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.

There is no doubt that the increasing instances of Drinking under influence or Driving while intoxicated (DUI/DWI) are pointers to the fact that despite the stiff penalties and punishment provisions people cannot stop their urge to drive after consuming alcohol. Almost all the States of the US have penalties in the form of fines and even jail terms. The penalties progressively get stiffer depending upon the seriousness of crime and the number of times the offense has been committed. Since the government intention is not to go soft on DUI/DWI, it is wise to consult the DUI attorneys whenever you get caught in inebriated state while driving.

The DUI attorneys know how to reduce the sentence and penalties. Minor offenses as per the DUI laws are treated as misdemeanors whereas the major and more serious ones are considered felonies. A misdemeanor can also become a felony with repeated offense. The DUI related offense cases are made at two levels. At the administrative level, it is the case with the Department of Motor Vehicles (DMV). And, at the second level, there is the case with courts. One needs to file for the case review with the DMV within a specified period of time. And, if you think that one can take it easy and make it at that level, then it is mistaken notion. Even a single mistake at the paper work will mean that the case is lost. Therefore it is not advisable to go all alone without any legal help. You can get back your license and also try and get the criminal records expunged with the help of a lawyer.

The best DUI attorney can try to commute your sentence to a lower category one. In place of jail period, he might try to get for you community service, driver education programs, installation of Ignition Interlock Device (IID) and other such measures which aim to reform the person rather than punish him.

The DUI attorneys can tell you that the conviction under DUI/DWI offence could be a very serious matter for your future. Your driving license might be revoked. You might not only lose your current job but will also find it difficult to get employment elsewhere. The costs of insurance are also likely to increase considerably and you might now be required to pay steep premiums. The criminal record formed might also entail social costs for you. So, the best part is to avoid driving when you are drunk.

Filing bankruptcy is a really tough decision and actually can leave you with tremendous problems. But the question arises whether one should file bankruptcy or should not…?? One can easily plan and make a budget on his own. As far as making budget is concerned, you can create a realistic budget depending upon the monthly expenditure and income you have. This means that you must include the payments you have to make and the monthly expenses you have on fixed basis. With the availability of money you have, decide upon the current expenses to be made and how to save a maximum amount in such a case when you are planning to avoid bankruptcy.

Think that you can make a cut…?? Here we have a few tips on bankruptcy and related things:

1. The best bankruptcy attorney is one who can not just explain you the problem you are facing bankruptcy but he also pulls you out from the same.
2. Procrastination is a big NO–NO in case of bankruptcy. You should not keep on waiting till the end and to avoid bankruptcy you may hire a bankruptcy lawyer as soon as possible.
3. You may go to the bankruptcy court and observe carefully the attorneys there. Here you will come to know the real procedure of bankruptcy law.
4. Do not go for the cheap lawyers at this crucial time, you must hire a lawyer who is the best at his work.
5. Try to know about the lawyer you hire. Asking about his certifications, number of bankruptcy cases he has handled, and number of business filings he has done in months or years he has worked.
6. Filing bankruptcy without an attorney is neither possible nor you have to try. Just hire a good legal advisor and avoid the problems in your business.