Spousal Support

Spousal Support is available to a married spouse, when the couple resides in separate homes and one spouse earns more than the other spouse. There are defenses against spousal support and it is important to have an attorney assist you in your claim for or against spousal support.

Alimony Pendente Lite

Alimony Pendente Lite is a type of support that is limited in nature and paid to the lesser income earning spouse by the higher income earning spouse in accordance to a statutory formula until the divorce is finalized. This support was enacted to equalize the parties incomes during the divorce proceedings and allow each spouse to afford the divorce process and expenses.

Alimony

In Pennsylvania, there is not a set formula to determine post-divorce alimony. Whether or not to award post-divorce alimony payments lies within the exclusive discretion of the court. The court relies on the following 17 factors to determine whether to award post-divorce alimony.

The 17 Factors of Alimony

• The relative earnings of both spouses.
• The duration of the marriage.
• The ages and physical, mental and emotional states of the two spouses.
• The sources of income of both spouses. This includes medical, retirement, insurance or other benefits.
• The expected future earnings and inheritances of the two spouses.
• The degree to which one spouse has contributed to the other spouse’s education, training or increased earning potential.
• The degree to which a spouse will be financially affected by their position as the custodian of a minor child.
• The standard of living of the spouses established during the marriage.
• The relative education of the parties. This also considers the amount of time it would take for the spouse seeking alimony to acquire the education or training necessary to find employment.
• The relative assets and liabilities of the two spouses.
• The property each spouse brought to the marriage.
• The degree a spouse contributed as a homemaker.
• The relative needs of the two spouses.
• The marital misconduct of either of the spouses during the marriage.
• The federal, state and local tax consequences of the alimony.
• Whether the spouse seeking alimony lacks sufficient property to provide for their reasonable needs.
• Whether the spouse seeking alimony is incapable of supporting themselves through appropriate employment.

[1] Title 7, Pennsylvania Code, §6102.

Division of Assests

In Pennsylvania “marital property” means all property acquired by either party during the marriage and the increase in value of any non-marital property acquired. However, marital property does not include:

Veterans’ benefits exempt from attachment, levy or seizure pursuant to the act of September 2, 1958 (Public Law 85-857, 72 Stat. 1229), as amended, except for those benefits received by a veteran where the veteran has waived a portion of his military retirement pay in order to receive veterans’ compensation.

Property to the extent to which the property has been mortgaged or otherwise encumbered in good faith for value prior to the date of final separation.

Any payment received as a result of an award or settlement for any cause of action or claim which accrued prior to the marriage or after the date of final separation regardless of when the payment was received.

Property acquired prior to marriage or property acquired in exchange for property acquired prior to the marriage.

Property excluded by valid agreement of the parties entered into before, during or after the marriage.
Property acquired by gift, except between spouses, bequest, devise or descent or property acquired in exchange for such property.

Property acquired after final separation until the date of divorce, except for property acquired in exchange for marital assets.

Property which a party has sold, granted, conveyed or otherwise disposed of in good faith and for value prior to the date of final separation.

Pennsylvania states that the increase in value of any non-marital property acquired pursuant to subsection shall be measured from the date of marriage or later acquisition date to either the date of final separation or the date as close to the hearing on equitable distribution as possible, whichever date results in a lesser increase.

Family lawyers are needed in different situations including divorce. Such situations are very stressful and if you are not careful, you may have a very hard time during such times. There is a need to have a professional with a deep understanding of the law on your side so as to handle different situations that you may not know how to handle completely. This can make the process much easier for you and the whole family.

When you are looking for a family lawyer, there are some qualities that should be outstanding. These will help you know whether the person you have chosen to represent you is capable of handling himself and the case at hand. Some important qualities include:

