tag:blogger.com,1999:blog-25725854169587112202024-03-13T00:43:30.760-07:00Maureen Mengel BlogI have served hundreds of clients who were able to successfully purchased homes; and almost the same number of clients who weren't that successful primarily because of the lack of requirements, as well as incorrect formats on legal agreements, deed of sale, etc. Follow my social media accounts for more real estate buying and selling requirements, and various template for your legal agreement and other forms.Maureenhttp://www.blogger.com/profile/03992371858002223992noreply@blogger.comBlogger12060125tag:blogger.com,1999:blog-2572585416958711220.post-35759507969042658282019-11-15T13:19:00.001-08:002019-11-15T13:19:33.233-08:00The Ultimate Guide To Family Law<h2>Introduction</h2>
<p>The government has always had a fascination with families and the contract of marriage. State legislatures have passed many laws regulating the requirements for getting married and for obtaining a divorce. In addition, today’s laws also affect couples who live together outside of marriage.</p>
<p>It is hard to give simple answers to many of the legal questions that a person may have about marriage, parenthood, separation, or divorce because the laws change and vary from one state to another. In addition, judges in different states with identical laws may decide cases with similar facts in different ways.</p>
<p>This article describes the laws and court rulings common to most states. If you have other questions, please contact a lawyer in your state. You may also wish to contact a specialist. Many lawyers (particularly in urban areas) work only on family law or make it a large part of their general practice. Lawyers specializing in family law also may refer to themselves as specialists in “domestic relations” or “matrimonial law.”</p>
<p class="ez-toc-title">Table of Contents</p>
<ul class="ez-toc-list">
<li>Introduction</li>
<li>Marriage
<ul>
<li>Requirements of Getting Married</li>
<li>What is Marriage?</li>
</ul>
</li>
<li>What are the legal requirements for getting married?</li>
<li>At what age may people marry?
<ul>
<li>When does a couple truly become married?</li>
<li>Is a particular type of marriage ceremony required?</li>
</ul>
</li>
<li>Who may conduct a marriage ceremony?
<ul>
<li>Are common-law marriages allowed?</li>
<li>Does federal law recognize same-sex marriages?</li>
<li>What is a domestic partnership?</li>
<li>Does a woman’s last name change when she gets married?</li>
</ul>
</li>
<li>Invalid Marriages
<ul>
<li>What if someone thinks he or she has a genuine marriage but it turns out to be invalid?</li>
<li>What other legal rules affect invalid marriages?</li>
</ul>
</li>
<li>Premarital Agreements
<ul>
<li>What is a premarital agreement?</li>
<li>Why do people enter into premarital agreements?</li>
<li>What does the less wealthy spouse give up by signing a premarital agreement?</li>
<li>Why would the less wealthy spouse sign a premarital agreement if he or she would receive less under the agreement than under other laws?</li>
<li>What is necessary to make a valid premarital agreement?</li>
<li>When should the agreement be signed?</li>
<li>Must the parties to a premarital agreement be represented by lawyers?</li>
<li>Do premarital agreements need to provide for a certain amount of support?</li>
<li>Do premarital agreements decide future issues of custody and child support?</li>
<li>Duties of Marriage</li>
<li>Are one or both spouses required to work outside the home?</li>
<li>If the wife and husband separate or divorce, can a court require them to work outside the home?</li>
<li>Are there legal remedies if a husband or wife refuses to have sexual relations with his or her spouse?</li>
<li>What is the loss of consortium?</li>
<li>May wives and husbands sue each other?</li>
<li>Can a husband or wife testify against each other in court?</li>
</ul>
</li>
<li>Living Together Outside of Marriage
<ul>
<li>Can two people live together without being married?</li>
<li>May two people who are living together enter into agreements about sharing expenses or acquiring property?</li>
<li>Will a court enforce an agreement by which one unmarried partner agrees to keep the house and the other promises financial support?</li>
</ul>
</li>
<li>Marriage & The Money</li>
<li>Ownership of Property
<ul>
<li>Which spouse owns what property in a marriage?</li>
<li>May a couple own property together?</li>
<li>Debt and Taxes</li>
<li>Is a husband or wife responsible for debts incurred by the other?</li>
<li>Is a husband or wife liable for the debts of the other without co-signing for the debt?</li>
<li>Is one spouse responsible for debts the other spouse brought into the marriage?</li>
<li>Do a spouse’s credit rights depend on marital status or the other spouse’s financial status?</li>
<li>Which spouse is responsible for paying taxes?</li>
<li>Do the tax laws penalize married couples?</li>
<li>May one spouse make a tax-free gift to the other spouse?</li>
</ul>
</li>
<li>Doing Business Together
<ul>
<li>My husbands and wives go into business together?</li>
<li>Is a wife or husband liable for the other’s business debts?</li>
<li>May a couple file jointly for bankruptcy?</li>
<li>Must a working spouse provide a pension for a dependent spouse?</li>
</ul>
</li>
<li>Domestic Violence
<ul>
<li>What are legal remedies for domestic violence?</li>
<li>What kind of actions are considered domestic violence?</li>
<li>Do protective orders actually protect the victim of domestic violence?</li>
<li>Where does one turn for help in cases of domestic violence?</li>
</ul>
</li>
<li>Child Rights & Laws</li>
<li>Decision To Have Children
<ul>
<li>Who makes the decision to become a parent?</li>
<li>What if one spouse wants children and the other does not?</li>
</ul>
</li>
<li>Abortion
<ul>
<li>What is the current status of abortion law?</li>
</ul>
</li>
<li>Childbirth
<ul>
<li>Are there any rules prohibiting parents from having their children born at home?</li>
<li>If the delivery is at a hospital, may the father or a sibling be present?</li>
</ul>
</li>
<li>Parental Rights and Responsibilities
<ul>
<li>What are the rights of parents?</li>
<li>What are the legal rights of children?</li>
<li>How long do parents’ legal obligations to their children continue?</li>
<li>Who makes the decision to become a parent?</li>
<li>What if one spouse wants children and the other does not?</li>
</ul>
</li>
<li>Who Controls The Money Children Earn Or Inherit?
<ul>
<li>Are parents financially responsible for the acts of their children?</li>
</ul>
</li>
<li>What Are The Duties of Adult Children Toward Their Parents</li>
<li>Adoption
<ul>
<li>How does one adopt a child?</li>
<li>What is an agency adoption?</li>
<li>What is a private adoption?</li>
<li>Is court approval necessary for an adoption?</li>
<li>Can a biological mother revoke her consent to the adoption?</li>
<li>Is the biological father’s consent necessary?</li>
<li>What is a “related adoption”?</li>
<li>What is a stepparent adoption?</li>
<li>What happens if the child’s other biological parent does not agree to the adoption by the stepparent?</li>
<li>What is the definition of an unfit parent?</li>
<li>What happens if a stepparent adopts his spouse’s child and the parents later divorce?</li>
<li>Can a single person adopt a child?</li>
<li>Can lesbian or gay couples adopt a child?</li>
<li>What is an “open adoption”?</li>
<li>Who has access to adoption records?</li>
<li>What is the legal status of an adopted child?</li>
<li>What about medically assisted pregnancies?</li>
<li>What is surrogate parenthood?</li>
</ul>
</li>
<li>Paternity</li>
<li>How Modern Science Affects Paternity in This Present Day
<ul>
<li>May an unmarried mother legally force the father of her baby to support the child?</li>
<li>If a court decides that a man is a child’s father, how much will he have to pay in support?</li>
<li>What may a husband legally do if his wife bears a child that is not his?</li>
</ul>
</li>
<li>Abuse and Neglect Laws
<ul>
<li>What is child neglect?</li>
<li>What persons and what types of actions are covered by child abuse laws?</li>
</ul>
</li>
<li>Taking Children Away From Their Parents
<ul>
<li>Who has a duty to report suspected child neglect and abuse?</li>
<li>If the law takes children away from their parents, is the removal temporary or permanent?</li>
</ul>
</li>
<li>Separation, Annulment, And Divorce</li>
<li>Separation and Separate Maintenance
<ul>
<li>What is a legal separation?</li>
<li>Does a person have to be legally separated before obtaining a divorce?</li>
<li>Is there an advantage to legal separation?</li>
<li>Are there any tax advantages to legal separation?</li>
<li>Why would a spouse who is receiving support agree to this arrangement if it results in more taxes for her or him and a tax advantage to the other spouse?</li>
<li>Are there psychological advantages of a legal separation?</li>
</ul>
</li>
<li>Annulment
<ul>
<li>What is an annulment?</li>
<li>How common are annulments?</li>
<li>Divorce</li>
<li>What is divorce?</li>
<li>May a couple get a divorce without lawyers?</li>
<li>Are most divorces contested?</li>
<li>What is a no-fault divorce?</li>
<li>Why does the law provide for no-fault divorces?</li>
<li>What are the grounds for obtaining a divorce based on the fault?</li>
<li>Will the use of fault grounds affect other aspects of the divorce?</li>
<li>May a woman resume her unmarried name when she divorces?</li>
</ul>
</li>
<li>Property
<ul>
<li>In divorce cases, how often do judges decide who gets what?</li>
<li>How do judges decide disputed property issues?</li>
<li>What is marital or community property?</li>
<li>What if the property obtained during the marriage is in the name of one party only?</li>
<li>How does a husband or wife keep nonmarital property separate and thus less likely to be lost in a divorce?</li>
<li>How do courts divide marital or community property?</li>
<li>What is “equitable distribution”?</li>
<li>Who is likely to get the house?</li>
<li>What if the parties have a negative net worth–owing more money than they have?</li>
</ul>
</li>
<li>Alimony/Maintenance
<ul>
<li>What is alimony or spousal maintenance?</li>
<li>When do courts award alimony?</li>
<li>What is rehabilitative support?</li>
<li>What is permanent support?</li>
<li>If one spouse supports the other through graduate or professional school, does the supporting spouse have a right to be compensated for increasing the earning capacity of the other spouse?</li>
<li>Does the law help newly divorced spouses who must now get their own health insurance?</li>
</ul>
</li>
<li>Custody
<ul>
<li>What is child custody?</li>
<li>How do courts decide custody?</li>
<li>Do mothers automatically receive custody?</li>
<li>How have the laws changed in deciding custody disputes between mothers and fathers?</li>
<li>Are judges prejudiced in favor of mothers or fathers in deciding custody cases?</li>
<li>What is the most important factor in deciding custody?</li>
<li>May a child decide where he or she wants to live?</li>
<li>How does a judge find out about the child’s preferences?</li>
<li>If a parent has a sexual relationship outside of marriage, how does that impact on a court’s decision on custody?</li>
<li>If a parent is homosexual, what impact does that have on custody?</li>
<li>If one parent is trying to undermine the child’s relationship with the other parent, how does that affect custody?</li>
<li>If one parent is religious and the other is not, may the court favor the more religious parent?</li>
<li>Can custody decisions be changed?</li>
</ul>
</li>
<li>Visitation
<ul>
<li>If a parent does not receive custody, how much visitation is he or she likely to receive?</li>
<li>Under what circumstances may the custodial parent deny the other parent visitation?</li>
</ul>
</li>
<li>Joint Custody
<ul>
<li>What is joint custody?</li>
<li>What is joint legal custody?</li>
<li>What is joint physical custody?</li>
<li>Are courts required to order joint custody if a parent asks for it?</li>
<li>What are the pros and cons of joint physical custody?</li>
</ul>
</li>
<li>Child Support
<ul>
<li>How do courts set child support?</li>
<li>When working with guideline formulas, how are the parents’ incomes determined?</li>
<li>How much child support should a noncustodial parent expect to pay?</li>
<li>What is an example of a guideline for child support based on the income of only the noncustodial parent?</li>
<li>What’s an example of a support formula based on the incomes of both parents?</li>
<li>What are the reasons for ordering more support than the guideline amount?</li>
<li>What are the reasons for setting support below the guideline amount?</li>
<li>What is the effect on child support if the parents have joint custody of the children?</li>
<li>Is child support paid while the child is with the noncustodial parent for summer vacation or long breaks?</li>
<li>Do divorced parents have to pay for their child’s college expenses?</li>
<li>How is child support enforced if a parent does not pay?</li>
<li>To what extent is child support not paid?</li>
<li>What legal remedies are available if a child is abducted by a parent?</li>
</ul>
</li>
<li>Grandparents and Stepparents
<ul>
<li>What are grandparents’ rights to visitation?</li>
<li>May courts award grandparents custody of their grandchildren?</li>
</ul>
</li>
<li>Stepparent’s Rights & Duties</li>
<li>Mediation
<ul>
<li>What is the meaning of divorce mediation?</li>
<li>Is mediation mandatory in divorce actions?</li>
<li>What is the professional background of divorce mediators?</li>
<li>What are the advantages of mediation?</li>
<li>What are the disadvantages of mediation?</li>
</ul>
</li>
<li>What Happens When One Spouse Dies?</li>
<li>Where to Get More Information</li>
<li>Adoption</li>
<li>Battered Spouses</li>
<li>Child Support</li>
<li>Divorce</li>
<li>Mediation</li>
<li>Missing Children</li>
<li>Pensions</li>
<li>Social Security</li>
<li>Taxes</li>
<li>Conclusion</li>
</ul>
<h2>Marriage</h2>
Requirements of Getting Married <strong>What is Marriage?</strong>
<p><strong>Answer.</strong> Most states define marriage as a civil contract between a man and a woman to become husband and wife.</p>
<p>The moment a man and woman marry, their relationship acquires a legal status. Married couples have financial and personal duties during marriage and after separation or divorce. State laws determine the extent of these duties. As the United States Supreme Court said about marriage in 1888: “The relation once formed, the law steps in and holds the parties to various obligations and liabilities.”</p>
<p>Of course, marriage is a private bond between two people, but it is also an important social construct.</p>
<p>Today, society also recognizes marriage as:</p>
<ul>
<li>a way to express commitment, strengthen intimate bonds, and provide mutual emotional support;</li>
<li>a (comparatively) stable structure within which to raise children;</li>
<li>a financial partnership in which spouses may choose from a variety of roles. Both spouses may work to support the family, the husband may support the wife, or the wife may support the husband.</li>
</ul>
<p>As our society becomes more complex, there is no longer a short answer to the question – “What is marriage?” Definitions and opinions of the proper functions of marriage continue to change. The women’s rights movement and the gay rights movement have changed some people’s ideas of marriage and created new forms of relationships, including domestic partnerships and civil unions for same-sex couples. Marriage will continue to remain, but it will also continue to evolve.</p>
<h2><strong>What are the legal requirements for getting married?</strong></h2>
<p><strong>Answer.</strong> The requirements are simple, although they vary from state to state. In general, a man and woman wishing to marry must obtain a license in the state in which they wish to be married, usually from a county clerk or a clerk of court. The fee usually is low.</p>
<p>Some states require the man and woman to have blood tests for the venereal disease–but not for AIDS–before the license is issued. Some states do not require this test if the two have already been living as husband and wife. If the test shows that a would-be spouse has a venereal disease, certain states may not issue a license. Other states will allow the marriage if the couple knows the disease is present.</p>
<p>In some states, a couple must show proof of immunity or vaccination for certain diseases.</p>
<p>A few states demand a general physical examination.</p>
<p>If one or both of the parties have been married before, the earlier marriage must have been ended by death, divorce, or annulment.</p>
<p>Parties who wish to marry must have the “capacity” to do so. That means the man and woman must understand that they are being married and what it means to be married. If because of drunkenness, mental illness, or some other problem, one of the parties lacks “capacity,” the marriage will not be valid.</p>
<p>Close blood relatives cannot marry, although, in some states, first cousins can marry. Of those states that allow first cousins to marry, a few states also require that one of the cousins no longer be able to conceive children.</p>
<p>Most, but not all, states require a waiting period, generally one to five days, between the time the license is issued and the time of the marriage ceremony.</p>
<h2><strong>At what age may people marry?</strong></h2>
<p><strong>Answer.</strong> In most states, a man or woman may marry at age eighteen without parental consent. Most states also allow persons age sixteen and seventeen to marry with the consent of their parents or a judge.</p>
<strong>When does a couple truly become married?</strong>
<p><strong>Answer.</strong> Most states consider a couple to be married when the ceremony ends. In a few states, a lack of sexual relations may allow a spouse to have the marriage annulled (see below). In most states, however, non-consummation does not affect the validity of the marriage. In all states, the proper officer must record the marriage license. Recording the marriage license acts as proof that the marriage happened, and most states allow spouses to request a marriage certificate in the event they need to prove the validity of said union.</p>
<strong>Is a particular type of marriage ceremony required?</strong>
<p><strong>Answer.</strong> A marriage ceremony may be religious or civil. The person or persons conducting the ceremony should indicate that the man and woman agree to be married. A religious ceremony should be conducted under the customs of the religion, or, in the case of a Native American group, of the tribe. Most states require one or two witnesses to sign the marriage certificate.</p>
<h2><strong>Who may conduct a marriage ceremony?</strong></h2>
<p><strong>Answer.</strong> Civil ceremonies usually are conducted by judges. In some states, county clerks or other government officials may conduct civil ceremonies. Religious ceremonies normally are conducted by religious officials, such as ministers, priests, or rabbis. Native American ceremonies may be presided over by a tribal chief or other designated official. Contrary to some popular legends, no state authorizes ship captains to perform marriages.</p>
<strong>Are common</strong>–<strong>law marriages allowed?</strong>
<p><strong>Answer.</strong> In most states, no. In times past, particularly the frontier days, it was common for states to consider a woman and man to be married if they lived together for a certain length of time, had sexual intercourse, and held themselves out as husband and wife, even though they never went through a marriage ceremony. Today, only about one-fourth of the states recognize common-law marriages. In order for there to be a legal common-law marriage, the couple must clearly represent themselves to others as being husband and wife; merely living together is not enough to create a marriage.</p>
<p>In states that recognize common-law marriage, the partners have the same rights and duties as if there had been a ceremonial marriage. Most other states will accept as valid a common-law marriage that began in a state that recognizes common-law marriage.</p>
<p>Legal common-law marriage may end only with a formal divorce.</p>
<strong>Does federal law recognize same-sex marriages?</strong>
<p><strong>Answer.</strong> Yes. As of the year 2015, all fifty US states have passed via various state laws, popular votes, and federal court rulings, recognizing same-sex marriages as legal. Support for same-sex marriages began in the 1970’s when in 1972 the Supreme Court declined to be involved in the now overturned Baker v. Nelson. In 1993 in Hawaii and then again in 2003 in Massachusetts ruled that it was unconstitutional to abridge marriage on the basis of sex. Public support of same-sex marriage reached 60% for the first time in 2015, which then culminated in the landmark case of Obergefell v. Hodges that stated it was a fundamental right for same-sex couples to marry on the same terms and conditions as opposite-sex couples do.</p>
<strong>What is a domestic partnership?</strong>
<p><strong>Answer.</strong> Some cities have passed laws providing for “domestic partnerships” which can be used by homosexual couples and by heterosexual couples who are living together without being married. To become domestic partners, the couple usually must register their relationship at a government office and declare that they are in a “committed” relationship, as well as having a cohabitation agreement in place to prevent confusion if things don’t work out as planned. Domestic partnerships provide some–but not all–of the legal benefits of marriage. Some of the common benefits are the right to coverage on a family health insurance policy, the right to family leave to take care of a sick partner (to the same extent a person would be able to use family leave to care for a sick spouse), bereavement leave, visiting rights to hospitals and jails, and rent control benefits (to the same extent a spouse would retain reduced rent if his or her partner died).</p>
<strong>Does a woman’s last name change when she gets married?</strong>
<p><strong>Answer.</strong> Only if she wants to change it. In the past, some people assumed that a woman would change her last name to her husband’s name when she married. Now society recognizes a woman’s right to take her husband’s name, keep her original name, or use both names. The general rule is that if a woman uses a certain name consistently and honestly, then that is her true name.</p>
<h2>Invalid Marriages</h2>
<img src="https://66.media.tumblr.com/1551b3869792e702175cc20a0acdabee/1f6943bf47643280-e3/s540x810/959fb3a404d4fa4f84cc0d6a4185d5e82247a917.png" alt="Invalid Marriages" class="wp-image-4657" srcset="https://legalforms.io/wp-content/uploads/2019/10/2-8-991x496.png 991w, https://legalforms.io/wp-content/uploads/2019/10/2-8-480x240.png 480w, https://legalforms.io/wp-content/uploads/2019/10/2-8-300x150.png 300w, https://legalforms.io/wp-content/uploads/2019/10/2-8-768x384.png 768w, https://legalforms.io/wp-content/uploads/2019/10/2-8.png 1024w" sizes="(max-width: 991px) 100vw, 991px" data-orig-height="496" data-orig-width="991" data-orig-src="https://legalforms.io/wp-content/uploads/2019/10/2-8-991x496.png" /><strong>What if someone thinks he or she has a genuine marriage but it turns out to be invalid?</strong>
<p><strong>Answer.</strong> Sometimes people who live as a married couple learn that their marriage is not legal. For example, one supposed spouse may have kept a prior marriage secret, or both may have thought incorrectly that an earlier marriage had ended in divorce or the death of a spouse. Or a marriage may be invalid because it is between close relatives, underage persons, or people incapable of entering into the marriage contract because of mental incompetence, in which case annulment papers would need to be filed with the respective jurisdiction in your state where the couple currently resides.</p>
<p>In some states, the putative (supposed) spouse doctrine offers some protection if the parties went through a ceremonial marriage. A putative spouse may be entitled to the benefits and rights of a legal spouse for as long as she or he reasonably believes the marriage to be valid. In states that do not accept the putative-spouse doctrine, people who mistakenly believe they are married usually have the same status as unmarried couples who live together.</p>
<p>Sometimes people discover that their marriage is invalid only when filing for divorce. After a long union that a couple believed was a valid marriage, a court may refuse to declare the marriage invalid and require a divorce to end the marriage.</p>
<strong>What other legal rules affect invalid marriages?</strong>
<p><strong>Answer.</strong> Sometimes the law treats an invalid marriage as valid if one person tricked the other into thinking they are married. If so, a court might not allow the deceiver to declare the marriage invalid. In legal terms, the court “estops” the deceiver from denying that the marriage exists. In addition, a court may find that the doctrine of laches (long delay) prevents even the innocent party, who originally did not know about the invalid marriage, from having the marriage declared invalid if he or she did nothing for a long time after learning that the marriage was not valid.</p>
<h2><strong>Premarital Agreements</strong></h2>
<img src="https://66.media.tumblr.com/c01349a51243d5dd7ef15cc216d4f91c/1f6943bf47643280-62/s540x810/81024e7a356f13e6470edc1b96f943c4f2017f44.png" alt="Premarital Agreements" class="wp-image-4658" srcset="https://legalforms.io/wp-content/uploads/2019/10/4-15-991x496.png 991w, https://legalforms.io/wp-content/uploads/2019/10/4-15-480x240.png 480w, https://legalforms.io/wp-content/uploads/2019/10/4-15-300x150.png 300w, https://legalforms.io/wp-content/uploads/2019/10/4-15-768x384.png 768w, https://legalforms.io/wp-content/uploads/2019/10/4-15.png 1024w" sizes="(max-width: 991px) 100vw, 991px" data-orig-height="496" data-orig-width="991" data-orig-src="https://legalforms.io/wp-content/uploads/2019/10/4-15-991x496.png" /><strong>What is a premarital agreement?</strong>
<p><strong>Answer.</strong> A premarital or antenuptial agreement is a contract entered into by a man and woman before they marry. The agreement usually describes what each party’s rights will be if they divorce or when one of them dies. A prenuptial agreement template most commonly deals with issues of property and support–who is entitled to what property and how much support, if any, will be paid in the event of divorce.</p>
<strong>Why do people enter into premarital agreements?</strong>
<p><strong>Answer.</strong> Sometimes persons intending to marry use premarital agreements as a way of clarifying their expectations and rights for the future. Another reason for making such agreements is to try to avoid uncertainties about how a divorce court might divide property and decide spousal support if the marriage fails. A man or woman who wants a future spouse to enter into a premarital agreement often has something he or she wants to protect, usually money. One or both partners may want to avoid the risk of a major loss of assets, income, or a family business in the event of a divorce. For people marrying for a second or third time, there might be a desire to make sure that a majority of assets or personal belongings are passed on to the children or grandchildren of prior marriages rather than a current spouse.</p>
