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Step parent adoptions are quite common these days and not as complex as many people think.

The fact of the matter when it comes to step-parent adoptions is that they are a whole lot easier and faster than other forms of adoption. This is because many of the states tend to bypass the home-study requirements as well as the waiting or adjustment period.

“It’s best to check these issues out with a highly-skilled family law attorney because there are also some states that mandate the custodial parent has to be married to the step-parent at least one year before adoption is allowed to proceed,” indicated Gerald A. Maggio, of the Maggio Law Firm in Irvine, California. In these instances, only the step-parent is allowed to petition to adopt the children. The custodial parent is not a part of the process in terms of the application, etc.

To start a step-parent adoption the first thing that needs to be done is to find out the applicable laws in the state of residence. An expert family attorney that handles this kind of work will have that knowledge at their fingertips.

In the alternative, researching online will also answer some of the questions that might arise. “While this might be the route that makes the most sense in terms of finances, some states require the adopting parent have legal representation,” outlined Maggio. A skilled family attorney will also know where to source case law that will assist with the adoption process and help getting the adoption application approved.

Make sure the right court system is accessed to proceed with a step-parent adoption. Depending on the state, this could be probate court, family court or even juvenile court. The court is responsible for handing out the adoption information paperwork. If it happens to be pre-packaged then all the information should be available in the package. If not, the first thing to ask is if legal counsel is required.

Make sure all the proper forms are filled out prior to filing. A skilled family attorney will assist in completing the documentation. In fact this is the smartest thing to do since most of the legal forms are confusing to someone who isn’t an attorney.

“There are many other things that need to be done to finally complete a step-parent adoption and a good family attorney will outline what those steps are in order to make the whole procedure go smoothly,” explained Gerald A. Maggio, of the Maggio Law Firm in Irvine, California.

To learn more about the Maggio Law Firm visit Maggiolawfirm.com.

Considering a prenuptial agreement prior to marriage and feel it shows a lack of trust? On the contrary, it’s a smart move.

These days, more and more Americans are opting to have a prenuptial agreement drafted prior to marriage. “Premarital agreements, also known as prenuptial agreements, are a smart move to protect your assets going into the marriage,” said Gerald A. Maggio, of the Maggio Law Firm in Irvine, California.

Once upon a time these agreements were regarded as a lack of trust in the other party, regarding the upcoming marriage. Nowadays, those about to be married, particularly those who are older or on second marriages, realize the value of having a premarital agreement in place should anything go sour later. In addition, prenups are for the protection of both spouses, not just the one with the most money.

Are prenups “unromantic?” “Perhaps in some respects they are, but not signing one in the State of California means the marriage would then be governed by a convoluted set of rules known as the California Family Code. What all this legal jargon boils down to is that either the people planning on getting married choose their own rules to live by, or live by the rules of the State. Most people prefer living by their own rules,” added Maggio.

Of interest is the fact that Jewish marriages have traditionally called for a prenup called a Ketubah. It is considered the whole foundation of marriage in the Jewish culture. The Catholic Church also has a similar idea, called a “Prenup Dialogue” as part of their marriage preparation courses called Pre-Cana. The bottom line here is that prenups prepare people for the marital journey ahead of them. “Talking about money ahead of time may save heartache later,” explained Maggio.

While it might cause a few moments of utter stress as the negotiations for a prenup get started, the whole process may result in a surprising turn of events. It may actually strengthen a relationship in that both sides need to be brutally honest and open about how they handle money and plan for the future. Knowing the rules going into the marriage is far better than being surprised later by rules no one was aware of and disagrees with as well. This only makes good common sense.

“When in doubt, make certain to have a consultation with an expert family law attorney who will outline what is required for a prenup in the State of California and how the prenup may be affected by California community property law,” suggested Gerald A. Maggio, of the Maggio Law Firm in Irvine, California.

To learn more about the Maggio Law Firm visit Maggiolawfirm.com.

In any child custody dispute in California, mediation is mandatory per California Family Code 3170.