1. Communication: the lawyer should be able to communicate and communicate well. This is very critical. The lawyer needs to be able to communicate in an easy and clear manner. When you have a lawyer, it is necessary that you are able to voice your expectations and concerns. It is the job of the lawyer to explain things clearly to you as well as those that have to do with the case and to give you expectations that are realistic. The lawyer should also be able to communicate with other parties to the case. Good communication leads to effective negotiations keeping costs down. A good communicator will also be very helpful should the case go to court.
2. Experience and skills: while it is important to have an attorney to represent you, it is important that he is able to represent you well. So as to do this, skills are required. A case such a divorce can touch on many aspects of family life as we know it. This may include career, retirement, finances and so on. The lawyer should be experienced and very knowledgeable so as to make sure that all your interests are protected. Experience in family law cases is an added advantage especially if such a case has a lot of similarities with yours.
3. Availability: when you are searching for a representative, make sure it is a person that is available in all the important points of your case. If he can’t be present all the time, he should have support available to cover when he has other matters to attend to. The lawyer should avail himself to respond to questions in a good and timely way, he should work with timeframes so as to reassure you of his dedication. He shouldn’t be too held up with pother cases so as to be able to pay attention to yours.
4. Composure: your family lawyer should be able to maintain his composure at all times. This isn’t only about staying focused and calm, but also exhibiting a lot of self-control when in the courtroom or when dealing with other lawyers, even if he feels frustrated, your interests need to represent very strongly but he shouldn’t take things too personally when the turn of events isn’t completely to his favor.
5. Support and resources: lawyers have other clients too, and it is not possible that they will always be available to answer questions every time something comes up. It helps when the lawyer has a team working with him so that even emergencies can be handled swiftly.

In this age of instant communication, more and more ideas are being born and products created than ever before. With the current entrepreneurial trend, new business owners are creating never-before-seen content and services in order to better the world. With so much going on, it can be easy to create something that copies another person a little too closely. Luckily, there are several steps that can be taken to overcome copyright issues.

1. Get permission from the original owner.

When it comes to using copyrighted content, the only legal way to make use of the content is to contact the original owner and ask for permission. In the event this is impossible, there are websites like Creative Commons that offer royalty-free image and audio files that are free for commercial use.

2. Trademark and copyright your own content.

If you create something you intend to turn into a business or revenue stream, it is important to obtain legal rights to it. While it may be your intellectual property, you cannot prevent someone from creating a similar idea and starting a business based on it. It’s important to trademark and copyright your ideas in order to protect them.

3. Obtain a legal copyright.

Intellectual property can be copyrighted by simply putting the copyright symbol in front of it with your name. However, the Copyright Act covers certain topics that are not so easy to claim ownership of, including architectural and choreographic works. Speaking to a copyright lawyer is the way to go to properly claim ownership of your own work and prevent illegal copying of it.

4. Trademark your property.

A trademark differs from a copyright primarily in the things it protects. While a copyright is usually used to cover a creative work, trademarks are used to protect names, logos, symbols, and other corporate IPs. The process of trademarking a property is lengthy and complicated, so it’s best to consult professional help. You must first search to ensure no similar trademarks exist to the one you want to file; even if an existing trademark isn’t identical, one that is too similar can make it impossible for you file.

5. Remember: registration isn’t absolutely required.

Since 1978, there has been no formal requirement in the United States for copyrighted work to bear the copyright symbol. A novel, for instance, is protected as soon as it is ‘saved’ in a word document. That said, registering the work offers certain protections that proprietary copyrighting does not. A person can only sue over copyright issue if their copyright is registered. The restitution a person may receive for damages will only count after the content is registered, not before.

While it may be an extra step, taking the time to copyright and trademark your property, whether intellectual or physical, can protect it in ways that claiming ownership cannot. Copyright issues can pose a number of problems for content creators or those who want to use content, but knowing how to overcome this problems before they arise can prevent a lot of headaches.

Due to the proliferation of the Internet, social media platforms, and hosting websites, online service providers have often become unwitting hosts to materials that may potentially infringe on the copyrights of another. Likewise, original content creators have also increasingly found themselves to be targets of unjustified DMCA takedown requests. Sometimes these takedown requests are made for anti-competitive or harassing purposes by competitors of the website operator.

The Digital Millennium Copyright Act (DMCA) provides a safe harbor in certain circumstances for website operators, who host materials submitted by third parties that may infringe the copyrights of others. If the copyright owner provides a take down notice in compliance with the requirements of the DMCA and the website operator timely complies with its obligations under the DMCA, it may be shielded from liability for copyright infringement. The website operator can adopt and post a copyright policy to facilitate DMCA compliance. A sample copyright policy is below, which requests that a takedown notice including at least the following information:

• A detailed description of the copyrighted work you believe is being infringed upon description of the location of where the alleged infringing content appears;
• Your contact information (including name, address, telephone number, and email address);
• A statement that you have a good faith belief that the alleged infringing use is not authorized by you as the copyright owner, your agent, or by law;
• A statement affirming that, under penalty of perjury, the information in the notice is accurate and that you are indeed authorized to act on behalf of the copyright owner; and
• An original signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of the copyright as well as to submit the claim.