<strong>What does the less wealthy spouse give up by signing a premarital agreement?</strong>
<p><strong>Answer.</strong> The less wealthy spouse is agreeing to have his or her property rights determined by the prenuptial agreement rather than by the usual rules of law that a court would apply on divorce or the death of the wealthier spouse. As will be discussed later, courts have certain rules for dividing property when a couple divorces. In some states (such as California), courts automatically divide equally the property acquired by the husband and wife during the marriage. In more states, courts divide property as the court considers fair, and the result is less predictable; the split could be fifty-fifty or something else.</p>
<p>If one spouse dies, courts normally follow the instructions of that person’s will, but the surviving spouse usually is entitled to one-third to one-half of the estate regardless of what the deceased spouse’s will says. If the husband and wife have signed a valid prenuptial agreement, that agreement will supersede the usual laws for dividing property and income upon divorce or death. In many cases, the less wealthy spouse will receive less under the premarital agreement than he or she would receive under the usual laws of divorce or wills.</p>
<strong>Why would the less wealthy spouse sign a premarital agreement if he or she would receive less under the agreement than under other laws?</strong>
<p><strong>Answer.</strong> The answer to that question depends on the individual. Some people prefer to control their fiscal relationship rather than leave it to state regulation. They may want to avoid uncertainty about what a court might decide if the marriage ends in divorce. For some, the answer may be “love conquers all”–the less wealthy person may just want to marry the other party and not care much about the financial details. For others, the prenup agreement may provide ample security, even if it is not as generous as a judge might be. Still, others may not like the prenuptial agreement, but they are willing to take their chances and hope the relationship and the financial arrangements work out for the best.</p>
<strong>What is necessary to make a valid premarital agreement?</strong>
<p><strong>Answer.</strong> Laws vary from state to state. In general, the prenuptial agreements must be in writing and signed by the parties. In most states, the parties (particularly the wealthier one) must disclose their income and assets to each other. This way the parties will know more about what they might be giving up. In some states, it may be possible to waive a full disclosure of income and assets, but the waiver should be done knowingly and it is best if each party has a general idea of the other’s net worth.</p>
<p>The prenuptial agreements also must not be the result of fraud or duress. An agreement is likely to be invalid on the basis of fraud if one person (particularly the wealthier one) deliberately misstates his or her financial condition. For example, if a man hides assets from his future wife so that she will agree to a low level of support in case of divorce, a court probably would declare the prenuptial agreement invalid. Similarly, if one person exerts excessive emotional pressure on the other to sign the premarital agreement, a court also might declare the agreement to be invalid because of duress.</p>
<strong>When should the agreement be signed?</strong>
<p><strong>Answer.</strong> Most states do not set a specific time at which premarital agreements must be signed. Generally, it is better to negotiate and sign the agreement well before the wedding, to show that each person has considered it thoroughly and signed it voluntarily. If the wealthier person shows the agreement to the prospective spouse only one day before the wedding, a court may later find that agreement invalid because of duress. While a last-minute prenuptial agreement is not automatically invalid, timing may be a significant factor in determining whether the agreement is valid.</p>
<strong>Must the parties to a premarital agreement be represented by lawyers?</strong>
<p><strong>Answer.</strong> No, but lawyers can help make sure that the agreement is drafted properly and that both parties are making informed decisions. The lawyer for the wealthier party usually prepares the initial draft of the agreement. The less wealthy party does not need to have a lawyer in order to have a valid agreement, but the agreement is more likely to be enforceable if that person’s interests are represented and some back-and-forth negotiations take place.</p>
<strong>Do premarital agreements need to provide for a certain amount of support?</strong>
<p><strong>Answer.</strong> No, the law does not set a specific amount. In some cases, a court may decide that an agreement is enforceable even if it leaves one spouse with no property and no support from the other party. If, when the marriage ends, the less wealthy party does not have marketable job skills or is not able to work, a court would be likely to refuse to enforce an agreement denying support. Some states will enforce an agreement to provide no spousal support, so long as a waiver of support does not leave the less wealthy party so poor that she or he is eligible for welfare.</p>
<p>Many courts will apply broader notions of fairness and require support at a level higher than subsistence. Some states provide that the support cannot be “unconscionable” low. That is a vague term that means different things to different courts.</p>
<p>Many lawyers think it is a good idea for premarital agreements to contain an “escalator clause” or a “phase-in provision” that will increase the number of assets or support given to the less wealthy spouse based on the length of the marriage or an increase in the wealthier party’s assets or income after the agreement is made.</p>
<strong>Do premarital agreements decide future issues of custody and child support?</strong>
<p><strong>Answer.</strong> No. A court may consider a premarital agreement the parties have reached regarding child custody or support, but the court is not bound by it. Broadly speaking, courts do not want parties to bargain away the rights of children, particularly before children are even born. (A later section of this article on child support will discuss child support guidelines.)</p>
Duties of Marriage <img src="https://66.media.tumblr.com/485371f915f527ddebd56c0f7bfc661e/1f6943bf47643280-95/s540x810/6b18955dd46c68c5f97752b58d6773152f44427d.png" alt="Duties of Marriage" class="wp-image-4659" srcset="https://legalforms.io/wp-content/uploads/2019/10/3-1-1-991x496.png 991w, https://legalforms.io/wp-content/uploads/2019/10/3-1-1-480x240.png 480w, https://legalforms.io/wp-content/uploads/2019/10/3-1-1-300x150.png 300w, https://legalforms.io/wp-content/uploads/2019/10/3-1-1-768x384.png 768w, https://legalforms.io/wp-content/uploads/2019/10/3-1-1.png 1024w" sizes="(max-width: 991px) 100vw, 991px" data-orig-height="496" data-orig-width="991" data-orig-src="https://legalforms.io/wp-content/uploads/2019/10/3-1-1-991x496.png" /><strong>Are one or both spouses required to work outside the home?</strong>
<p><strong>Answer.</strong> No. While the husband and wife are married and living together, a court is not going to get involved in private family decisions of who works and who does not. That’s left to the husband and wife to sort out. Today, more than half of married women–including women with preschool-age children–work outside the home. A husband or wife cannot, as a matter of law, force his or her, partner, to work.</p>
<strong>If the wife and husband separate or divorce, can a court require them to work outside the home?</strong>
<p><strong>Answer.</strong> No, not directly. If a wife and husband separate or divorce, a court still cannot directly order one or both of them to work. The court can, however, declare that one or both parties owe a duty of financial support to the other party or to the children. A duty of financial support means that a person who is supposed to pay support must come up with the money somehow — usually from work or from savings. If the person who is supposed to pay support does not pay the money and does not have a good excuse why the money has not been paid, that person could be held in contempt of court. The possible penalties for being held in contempt of court include payment of fines and incarceration. Payments of child support and alimony will be discussed later.</p>
<strong>Are there legal remedies if a husband or wife refuses to have sexual relations with his or her spouse?</strong>
<p><strong>Answer.</strong> In some states, the refusal to have sexual relations with a spouse is a specific ground for divorce or annulment of the marriage. In other states, refusal to have sexual relations could be considered a ground for divorce because it is an “irreconcilable difference” or “mental cruelty.” A court, of course, would not order a person to have sexual relations with his or her spouse. In fact, in many states, a spouse who forces sexual relations with a partner can be charged with rape under the state’s criminal laws.</p>
<strong>What is the loss of consortium?</strong>
<p><strong>Answer.</strong> Loss of consortium refers to the loss of companionship and sexual relationship with one’s spouse. (The concept also can apply more broadly to the loss of companionship and affection from other family members such as a child or parent.) In personal injury actions, plaintiffs may seek monetary damages for loss of consortium in addition to payment for other losses such as medical expenses, lost wages, and physical pain and suffering. For example, if a man is injured in an auto accident caused by a negligent driver and the man is unable to have sexual relations with his wife for two years because of the accident, both the husband and wife may seek damages for that loss.</p>
<strong>May wives and husbands sue each other?</strong>
<p><strong>Answer.</strong> Yes. They can sue each other, of course, in connection with a divorce. They also usually can sue each other in connection with financial deals in which one may have cheated the other. A growing number of states also will allow one spouse to sue the other for deliberate personal injuries, such as those suffered in a beating. Some husbands and wives may try to sue each other in connection with an auto accident in which one of them, as the driver, accidentally causes injury to the other, who was a passenger. In effect, the person suing may be trying to collect money from an insurance company rather than the person’s spouse. Many states do not allow such lawsuits.</p>
<strong>Can a husband or wife testify against each other in court?</strong>
<p><strong>Answer.</strong> Yes. Husbands and wives routinely testify against each other in divorce cases. There is an old rule of law in many states that husbands and wives cannot testify about communications between themselves made during the marriage. Although the rule may be applied in some circumstances, it generally does not apply if the husband and wife are involved in a lawsuit against each other.</p>
<h2>Living Together Outside of Marriage</h2>
<img src="https://66.media.tumblr.com/25c91aaa6527da1160d8bab21e164417/1f6943bf47643280-59/s540x810/16e84f2038bdd10902dc92c8246a373254943718.png" alt="Living Together Outside of Marriage" class="wp-image-4661" srcset="https://legalforms.io/wp-content/uploads/2019/10/3-2-1-991x496.png 991w, https://legalforms.io/wp-content/uploads/2019/10/3-2-1-480x240.png 480w, https://legalforms.io/wp-content/uploads/2019/10/3-2-1-300x150.png 300w, https://legalforms.io/wp-content/uploads/2019/10/3-2-1-768x384.png 768w, https://legalforms.io/wp-content/uploads/2019/10/3-2-1.png 1024w" sizes="(max-width: 991px) 100vw, 991px" data-orig-height="496" data-orig-width="991" data-orig-src="https://legalforms.io/wp-content/uploads/2019/10/3-2-1-991x496.png" /><strong>Can two people live together without being married?</strong>
<p><strong>Answer.</strong> Of course. The Census Bureau reports that such cohabitation arrangements are quite common. Some zoning laws do prohibit more than three unrelated persons from living together in one house or apartment, but two unrelated people generally can live together anywhere they want. A few states still have laws on the books prohibiting “fornication”–sexual relations between a man and woman who are not married–but such laws are virtually never enforced. Some states also have laws against “sodomy” which, among other things, prohibit sexual relations between people of the same sex. Those laws are rarely enforced if the conduct is private, consensual, and between adults (although in 1986, the United States Supreme Court in a divided decision did uphold a Georgia law criminalizing private sexual relations between two men.)</p>
<strong>May two people who are living together enter into agreements about sharing expenses or acquiring property</strong>?
<p><strong>Answer.</strong> Yes. The law allows people to enter into many types of contracts. If two people want to agree about who will pay what and how they will share in the property that they might acquire, such an agreement can be valid and enforceable by courts in most states. From a legal standpoint, it is best to make the cohabitation agreement template specific and in writing. An oral agreement might be enforceable, but it is more difficult to prove. Each party to the agreement should give some benefit to the other party, such as agreeing to pay a certain portion of expenses. If an agreement looks as though it is only creating a gift from one party to the other with the recipient giving nothing in return, the agreement might not be enforceable.</p>
<strong>Will a court enforce an agreement by which one unmarried partner agrees to keep the house and the other promises financial support?</strong>
<p><strong>Answer.</strong> Probably not. To begin with, such agreements rarely are in writing, so they are hard to prove in court. Second, to the extent that one person is promising financial support to the other, that promise usually is contingent on a continuation of the relationship. If, for example, one partner says, “I’ll take care of you,” the statement may be too vague to be enforceable; if it means anything, it probably means something along the lines of “I’ll support you financially as long as we are living together.” So, if the couple breaks up, a court probably would not find an enforceable promise for continued support.</p>
<p>There is a potential third problem: if a court thinks an agreement amounts to providing financial support in exchange for sexual relations, the court will not enforce it. Such an agreement is uncomfortably close to a contract for prostitution.</p>
<p>Courts are more inclined to enforce agreements for tangible items, such as payments of expenses or rights to the property. A promise of housekeeping services or emotional support for a partner may be sincere, but it is much more amorphous than a promise to pay half the phone bill or share the proceeds of a condominium sale.</p>
<h2>Marriage & The Money</h2>
<img src="https://66.media.tumblr.com/bca16476c70548016821f0db0c5d6ab9/1f6943bf47643280-bf/s540x810/9a8e014594b66261813ca6259081050140e2a4a6.png" alt="Marriage & The Money" class="wp-image-4662" srcset="https://legalforms.io/wp-content/uploads/2019/10/3-3-1-991x496.png 991w, https://legalforms.io/wp-content/uploads/2019/10/3-3-1-480x240.png 480w, https://legalforms.io/wp-content/uploads/2019/10/3-3-1-300x150.png 300w, https://legalforms.io/wp-content/uploads/2019/10/3-3-1-768x384.png 768w, https://legalforms.io/wp-content/uploads/2019/10/3-3-1.png 1024w" sizes="(max-width: 991px) 100vw, 991px" data-orig-height="496" data-orig-width="991" data-orig-src="https://legalforms.io/wp-content/uploads/2019/10/3-3-1-991x496.png" />
<h2>Ownership of Property</h2>
<strong>Which spouse owns what property in a marriage?</strong>
<p><strong>Answer.</strong> Most property that is acquired during the marriage is considered marital or community property. For example, the wages earned by both husband and wife during the marriage are considered marital property. If one or both spouses buy a house or establish a business during the marriage, that usually will be marital property, particularly if the house or business is purchased with the husband’s and wife’s earnings.</p>
<p>Separate property is the property that each spouse owned before the marriage. It also includes inheritances and gifts (except perhaps gifts between spouses) acquired during the marriage. During the marriage (and afterward), each spouse usually keeps control of his or her separate property. Each spouse may buy, sell, and borrow money on his or her separate property. Income earned from separate property, such as interest, dividends, or rent is generally separate property. However, in some states that recognize community property, these profits may become marital property.</p>
<p>Separate property can become marital property if it is mixed with marital property. If, for example, a wife owned an apartment building before the marriage and she deposited rent checks into a joint checking account, the rent money probably would become marital property, although the building is likely to remain the wife’s separate property as long as she kept it in her name. If the wife changed the title on the building from her name alone to the names of both herself and her husband, that probably would convert the building into marital property. In addition, if one spouse put a great deal of work into the other spouse’s separate property, that could convert the separate property into marital property, or it could give the spouse who contributed the work a right to some form of payback. A later section in this chapter will discuss how courts divide marital property in a divorce.</p>
<strong>May a couple own property together?</strong>
<p><strong>Answer.</strong> Yes. In community property states, this occurs automatically. Ten states—Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin, as well as Puerto Rico—use the community property system. These jurisdictions hold that each spouse shares equally the income earned and property acquired during a marriage. This is true even if one spouse supplied all the income. In the other states, spouses probably share property under one of the following three forms of co-ownership:</p>
<ul>
<li>Joint Tenancy. A form of ownership that exists when two or more people own property that includes a right of survivorship. Each person has the right to possess the property. If one partner dies, the survivor becomes the sole owner. Any two people–not just spouses–may own property as joint tenants. A creditor may claim the debtor’s interest in joint tenancy property.</li>
<li>Tenancy by the Entirety. Allowed only in some states, this is a type of co-ownership of property by a husband and wife. Like joint tenancy, it includes the right of survivorship. But a creditor of one spouse may not “attach” (seize) the property. Each party usually must consent to the sale of the property. Divorce may result in a division of the property.</li>
<li>Tenancy in Common. This form of co-ownership gives each person control over his or her share of the property, and the shares need not be equal. The law does not limit tenancy in common to spouses. A tenancy in common has no right of survivorship; when one spouse dies, his or her share passes to the heirs, either by will or state laws.</li>
</ul>
<p>Tenancy rules vary from one state to another. Some tenancies are complex and must be created in a precise manner, otherwise, the courts may not enforce them.</p>
<p>For more information on the various forms of ownership, see the articles in this series on homeownership and buying and selling a home.</p>
Debt and Taxes <img src="https://66.media.tumblr.com/848cc1495b0309fad1afe163ecc7443b/1f6943bf47643280-ca/s540x810/bfa90481bfcf3fc1916624a3900c861797b4b9d4.png" alt="Debt and Taxes" class="wp-image-4663" srcset="https://legalforms.io/wp-content/uploads/2019/10/3-4-1-991x496.png 991w, https://legalforms.io/wp-content/uploads/2019/10/3-4-1-480x240.png 480w, https://legalforms.io/wp-content/uploads/2019/10/3-4-1-300x150.png 300w, https://legalforms.io/wp-content/uploads/2019/10/3-4-1-768x384.png 768w, https://legalforms.io/wp-content/uploads/2019/10/3-4-1.png 1024w" sizes="(max-width: 991px) 100vw, 991px" data-orig-height="496" data-orig-width="991" data-orig-src="https://legalforms.io/wp-content/uploads/2019/10/3-4-1-991x496.png" /><strong>Is a husband or wife responsible for debts incurred by the other?</strong>
<p><strong>Answer.</strong> That depends on the nature of the debt as well as where the couple lives. If both husband and wife have co-signed for the debt, both will be responsible for paying it. For instance, assume the husband and wife apply together for a charge card. If both sign the application form and promise to pay the charge bills, both will be responsible for paying off the balance to the credit card company or store, even if only one of them made the purchases and the other disapproved. Similarly, if a husband and wife co-sign on a mortgage for a home, both of them are potentially liable to the mortgage company, even if one of them no longer lives in the home. In community property states, a husband and wife may likewise be responsible for debts incurred by the other.</p>
<strong>Is a husband or wife liable for the debts of the other without co</strong>–<strong>signing for the debt?</strong>
<p><strong>Answer.</strong> That again depends on the nature of the debt and where the couple lives. Some states have”family expense statutes” that make a husband or wife liable for expenses incurred for the benefit of the family, even if the other spouse did not sign for or approve of the expense in advance. Still, other states impose this family expense obligation by the common law without a statute. Thus, if the wife charged groceries at a local store or took the couple’s child to a doctor for care, the husband could be liable because these are expenses for the benefit of the family. On the other hand, if the wife runs up bills for a personal holiday or the husband buys expensive coins for his coin collection, the other spouse normally would not be liable unless he or she co-signed for the debt. Again, in community property states, a husband or wife is generally obligated for the debts of the other.</p>
<strong>Is one spouse responsible for debts the other spouse brought into the marriage?</strong>
<p><strong>Answer.</strong> Not in most states. In states that do not recognize community property, such debts belong to the spouse who incurred them. But in community property states, a spouse may, under special circumstances, become liable for the other spouse’s premarital debts. See the article on consumer credit.</p>
<strong>Do a spouse’s credit rights depend on marital status or the other spouse’s financial status?</strong>
<p><strong>Answer.</strong> The law forbids denying credit on the basis of marital status. See the article on consumer credit.</p>
<strong>Which spouse is responsible for paying taxes?</strong>
<p><strong>Answer.</strong> If each spouse’s name appears on a state or federal personal income tax return, both parties signing the return are liable for the taxes. If a couple files jointly, the Internal Revenue Service generally holds each one responsible for the entire debt. A spouse who files as Married filing separately is not responsible for the other’s debt.</p>
<strong>Do the tax laws penalize married couples?</strong>
<p><strong>Answer.</strong> That depends on the tax bracket of each person. If one has a high taxable income and the other a relatively low taxable income, they will generally pay less income tax if they are married and filing a joint return than they would pay if single and filing as single persons. They also will pay less by filing a joint return than by filing separate returns (as married persons). For couples in which both wife and husband have a high income, the total tax will be higher for those who file jointly.</p>
<p>Years ago, there were stories about financially well-off married couples who would go to the Caribbean each December, obtain a divorce, file tax returns as single persons for that year to save money, and then remarry in the new year. Such a practice could be regarded as tax fraud. In any case, the savings are not as great as they were in years past.</p>
<strong>May one spouse make a tax</strong>–<strong>free gift to the other spouse?</strong>
<p><strong>Answer.</strong> A person may give his or her spouse any amount of money without paying federal gift taxes if the spouse is a U.S. resident. However, it must be an outright gift or set up as a proper trust. Most, but not all, state laws have done away with taxes on gifts between spouses. But the same is not true with respect to gifts to other family members. Gifts to children or other relatives may be taxable if they exceed a certain amount per year.</p>
<h2>Doing Business Together</h2>
<img src="https://66.media.tumblr.com/d182e490328cb40772550359a28479fb/1f6943bf47643280-44/s540x810/ecd0a6cfe1327167253523e7e98f33998de28829.png" alt="Doing Business Together " class="wp-image-4664" srcset="https://legalforms.io/wp-content/uploads/2019/10/3-5-1-991x496.png 991w, https://legalforms.io/wp-content/uploads/2019/10/3-5-1-480x240.png 480w, https://legalforms.io/wp-content/uploads/2019/10/3-5-1-300x150.png 300w, https://legalforms.io/wp-content/uploads/2019/10/3-5-1-768x384.png 768w, https://legalforms.io/wp-content/uploads/2019/10/3-5-1.png 1024w" sizes="(max-width: 991px) 100vw, 991px" data-orig-height="496" data-orig-width="991" data-orig-src="https://legalforms.io/wp-content/uploads/2019/10/3-5-1-991x496.png" /><strong>My husbands and wives go into business together?</strong>
<p><strong>Answer.</strong> Certainly. Wives and husbands can be business partners, just like any other two people, whether related or not. They could set up a corporation and both be owners and employees of the corporation; they could form a partnership, or one could own the business and employ the other. Wages and benefits can be paid, just as they would for any other employee. If wages and benefits are being paid to a spouse or child, the amount usually should not be more than what is reasonable or fair market value. If artificially high payments are made, the business could get into trouble with the Internal Revenue Service.</p>
<strong>Is a wife or husband liable for the other’s business debts?</strong>
