If you are going through a divorce in Texas, it is important that you understand the various financial implications that this event will have on your life. An experienced family lawyer in Texas can discuss the laws in Texas that may impact your divorce and provide you with targeted legal advice during this process.

Dividing Assets and Debts

Texas is a community property state. Texas courts presume that all property and income you acquired during the marriage is community property and equally belongs to each spouse. Therefore, courts in Texas will generally equally divide the assets a couple has during a divorce, as well as their debts.
A divorcing couple can reach an agreement regarding how they want to divide their property and debts and ask the judge to approve this arrangement. However, if they are unable to reach an amicable agreement, the court will have the authority to divide the assets and debts during the divorce case.
The court first classifies property into two categories: separate property and community property. Separate property includes property that belongs to one spouse, such as the property that was acquired before the marriage or a gift given to just one of the spouses. Community property is everything other than separate property that was acquired during the marriage, including income.

Community property often includes:

• Real estate
• Business interests
• Automobiles
• Money
• Financial accounts
• Retirement accounts
• Furniture
• Personal belongings like clothes

Community debt is any debt that either spouse incurred during the marriage. It is important to understand that regardless of how a divorce decree is worded, it does not affect a creditor’s right to pursue compensation from either or both spouses.
A family law attorney can help explain which assets and debt are subject to division and which are not.

Retirement Accounts

Retirement accounts are often considered community property and subject to division, even if the spouses have not retired. These accounts can be very valuable, so it is important to consider them during a divorce in Texas. Retirement accounts may include:
• Military retirement plans
• Pensions
• 401(k) accounts
• 403(b) accounts
• Individual retirement accounts
• Profit sharing plants
• Keogh plans
• Stock option plans
• Employee stock ownership plans
• Annuities

To receive a portion of your spouse’s retirement account, you must ask for this relief during the divorce process. Additionally, you must obtain a Qualified Domestic Relations Order from the judge so that the retirement plan administrator will have the authority to divide the account.

Child Support

The court may order the non-custodial parent to pay child support to the custodial parent. The amount of child support depends on how many children are involved in the case and the net resources of the paying parent. The paying parent pays a certain percentage of their net resources for child support as follows:
• 20% for one child
• 25% for two children
• 30% for three children
• 35% for four children
• 40% for five children

For More Information
If you would like more information on how to divide property during a divorce, would like to speak to a knowledgeable family lawyer in Texas or want tips on handling financial matters involved in your divorce, visit www.bdwilliamslaw.com today.

Brian Williams
www.bdwilliamslaw.com

If you are conducting any construction in Orlando, you need a construction attorney. This resource is vital when performing construction due to the highly dangerous nature of construction projects and the possibility of litigation. You cannot go without an attorney when undergoing a construction project if you want to be protected from OSHA complaints as well as client complaints. Christopher Weiss, Board Certified Construction Attorney, is here to assist you when it comes to all of your legal needs regarding your construction project in Orlando.

OSHA Compliance and Complaints

If you have a complaint or an OSHA compliance issue resulting from an injury or death in the workplace, you will need a construction attorney to assist your case. Our firm has extensive experience with OSHA compliance issues and can defend your company. Having a death or injury on the job at a construction site is a serious issue, and it is a worry that is always present. If an event occurs, you will need an attorney to handle your claim, and, if necessary, take your defense to court.

We are highly experienced in workplace safety issues and can stand in your defense if you experience a claim or an OSHA investigation brought on by a complaint. We will always attempt to negotiate a fair settlement and reduce your risk of loss and will take your case to court if necessary. These types of solutions are not feasibly navigated alone, and you will need legal counsel to help you reach the optimal outcome.

Civil Disputes or Litigation

If you experience a civil dispute, you need an attorney to help you. Civil disputes may be accusations of breaches of contract, of negligence, or insurance claims based on your construction work. These types of requests need legal representation to help reach an outcome that will not bankrupt you. Our firm is very experienced in these types of claims and can step forward to help defend you in these cases.

