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  • Drop in for family law advice

    Making specialist family law advice and services available to people when they need it is of vital importance to us at Woolley & Co and we are always looking for new ways to extend our cover even further - and let people know about it. Next week, we are trying something new again to push this access further. Lisa Smith, our Bedfordshire-based family lawyer, will be hosting two drop-in family law advice sessions at Bedford Business Club. The free advice sessions at the venue in Ampthill Road, Kempston Hardwick, Bedford, Bedfordshire, MK45 3JE, will be open to anyone wanting to call in without an appointment to discuss family law issues affecting them. This could be anything from questions about the process of divorce and separation, or for anyone worried about their children when their relationship breaks down, to wanting a better understanding of how assets may be divided on divorce. The sessions, on Saturday 25th and Wednesday 29th February, will be held outside of normal business hours - 10am to 5pm on the Saturday and 6pm to 10pm on the Wednesday - giving people the chance to call in at leisure when they do not need to worry about getting back to work. We have always tried to tailor our service to fit around clients. If that means calling them in the evening, then we can accommodate that, for instance. Our senior level solicitors work from home offices, covering different parts of England and Wales, so are flexible. This to me is a no-brainer if you want to offer high quality customer service in the 21st Century. It is unfortunate that many other sectors do not follow the same thinking - and many in the legal sector would see this as alien also. We hope the family law advice sessions prove popular and that other service providers pick up on the idea of improving customer service, whether that is through offering additional face-to-face contact out of hours or simply having a customer service phone line manned by real people. Andrew Woolley Family solicitor Drop in family law advice sessions Bedford Business Club Ampthill Road, Kempston Hardwick, Bedford, Bedfordshire, MK45 3JE Saturday 25th February 2012 10am - 5pm Wednesday 29th February 2012 6pm - 10pm

  • Divorcing in a Volatile Economic Market

    In uncertain times, dividing the matrimonial pie is more than slicing equal pieces For couples contemplating a divorce, the volatility in the financial and real estate markets has created an impediment that has left many questioning how they will achieve … Continue reading →

  • Grounds for Annulment in Texas: Under Influence of Alcohol or Narcotics

    A marriage may be annulled if, at the time of the marriage, the person seeking the annulment was under the influence of alcohol or narcotics and did not have the capacity to consent to the marriage. However, it is important to note that, the person seeking the annulment cannot have voluntarily lived with the other person to the marriage since the effects of the alcohol or narcotics ended. So a person regretting a marriage six weeks after the fact cannot claim that he or she was intoxicated and seek an annulment if they have been living together since the marriage. References: Texas Family Code 6.105 Article by Sarah F. Berry, Attorney

  • Adultery and Divorce in Jacksonville Florida

    Florida is a "no fault" divorce state. This means that either spouse may seek a divorce without showing cause for the desired separation. The spouse seeking a divorce has the option to simply claim the marriage is "irretrievably broken." Generally, Jacksonville Florida courts are not concerned with which party played the greater role in causing the divorce. As a Jacksonville Divorce Attorney, I am often asked how a cheating spouse factors into a divorce in Florida. While adulterous conduct does not factor into the courts decision to grant a divorce, it can impact other important issues raised in a divorce. In child custody battles, a court considers the "moral fitness" of a parent seeking custody. Evidence of adulterous conduct can lower a partys level of "moral fitness," and decrease his or her chances of receiving custody. However, it is not an absolute bar to child custody. Often times, a larger impact will be whether the adultery had an adverse impact on the child. Additionally, Florida Law stipulates that adultery is a factor to be considered in determining the amount of alimony awarded. In short, a higher frequency of adulterous conduct by a cheating spouse can lead to a larger amount of alimony he or she will have to pay. If you are contemplating a divorce in Jacksonville, Florida or have concerns about the impact of adulterous behavior on your divorce, contact a Florida Divorce Attorney today!

  • Back to Marriage

    From the Huffington Post, an article authored by June Carbone and Naomi Cahn: As we celebrated Valentines Day this week we should be aware that underlying the many stories on the changing nature of marriage and relationships is a central...

