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When Contracts Result In Disputes

Most people enter into a contract with good intentions, and hope that it will all work out as planned. But unfortunately, even with risks considered and precautions taken, disputes between parties can happen. There are many reasons why a contract may fall through, such as breach of duty, non-compliance, contract error or omission, negligence, failure to fulfill terms, and more. When one or more parties do not agree on the definitions, responsibilities, and conditions contained in a contract, it may be contested in court. The parties may attempt to resolve the issue amongst themselves, but when that is not possible, they may have to attend court over the matter instead. 

The agreement wasn’t well written from the start.

Ideally, it’s best to have a lawyer help you devise a contract, or at least review it before all parties provide a signature. Otherwise, you could find yourself with a contract that causes plenty of problems, and actually becomes unenforceable. For instance, you may have a contract that uses too vague of language, to where it’s not possible to tell who is responsible for what. A contract that leaves too much room for interpretation can cause the parties to not fully understand what their terms are in the agreement. It also makes it easier for one party to avoid holding up their end of the bargain by developing excuses because of the contract inclarity. 

Someone breached their end of the contract.
Despite everyone having the best of intentions at the start of a contract creation, people breach their terms all the time, and they may not come forward and admit it outright. This can leave the other parties in the contract trying to demonstrate where, how, and when a contract was breached. A party may not realize that they have broken the contract, but in other cases, the breach is willful and intentional. EIther way, there’s not much that can be done besides fighting over the breach if one party is set on being uncooperative, in which a dispute ultimately begins.

A non-written agreement was made.
Depending on the state you live in, you can create an implied or verbal contract. Sometimes you may not realize that an implication of an agreement was made, even if you did not acknowledge that there is one. For instance, maybe you sent emails back and forth between you and another party. This can create an implied contract due to the pattern of dealings that was exchanged in the conversation. If one party ignores this agreement or breaches their side, then it has to be proven that a contract, albeit unwritten, existed. As a contract dispute lawyer Connecticut residents trust at Eric Lindh Foster Law, LLC explains, not all verbal or implied agreements are enforceable, but this is an issue that is best handled with guidance from a lawyer. 

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Tips For Preparing Your Children For Divorce

Going through a divorce in any scenario can be extremely stressful. You were with the person you thought you would spend the rest of your life with and suddenly you are splitting up your dinner sets and deciding who will get to keep the house. However, divorce can be significantly more complicated when you share children and need to determine who gets custody. Something else that can make this harder is knowing the right way to talk about your divorce with your children. The way you decide to talk with them will depend on how certain things will get divided up and how old your children are. When you begin working with a lawyer for your divorce, they may be helpful in bringing up different ways to talk about the separation and divorce with your children.

 

Top Tips For Parenting Your Children Through Divorce

 

It can be difficult to know how to tell anyone you are getting a divorce, let alone the children you share with your spouse. However, a lawyer, like a family lawyer in Tampa, FL from a law firm like The McKinney Law Group knows that there are a few ways that will help your children come to terms with what is happening. 

 

  • Practice makes perfect. When you are talking with your kids, you want to know what you are going to say ahead of time. You do not want to blurt out what is happening in anger (at your spouse) and you do not want to give them too much information. If your divorce is amicable enough, you may want to discuss this with your spouse and sit down with your kids together. Make notes on what you want to say and come up with answers to questions they may ask. 
  • Prepare for an array of reactions. Your kids may give you many different reactions to this news, ranging from indifference to anger. Your younger kids may not fully understand what is going on while older children may immediately take sides or need time to process. Whatever the situation is, make sure they have a safe space to come to terms with their emotions as they learn what their new lives may look like. 
  • Consider waiting to talk until the divorce is finalized. Bringing your children into adult arguments is unwise. Many relationships go through good and bad times and threatening your spouse with divorce (or vice versa) in front of your kids can only do more harm than good. It is best to wait until you and your spouse have agreed that this is the best next step for your family and you are moving forward with the legal process. 
  • Make sure they know they are not responsible. Many kids grow up thinking that they are the ones who are responsible for their parents’ divorce. It is a good decision to remind them that this is not the truth, that you love them, and that this will be the best thing for your family. 

 

If you are preparing to go through a divorce and you have children, reach out to a law firm you can trust to help you with the legal process and help you understand how to proceed with your kids. 