<p><strong>Answer.</strong> Usually, no–unless the husband or wife had co-signed on the debt or they reside in a community property state. It is common, however, for institutions that lend money to small businesses to want personal guarantees of payment from the owner of the business, and not just from the business itself. In the event the debt is not paid, lenders would like as many pockets to reach into as possible.</p>
<p>If the owner of the business owns a home, the lender may want to use the home as collateral for the business loan. That means that the spouse of the business owner may be asked to sign a paper allowing the use of the home as collateral. Thus, the home could be lost if the business cannot pay off its debts. As long as a spouse does not co-sign for the business debts, the spouse normally will not be liable for business debts incurred by his or her mate. An exception may exist in community property states.</p>
<strong>May a couple file jointly for bankruptcy?</strong>
<p><strong>Answer.</strong> Yes. Bankruptcy provides relief for people who have more debts than they can pay. See the chapter on bankruptcy.</p>
<strong>Must a working spouse provide a pension for a dependent spouse?</strong>
<p><strong>Answer.</strong> The law does not specifically require this, but most pension plans provide for it. Also, depending upon the type of pension plan, a dependent spouse is given certain rights under federal law regarding the working spouse’s pension benefits. See the series on “The Rights of Older Americans.”</p>
<h2>Domestic Violence</h2>
<img src="https://66.media.tumblr.com/2b32f3b15db24b5bea039b8924805018/1f6943bf47643280-07/s540x810/1b062d44044cfa479ac1f6728d80302c8af3e6b6.png" alt="Domestic Violence" class="wp-image-4665" srcset="https://legalforms.io/wp-content/uploads/2019/10/3-6-1-991x496.png 991w, https://legalforms.io/wp-content/uploads/2019/10/3-6-1-480x240.png 480w, https://legalforms.io/wp-content/uploads/2019/10/3-6-1-300x150.png 300w, https://legalforms.io/wp-content/uploads/2019/10/3-6-1-768x384.png 768w, https://legalforms.io/wp-content/uploads/2019/10/3-6-1.png 1024w" sizes="(max-width: 991px) 100vw, 991px" data-orig-height="496" data-orig-width="991" data-orig-src="https://legalforms.io/wp-content/uploads/2019/10/3-6-1-991x496.png" /><strong>What are legal remedies for domestic violence?</strong>
<p><strong>Answer.</strong> State legislatures and courts have been paying increasing attention to domestic violence. Many states have elaborate laws designed to protect spouses from domestic violence by their spouses or other family members. In many states, protection also is available for people in dating relationships that have become abusive. A common remedy is for a court to issue a “protective order” ordering the alleged abuser to stop abusing or harassing someone else.</p>
<p>In addition, the orders often will order the abuser to stay away from the spouse, the spouse’s home, or place of work. If the person continues to abuse his or her spouse (or another person protected by the order), the abuser can be charged with a criminal violation of the order in addition to being charged with other offenses, such as a battery.</p>
<strong>What kind of actions are considered domestic violence?</strong>
<p><strong>Answer.</strong> Domestic violence statutes in most states apply not only to physical attacks but also to other types of conduct. Some examples of conduct that could be considered domestic violence: creating a disturbance at a spouse’s place of work, harassing telephone calls, surveillance and threats against a spouse or family member (even though the threat may not have been carried out).</p>
<strong>Do protective orders actually protect the victim of domestic violence?</strong>
<p><strong>Answer.</strong> In many cases, yes. Studies have shown that issuing a protective order or arresting a person who commits an act of domestic violence does reduce future incidents of domestic violence. When perpetrators of domestic violence see that the police and court system will treat domestic violence seriously, many persons who commit domestic violence may be deterred from future violence.</p>
<p>But orders of protection are not guarantees of protection or safety. For some individuals with intense anger or rage, no court order will stop their violence, and a court order might even add to the rage. Newspapers periodically carry stories of women murdered by their husband or boyfriend despite numerous arrests and orders of protection. The legal system cannot offer perfect protection, although it can reduce violence.</p>
<strong>Where does one turn for help in cases of domestic violence?</strong>
<p><strong>Answer.</strong> In a crisis situation, a call to the police is a good place to start. Many people complain that police do not take accusations of domestic violence seriously. That can be true in some circumstances, but on the whole, police are treating domestic violence situations more seriously, and police officers are receiving increased training on the subject. The local state’s attorney or district attorney also may be able to offer some help.</p>
<p>An increasing number of hospitals, crisis intervention programs, and social service agencies have programs to help victims of domestic violence. Agencies offering help in cases of domestic violence might be found using resources like “Domestic Violence Help,” “Human Services Organizations,” or “Crisis Intervention.”</p>
<h2>Child Rights & Laws</h2>
<img src="https://66.media.tumblr.com/815ddde2e6aebd862d6f5118910132c1/1f6943bf47643280-7f/s540x810/78952fb3b29a9e629c506fdef74e4d127a3f6465.png" alt="Children" class="wp-image-4654" srcset="https://legalforms.io/wp-content/uploads/2019/10/34-1-991x496.png 991w, https://legalforms.io/wp-content/uploads/2019/10/34-1-480x240.png 480w, https://legalforms.io/wp-content/uploads/2019/10/34-1-300x150.png 300w, https://legalforms.io/wp-content/uploads/2019/10/34-1-768x384.png 768w, https://legalforms.io/wp-content/uploads/2019/10/34-1.png 1024w" sizes="(max-width: 991px) 100vw, 991px" data-orig-height="496" data-orig-width="991" data-orig-src="https://legalforms.io/wp-content/uploads/2019/10/34-1-991x496.png" />
<h2>Decision To Have Children</h2>
<strong>Who makes the decision to become a parent?</strong>
<p><strong>Answer.</strong> The Supreme Court in Roe v. Wade and other cases have declared that the decision of whether or not to have a child is a very personal one and that the decision is protected by the right of privacy under the United States Constitution. This means that individuals who wish to have a child cannot be barred from doing so (unless perhaps they are incarcerated). Individuals who do not wish to have a child have a legal right to obtain and use contraceptives?</p>
<strong>What if one spouse wants children and the other does not?</strong>
<p><strong>Answer.</strong> This is a significant emotional issue that, of course, and can be very difficult. If one member of the married couple wants a child and the other does not, that could be a basis for a divorce. A disagreement on such a fundamental issue could be an “irreconcilable difference” under the no-fault divorce laws of most states. In states that have grounds for divorce based on someone being at fault, a disagreement on the question of whether to have children could be viewed as “mental cruelty,” and thus a basis for ending the marriage.</p>
<p>Beyond divorce, remedies are limited. The courts cannot force a pregnant woman to stop the pregnancy, nor does the law require a wife to have her husband’s permission for an abortion.</p>
<h2><strong>Abortion</strong></h2>
<strong>What is the current status of abortion law?</strong>
<p><strong>Answer.</strong> As of the year 2000, women still have a right to an abortion. In 1992, the U.S. SupremeCourt in the case of Planned Parenthood v. Casey reaffirmed its 1973 decision in Roe v. Wade that women have a constitutional right to seek an abortion during the early stages of pregnancy. States, however, do have a right to regulate how abortions are performed and states may ban abortions after the fetus is viable (able to live outside the womb) unless the mother’s life or health is endangered. The scope of regulation and funding of abortions by the government varies from state to state. In Casey, the Supreme Court held it was permissible for states to impose a 24-hour waiting period on obtaining abortions and to require a minor to have the consent of one parent or a judge for an abortion.</p>
<h2><strong>Childbirth</strong></h2>
<strong>Are there any rules prohibiting parents from having their children born at home?</strong>
<p><strong>Answer.</strong> No, at-home births generally are an option for parents. The mother should have good prenatal care, and she should make sure the health care provider believes the delivery will not pose significant risks to the mother or child. If the delivery is risky for the mother or child, it is much better to use a hospital. Some states allow nurse-midwives to deliver children at the parents’ home or at a birthing center. Other states allow nurse-midwives to practice only at hospitals or under the direct supervision of a physician</p>
<strong>If the delivery is at a hospital, may the father or a sibling be present?</strong>
<p><strong>Answer.</strong> At most hospitals, the father may be present at birth. Hospitals often prefer that the father and mother have gone through some training before the delivery. Parents should check with their hospitals about other rules and about whether siblings would be allowed in the delivery room.</p>
<h2><strong>Parent</strong>al Rights and Responsibilities</h2>
<img src="https://66.media.tumblr.com/3218356a752c1c313d92631474899c91/1f6943bf47643280-74/s540x810/aee7750705f53da4045dd503088a5b7bd851318f.png" alt="Parental Rights and Responsibilities" class="wp-image-4666" srcset="https://legalforms.io/wp-content/uploads/2019/10/7-14-991x496.png 991w, https://legalforms.io/wp-content/uploads/2019/10/7-14-480x240.png 480w, https://legalforms.io/wp-content/uploads/2019/10/7-14-300x150.png 300w, https://legalforms.io/wp-content/uploads/2019/10/7-14-768x384.png 768w, https://legalforms.io/wp-content/uploads/2019/10/7-14.png 1024w" sizes="(max-width: 991px) 100vw, 991px" data-orig-height="496" data-orig-width="991" data-orig-src="https://legalforms.io/wp-content/uploads/2019/10/7-14-991x496.png" /><strong>What are the rights of parents?</strong>
<p><strong>Answer.</strong> Parents have a right to direct the care, control, and upbringing of their children. This gives them the power to make various decisions, including where to live, what school to attend, what religion to follow, and what medical treatment to obtain.</p>
<p>Normally the state may not interfere in these decisions. Only in life-threatening or extreme situations will the courts step in to overrule parents. For example, when a child might die without the medical care that the parents refuse to provide, a judge may make the child a ward of the court and order that the care is provided. Parents have been prosecuted for withholding medical treatment from seriously ill children. This is true even in situations where parents act out of religious belief.</p>
<p>There may be certain medical procedures, however, that the law allows “mature minors” to decide upon for themselves, even if their parents disagree. For example, parents have no absolute veto power over a minor’s decision to use contraceptives or to obtain an abortion.</p>
<p>Parents also have the legal authority to control their children’s behavior and social lives. Children have a duty to obey their parents’ reasonable rules and commands. Parents may discipline or punish their children appropriately. They may not, however, use cruel methods or excessive force; that constitutes child abuse.</p>
<strong>What are the legal rights of children?</strong>
<p><strong>Answer.</strong> Children have a unique status under the law. This chapter cannot explain this special status fully. However, it can point out a few of the major differences between the rights of adults and children.</p>
<p>Most important, children have a right to be supported by their parents. At a minimum, this means food, shelter, clothing, medical care, and education.</p>
<p>The law defines children as unmarried persons under the age of majority–usually eighteen–who have not left home to support themselves. The law protects children from abuse and neglect. It also entitles them to the protection of the state. Children may be removed from their homes if it is necessary to ensure them a safe, supportive environment. This removal may be temporary or permanent.</p>
<p>The law allows children to sue. However, in most instances, an adult legal representative must begin the suit.</p>
<p>Children accused of committing crimes are subject to the juvenile courts of their state, not the regular criminal justice system. (In some states, children accused of serious crimes who are above a certain age—such as thirteen—may be tried in court as adults.) Juvenile courts entitle children to only some of the due process safeguards that adults receive. In return, these courts have more freedom to deal with juveniles in an effort to rehabilitate them.</p>
<strong>How long do parents’ legal obligations to their children continue?</strong>
<p><strong>Answer.</strong> Parents are legally responsible for their children until they reach the age of majority (usually eighteen), marry, or leave home to support themselves. In some states, divorced parents may be obliged to pay for a child’s college education or trade school. In addition, a parent’s duty to support a disabled child might continue for the child’s entire life.</p>
<strong>Who makes the decision to become a parent?</strong>
<p><strong>Answer.</strong> The Supreme Court in Roe v. Wade and other cases have declared that the decision of whether or not to have a child is a very personal one and that the decision is protected by the right of privacy under the United States Constitution. This means that individuals who wish to have a child cannot be barred from doing so (unless perhaps they are incarcerated). Individuals who do not wish to have a child have a legal right to obtain and use contraceptives?</p>
<strong>What if one spouse wants children and the other does not?</strong>
<p><strong>Answer.</strong> This is a significant emotional issue that, of course, can be very difficult. If one member of the married couple wants a child and the other does not, that could be a basis for a divorce. A disagreement on such a fundamental issue could be an “irreconcilable difference” under the no-fault divorce laws of most states. In states that have grounds for divorce based on someone being at fault, a disagreement on the question of whether to have children could be viewed as “mental cruelty,” and thus a basis for ending the marriage.</p>
<p>Beyond divorce, remedies are limited. The courts cannot force a pregnant woman to stop the pregnancy, nor does the law require a wife to have her husband’s permission for an abortion.</p>
<h2>Who Controls The Money Children Earn Or Inherit?</h2>
<blockquote class="uagb-blockquote">Generally, parents do not have unlimited, direct control over their children’s money. If children earn or inherit money, that money must be used for the childrens benefit. Some states require the appointment of a guardian under court supervision if a child has substantial funds. Unless a court appoints someone else, parents are the guardians of their children’s money. The parents are legally responsible for managing the money properly and using it for their children’s needs.<img class="" src="https://66.media.tumblr.com/da66bb93b9575a683058e898fafe58b0/1f6943bf47643280-ff/s540x810/56bd85adaa4f1d2df87d50c9e4452db49b75aaf1.png" alt="" data-orig-height="480" data-orig-width="480" data-orig-src="https://legalforms.io/wp-content/uploads/2019/08/breather-163392-copy-2-476815_PR_114___SI_18_02_14_042-m-Mask-480x480.png" />Author</blockquote>
<strong>Are parents financially responsible for the acts of their children?</strong>
<p>The law on this varies from state to state. Some states make parents financially responsible for damage caused by their children, but the states may place limits on the amount of liability. In Illinois, for example, parents or guardians may be required to pay no more than $2,500 for the “willful or malicious acts” of minor children who harm another person or property.</p>
<p>Generally, if a child has an auto accident while driving a parent’s car, the parent’s auto insurance policy will cover the loss to the same extent it would if the parent had been driving the car (although parents usually have to pay higher insurance premiums to cover young drivers).</p>
<h2>What Are The Duties of Adult Children Toward Their Parents</h2>
<blockquote class="uagb-blockquote">Adult children normally have no responsibilities toward their parents. In return, their parents have no duties toward them. However, there are exceptions. In some states, children must support parents who otherwise would be on welfare. The children can avoid paying support if they can show that the parents did not care for them when they were underage. In some states, children may have to contribute to the support of parents in a state hospital or mental institution. However, the children’s ability to pay–not the actual costs of the care–usually determines how much they must pay.<img class="" src="https://66.media.tumblr.com/da66bb93b9575a683058e898fafe58b0/1f6943bf47643280-ff/s540x810/56bd85adaa4f1d2df87d50c9e4452db49b75aaf1.png" alt="" data-orig-height="480" data-orig-width="480" data-orig-src="https://legalforms.io/wp-content/uploads/2019/08/breather-163392-copy-2-476815_PR_114___SI_18_02_14_042-m-Mask-480x480.png" />Author</blockquote>
<h2><strong>Adoption</strong></h2>
<strong>How does one adopt a child?</strong>
<p><strong>Answer.</strong> Adoption laws vary from state to state. For adopting a child who is not related to the adoptive parent or parents, there generally are two types of adoptions: agency adoptions and private adoptions.</p>
<strong>What is an agency adoption?</strong>
<p><strong>Answer.</strong> As the name implies, the parents work through a licensed agency. The agency often supervises the care of biological mothers who are willing to give up their children, and it assists in the placement of children after birth. Agencies screen adoptive parents–often extensively– before the adoption proceeds. Some agencies have long waiting lists of parents. Some agencies also specialize in placing children born in foreign countries.</p>
<strong>What is a private adoption?</strong>
<p><strong>Answer.</strong> Private adoptions bypass the use of agencies and they may help bypass the long waiting lists as well. The process may begin when people who seek to adopt a child contact an attorney who specializes in adoptions. The attorney may work with physicians who are aware of women willing to give up children for adoption. Sometimes would-be parents will place ads in newspapers seeking women who are willing to place their babies for adoption.</p>
<p>In most states, adoptive parents are allowed to pay a biological mother’s medical expenses and certain other costs during pregnancy. But adoptive parents are not allowed to pay the biological mother specifically to give up the child. The law treats this as a “black market adoption,” the buying and selling of children, and it’s a crime in every state.</p>
<strong>Is court approval necessary for an adoption?</strong>
<p><strong>Answer.</strong> Yes. Court approval is needed for both agency and private adoptions. Many states also require that adoptive parents be approved by a social service agency.</p>
<strong>Can a biological mother revoke her consent to the adoption?</strong>
<p><strong>Answer.</strong> Yes, but there are limits on her right to revoke consent. In most states, a biological mother who initially consents to a child’s adoption before birth may revoke that consent after birth. In other words, the mother’s consent usually is not final or binding until a certain period of time after birth. In most states, the time period is relatively short, such as two to eight days. If a biological mother consented to adoption during the proper period of time after birth, it is much harder for her to revoke her consent. Following an after-birth consent, a biological mother generally may revoke her consent only if she can show that there was fraud or duress. Fraud could be found in the adoption agency or attorney lied to her about the consequences of what she was doing. Duress might exist if a person at the adoption agency threatened the biological mother with humiliation if she did not sign. A biological mother’s change of heart normally is not enough by itself to revoke an after-birth adoption consent. Although a mother may feel emotionally drained and under stress after the birth of a child that she plans to give up for adoption, that type of stress usually is not enough to revoke an adoption unless the person or agency that obtained the mother’s consent used harsh tactics to obtain her consent.</p>
<strong>Is the biological father’s consent necessary?</strong>
<p><strong>Answer.</strong> Generally, yes–at least if the biological father is known. He should be notified of the birth and pending adoption so that he may consent or object. If the father is not known, the adoption may proceed without his consent (although adoptive parents can feel safer about the validity of their adoption if the biological father has been notified and agreed to it). If a biological father is not notified, he may later contest the adoption if he acts within a certain period of time after the child’s birth or adoption. (Six months is a typical time period, although the period varies between states.)</p>
<strong>What is a “related adoption”?</strong>
<p><strong>Answer.</strong> A “related adoption” is one in which a child’s relatives, such as grandparents or an aunt and uncle, formally adopt a child as their own. This might occur if the child’s biological parents are deceased or are otherwise unable to care for the child.</p>
<strong>What is a stepparent adoption?</strong>
<p><strong>Answer.</strong> Stepparent adoption is one in which a child’s biological parent marries someone who wishes to adopt the biological parent’s child and is able to do so.</p>
<strong>What happens if the child’s other biological parent does not agree to the adoption by the stepparent?</strong>
<p><strong>Answer.</strong> If a biological parent does not consent to the adoption of a child, the child cannot be adopted by another person unless a court first finds that the biological parent is unfit.</p>
<strong>What is the definition of an unfit parent?</strong>
<p><strong>Answer</strong>. Parental unfitness is determined by state law. Normally, an unfit parent is one who has failed to have regular contact with a child or to contribute to his or her support. A parent is also unfit if he or she has been abusive or has otherwise failed to provide adequate care for the child.</p>
<strong>What happens if a stepparent adopts his spouse’s child and the parents later divorce?</strong>
<p><strong>Answer.</strong> A divorce does not affect the legality of the adoption. The stepparent continues to have all the rights and responsibilities of a biological parent, including a right to seek custody or visitation and a duty to support the child.</p>
<strong>Can a single person adopt a child?</strong>
<p><strong>Answer.</strong> Yes, although some agencies strongly prefer to place a child with a married couple. Other agencies–particularly those dealing with children who might be hard to place–are willing to place a child with a single person. Single-parent adoptions usually are possible in private adoptions.</p>
<strong>Can lesbian or gay couples adopt a child?</strong>
<p><strong>Answer.</strong> Yes, in some states, such as New York and California, gay and lesbian couples are able to adopt a child.</p>
<strong>What is an “open adoption”?</strong>
<p><strong>Answer.</strong> An “open adoption” is one in which the adoptive parents agree to let the biological mother (or biological father) have some continued contact with the child after the adoption. This contact might be periodic visits or exchange of pictures and other information between the adoptive family and the biological parent or parents. The nature of the contact often is specified in the adoption agreement. Open adoptions have become more common as more birth mothers have become involved with choosing which adoptive family will receive their child. But open adoptions are a relatively new phenomenon, and in many states, it is not certain whether an open adoption agreement is enforceable by the birth mother.</p>
<strong>Who has access to adoption records?</strong>
<p><strong>Answer.</strong> In most states, court adoption records are sealed and can only be opened by court order (although Oregon allows all adopted children access to their adoption records). Procedures and standards for opening records vary by state. Increasingly, states require that certain non-identifying information, such as the medical history of the biological family, be made available to the adoptive parents at the time of adoption. Some states also have registries where parties to the adoption can agree to a later exchange of information, including names and addresses.</p>
<strong>What is the legal status of an adopted child?</strong>
<p><strong>Answer.</strong> An adopted child has exactly the same rights as one born to his or her parents. Similarly, adoptive parents have the same obligations to the child as they would to one born to them.</p>
<strong>What about medically assisted pregnancies?</strong>
<p><strong>Answer.</strong> As medical science advances, there are a variety of ways in which individuals who wish to become parents can be helped to do so by medically assisted means, including artificial insemination, and in vitro fertilization. These medical procedures have legal implications that vary by state. Generally, however, if both husband and wife consent to artificial insemination or in vitro fertilization, the rights and duties of the husband, wife, and child will be the same as if the child had been naturally conceived.</p>
<strong>What is surrogate parenthood?</strong>
<p><strong>Answer.</strong> In this arrangement, a woman agrees, with or without payment, to bear a child for another couple. This usually occurs when the wife cannot conceive or carry a child to term. In nearly all cases, through artificial insemination, the husband’s sperm fertilizes an egg belonging to either the wife or the surrogate mother. This makes the husband the biological father of the child. The surrogate mother agrees to give up all parental rights at birth. Then the wife of the biological father legally adopts the child. A few states outlaw this arrangement when the surrogate mother receives payment. Other states are considering laws that would restrict it. Persons contemplating such an arrangement should seek legal advice before entering into such an arrangement.</p>
<h2><strong>Paternity</strong></h2>