  • If I Was Charged With Possession Of Drugs When I Got Pulled Over, Will That Stay On My Driving ...

    Yes, if you are pulled over and the officer finds a drugs or drug paraphernalia in your vehicle, this charge of possession will stay on your driving record permanently. Unless you hire an experienced lawyer to negotiate some sort of deal with the prosecuting attorney to get the drug charges reduced to a lesser charge. Because if you simply pay the fine and associated costs, then this infraction will stay on your record permanently. There are a few driving-related convictions that stay on your record permanently, such as a drug- or alcohol-related offense, DUI/DWI, driving without insurance, driving without a license, or driving on a suspended or revoked license, to name a few. Having such convictions on your permanent record can have a very negative effect on your future. Whenever you apply for a job, or fill out a rental application, or even request a line of credit from the bank, you may very well be asked if you have ever been convicted of one of the offenses listed above. And this can have a measurable impact on whether or not you get the job or the apartment. But an experienced attorney can help you tremendously in this kind of situation. Lets say you are pulled over for speeding. Once the police officer begins to write the ticket, he notices a bag of marijuana or a pipe. Not only do you get a ticket for driving in excess of the posted limits, you could also be arrested for drug and/or drug paraphernalia possession. But as mentioned above, your lawyer can work with the prosecutor to get the charges lowered to a lesser offense, for both the drugs (down to something like littering) and the speeding ticket (down to some sort of non-moving violation like excess noise). Making sure that these infractions are amended to a lower charge is not only a good idea for your future, it can save you quite a bit of hassle and headache in the short term as well. If you have already plead guilty to the charges, and paid the associated fines, it is still a possibility for an attorney to file a motion with the court to have your plea withdrawn. If the court allows this to happen, your lawyer can at that point negotiate with the prosecutor to get the charges reduced. The affordable St. Louis traffic ticket and criminal defense lawyers at Brinkman & Alter, LLC have been assisting people with their traffic and criminal issues for years. Our goal is to achieve the best possible outcome for you, so that you will have the cleanest record possible. The initial consultation is free of charge, so call today to learn more.

  • Legitimation and due process in Georgia

    The Georgia Court of Appeals recently affirmed the grant of a petition for legitimation over the mothers appeal. Murray v. Hooks, A11A1824 (2012). In that case, the father filed a petition for legitimation and was awarded temporary custody due to the mothers incarceration. Id. at 1-2. A few months later, after a hearing that the mother failed to attend, the trial court entered a final order of legitimation and awarded custody to the father. Id. The trial court subsequently granted the mothers motion to vacate the final order and scheduled a bench trial in the case. Both parties appeared at the trial where the trial court awarded joint legal custody, with primary custody to the father and visitation to the mother. Id. The mother appealed, alleging "the trial court erred in its custody award and violated her due process rights by failing to provide her an adequate opportunity to be heard." Id. at 1. The Georgia Court of Appeals affirmed, noting that the mother received adequate notice of the trial and the trial courts final order indicated that she attended the trial. Id. at 3. Though there was no transcript included in the record, the Court noted that"[i]n the absence of a transcript, we must assume the trial courts findings were supported by evidence presented, and the actions taken by the trial court during the hearing were appropriate." Id. at 3, citations and punctuation omitted. The Court further pointed out that there were no due process violations based on the courts prior hearings held in the mothers absence because the original final order was vacated and the temporary order was replaced by the order coming from the trial, which she did attend. Id. at 3-4.