In addition to the policy, the website operator should register an agent with the United States Copyright Office.

While the above identifies a number of eCommerce and internet law issues affecting compliance with the DMCA, an in-depth analysis may be required. For example, the timeliness requirement for the take down has been a hot litigation topic lately. Additionally, the DMCA applies to copyrights only, and does not currently provide a safe harbor for trademark infringement or patent infringement claims. These type of claims stemming from users of the website can be addressed in the Terms of Use or other website agreement between the website operator and its users.

When an employee is injured while on the clock, they have the option of accepting workers’ compensation benefits through their job. These benefits are meant to help cover the cost of the damages and losses incurred as a result of the accident. This may include lost wages, hospital bills, medical expenses, prolonged therapy, and more. If you were recently injured at work, it is in your best interest to learn what you can about workplace accidents and injury claims so that you may make the right decisions regarding your physical and financial recovery.

If you have not been injured at work, it is still wise to learn these tips so that you are prepared if it ever happens to you or someone you love. Continue reading to learn what you should and should not do in the case that you are injured at work and considering workers’ compensation.

Here’s What You Should Not Do:

Do not hide your injury or fail to report it.

Do not decline medical attention. This can be harmful to you both physically and in terms of filing a claim.

Do not let the company’s case manager into your hospital examination room while you are with the doctor if you do not want them in there.

Do not let the workers’ compensation insurance carrier take too long to approve or deny your injury claim. There are state laws that mandate when they must respond. It is usually within 30 days after the claim is officially filed.

Do not believe your employer if they tell you there is a “minimum period” of employment that you must retain in order to receive workers’ compensation benefits. You are entitled to benefits immediately, no matter your length of employment.

Do not miss or reschedule any appointments that are made by your employer’s workers’ compensation insurance carrier. Missing too many appointments can revoke your right to certain benefits.

When you return to work, do not let your employer place you into a line of duty that violates your work restrictions.

Here’s What You SHOULD Do:

Report your injury immediately, whether you think you need medical care or not.

Demand that a written accident report is made on the spot and be sure to get a copy for yourself.

Immediately seek or accept medical attention.

Retain all paperwork and documentation of your accident, injuries, and medical care. Keep track of all the written restrictions and instructions given to you by your doctor.

If your employer makes any retaliations or threats in regards to your claim, contact the Department of Labor immediately and report the harassment.

If you are unsatisfied with your medical treatment or diagnosis, ask for a second opinion.

If you are denied certain benefits due to a “pre-existing condition”, be sure to protest with the help of a licensed personal injury lawyer.

The divorce rate in the United States is likely to rise over the next five years due to the ten sociological trends that will be outlined below.

These changes will create an abundance of work and opportunities for family lawyers and matrimonial lawyers.

• In a bad economy, some people stay in bad relationships because they feel trapped. In short, they can not afford to leave their spouse. Today’s economy is quite strong. Home prices are rising and the stock market has been on the rise. Many people who are unhappy with their marriages can now afford to terminate these unfulfilling relationships.
• The opioid crisis, the heroin crisis, the increase in alcohol abuse will create a lot of familial stress and will contribute to marital disintegration in America. Interestingly, many private corporations are now investing in drug treatment center to profit from the increased need for these services.
• Domestic violence often coexists with addictions and substance abuse. Spouses in violent relationships will need to be protected by family lawyers and by the criminal justice system.
• The rising number of people who are addicted to pornography, video games and social media will continue to put a strain on marriages and on family life. Many clinicians and attorneys are seeing the impact of these kinds of addictions on marriages and on intimate relationships.
• Laws allowing same sex marriages create more relationships. More relationships means that there will also be more relationships which end in divorce.
• Internet dating has made it very easy to meet, to hook up with people and find another spouse. Consequently, people are not afraid of being alone and will not hesitate to remove themselves from an unhappy marriage.
• The public is now more aware of the value and utility of pre nuptial and post nuptial agreements. Attorneys will need to create more and more of these contracts.
• Infertility treatments are creating many complicated legal issues for couples. Who owns the fertilized eggs is merely one example of the kind of legal issues that this relatively new technology is generating for families and for their lawyers.
• The growth of mediation will simplify and shorten the divorce process and make it easier and less expensive to terminate a failing marriage. Consequently, more people will be likely to utilize the legal system to end their marriages.
• Similarly, collaborative divorce is gaining in popularity and is creating another viable route to divorce for some couples in America.

