fb_thumb
Benson Law Firm | Blog
Types of Divorce in the US
9/10/20
Marriage is a bonding between two individuals for love and companionship with a lifelong commitment that leads to security, financial stability as well as legal rights and benefits extended to the progeny. When mutual love, affection, compassion, and commitment are lost, it may lead to torture, insecurity, and instability. Thereby this most beautiful relationship becomes suffocating and a heavy burden to carry on for a lifetime. In such a situation, counseling or mediation helps some couples, while others need in-dependency which is mostly decided in court. No two divorces are the same. The painfulness of the process depends on the intensity of differences between the partners and their personality types. Here is a description of the types of divorce in the US.

Fault Divorce

In a fault divorce, a partner blames or proves that the spouse was at fault for the marriage to break down. If the court finds that he or she is at no fault then the divorce will not be granted and they will have to continue as husband and wife. Though the partners can live separated, they will not be able to legally marry anybody else.

No-fault divorce

Today, almost all states allow no-fault divorce. Under no-fault divorce, the couples prove to the court that they are not compatible with each other and have suffered an irremediable breakdown of the relationship. This is suitable for those couples who don’t have too many marital assets to divide or have no conflict on the division of their property.

Contested Divorce

Contested divorce procedures take lots of time, stress, and money. Both spouses need assistance from divorce attorneys, as this type of divorce involves complicated processes. The contested divorce is suited in any of the following cases; either both the parties need a divorce and all the negotiations fail between them, or when one of partner feels that divorce is not necessary and argue that the other party doesn’t have a valid ground for divorce and attempts to prevent it, then it is taken into the court for the judgment. The process involves the exchange of information, negotiations for settlement, hearings, and proceeds for the court trial. The negotiations related to the custody of the child, the division of marital assets and debts will be raised. Initially, the judge enacts a temporary order regarding this as the whole process can take a long period of time. Mediation and counseling programs may also be arranged by the court. During the trial, both the attorneys present their evidence and then a final judgment is passed by the judge and lastly the final decree of divorce is filed.

Uncontested Divorce

An uncontested divorce is also known as a joint petition for divorce where there is no formal trial. It is usually followed by those couples who agree upon each other on all issues like child support, custody, and division of marital assets and debts, alimony, etc. In this type of divorce procedure, an attorney drafts an agreement and is later reviewed by both parties, and if they agree upon all the terms, it is then submitted to the judge for final review and approval. If the judge approves the agreement, the decree of divorce is issued. The divorce becomes contested if the spouse hires an attorney, refuses to sign the papers, or cannot be found. The disadvantage of this kind of divorce is that if there is a history of domestic violence, abuse, extra-marital affairs, etc., then one party will have an unfair advantage over the other. In such a situation, advice from an experienced divorce attorney is very much essential.
Tips on Healthy Divorce
6/29/20
A healthy divorce is a well planned out event which is to be carefully and meticulously made as consus with divorcing minds is rare. For a smooth separation on divorce, you have to make yourself emotionally strong. Engage your time to set up the daily divorce-related activities and schedules. It is good to note down the points you want to discuss in the divorce when you feel calm and when your mind is set. Making your children understand about this situation is another difficult aspect and you have to help them with this entire process. Children will never understand until they grow up to make good sense of the complications leading to a divorce. It is good to consult with a marital counselor to reach a coordinated decision with less mental conflict as it is a consensual process between two parties.

When you are in pace, arrange a meeting with your partner to speak on the divorce matters. Mediation is better than the court hearings to settle marital conflicts as it gives a chance for both parties to open up their mind regarding children, property, and more. Children are the most affected when a divorce occurs and the remedy is to speak calmly to your children and make them understand the situation. Self-caring is another thing that is to take care of yourself by understanding and accepting the situation. Getting involved in social gatherings, family, and friends to make yourselves engaged is a good mind changing game. You can be more into your interests and hobbies to become an active person. Physical health is also an important aspect to consider. You have to eat good food and exercise regularly and must have a good sleep at night.

Consult your divorce attorney as needed to know about the divorce proceedings. All the above mentioned activities might help you to have a healthy divorce.
Need of a Criminal Lawyer When Accused of a Criminal Crime
2/14/20
Criminal law can be defined as a system of laws concerned with the punishment of individuals who commit crimes. There are two types of Criminal Laws, viz., Misdemeanors and Felonies. The crimes like Reckless driving, Prostitution, Possession of Drugs for the first time, Petty Theft, etc., go under Misdemeanors, which are less serious charges compared to more serious Felonies. Felonies crimes include crimes like Kidnapping, Murder, Rape, Robbery, Fraud practices, Possession of illegal drugs, etc. If you are found guilty, Misdemeanors crime charges can end in a year of imprisonment or a fine whereas Felonies crimes can result in prison for years or the death penalty. Criminal Lawyers, also known as Criminal Defence Lawyers, can represent and protect their clients who may be individuals, organizations, and entities from the accusation from Criminal cases. They can defend their client on the grounds such as Inadequate proof or Inability to prove by the prosecutor, Self Defense, for the defense of the Property or Other people, Mistake of the Law or the effect or charge of the situation, Intoxication, etc. Hence, it’s always advisable to appoint a Criminal Lawyer or Criminal Attorney as soon as the incident takes place even before approaching cops so that the ruining of records can be prevented.