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Which Bankruptcy Type Should Be Chosen?

Bankruptcy 

For a lot of people, there is quite a bit of confusion surrounding bankruptcy and what it really means. There is also confusion about which type of bankruptcy is right for people. It’s important to understand that bankruptcy can be filed by both individuals and by companies or other organizations. Bankruptcy serves as a way for companies or individuals that are unable to pay their debts a way to get past this. Filing for bankruptcy, in many cases, either see assets sold off to pay off debts or a repayment plan established to repay debts. Let’s take a look at the different types of bankruptcies and who should for which one according to a chapter 7 bankruptcy lawyer Tampa, FL from Carolyn Secor, P.A.

Which Bankruptcy is For Who?

There are 2 different bankruptcy types that are filed by individuals that go by the name of Chapter 7 and Chapter 13. Chapter 7 and Chapter 13 bankruptcy are both filed by individuals but have a key difference that separates them. Chapter 7 is the ‘liquidation’ bankruptcy where individuals sell off assets to repay debts. They generally are able to keep things that they primarily need like a car or a house but this is not always the case. Chapter 13 differs from chapter 7 in that the debtor is placed on a 3-5 year debt repayment plan that is established with creditors. A certain monthly amount will be found that the person can repay that is based on their income and other factors.

Other Types of Bankruptcy

There are 3 other types of bankruptcy that are used by companies, local governments, or other organizations. A Chapter 9 bankruptcy is filed by municipalities in financial trouble. This could be for cities, school districts, townships, or counties and has them work with creditors to have a repayment plan established. Chapter 12 is used by fishermen and Farmers. They can keep their assets without having to liquidate them but are placed on a repayment plan by creditors with certain stipulations. Chapter 11 is used by companies and other organizations to reorganize and restructure the company’s debt and finances. They can continue operating but must follow the rulings and guidelines of the repayment plan laid out by creditors.

Are There Negative Aspects of Filing For Bankruptcy?

There are certain negative consequences that may arise from going into bankruptcy. If a major company has to file for chapter 11, then the associated fees with filing for this type may be quite high. Individuals filing for bankruptcy will have a hard time being approved for a loan and if they do get approved for a loan, they will be hit with a quite high APR. Other negative consequences may also occur like certain creditors continuing to bother debtors over repayment for years. For assistance with bankruptcy-related matters or to learn more about how a professional can help, consider reaching out to a lawyer for help.

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Are You Headed For A Divorce? Here’s How You Can Tell…

Find A Divorce Lawyer

Nobody wants a divorce to take them by surprise. Unfortunately, many people completely ignore the red flags that could give them some much-needed time to prepare for the worst. Of course, you can’t see those red flags unless you know what to watch out for in the first place.

If you think you need to find a divorce lawyer, you need to know the warning signs of divorce. Fortunately, our friends at the Winfrey Law Firm, PLLC have shed some light on what to look out for. If your marriage is on the rocks, here’s how you can tell there might be a major problem on the horizon…

  • You Just Aren’t Talking Anymore.

You’ve heard it a million times before, but communication is the key to every successful relationship. If you and your spouse have completely cut off contact with each other – whether it’s because you’re just tired of arguing all the time or whether it’s because you just aren’t interested in hearing from each other – your marriage might be in for some trouble.

  • You’re Lacking Intimacy.

Love and sex are an important part of every marriage. If you and your spouse have lost that special spark, it’s up to you to work together to rekindle it. Otherwise, either you or your spouse might start feeling unfulfilled, and this can lead to some toxic thinking further down the line.

  • You’re Considering an Affair.

A lack of intimacy is a warning sign, and it can lead to an even more severe hint that your relationship is troubled. If you give serious thought to the prospect of an extramarital affair – if you’re really thinking of having an affair with someone else – it’s not a healthy mindset to have if you’re already married. It’s hard to tell whether your spouse feels the same way, but if you’re considering an affair, you need to recognize that it could be because your marriage is unsatisfying.

  • You’re Fighting All the Time.

Arguing is a part of every relationship, but there’s a difference between a “healthy amount” of disagreement and “just fighting all the time”. If you and your spouse can’t go a day without arguing – and your arguments go well beyond simple disagreement – there could be something else going on beneath the surface.

  • You Can’t Stand the Sight of Each Other.

