Divorce is the legal end of marriage and consequent separation of the couple. The estranged couple may decide to part ways rather than living in hell-like mutually incompatible environment. Depending upon a number of factors, the divorces can be of many types. The divorce attorney can explain and distinguish between the different types of divorces. Some of these are:

1. No-fault : In this, the parties do not hold each other to be at fault but would like to put an end to their marriage.

2. At-fault: In this, the court would require one of the parties to prove that the other party was at fault. Or, in other words, it would require the proof of the grounds of divorce. In the US, this is no longer the requirement of the state divorce laws except for the laws of the state of New York.

3. Summary or Simplified divorces: When the parties do not have a child, do not have any substantial property interest, have been married for shorter duration and meet some other conditions, the court may direct for a summary dissolution of marriage and divorce.

4. Uncontested Divorce: When the parties are able to come to mutual agreement on key factors and issues governing the divorce, then there is no need for contesting the divorce proceedings. These issues could be related to division of assets, custody of child, maintenance, etc.

5. Collaborative: In this, the parties are assisted by the divorce lawyers to come to a mutually acceptable divorce agreement. Once this starts, the associated divorce attorney for each party is not allowed to represent the same party in court.

Residency requirements for Divorce

In US, some of the states have adopted the Uniform Divorce and Marriage Act. Some have adopted the Uniform Divorce Recognition act which requires both the parties to be residing in the same state where it is filed. Similar requirements are there in other states as well which might require couple to have lived a specific length of time together in that state. The divorce attorney of any state will know the position of law in his as well as other states.

Annulment and Divorce

It is common for a person to use these terms interchangeably. But, any seasoned divorce attorney can tell the difference in their meaning and its consequences. Annulment is the dissolution of marriage assuming that it never happened in the first place. The grounds for the annulment of marriage are fraud and misrepresentation, concealment of material points, non-indulgence in sexual intercourse and misunderstanding. Annulment is common in cases of short marriages.

In cases of marriage dissolution and other proceedings of the court related to the family law, the issue of the custody of children is very sensitive and bears a high emotional quotient. Unfortunately, the couples who have decided to part ways are not able to reconcile their differences even if child’s life is duly factored in. In these situations, both would like to have the child. But, the opinion of the court and the law in this regard is of primary importance rather than the emotionality of parting couples.

So, what are the basic guiding principles of the child custody law? Many would believe that it is the child’s best interest which shall be the foremost concern. However, that is not the case. The first important thing to consider is that whether the parent is able to act in the best interest of the child. Thereafter, what is the child’s best interest is considered. Also, the courts have upheld that the fundamental right of the parents to keep the custody of the child but its definition has been broadened to include the long term relationship between the child and the non-blood person as well. So, what does that mean actually?

The non-blood person shall come forward while the court proceedings are going on to decide the child custody. At first, he or she would be required to prove that there is a long-term relationship between the child and himself or herself. Secondly, he/she shall prove wrong the presumption that the parents can act in the best interest of the child. And, finally, a judgment is done on the basis of what is in best interest of the child.

As the family law in US has evolved over the years, the term ‘custody’ has been replaced with ‘time schedule’. So, now the focus of the courts is on determining how the child’s time can be divided with each parent. This is essentially based on the child age and the linked physiological and psychological development. This has provided some relief to this otherwise sensitive issue. Child custody lawyers can easily recall cases where violence has taken place and court orders have not been obeyed over the question of residence of child and establishing the contact with the other parent.

The court’s consideration of the best interest of the child is the prime guiding principle even though the parent’s ability to act in his best interest is given precedence in assessing the same.

United States has always been one of the most desirable destination for people looking to immigrate for better living and work opportunities. Known for its liberal democratic governance, freedom to individuals, economic diversity and much more, this country sees the influx of immigrants through various channels from all over the world. However, there are standard and set procedures which allow for smooth and legal immigration. An immigration attorney deals with these laws and guides the people on various aspects of these laws.

The immigration attorney can inform about the various types of visas which can be used to gain entry into the US. These could be student or visitor Visa or work based or family based visas. Besides these, they also take up the cases for the grant of permanent Green Cards and the citizenship and naturalization visas. An immigration law attorney usually gives the legal advice and can also be your representative in cases pertaining to immigration issues.

