Divorce Mediation: This may be the Best Way to End Your Marriage

Posted by on May 29, 2017 in Divorce | 0 comments

Divorce mediation allows you and your soon to be “ex” spouse to make all decisions connected to your divorce, including all divorce-related issues, namely: distribution of properties, assets and debts; child custody; visitation rights; child support or child maintenance; and, alimony or spousal support. This divorce procedure also ensures privacy, a quicker, yet more peaceful settlement, and a cost that is a lot cheaper than litigated divorce, which is the procedure for spouses who cannot reach any agreement.

Mediation or mediated divorce is a process done with the help of a third party mediator that is chosen by the spouses themselves. Regardless of his/her profession (can be a lawyer or anything else), what is important is that this mediator should be highly trained in the process of mediation and is a neutral party.

Though mediation is only an alternative to the traditional court-settled divorce procedure, due to the many advantages it offers, many couples opting for divorce choose it instead of taking their divorce case to a court. This is because, compared to a court-litigated divorce, which: can take up to two years; may cost between $19,000 and $40,000 (depending on how long the procedure will take and the number of issues that need to be resolved); is witnessed by anyone who would like to watch the proceeding; and, wherein all decisions are made by the presiding judge, a mediated divorce may take only up to three months or even less (that is if the spouses decide to meet often to arrive at a settlement fast), costs only between $3,000 and $4,500, is settled privately (between the mediator and the spouses), and allows the spouses to decide on everything. The mediator’s role is only to make sure that personal emotions and sources of conflict which can prolong decision making, are filtered out to keep the spouses’ line of communication free and open, and, that all decisions are reasonable and made freely and willingly.

Legal representation is never necessitated in a mediation process, unlike in litigated divorce; however, consulting with a lawyer may help a spouse a lot in understanding how to negotiate properly and if the final agreement will not compromise his/her future as well as the children’s future.

According to the law firm Kirker Davis, LLP, divorce proceedings involving formal court hearings and judicial decisions are always immensely costly in time and resources. It is recommended for married couples who are seeking a divorce to consider alternative dispute resolutions before entering their case into the already overcrowded court system. In fact, some Texas counties require that a couple first goes through mediation in an attempt to solve their divorce quicker and with less complexity. Mediation is an often overlooked option that divorcing couples should consider before pursuing litigation as an option.

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The Role of Anxiety in Sexual Dysfunction

Posted by on Feb 21, 2017 in Hypnotherapy | 0 comments

Sexual dysfunction comes in many forms and can affect any gender and any age in a number of ways. According to the Cleveland Clinic, sexual dysfunction is a problem that can occur at any part of the sexual response cycle, comprised of excitement, plateau, orgasm, and resolution phases, and which inhibits an individual from feeling pleasure during sexual activity. Sexual dysfunction is typically thought to be a uniquely male experience as erectile dysfunction is so heavily publicized, but the Cleveland Clinic further notes that 43 percent of women have some level of sexual dysfunction as opposed to 31 percent of men, showing dysfunction to be a universal issue.

There are a number of treatments for sexual dysfunctions, and the type you receive depends on not only the type of dysfunction, but on its underlying causes. Causes may be physical, biological, or psychological, or a combination of these things. Anxiety is a leading cause of dysfunction among both men and women, and can manifest in a number of sexual issues, physical and mental. Some sexual problems associated with anxiety include performance anxiety, impotence, and lack of vaginal lubrication. For example, according to the University of California at Santa Barbara‘s Sex Info Online, negative emotions like anxiety, guilt, and fear during sexual activity can lead to a lack of vaginal lubrication and other dysfunctions.

Despite the prevalence of anxiety as a factor or concurrence with sexual dysfunction, uprooting it and returning to healthy sexual functioning can be a difficult task. There are number of treatment avenues you can take if you are experiencing sexual problems, such as a primary care physician, OBGYN, urologist, psychiatrist, sex therapist, or hypnotherapist. Hypnotherapy may seem like a dubious treatment option, but as psychologists study and use the practice more, it has become an important treatment avenue for a variety with people with various conditions. According to the Orlando Hypnosis Clinic, most problems reside in the subconscious mine, and hypnotherapy can help you isolate and treat such issues at the root of their problem. Whether or not you’re comfortable getting help with the aid of hypnosis, if you are experiencing sexual dysfunction, determine if anxiety or something else may be the cause, and get the help you need to return your sex life to the pleasurable activity it’s meant to be.

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Child Support Enforcement Act: How the Law Prioritizes the Welfare of Your Children

Posted by on Oct 14, 2016 in Child Welfare | 0 comments

Anyone who’s been through a divorce will know how easily complicated the whole process can get when there are children involved in the picture. Fortunately, through the Child Support Enforcement Act of 1984, the law is able to ensure their best interests are prioritized after the divorce is finalized.

The main goal of the Child Support Enforcement Act is to guarantee the care and welfare of a divorced couple’s offspring. This is done through the payment of monthly financial obligations, made by one parent to the other party that was awarded by the court with primary custody of the children. These payments are mandated by the law because they are meant to cover the costs for the children’s basic needs like education and health care.