It sounds dramatic, and it really is. But if you and your significant other suddenly can’t stand being in the same room with one another, it’s one of the most serious signs that a divorce is coming. It’s not healthy to feel disgust whenever you see your spouse, and if every little thing he or she does makes you resent them even more, it’s a sure sign that your marriage needs work.

Don’t Get Caught By Surprise

Knowing the warning signs of divorce can give you some much-needed time to prepare accordingly. Every divorce is a painful, expensive process, but with the help of the right lawyer on your side, you can make your divorce go just a bit more smoothly.

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Why Do I Need A Lawyer For Business Contracts?

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Starting your own business is an exciting time, but it can also sometimes feel overwhelming with all the decisions you need to make. It is also important to ensure that you put all the safeguards in place to protect your business legally and financially. Failure to have skilled legal representation overseeing all contracts and other legal documents that involve your business can end up resulting in not only needing a breach of contract lawyer but also causing significant damage to your business.

Fortunately, by consulting with a business lawyer, you can greatly increase your chances for success and limit any legal liability.

Choosing the Correct Business Structure

When you are forming your business, one of the most critical decisions is choosing a structure that will provide limit any personal liability should issues come up. However, it is also important to look at other factors that may come up in the future that the structure you have chosen can impact, especially if investors are something you will be actively pursuing in the future.

Intellectual Property Issues

One of the most valuable assets of your business is the product or service you will be offering. For many companies first starting out, this asset is often just in the “idea” stages. This is usually referred to as a company’s “intellectual property.” It is crucial to take the legal steps to protect your intellectual property, otherwise, someone can come along and steal them and you would have no legal recourse.

Protection for a company’s intellectual property is done through copyrights, patents, trademarks, and more. Some people try to go through this process with legal help, which often turns into a legal nightmare for them. This is a very complicated process and one seemingly minor mistake can end up in expensive litigation or even the loss of your intellectual property.

Contracts

Most businesses use contracts as an essential tool when it comes to the service or products they offer, as well as contracts for services or products they may need from other companies. No matter what the reason for entering into the contract is, keep in mind that this agreement – whether written or verbal – is legally binding. This is why you should always have a lawyer assist in drafting and/or reviewing any contacts you are considering entering into.

Contact a Business Law Firm

Always have a lawyer look over any contract you are considering signing. Your attorney will make sure that your company’s best interests are protected. If you are dealing with a contract issue, contact an experienced attorney, like a Des Moines IA breach of contract lawyer from the Law Group of Iowa.

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Why Talk to a Divorce Lawyer 

Why Talk to a Divorce Lawyer 

Talking to a divorce lawyer early on is critical if you have any kind of questions about divorce. A skilled divorce lawyer understands the situation that you are going through. Doing what is best for yourself and family is not easy, and unfortunately divorce may be the choice that you must make. It can be hard to know what to expect from the divorce process unless you talk to a trusted lawyer. Here are some of the many reasons why you should talk to the lawyer right away if you are considering divorce or are looking to explore alternatives to it.

Receive Constant Legal Advice

An experienced divorce lawyer can give you advice whenever you need it. They can explain the complex divorce laws to you and how they are relevant to your specific situation. A divorce lawyer will always be there to support you so that you are making the most informed and appropriate decision for you and your family’s best interests. 

Get Help With Paperwork

Divorce involves going through a lot of legal paperwork.  This part of the process can be tough to sort out because of the volume of documents that you have to fill out and submit. A qualified and competent divorce lawyer like one at Robinson & Hadeed can help you organize your legal forms and make sure that they are filled out correctly. They are aware of the deadlines that you need to be mindful of so that you do not submit anything late. You can have them check your form for accuracy before you can submit them before the deadline.

They Will Help You Stay Focused 

Staying objective while you are going through divorce is a challenge for many couples. You may feel tempted to take actions that are purely based on getting back at your ex for their decisions, or the ways that they have wronged you. However, a divorce should be finalized as smoothly as possible without any complications, especially if you have children. A divorce lawyer will help you stay focused and impartial throughout the entire process. 

Going through a difficult legal issue affecting your family such as divorce is never easy. Even if you are in the early stages of your decision making it is a challenging experience to go through. However, speaking with a trusted and experienced lawyer can shed light on your situation. For more information, schedule an appointment with a top-rated divorce lawyer as soon as possible.  