Civil disputes can be lengthy and costly due to the subjective nature of many claims, and the effects can be devastating to your reputation. It would be best if you had a construction attorney that can keep the demand from impacting your reputation, and that can resolve the issue quickly and without causing you undue cost or stress. If you are accused of negligence or malpractice when it comes to your construction work, you need an attorney on hand that can help you recover from and refute the claims quickly.

Contract Disputes

If you experience contract disputes with your client, the government, or shareholders, a construction attorney can help you resolve these disputes without loss of contract or work. These types of arguments can be highly stressful and disruptive to your work, and you will need an attorney to help resolve them professionally and quickly.

Working with an attorney when it comes to contract disputes can make the process pass by much more quickly and can help you recover your contract without needing to spend your time disputing the issue. Our firm can represent you and challenge the problem on your behalf, making your experience much easier and getting you the best result when it comes to your dispute and ensuring that you keep your contract as negotiated or on better terms.

Christopher Weiss
www.cweisslaw.com

When a person is injured in a car accident and the case is not quickly resolved through settlement, he or she often has two choices about how to proceed with the case: mediation or litigation.  These processes are very different from each other in meaningful ways, including:

1. Mediation is a collaborative process

Mediation is a collaborative process in which both parties are encouraged to work together to solve a dispute.  In litigation, the parties are treated as adversaries with competing interests.  Because mediation encourages the parties to confront an issue together, they are often able to reach an amicable decision about the case in a fraction of the time than would be possible by asking a court to decide the matter.

2. Mediation is less expensive

Mediation does not involve all of the expensive costs associated with litigation, such as expert witness fees, discovery costs and attorney fees.  The parties can choose to be represented by counsel if they would like so that their rights are protected.  Because mediation often helps to resolve the case faster, the parties can still save on the amount they pay in legal fees since their lawyers will not have to spend as much time on the case.  

3. The parties talk face to face

When a case is brought to court, the parties have no direct interaction with each other.  They may each testify and give their point of view, but they do not talk directly to each other.  In mediation, the parties may talk face to face, which make the case feel more human and approachable.  

4. The parties are the decision makers

In litigation, a judge or jury makes the final decision about a case while the parties make the decision in mediation.  A third-party neutral mediator helps guide the parties toward settlement, but the parties ultimately decide whether or not to settle the claim.

5. Creativity is key

Because the parties get to decide their own outcome of their case, they can reach agreements that are rooted in creativity.  For example, they might agree for a settlement to be made through an annuity or agree to continued medical payments.

The mediation process is particularly suited to certain types of disputes. It has long been used in family and business law matters because these parties must learn how to move forward after a conflict. Boating accident cases may involve similar dynamics when victims are injured while traveling on a boat owned by a family member or friend. The mediation process is a collaborative effort by both parties to work toward a mutual resolution so that they can amicably solve the problem together and move forward in their relationship.

Mediation also provides significant benefits to parties embroiled in a dispute. Mediation often resolves a case much faster than the litigation process. The parties may be able to avoid some of the expenses related to personal injury litigation, including discovery expenses and the cost to retain expert witnesses. The parties can engage in the confidential mediation process without having to make the conflict public or reveal private medical information about the victim.

Another reason why mediation is perfectly suited for boat accident cases is that the parties can mutually agree on which laws to apply – or not apply – to the case. Boating accidents may involve complex maritime laws, but the parties may be able to resolve their issue without having to turn to these laws.
Because the parties are often able to resolve their dispute in mediation, the victim can usually receive a settlement check much faster than would have been possible through litigation. The insurance company benefits by having a certain outcome instead of having to speculate about what a judge or jury might decide. Also, mediated agreements are typically upheld, which can prevent additional long, expensive and frustrating appeals processes.

