StoreLawyer.com is your gateway to corporate law, real estate law, law enforcement, bankruptcy, criminal law, law offices, government law, tax law and more.

Posts Tagged ‘Family Law’

The Importance of Elder Law

Wednesday, August 25th, 2010

Today however, Elder-law is becoming a practice that is gaining more widespread acceptance. it is loosely defined as laws that affect the elderly. However, this is only part of the story. Here are the most common aspects of Elder-Law in the United States.


Elder-Law Certifications:

While certification is voluntary, many seniors are advised to seek the counsel of a Certified Elder-Law attorney. The certification requires proof from these attorneys that the following criteria are met:

* licensed to practice law in at least one state
* be actively practicing law for five years prior to applying for certification
* must be a member in good standing in the bars where they are licensed to practice
* have to display that they have averaged 16 hours per week to elder law over the 3 years prior to application plus handled at least 60 elder law cases during that time
* have participated in Continuing Education focused on elder law
* must provide five references from other attorneys with qualifications in elder law
* must pass the elder law certification exam

If an attorney has received certification, you should be able to identify them by the certification initials that follow their names, namely CELA.

Type of Advice available from Elder-Law Practices:

Elder-law is not as simple as it may seem at the outset. Attorneys who elect to specialize in elder law agree that they will assist not just elderly clients, but their caregivers in many cases as well. These attorneys may be involved in planning for health and personal care, helping with powers of attorney, helping with financial aspects including housing, and tax matters. In addition, elder law also encompasses such things as asset protection, public benefits and more.

Elder-law may also delve into more familial matters such as grandparents’ rights, age discrimination for employment, will and trust planning as well as planning for aging and assisting well spouses with planning for long term care for their spouses who are incapacitated. Elder-law specialists may also get involved in capacity hearings, guardianship and patients’ rights while under care at medical facilities.

Protection of Seniors:

In addition to the items mentioned above, there is sadly much reason for us to be concerned about the treatment of the elderly. As economic conditions become increasingly dire for larger percentages of the population it is not unusual for senior citizens to become the target of scams. In addition, family members may begin taking advantage of their elder parents and in some cases this can lead to cases of abuse. It is becoming more critical for those whom are elderly to have their own advocates. This is where elder-law becomes a critical function in the legal field.

As the population growth spurt known as the Baby Boom ages, we are bound to see more need for protection for ourselves or our loved-ones as they age. We may glad to know that the Elder-Law specialty is available for our support and the defense of our rights.

Hiring a Family Law Attorney in Houston

Friday, July 23rd, 2010

There are many points to be kept in mind before filing any divorce case in court. Divorce lawyers must be smart enough to handle various sensitive cases, like children’s guardianship, alimony, division of money and property, and many more points. It is wise to do serious market research to find Houston’s best-rated divorce lawyer, who can represent you and your case with strength and conviction. Always delve into his past records and look at his success rate, to get a clear picture of his ability.

Divorce attorneys in Houston are usually helpful no matter how amicably the marriage ends, and they are particularly advantageous when parties consider the following:

o Division of Property and Assets: An attorney is able to draw up legal documents that will fairly and clearly divide up the property and assets that were purchased or earned during the marriage. Regardless if you and your former spouse believe you can divide these assets without legal assistance, you need to protect everyone involved by creating documents recognized by the Court.

o Establishing Custody Rights and Visitation: If you have children, it is imperative that both parties establish who will have primary custody of the kids. While it may be easy to assume that both parents will want to do what is best for their children, sometimes it is hard to agree on what exactly is “the best thing”. Your family law attorney will work with both parties to make sure that everyone’s legal rights are met and that parents get the visitation time they deserve-even if they are not the primary custodial parent.

o Legal establishment of child support and any alimony/palimony: Whether or not both individuals have professions that allow them to earn a living after the divorce, attorneys in Houston will likely look into the legal aspects of alimony or palimony. This often occurs when one spouse has sacrificed personally or professionally in order for the other partner to further his or her own career, reducing the ability for the recipient to earn an income that is as high as it would have been otherwise. Not every divorce will require this type of payment, but divorcing spouses should not assume that they are not eligible for this reimbursement without speaking with an attorney.

As a general practice Houston law firm, Sondra Kaighen & Associates, P.C. serves clients with diverse needs throughout Houston and the Texas Gulf Coast area. Their attorneys cover a range of legal issues pertaining to family law and criminal law. Sondra Kaighen, the firm’s principle, has over twenty years of experience in family law and is a certified specialist in the field by the Texas Board of Legal Specialization.

Their Houston general legal practice law firm represents clients from all over the United States and abroad. They foster open communication with clients and encourage them to ask questions and voice their concerns. Their lawyers understand that family law cases are often stressful and can be draining emotionally, physically, and economically. That is why their Houston Law Firm committed to finding a smooth and satisfactory resolution to your legal issue as quickly as possible. Whether handling a divorce or representing a defendant facing felony charges, their attorneys do not shy away from difficult cases. If you have a legal question or concern, do not hesitate to contact their Houston law firm.

Divorce Mediation in San Francisco

Saturday, July 17th, 2010

Divorce is expensive and time consuming. Couples facing divorce will have to deal with airing out their dirty laundry, dealing with the emotional pain and paying cost of courts, lawyer fees and dividing their assets with their spouse. With mediation, much of the unnecessary drama of getting a divorce can be reduced if not completely avoided.

What happens during mediation?

The divorce mediator will explain how the law system works to the couple and if the mediator is an attorney can draw up and file court papers. Unlike arbitration, mediation is not a legally binding decision made by your mediator. Instead, couples have complete control over what decisions are made and can walk away from mediation at any time. Some states, however, use court-ordered divorce mediation for couples with children to help negotiate child custody and visitation issues.

How to Pick A Divorce Mediator?

Mediators should have received training from a recognized source and should be able to provide references from attorneys, fellow mediators and other recognized professionals. A mediator with several years of experience has more knowledge than a beginner; some mediators are also family lawyers themselves. The cost will also help when choosing a mediator, most charge a fee for each session lasting around one to two hours.

How Will Common Assets Be Divided?

A divorce mediator can draw up a settlement agreement for couples showing how property and finances will be divided once a settlement is reached. To do this the mediator will aid each party in determining what they own, as well as determine what they owe out in the form of taxes and other debts. Financial planning tools such as budgeting may be used to help understand how the divorce will affect finances. Divorce mediation might also review how the judge is likely to divide assets based on how much income and property each spouse bought to the marriage. Issues of alimony, child custody, how parenting duties will be shared and child support may also be determined.

Is A Lawyer Still Needed?

Mediation is not a substitute for seeking the advice of legal counsel. Mediators should not discourage hiring or consulting with an attorney during a divorce. In fact, many encourage their clients to bring their attorneys with them to divorce mediation. A lawyer will help prepare for negotiating with the spouse and ensure the agreement or settlement reached is in their best interest.

Divorce mediator in San Francisco at law firm McDonald & Mannion provides individuals and families with resolution through mediation in cases of divorce, personal injury matters, and probate and business disputes. If you are researching San Francisco divorce law firms, and are open to exploring mediation as an alternative to a traditional divorce, give them a call.

As a divorce mediator in San Francisco, Attorney Brian McDonald has the expertise and knowledge to guide you and your family through difficult negotiations and legal disputes with a focus on a positive outcome for everyone involved. Mr. McDonald has decades of experience in mediating San Francisco separation and divorce. His experience also extends to the drafting of prenuptial agreements. For San Francisco divorce advice, or to find out how they can help resolve your legal dispute, contact San Francisco law firm McDonald & Mannion today. For your convenience, they also offer services in Spanish.