<img src="https://66.media.tumblr.com/60916ef8136b0161896090fe43905d7e/1f6943bf47643280-43/s540x810/815aba895fc9608dc4fa3ae8f9ecd1ce51031406.png" alt="Paternity" class="wp-image-4678" srcset="https://legalforms.io/wp-content/uploads/2019/10/35-991x496.png 991w, https://legalforms.io/wp-content/uploads/2019/10/35-480x240.png 480w, https://legalforms.io/wp-content/uploads/2019/10/35-300x150.png 300w, https://legalforms.io/wp-content/uploads/2019/10/35-768x384.png 768w, https://legalforms.io/wp-content/uploads/2019/10/35.png 1024w" sizes="(max-width: 991px) 100vw, 991px" data-orig-height="496" data-orig-width="991" data-orig-src="https://legalforms.io/wp-content/uploads/2019/10/35-991x496.png" />
<h2>How <strong>Modern S</strong>cience Affects Paternity in This Present Day</h2>
<blockquote class="uagb-blockquote">Paternity cases increasingly use scientific evidence. The blood tests used during much of the last century were useful only up to a certain point. They might prove that a man was not the father of a certain child, but could not prove that he was the father. New tests that sample the DNA (genetic material) of the child and the supposed father are nearly 100 percent accurate in proving or disproving paternity. <img class="" src="https://66.media.tumblr.com/da66bb93b9575a683058e898fafe58b0/1f6943bf47643280-ff/s540x810/56bd85adaa4f1d2df87d50c9e4452db49b75aaf1.png" alt="" data-orig-height="480" data-orig-width="480" data-orig-src="https://legalforms.io/wp-content/uploads/2019/08/breather-163392-copy-2-476815_PR_114___SI_18_02_14_042-m-Mask-480x480.png" />Author</blockquote>
<strong>May an unmarried mother legally force the father of her baby to support the child?</strong>
<p><strong>Answer.</strong> Yes. Both parents, married or not, have a duty to support the child. If the father admits paternity, the mother should have him sign a statement to that effect. Then, if necessary, it will be easier to force the father to help support the child. If he does not admit to being the father, the mother may file a paternity suit against him. If this civil action succeeds, the court will require the father to provide support. Sometimes the court also will require the father to pay for the mother’s pregnancy and childbirth expenses.</p>
<strong>If a court decides that a man is a child’s father, how much will he have to pay in support?</strong>
<p><strong>Answer.</strong> The law requires unwed parents to support their children the same as married parents. Child support guidelines, which have been enacted in all states, will determine the amount of support. As with children born to married parents, the obligation of support usually lasts until the child is an adult. If a father refuses to support his child, a court may garnish his wages, seize his property or bank accounts, revoke his driver’s license or professional license, and perhaps even send him to jail.</p>
<strong>What may a husband legally do if his wife bears a child that is not his?</strong>
<p><strong>Answer.</strong> The law presumes that a married woman’s child is her husband’s. He must support the child unless he can prove in court that he is not the father. Some states assume the husband is the father no matter what proof he presents. These states do not allow a husband to disprove the paternity of a child born during the marriage.</p>
<h2><strong>Abuse and Neglect Laws</strong></h2>
<img src="https://66.media.tumblr.com/287fae0f4d4d729893e30735833a8896/1f6943bf47643280-7f/s540x810/d556ef5471868577a383ea4e363bd9876022dfe0.png" alt="Abuse and Neglect Laws" class="wp-image-4652" srcset="https://legalforms.io/wp-content/uploads/2019/10/36-3-991x496.png 991w, https://legalforms.io/wp-content/uploads/2019/10/36-3-480x240.png 480w, https://legalforms.io/wp-content/uploads/2019/10/36-3-300x150.png 300w, https://legalforms.io/wp-content/uploads/2019/10/36-3-768x384.png 768w, https://legalforms.io/wp-content/uploads/2019/10/36-3.png 1024w" sizes="(max-width: 991px) 100vw, 991px" data-orig-height="496" data-orig-width="991" data-orig-src="https://legalforms.io/wp-content/uploads/2019/10/36-3-991x496.png" /><strong>What is child neglect?</strong>
<p><strong>Answer.</strong> State laws make it a criminal offense for parents and legal guardians to fail to meet children’s basic needs, including food, shelter, clothes, medical treatment, and supervision. Such failure constitutes child neglect.</p>
<strong>What persons and what types of actions are covered by child abuse laws?</strong>
<p><strong>Answer.</strong> It is a crime for adults to abuse children in their care. Such adults include parents, foster parents, legal guardians, other adults in the home, family members, and babysitters. Supervising adults may not go beyond reasonable physical punishment. For example, adults who beat children so severely that they require medical treatment have violated these laws. Child abuse laws involve not only physical abuse (such as beatings or starvation) but other types of cruelty, such as sexual molestation and subjecting a child to extreme public humiliation.</p>
<p>A person may be guilty of child abuse that he or she did not personally commit if that person had legal responsibility for the child and failed to protect the child from the abuser.</p>
<h2>Taking Children Away From Their Parents</h2>
<blockquote class="uagb-blockquote">Whether or not a criminal case is brought, the state may remove children from the custody of their parents if there is reason to believe the parents are physically, sexually, or emotionally abusing one or more of the children. The state also may remove the children if the parents are unable or unwilling to provide adequate care, supervision, and support.<img class="" src="https://66.media.tumblr.com/da66bb93b9575a683058e898fafe58b0/1f6943bf47643280-ff/s540x810/56bd85adaa4f1d2df87d50c9e4452db49b75aaf1.png" alt="" data-orig-height="480" data-orig-width="480" data-orig-src="https://legalforms.io/wp-content/uploads/2019/08/breather-163392-copy-2-476815_PR_114___SI_18_02_14_042-m-Mask-480x480.png" />Author</blockquote>
<strong>Who has a duty to report suspected child neglect and abuse?</strong>
<p><strong>Answer.</strong> The law compels a wide range of people who have contact with children to report suspected child abuse or neglect. Such people include doctors, nurses, teachers, social workers, and childcare providers. A person who is required to report suspected neglect or abuse may face civil or criminal penalties for failure to do so. In addition, states often encourage the reporting of suspected abuse by others such as neighbors and family members through special hotlines. The laws of most states encourage persons to make reports of abuse by granting them immunity from defamation suits by the accused parents if they make the report in good faith. Some states keep central lists of suspected child abuse cases. This helps identify parents, for example, who take their children to different hospitals in order to conceal the evidence that they have repeatedly abused their children.</p>
<strong>If the law takes children away from their parents, is the removal temporary or permanent?</strong>
<p><strong>Answer.</strong> The goal usually is to reunite the family after correcting the problems that led to the removal. This, however, is not always possible. For example, if the parents make little or no effort to improve the children’s care, then the state may ask a court to end all parental rights. If this happens, the legal bonds between parents and children are completely and permanently cut, and another family may adopt the children.</p>
<h2><strong>Separation, Annulment, And D</strong>ivorce</h2>
<img src="https://66.media.tumblr.com/558de196f1895c43d57210fb2e3d5827/1f6943bf47643280-55/s540x810/520b34f367a6fef92e2372281c9d849f153dd181.png" alt="SEPARATION, ANNULMENT, AND DIVORCE" class="wp-image-4651" srcset="https://legalforms.io/wp-content/uploads/2019/10/37-3-991x496.png 991w, https://legalforms.io/wp-content/uploads/2019/10/37-3-480x240.png 480w, https://legalforms.io/wp-content/uploads/2019/10/37-3-300x150.png 300w, https://legalforms.io/wp-content/uploads/2019/10/37-3-768x384.png 768w, https://legalforms.io/wp-content/uploads/2019/10/37-3.png 1024w" sizes="(max-width: 991px) 100vw, 991px" data-orig-height="496" data-orig-width="991" data-orig-src="https://legalforms.io/wp-content/uploads/2019/10/37-3-991x496.png" />
<p>Sometimes marriages do not succeed. Despite the efforts of husband and wife, and perhaps the help of counselors and clergy, there is nothing to do but end the relationship. And, as the state was involved in creating the marriage, so too it becomes involved in dissolving it.</p>
<h2><strong>Separation and Separate Maintenance</strong></h2>
<img src="https://66.media.tumblr.com/039c6499a32e928ed92d37a6585fb358/1f6943bf47643280-45/s540x810/4d6653a61d3a9130a3a0459c46f88bec86e017ac.png" alt="Separation and Separate Maintenance" class="wp-image-4650" srcset="https://legalforms.io/wp-content/uploads/2019/10/38-3-991x496.png 991w, https://legalforms.io/wp-content/uploads/2019/10/38-3-480x240.png 480w, https://legalforms.io/wp-content/uploads/2019/10/38-3-300x150.png 300w, https://legalforms.io/wp-content/uploads/2019/10/38-3-768x384.png 768w, https://legalforms.io/wp-content/uploads/2019/10/38-3.png 1024w" sizes="(max-width: 991px) 100vw, 991px" data-orig-height="496" data-orig-width="991" data-orig-src="https://legalforms.io/wp-content/uploads/2019/10/38-3-991x496.png" /><strong>What is a legal separation?</strong>
<p><strong>Answer.</strong> A “legal separation” means that the husband and wife are living separately, and they have formalized the arrangement by a court order or a written marital settlement agreement between themselves. The order or agreement usually will state that the parties are living separately, and it will specify what support if any, one spouse will pay the other. If the husband and wife have minor children, the agreement or court order usually specifies arrangements regarding child custody or a child visitation agreement.</p>
<p>A legal separation is not the same as a divorce. A separation recognizes the possibility that the couple might reunite. In any case, its terms can be modified by the parties or the court when the couple divorce. Most importantly, persons who are legally separated may not remarry. They must wait until a divorce is final before marrying again.</p>
<strong>Does a person have to be legally separated before obtaining a divorce?</strong>
<p><strong>Answer.</strong> No. In most states, a couple can proceed straight to divorce without first seeking a legal separation. While waiting for the divorce, the couple might live separately (without a formal agreement) or, in some states, they could even live together pending the final divorce.</p>
<strong>Is there an advantage to legal separation?</strong>
<p><strong>Answer.</strong> That depends on the needs of the parties. A legal separation offers a structure for the parties while they are waiting for a divorce (or while they are considering a divorce). If one spouse is paying support for the other spouse or for the children, the spouse receiving the support may want the terms put in writing. Similarly, one or both parties may want a fixed schedule of who will be with the children at what times. If these terms are part of a written agreement or court order, the parties know what to count on, and a party can go to court to seek enforcement if the other does not abide by the agreement or order.</p>
<strong>Are there any tax advantages to legal separation?</strong>
<p><strong>Answer.</strong> Yes, potentially. If one spouse is paying support for the other, the payer can deduct that money from his or her income for tax purposes. The payment will then be considered taxable income to the recipient. If the payer is in a higher tax bracket than the recipient, this will reduce the couple’s combined tax liability. In any case, it will reduce the payer’s taxes and raise the recipient’s. To obtain such a deduction, the parties must be legally separated by written agreement or court order. The deduction is not available for those who have an informal separation.</p>
<strong>Why would a spouse who is receiving support agree to this arrangement if it results in more taxes for her or him and a tax advantage to the other spouse?</strong>
<p><strong>Answer.</strong> The tax advantage to the payer may encourage paying support in the first place and it may result in a greater amount of support. Some couples and their lawyers may calculate a tentative amount of support that would be paid without any tax benefit to the payer. Then they calculate the tax benefit of creating a deduction for the payer and income for the recipient. They split the tax savings by increasing the level of support. The increased support usually exceeds the added taxes the recipient will pay, and the payer will have less money out-of-pocket for the year because of the tax savings.</p>
<strong>Are there psychological advantages of a legal separation?</strong>
<p><strong>Answer.</strong> For some people, yes. Some men and women may want to separate but are not sure they want to go through a divorce. The separation might be a “trial separation”–relieving some immediate pressures while the husband and wife sort out what they want to do with their lives. And a formal legal separation agreement may provide some structure, security, and financial advantages during the period of separation.</p>
<h2><strong>Annulment</strong></h2>
<img src="https://66.media.tumblr.com/5857914bd14260b5882667d74401b761/1f6943bf47643280-c9/s540x810/4088670fb6f1a5d347b0ddeca1fa3cb8861369dc.png" alt="Annulment" class="wp-image-4649" srcset="https://legalforms.io/wp-content/uploads/2019/10/39-991x496.png 991w, https://legalforms.io/wp-content/uploads/2019/10/39-480x240.png 480w, https://legalforms.io/wp-content/uploads/2019/10/39-300x150.png 300w, https://legalforms.io/wp-content/uploads/2019/10/39-768x384.png 768w, https://legalforms.io/wp-content/uploads/2019/10/39.png 1024w" sizes="(max-width: 991px) 100vw, 991px" data-orig-height="496" data-orig-width="991" data-orig-src="https://legalforms.io/wp-content/uploads/2019/10/39-991x496.png" /><strong>What is an annulment?</strong>
<p><strong>Answer.</strong> An annulment is a court ruling that a supposed marriage was never valid. The most common ground for annulment is fraud or misrepresentation. For example, one person may have not disclosed to the other a prior divorce, a criminal record, an infectious disease, an inability to engage in sex or have children. An annulment may also be granted for bigamy, incest, or marriage to an underage person.</p>
<strong>How common are annulments?</strong>
<p><strong>Answer.</strong> They are uncommon because divorces are easy to obtain and the bases for an annulment are narrower than the bases for a divorce. One party may prefer an annulment, however, in order to avoid some obligations that a court might impose in a divorce. Also, in a few states, spousal support that terminated because of the recipient’s second marriage may be reinstated if the second marriage is annulled.</p>
<strong>Divorce</strong> <img src="https://66.media.tumblr.com/bf4f207cb919fd47208daab19cde368d/1f6943bf47643280-8b/s540x810/c8069e53dc2f9f995c6cf6959e763f23e276795d.png" alt="Divorce" class="wp-image-4648" srcset="https://legalforms.io/wp-content/uploads/2019/10/40-1-991x496.png 991w, https://legalforms.io/wp-content/uploads/2019/10/40-1-480x240.png 480w, https://legalforms.io/wp-content/uploads/2019/10/40-1-300x150.png 300w, https://legalforms.io/wp-content/uploads/2019/10/40-1-768x384.png 768w, https://legalforms.io/wp-content/uploads/2019/10/40-1.png 1024w" sizes="(max-width: 991px) 100vw, 991px" data-orig-height="496" data-orig-width="991" data-orig-src="https://legalforms.io/wp-content/uploads/2019/10/40-1-991x496.png" /><strong>What is divorce?</strong>
<p><strong>Answer.</strong> A divorce–referred to in some states as a “dissolution of marriage “–is a decree by a court that a valid marriage no longer exists. It leaves both parties free to remarry. It usually provides for the division of property and makes arrangements for child custody and support.</p>
<strong>May a couple get a divorce without lawyers?</strong>
<p><strong>Answer.</strong> Most states permit do-it-yourself divorces. But the complexities of property division and taxes may make it advisable for both parties to have expert legal and financial advice.</p>
<strong>Are most divorces contested?</strong>
<p><strong>Answer.</strong> No. Although divorces may be emotionally contentious, most divorces (probably more than 95 percent) do not end up in a contested trial. Usually, the parties negotiate and settle such things as property division, spousal support, and child custody between themselves, probably with attorneys’ help. Sometimes parties reach an agreement by mediation, with a trained mediator who tries to help husband and wife identify and accommodate common interests. The parties then present their negotiated or mediated agreement to a judge. Approval is virtually automatic if the agreement is fair.</p>
<p>If parties are unable to agree about the property, support, and child custody, they may ask the court to decide one or more of those matters. One spouse may sue the other for divorce, alleging certain faults or offenses by the defendant. But this has become far less common than it once was. Most divorces now are no-fault divorces.</p>
<strong>What is a no</strong>–<strong>fault divorce?</strong>
<p><strong>Answer.</strong> It is a divorce in which neither person blames the other for the breakdown of the marriage. There are no accusations, no need to prove “guilt.” A common basis for a no-fault divorce is “irreconcilable difference” or “irretrievable breakdown.” As those terms imply, the marriage is considered to be over, but the court and the legal documents do not try to assign blame. Another common basis for no-fault divorce is the parties living separate and apart for a given period of time, such as for six months or a year, with the intent that the separation is permanent.</p>
<strong>Why does the law provide for no</strong>–<strong>fault divorces?</strong>
<p><strong>Answer.</strong> No-fault divorces are considered a more humane and realistic way to end a marriage. Husbands and wives who are divorcing usually are suffering enough without adding more fuel to the emotional fires by trying to prove who did what to whom. The laws of no-fault divorce recognize that human relationships are complex and that it is difficult to prove that a marriage broke down solely because of what one person did. However, some critics of no-fault divorces are concerned that an economically dependent spouse may not be adequately protected when it is comparatively easy for the other spouse to obtain a divorce.</p>
<p>All states have some form of no-fault divorce, but most states also retain fault-based grounds as an alternative way of obtaining a divorce. Some spouses want the emotional release of proving fault by their mates. Courts are not a very good forum for such personal issues, and the accuser is usually less satisfied than he or she expected to be.</p>
<strong>What are the</strong> grounds for obtaining a divorce based on the <strong>fault?</strong>
<p><strong>Answer.</strong> States that allow fault-based divorce vary somewhat on the allowable grounds. Many states permit divorce for adultery, physical cruelty, mental cruelty, attempted murder, desertion, habitual drunkenness, use of addictive drugs, insanity, impotency, and infection of one’s spouse with venereal disease. Spouses in the mood for revenge probably could come up with a multi-count complaint.</p>
<strong>Will the use of fault grounds affect other aspects of the divorce?</strong>
<p><strong>Answer.</strong> That depends on the state. In some states, the fault may be taken into consideration in deciding property and spousal support, even if the divorce is granted on no-fault grounds. For example, in some states fault will be considered if it directly causes waste or dissipation of marital assets.</p>
<p>In many states, the fault of a party in causing a breakdown of the marriage is not supposed to be a factor in dividing property or deciding spousal support. In other states, however, a spouse who commits adultery may not be able to receive spousal support. In custody cases, the marital fault of a party usually is not supposed to be considered unless that fault caused a harmful impact on the child. For example, a discrete extra marital affair normally would not be a major factor in deciding custody. But an affair or series of affairs that placed the child in stressful situations could be a factor in deciding custody.</p>
<strong>May a woman resume her unmarried name when she divorces?</strong>
<p><strong>Answer.</strong> Yes, that is her option. She may resume her unmarried name or keep her married name. If she is changing her name, she should notify government agencies and private companies that have records of her name. Examples of places to notify: Internal Revenue Service, Social Security Administration, Passport Agency (within U.S. State Department), Post Office, state tax agencies, driver’s license bureau, voter registration bureau, professional licensing agencies, professional societies, unions, mortgage company, landlord, banks, charge card companies, telephone company, other utilities, magazines, newspapers, dentists, and schools and colleges that the woman attended or that her children attend. It can be useful to have the divorce decree state that the wife will resume her unmarried name, but generally, it is not necessary to do so in order for a woman to make a valid name change.</p>
<h2><strong>Property</strong></h2>
<img src="https://66.media.tumblr.com/6a3fd005def850d352c384c667068312/1f6943bf47643280-55/s540x810/644f07879791df663662c7581d73ab3aad060911.png" alt="Property" class="wp-image-4647" srcset="https://legalforms.io/wp-content/uploads/2019/10/41-2-991x496.png 991w, https://legalforms.io/wp-content/uploads/2019/10/41-2-480x240.png 480w, https://legalforms.io/wp-content/uploads/2019/10/41-2-300x150.png 300w, https://legalforms.io/wp-content/uploads/2019/10/41-2-768x384.png 768w, https://legalforms.io/wp-content/uploads/2019/10/41-2.png 1024w" sizes="(max-width: 991px) 100vw, 991px" data-orig-height="496" data-orig-width="991" data-orig-src="https://legalforms.io/wp-content/uploads/2019/10/41-2-991x496.png" /><strong>In divorce cases, how often do judges decide who gets what?</strong>
<p><strong>Answer.</strong> Judges rule on major contested issues in only a relatively small number of cases. As noted earlier, probably more than 95 percent of divorce cases are not decided by the court. Instead, the parties—often with help from attorneys—have reached an agreement between themselves which they present a judge for approval. If the agreement is fair, approval usually is granted after a short hearing.</p>
<p>Nonetheless, the rules of law that a judge would use to decide a contested case influence the settlements that the parties reach. If it is predictable that a matter would be decided in a certain way, it is seldom worth taking the issue to trial. In many cases, the cost of pursuing a disputed property issue at trial will exceed the possible monetary gain of a victory in court.</p>
<strong>How do judges decide disputed property issues?</strong>
<p><strong>Answer.</strong> Laws vary from state to state. As a starting point, many states allow parties to keep their”nonmarital” or “separate” property. Nonmarital property includes property that a spouse brought into the marriage and kept in his or her own name during the marriage. It also includes inheritances received and kept separate during the marriage. It also may include gifts received by just one spouse during the marriage. Some states permit division of separate as well as marital property when parties divorce, but the origin of the property is considered when deciding who receives the property. After allocating separate property, the court divides marital or community property.</p>
<strong>What is marital or community property?</strong>
<p><strong>Answer.</strong> Marital or community property is defined somewhat differently by different states, but it generally includes property and income acquired during the marriage. Wages earned during the marriage would be marital property. Home and furniture purchased during the marriage usually would be marital property.</p>
<strong>What if the property obtained during the marriage is in the name of one party only?</strong>
<p><strong>Answer.</strong> That too usually will be marital property if it was paid for with marital funds such as wages. For example, if a wife buys a car during the marriage and pays for it with her wages, the car is marital property, even though it is in her name only. A pension also is usually marital property, even though it may have been earned by the labor of only one spouse during the marriage. A pension can be a very significant piece of property. The pension and the family home often are the most valuable assets acquired by a couple during the marriage. (If a pension was completely earned before the marriage, it probably would be nonmarital property.) Marital or community property can be divided by the court between the parties.</p>
<strong>How does a husband or wife keep nonmarital property separate and thus less likely to be lost in a divorce?</strong>
<p><strong>Answer.</strong> The main way to keep nonmarital property separate is to keep it in one’s own name and not mix it with marital property. For example, if a wife came into a marriage with a $20,000 money market account and wanted to keep it as nonmarital property, she should keep the account in her own name and not deposit any marital funds in the account. She should not, for instance, deposit her paychecks into the money market account, because the paychecks are marital funds and the deposit could turn the whole account into marital property.</p>
<p>Another example: If a husband inherits some stock from his mother during the marriage and he wants to keep it as nonmarital property, he should open his own investment account and should not use the account for any investments that he and his wife own together.</p>
<p>If a husband or wife decides to use some nonmarital funds for a common purpose, such as purchasing a home in joint tenancy, that money normally will become marital property. The nonmarital property will be viewed by the courts of most states as a gift to the marriage. Property settlement agreements and laws have many intricacies and variations between states; understanding them usually requires a lawyer’s help.</p>
<strong>How do courts divide marital or community property?</strong>
<p><strong>Answer.</strong> Again, the answer varies from state to state. A few states, such as California, take a rather simple approach. They believe property should be divided equally because they view marriage as a joint undertaking in which both spouses are presumed to contribute equally, though often in different ways, to the acquisition and preservation of property. All marital property will be divided fifty-fifty unless the husband and wife had an antenuptial agreement stating otherwise. (Premarital agreements were discussed earlier in this chapter.) Most states, however, apply a concept called “equitable distribution.”</p>