No spouse enters into the decision to get a divorce lightly, but some may be surprised to learn of just how impactful divorce can be. If you are contemplating divorce, here are seven things to consider.

1. Is there any way to save your marriage?
You may think that you have communicated your concerns with your spouse, but does he or she really know how dire the situation has become? Have you tried individual and couples counseling? Have you talked about negotiating things in your household that would remove the strain on your relationship, such as renegotiating your roles or household duties? Divorce has a major impact on your finances, living arrangements, children and future. Before you take the next step in the divorce process, really consider if this is what you want and whether there is any way to avoid it.

2. How will the divorce impact your children?
It is well documented that divorce can have a big impact on your children. Their emotional development may be affected, along with their relationship with their parents. For these reasons, many parents stay in a marriage for longer than it is healthy. However, there are things that you can do to make the divorce process more amicable and to minimize its impact on your children, such as refusing to badmouth the other parent in front of your children, providing continued access to the children during the divorce process and trying to focus on their best interests.

3. Are you prepared for the financial stresses that a divorce may bring?
Divorce has a huge impact on your finances. Your income must now go to support two households. Your retirement plan may be subject to division, making it particularly difficult to recoup for older married people. Start thinking about the potential financial impact of divorce and ways that you can minimize it.

4. Can you put aside your anger for your own best interests?
Your spouse has probably done many things to upset you and you are likely justified in feeling angry or resentful towards him. However, responding in an angry fashion during your divorce by making unreasonable demands, fighting over every conceivable issue and not complying with the court’s orders will only hurt you more in the long run. Can you seek help from a therapist or support group so that you can keep things in perspective? Proceeding in an amicable fashion can reduce the time and expense involved in the divorce process, making it easier for you to move on.

5. Can you be patient?
The divorce process can be long and tedious. However, there may be some ways to speed up the process by being organized, promptly providing the information your lawyer requests and reaching an agreement with your spouse out of court. Nonetheless, this process will require you to be patient for the final decree to be entered.

6. Are you ready for divorce?
Along with preparing emotionally for divorce, you will also need to start gathering important documents to help your lawyer prepare the necessary legal documents. Start gathering documents related to your assets, deeds, titles, mortgage documents, credit card statements, pay stubs, tax returns and documents related to your children. This will go a long way once you start the divorce process.

7. Do you have a trusted divorce lawyer on your side?
It is important that you have a strong legal advocate on your side that will look out for your best interests during this pivotal time. Contact Robin E. Welch for help with your divorce.

For more information:
If you want to know more about divorce or other family law issues, contact Attorney Robin Welch at 831-540-5163 to discuss your case.

Robin Welch
http://205.134.255.159/~robinwelch/

Mediation can be an effective way to resolve an insurance claim when you do not want to litigate the case. If you are trying to protect the insurance company or if you are representing the plaintiff in a personal injury lawsuit, it is important that you have a firm understanding of the fundamental legal issues that may be part of the mediation process. Our mediators have more than 45 years in this realm helping parties reach mutually satisfactory agreements that resolve insurance claims. Below, we discuss some of the most common legal issues you may confront in mediation.

Continuous Loss Claims
In continuous loss claims, it is vital that all relevant insurance companies have been notified of the claim and that they are brought into it when necessary. This can ensure that your client receives compensation from more than one party or that the liability is spread between other insurance companies. You will want to investigate which insurance policies are involved in the case and obtain copies of these policies before mediation so that you can get a better idea about which policies may apply to the case.

Intentional Acts

If part of the claim is barred because of the insured’s intentional act but there were innocent co-insured parties, it is important that you are able to flesh out the potential damages that are still at play in the claim. You will need to analyze each insured’s coverage to ensure that you are complying with the terms of the insurance agreement while also minimizing the potential payout you make to the insured.