Mediation is considered to be a form of alternative dispute resolution and it is this form of resolving differences of opinion that is used in California to settle child custody and visitation disputes. This lets the parents have the chance to try and get their differences sorted out without having to go to court and have the judge intervene in the affair.

Mandatory mediation means that if you file for an Order to Show Cause hearing requesting initial child custody and visitation orders or modification of existing custody/visitation orders, the court orders that the parties attend a mediation session at the courthouse on a date prior to the hearing date.

When it comes to mediation, there aren’t too many mysteries, as it’s a fairly straightforward process. Both sides get to discuss their problems and concerns, and the mediator helps them meet in the middle and find a resolution that works for both parties. Put another way, the whole purpose of mediation in a nutshell is to assist the parents embroiled in a child custody argument to resolve their disagreements and focus on creating a parenting plan that is in the best interest of the children.

Just because mediation is considered to be mandatory doesn’t always means that the process will work. Some of the cases that do come to mediation in California are far too complex or communications have totally broken down between the divorcing couple and they refuse to speak to one another.

There are other instances when even though a mediation agreement has been signed, the other party changes their mind. The agreement may be altered if a written cancellation request is given to the mediator. Rather than take any chances that things may go wrong at this stage, it’s wise to consult with an expert family attorney to find out what is required to cancel and what time constraints you may be under.

While mediators can do a lot of things, there are just as many things that they cannot do. It is for this reason that you should speak to a highly qualified attorney and find out the limits of mediation. If mediation doesn’t work, then there is always recourse to the courts. Just bear in mind that particular route does cost more and needs expert legal representation.

It is highly advised that you consult with a California child custody attorney to prepare you for your mediation, because each county handles custody mediations differently. In Orange County, for example, if nothing is agreed in mediation, that is the end of it and the parties continue to hearing.

In the Inland Empire, such as Riverside and San Bernardino County, even if the parties are unable to work out an agreement in mediation, the mediators there are empowered to make custody/visitation recommendations to the judge, based on only having met with the parties for one hour. The court can and often times does adopt those recommendations as a court order! So it is extremely important to take the mediation seriously and is also why having skilled legal counsel is highly advised.

Renee Cary writes for Irvine divorce attorney, Gerald Maggio of The Maggio Law Firm. To learn more about Irvine divorce lawyer, Gerald Maggio visit Maggiolawfirm.com.

The courts look at marriages like partnerships in the State of California, so when it comes to divorce, spouses are co-owners.

If you live in California and are contemplating or about to actually file for a divorce, you need to be aware that California is a community property state, one of only nine like it in the United States. Community property means that spouses are regarded as co-owners of property, like being in a partnership.

There are three categories that married spouses may fit into when facing a divorce in California, the first being community property; the second being separate property; and the third being quasi-community property. Why the different categories when a couple is getting divorced?

The category the property happens to fall into controls how it is divided when the divorce is final. For instance, California’s community property law says community property is considered to be “all” property, no matter where it is located, that was acquired by the married couple while they lived in California. If the property is located within California, the California law classifies such property as community property. If the property is located outside the State of California, it is called quasi-community property.

Generally speaking, the couple both own property that they bought between the time they were married and the day they separated. Each of them owns a one-half interest in that property. This is what is referred to as community property, with both people owning it at the same time.

On the other hand, separate property is property that either spouse owned “before” the marriage or after separation. Or, it might also be assets that were received during the marriage as a gift or an inheritance. An example of this might be if a relative gifted an ancestral home to the wife. That home is then hers and is considered to be separate property at divorce time.

On another note relating to separate property: if any money is earned from that property, it is considered separate. However, if income is generated by both spouses and it is not related to the separate property, it is community property and it doesn’t matter if the money is in separate bank accounts.

Things tend to get a bit complicated when it comes to the quasi-community property category. The law looks at that as all property, no matter where it is located, or if it was bought before or after the operative date of the community property code. Wait, it gets worse, as here are the various ways property may be acquired: by either partner while living someplace else, which would have been community property if the person who bought it had been living in California when it was purchased; or if the property was acquired by exchange, then it would have been community property if the person who exchanged it had been living in California when the property was exchanged.