The work area of the attorneys also covers the rights, duties and obligation of the foreign nationals who come to US. They deal with the application procedures and processes, legal issues relating to people who are refugees, political asylum seekers and those who enter US by way of illegal human trafficking. They also handle the international adoption and defend the criminal deportation cases initiated on behalf of the US government. In certain types of cases, like I.N.S. detainee lawsuits and I.N.S. jailed family members, the law requires the representation to be made by the immigration attorney.

For any type of immigration related problems or questions, it is better to consult the best immigration attorney. Though one can obtain the required information from the administrative departments as well, they may not be able to inform you on the various aspects of the law. So, there is a good chance that the information being provided is not complete or leaves out certain crucial elements. The government employees will spell out the view of the government. They may not be able to show the complete picture due to limitation of knowledge. Therefore, before taking further steps or decisions, it is desirable to take the advice of an experienced lawyer.

The immigration attorney can work through the legal juggernaut and expedite the work. Where a common person may not know which path to tread, he can provide useful insights based on his experience and essence of the laws to make smooth immigration a reality.

Scope of business laws is very vast. From the different types of business formations to their working as per the governing laws and finally, to the termination of the enterprises, all form the subject matter of business laws. A business attorney is expected to be conversant with these laws and shall be able to advice the different business sectors on the different aspects of the applicable laws. These lawyers which deal with the corporate matters and contract laws are called transactional lawyers. The ones who deal in the lawsuits regarding the disputes in the business are called business litigation attorneys. Most of the lawyers tend to specialize in one of these areas whereas some practice both of them.

For all legal matters pertaining to the business, the choice of the right business attorney is important. He shall be skilled and experienced in handling cases in your type of business. You can look for the right one online using the search engines. The websites of the lawyers provide good insight into their past works. The list of past cases, their results, their success rates, their accreditations and credentials and client testimonials can give you good information. But, it is not sufficient to depend on their website only since it could be talking about good things of the lawyers only. A more in-depth search might come up with some previous complaints or any lost cases. Some business law attorneys may not have their websites but they might be listed in the online directories. It is also advisable to make checks with the State Bar Councils, court employees and even your friends and relations. Apart from the online medium, you can also look into the local printed directories, yellow pages, newspaper classifieds and legal magazines and journals where they might be advertising.

The lawyer shall have some important personality traits which you shall look for while interacting with him for the first time. Some of these are:

1. The lawyer shall listen intently to your case. He shall take professional interest in the matter.

2. He shall be clear in communication and tell what he expects of you in terms of his fees.

3. You shall look out for inconsistencies in his statements and do ask for clarifications for the same.

4. Ask all your doubts from him and do not hide anything from him. This will help him in better evaluation of the case.

Finding the appropriate business attorney can relieve you of many tensions and allow you to focus on other important matters.

Bankruptcy is recognized by the US Constitution and it empowers the Congress to legislate on this subject for the whole of US. These cases are taken up by the US Bankruptcy courts and the federal laws govern the same. However, in certain cases involving the determination of property rights, due consideration is also given to the state laws. Some main types of bankruptcies in the US are dealt under the following chapters:

1. Chapter 7: It is the liquidation of the assets. In this, the trustee is appointed and he takes stock of all the assets. He sells the same and distributes the proceeds to the creditors. The state laws give protection to the debtors by allowing them to keep certain essential properties. So, in effect, the liquidation is of properties other than these assets.

2. Chapter 9: This chapter deals with the reorganization of municipalities rather than their liquidation.

3. Chapter 11, 12, 13: Chapter 12 is applicable only to ‘family fishermen’ and ‘family farmers’. These chapters allow the debtor to retain some of his properties and use his future income to pay off the debts.

4. Chapter 15: It deals with the bankruptcy of those foreign entities which have US funds.

With people increasingly using the chapter 7 bankruptcy provisions to get themselves bankrupt and start afresh from scratch after wading off the creditors, the laws have been amended to make stricter eligibility norms for applying for chapter 7. The people with higher incomes (determined in accordance with a set procedure) are required to first pay off some part of their debt under chapter 13 before they can apply under chapter 7.

Another important change is about the mandatory counseling requirements before filing for the bankruptcy. The counseling has to be done with a government approved agency which will counsel whether bankruptcy is required to be filed or the repayment plan can be worked out. If it does prepare a repayment plan, you need not pursue it but it is required in the court of law.

The counseling is required not only before the filing but also after the verdict. This one is about the financial management so that the person knows how to manage the funds when he begins afresh.

And, the changes also seek to make the lawyers more accoun