 

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The Top Five Tips For Finding A Family Lawyer

Families are not always the best of people, and sometimes the worst comes out when one or both parties decide to go through a divorce or other family law issue with a family law lawyer in Gig Harbor, WA. Family law matters tend to be highly charged emotionally, so it’s important to choose the right lawyer to help you with your case. Here are five tips for finding a family law lawyer from our friends at Robinson & Hadeed that will help you find an attorney who fits all of your needs and can get you the results you want from your divorce case or another family law matter.

 

Ask for Recommendations

One of your most valuable resources is other people who have successfully hired lawyers in your area. So start by asking everyone you know — friends, colleagues, and family members — if they can refer you to an excellent lawyer. Make sure that the person knows exactly what type of law you need so that he or she can recommend someone appropriately. If possible, find out whether the person was happy with their experience with the lawyer’s service, attitude, knowledge and skill level.

 

Interview Multiple Lawyers

Before settling on one lawyer, it’s important to meet with and interview at least three or four lawyers. While it might seem like a lot of time to spend meeting with each lawyer, you have every right to do so — and you should. You have your entire future riding on your decision here: if you hire an attorney who is inexperienced in family law and doesn’t understand your needs, it could cost you thousands of dollars over time. It can be hard to tell how well you’ll get along with a prospective lawyer during your first meeting, but if they don’t make you feel comfortable enough that they will represent you well in court, don’t waste any more time with them.

 

Take Notes and Compare Them

When you sit down to interview potential lawyers, the best thing you can do is take notes. Write down all the things that they say and compare those to the ones you’ve interviewed before them. A lawyer who sounds like a good fit one week may be entirely different when compared to another. Also remember that just because a lawyer is highly recommended by others doesn’t mean they’re right for your case and, conversely, someone without much online presence may be exactly what you need in your corner.

 

Don’t Hire Until You Are Comfortable

Asking lawyers to represent you and your family in one of life’s most important processes is no small matter. Make sure that your lawyer is experienced and familiar with your legal situation. It’s easy to ask around — just look at social media, speak with friends or colleagues, and don’t be afraid to go visit their office! Getting a feel for your potential attorney before signing on will make working together much more comfortable in the long run. Your new lawyer should not only have experience handling cases like yours, but also know the area where you live. Familiarity with local law enforcement, courts, and judges can be very helpful when it comes time to defend your rights and those of your children.

 

Contact a family law lawyer today for help with your case!

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How To Create A Manageable Parenting Plan

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If you and your child’s other parent are no longer going to be parenting under the same roof, whether due to a divorce, legal separation, or a romantic split – and you both intend to sustain active parenting roles – the family court judge assigned to your custody case will likely require you draft a parenting plan. Parenting plans, which are sometimes called parenting agreements, help to set the expectations for a co-parenting relationship.

By setting legally-enforceable expectations concerning the ways in which you’ll co-parent and how your co-parenting relationship will function on a practical level, you’ll better ensure that preventable tensions don’t derail your attempts to parent your child in a healthy environment.   

Crafting the Terms of the Agreement

As an experienced family lawyer – including those who practice at AttorneyBernie.com – can confirm, the parenting plan terms that serve the needs of one co-parenting relationship may not serve the needs of another. As a result, it’s important to avoid making assumptions about whether another family’s parenting plan structure will serve you and your child to the greatest possible extent.

In the event that you and you co-parent can’t agree on some of the terms of your parenting agreement, a judge will be called upon to intervene. This isn’t usually an ideal situation because no parent likes to leave the fate of their time with their child in the hands of a third party. Yet, this situation is sometimes unavoidable. In the event that a judge is called upon to make a ruling about your parenting agreement, they will base their decision on their interpretation of the “best interests of the child” standard. As a result, you’ll want to frame any proposed terms of your parenting agreement to meet this standard proactively. That way, if your custody situation become contentious, you’ll already be working from a potentially winning frame of mind.

Meeting the Best Interests of the Child Standard

The ”best interests of the child” standard is the frame of reference that every family law judge in the country is bound to respect. With that said, each judge’s biases and priorities influence how they believe that this standard should be applied. An attorney can advise you as to whether the parenting plan terms you’re proposing are likely to actively serve your child’s best interests in ways that are defensible in the event that you need to go to court.