The Lawyer does enormous work for the defense of the client like Investigate about the case; interview the witnesses; research and study the Laws, criminal codes and procedural law; bring out defense strategy; negotiate for lesser charges with the prosecution, etc. Thus, hiring an experienced and capable Criminal

Attorney or Criminal Lawyer would help in avoiding the complexities of Criminal Law.

Following are some of the main steps taken by the Criminal Lawyer for their client:

Learning the case: The Criminal Attorney has a session with their client to understand all about the case in detail. This would help him to learn about the strengths and weaknesses of the case, which would, in turn, help him develop a defense strategy.

Investigating the case: To develop a defense strategy for the client, the Attorney can investigate more into the case which includes questioning the cops and collecting information from the witnesses of the case. The criminal defense lawyer can review the prosecution’s case before submitting it to the jury, to get to know more about the possibility of getting evidence and to find the loopholes.

Scrutiny of Evidence: The evidence against a criminal defendant, if any, will be carefully examined and the legal theories of the case against the client will be studied carefully.

Frequent interactions with the client: The Criminal Attorney will conduct frequent confidential interactions with the client to make the client understand more about the case and its consequences.

Selection of Jury: The Criminal Lawyer can help in the selection of the jury to avoid any bias judgments.
Plea Bargaining: Negotiating with the prosecutor will be done by the Criminal Lawyer to get a fair deal for his or her client to get less punishment if found guilty.

Participation in Trial: The Criminal Lawyer can participate in the trial with his or her client and can convince the jury that proof submitted by the prosecutor is not adequate by examining and cross-examining the witness.

Convincing Judge or Jury through discussions: If the client has accepted or is convicted of the plea bargain, then the lawyer can represent the client and can discuss and convince the judge or jury for possible alternatives for limiting the time spent in incarceration.

Share this article with your colleagues, friends, and relatives who might require professional help! Visit ws6 to know more about Benson Law or call ph6, to get a free consultation from Benson Law Firm!
9 Common Reasons for a Car Wreck
10/24/19
Car wreck occurs for a variety of reasons. It is undoubtedly the most frequent cause of most damage. The reasons for this are extremely dense road traffic and the relatively great freedom of movement given to drivers.

Some of the most common reasons are:

1. Distracted Driving:
Distracted driving is the most common cause of road accidents resulting in crashes, speeding, drunk driving, and other major accidents. Drivers can become distracted behind the wheel for a variety of reasons. Some of the leading causes of distracted driving accidents include using a cellphone while driving, as well as eating food or drinking from a mug or bottle while behind the wheel.

2.Talking on the Phone:
When you talk on a phone while driving, your hands get engaged in operating the phone whether it’s operating the phone, dialing a number, or listening to the caller. The most dangerous is texting on phones while driving as it not only takes your hands off the steering wheel but also distracts your mind so that you cannot concentrate on driving. Always avoid using a phone while driving.

3.Medical Conditions:
Seizures, strokes, heart attacks, poor vision, or even falling asleep at the wheel can cause very serious accidents. Medical conditions are often uncontrollable, so it is important to think about your risk factors before driving. If you are not well or forgot your glasses, hire someone else to drive and do not risk yourself.

4.Speeding:
Speeding is the most common cause of road accidents. Exceeding the speed limit is a common practice for many drivers. It’s also an illegal behavior that increases the risk of losing control of a high-speed vehicle and causing an accident. The faster a vehicle travels the longer it takes to slow down in the event of an obstacle that can cause unexpected hits. Even a small increase in speed can result in a much higher risk of being involved in an accident. Speeding is also a major cause of fatal road injuries.

5.Drunken Driving:
Drunken driving is another major reason for accidents particularly on weekends and holidays when people drive after consuming alcohol. They possibly lost their ability to focus on the road increases the risk of an accident. Drunk driving accidents are easily preventable; you need to go out with a designated driver if you plan on consuming alcohol; do not drive on your own.

6.Rain:
Rain-related car wrecks are often caused by poor car maintenance such as tires that don’t provide a deep grip or aren’t properly inflated. Sometimes, an inexperienced driver can panic in rainy weather, resulting in the loss of control of the vehicle.
Because of the safety risks associated with driving in intense rain, it's important to be alert and aware of road conditions, speed limits, and traffic during rainy weather.

7.Breaking Traffic Rules:
Breaking a red light rule can put the driver and others to serious falls and injuries. Ignorance of road signs can maximize the chance of accidents. Do follow traffic rules.