<strong>What is “equitable distribution”?</strong>
<p><strong>Answer.</strong> That means a court divides marital property as it thinks it is fair. States applying principles of equitable distribution also view marriage as a shared enterprise in which both spouses usually contribute significantly to the acquisition and preservation of property. The division of property could be fifty-fifty, sixty-forty, seventy-thirty, or even all for one spouse and nothing for the other (although that would be very unusual). Under equitable distribution, courts consider a variety of factors and need not weigh the factors equally. That permits more flexibility and more attention to the financial situation of both spouses after the divorce. However, it also makes the resolution of property issues less predictable. Here are some examples of factors that are considered by states applying principles of equitable distribution.</p>
<ol>
<li>Nonmarital property. If one spouse has much more nonmarital property than the other, that could be a basis for giving more marital property to the less wealthy spouse.</li>
<li>Earning power. If one spouse has more earning power than the other, that could be a basis for giving more marital property to the spouse with less earning power.</li>
<li>Who earned the property. That can be a factor favoring the party who worked hard to acquire or maintain the property.</li>
<li>Services as a homemaker. Courts recognize that keeping a home and raising children is work. In addition, those services often enable the spouse who is working outside the home to earn more money. Thus, services as a homemaker are a factor in favor of the homemaker. Some courts also apply a related concept of considering whether one spouse had impaired her or his earning capacity because of working as a homemaker. That factor also would favor the homemaker-spouse.</li>
<li>Waste and dissipation. If a spouse wasted money during the marriage, that could count against him or her when it comes time to divide the property. This factor is sometimes labeled “economic fault,” and may be considered even by courts that do not consider other kinds of fault.</li>
<li>Fault. Non-economic fault, such as spousal abuse or marital infidelity, is considered in some states, but many states do not consider it relevant to property division.</li>
<li>Duration of marriage. A longer marriage may be a factor in favor of a larger property award to the spouse with less wealth or earning power.</li>
<li>Age and health of parties. If one spouse has ill health or is significantly older than the other, that factor could favor a larger award to the sicker or older spouse.</li>
</ol>
<strong>Who is likely to get the house?</strong>
<p><strong>Answer.</strong> That depends on the facts of each case. If the parties have children and can afford to keep the house, even though they will be living separately, the law usually favors giving the house to the spouse who will have custody of the children most of the time. If the parties cannot afford to keep the house, it may be sold and the proceeds divided (or perhaps given to one party).</p>
<p>In some cases, there is a middle-ground approach: The spouse who has primary custody of the children will have a right to live in the house for a certain number of years. At the end of that time, that spouse will buy out the other spouse’s interest or sell the house and divide the proceeds.</p>
<strong>What if the parties have a negative net worth</strong>—<strong>owing more money than they have?</strong>
<p><strong>Answer.</strong> In that uncomfortable but common situation, the court (or the parties by agreement) will divide whatever property they have and then allocate the responsibility of each party to pay off particular debts.</p>
<h2><strong>Alimony/Maintenance</strong></h2>
<img src="https://66.media.tumblr.com/121ac4733d90bec6b7b3f5f0845516cc/1f6943bf47643280-3d/s540x810/cbd05bea1996d3c76f69b5c01777070c23a647da.png" alt="Alimony/Maintenance " class="wp-image-4646" srcset="https://legalforms.io/wp-content/uploads/2019/10/42-2-991x496.png 991w, https://legalforms.io/wp-content/uploads/2019/10/42-2-480x240.png 480w, https://legalforms.io/wp-content/uploads/2019/10/42-2-300x150.png 300w, https://legalforms.io/wp-content/uploads/2019/10/42-2-768x384.png 768w, https://legalforms.io/wp-content/uploads/2019/10/42-2.png 1024w" sizes="(max-width: 991px) 100vw, 991px" data-orig-height="496" data-orig-width="991" data-orig-src="https://legalforms.io/wp-content/uploads/2019/10/42-2-991x496.png" /><strong>What is alimony or spousal maintenance?</strong>
<p><strong>Answer.</strong> Alimony or maintenance–sometimes also referred to as “spousal support”–is money paid from one spouse to another for the day-to-day support of the spouse with fewer financial resources. Sometimes alimony also can be used to pay back a debt. For example, if one spouse paid to put the other spouse through college or graduate school, alimony might be used to pay back the spouse who provided financial support for the education.</p>
<strong>When do courts award alimony?</strong>
<p><strong>Answer.</strong> At one time, courts commonly ordered husbands to pay alimony to their former wives until the ex-wives married again or died. Today, alimony is ordered by a court on the basis of one spouse’s need or entitlement and the other spouse’s ability to pay. Although most alimony payments are made from men to women, it is possible that a well-off woman could be required to pay support to her economically dependent husband. Maintenance is awarded less often now because there are more two-income couples and fewer marriages in which one person is financially dependent on the other. A person who pays support may deduct it from his or her income for tax purposes; the one who receives it must pay taxes on it (unless the parties agree otherwise).</p>
<strong>What is rehabilitative support?</strong>
<p><strong>Answer.</strong> A common type of spousal support is rehabilitative support. It is intended to provide a chance for education or job training so that a spouse who was financially dependent or disadvantaged during the marriage can become self-supporting. Rehabilitative maintenance is designed to help make up for opportunities lost by a spouse who left a job (or did not pursue a career) in order to help the other spouse’s career or to assume family duties. It also may be awarded to a spouse who worked outside the home during the marriage but sacrificed his or her career development because of family priorities. Rehabilitative support is usually awarded for only a limited time, such as one to five years.</p>
<strong>What is permanent support?</strong>
<p><strong>Answer.</strong> Courts award permanent spousal support to provide money for a spouse who can not become economically independent. The most common reason for ordering permanent maintenance is that the recipient, because of advanced age or chronic illness, will never be able to maintain a reasonable standard of living without the support. When deciding the amount of permanent support, courts often use the same criteria for dividing the property.</p>
<p>Although it is called permanent support, the support can change or cease if the ability of the payer or the needs of the recipient changes significantly. It ends if the recipient remarries, and it may end if the recipient lives with someone else.</p>
<strong>If one spouse supports the other through graduate or professional school, does the supporting spouse have a right to be compensated for increasing the earning capacity of the other spouse?</strong>
<p><strong>Answer.</strong> Some courts offer compensation when neither property distribution nor traditional spousal support is appropriate. For example, one spouse may have supported the other through graduate or professional school. The supporting spouse may have expected that both would benefit from the educated spouse’s enhanced earning capacity, but the marriage ended before any material benefits were earned.</p>
<p>The supporting spouse does not need rehabilitation because that spouse has worked during the entire marriage, and there is no significant property to be distributed because marital resources went to the educational effort. In cases such as this, the courts may award compensation, usually as periodic payments, to the supporting spouse. The amount paid may be based upon the contributions of the supporting spouse to the educational expenses and general support of the spouse who leaves the marriage with an advanced degree, or it may be based upon a portion of the increased earnings of the educated spouse. The courts may change or end such payments if the expected increased earnings do not occur, but the payments are not ended by the remarriage of the recipient. This type of payment sometimes is often called “reimbursement alimony” or “alimony in gross.”</p>
<strong>Does the law help newly divorced spouses who must now get their own health</strong> <strong>insurance?</strong>
<p><strong>Answer.</strong> Yes. A federal law passed in the 1980s requires most employer-sponsored group health plans to offer divorced spouses of covered workers continued coverage at group rates for as long as three years. The divorced spouse of a worker must pay for the coverage, but the coverage is available.</p>
<h2><strong>Custody</strong></h2>
<img src="https://66.media.tumblr.com/86a04d8606114b241b6dc8d299632e9b/1f6943bf47643280-ec/s540x810/c8109f37ecf93151e701e898901b787b63e2dae3.png" alt="Custody" class="wp-image-4645" srcset="https://legalforms.io/wp-content/uploads/2019/10/43-2-991x496.png 991w, https://legalforms.io/wp-content/uploads/2019/10/43-2-480x240.png 480w, https://legalforms.io/wp-content/uploads/2019/10/43-2-300x150.png 300w, https://legalforms.io/wp-content/uploads/2019/10/43-2-768x384.png 768w, https://legalforms.io/wp-content/uploads/2019/10/43-2.png 1024w" sizes="(max-width: 991px) 100vw, 991px" data-orig-height="496" data-orig-width="991" data-orig-src="https://legalforms.io/wp-content/uploads/2019/10/43-2-991x496.png" /><strong>What is child custody?</strong>
<p><strong>Answer.</strong> Child custody is the right and duty to care for a child on a day-to-day basis and to make major decisions about the child. In sole custody arrangements, one parent takes care of the child most of the time and makes major decisions about the child. In joint custody arrangements, both parents share in making major decisions, and both parents also might spend substantial amounts of time with the child. Joint custody will be described in more detail later in this section.</p>
<strong>How do courts decide custody?</strong>
<p><strong>Answer.</strong> If the parents cannot agree on custody of their child, the court decides custody according to”the best interest of the child.” Determining the best interest of the child involves consideration of many factors.</p>
<strong>Do mothers automatically receive custody?</strong>
<p><strong>Answer.</strong> No. Under the laws of almost all states, mothers and fathers have an equal right to custody. Courts are not supposed to assume that a child is automatically better off with the mother or the father. In a contested custody case, both the father and mother have an equal burden of proving to the court that it is in the best interest of the child that the child be in his or her custody. There are a few states (mostly in the South) that have laws providing that if everything else is equal, the mother may be preferred; but in those states, many fathers have been successful in obtaining custody, even if the mother is a fit parent.</p>
<strong>How have the laws changed in deciding custody disputes between mothers and fathers?</strong>
<p><strong>Answer.</strong> The law has swung like a pendulum. From the early history of our country until the mid-1800s, fathers were favored for custody in the event of a divorce. Children were viewed as similar to property. If a husband and wife divorced, the man usually received the property–such as the farm or the family business. He also received custody of the children. Some courts viewed custody to the father as a natural extension of the father’s duty to support and educate his children.</p>
<p>By the mid-1800s, most states switched to a strong preference for the mother– sometimes referred to as the “Tender Years Doctrine.” Under the Tender Years Doctrine, the mother received custody as long as she was minimally fit. In other words, in a contested custody case, a mother would receive custody unless there was something very wrong with her, such as she abused the child or suffered from mental illness or alcoholism. The parenting skills of the father were not relevant. This automatic preference for mothers continued until the 1960s or 1980s, depending on the state. Then principles of equality took over, at least in the law books of almost all states.</p>
<strong>Are judges prejudiced in favor of mothers or fathers in deciding custody cases?</strong>
<p><strong>Answer.</strong> Although judges are supposed to be neutral in custody disputes between mothers and fathers, many observers believe some judges are biased. Some judges, based on their background or personal experience, may have a deep-seated belief that mothers can take care of children better than fathers and that fathers have little experience in parenting. Conversely, some judges may believe that fathers automatically are better at raising boys–particularly older boys. Judges with such biases may apply these views when they decide custody cases, although they are supposed to base decisions on the facts of each case and not on automatic presumptions. As a group, judges are less biased in deciding custody cases today than in times past, although some bias still exists.</p>
<strong>What is the most important factor in deciding custody?</strong>
<p><strong>Answer.</strong> That will vary with the facts of each case. If one parent in a custody dispute has a major problem with alcoholism or mental illness or has abused the child, that could be the deciding factor. If neither parent has engaged in unusually bad conduct, the most important factor often is which parent has been primarily responsible for taking care of the child on a day-to-day basis. Some states refer to this as “the primary caretaker factor.” If one parent can show that he or she took care of the child most of the time, that parent usually will be favored for custody, particularly if the child is young (under approximately eight years old). The use of this factor promotes continuity in the child’s life and gives custody of the child to the more experienced parent who has shown the dedication to take care of the child’s day-to-day needs. If both parents have actively cared for the child or if the child is older, the factor is less crucial, although it is still considered.</p>
<strong>May a child decide where he or she wants to live?</strong>
<p><strong>Answer.</strong> The wishes of a child can be an important factor in deciding custody. The weight a court gives the child’s wishes will depend on the child’s age, maturity, and quality of reasons. Some judges do not even listen to the preferences of a child under the age of seven and instead assume the child is too young to express an informed preference. A court is more likely to follow the preferences of an older child, although the court will want to assess the quality of the child’s reasons. If a child wants to be with the parent who offers more freedom and less discipline, a judge is not likely to honor the preference. A child whose reasons are vague or whose answers seem coached also may not have his or her preferences followed.</p>
<p>On the other hand, if a child expresses a good reason related to the child’s best interest– such as genuinely feeling closer to one parent than the other–the court probably will follow the preference. Although most states treat a child’s wishes as only one factor to be considered, two states (Georgia and West Virginia) declare that a child of fourteen has an “absolute right” to chose the parent with whom the child will live, as long as the parent is fit.</p>
<strong>How does a judge find out about the child’s preferences?</strong>
<p><strong>Answer.</strong> Often judges will talk to the child in private–in the judge’s chambers rather than in open court. In some cases, the judge may appoint a mental health professional, such as a psychiatrist, psychologist, or social worker, to talk to the child and report to the court.</p>
<strong>If a parent has a sexual relationship outside of marriage, how does that impact on a court’s decision on custody?</strong>
<p><strong>Answer.</strong> That depends on the law of the state and the facts of the case. In most states, affairs or nonmarital sexual relations are not supposed to be a factor in deciding custody unless it can be shown that the relationship has harmed the child. If, for example, one parent has had a discreet affair during the marriage, that normally would not be a significant factor in deciding custody. Similarly, if after the marriage is over, a parent lives with a person to whom he or she is not married, the live-in relationship by itself normally is not a major factor in deciding custody. In the case of live-in relationships, the quality of the relationship between the child and the live-in partner can be an important factor in a custody dispute.</p>
<p>If the parent’s non-marital sexual relationship or relationships have placed the child in embarrassing situations or caused significant stress to the child, then the relationship would be a negative factor against the parent involved in the relationship. In a few states, courts are more inclined to automatically assume that a parent’s nonmarital sexual relationship is harmful to the child. As with the issue of a preference for mothers in custody cases, the issue of a parent’s sexual conduct can be one in which individual judges may have personal biases that influence their decisions.</p>
<strong>If a parent is homosexual, what impact does that have on custody?</strong>
<p><strong>Answer.</strong> The impact varies dramatically from state to state. Courts in some states seem more willing to assume a harmful impact on a child from a parent’s homosexual relationship than from a heterosexual relationship. On the other hand, some states treat homosexual and heterosexual relationships equally and will not consider the relationship to be a significant factor unless specific harm to the child is shown. A homosexual parent (or a heterosexual parent) seeking custody will have a stronger case if he or she presents evidence that the child does not witness sexual contact between the partners and that the child likes the parent’s partner.</p>
<strong>If one parent is trying to undermine the child’s relationship with the other parent, how does that affect custody?</strong>
<p><strong>Answer.</strong> Most states declare a specific policy favoring an ongoing, healthy relationship between the child and both parents. If one parent is trying to undermine the child’s relationship with the other parent, that is a negative factor against the parent who is trying to hurt the relationship. If other factors are close to equal, a court may grant custody to the parent who is more likely to encourage an open and good relationship with the other parent.</p>
<strong>If one parent is religious and the other is not, may the court favor the more religious parent?</strong>
<p><strong>Answer.</strong> Normally, no. Under the First Amendment to the United States Constitution, both parents have a right to practice religion or not practice religion as they see fit. A judge is not supposed to make value judgments about whether a child is better off with or without religious training or about which religion is better. If a child has been brought up with particular religious beliefs and religious activities are important to the child, a court might favor promoting continuity in the child’s life, but the court should not favor religion per se. In some cases, a parent’s unusual or non-mainstream religious activities may become an issue, but, normally, a court should not consider a parent’s unusual religious practices in deciding custody or visitation unless specific harm to the child is shown.</p>
<strong>Can custody decisions be changed?</strong>
<p><strong>Answer.</strong> Yes. A court may always change child custody arrangements to meet the changing needs of the growing child and to respond to changes in the parents’ lives. A parent seeking to change custody through the court usually must show that the conditions have changed substantially since the last custody order. The parent also must show that changing the custody arrangement would be better for the child. Sometimes the parent must show that not changing custody would be harmful to the child.</p>
<h2><strong>Visitation</strong></h2>
<strong>If a parent does not receive custody, how much visitation is he or she likely to receive?</strong>
<p><strong>Answer.</strong> That will vary with the desires of the parents and the inclinations of a judge. A common amount of visitation, however, is every other weekend (Friday evening through Sunday); a weeknight (for dinner); half of the child’s winter and spring breaks; alternate major holidays; and several weeks in the summer. If parents live far apart and regular weekend visitation is not feasible, it is common to allocate more summer vacation and school holidays to the noncustodial parent. For parents who do not like the term “visitation” or “custody,” it is possible to draft a custody agreement template and visitation order that leaves out those terms and just describes the times at which the child will be with each parent.</p>
<strong>Under what circumstances may the custodial parent deny the other parent visitation?</strong>
<p><strong>Answer.</strong> The parent with custody must have a good reason to deny the other parent visitation. For example, if the noncustodial parent has molested the child, is likely to kidnap the child, or is likely to use illegal drugs or excessive amounts of alcohol while caring for the child, a court probably will deny visitation or restrict visitation. If visitation is restricted, visitation might be allowed only under supervision, such as at a social service agency or in the company of a responsible relative.</p>
<h2><strong>Joint Custody</strong></h2>
<img src="https://66.media.tumblr.com/41cec77e168b10cadaa23fdc23652ad1/1f6943bf47643280-60/s540x810/7ca7a988aaf88f44d9668df75b817872e1506fe2.png" alt="Joint Custody" class="wp-image-4644" srcset="https://legalforms.io/wp-content/uploads/2019/10/45-1-991x496.png 991w, https://legalforms.io/wp-content/uploads/2019/10/45-1-480x240.png 480w, https://legalforms.io/wp-content/uploads/2019/10/45-1-300x150.png 300w, https://legalforms.io/wp-content/uploads/2019/10/45-1-768x384.png 768w, https://legalforms.io/wp-content/uploads/2019/10/45-1.png 1024w" sizes="(max-width: 991px) 100vw, 991px" data-orig-height="496" data-orig-width="991" data-orig-src="https://legalforms.io/wp-content/uploads/2019/10/45-1-991x496.png" /><strong>What is joint custody?</strong>
<p><strong>Answer.</strong> Joint custody–sometimes referred to as “shared custody” or “shared parenting”–has two parts: joint legal custody and joint physical custody. A joint custody order can have one or both parts.</p>
<strong>What is joint legal custody?</strong>
<p><strong>Answer.</strong> Joint legal custody refers to both parents sharing in major decisions affecting the child. The custody order may describe the issues on which the parents must share decisions. The most common issues are school, health care, and religious training (although both parents have a right to expose the child to his or her religious beliefs). Other issues on which the parents may make joint decisions include: extracurricular activities, summer camp, the age for dating or driving, and methods of discipline. Many joint custody orders specify procedures parents should follow in the event they cannot agree on an issue. The most common procedure is for the parents to consult a mediator. The mediation will be discussed later in this chapter.</p>
<strong>What is joint physical custody?</strong>
<p><strong>Answer.</strong> Joint physical custody refers to the time the child spends with each parent. The amount of time is flexible. The length of time could be relatively moderate, such as every other weekend with one parent; or the amount of time could be equally divided between the parents. Parents who opt for equal time-sharing have come up with many alternatives such as alternate two-day periods; equal division of the week; alternate weeks; alternate months; alternate four-month periods; and alternate six month periods. If the child is attending school and spends a substantial amount of time with both parents, it usually is best for the child if the parents live relatively close to each other. Some parents, on an interim basis, have kept the child in a single home and the parents rotate staying in the home with the child.</p>
<strong>Are courts required to order joint custody if a parent asks for it?</strong>
<p><strong>Answer.</strong> No. In most states, joint custody is an option–just as sole custody is an option. Courts may order joint custody or sole custody according to what the judge thinks is in the best interest of the child. In some states (ten in 1999), legislatures have declared a general preference for joint custody. That usually means the courts are supposed to order joint custody if a parent asks for it unless there is a good reason for not ordering joint custody. The most common reason for not ordering joint custody is the parents’ inability to cooperate. Courts are concerned that a child will be caught in the middle of a tug-of-war if joint custody is ordered for parents who do not cooperate with each other. Parents who do not cooperate also will have trouble with sole custody and visitation, but the frequency of conflicts may be somewhat less since they will need to confer less often on major decisions and the logistics of a joint physical custody arrangement.</p>
<strong>What are the pros and cons of joint physical custody?</strong>
<p><strong>Answer.</strong> Supporters of joint physical custody stress that it is in the best interest of children to protect and improve their relationship with both parents. They believe shared custody is the only way to make sure that the children do not “lose” a parent because of the divorce. Critics fear that shared-time parenting is unworkable and worry about instability and potential conflict for the child. The success of joint physical custody may depend on the child. Some researchers have said that children who are relatively relaxed and laid back will do better with joint physical custody than children who are tense and become easily upset by changes in routine. Because joint physical custody usually requires keeping two homes for the child, joint physical custody often costs more than sole custody.</p>