  • Orange County Divorce: Childrens Surnames

    On occasion, the court in a Los Angeles County or Orange County divorce action may be called upon to decide the surname to be given to a minor child. The specific issue may be either (1) the name to be used by the child initially (and the name to be listed on the childs birth certificate) or (2) whether to change a previously given name. Whether the issue arises at birth or at some subsequent time, the question is to be decided according to the childs best interest. Marriage of Douglass (1988) 205 CA3d 1046, 1054. Among the factors the court might consider in determining what surname is in the childs best inteerest are as follows: 1. The length of time the child has used a particular name; 2. The nature of the childs relationships with his or her respective parents, 3. The effect of any proposed name on those relationships; 4. The childs need to identify a particular family unit through the use of a common name. Marriage of Shiffman (1980) 28 C3d 640, 647. For more information on chaning the childs name or if you wish to file a divorce action in Los Angeles or Orange County, contact an Orange County divorce lawyer for more information.

  • Can I Get Out Of A Traffic Ticket That I Have Already Plead Guilty To?

    Yes, in some circumstances you can. By doing so, you will save quite a bit of future hassle, time, and money, as you will avoid things like increases of your automobile insurance and revocation of your driving license. Hiring an experienced attorney can help in this endeavor tremendously. When you get pulled over for a traffic violation (like speeding, lane change violation, driving without proof of insurance, etc.) you will almost certainly be issued a citation. This citation (i.e. ticket) can be handled by your simply signing the back of the document and paying the associated fine to the proper court. Doing so will take care of the ticket itself and avoid you having to go to court (or deal with a warrant for not paying the fine). But the problem with this option is that for every time you plead guilty to a speeding ticket in Missouri, a certain number of points are assessed against your driving record. Points are like strikes against your record that can have a negative impact on your license. If enough points accumulate over a period of time, you can actually have your drivers license suspended or revoked. So if your license was suspended or revoked because of too many points on driving record, a knowledgeable lawyer can file a motion with the court to have the original plea of guilty withdrawn. Once the plea is successfully withdrawn, your attorney can then negotiate with the prosecutor to have the speeding ticket reduced to a non-moving violation. This in turn would allow the attorney to have the points removed from your record, and get the suspension lifted. Of course, this sounds pretty straightforward and easy. But as the saying goes, Not all attorneys are created equal. Meaning, you would be well-suited to hire a firm that deals with and thoroughly understands how the area of traffic tickets in St. Louis works. Not every lawyer is as adept at handling these matters, so it makes a big difference in who you choose. The affordable St. Louis traffic ticket defense attorneys at Brinkman & Alter, LLC have been making sure our clients records are clean for years. We want to see to it that you are able to keep driving without fear so that you can continue to get to work, school, or wherever. The initial consultation is free of charge. And most of the information we would need from you can be taken over the phone. So call today to learn more about how to beat back the tickets that have been plaguing you!!