Immigration lawyers generally help their clients in issues relating to visas, citizenship and other immigration benefits. Not all instances require the services of an immigration lawyer; however, immigration law in many countries is quite complicated and hiring an attorney will save you money, time and the hustle of moving around immigration offices.

Why should you hire an immigration lawyer?

• An experienced and competent immigration attorney understands the law thoroughly and will be up to date with recent changes to the law. Moreover, the attorney will know the right procedures, administrative forms and all requirements to appropriately handle your case.
• You can rest assured that your interests and rights will be well represented and defended. He/she will ensure that you are adequately protected from any form of abuse and exploitation and bar you from making critical mistakes. You’ll also receive regular updates on the proceedings of your case.
• Immigration lawyers have to adhere to the set professional standards and will therefore commit themselves fully to offering quality, accurate and professional services. Their accreditation helps them maneuver the complicated immigration bureaucracies.

How to find an excellent immigration lawyer

A good immigration advocate can impact positively on your case and this is how to get your hands on one:

• Ensure the potential lawyer is trained and licensed to handle cases similar to yours.
• Do some research on the lawyer you’re about to hire and check the reviews he/she has received from clients. Now that will help you make a wise decision.
• The lawyer you intend to hire should give ethical advice while also restraining from illegal practices such as bribing.

When should you call an immigration lawyer?

You will definitely need to seek the services of an immigration lawyer if you encounter the following:

• If you have been deported from the country you were living in and you wish to return.
• If you have committed a criminal offense or have been convicted of a criminal offense and you want to avoid a removal from the foreign country.
• If you are planning to move to another country for work and your employer is not in any way assisting with the immigration process.
• If you are requesting for any form of exceptional benefits that the state would not ordinarily offer to an applicant in your position.
• If you had immigration application denied or refused.
  The list could go on and on but the bottom line is that you shouldn’t hesitate to call an immigration lawyer when faced with any immigration issue.

What to expect from your immigration lawyer

If you have hired a good lawyer, here is what to expect:

• He/she should be respectful, ethical and professional.
• He/she is knowledgeable on the complexities of immigration laws and also experienced to handle your case.
• Charges reasonable fees after providing the estimates in advance.
• He/she works diligently throughout and ensures that your case goes to a successful completion.
• Helps you in making the right decisions, keeps all information confidential and also keeps you posted on the details of your case.

Chicago speed limits vary, and on most city roads it is 30 mph. however, the interstate highways, but for the congested areas accept a 55 mph speed limit. In Chicago at a red light turning right after stopping when there is no oncoming traffic is permitted, yet ensure there are no restrictions posted. In case of doubts, patiently wait for the green. Cameras are installed at most major city intersections to catch drivers running red lights and are the cause to other infractions. Chicago is filled with several one-way streets, particularly in and around, surrounding the Loop, so it is very essential to look for alert signs and also for other cars.

Likewise, the laws for drunk-driving in Illinois is quite strict. Anyone caught with.08 or more blood-alcohol content while driving will have automatically his or her license seized, besides will be issued a ticket. In fact, the home states authorities will also get notified. Drivers having Illinois driver’s licenses may have their licenses suspended on the first offense for three months.

Traveling to Chicago indicates following several rules and one is the passengers must wear seat belts and even children under the age eight may wear the strap in the child-safety seats. This city also does not permit using cellular phones handheld devices and is considered illegal while driving in the city. Of course these restrictions are not the same in the suburbs, it varies. There is a must for the headlights in case you are using the windshield wipers. In Illinois the radar detectors are legal.

Visiting Chicago is interesting, if you are ready to walk short distances. Most tourist attractions are close by that it can be covered by walking or you can use public transportation. But, if you wish to drive here, you must be prepared to accept the rules of Chicago. However Chicago is relatively easy to find your way around as it is logically laid out city. Although there is traffic jams in rush hours and is frustrating as in other large cities, yet you have to accept the fact that the traffic runs smoothly at most day times. Chicagoans are always ready for unexpected delays and one thing is definite that throughout the summer and spring months at least few downtown street or one major highway is sure to go under repair. That is the reason it is commonly told that Chicago has two seasons, construction and winter.