Talk about confusing to say the least. So to simplify things a bit, typically quasi-community property means a property acquired by a couple when they lived in an equitable distribution state prior to living in California. Once they move to California, their quasi-community property is treated like community property.

There’s one other thing that divorcing California couples need to know and that is that there are instances where separate property may become community property during the course of the marriage. To say this would come as a really unpleasant surprise is an understatement.

If you are contemplating filing for a divorce in California, make sure you hire an expert divorce lawyer who will outline the details about community property and guide you through the tangled divorce process.

Renee Cary writes for Irvine divorce attorney, Gerald Maggio of The Maggio Law Firm. To learn more about Irvine divorce lawyer, Gerald Maggio visit Maggiolawfirm.com.

While it may seem difficult to comprehend, men are also entitled to maintenance as the result of a divorce settlement if the circumstances merit it.

There are a lot of people who think that a man applying for and getting spousal support is ridiculous and not fair. In reality, if the man happens to make less than the female, he is entitled to apply for the support. It’s interesting that a great many couples facing divorce think this is outrageous and that support should only be paid to the female. The actual bottom line is that if one spouse is able to get support from their about to be “ex,” then the other spouse is entitled to the same thing.

Aside from the equity questions involved in a situation such as this, it only makes sense that the husband be able to get spousal support. Even though initially, when both people got married, they never bet the farm on having to face such complex and upsetting issues, they are a reality in today’s society; more so since the nation is in the midst of a major recession.

Those who have lost their jobs need to find ways to stay afloat as best as they can. If they are in the middle of a divorce situation and spousal support is an issue and the woman’s net worth and income are higher than the man’s, he is entitled to support. In other words there needs to be equality under the law – equal treatment. If the wife is able to get it, then the same should be the case for the husband.

Interestingly enough, the inequity and imbalance of “rights” in a marital breakup also seem to extend to some women who are wondering why the father has a right to share equal time with children because after all, the mother is the central figure in the child’s life. While it may be the case that the woman bore the children, she didn’t do it without the help of the father. In the eyes of the law, the father has equal rights to see his children – unless of course there are extenuating circumstances why this should not be allowed.
The bottom line here is that if a couple gets divorced, there are certain rights each of them have, whether or not they used those rights when they were married or not. For example, just because a father or mother didn’t spend equal time with the kids when the couple was married does not erase the rights they have in divorce; to spend equal time with the children – if the parent is willing and able to do that.
The days of double standards in the divorce court arena are long over, however much of this equality in treatment seems to have escaped the notice of those in the middle of divorcing. Odd that the foundation of the law is equal rights accrue to all, when those seeking equity at the hands of the court don’t believe in equity themselves.

To learn more about Dayton divorce lawyer, Dayton dui lawyer, Dayton defense lawyer, Dayton divorce attorney, Dayton dui attorney, Dayton defense attorney, Dayton attorney, Dayton lawyer, Dayton ohio, visit Denslowlaw.com.

There is no doubt that the bigger they are, they more damage they cause when involved in a crash.

It doesn’t seem to make any difference how wide the highways are these days to allow for more traffic and larger vehicles. The problems are still the same old ones that existed when the highways were only four lanes instead of six or eight. Smaller cars and other vehicles are at a supreme disadvantage when it comes to sharing the roads with big rigs.

The larger trucks can weigh as much as 80 thousand pounds (40 tons) fully loaded and depending on what they are carrying. That is a lot of truck and it definitely does not stop on a dime. The facts are that it takes the entire length of a football field for a large truck to come to a full stop.

There are actually a wide variety of large trucks on the roads these days including 18-wheelers, tractor-trailers, tanker trucks, garbage trucks, dump trucks and tow trucks, and armored security vehicles. Put one of these behemoths beside a car and the car is dwarfed. If an accident does happen, not only is the driver of the truck considered to be liable, but so is the owner of the truck if they happen to be different.

