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Attorney At Law

Virginia Divorce What is Equitable Distribution?

In any Virginia divorce case, one of the issues that will almost certainly come up is “equitable distribution.” Virginia’s divorce law has a section concerning the division of the parties’ property. That is ?? 20-107.3 of the Virginia Code.

That section authorizes the Circuit Court judge in a divorce to divide the parties’ property and decide how the parties will pay their debts. The parties’ residence, savings and pension rights are usually the largest assets. Sometimes one of the parties has a business that was either started during the marriage or expanded during the marriage. Debts will typically include a mortgage and perhaps credit card balances owed.

The general rule in Equitable Distribution

The general rule is that money earned by the parties during the marriage and assets acquired with it are marital property. Property the parties owned separately before the date of marriage or acquired later by gift or inheritance are considered separate property. The Circuit Court judge in a divorce case can divide only marital property. Separate property cannot be divided by the court.

The fact that property is held in the name of only one of the spouses may not matter. As long as it can be proved that the funds used to buy the property were marital, then the property will be treated as marital and divided by the court.

Case example of Equitable Distribution in a Virginia Divorce

I recently finished a case in which the husband purchased a house shortly before the parties married. He took title in his name only. All of the money used to pay the mortgage was marital. That is, it came from the husband’s paychecks. I represented the wife and we persuaded the Circuit Court judge in Virginia Beach that the house was marital.

The husband appealed the case to the Virginia Court of Appeals twice. The first time the Court of Appeals said the judge did not use the correct method in analyzing whether the property was marital and sent the case back to him. The judge again found the property was marital and the husband appealed a second time. The second time the Court of Appeals concluded that the judge had analyzed the case correctly and affirmed his decision. This is the second opinion.

Mixed assets

Where the parties used both marital and separate property to buy an asset, the court can determine what portion of the property is marital and what portion is separate. A common example of this situation would be where the parties buy a house and use money from an inheritance to make the down payment and then make all of the mortgage payments from the salaries or wages they earned during the marriage. The marital portion can be divided but the separate portion belongs to the spouse who contributed it unless it can be shown that they meant to make a gift of it to the other spouse.

The apportionment of debts

The apportionment of debts also depends on whether they are marital. Whether a debt is marital depends on whether it was acquired for a “marital purpose.” The classic example of a debt that was not incurred for a marital purpose would be where the husband has a $15,000 American Express balance for a vacation taken with his mistress. Debts incurred for legitimate marital expenses are marital and the judge can divide them between the parties.

If you need legal advice about your Virginia Divorce call us now to (757) 491-0240 or (757) 619-5304 or visit our website…

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Attorney At Law

Considerations When Purchasing or Driving a Truck – Think About Accidents!

One of the main concerns when purchasing a vehicle should be safety, especially if it is intended for a family vehicle. If you are looking for a truck for work or just because you like trucks, one thing to consider is, for the most part, trucks are safer than cars in a car to truck collision because they are bigger, sit higher, have a full frame under them and have more mass than a car.
But on the downside, trucks have a higher likelihood of turning over than a car does due to its higher center of gravity. But when judging from truck to truck looking for the safest vehicle you should take the advice from someone who knows.
2010 Safety Ratings and Statistics
The National Highway Traffic Safety Administration knows. They do extensive crash testing of trucks to determine which vehicle ranks highest across six parameters. The numbers for the 2011 trucks have not been published, but for 2010 they have determined that the Chevrolet Silverado, the GMC Sierra, and the Toyota Tacoma have tested the highest in safety.
Frequency of accidents involving trucks rank third, behind cars, which ranked first, followed by SUV’s, which seems to correlate with the numbers owned. The holiday season, October through December, rate the highest numbers of accidents, Thanksgiving being the top producer of injury and death. While the most often crashed day is Friday, I wonder if it is because everyone is in a hurry to get home from work and start their weekend, or because of people going out and drinking on the weekend? Maybe it’s a combination of the two.
And oddly enough, most accidents occur in the day time in fair weather. I wonder if that is because more people are out driving. And it seems that, contrary to popular belief, males out number females in accidents by 20%. Is that because there are that many more males or those women actually do drive better than men? Obviously it’s because there are more men.
What Causes Accidents?
Tailgating, reckless driving and failure to yield rank as the top three causes for accidents, and persons aged 16-20 are the most oft crashed. Of course most of the fatal accidents involved alcohol, and many persons were injured or killed due to the lack of seat belt use. Approximately one quarter of fatal, and nearly half of injury accidents occur on the interstate, while around 75% of intersection accidents occurred in urban surroundings.
The best way to decrease these numbers is to drive safer. Don’t drink and drive doesn’t necessarily refer just to alcohol. If you can’t walk and chew gum, why do you think you can drive and eat that cheese burger? Also, if you are tired, rest, or STOP and get a caffeinated drink like coffee or a soda. And for goodness sakes, DO NOT TEXT AND DRIVE! This is a serious problem among the younger crowd today and needs to be addressed.
Buckle Up!
Follow the speed limit signs, they are not suggestions, they are the law! Buckle up! Pay attention to your surrounding at all times and always expect the other diver to not be paying attention. Obey traffic signs and lights, yellow means caution the light is changing prepare to stop, not floor it! Stop signs mean stop, they don’t mean slow down and look to see if anyone is coming then resume speeding. Just because you are in a truck doesn’t make you safer. All vehicles are dangerous if not operated properly and safely. Follow the rules and drive safe, not just because the life you save may be your own, but just because you might save a life.…