  • Z (A child): Relocation after MK v CK

    Z (A child) [2012] EWHC 139 (Fam) is, to my knowledge, the first reported relocation case since MK v CK [2011] EWCA Civ 793. To briefly recap, in MK v CK it was made clear that the only principle to be drawn from Payne v Payne [2001] 1 FLR 1052 - which had skewed relocation decisions for ten years - was the paramountcy principle - everything else was guidance. Returning to Z (A child) : The facts: This case comes with a lot of baggage, primarily related to the father wrongfully retaining the child in Belgium. Whilst this does have a bearing upon Mrs Justice Pauffleys decision, it is not central, and I shall therefore concentrate on the essential facts, which can be stated briefly: 1. The child Z was born in December 2005, and is therefore now aged six. 2. That month, the parents married in Australia. 3. The family relocated to Belgium in March 2006, although by the autumn of 2007 they lived in London, Belgium and Belfast. 4. In January 2008, the mother began divorce proceedings in London, and shortly thereafter applied for residence and permission to relocate to Australia, where all of her family reside. 5. The mother proposed contact via Skype and direct supervised contact in England and Australia, on dates to be arranged. 6. The father, who resides in his home country of Belgium, opposed the application and sought shared residence (which he later conceded was not a logical possibility), but neither appeared nor was represented in court, erroneously claiming that he would be at risk of some criminal or civil sanction were he to come to this country. The father also requested that Mrs Justice Pauffley be recused for alleged bias, and that the case be adjourned so that he could take part by video link. I will not deal with these requests in detail, save to say that they were both refused. Held: Mrs Justice Pauffley decided (at paragraph 49), "without hesitation, that Zs welfare needs would be most appropriately satisfied by a residence order in favour of the mother", saying (at paragraph 52) that: "The notion that Z should be removed from her mother and placed with her father in Belgium is unthinkable." She then set out the law on relocation, in the light of MK v CK, at paragraph 53, i.e. simply that Zs welfare was her paramount consideration. Having done that, she set out the mothers motivation and practical proposals, at paragraphs 54 to 61, concluding that: "the mother does not seek this move so as to defeat the relationship Z has with her father or for any other sinister or selfish reason" (paragraph 60) and that her proposals were: "thoroughly well-developed and properly detailed" (paragraph 61). Turning to the fathers opposition, Mrs Justice Pauffley found (at paragraph 66) that: "the mother who is already and understandably in a fragile state would be utterly shattered by a refusal of her application". She then considered the other welfare factors, finding (at paragraph 70): "that the father is more focussed upon his own selfish needs that those of his daughter", that "very considerable harm" had been caused by the father abducting Z to Belgium (paragraph 71) and, as to the likely effect upon Z of the proposed change in her circumstances, that "the most beneficial effect of the change for Z will be the relaxing and emotionally secure surroundings created for her by the maternal family", the impact of which for the mother and also for Z "cannot be overstated" (paragraphs 72 and 73). In the circumstances, Mrs Justice Pauffley was in "in no doubt as to where and with whom Zs best interests lie", and accordingly both of the mothers applications succeeded (paragraph 74). Interestingly, so as to avoid any possibility of future argument about jurisdiction, she declared that Z would become habitually resident in Australia six weeks after her arrival there, and that until the Australian court becomes the sole jurisdiction for deciding welfare issues, the English court would retain its authority.

  • Qualified Domestic Relations Orders (QDRO) for Division of New Mexico Community Retirement Accounts

    In a New Mexico divorce, the parties must divide property and debt. One very important area of asset division is the division of retirement accounts. A Qualified Domestic Relations Order (QDRO) is a special form of court order that is issued during a divorce proceeding for the purpose of dividing retirement benefits. Under New Mexicos community property laws, each spouse is entitled to 50% of the retirement benefits earned by the other spouse during the marriage. There are a variety of retirement plans that must be divided. The QDRO deals with several of these including pension plans and 401(k) plans. There are some that are not addressed by a QDRO. It is important to identify and classify all plans and account for them in the legally appropriate manner. To start, the parties must identify each and every retirement plan that accrued during the marriage. The parties need to then determine the value of the retirement benefits at issue. Under the community property laws of New Mexico, only that portion of the retirement plan, or any other asset for that matter, that accrued during the marriage is considered community property and divisible as such. Although one would think that the valuation and division of retirement accounts would be a rather clear-cut calculation, the division is often fiercely contested. Often experts such as CPAs and actuaries are required to assist in the valuation. On occasion, the valuation question will become a battle of the experts. On the one hand, making an initial determination of values of 401(k) accounts can be pretty straightforward because they contain a clearly-identified amount of money. On the other hand, the value of pension plans can vary to a great degree depending on among other things how old the spouse is at the time of retirement and how much money the spouse is making when he or she retires. Other accounts such as defined benefit plans raise their own challenges. After the value of a retirement plan has been calculated, the parties (or the court) must also figure out how and when the benefits will be dispersed. When it comes to certain 401(k) plans, the parties may be able to simply split the account at the time of divorce. In the case of other pension plans, however, neither party can receive their share of the plan until the working spouse actually retires As with all family law matters, the division of retirement accounts can be accomplished through cooperation and compromise. Or it can be done through long, expensive and high conflict litigation. Though there will often be honest differences of opinion, these differences can generally be worked out through compromise. Either way, it generally helpful to have the counsel of an experienced divorce attorney. Collins & Collins, P.C. Albuquerque Attorneys DISCLAIMER

  • Country Songs We Wished Wed Written

    When I Get It by Craig Campbell My ex-wifes at the door a-knockin Lord that woman wont leave me alone Same question, wheres my money Well, honey, you cant get blood from a stone When I get it, you get it Times are tough, get in line and wait When I get it, you get it And thats all youre gettin today, yeah.