The amount and length of time in which payments are expected to be paid are determined by key considerations such as the age of the children, as well as that of each parent’s, and the family’s current health status. The court also looks at the income of both parents, adjusting the amount that needs to be paid accordingly. In most cases, child support payments are made until the children involved turns of legal age.

There is, of course, an avenue where parents can ask that a modification in their child support agreement be made. Anyone of the parents can ask to have the payments increased or decreased should there be any drastic change in their financial situations. In an event where a non-custodial parent ends up facing sudden unemployment, he or she could pursue to have their child support agreement modified through legal avenues. According to Raleigh child custody lawyers at Marshall & Taylor, other common reasons parents pursue alternations in child support payments include changes in medical status and the amount of care required by the children involved.

It comes as no surprise that going through a divorce is an emotionally stressful situation. It’s clear, however that the situation can become even more fragile when divorcing couples have to figure out how they will continue to share their responsibilities as parents. Often times, in the cross fire, the welfare of the children are overlooked. Thankfully, much of this contention can be hashed out and children can remain the priority in such a difficult situation through options provided by the Child Support Enforcement Act.

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An Overview of Survival Action Lawsuit

Posted by on Jul 24, 2016 in Lawsuit, Wrongful Death | 0 comments

When a person dies in an unexpected time, the surviving family member will struggle to cope up with the sudden death. According to the website of Cazayoux Ewing Law Firm, the unexpected loss of a loved one could result to long term financial consequences. In order to recover damage, the surviving family members can file a wrongful death lawsuit. This type of case has two parts namely wrongful death action and survival action. In this article, we will focus on the latter.

In a survival action, the recipient of the damages is the estate of the deceased. The lawsuit can be filed by the estate’s personal representative. If no one was delegated, the successor-in-interest can file the claim. A survival action can only be filed if the decedent did not immediately die from their injury. Damages in a survival action would include suffering before death, disability, lost wages, and medical costs from the accident and future medical care.

Upon the death of the plaintiff, the damages would then be distributed to the estate based on the will of the deceased. A survival action lawsuit puts value on the benefits and privileges that the deceased would have made if not for their death. A certain provision in the Probate Code dictates what will happen to the assets of the deceased in the absence of a will. While these issues are independent from a wrongful death lawsuit, it can still have an effect on the awarding of damages.

When filing a claim, it is important to have an understanding of the difference between a wrongful death and a survival action lawsuit. It is best to consult an attorney prior to the filing of the case so that you will know how to proceed with the case in order to recover damages that you are entitled to receive as a result off the untimely death of your loved one.

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The Different Types of Car Insurance Coverages that Drivers Need to Carry

Posted by on Feb 14, 2016 in Insurance | 0 comments

Financial responsibility, which is more commonly known as auto liability insurance, is a basic requirement on all types of vehicles operated on US roads and highways. This means that every driver, whether he or she operates a car, a truck, a bus or a motorcycle, should be able to show evidence of financial responsibility whenever this is requested by a law enforcement officer, especially if he or she gets involved in a traffic collision, and whenever he or she is renewing his or her vehicle’s registration or driver’s license.

While all states mandate financial responsibility, only 48 states strictly require auto liability insurance. In the state of New Hampshire, drivers are simply required to demonstrate capability to provide sufficient funds in case of an accident which is their fault. Demonstrating financial capability may be done by posting a bond or cash equal to the amount of damages in a crash. In Virginia, drivers have the option to either purchase auto liability insurance or pay an uninsured motorists vehicle fee to their state’s Department of Motor Vehicles (if they choose to register their vehicle as uninsured).

In all other states, the type of liability coverage that drivers are required to have can either be the full tort insurance coverage or the no-fault insurance coverage. Tort states, which mandate the full tort coverage on drivers, allow victims of car accidents to file a civil lawsuit against the at-fault driver to determine the extent of damage they have been made to suffer and to seek compensation for all these damages. This compensation, which the at-fault driver’s insurance provider will pay by to the victim, usually covers cost of medical treatment, lost wages, pain and suffering. Payment of compensation may take time, though, and premiums may cost higher due to the lawsuit.

Milwaukee, WI car accident lawyers point out that payment of compensation is often much faster in no-fault states since no lawsuit needs to be filed anymore because compensation is paid to each driver by their respective insurance providers regardless of who is at fault in the accident. The no-fault coverage, also known as Personal Injury Protection (PIP) covers the driver and his or her passengers and medical and hospital expenses; in some states, coverage includes payment for lost wages, expenses for household-related services, such as childcare, and funeral expenses.

Car insurance coverage, though, is not the only requirement that states mandate on drivers; there are also the Uninsured Motorist Coverage, which is designed to pay for all economic damages and losses that victims may suffer due to accidents wherein the driver at-fault does not carry liability insurance or if the accident were a hit & run, or if the vehicle involved in the accident were stolen. Underinsured Motorist Coverage, on the other hand, is intended as a supplement to any inadequacy in the driver-at-fault’s policy limit, making the amount of his or her policy insufficient to cover all the damages suffered by the victim (this is usually the case if the at-fault driver carries only the minimum liability coverage set by his or her state.

All these required coverages make insurance too expensive for many drivers; however, not being insured can prove to be much more expensive. Besides, drivers and car owners can always seek assistance from independent car insurance companies for quotes which will give them the best deals that will not put a strain in their budget.

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