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Five things that a Charlotte Family Lawyer can help with Today

If you want to hire a Charlotte family lawyer you are not alone. Unfortunately, this is not often a good thing. It typically means that you are dealing with some sort of dispute with a spouse or an ex-spouse. As stressful as it may be, once you have the right attorney on your side things will begin to get better. This is why it is so important to choose a lawyer who is experienced and able to help with the particular situation you are facing.

For example, Charlotte Custody Attorney Timothy Porterfield has been serving the area for many years. He has worked with every imaginable type of case, even those that are extremely complex and messy.

If you are unsure of what a family lawyer has to offer or whether this type of professional is best for you, it is time to get in touch with somebody who can answer all your questions. At this point, you will have a clear understanding of what comes next.

To fully understand what a Charlotte, NC family lawyer can do for you, it is best to contact a professional on the phone. That being said, here are five areas in which they specialize.

Are you currently dealing with one or more of these issues? If so, you need to contact a family lawyer who can answer your questions and review your situation. You may think you know what you are doing, but once you speak with an attorney you may find that you have been making all the wrong decisions. As you move forward, you cannot continue to make mistakes.

Do I need an Attorney?

People often times shy away from hiring a family lawyer for two reasons. First off, they don’t know how much it is going to cost and whether or not they can afford it. Secondly, they are embarrassed and don’t want to show their business to the world.

There is no denying that you will have to pay for the services of a family lawyer. But remember, you are getting a lot in return as far as service and expertise is concerned.

As far as being embarrassed, keep in mind that your lawyer is not going to share your situation with anybody. Along with this, they have many years of experience dealing with people just like you. This means that they have seen every imaginable situation. There is nothing to worry about here.

As you can see by now, there are quite a few ways that a Charlotte family lawyer can help. If you don’t know what a lawyer can do for you or even if you need assistance, you should contact one to explain where you are. This is the only way to find out for sure if you truly need to hire an attorney or if you can do things on your own for the time being.…