<p>Parents probably should avoid locking in any parenting plan forever. Rather, they should plan to review the custody arrangement as the children grow and the children’s needs change.</p>
<h2><strong>Child Support</strong></h2>
<img src="https://66.media.tumblr.com/89ddf3f784141e17dfcee08e89a3905a/1f6943bf47643280-d9/s540x810/71a251f93b1f69cedc4a9248e57ebae99085c3e7.png" alt="Child Support" class="wp-image-4643" srcset="https://legalforms.io/wp-content/uploads/2019/10/46-1-991x496.png 991w, https://legalforms.io/wp-content/uploads/2019/10/46-1-480x240.png 480w, https://legalforms.io/wp-content/uploads/2019/10/46-1-300x150.png 300w, https://legalforms.io/wp-content/uploads/2019/10/46-1-768x384.png 768w, https://legalforms.io/wp-content/uploads/2019/10/46-1.png 1024w" sizes="(max-width: 991px) 100vw, 991px" data-orig-height="496" data-orig-width="991" data-orig-src="https://legalforms.io/wp-content/uploads/2019/10/46-1-991x496.png" /><strong>How do courts set child support?</strong>
<p><strong>Answer.</strong> Under federal law, all states must have guidelines by which courts determine child support. The guidelines were established because variations in the amounts of support set in similar circumstances were considered to be too wide and because child support, in many cases, was considered to be too low. The guidelines are formulas that consider the income of the parties, the number of children, and perhaps some other factors. The formulas are based on studies of how much families ordinarily spend on child-raising. The formulas try to approximate the proportion of parental income that would have been spent for support of the child if the family had not been divided by divorce. Courts plug numbers into the formula and come up with an amount of support that should be paid for the child or children. The parties can argue that because of special circumstances, a court should order more or less support than the guideline amount.</p>
<strong>When working with guideline formulas, how are the parents’ incomes determined?</strong>
<p><strong>Answer.</strong> States use the parent’snet income or gross income. Gross income is the parent’s income from all (or almost all) sources, including wages, investments, and other sources). Net income is equal to gross income minus federal and state income taxes, Social Security tax, Medicare tax, health insurance, and perhaps union dues.</p>
<p>For self-employed persons, the determination of income may be complex. Courts will allow deductions of reasonable business expenses before determining net income. But courts may disallow unusually high business expenses and depreciation that reduce income artificially without hurting the parent’s cash flow. Thus, certain expenses that are deductible for tax purposes may not be deductible from income for the purpose of setting child support.</p>
<strong>How much child support should a noncustodial parent expect to pay?</strong>
<p><strong>Answer.</strong> That question is difficult to answer precisely because guidelines vary between states and because courts may depart from the guidelines. But some examples can be given.</p>
<strong>What is an example of a guideline for child support based on the income of only the noncustodial parent?</strong>
<p><strong>Answer.</strong> Here is the “percentage of obligor’s income” guideline which was in effect in Illinois in the year 2000:</p>
<p>Number of Children</p>
<p>Supporting Party`s Net Income %</p>
<p>1</p>
<p>20%</p>
<p>2</p>
<p>25%</p>
<p>3</p>
<p>32%</p>
<p>4</p>
<p>40%</p>
<p>5</p>
<p>45%</p>
<p>6 or more</p>
<p>50%</p>
<p>“Under this guideline, if a noncustodial parent (“supporting party”) had a net income of $40,000, the annual level of child support would be $8,000 for one child; $10,000 for two children; $12,800 for three children, etc.</p>
<strong>What’s an example of a support formula based on the incomes of both parents?</strong>
<p><strong>Answer.</strong> Support guidelines based on the incomes of both parents often are referred to as “income shares models.” Under these guidelines, the court first adds the net income (or in some states, the gross income) of both parents. Then the court consults a long table or computer program which assesses the total obligation of support as a percentage of the combined incomes and the number of children. Generally, the percentage drops as the combined incomes rise, on the assumption that financially well off parents need to spend a smaller portion of their incomes on their children than parents who are less well-off. The court multiplies the combined incomes by the percent figure and obtains a dollar amount that the child or children are considered to need for support. Then the responsibility to pay that support is divided between the parents in proportion to each parent’s incomes.</p>
<p>Here is an example using Colorado’s child support schedules. Assume a father and mother have two children and a combined annual gross income of $60,000, $40,000 earned by the father and $20,000 earned by the mother. The schedules put the guideline amount for support at $11,508 per year ($959 per month). Since the father earns two-thirds of the parties’ combined income, he would pay two-thirds of the children’s support ($7,672 a year) and the mother would pay one-third ($3,836). If one parent had primary custody of the children, the other probably would make a cash payment to that parent. The parent with primary custody probably would not make a cash payment as such but would be assumed to be spending that amount on the children. Alternatively, the parents might set up a checking account for the children’s expenses and both would deposit their respective shares into the account.</p>
<strong>What are the reasons for ordering more support than the guideline amount?</strong>
<p><strong>Answer.</strong> This will vary from state to state and will depend, in part, on what expenses the guidelines include and do not include. But some common reasons for giving support above the base guideline amount include child-care expenses, high medical or dental expenses of the child that are not covered by insurance and voluntary unemployment or underemployment of the parent who is supposed to pay support. Expenses for summer camps and private schools also might be a basis for setting higher support levels, particularly if private schools or summer camps were part of the family’s lifestyle during the marriage.</p>
<strong>What are the reasons for setting support below the guideline amount?</strong>
<p><strong>Answer.</strong> Again, this can vary from state to state, but common reasons for setting support below the guideline amounts include support obligations from earlier marriages and large debts to pay off (particularly if the debts are related to family expenses). If the support guidelines are based on the income of only the noncustodial parent and if the custodial parent has an unusually high income, then the noncustodial parent can argue that the custodial parent’s income is a reason for setting support below the guidelines. Also, if the guidelines do not have a cap or maximum level of income to which they apply, the high income of the noncustodial parent is a basis for setting support below the guidelines. For example, using the Illinois guidelines described earlier, if a noncustodial parent has three children and an annual net income of $200,000, that parent can argue that the children do not need the $64,000 per year that the guidelines call for.</p>
<strong>What is the effect on child support if the parents have joint custody of the children?</strong>
<p><strong>Answer.</strong> That depends on the nature of the joint custody arrangement. If the parents have joint legal custody (by which they share in making major decisions regarding the child), that will have little effect on child support. If the parents have only joint legal custody, one parent still has primary custody of the child and handles payments of most of the child’s day-to-day expenses. The custodial parent’s expenses for the child have not been reduced by the joint custody arrangement. If the parents have joint physical custody and the child spends a substantial amount of time with each parent, support might be set at less than the guideline amount since both parents are likely to handle day-to-day expenses for the child. (Parents, however, will need to coordinate payments on major expenses such as camp, school, clothing, and insurance).</p>
<strong>Is child support paid while the child is with the noncustodial parent for summer vacation or long breaks?</strong>
<p><strong>Answer.</strong> In most cases, yes. Courts figure that many major expenses for the benefit of the child – such as rent, mortgage, utilities, clothes, and insurance have to be paid whether the child is with the custodial parent or not. So, usually, a full support payment is due, even if the child is with the noncustodial parent. On the other hand, the parties themselves (or the court) are free to agree on payments in different amounts during vacation periods when the child is with the noncustodial parent. The lower amount for vacation periods with the noncustodial parent might reflect savings to the custodial parent for food expenses or childcare.</p>
<strong>Do divorced parents have to pay for their child’s college expenses?</strong>
<p><strong>Answer.</strong> That depends on the state and the parties’ agreement. Courts in some states will require parents to pay for a child’s college expenses (assuming the parents can afford it and the child is a good enough student to benefit from college). Courts in other states note that married parents are not required to pay for their child’s college expenses, and, therefore, divorced parents are not required to do so either. Regardless of the state’s law on compulsory payment of college expenses, the mother and father can agree as part of their divorce settlement to pay for these costs. Courts usually will enforce those agreements.</p>
<strong>How is child support enforced if a parent does not pay?</strong>
<p><strong>Answer.</strong> The state and federal governments have a variety of techniques for enforcing payments of child support. The most common is a wage deduction, by which the employer sends a portion of the parent’s wages to a state agency which then sends the money to the parent who has custody of the child. Federal law requires that after 1994, all child support orders must provide for an automatic wage deduction unless the parties have agreed otherwise or unless a court waives the automatic order. The state also can intercept the federal and state tax refunds of persons who have not paid support. Liens can be placed on the property, such as real estate and automobiles. A parent who has not paid support can be held in contempt of court, which may result in a fine or a jail term. In addition, a parent who has not paid support can lose his or her driver’s license or professional license. State attorneys or district attorneys may help with the collection of child support, though their efficiency varies from district to district.</p>
<p>Child support enforcement is a matter of increasing federal concern. Under the Child Support Recovery Act of 1992, it is a federal crime to willfully fail to pay child support to a child who resides in another state if the past-due amount has been unpaid for over one year or exceeds $5,000. Punishments under federal law can include fines and imprisonment.</p>
<p>A parent may not reduce child support payments without a court order: the unpaid amounts will accumulate as a debt, even if a court later decides that there was a good reason for the reduction.</p>
<strong>To what extent is child support not paid?</strong>
<p><strong>Answer.</strong> The Census Bureau reports that only about half of the parents entitled to receive child support receive the full amount that is due. About one-quarter of parents to whom support is due to receive partial payments and the other one-quarter receive nothing at all. The Census Bureau estimates that each year, about $10 billion dollars in court-ordered child support is not paid. In addition to that, there are several million mothers who have not obtained orders of child support for their children. A high proportion of those women had children out of wedlock.</p>
<strong>What legal remedies are available if a child is abducted by a parent?</strong>
<p><strong>Answer.</strong> The abduction of a child by a parent is a crime under federal law and the laws of most states. Local police, state police, and in some cases the FBI can help in locating missing children. Parents who abduct their children also can be forced to pay the expenses incurred by the other parent who is trying to find and return the child. To recover such expenses, a parent usually would need the help of a private attorney.</p>
<h2><strong>Grandparents and Stepparents</strong></h2>
<img src="https://66.media.tumblr.com/32e7866450c5d5a60099fd0382b7a608/1f6943bf47643280-83/s540x810/c1eeff3243e0dcfbc092c3a57ffd2b860c777964.png" alt="Grandparents and Stepparents" class="wp-image-4641" srcset="https://legalforms.io/wp-content/uploads/2019/10/47-2-991x496.png 991w, https://legalforms.io/wp-content/uploads/2019/10/47-2-480x240.png 480w, https://legalforms.io/wp-content/uploads/2019/10/47-2-300x150.png 300w, https://legalforms.io/wp-content/uploads/2019/10/47-2-768x384.png 768w, https://legalforms.io/wp-content/uploads/2019/10/47-2.png 1024w" sizes="(max-width: 991px) 100vw, 991px" data-orig-height="496" data-orig-width="991" data-orig-src="https://legalforms.io/wp-content/uploads/2019/10/47-2-991x496.png" /><strong>What are grandparents’ rights to visitation?</strong>
<p><strong>Answer.</strong> Although all states have statutes allowing grandparents to seek visitation with their grandchildren, in June 2000, the United States Supreme Court issued a ruling that will make it more difficult for grandparents to obtain court-ordered visits with their grandchildren. In the case of <em>Troxel v. Granville</em>, Justice Sandra Day O’Connor, writing for a divided Court, held:</p>
<p>As so long as a parent adequately cares for his or her child (<em>i.e</em>. is fit), there will normally be no reason for the State to inject itself into the private realm of the family to further question the ability of that parent to make the best decisions concerning the rearing of that parent’s children. The scope of the Supreme Court’s decision is uncertain. The Court certainly believed that parents should be given more deference on decisions with whom the child will associate than was provided by the Washington State law. The Court, however, left open the possibility that some grandparents would be entitled to obtain court-ordered visitation. Such visitation might be allowed, for example, if the grandparents can show that they had a particularly strong relationship with their grandchildren, such as perhaps when the grandparents had raised the grandchildren for a number of years before primary custody of the children returned to the parents.</p>
<strong>May courts award grandparents custody of their grandchildren?</strong>
<p><strong>Answer.</strong> Yes, but usually only if neither parent wants the children or if the parents are unfit. Courts examine such factors as the grandparents’ age, health, and ability to care for the children. Courts will not deny grandparents custody because of their age, as long as they are healthy.</p>
<p>Some custody disputes between grandparents and parents arise when the grandparents have been raising their grandchildren for a considerable length of time under an informal arrangement. The grandparents may have become the “psychological parents” of the grandchildren by the time the parent or parents seek to regain custody. In this circumstance, courts in many states will allow the grandparents to retain custody, even if the parents are fit.</p>
<h2>Stepparent’s Rights & Duties</h2>
<blockquote class="uagb-blockquote">The responsibilities of a stepparent depend on state law. A stepparent usually is not liable for a spouse’s children from another marriage, unless the stepparent has adopted the children. Until then, the children’s biological parents are liable for their support. Some states, however, make stepparents liable for the stepchildren’s support as long as the stepparent and stepchildren are living together.<br />
<br />
A stepparent who does not adopt a spouse’s children normally may not claim custody of them if the marriage ends in divorce, although some states allow a stepparent to seek visitation and even custody. Stepchildren usually do not share in the estate of a stepparent, unless the stepparent has provided for the stepchildren in a will. However, unmarried stepchildren under eighteen may receive supplemental retirement benefits or survivor’s benefits under Social Security.<img class="" src="https://66.media.tumblr.com/da66bb93b9575a683058e898fafe58b0/1f6943bf47643280-ff/s540x810/56bd85adaa4f1d2df87d50c9e4452db49b75aaf1.png" alt="" data-orig-height="480" data-orig-width="480" data-orig-src="https://legalforms.io/wp-content/uploads/2019/08/breather-163392-copy-2-476815_PR_114___SI_18_02_14_042-m-Mask-480x480.png" />Author</blockquote>
<h2><strong>Mediation</strong></h2>
<img src="https://66.media.tumblr.com/7d810dfd21bdeaecb9e498b021263ead/1f6943bf47643280-5d/s540x810/08983de4c078530c95716556531c9c8347c3ef01.png" alt="Mediation" class="wp-image-4640" srcset="https://legalforms.io/wp-content/uploads/2019/10/48-1-991x496.png 991w, https://legalforms.io/wp-content/uploads/2019/10/48-1-480x240.png 480w, https://legalforms.io/wp-content/uploads/2019/10/48-1-300x150.png 300w, https://legalforms.io/wp-content/uploads/2019/10/48-1-768x384.png 768w, https://legalforms.io/wp-content/uploads/2019/10/48-1.png 1024w" sizes="(max-width: 991px) 100vw, 991px" data-orig-height="496" data-orig-width="991" data-orig-src="https://legalforms.io/wp-content/uploads/2019/10/48-1-991x496.png" /><strong>What is the meaning of divorce mediation?</strong>
<p><strong>Answer.</strong> Mediation is a process in which the parties to a divorce (or some other dispute) try to resolve their disagreements outside of court with the help of a mediator. The mediator cannot force a settlement but tries to assist the parties to clarify their interests and work out their own solution.</p>
<p>In divorce actions, mediators often are involved in custody and visitation disputes. They also can handle property disputes, support disputes, and other issues. If the parties resolve their disagreements through mediation, the attorneys for one or both of the parties still may be involved in finalizing and approving the agreement.</p>
<strong>Is mediation mandatory in divorce actions?</strong>
<p><strong>Answer.</strong> That depends on the rules of the local court. Many courts do require mediation of custody and visitation disputes, the mother and father must talk with a court-appointed mediator to try to resolve the problem before putting their case before a judge. The mediator cannot force a resolution, but the parties can be told to try mediation before coming to court.</p>
<strong>What is the professional background of divorce mediators?</strong>
<p><strong>Answer.</strong> Most mediators are either mental health professionals or attorneys. Many mediators, particularly those associated with court mediation services, have degrees in social work or psychology. Private mediators (which the parties may choose to hire) often are attorneys, although many are mental health professionals as well. Mediators who are mental health professionals are not serving as therapists, and mediators who are attorneys are not serving as attorneys. Instead, they are professionals who are trying to help two (or more) people work out their differences.</p>
<strong>What are the advantages of mediation?</strong>
<p><strong>Answer.</strong> Mediation often is cheaper and quicker than taking a case before a judge. A good mediator also can help the parties build their problem-solving skills, and that can help them to avoid later disputes. Most people who settle their cases through mediation leave the process feeling better than they would have felt if they had gone through a bitter court fight.</p>
<strong>What are the disadvantages of mediation?</strong>
<p><strong>Answer.</strong> Mediation can be a problem if one or both parties are withholding information. For example, if the purpose of mediation is to settle financial issues and one party is hiding assets or income, the other party might be better off with an attorney who can vigorously investigate the matter. Mediators usually are good at exploring the parties’ needs, goals, and possible solutions, but mediators do not have the legal resources of an attorney to look for hidden information.</p>
<p>Another problem with mediation can arise if one party is very passive and likely to be bulldozed by the other. In that situation, the mediated agreement might be lopsided in favor of the stronger party. A good mediator, however, will see to it that a weaker party’s needs are expressed and protected. Some mediators may refuse to proceed with mediation if it looks as though one side will take improper advantage of the other.</p>
<p>Some professionals think that mediation is not appropriate if the case involves domestic violence. One concern is that mediation will just give a forum in which the abuser can harm the victim again. Another concern is that victims of physical abuse are not able to adequately express and protect their own interests. However, other professionals believe that disputes in families with a history of domestic violence still can be mediated, particularly if the abused party is not significantly intimidated by the other party.</p>
<p>Finally, if mediation does not succeed, the parties may have wasted time and money on mediation and still face the expenses of a trial.</p>
<h2><strong>What Happens When One Spouse Dies?</strong></h2>
<blockquote class="uagb-blockquote">If the spouse left a will – which is almost always a good idea, his or her property should be distributed according to his wishes. But if the will makes no provision for the surviving spouse, a court may invalidate the will and assign at least some of the deceased person’s assets to the survivor.<br />
<br />
If there is no will, the property will be distributed according to the laws of the state, with a certain percentage to the surviving spouse, a certain percentage to surviving children, and perhaps some for surviving parents, brothers, and sisters.<br />
See the chapter on Estate Planning. <img class="" src="https://66.media.tumblr.com/da66bb93b9575a683058e898fafe58b0/1f6943bf47643280-ff/s540x810/56bd85adaa4f1d2df87d50c9e4452db49b75aaf1.png" alt="" data-orig-height="480" data-orig-width="480" data-orig-src="https://legalforms.io/wp-content/uploads/2019/08/breather-163392-copy-2-476815_PR_114___SI_18_02_14_042-m-Mask-480x480.png" />Author</blockquote>
<h2><strong>Where to Get More Information</strong></h2>
<img src="https://66.media.tumblr.com/b4b3ef948866da805b308876fc2fcf7c/1f6943bf47643280-6e/s540x810/041e2cb655b7d852beda6a3d530efa474a64f6c5.png" alt="Where to Get More Information" class="wp-image-4639" srcset="https://legalforms.io/wp-content/uploads/2019/10/49-2-991x496.png 991w, https://legalforms.io/wp-content/uploads/2019/10/49-2-480x240.png 480w, https://legalforms.io/wp-content/uploads/2019/10/49-2-300x150.png 300w, https://legalforms.io/wp-content/uploads/2019/10/49-2-768x384.png 768w, https://legalforms.io/wp-content/uploads/2019/10/49-2.png 1024w" sizes="(max-width: 991px) 100vw, 991px" data-orig-height="496" data-orig-width="991" data-orig-src="https://legalforms.io/wp-content/uploads/2019/10/49-2-991x496.png" />
<h2><strong>Adoption</strong></h2>
<p>Every state has a state adoption officer. These officials usually have offices in the state capital. The state government information operator can help you locate the officer for your state. For information about agency adoptions, contact the Child Welfare League of America, 727 15th Street NW, 12th Floor, Washington, DC 20005. Its telephone number is (202) 688-4200. Email: cwla@cwla.org</p>
<p>You also may wish to contact the National Council for Adoption, 225 N. Washington Street, Alexandria, VA 22314. The telephone number is (703) 299-6633; and Fax (703) 299-6004;</p>
<p>For information on independent adoption, check with your state, county, or city bar association. Ask if independent adoptions are legal in your state. Also, ask if the bar association will refer you to lawyers who handle independent adoptions.</p>
<h2><strong>Battered Spouses</strong></h2>
<p>Many communities offer shelters for battered spouses and their children. Details on these shelters are available from the police, crisis intervention services, hospitals, churches, family or conciliation courts, local newspapers, or women’s organizations. A resource is the National Coalition Against Domestic Violence, 600 Grant Suite 750, Denver, CO 80203. The telephone number for this national information and referral center is (303) 839-1852, and if you are in a crisis and need immediate assistance dial 1(800) 799-7233</p>
<p>The local or state chapter of the National Organization for Women (NOW) also should be able to provide information to help battered spouses.</p>
<h2><strong>Child Support</strong></h2>
<p>Every state has Child Support Enforcement Units that help custodial parents establish and enforce child support orders and locate absent parents. (These offices are sometimes called IV-D Offices because they are required by Chapter IV-D of the Social Security Act.) You can locate the offices by looking under county or state government listings online. Another resource is the Federal Office of Child Support Enforcement, which can help parents find their state’s enforcement officers, as well as a wealth of other resources.</p>
<h2><strong>Divorce</strong></h2>
<p>Most local public libraries offer books written about divorce. Ask the librarians for help.</p>
<p>Another source of family law attorneys is the American Academy of Matrimonial Lawyers. The academy is a private organization. It has about 1,600 members. In order to become a member of the academy, a lawyer needs to have devoted 75 percent or more of his or her practice to family law for a period of at least ten years. Written or oral examinations are required along with recommendations from judges and other lawyers. Membership in the academy does not automatically guarantee that the lawyer is good, but it does mean the lawyer has substantial experience in family law.</p>
<p>A person looking for a referral to a member of the American Academy of Matrimonial Lawyers can contact the academy at 150 N. Michigan Avenue, Suite 1420, Chicago, Illinois 60601; The telephone number is: (312) 263-6477; fax, 312-263-7682; e-mail, office@aaml.org; The academy also has chapters in many states.</p>
<h2><strong>Mediation</strong></h2>
<p>A source for information on mediation is the Academy of Family Mediators, c/o Legal For Good 5354 Parkdale Drive, Suite 103, St. Louis Park, MN, 55416; The telephone number is: (802) 823-2566; fax 781-674-2690; The academy lists family mediators in every state by training and experience. Local courts (including the court clerk’s office) may also have information regarding mediation services.</p>