  • Father in Military Awarded Custody; Visitation Reduced due to Long Drive Time

    Oftentimes a parent in the military is fighting an uphill battle to gain custody of a child. The primary reason is the possibility of deployment at virtually any time. Judges are concerned about the stability of the childs environment when the possibility of deployment is ever present. In this New York case, the military-father was awarded custody AND was allowed to relocate. And the court cites what I have always thought was a good argument (but was routinely ignored), and that is that the "fathers choice to remain in the military provided him with stability in employment during turbulent economic times, as well as benefits including health insurance for his family…" Now, it should be noted that this father worked regular daytime hours which permitted him to be at home with the child in the evenings and on weekends. This father was also married and the court noted that the marriage was stable and there were two other children in the home. This stable home-life environment was obviously a factor in the courts decision. Still, this seems to be a solid decision by the court and is well worth considering in the realm of military custody cases. Another aspect of this courts decision is that the visitation was modified due to the long drive (5 hours) that the child had to endure for visitation. Visitation was reduced to one weekend per month. THIS MAKES TOTAL SENSE. Many judges are reluctant to deviate from their "standard order" and it can be maddening for attorneys trying to get some relief for their clients. Judges need to look at these cases on a case-by-case basis. The standard order is not always the best order.

  • HELP! CPS wants me to sign a Child Safety and Evaluation Plan.

    HELP! CPS wants me to sign a Child Safety and Evaluation Plan. Imagine the following scenario: Your son is sick with a severe cough and flu like symptoms. You take him to the doctors office, which then refers you to the childrens hospital because it looks to them like your child might have pneumonia. You want to do anything you can to help your child and so you rush them to the hospital. Your child is taken in for a chest x-ray, and within the hour you are asked by a person identifying herself as a child abuse doctor to come with her to answer a few questions. This abuse doctor tells you she works at the hospital and has looked at your childs x-rays, and that your child has broken ribs. The abuse doctor asks you how they were broken. You tell her you do not know. The doctor says that your son is too young to have done this to himself, so you must explain how this child was injured. You have no answer. The doctor calls it abuse and notifies Child Protective Services (CPS) who shows up within the hour. CPS tells you that you either sign a Child Safety and Evaluation Plan, or they will take your son and put him in foster care. CPS tells you it is not a good idea to call a lawyer, and will only look bad for you if you do. CPS tells you, if you sign this document they will allow your son to stay at your parents house and this will all last only a month, while they investigate the case. You are scared and cannot imagine your child being placed in foster care, so you sign the document. Now you officially have CPS in your life indefinitely. This is a very real scenario that plays out every day in and around the Houston area. I have been handling CPS cases for well over a decade, and have heard hundreds of these types of stories about how people were pressured to sign the "Voluntary" Safety Plans in order to keep their kids out of foster care. What CPS does not tell you is that if they take your child from you, they have a very high burden to explain to the judge about why they took the child without asking the judge first. So what happens after you sign this document? First let me say that CPS loves to use these "Safety" plans. Although CPS usually writes on them they are only good for a month, CPS will actually expect you to follow them for much longer. You have to pay attention to the language that states that by signing this agreement, the parents agree to complete all services listed on the plan. The services that CPS recommends will almost never be able to be completed in the month time frame that is initially explained to the parents. I have had clients come to me in desperation after 6 months have passed and they have cooperated fully, and yet CPS still has not returned their child to them under these plans. The reason CPS prefers to use these plans is because CPS are the only ones that can modify or terminate them. They control all the terms of the plan and the end date. CPS tries to use the threat of going to court to coerce you to sign it, but what they do not tell you is that court is the BEST place you can go. If you are in court, armed with an experienced lawyer, you get put CPS on trial as to why they are keeping you from your child. You get to make the CPS caseworker and the supervisor answer all of your questions. You get to have a judge listen to both sides of the story and determine who is right. CPS will not tell you that their burden in court to keep your kids away from you is very high. CPS does not want your case in court; they do not want you questioning their tactics or their plans. CPS wants you to sign the "Safety Plan." CPS law is a very specific area of the law. Just because a lawyer practices family law, or is even Board Certified in family law, does not mean they know how to fight your CPS case. When you are hiring a CPS lawyer, you need to know whether your lawyer is familiar with Texas Family Code section 262.201. If you ask a potential attorney what this code provision is, and they cannot immediately tell you what that section covers and how you can use it to beat CPS, they are not well versed in defending a CPS case. I take great pride in defending people wrongfully accused of abusing their children all over the State of Texas. I also have been very successful in not only having children returned to their parents, but also having CPS punished when they break the law. You can read about my results in the Miller case here. If you have been called down to speak with CPS at their office or presented with a Child Safety and Evaluation Plan to sign and want to hire an exoerienced and successful Houston Texas CPS defense attorney, please call or email me As Soon As Possible so I can begin helping you immediately. Dennis