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Common Law

Resolving the Issue of Age Gap Between Children

Surely, it is not easy for any parent to take care of a group of children with a wide age gap. With a greater age gap, there are more chances of one bullying the other. This may not seem like a very good reason to hire a domestic abuse lawyer or domestic violence lawyer, but at times things get really aggravated. The situation can get more challenging for a caretaker in some day care center.
To cater the kids properly, you need to plan out some activities. When planning them just bear in mind that the activities of younger kids will differ from the older ones. If planned really well, the children will enjoy themselves and no one will feel left out or ignored. If you need some tips with your planning then here it goes:
• Kids can have the wildest imagination so some indoor or outdoor crafts can be a perfect idea. This intrigues the children of potentially all age groups so you can engage all your kids in the same activity. You will be surprised to see what they can create when they are on their own. Just give them some instructions and materials and see how they love it. Of course, they will need some pointers but apart from that let them take a complete charge of their artwork. This way they will be able to create wonders without any constraints over them.
• You can also entertain your kids by the classic games such as tag or hide and seek. This can really cheer-up your kids. For one, they are active games that allow your kids to have fun and burn off abundant energy at the same time. You can further make them happy by playing with them. Not only will they enjoy it but you will also get some exercise. This way the children of all age groups can be engaged in the same activity.
• The older kids appreciate it if the sense of responsibility and trust is shown towards them. So you can involve them in facilitating the activities. Appreciate the small input they give and it will become much easier for you to control because younger kids look up to the older ones.
• Teaching leadership is quite essential for the grooming of the child. By placing children in groups, there are many potential lessons that can be taught to them. These will definitely help them in their future life.
• At times, you will find it is not easy to engage all kids in the same activity. The older and younger kids will want to do their own things. So let them do it and give them complete freedom to pursue what they want. It is not necessary that you have to combine their activities every time to teach them something.
With these tips at hand, you can certainly manage different kids from varying age groups no matter how big the gap is. Resolve the issues tenderly as childhood is the time when the character building of a child is addressed.…

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Attorney At Law

Don't Hire Just Any Broward County Business Litigation Attorney

Perhaps the most straightforward type of business litigation (if there is such a thing as “simple” business litigation) is the breach of contract case. This covers a wide range of situations that arise from one party to a contract alleging that another party to the contract has not fulfilled his or her part of the agreement. When this happens, you need to contact a Broward County business litigation attorney without delay. Breach of contract cases don’t necessarily go to trial, but having experienced legal counsel will help protect your interests whether the case goes to trial or is settled without one.

When You Need a Broward County Securities Fraud Lawyer

“Securities fraud” is also a broad term. It covers practices in commodities or stock markets that cause investors to buy or sell securities based on false information. Securities fraud frequently results in losses on the part of the investor. Offering exceptionally risky investments to naive investors is perhaps the most prevalent type of securities fraud, but it is far from the only type. Securities fraud also includes embezzlement by stockbrokers, misstatements on company financial reports, stock manipulation, and lying to auditors. If you believe you have been the victim of securities fraud, you should speak up. Contact a Broward County securities fraud lawyer promptly.

Business Litigation Is Rarely Simple

Even the most straightforward sounding business dispute is rarely simple. Trying to work things out for yourself generally doesn’t work. Don’t feel that contacting a business litigation attorney is “throwing good money after bad.” Working with a business litigation attorney can not only help you maximize your chances of righting a wrong, if a party to the dispute is found to have engaged in criminal activities, you could be key in punishing that criminal activity and you could save others from falling victim to dishonest, deceptive, or fraudulent practices.

Common Reasons for Business Litigation

While breach of contract and securities fraud are two of the most common reasons for business litigation, here are some other common reasons:

?? Debt collection

?? Enforcement of judgments

?? Disputes among partners

?? Franchising conflicts

?? Real estate disputes

?? Unfair trade practices

Your Broward County business attorney should have experience dealing with these problems, as well as resolution practices including negotiation, arbitration, and mediation. But he or she should be willing to file suit if other resolution methods don’t work.

Why Trial Experience Is Critical

The fact is, when it comes to recovery for business disputes, trial lawyers are often able to get better settlements for their clients. Business attorneys who aren’t experienced in the courtroom have a distinct disadvantage compared to those who do. Trial expertise is important to success in business disputes, along with your lawyer’s ability to perform the necessary research on the facts and the points of law that pertain to it. Successful trial lawyers have experience presenting evidence persuasively, and this is often the key to a successful outcome in court. If you find yourself in a business dispute, contact a Broward County business lawyer who has skill and experience in the courtroom to maximize your chances of prevailing.…

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Top Tips And Advice For Anyone Dealing With A Personal Injury

If you suffer a personal injury, it can be serious medical problem. It should be taken seriously. If you are hurt because of another person’s negligence, file a personal injury claim. By taking them to court, you will help make sure that this does not happen to anyone else. This article will help you become more informed about personal injuries.

Personal injury is a field that is difficult to have a case in. Therefore, you need to ensure you select the most qualified attorney to handle your case. Find someone who has had a lot of success in this area, so your case will benefit from the experience that he has gained from these cases.