You know your child best. What is critical is that you both keep your child’s best interests at the forefront of your mind when crafting parenting plan terms – instead of, say, becoming preoccupied with not letting your ex “win” their preferred terms – and that you can clearly explain why your terms serve your child’s best interests.

Take care to make the terms of your plan structured enough that everyone involved can plan accordingly but flexible enough so that “life” is allowed to happen. Keep in mind that too-rigid terms can land you and your ex right back in court, arguing about minor violations of the terms of your plan.

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Services From a Divorce Lawyer

Services From a Divorce Lawyer

When you are considering a divorce from your spouse, you want to speak with a trusted divorce lawyer who can give you the guidance that you need. Going through a divorce is a difficult process and it can be hard to know how to approach it. Fortunately, there are many legal services that a qualified and experienced divorce lawyer can provide you so that you can make the best decisions. These are some of the legal services that a divorce lawyer can provide for you.

Resolving Divorce

If you have any questions about divorce, whether you have made a decision about proceeding with a divorce or not, a lawyer can help you. They can examine your situation and enlighten you about your legal options. Divorce is complex, so they can give you a breakdown of the costs, timeline, and other topics that you need to know regarding divorce. 

Divorce Alternatives 

As a divorce lawyer like one from Robinson & Hadeed can tell you, there are alternatives to divorce that you can consider. Divorce can be costly and complex to go through, however, there are other routes you can choose to settle your divorce outside of court. Mediation and arbitration are popular alternatives because of their simpler process and lower expenses. They also allow you to retain your privacy since a divorce finalized in court is put on the public record. 

Estate Planning Documents

A divorce lawyer can help you with affairs regarding your estate. Making changes to your estate when you are going through a divorce can be one of the most frustrating parts of the process. Having a lawyer at your side ensures you are successfully making the necessary legal changes to your estate. They can go over legal documents like your will and any changes that you want to make to it. 

Child Custody Agreements

Many clients who are going through divorce have children together, which can make the experience even more complicated. Deciding how to best develop a child custody agreement that everyone agrees with can be challenging. A divorce lawyer can help you find an arrangement that is fair to you, your spouse and meets your child or children’s needs. 

No matter what kind of services you need, a divorce lawyer like one at Theus Law Offices can help you and provide you guidance. Learn more about legal services you can receive from a qualified divorce lawyer by scheduling a consultation today.

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Common Divorce Misconceptions

As a divorce lawyer knows, many people see the legal system portrayed on television shows and movies and mistakenly believe it is how the system really works. However, one should remember that those situations being portrayed are for entertainment value and often rely on the dramatic effect to hook the audience. The actual processes involved in the legal system are far more complex than they may seem. Some of these common misconceptions include the following.

The reason for the divorce makes a difference.

For the majority of divorces, this is not true. Although the actions of a spouse may have been horrible — for example, if they are guilty of infidelity — it does not necessarily make a difference in how the division of assets and debts will be decided.

The majority of states have a no-fault divorce option, which is similar in theory to irreconcilable differences, meaning no one is to blame for the divorce and the couple has just decided to end the marriage. Some states do have “fault” grounds, which do include abandonment, adultery, bigamy, and extreme mental and/or physical cruelty.

These grounds may not affect the divorce settlement, but they can affect child custody and visitation issues.

Everything will be divided between the two spouses right down the middle.

This is another misconception people often have; however, it is not the way divorce settlements work. If your state is an equitable distribution state, the court will take all the assets a couple has — including earnings, savings and retirement accounts, personal property, and real estate — and divide those things by which the court deems as fair, which does not always mean monetarily equal.

Some of the factors a judge may consider when dividing the marital estate are how long the couple was married and the ability of each spouse to earn an income. If your divorce lawyer negotiates on your behalf in mediation or arbitration, you have even more control over the division of assets. 

Hiding assets is a smart move to keep the other spouse from being awarded a share of those assets.

This is also a big mistake when going through a divorce. The courts may overlook hiding an affair from your spouse, but if you attempt to hide assets, be prepared for some possibly heavy sanctions. In some cases, courts have been known to take all those hidden assets and award them all to the other spouse.

Contact a Divorce Law Firm Today

If you are ending your marriage, call an experienced attorney, like a divorce lawyer from a law firm like AttorneyBernie.com.