Bad Faith Claims
It is not uncommon for a plaintiff’s attorney to allege bad faith if he or she files a lawsuit. This is because, if successful, the amount of damages increases, as well as his or her ability to obtain attorney’s fees for a successful claim. Additionally, a bad faith claim can help provide a plaintiff with leverage when the claim is weaker due to liability or comparative negligence issues. Be sure that you have a clear understanding of bad faith insurance law and that you can successfully argue for or against it, based on your client’s objectives.

Umbrella Policies

If the case involves potentially relevant umbrella policies, be sure that you get a copy of these policies and carefully read over the policy language. It is likely that you will need to fully exhaust all of the coverage available under other applicable policies. This can be an important note if you are advocating for the plaintiff and you want to maximize recovery. If you settle with one company for less than the value of the claim, you may run the risk of excluding coverage from the umbrella policy.

For More Information
If you would like more information on the mediation process or how to prepare for mediation of an insurance claim, call Smith & Tomkins at 615-256-1280 or visit us at www.smithtomkins.com.

Warren Smith
www.smithtomkins.com

Attorney Carol R. Sellers helps clients throughout the Bonita Springs area with all aspects of their residential real estate ownership, sales and other transactions related to real estate. The Law Offices of Richardson & Sellers, P.A. serves as legal counsel for buyers and sellers, providing effective legal advice and representation during all aspects of the home buying and selling process. Ms. Sellers is also a strong advocate who helps clients involved in real estate disputes and who are confronting other complex residential real estate matters.

Assistance with Complex Real Estate Transactions

For more than 21 years, individuals have turned to Carol Sellers to handle their most complex residential real estate transactions. When you are confronting a complex real estate transaction, it is important that you have an attorney who has the resources and knowledge to competently handle your real estate matter.

We assist clients with a broad range of real estate transactions and regularly deal with complex contractual provisions and contingencies. We can assess the unique challenges that are present in your case and structure your real estate transaction to best protect your interests. Additionally, we help clients with high-asset real estate transactions, protecting the value of their investment at every turn. Ms. Sellers’ in-depth knowledge of real estate law equips her with the ability to expertly guide clients through the process. Place your real estate matter in her trusted hands to ensure a seamless and proactive process.

Helping You with Routine Residential Real Estate Transactions
As a seasoned real estate lawyer, Carol R. Sellers is experienced in all routine residential real estate issues and can help you have a smooth, stress-free process when you are buying or selling a home. She constantly helps clients with the following legal issues during residential real estate transactions:

• Sales contracts–We draft and review sales contracts to ensure accuracy related to the agreement between the parties, the purchase price, a summary of the property and conditions related to the transaction.
• Financing and mortgages – Our lawyers will review documents related to the financing of your purchase.
• Title insurance – We complete a thorough review of documents related to your property’s history and help you obtain title insurance.
• Closings – We assist you with all aspects of the closing process, including preparing and reviewing documents and executing the formalities necessary to complete the transaction.

Ms. Sellers guides you through the home selling or buying process, focusing on protecting your rights at all times during the process. Her full services include:

• Drafting and reviewing sales contract
• Reviewing financing documents
• Researching and clearing title
• Addressing easement questions and other restrictions on home ownership
• Obtaining necessary permits and zoning
• Reviewing all closing documents

Providing full Services for Residential Real Estate

Ms. Sellers also assists clients with all other aspects of residential real estate, including:

• Home construction
• Construction funding
• Easements and restrictions
• Lease agreements
• Landlord/tenant disputes

Contact a Qualified Real Estate Lawyer
Our firm regularly handles simple and complex real estate matters and everything in between. We help clients dealing with a unique range of legal challenges related to residential real estate. Ms. Sellers can provide guidance for individuals in real estate transactions from our office in Bonita Springs. If you would like more information on how to resolve a real estate dispute, real estate law, or tips on how to have a smooth transaction, visit www.richardsonsellers.com/carol-r-sellers or contact the Law Offices of Richardson & Sellers, PA. at 239-992-2031.

Carol Sellers
www.richardsonsellers.com/carol-r-sellers