Ask friends and family for personal injury attorney referrals. You will have a much better chance of getting the results you want with the right lawyer. It really does pay to secure the best lawyer available.

Don’t fall for television advertisements when picking a personal injury lawyer. Generally speaking, this can cause a great deal of trouble. If you are considering hiring a lawyer you saw on TV, do as much background research as possible before meeting them. You might waste valuable money by hiring an attorney with little experience.

For personal injury cases, only hire experienced personal injury lawyers. Attorney’s specialize in many different aspects of the law. Find a lawyer who has won similar cases before and has qualifications related to personal injury cases. By failing to have an attorney experienced to handle this type of law, you are going to be at a major disadvantage.

You need to know about the person who caused your accident. There may be a few policies you can make claims against. If you’re asking and not getting the information, consider an affidavit that compels them to divulge the information.

You have to remember that winning a personal injury case can take time. This process can take a while, and that means you need to be patient. You may find you don’t get your money for years! Remember this and you’ll be less stressed about the issue.

Has the attorney you’re considering handled a personal injury case like yours before? This is a good way to assess how appropriate they are for your specific situation. A lawyer that deals with these cases often will be more effective than one that does not have a lot of experience.

Talk to your lawyer about working on contingency. Contingency plans dictate that you do not have to pay your lawyer unless the case is decided in your favor. This method will allow you skip the initial costs, meaning it is easier to get a good lawyer.

It is best to avoid giving a statement about your injury to your insurance provider without first meeting with an attorney. Sometimes insurance adjusters will request a statement or some information, only to use it against you during your case. Speak with your lawyer prior to communicating with your insurance company, and never give anything in writing.

A personal injury case might take years to work itself out, but it can give you money for your medical bills and other issues. It is hoped that you now have the knowledge to commence a lawsuit and follow it through to the end. It can help both you and others.…

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Attorney At Law

Personal Injury Advice Everyone Should Know About

What should you do when filing a personal injury suit against another person? The very thought of it can be extremely confusing and overwhelming. You don’t have to worry about this, though. Throughout the article below, you will learn about a lot of great tips you should use in the event of a personal injury. Use the tips here to help you prevail.

It is important to make your accident report as detailed as possible. Explain every physical problem, be it a cut or a broken arm. Remember to include the issues that arise later on. You also need to think about anything that has to do with the mental side of things.

Look into how big the firm is prior to employing them. If your suit is a large one, it is sometimes beneficial to have a larger firm helping you out. If you only have a small case, then a single lawyer will do just fine.

For a personal injury case, only hire lawyers who are experienced in personal injury! While this may appear obvious, many people think all lawyers are the same. However, all lawyers are not created equally. It is crucial that you find one who is knowledgeable about personal injury law and has actual experience in dealing with it. Using a lawyer that does not specialize in personal injury can lead to a defeat.

You must be aware of the guilty party’s policies if you are attending to an injury claim by yourself. You just might even make a claim against multiple policies. If you aren’t able to get this information, you may have to get an affidavit.

Don’t be a procrastinator. If you wait too long, it may be too late. Talk to a lawyer right away.

Bring all your documents when you are going to your consultation meetings with various lawyers. This may include insurance company correspondence, police reports, medical records and bills. This paperwork will be helpful in making your case clear to prospective personal injury attorneys.

Many people experience back pain regularly. If your back hurts, you could use an ice pack or a heating pad for relief. Make sure not to strain it anymore and cause further damages. Medicines such as ibuprofen may also help ease the pain.

Just because you hire a lawyer doesn’t mean you should prepare for a quick and easy payday. It takes patience to get through this lengthy process. It can even be years, especially if you reside in a large urban area. Know this up front so you aren’t surprised down the road.

Ask any prospective lawyer if he has experiences with cases like yours. This is a simple way to figure out if they’re right or not. If they are not experienced in your particular type of case, you should consider another attorney.

This article is here to help you come out victorious in your personal injury lawsuit. This means that you should use what was presented above to help you achieve your goals. Read through them carefully, take what you need and leave the rest. If you do that, you are going to find that your suit goes much more easily in your favor.…