<h2><strong>Missing Children</strong></h2>
<p>Various agencies can offer help in finding children who are missing. They include: National Center for Missing and Exploited Children, Charles B. Wang International Children’s Building, 333 John Carlyle Street, Alexandria, VA 22314-3175; The telephone number is: 1-800-843-5678 (toll-free)</p>
<h2><strong>Pensions</strong></h2>
<p>One resource on pensions is the Office of the Federal Register. The address is:</p>
<p>National Archives, Office of the Federal Register COOP Site<br />
Building 494, Robert C. Byrd Hilltop Office Complex<br />
610 State Route 956<br />
Rocket Center, WV 26726</p>
<p>any other contact info not provided above can be found here.</p>
<h2><strong>Social Security</strong></h2>
<p>Your local Social Security Administration office can provide information and literature on benefits.</p>
<h2><strong>Taxes</strong></h2>
<p>The basic resource on federal income taxes is the Internal Revenue Service (IRS). You can find your regional office by searching Google “IRS office near me” You also may wish to contact an accountant or a tax lawyer.</p>
<p>Free publications on family taxes available from the IRS include Community Property and the Federal Income Tax (Publication 555), Tax Information for Divorced or Separated Individuals (Publication 504), and Tax Rules for Children and Dependents (Publication 929)</p>
<h2>Conclusion</h2>
<p>This article weighs in at over 20,000 words and we hope we’ve been able to cover some of your most frequently asked questions in regards to your family and how it’s affected by the laws and regulations of the United States of America.</p>
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Maureenhttp://www.blogger.com/profile/03992371858002223992noreply@blogger.com0tag:blogger.com,1999:blog-2572585416958711220.post-60760090508974202852019-10-22T06:14:00.001-07:002019-10-22T06:14:30.529-07:00calculator<div class="btQuoteBooking btQuoteBookingWithoutColor c5daeee63d4373" data-admin_email="" data-cf7_id="" data-email_client="" data-email_gdpr="" data-email_gdpr_text="" data-email_gdpr_not_text="" data-currency="" data-currency_after="" data-currency_space="yes" data-url_confirmation="" data-url_ajax="https://legalforms.io/wp-admin/admin-ajax.php" data-subject="" data-email_header="" data-email_footer="" data-date_text="Preferred Service Date" data-time_text="Preferred Service Time" data-message_please_wait="Please wait..." data-message_success="Thank you, we will contact you soon!" data-message_error="Error! Please try again later." data-message_mandatory="Please fill out all required fields." data-rec_secret_key="" data-total_text="Total" data-total_format="currency_1" data-total_decimals="2" data-date_format="mm/dd/yy" data-bt_cc_nonce="5b9a5b62e7">
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Maureenhttp://www.blogger.com/profile/03992371858002223992noreply@blogger.com0tag:blogger.com,1999:blog-2572585416958711220.post-61115310177637478162019-10-20T00:07:00.001-07:002019-10-20T00:07:09.061-07:00When And How To Use a Lawyer<h2><strong>Introduction</strong></h2>
<p>Almost everything we dofrom making a purchase to driving a car, to interacting with others is affected by the law in some way, shape or form. While it often seems hard to live with the law, it would surely be harder to live without it.</p>
<p>In our country, the law is, in a real sense, the people’s law. It is part of the democratic heritage of Americans.</p>
<p>The availability of the law does, however, reveal a bewildering variety of choices. When do you need a lawyer? When can (or should) you handle a matter on your own? The purpose of this chapter is to help you make the best choices.</p>
<p>There are many legal situations that you can and should handle on your own, without the assistance of a lawyer. However, when circumstances and laws are unique, complicated, or confusing, you may need a lawyer’s guidance. You also may need a lawyer’s services when you are so close to a problem that you are unable to see your way through to a proper solution. While this chapter does not examine specific situations, it can help you determine when you should hire a lawyer, what a lawyer can and cannot do for you, and what you can do to help yourself.</p>
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<ul class="ez-toc-list">
<li><a href="#introduction" title="Introduction">Introduction</a></li>
<li><a href="#when_you_need_assistance" title="When You Need Assistance">When You Need Assistance</a>
<ul>
<li><a href="#does_needing_a_lawyers_help_always_mean_that_i_have_a_legal_problem" title="Does needing a lawyer's help always mean that I have a legal problem?">Does needing a lawyer’s help always mean that I have a legal problem?</a></li>
<li><a href="#do_i_need_a_lawyer_every_time_i_have_a_legal_grievance" title="Do I need a lawyer every time I have a legal grievance?">Do I need a lawyer every time I have a legal grievance?</a></li>
<li><a href="#what_should_i_do_if_i_have_an_argument_with_a_neighbor_over_the_boundary_line_between_our_properties" title="What should I do if I have an argument with a neighbor over the boundary line between our properties?">What should I do if I have an argument with a neighbor over the boundary line between our properties?</a></li>
<li><a href="#if_i_buy_a_new_stove_and_it_stops_working_just_as_the_warranty_expires_should_i_contact_a_lawyer" title="If I buy a new stove and it stops working just as the warranty expires, should I contact a lawyer?">If I buy a new stove and it stops working just as the warranty expires, should I contact a lawyer?</a></li>
<li><a href="#should_i_always_wait_until_a_problem_becomes_serious_before_i_contact_a_lawyer" title="Should I always wait until a problem becomes serious before I contact a lawyer?">Should I always wait until a problem becomes serious before I contact a lawyer?</a></li>
<li><a href="#why_cant_legal_documents_be_in_a_language_that_i_understand" title="Why can't legal documents be in a language that I understand?">Why can’t legal documents be in a language that I understand?</a></li>
</ul>
</li>
<li><a href="#help_from_people_other_than_lawyers" title="Help From People Other Than Lawyers">Help From People Other Than Lawyers</a>
<ul>
<li><a href="#if_i_do_not_use_a_lawyer_who_else_can_help_me" title="If I do not use a lawyer, who else can help me?">If I do not use a lawyer, who else can help me?</a></li>
<li><a href="#are_there_other_professionals_who_can_be_of_assistance" title="Are there other professionals who can be of assistance?">Are there other professionals who can be of assistance?</a></li>
<li><a href="#can_counseling_solve_some_problems" title="Can counseling solve some problems?">Can counseling solve some problems?</a></li>
<li><a href="#what_is_a_small_claims_court" title="What is a small claims court?">What is a small claims court?</a></li>
<li><a href="#a_friend_recommended_that_i_try_a_local_dispute_resolution_center_what_does_this_offer" title="A friend recommended that I try a local dispute resolution center. What does this offer?">A friend recommended that I try a local dispute resolution center. What does this offer?</a></li>
</ul>
</li>
<li><a href="#help_from_lawyers" title="Help From Lawyers">Help From Lawyers</a>
<ul>
<li><a href="#i_understand_that_under_certain_circumstances_going_to_a_lawyer_may_be_unnecessary_are_there_specific_cases_when_i_should_see_a_lawyer" title="I understand that, under certain circumstances, going to a lawyer may be unnecessary. Are there specific cases when I should see a lawyer?">I understand that, under certain circumstances, going to a lawyer may be unnecessary. Are there specific cases when I should see a lawyer?</a></li>
<li><a href="#is_there_another_way_to_determine_whether_i_need_to_hire_a_lawyer" title="Is there another way to determine whether I need to hire a lawyer?">Is there another way to determine whether I need to hire a lawyer?</a></li>
<li><a href="#is_the_use_of_lawyers_growing" title="Is the use of lawyers growing?">Is the use of lawyers growing?</a></li>
<li><a href="#if_it_is_obvious_that_i_will_need_a_lawyer_for_a_certain_circumstance_should_i_save_money_and_wait_until_i_absolutely_need_the_lawyers_services" title="If it is obvious that I will need a lawyer for a certain circumstance, should I save money and wait until I absolutely need the lawyer's services?">If it is obvious that I will need a lawyer for a certain circumstance, should I save money and wait until I absolutely need the lawyer’s services?</a></li>
<li><a href="#what_exactly_is_a_lawyer" title="What exactly is a lawyer?">What exactly is a lawyer?</a></li>
<li><a href="#are_most_of_a_lawyers_time_usually_spent_arguing_cases_in_court" title="Are most of a lawyer's time usually spent arguing cases in court?">Are most of a lawyer’s time usually spent arguing cases in court?</a></li>
<li><a href="#what_are_a_lawyers_main_duties" title="What are a lawyer's main duties?">What are a lawyer’s main duties?</a></li>
<li><a href="#what_are_the_professional_requirements_for_becoming_a_lawyer" title="What are the professional requirements for becoming a lawyer?">What are the professional requirements for becoming a lawyer?</a></li>
<li><a href="#once_licensed_in_one_state_is_a_lawyer_automatically_allowed_to_practice_law_in_all_states" title="Once licensed in one state, is a lawyer automatically allowed to practice law in all states?">Once licensed in one state, is a lawyer automatically allowed to practice law in all states?</a></li>
<li><a href="#if_i_have_a_legal_problem_may_i_hire_someone_other_than_a_lawyer" title="If I have a legal problem, may I hire someone other than a lawyer?">If I have a legal problem, may I hire someone other than a lawyer?</a></li>
<li><a href="#i_come_from_another_country_and_i_need_to_hire_a_lawyer_arent_notary_publics_actually_lawyers" title="I come from another country, and I need to hire a lawyer. Aren't notary publics actually lawyers?">I come from another country, and I need to hire a lawyer. Aren’t notary publics actually lawyers?</a></li>
</ul>
</li>
<li><a href="#types_of_lawyers" title="Types of Lawyers">Types of Lawyers</a>
<ul>
<li><a href="#do_lawyers_normally_work_alone_or_do_most_of_them_work_for_companies_or_the_government" title="Do lawyers normally work alone or do most of them work for companies or the government?">Do lawyers normally work alone or do most of them work for companies or the government?</a></li>
<li><a href="#how_are_lawyers_split_between_rural_and_metropolitan_areas" title="How are lawyers split between rural and metropolitan areas?">How are lawyers split between rural and metropolitan areas?</a></li>
<li><a href="#in_what_areas_of_practice_do_lawyers_normally_concentrate" title="In what areas of practice do lawyers normally concentrate?">In what areas of practice do lawyers normally concentrate?</a></li>
</ul>
</li>
<li><a href="#areas_of_legal_practice" title="Areas of Legal Practice">Areas of Legal Practice</a></li>
<li><a href="#looking_for_a_lawyer" title="Looking for a Lawyer">Looking for a Lawyer</a>
<ul>
<li><a href="#how_do_i_go_about_choosing_a_lawyer" title="How do I go about choosing a lawyer?">How do I go about choosing a lawyer?</a></li>
<li><a href="#are_there_any_practical_considerations_to_keep_in_mind_when_choosing_a_lawyer" title="Are there any practical considerations to keep in mind when choosing a lawyer?">Are there any practical considerations to keep in mind when choosing a lawyer?</a></li>
<li><a href="#where_should_i_start_to_look_for_a_lawyer" title="Where should I start to look for a lawyer?">Where should I start to look for a lawyer?</a></li>
<li><a href="#are_advertisements_a_good_place_to_look_for_a_lawyer" title="Are advertisements a good place to look for a lawyer?">Are advertisements a good place to look for a lawyer?</a></li>
<li><a href="#what_about_a_local_referral_service" title="What about a local referral service?">What about a local referral service?</a></li>
<li><a href="#my_new_job_offers_a_pre-paid_legal_services_plan_what_can_i_expect" title="My new job offers a pre-paid legal services plan. What can I expect?">My new job offers a pre-paid legal services plan. What can I expect?</a></li>
<li><a href="#i_have_heard_about_legal_clinics_but_i_am_not_sure_if_i_can_use_their_services_what_kind_of_help_do_they_offer" title="I have heard about legal clinics, but I am not sure if I can use their services. What kind of help do they offer?">I have heard about legal clinics, but I am not sure if I can use their services. What kind of help do they offer?</a></li>
<li><a href="#i_may_want_to_hire_a_lawyer_but_i_do_not_have_much_money_where_can_i_find_low-cost_legal_help" title="I may want to hire a lawyer, but I do not have much money. Where can I find low-cost legal help?">I may want to hire a lawyer, but I do not have much money. Where can I find low-cost legal help?</a></li>
<li><a href="#i_have_been_accused_of_a_crime_and_i_cannot_afford_a_lawyer_what_can_i_do" title="I have been accused of a crime, and I cannot afford a lawyer. What can I do?">I have been accused of a crime, and I cannot afford a lawyer. What can I do?</a></li>
<li><a href="#besides_court-appointed_defenders_is_there_any_other_form_of_government_assistance_available" title="Besides court-appointed defenders, is there any other form of government assistance available?">Besides court-appointed defenders, is there any other form of government assistance available?</a></li>
</ul>
</li>
<li><a href="#questions_to_ask_a_lawyer" title="Questions to Ask a Lawyer">Questions to Ask a Lawyer</a>
<ul>
<li><a href="#how_will_i_determine_whether_i_want_to_hire_a_specific_lawyer" title="How will I determine whether I want to hire a specific lawyer?">How will I determine whether I want to hire a specific lawyer?</a></li>
</ul>
</li>
<li><a href="#have_faith" title="Have Faith">Have Faith</a>
<ul>
<li><a href="#what_sort_of_questions_should_i_ask" title="What sort of questions should I ask?">What sort of questions should I ask?</a></li>
<li><a href="#is_it_proper_to_ask_the_lawyer_if_anyone_else_will_be_working_on_my_case" title="Is it proper to ask the lawyer if anyone else will be working on my case?">Is it proper to ask the lawyer if anyone else will be working on my case?</a></li>
<li><a href="#i_met_with_a_lawyer_who_referred_me_to_another_lawyer_should_i_be_angry" title="I met with a lawyer who referred me to another lawyer. Should I be angry?">I met with a lawyer who referred me to another lawyer. Should I be angry?</a></li>
<li><a href="#what_in_particular_should_i_ask_about_fees_and_costs" title="What, in particular, should I ask about fees and costs?">What, in particular, should I ask about fees and costs?</a></li>
<li><a href="#when_i_first_meet_with_my_prospective_lawyer_should_i_ask_about_the_possible_outcome_of_the_case" title="When I first meet with my prospective lawyer, should I ask about the possible outcome of the case?">When I first meet with my prospective lawyer, should I ask about the possible outcome of the case?</a></li>
<li><a href="#should_i_ask_if_and_how_i_can_help_with_my_case" title="Should I ask if and how I can help with my case?">Should I ask if and how I can help with my case?</a></li>
<li><a href="#during_our_first_meeting_should_i_ask_what_will_happen_if_the_lawyer_and_i_disagree" title="During our first meeting, should I ask what will happen if the lawyer and I disagree? ">During our first meeting, should I ask what will happen if the lawyer and I disagree?</a></li>
</ul>
</li>
<li><a href="#legal_fees_and_expenses" title="Legal Fees and Expenses">Legal Fees and Expenses</a>
<ul>
<li><a href="#how_can_i_be_sure_that_my_lawyer_will_not_overcharge_me" title="How can I be sure that my lawyer will not overcharge me?">How can I be sure that my lawyer will not overcharge me?</a></li>
</ul>
</li>
<li><a href="#talk_about_fees" title="Talk About Fees">Talk About Fees</a>
<ul>
<li><a href="#someone_said_that_i_should_ask_my_lawyer_to_use_the_billing_method_that_is_based_on_contingent_fees_what_does_this_mean" title="Someone said that I should ask my lawyer to use the billing method that is based on contingent fees. What does this mean?">Someone said that I should ask my lawyer to use the billing method that is based on contingent fees. What does this mean?</a></li>
<li><a href="#are_all_contingent_fee_arrangements_the_same" title="Are all contingent fee arrangements the same?">Are all contingent fee arrangements the same?</a></li>
<li><a href="#if_my_lawyer_and_i_agree_to_a_contingent_fee_arrangement_shouldnt_the_method_of_settling_my_case_affect_the_amount_of_my_lawyers_fee" title="If my lawyer and I agree to a contingent fee arrangement, shouldn't the method of settling my case affect the amount of my lawyer's fee?">If my lawyer and I agree to a contingent fee arrangement, shouldn’t the method of settling my case affect the amount of my lawyer’s fee?</a></li>
<li><a href="#what_billing_method_do_most_lawyers_use" title="What billing method do most lawyers use?">What billing method do most lawyers use?</a></li>
</ul>
</li>
<li><a href="#types_of_fees_and_expenses" title="Types of Fees and Expenses">Types of Fees and Expenses</a>
<ul>
<li><a href="#a_friend_suggested_that_i_might_want_to_have_a_lawyer_on_retainer_what_does_this_mean" title='A friend suggested that I might want to have a lawyer "on retainer." What does this mean?'>A friend suggested that I might want to have a lawyer “on retainer.” What does this mean?</a></li>
<li><a href="#i_saw_an_advertisement_from_a_law_firm_that_charges_fixed_fees_for_specific_types_of_work_what_does_this_involve" title="I saw an advertisement from a law firm that charges fixed fees for specific types of work. What does this involve?">I saw an advertisement from a law firm that charges fixed fees for specific types of work. What does this involve?</a></li>
<li><a href="#does_the_lawyers_billing_method_influence_the_other_costs_and_expenses_that_i_might_have_to_pay" title="Does the lawyer's billing method influence the other costs and expenses that I might have to pay?">Does the lawyer’s billing method influence the other costs and expenses that I might have to pay?</a></li>
<li><a href="#what_are_referral_fees" title="What are referral fees?">What are referral fees?</a></li>
<li><a href="#should_i_shop_around_for_the_cheapest_lawyer_i_can_find" title='Should I "shop around" for the cheapest lawyer I can find?'>Should I “shop around” for the cheapest lawyer I can find?</a></li>
<li><a href="#is_there_anything_i_can_do_to_reduce_my_legal_costs" title="Is there anything I can do to reduce my legal costs?">Is there anything I can do to reduce my legal costs?</a></li>
<li><a href="#should_i_wait_for_my_lawyer_to_say_what_he_or_she_needs_from_me" title="Should I wait for my lawyer to say what he or she needs from me?">Should I wait for my lawyer to say what he or she needs from me?</a></li>
<li><a href="#if_something_related_to_my_case_has_occurred_should_i_wait_until_my_next_scheduled_meeting_to_tell_my_lawyer_about_it" title="If something related to my case has occurred, should I wait until my next scheduled meeting to tell my lawyer about it?">If something related to my case has occurred, should I wait until my next scheduled meeting to tell my lawyer about it?</a></li>
<li><a href="#can_i_reduce_my_legal_costs_if_i_get_more_involved_in_my_case" title="Can I reduce my legal costs if I get more involved in my case?">Can I reduce my legal costs if I get more involved in my case?</a></li>
</ul>
</li>
<li><a href="#what_to_do_if_your_lawyer_does_not_satisfy_you" title="What to Do if Your Lawyer Does Not Satisfy You">What to Do if Your Lawyer Does Not Satisfy You</a></li>
<li><a href="#expectation_about_your_lawyer" title="Expectation About Your Lawyer">Expectation About Your Lawyer</a>
<ul>
<li><a href="#i_lost_my_case_and_i_still_had_to_pay_my_lawyers_bill_along_with_costs_and_expenses_i_am_not_very_happy_with_my_lawyer_what_can_i_do" title="I lost my case, and I still had to pay my lawyer's bill along with costs and expenses. I am not very happy with my lawyer. What can I do?">I lost my case, and I still had to pay my lawyer’s bill along with costs and expenses. I am not very happy with my lawyer. What can I do?</a></li>
<li><a href="#i_have_tried_to_talk_to_my_lawyer_however_my_lawyer_will_not_discuss_it_do_i_have_any_alternatives" title="I have tried to talk to my lawyer. However, my lawyer will not discuss it. Do I have any alternatives?">I have tried to talk to my lawyer. However, my lawyer will not discuss it. Do I have any alternatives?</a></li>
<li><a href="#what_if_i_feel_that_my_lawyer_has_acted_unethically" title="What if I feel that my lawyer has acted unethically?">What if I feel that my lawyer has acted unethically?</a></li>
<li><a href="#what_are_some_specific_examples_of_the_ethical_duties_of_lawyers" title="What are some specific examples of the ethical duties of lawyers?">What are some specific examples of the ethical duties of lawyers?</a></li>
</ul>
</li>
<li><a href="#a_clients_responsibilities" title="A Client's Responsibilities">A Client’s Responsibilities</a>
<ul>
<li><a href="#i_am_upset_with_the_way_my_lawyer_handled_my_case_can_i_file_a_complaint" title="I am upset with the way my lawyer handled my case. Can I file a complaint? ">I am upset with the way my lawyer handled my case. Can I file a complaint?</a></li>
<li><a href="#where_can_i_file_a_complaint_against_my_lawyer" title="Where can I file a complaint against my lawyer?">Where can I file a complaint against my lawyer?</a></li>
<li><a href="#then_how_can_i_get_money_to_compensate_me_for_my_lawyers_misconduct" title="Then how can I get money to compensate me for my lawyer's misconduct?">Then how can I get money to compensate me for my lawyer’s misconduct?</a></li>
<li><a href="#my_lawyer_settled_my_case_out_of_court_and_refuses_to_pay_me_my_share_of_the_settlement_what_can_i_do_about_it" title="My lawyer settled my case out of court and refuses to pay me my share of the settlement. What can I do about it?">My lawyer settled my case out of court and refuses to pay me my share of the settlement. What can I do about it?</a></li>
<li><a href="#if_i_am_having_a_problem_with_my_lawyer_is_there_any_reason_that_i_would_want_to_call_the_police" title="If I am having a problem with my lawyer, is there any reason that I would want to call the police?">If I am having a problem with my lawyer, is there any reason that I would want to call the police?</a></li>
</ul>
</li>
<li><a href="#alternatives_to_lawsuits" title="Alternatives to Lawsuits">Alternatives to Lawsuits</a>
<ul>
<li><a href="#i_am_considering_filing_a_lawsuit_against_someone_is_there_anything_i_can_do_to_avoid_this" title="I am considering filing a lawsuit against someone. Is there anything I can do to avoid this?">I am considering filing a lawsuit against someone. Is there anything I can do to avoid this?</a></li>
<li><a href="#listen_to_the_other_person" title="Listen to the Other Person">Listen to the Other Person</a></li>
<li><a href="#i_have_already_hired_a_lawyer_and_filed_a_lawsuit_is_it_too_late_to_negotiate_a_settlement" title="I have already hired a lawyer and filed a lawsuit. Is it too late to negotiate a settlement?">I have already hired a lawyer and filed a lawsuit. Is it too late to negotiate a settlement?</a></li>
</ul>
</li>
<li><a href="#after_you_settle" title="After You Settle">After You Settle</a>
<ul>
<li><a href="#can_my_case_be_thrown_out_of_court_because_it_is_too_old" title="Can my case be thrown out of court because it is too old?">Can my case be thrown out of court because it is too old?</a></li>
</ul>
</li>
<li><a href="#where_to_go_for_more_information" title="Where to Go for More Information">Where to Go for More Information</a>
<ul>
<li><a href="#practical_information_about_the_law" title="Practical Information About the Law.">Practical Information About the Law.</a></li>
<li><a href="#alternative_dispute_resolution" title="Alternative Dispute Resolution">Alternative Dispute Resolution</a></li>
<li><a href="#to_complain_about_a_lawyer" title="To Complain About a Lawyer">To Complain About a Lawyer</a></li>
</ul>
</li>
</ul>
</nav>
</div>
<h2><strong>When You Need Assistance</strong></h2>
<figure class="wp-block-image" data-orig-height="496" data-orig-width="991" data-orig-src="https://legalforms.io/wp-content/uploads/2019/10/3-7-991x496.png"><img src="https://66.media.tumblr.com/6d9fcc804c6697fa45be00be0f7e8ab6/136478f6d62e78ae-4f/s540x810/02af8339f52e399e2eae204006464111d59c3cf7.png" alt="When You Need Legal Assistance" class="wp-image-4454" srcset="https://legalforms.io/wp-content/uploads/2019/10/3-7-991x496.png 991w, https://legalforms.io/wp-content/uploads/2019/10/3-7-480x240.png 480w, https://legalforms.io/wp-content/uploads/2019/10/3-7-300x150.png 300w, https://legalforms.io/wp-content/uploads/2019/10/3-7-768x384.png 768w, https://legalforms.io/wp-content/uploads/2019/10/3-7.png 1024w" sizes="(max-width: 991px) 100vw, 991px" data-orig-height="496" data-orig-width="991" data-orig-src="https://legalforms.io/wp-content/uploads/2019/10/3-7-991x496.png" /></figure>
<h3><strong>Does needing a lawyer’s help always mean that I have a legal problem?</strong></h3>
<p><strong>Answer.</strong> No. In fact, lawyers very often help clients in matters that have nothing to do with disputes or legal cases. For example, with their lawyer’s help, people are advised about the legal aspects of starting a business or engaging in a partnership, assisted in buying or selling a home, and counseled on tax matters or estate planning, to name just a few possibilities. Often, clients receive a regular legal check<strong>–</strong>up that, like a medical check<strong>–</strong>up, is designed to prevent problems or nip them in the bud.</p>
<h3><strong>Do I need a lawyer every time I have a legal grievance?</strong></h3>
<p><strong>Answer.</strong> Although the law enters into many aspects of daily living, you certainly do not need a lawyer every time you become “involved” with the law. Some Americans have become too inclined to hire lawyers and proceed to court to resolve problems. For example, sports fans have sued to have a referee’s controversial decision reversed, and a jilted suitor has tried to recover the cost of an evening’s entertainment. Of course, lawsuits like these are not common (that is why they make the news), but they illustrate that many problems are not really the business of the law or our courts.</p>
<h3><strong>What should I do if I have an argument with a neighbor over the boundary line between our properties?</strong></h3>
<p><strong>Answer.</strong> First attempt to talk to your neighbor. After all, you probably will have to go on living next to each other. If that fails, you may wish to seek mediation or some other form of informal dispute resolution to help the two of you resolve the problem. Perhaps you can get some guidance from public records, already existing surveys, or title searches that have been done. Maybe prior owners can cast light on the subject. If these options fail, the two of you might want to jointly pay for a survey or jointly ask a court to decide the matter (see discussion of “quiet title” in the</p>
