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March 2018 Archives

No-Fault Divorce

divorceeeeeeeeeee-1200x800.jpgIt is always an unfortunate scenario when a marriage ends in a divorce. With the divorce rate being so high, there are more and more court cases granting divorce. There are two different ways in which you can file for divorce. One of these ways is with a no-fault divorce, and another one of these ways is with a fault divorce. It's important to consider the differences between the two, so if you file for divorce, you can make the process as easy and painless as possible.
A no-fault divorce allows a couple to go through the court process without including personal details involved in their separation. The couple involved will not have to dish out their dirty laundry and reveal any of the heartbreaking, rough details about why their marriage did not work. A no-fault divorce does not put fault on either person involved. It simply is like stating that the couple could not get along for one reason or another, and there is no way for them to move past it in order to keep the marriage going. This will keep your personal business private. If you file for a no-fault divorce, the court will not consider any private information revealed such as if your spouse engaged in a bad behavior. Most states have laws allowing you to have a no-fault divorce. There are still some states that do not consider this a proper proposal of why your marriage should lead to a divorce. If there is a state that views it this way, then you can still be granted a divorce based on the grounds of "separation". This is a way to avoid resorting to fault.
A fault divorce is when a spouse may say that the action of the other spouse is what lead to this divorce. About two-thirds of the U.S. still allow for couples to engage in a fault divorce. Some of the actions that one spouse might have committed that has lead to this fault divorce is adultery, abandonment, substance abuse, or felony. A fault divorce can provide the court with factors as to why a couple should be granted a divorce. Fault can also be a factor that can help the courts to decide how to divide property. The court may reward the spouse who did not take part in detrimental behavior in this case. Fault can also be used as way to award alimony. Alimony is spousal support. When there is a fault divorce, there are also defenses involved in order to prove that you are not at fault in this case. The defenses for these cases are collusion, condonation, connivance, and recrimination.
Collusion is an agreement between the couple that is based on the action of one of the individuals in the relationship. This act committed grounds for divorce. Condonation is a term used to describe the resumption of a relationship after an act is committed in which counts as grounds for divorce. An example of this would be if one person in the relationship commits adultery, but the other person in the relationship forgives that person. Connivance is when there is a willingness to secretly allow or be involved in wrongdoing, especially an immoral or illegal act. Recrimination is an accusation in response to one from someone else.
Whatever divorce route you choose to take, in order to come to an agreement, you are going to want to try to cooperate with your spouse the best you can. Usually cases in which a divorce is granted quick is one in which both parties involved are able to come to terms easily. Remaining eye to eye about the different aspects involved in the separation will help the process and the court to come to a decision. Get a lawyer that can take you through the process.
Sources: NOLO 

How Long Do You Have To File A Lawsuit

wheelchair-2489427_1920-1200x964.jpgThere is no one specific answer to this question. It is always advised to handle a lawsuit as soon as possible. Every state has its own limits. These are called statutes of limitations. The amount of time that you have in order to file also varies according to on the type of claim.
Rules in one state may allow a plaintiff with a personal injury claim one year from the date of injury. In another state personal injury, plaintiffs may have two years to sue.
See the source below for a chart of statutes of limitations in all 50 states. You will definitely want to speak with a lawyer as well.
Once you've figured out which statue of limitation applies to your case, you will need to determine when the clock starts ticking. Usually, this starts according to the date that you were harmed. In some cases, the clock may start ticking on the "date of discovery" of the harm.
The clock can basically start ticking at 3 different times. The earliest time is the date of harm, the later time would be the date in which the plaintiff should have discovered the harm, the latest time would be the actual date that the plaintiff did discover the harm.
Statutes of limitations are not always one year, but generally, allow at least a year. An exception to this would be when you sue a government agency. In these circumstances, you usually always have at least a year from the date of harm to file a lawsuit. If you plan to sue within the first year, you should have no problems no matter what the lawsuit entails.
Want to know more? Do not hesitate to contact Palacios Law Group for a free first-time consultation. We are here to help. 

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