to. In this way, you will be able to get gifts for everyone on your list without having to worry about a lasting financial strain from the holidays.

Consider Normal Monthly Expenses

Just because it is the holiday season does not mean that you will not have to pay things like rent, utilities or car notes. It is important to factor in your normal expenses when determining what your Christmas budget will be. Make a list of all the expenses that you incur throughout the month, including your groceries and any extras like vaping supplies from Smokingthings. In this way, you will be able to see what is left over to spend on your gifts.

Make a List of Gift Recipients

Your budget will be stretched a lot more if you buy a gift for every single person that you know. You should make a list of everyone that it is essential for you to buy for. Then, if there is a lot of money left over in the budget, you can add more people to that list. If you are having trouble stretching your budget across several people, you might talk to your family about drawing names for gifts this year. In this way, everyone gets one larger present instead of several small ones.

Do Not Forget About Yourself

During the holidays, it can be easy to get wrapped up in buying for everyone else, and you can easily forget about yourself. However, you should set aside some money to get something special for yourself. It does not have to be anything large; just something to cheer you up and make you feel indulged. It is not selfish to want to get something for yourself at Christmas; after all, you have worked hard to be able to spend your money.

There are plenty of things to get excited about during the holiday season, and gift giving is one of the main ones. Consider how you will budget for your gifts this year while still giving gifts that are thoughtful and meaningful. When you follow these tips, you can have a great Christmas that will not break the bank.