8.Failure to Maintain Your Car:
No routine check on your car can cause accidents. Bald tires, broken tie rods, and bad brakes are all things that need to be checked in a timely manner. Driving around on squealing brakes for a month or more makes brakes fail in critical situations. It is the car owner's responsibility to maintain if it is your Car.

9. Not Wearing a Seat Belt:
Wearing a seat belt while driving is important as pulling a parachute while skydiving. It has been scientifically proven that a driver wearing a seat belt has a far better chance to survive, without having to suffer any major injury.

You can avoid car accidents while driving by staying alert, driving at the speed limit, and using your turn signals properly. By driving responsibly, you can reduce your risk of getting into an accident. If you are a new driver, make sure to get enough practice, train for bad weather conditions, and limit your night driving to avoid accidents.
5 Reasons to Hire a Family Law Attorney
10/24/19
Family Law is a legal practice area that focuses on issues involving family relationships, such as adoption, divorce, and child custody. It deals with the rights and responsibilities of people in families which includes people who are legally married or in common-law relationships and people who are parents of a child.

Some of the Reasons to Hire a Family Law Attorney:

1. Legal Protection:
A family law attorney knows the law, the outcomes of past verdicts, and can use that knowledge to help you receive the best possible outcome. They know what judges care about, and they know how to present your case in a way that a judge will see your side.

2. Save Money:
You have to pay your family law attorney, but you may end up paying more if you don’t have a knowledgeable attorney on your side. A lawyer will make sure you don’t end up paying too much. If you are entitled to receive child support or alimony, your lawyer will make sure you receive what you deserve.

3. Avoid Threat:
You may hear threats from your ex-spouse about what is going to happen to you, such as “you won’t get custody” or “you won’t get any money”. Without a family law attorney, you may be tempted to agree on demands so that you don’t risk the other party’s threats becoming a reality. A family attorney can hold the other party accountable and make sure you don’t get forced into something unfair. You can also use your family attorney to handle all communication so you don’t have to deal with any sort of verbal abuse.

4. The Assurance that Right Documents are Filed:
Most of us would not have a clue about these sorts of documents, how they should be served when they should be served, and when they should be filed. If any of this is done incorrectly, a judge may exclude the documents from the case. A family law attorney will make sure this doesn’t happen to you.

5. Peace of Mind:
Divorce and family law cases are stressful times. Your emotions take charge in many ways, like how your children and other family members are handling the situation. When you have a lawyer on your side, you are freed up to use your emotional energy on getting through the process, healing, and helping other family members deal with their emotions.

A divorce is never going to be a fun process. There will be stress along the way, and there is never a guaranteed result. The family law specialist can dramatically increase your likelihood of success, and will also go a long way in ensuring that you take care of the necessary steps. Many divorce attorneys offer a free consultation to get to know them. It is worth your time to set up an appointment and find the right certified family law specialist in your time of need.
5 Tips to Choose the Best Criminal Law Attorney
10/24/19
When you are facing criminal charges, finding a criminal law attorney is very important and should be the first on your to-do list.

Criminal Law Attorney and Civil Law Attorney :

The attorney you are looking for will not be the same person who handled your will, or helped you buy a house; these types of attorneys are called civil law attorneys. Civil attorneys handle civil cases in large corporate law firms with branch offices in many cities.

Criminal law attorney’s practice either on their own or in partnerships.

Some tips to choose your criminal law attorney are listed below:

Asking for Referrals:

A good start is by asking people for referrals including friends, family members, and non-criminal attorneys. You can ask questions about their suggestions like whether the attorney was on time for appointments, reasonably available to answer questions.

Hire an Experienced Criminal Law Attorney:

For how long is the criminal law attorney in practice? How long has he/she been defending criminal charges? How successful have they been in helping clients with criminal charges? It is within your right to question the lawyer on anything. Keep in mind that they will be defending your freedom. The freedom that you could lose if they are not competent enough. Don’t place such risk in someone you are unsure of.

Should You Hire an Attorney or a Team of Attorneys :

Preparing a case for the court is not a one-person job. Even a very good attorney needs a team behind him/her. Criminal charges are serious business and most cases are usually very complex. Multiple lawyers working together will come up with a better defense strategy for your case. In such cases, two heads, or even more, are truly better than one.

Communication is the Key :

It is important that the attorney should be someone with whom the defendant is personally comfortable with. The best attorney and client relationships are those in which clients are full partners in the decision-making process, and the defendant should try to hire attorneys who see them as partners and not as case files.
Do not Expect a Guarantee :

Select the right attorney for you. While a lawyer can give you an idea of possible outcomes, he or she cannot promise a certain result. Any criminal attorney cannot guarantee the result in advance.

The attorney client-relationship is built upon trust. You should select a criminal attorney that you are comfortable with, one that you feel you can tell anything. There are some other factors you can consider like fees and contracts. If their prices are too high, it does not mean they are best. Discuss payment plans, schedules, and terms before signing the contract is always better for both parties.