Car drivers have to realize that piloting a large truck is a whole different proposition than driving a car. Thanks to its oversize proportions, truck drivers automatically have a greater responsibility to drive safely and be alert and aware of what is going on around them at all times. Did you know that regulations require truckers to have a Class A license and be prepared to submit to random drug and alcohol tests plus background checks? Contrary to popular belief, trucking companies really don’t just stick anyone behind the wheel of a huge truck and turn them loose on American highways.

Unfortunately, truck crashes are often fatal and if the statistics are any indication, the numbers of deaths due to large truck crashes are growing every year. In 2008 alone, fatal crashes on the highways that involved a big rig totaled over 34,000. The wide range of causes for the deaths included speeding to meet deadlines, inattention, fatigue, mechanical problems, prescription drugs, and poor weather and road conditions.
Just because trucking is a vital industry and the country depends on the prompt delivery of various items on time does not excuse a speeding truck driver, trying to meet an unrealistic deadline, who gets involved in a multiple vehicle crash. Big rig drivers need to take the responsibility to be safe on the road and watch out for other drivers.

When the consequences of a truck accident results in severe injuries or death, a skilled truck accident lawyer helps victims fight for their rights to just compensation. Choose the proper legal counsel to help seek justice.

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Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.

While you may want a divorce so badly you can taste it, the present economy isn’t in a state that will allow people to set up two households.

Getting a divorce is not an easy thing to do, ever. You started out married life with high hopes that over time were dashed. When the economy was doing well and you have enough money to go around and then some, it was easy to split and each get your own homes. With the economy the way it is now, this is not possible. In fact, many people wanting a divorce are now opting to stick it out until the recession begins to show some signs of winding down. This means many couples at war with one another are sharing houses and living in misery.

Why not strike out on their own despite the economy? It’s not that easy these days with the high cost of homes and the number of people facing foreclosure and bankruptcy. However having said that, there are other alternatives for couples at odds with one another and they include mediation and a negotiated settlement. For those living at opposite ends of the house, this may be welcome news – sort of like light at the end of the tunnel. Even individuals who do succeed in getting a divorce in a fairly amicable way are finding it’s economically better for both of them to stay in the same house until the market gets better and they can sell it, splitting the proceeds.

Times are definitely changing and the question is whether or not this is good or bad. That would largely depend on one’s point of view. Those who are able to tough it out and make it until the recession lifts may stand to make some money and be able to eventually go their own separate ways. Those who decide they absolutely are unable to stand each other will make the choice to lose the home to foreclosure because they simply could not live together, no matter what.

This “let’s stick it out” attitude is quite evident when you take a look at the current divorce statistics, which happen to be the lowest since 1970. That says something about the state of the economy, but it also says something about the difficult circumstances many beleaguered couples find themselves in today. Fear is prevalent in many instances where the parting couple takes a good hard look at their assets and the ability to liquidate them, and realize they really don’t have any room to move.

At one time it was easy to sell a house for some decent dollars, walk away with money to spare, and get on with setting up a new life. This definitely isn’t the case today. The mood is one of desperation and people trying to stick the other spouse with the “hot potato” house to get out from underneath the crushing debt. The dream home is now a significant liability.

Even if you are opting to stay together until the economy takes a turn for the better, it is a wise move to consult with an attorney to know what your rights are before you make any decisions. It is money well invested for your future when things get better on the housing market. Never assume that because you can’t sell your house and leave the marriage right away that there aren’t other options that may be open to you. A good divorce attorney will be able to advise you on alternative routes that might work for you and your about to be “ex” spouse.

Jeremiah Denslow is a Dayton Divorce Lawyer in Dayton Ohio with Denslow Law Firm. The firm specializes in family law. Jeremiah also practices Dayton criminal defense. To learn more about Dayton divorce lawyer, Dayton dui lawyer, Dayton defense lawyer, Dayton divorce attorney, Dayton dui attorney, Dayton defense attorney, Dayton attorney, Dayton lawyer, Dayton ohio, visit Denslowlaw.com.