  • 2012: a good year for giving.

    As we have seen uncle Nils has given $500,000 of his assets to a new trust for relatives, placing Lars in charge of it as trustee. This is a good year for Nils to make the gift, due to many factors. The most obvious, to Nils and Lars, is that the Federal exemption for making gifts (without paying gift tax) was increased from $1 million to $5 million for years 2011 and 2012. This law is to be revisited in 2013 and we dont know what Congress will do then.

  • NJ assembly passes

    NJ assembly passes gay marriage bill: veto likely http://ow.ly/97uYZ Stephen Page, Harrington Family Lawyers, Brisbane spage@harringtonfamilylawyers.com 61(7) 3221 9544

  • How to Choose Divorce Lawyers in Georgia

    Going through a divorce can be taxing both emotionally and mentally. Marital separation is hard on everyone in the family, especially if there are children involved. No matter what the reason is that lead you to this decision, the first and most crucial step is to find the right divorce attorney to represent you. Step 1: Count on Your Family and Friends With the high divorce rates in the US, odds are you probably have had a family member or a close friend who went through a divorce. The first step is to ask them how they handled their divorce, if they have any words of advice, or if they have any recommended divorce lawyers in mind. Though you may wish to keep your affairs private, count on your friends and family; they will most likely provide you with the most honest and helpful advice. Step 2: Realizing Your Needs Before picking out the right attorney to represent you, you should ask yourself how do you want the divorce to be handled. Did you and your partner have a friendly mutual agreement on the divorce? Or is it a one-sided and messy divorce? Either way, you want to pick out a divorce attorney that is catered to your needs. Also ask yourself what your personal preferences are. Perhaps you have a preference in regards to gender, age, personality, and so forth. It is perfectly reasonable to have these preferences as it is ideal to have someone representing you who best understands your situation. Step 3: Do Some Research Often times, depending on the county you live in, there are specific referral programs for divorce attorneys. They will help you find the right lawyer to represent your case. Also it is a good idea to browse through the web or through Yellow Pages to familiarize yourself with the different attorney firms in your area. Step 4: Budgeting Before picking out any attorney, you want to know what kind of a budget you are working with. Depending on the firm, the individual attorney, and how specialized they are, rates for certain attorneys may be steep. Again, ask yourself what you hope to get of the divorce and hire an attorney that will be able to help you achieve it. Step 5: Ask Questions During the process of finding the right divorce attorney, take advantage of the free consultations that some firms may provide. During the session, bring a list of key questions to ask. Questions such as how many years of experience they have had, what types of clients they have dealt with in the past, how much experience they have with the judges that are going to be present during your case, and so forth. Remember there are no "dumb" questions to ask. It is always better to be over informed than to be under informed. ***For more information specific to divorce lawyers in Alpharetta GA or divorce lawyers in Georgia.