Driving in Chicago, make sure to take a spin along the stretch between the Museum Campus and North Avenue as it is truly stunning. However, do not miss out the posted driving rules. Be prepared always for some taxi occasionally to cut or made an unexpected turn without giving any signal. Generally, on seeing yellow light, the drivers here take speed and so hearing to honking is common, especially if you fail to make a mad dash prior to the light turning red. As expected, the parking price is at premium and street parking throughout downtown is limited for 2 hours, but get a ticket from nominated pay box and stick it to your dashboard.

Real-time vehicle GPS Trackers have different laws that vary from state to state. Each state has a different law, so it is important to check with a lawyer to make sure that placement of the GPS won’t have any legal issues.

General laws

• It is generally legal to use a GPS Tracker if you or the organization own the vehicle that is being tracked, or if you are the owner of the asset.
• It is also usually legal if you are tracking your child that is under the age of 18.
• Usually, it is legal to track a car or asset for legal repossession in the event of a loan or default.
• It is usually illegal to use a tracking device if you are not the owner of the vehicle or if you are tracking a boyfriend or girlfriend in their own car.

Laws in the state of Florida

The state of Florida has tracking laws that can be different from other states.

Florida established a new statute that makes it illegal for somebody to place a tracking device unless you are the owner of the vehicle.

The exception to this law is a parent who is the sole guardian of a child, or if both parents consent to place a tracking device to monitor their child.

Another exception to this law is a person with a disability. This can include an Alzheimer’s patient or somebody suffering from dementia.

Using a GPS Tracker illegally in Florida is a second-degree misdemeanor. This can lead to an excessive fine or up to six months of jail time.

It is very important to verify your state laws prior to placing the tracking device. Each state has unique laws so even though it may be completely legal in one state, it can potentially lead to jail time in another state.

The general rule of thumb is that if the vehicle is in completely in your name, you should be permitted to place a GPS Tracking device to monitor the vehicle. However, if you are placing the GPS Tracker on somebody else vehicle, it is most likely illegal and can result in a fine or possibly even jail time.

Again, these laws are state specific so it is very important to consult a lawyer prior to purchasing a tracking device. The laws are also constantly changing in every specific state in the U.S., and it is important to check your state laws before purchasing and activating any GPS Tracker.

When you are learning about public defense, the first question you are likely to ask is, “What is a public defender?” So let’s not waste anytime answering this question, and many more frequently asked questions about public defense lawyers. A public defender is a criminal defense lawyer that works for the state and paid by the government. They provide free legal representation to defendants that are facing criminal charges that are punishable by jail time. Continue reading to read more common questions and answers just like this one!

Do Defendants Have to Pay for a Public Defender?

No, clients do not pay. However, a judge must decide that a defendant qualifies for public defense before one is appointed to them. In cases that a person is fully capable of paying for a private representation, they may be denied state assistance.

Is a Public Defender Less Qualified Than a Regular Criminal Lawyer?

No, both public defenders and private criminal attorneys are equally qualified in terms of education requirements, certifications, and licensing. The only difference is the level of skills and experience of each person.

Should I Use Public Representation or Hire My Own Lawyer?

Although public defenders are equally qualified doesn’t mean they are the most promising option for defense. Since they work for the state, their case loads are extremely rigorous and overflowing. This means they only have a limited amount of time to spend on each case. A private attorney can provide personalized representation to ensure you avoid the maximum penalties if convicted of your charges. Whether you are facing a petty charge like shoplifting, or a major charge like manslaughter, private counsel is the best choice, no matter the price. You can’t put a price on freedom, after all.

Can a Public Defense Lawyer Reject My Case?

If you are indigent and cannot pay your bills as they come due, it would be both unethical and illegal to have your case rejected since it is a violation to your Constitutional rights. Although a case can be handed over from one lawyer to another, it cannot be rejected and ultimately “skipped over” or denied. A person who is entitled to free representation will get it, no matter what.

Can I Request a New Lawyer?

If you are found to be eligible for state defense, you will be assigned a lawyer by the court. If this lawyer does not meet your expectations or recover the plea arrangement that you wanted, you do not have any options. Unless you can prove to a judge that your current lawyer is somehow violating your right to adequate representation, you cannot switch or be appointed a new one. Inadequate representation includes scenarios like missing appointments, failing to meet deadlines, forcing you to a certain plea, not informing you of case status and court dates, and ignoring critical evidence. And if you choose to appeal your conviction, you must hire private representation anyway, so asking to switch at that point wouldn’t be necessary.