Collaborative law is another alternative method for dealing with divorcing couples in Ohio, and it’s a way to streamline the case load of the courts.

This interesting alternative was first launched in Minnesota by an attorney in the early 1990s. The key element of collaborative law is that it needs a formal commitment from both of the parties involved in a divorce to find a resolution to their differences cooperatively rather than pursue litigation. In Minnesota, this practice is actually included in the General Rules of Practice.

The attorney who started this move to an alternative method of settling disputes, Stewart Webb, came up with the idea because he was totally frustrated with the way the courts were handling such cases. Traditional litigation wasn’t solving the root cause of the problems, court costs were escalating and the courts were being backed up with cases that had the potential to be solved another way; collaborative law. This approach will actually be enshrined in Minnesota law as the Uniform Collaborative Law Act. While this is still not a reality, in actual fact, the practice of collaborative law has been making its presence felt across the nation, and even in Ohio.

The beauty of this particular approach is that it standardizes the most essential/core features of the total process. It eases the crushing burden on the court system and in this recession, reduces the overall cost of obtaining a divorce, while still protecting both spouses involved in the process. It allows couples at war with each other to find a way to resolve their differences and get a settlement without spending a large sum of money on hostile litigation.

Although this form of law is practiced in Ohio, there are still some concerns relating to confidentiality; the same type of confidentiality that mediators are used to having. Collaborative attorneys don’t have this aspect formally in place for their endeavors. This evidently is something that has yet to be worked out. In reality, Ohio divorce lawyers who use the collaborative approach maintain client confidentiality and keep the resolution process in confidence as well. The whole process is an open door to very blunt and honest conversations in order to resolve underlying disputes standing in the way of an equitable divorce.
If the contentious issues are settled in a collaborative manner, the whole case is kept out of court. However, if a divorce case does fail in the collaborative process both lawyers for the parties are required to withdraw as the case would then proceed to litigation. As you may well imagine, having to find and retain two new attorneys to litigate the divorce would cost the couple time and a lot of money.

Prior to either party entering into the collaborative divorce process, each has to be fully informed about what it means and the possible consequences if the discussions fail. This means attorneys who offer this kind of alternative service need to educate their clients on how it works and also make an assessment as to whether or not the case would fit within the parameters of collaborative law guidelines. In other words, if the parties can’t find it within themselves to talk openly to each other, collaborative law won’t work.

The really interesting thing about this new approach to solving legal matters is that it is currently being used for employment disputes, some medical malpractice cases and probate matters. When you are faced with a divorce and want to know what your options are in Ohio, ask about the collaborative law process and find out if your attorney thinks your case may be a good candidate for resolution by this route.

Jeremiah Denslow is a Dayton Divorce Lawyer in Dayton Ohio with Denslow Law Firm. The firm specializes in family law. Jeremiah also practices Dayton criminal defense. To learn more about Dayton divorce lawyer, Dayton dui lawyer, Dayton defense lawyer, Dayton divorce attorney, Dayton dui attorney, Dayton defense attorney, Dayton attorney, Dayton lawyer, Dayton ohio, visit Denslowlaw.com.

If it isn’t one thing, it’s another, when working on a job site that is fraught with various hazards.
For people whose job it is to work with dangerous chemicals, one of the worst ones to handle is sodium hydroxide. The reason for this is that it is known to be one of the strongest and most corrosive alkalines, most commonly referred to as lye or caustic soda.

While the substance may look harmless and is odorless, it is highly reactive. Its signature is its ability to form an exothermic solution with water which creates heat. The resulting heat may have the potential to ignite any materials within its proximity. If this isn’t bad enough, caustic soda’s reaction with other metals produces hydrogen gas that ignites in the presence of oxygen. To say that working with this chemical is dangerous is a major understatement.

It’s not hard to find this compound in just about any manufacturing plant as it is commonly used in multiple industrial processes. One would no doubt recognize that lye is used in making soaps, detergents and cleaning agents. It is also used to process cotton and in the making of rayon and cellophane, all common objects found in many American households. It’s also used to process petroleum and natural gas, make pulp and paper, is used in textile processing, water treatment, the making of glass, creating adhesives, processing aluminum, degreasing metals, and vegetable oil refining. Its very versatility makes it a popular, but deadly chemical to use.

Ask any scientist that works with chemicals knows about sodium hydroxide, so get ready for a long litany about how deadly this chemical can be and how it must be handled with extreme caution. Inhaling it causes a lung injury called pulmonary edema (fluid accumulation in the lungs). Side effects include coughing, a tight chest and difficulty breathing.

If this compound comes into contact with exposed skin it results in scarring, ulcerations and severe burning as the chemical keeps eating through layers of skin until it is washed off. If prompt action isn’t taken, the severity of the resulting injury increases exponentially. There are other debilitating damages a worker may sustain while working with lye, but the greatest concern is the consequences of long-term exposure to this deadly chemical.

For workers who feel they have sustained a permanent injury from working in the presence of lye, contact an attorney with experience with workplace injuries, hazardous substances and workers’ compensation law. The case will be discussed in detail in order to determine how to proceed to file for damages. Don’t wait until it’s too late to file a claim. Justice delayed is justice denied.

To learn more about Dayton divorce lawyer, Dayton dui lawyer, Dayton defense lawyer, Dayton divorce attorney, Dayton dui attorney, Dayton defense attorney, Dayton attorney, Dayton lawyer, Dayton ohio, visit Denslowlaw.com.

Setting up the right type of business entity in Nevada is crucial for a lot of good reasons.

Just because someone had the bright idea to set up a business in Nevada doesn’t mean all the details can be immediately put into action and the business open within a month. While that might be a nice dream, the practical reality is that there are a lot of hoops one needs to go through to set up.

The initial start up process isn’t so difficult to handle as it usually involves, among other things, choosing a name, deciding what to sell and how to do that, and where the business should be located. This is all the fun stuff, but the other side of the coin is that there needs to be a decision about how to legally set up the operation. Should that entity be a corporation or a limited liability company?

These kinds of questions are not ones that an individual unfamiliar with business law should try and answer on their own. It’s well worth the money to hire a highly skilled business lawyer to assist in the process of starting a company. Or to put this another way, it would be downright foolish to not hire a business lawyer to help navigate the maze of rules and regulations that apply to new companies in Nevada.

A great number of Nevada companies have incorporated for a variety of reasons, such as there is no corporate income tax, no taxes on corporate shares, and no personal income tax. Those are distinct advantages to starting up a company and incorporating it. However, there may well be another kind of business entity that would better suit the needs of a new company – be it sole proprietorship, limited liability or a corporation.

Forming a limited liability company (LLC) in Nevada has a whole lot of advantages going for it as compared to trying to form an LLC in another state. Nevada’s costs for forming LLCs are very low and the lack of any corporate income tax is very appealing to entrepreneurs. Another reason for the popularity of an LLC in this state is that they offer shareholders and corporate directors almost unheard of protection against personal liability.

To get an LLC filed in Nevada there are several documents that need to be handled – an Articles of Organization or Incorporation with the Nevada Secretary of State and an employer Identification Number/Federal Tax ID.

The articles are used by the State Secretary to create the fledgling LLC. It is a wise idea to read the operating agreement and bylaws prior to actually forming the company in this manner. The agreement and bylaws offer detailed information on how to form an LLC. The employers Identification Number/Federal Tax Id are run of the mill regular documents that all companies need sooner or later.

Setting up an LLC in Nevada means also listing the officers and members of the company. This may be filed directly on the Nevada Secretary of State’s website. Any filing fees for this form are paid to the Secretary. If by chance the applicant wants their corporation to be an S-Corp, they’ll need to file the right form with the IRS promptly.

There are other advantages to setting up business in Nevada that a good attorney will be happy to explain to the prospective owners, not the least of which is guaranteed anonymity, as the shareholders and directors of Nevada corporations are not named in public records nor will the state government share any information with other states.

To learn more about
Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.