<h3><strong>If I buy a new stove and it stops working just as the warranty expires, should I contact a lawyer?</strong></h3>
<p><strong>Answer.</strong> No. First, read the warranty and see what rights you may have, notify the merchant and see if you can negotiate a satisfactory solution. If that does not work, contact the manufacturer. Though the Better Business Bureau does not resolve disputes, perhaps a complaint to them will stir the merchant or manufacturer to action. As a last resort, you can file suit in a small claims court. You can do all this without a lawyer.</p>
<h3><strong>Should I always wait until a problem becomes serious before I contact a lawyer?</strong></h3>
<p><strong>Answer.</strong> No. In certain matters, if you call a lawyer as a last resort, it may already be too late. For example, it is difficult for a lawyer to protect you after you have signed away your rights or if you have waited too long to assert your rights. And some legal matters are so important or so complex that you will need a lawyer from the beginning. In such cases, having legal help early will probably save expense<strong>—</strong>and anxiety.</p>
<h3><strong>Why can’t legal documents be in a language that I understand?</strong></h3>
<p><strong>Answer.</strong> Lawyers and others trained in the law often use legal terms as shorthand to express complicated ideas or principles. The words and phrases, many rooted in Latin, are often jokingly referred to as a foreign language<strong>—</strong>“legalese.” Although some legalese may be necessary in order to communicate certain ideas precisely, a document that is understood by very few of its readers is just plain poor communication.</p>
<p>Since 1978, federal regulations are required to be “written in plain English and understandable to those who must comply” with them. Many states also have laws requiring that insurance policies, leases, and consumer contracts be written in plain English. Of particular importance here is the trend among law schools to discourage the use of legalese while encouraging writing in plain, comprehensible English.</p>
<h2><strong>Help From People Other Than Lawyers</strong></h2>
<figure class="wp-block-image" data-orig-height="496" data-orig-width="991" data-orig-src="https://legalforms.io/wp-content/uploads/2019/10/4-10-991x496.png"><img src="https://66.media.tumblr.com/8325c71b2d111cd82864c221a97cbd31/136478f6d62e78ae-13/s540x810/fb8d3118d00463be3afb800e7477b6f575c6b0d6.png" alt="Help from other people besides lawyers" class="wp-image-4455" srcset="https://legalforms.io/wp-content/uploads/2019/10/4-10-991x496.png 991w, https://legalforms.io/wp-content/uploads/2019/10/4-10-480x240.png 480w, https://legalforms.io/wp-content/uploads/2019/10/4-10-300x150.png 300w, https://legalforms.io/wp-content/uploads/2019/10/4-10-768x384.png 768w, https://legalforms.io/wp-content/uploads/2019/10/4-10.png 1024w" sizes="(max-width: 991px) 100vw, 991px" data-orig-height="496" data-orig-width="991" data-orig-src="https://legalforms.io/wp-content/uploads/2019/10/4-10-991x496.png" /></figure>
<h3><strong>If I do not use a lawyer, who else can help me?</strong></h3>
<p><strong>Answer.</strong> Unless your problem is so serious that only a lawyer can resolve it, you should first consider another source of help. If you believe a business has cheated you, help can be obtained from a consumer protection agency run by your city, county, state or federal government. Many businesses, stores, and utility companies have their own departments to help resolve consumer complaints. Some communities have an ombudsman to mediate and resolve minor landlord/tenant, consumer or employment issues. Local television and radio stations may have programs to resolve consumer<strong>–</strong>related disputes.</p>
<h3><strong>Are there other professionals who can be of assistance?</strong></h3>
<p><strong>Answer.</strong> Yes. Do not overlook the obvious. If you have a problem with insurance, for example, discuss it with your insurance agent. Bankers, accountants, real estate agents, and stockbrokers are others who may be able to help with problems in their specific fields. Of course, if your dispute is with them they may not be a source of unbiased information. Even so, it costs nothing to ask and they may provide free advice that can help you evaluate whether your problem needs the attention of a lawyer.</p>
<h3><strong>Can counseling solve some problems?</strong></h3>
<p><strong>Answer.</strong> Yes. Sometimes problems that seem to be “legal” may be helped or prevented by other means. Many groups offer guidance and counseling for personal problems arising in marriage, child-rearing, and managing finances. Private counselors or members of the clergy also may provide such help.</p>
<h3><strong>What is a small claims court?</strong></h3>
<p><strong>Answer.</strong> Disputes over money are common, but often the amount of money at issue does not justify hiring attorneys or using scarce judicial resources. Small claims court is a streamlined forum where people can air their dispute and have it decided promptly and fairly. Most states have procedures that allow people to represent themselves in court if the total amount of their claim is under a certain dollar amount. The cost is minimal, procedures are simple, and there is usually little delay. Keep small claims courts in mind if your problem is not very complicated and your losses are relatively small<strong>—</strong>in the hundreds or low thousands. The next chapter provides guidance on how to file and pursue a small claims lawsuit.</p>
<h3><strong>A friend recommended that I try a local dispute resolution center. What does this offer?</strong></h3>
<p><strong>Answer.</strong> For the right kind of case, these centers can be a quick, low<strong>–</strong>cost (or free) alternative to formal legal proceedings. These will also be discussed in the next chapter.</p>
<h2><strong>Help From Lawyers</strong></h2>
<figure class="wp-block-image" data-orig-height="496" data-orig-width="991" data-orig-src="https://legalforms.io/wp-content/uploads/2019/10/5-8-991x496.png"><img src="https://66.media.tumblr.com/ac2f20ab21b8b9921e6753d40d435526/136478f6d62e78ae-ba/s540x810/00338f8efd375cb0690c691bb6860cd7b7d184e5.png" alt="Getting help from attorneys" class="wp-image-4458" srcset="https://legalforms.io/wp-content/uploads/2019/10/5-8-991x496.png 991w, https://legalforms.io/wp-content/uploads/2019/10/5-8-480x240.png 480w, https://legalforms.io/wp-content/uploads/2019/10/5-8-300x150.png 300w, https://legalforms.io/wp-content/uploads/2019/10/5-8-768x384.png 768w, https://legalforms.io/wp-content/uploads/2019/10/5-8.png 1024w" sizes="(max-width: 991px) 100vw, 991px" data-orig-height="496" data-orig-width="991" data-orig-src="https://legalforms.io/wp-content/uploads/2019/10/5-8-991x496.png" /></figure>
<h3><strong>I understand that, under certain circumstances, going to a lawyer may be unnecessary. Are there specific cases when I should see a lawyer?</strong></h3>
<p><strong>Answer.</strong> Yes, there are matters best handled by a lawyer. While these matters are sometimes hard to recognize, nearly everyone agrees that you should talk with a lawyer about major life events or changes, which might include:</p>
<ul>
<li>being arrested for a crime or served with legal papers in a civil lawsuit;</li>
<li>being involved in a serious accident causing personal injury or property damage;</li>
<li>a change in family statuses such as divorce, adoption, or death;</li>
<li>a change in financial status such as getting or losing valuable personal property or real estate, or filing for bankruptcy.</li>
</ul>
<h3><strong>Is there another way to determine whether I need to hire a lawyer?</strong></h3>
<p><strong>Answer.</strong> Yes. One way is to look at how other Americans have answered the question. In a recent study of Americans over the age of 18, researchers for the American Bar Association found almost half had used a lawyer in the past five years. The most common legal matters taken to lawyers involved</p>
<ul>
<li>real estate transactions (12%)</li>
<li>drawing up a will (11%)</li>
<li>as a party to a lawsuit (11%)</li>
<li>divorce/separation (9%)</li>
<li>probate/estate settlement matters (6%)</li>
<li>child support/custody matter (5%)</li>
<li>draw up an agreement/contract (5%)</li>
</ul>
<p>Other fairly common matters requiring a lawyer’s help included traffic matters, insurance claims, bankruptcy, auto accidents, and being a complainant or defendant in a criminal proceeding.</p>
<p>Source: <em>Perceptions of the U.S. Justice System</em> (Chicago: American Bar Association, 1999).</p>
<h3><strong>Is the use of lawyers growing?</strong></h3>
<p><strong>Answer.</strong> Apparently. A 1993 survey of 815 adults nationwide showed that the use of a lawyer for both personal and business matters had increased significantly from 1986. Researches found that more middle and low-income people were reporting that they used lawyers’ services.</p>
<h3><strong>If it is obvious that I will need a lawyer for a certain circumstance, should I save money and wait until I absolutely need the lawyer’s services?</strong></h3>
<p><strong>Answer.</strong> No. Lawyers should be thought of as preventers of legal problems, not just solvers. When dealing with legal issues, an ounce of prevention is worth many dollars and anxious hours of cure. Once you have determined that you need professional legal help, get it promptly. You can get the most help if you are in touch with a lawyer as soon as possible.</p>
<h3><strong>What exactly is a lawyer?</strong></h3>
<p><strong>Answer.</strong> A lawyer (also called attorney, counsel, counselor, barrister, or solicitor) is a licensed professional who advises and represents others in legal matters. When you picture a lawyer, you probably think of an elderly gentleman in a three<strong>–</strong>piece suit. That picture is no longer accurate. Today’s lawyers can be young or old, male or female. Nearly one<strong>–</strong>third of all lawyers are under thirty<strong>–</strong>five. Almost half the law students today are women, and women will probably ultimately be as numerous in the profession as men.</p>
<h3><strong>Are most of a lawyer’s time usually spent arguing cases in court?</strong></h3>
<p><strong>Answer.</strong> No. A lawyer normally spends more time in an office than in a courtroom. The practice of law most often involves researching legal developments, investigating facts, writing and preparing legal documents, giving advice, and settling disputes. Laws change constantly. The new law is enacted and prior law is amended and repealed. In addition, judicial decisions in court cases regularly alter what the law currently means, whether the source of law in the United States Constitution or a state constitution; federal or state statutes; or federal, state, and local codes and regulations. For these reasons, a lawyer must put much time into knowing how the laws and the changes will affect each circumstance.</p>
<h3><strong>What are a lawyer’s main duties?</strong></h3>
<p><strong>Answer.</strong> A lawyer has two main duties: to uphold the law and to protect a client’s rights. To carry out these duties, a lawyer must know the law and be a good communicator.</p>
<h3><strong>What are the professional requirements for becoming a lawyer?</strong></h3>
<p><strong>Answer.</strong> To understand how laws and the legal system work together, lawyers must go through special schooling. Each state has enacted standards that must be met before a person is licensed to practice law there. Before being allowed to practice law in most states, a person must:</p>
<ul>
<li>have a bachelor’s degree or its equivalent;</li>
<li>complete three years at an accredited law school;</li>
<li>pass a state bar examination, which usually lasts for two or three days; it tests knowledge in selected areas of law and in professional ethics and responsibility;</li>
<li>pass a character and fitness review; each applicant for a law license must be approved by a committee that investigates his or her character and background;</li>
<li>take an oath swearing to uphold the laws and the state and federal constitutions;</li>
<li>receive a license from the state supreme court; some states have additional requirements, such as an internship in a law office, before a license will be granted.</li>
</ul>
<h3><strong>Once licensed in one state, is a lawyer automatically allowed to practice law in all states?</strong></h3>
<p><strong>Answer.</strong> No. To become licensed in more than one state, a lawyer must usually comply with each state bar admission requirements. Some states, however, permit licensed out<strong>–</strong>of<strong>–</strong>state attorneys to practice law if they have done so in another state for several years and the new state’s supreme court approves them.</p>
<h3><strong>If I have a legal problem, may I hire someone other than a lawyer?</strong></h3>
<p><strong>Answer.</strong> In some specialized situations, such as bringing a complaint before a government agency, nonlawyers or paralegals may be qualified to represent you<strong>—</strong>and their services may cost less than a lawyer’s. Ask the government agency what types of legal representatives are available.</p>
<h3><strong>I come from another country, and I need to hire a lawyer. Aren’t notary publics actually lawyers?</strong></h3>
<p><strong>Answer.</strong> A “notary public,” “accountant,” or “certified public accountant” is not necessarily a lawyer. Do not assume that titles such as notary public mean the same thing as similar words in your own language.</p>
<h2><strong>Types of Lawyers</strong></h2>
<figure class="wp-block-image" data-orig-height="496" data-orig-width="991" data-orig-src="https://legalforms.io/wp-content/uploads/2019/10/6-8-991x496.png"><img src="https://66.media.tumblr.com/debd5b572eb003f15eedd6da57e0aa1b/136478f6d62e78ae-8a/s540x810/78a637dcaec37f7be67f0c2537fac4b7611c308d.png" alt="What are the types of lawyers" class="wp-image-4459" srcset="https://legalforms.io/wp-content/uploads/2019/10/6-8-991x496.png 991w, https://legalforms.io/wp-content/uploads/2019/10/6-8-480x240.png 480w, https://legalforms.io/wp-content/uploads/2019/10/6-8-300x150.png 300w, https://legalforms.io/wp-content/uploads/2019/10/6-8-768x384.png 768w, https://legalforms.io/wp-content/uploads/2019/10/6-8.png 1024w" sizes="(max-width: 991px) 100vw, 991px" data-orig-height="496" data-orig-width="991" data-orig-src="https://legalforms.io/wp-content/uploads/2019/10/6-8-991x496.png" /></figure>
<h3><strong>Do lawyers normally work alone or do most of them work for companies or the government?</strong></h3>
<p><strong>Answer.</strong> About two-thirds of all lawyers are in private practice; many others work for corporations or the government. Firms of various sizes employ lawyers in private practice. Almost half of the lawyers in private practice are sole practitioners who work alone. Others join with one or more lawyers in partnerships. As the table shows, about a quarter of lawyers are in partnerships that have ten lawyers or fewer.</p>
<p>Private Practitioners (1995)</p>
<p>Total practitioners: 634,475</p>
<p>Population/practitioner ratio: 410/1</p>
<p>Practitioners by Practice Setting and Sex</p>
<p>Source:</p>
<p><em>The Lawyer Statistical Report: The U.S. Legal Population in 1995</em> (Chicago: American BarFoundation, 1999)</p>
<h3><strong>How are lawyers split between rural and metropolitan areas?</strong></h3>
<p><strong>Answer.</strong> 88 percent of American lawyers work in metropolitan areas, and about one-third of all lawyers work in large cities. Especially in rural areas and small cities, there are many general practitioners who, by themselves or with the help of other lawyers, handle most types of cases. However, the family lawyer/general practice lawyer is becoming harder to find.</p>
<h3><strong>In what areas of practice do lawyers normally concentrate?</strong></h3>
<p><strong>Answer.</strong> Most lawyers concentrate on one or a few specific areas, such as domestic relations, criminal law, personal injury, estate planning and administration, real estate, taxation, immigration, and intellectual property law (see chart).</p>
<h2><strong>Areas of Legal Practice</strong></h2>
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<p>Business Law</p>
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<p>Advising about starting a new business (corporation, partnership, etc.), general corporate matters, business taxation, and mergers and acquisitions</p>
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</div>
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<p>Criminal Law</p>
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<p>Defending or prosecuting those accused of committing a crimes</p>
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<p>Domestic Relations</p>
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<p>Representing individuals in separation, annulment, divorce, and child custody matters</p>
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<p>Estate Planning</p>
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<p>Advising clients in property management, drawing wills, probate, and estate planning</p>
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<p>Immigration</p>
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<p>Representing parties in proceedings involving naturalization and citizenship</p>
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<p>Intellectual<br />
Property Law</p>
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<p>Dealing with issues concerning trademarks, copyright regulations, and patents</p>
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<p>Labor Law</p>
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<p>Advising and representing employers, unions and employees on questions of union organizing, workplace safety, and compliance with government regulations</p>
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<p>Personal Injury</p>
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<p>Representing clients injured intentionally or negligently, and those with workers’ compensation claims</p>
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<p>Real Estate</p>
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<p>Assisting clients in developing property; re-zoning; and buying, selling, or renting homes or other property</p>
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<p>Taxation</p>
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<p>Counseling businesss and individuals in local, state, and federal tax matters</p>
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<h2><strong>Looking for a Lawyer</strong></h2>
<figure class="wp-block-image" data-orig-height="496" data-orig-width="991" data-orig-src="https://legalforms.io/wp-content/uploads/2019/10/7-8-991x496.png"><img src="https://66.media.tumblr.com/29bf0c52b691c79dbac06e03ec8a7aaa/136478f6d62e78ae-cc/s540x810/a5636c73bec2334a0fe30b317500fd9ca88ff804.png" alt="Things to look for when finding a lawyer" class="wp-image-4460" srcset="https://legalforms.io/wp-content/uploads/2019/10/7-8-991x496.png 991w, https://legalforms.io/wp-content/uploads/2019/10/7-8-480x240.png 480w, https://legalforms.io/wp-content/uploads/2019/10/7-8-300x150.png 300w, https://legalforms.io/wp-content/uploads/2019/10/7-8-768x384.png 768w, https://legalforms.io/wp-content/uploads/2019/10/7-8.png 1024w" sizes="(max-width: 991px) 100vw, 991px" data-orig-height="496" data-orig-width="991" data-orig-src="https://legalforms.io/wp-content/uploads/2019/10/7-8-991x496.png" /></figure>
<h3><strong>How do I go about choosing a lawyer?</strong></h3>
<p><strong>Answer.</strong> The lawyer will be helping you solve your problems, so you must feel comfortable enough to tell him or her, honestly and completely, all the facts necessary to resolve your problem. No one you listen to and nothing you read will tell you which particular lawyer will be the best for you; you must judge that for yourself. Most lawyers will meet with you briefly to “get acquainted,” allowing you to talk with your prospective lawyer before making a final hiring decision. In many cases, there is no fee charged for an initial consultation. However, don’t assume that an initial consultation is free. To be on the safe side, ask about fees before setting up your consultation appointment.</p>
<h3><strong>Are there any practical considerations to keep in mind when choosing a lawyer?</strong></h3>
<p><strong>Answer.</strong> Yes, the lawyer’s area of expertise and prior experience are important. Eighteen states have specialization programs that certify lawyers as specialists in certain stated types of law. These states are Alabama, Arizona, California, Connecticut, Florida, Georgia, Idaho, Indiana, Louisiana, Maine, Minnesota, New Jersey, New Mexico, North Carolina, Pennsylvania, South Carolina, Tennessee, and Texas. To find out which areas are certified in which states, access the <a href="https://www.americanbar.org/groups/professional_responsibility/committees_commissions/standing-committee-on-specialization/">ABA’s specialization</a> guidelines. In states without certification programs, you may want to ask about your lawyer’s areas of concentration. You also may wish to ask about the type of cases your lawyer generally handles.</p>
<p>Other considerations are the convenience of the lawyer’s office location, the number of fees charged, and the length of time a case may take. Although they are not always wise guidelines, consider your personal preferences about the lawyer’s age, gender, and personality. These preferences may guide you in locating someone with whom you feel most comfortable.</p>
<h3><strong>Where should I start to look for a lawyer?</strong></h3>
<p><strong>Answer.</strong> There are many sources for finding a reliable lawyer. Some of the best are recommendations from trusted friends, relatives, or business associates. Be aware that each legal case is different and that a lawyer who is right for someone else may not suit you or your legal problem.</p>
<h3><strong>Are advertisements a good place to look for a lawyer?</strong></h3>
<p><strong>Answer.</strong> In some ways, yes, ads are useful. However, always be careful about believing everything you read and hear<strong>—</strong>and nowhere is this truer than with advertisements. Still, newspaper, telephone directory, radio, and television ads, along with direct mail, can make you familiar with the names of lawyers who may be appropriate for your legal needs. Some ads also will help you determine a lawyer’s area of expertise. Other ads will quote a fee or price range for handling a specific type of “simple” case. Keep in mind that the lawyer may not be a “specialist” in the advertised field and that your case may not have a simple solution. If a lawyer quotes a fee, be certain you know exactly what services the charge does and does not include.</p>
<h3><strong>What about a local referral service?</strong></h3>
<p><strong>Answer.</strong> Most communities have referral services to help the public find lawyers. These services usually recommend a lawyer in the area to evaluate a situation<strong>—</strong>sometimes at a reduced cost. Several services offer help to groups with unique characteristics, such as the elderly, immigrants, victims of domestic violence, or persons with a disability. Bar associations in most communities make referrals according to specific areas of law, helping you find a lawyer with the right concentration. Many referral services also have competency requirements for lawyers who wish to have referrals in a particular area of law.</p>
<p>Still, these services are not always a surefire way to find the “right” or even a “good” lawyer for you, since some services make referrals without concern for the lawyer’s type or level of experience. In the end, you must make your own decision in order to feel confident about your selection. To contact a referral service, look under any local or state bar association website listing, or <a href="https://www.avvo.com/find-a-lawyer">access this directory</a> for a list of more than 25,000 lawyers who offer free consultations across the country,</p>
<h3><strong>My new job offers a pre-paid legal services plan. What can I expect?</strong></h3>
<p><strong>Answer.</strong> Legal services, like many other things, are often less expensive when bought in bulk. Employers, labor and credit unions, and other groups have formed “legal insurance” plans. Many plans cover most, if not all, the costs of legal consultation, document preparation, and court representation in routine legal matters. Other programs cover only advice and consultation with a lawyer. Before joining a legal plan, make sure you are familiar with its coverage and know whether you will be</p>
<p>required to make out<strong>–</strong>of<strong>–</strong>pocket contributions. These group plans follow the same pattern as a group or cooperative medical insurance plan. Employers or unions set up a fund to pay the employees’ legal fees, just as they contribute to group insurance plans to cover medical costs. Legal group plans have become much more widespread in recent years. Some retail department stores and credit card companies even offer such plans to their customers.</p>
<h3><strong>I have heard about legal clinics, but I am not sure if I can use their services. What kind of help do they offer?</strong></h3>
<p><strong>Answer.</strong> Legal clinics primarily process routine, uncomplicated legal business. They generally use standard forms and paralegal assistants. Paralegals are those who have received special basic legal training and have learned skills through their jobs.</p>
<p>These clinics often charge less than traditional law firms for their services. They mainly work on wills, personal bankruptcy, divorces, and traffic offenses.</p>
<h3><strong>I may want to hire a lawyer, but I do not have much money. Where can I find low-cost legal help?</strong></h3>
<p><strong>Answer.</strong> People do not have a right to a free lawyer in civil legal matters (they do in most criminal cases). However, several legal assistance programs offer inexpensive or free legal services to those in need. Most legal aid programs have special guidelines for eligibility, often based on where you live, the size of your family, and your income. Some legal aid offices have their own staff lawyers, and others operate with volunteer lawyers. To find free or reduced<strong>–</strong>cost legal services in your area, call your bar association or the county courthouse. You also may look in the telephone book’s yellow pages under “Legal Aid,” “Legal Assistance,” or “Legal Services.” Sometimes the telephone book will list a legal aid office under “Lawyers” or “Attorneys.”</p>
<h3><strong>I have been accused of a crime, and I cannot afford a lawyer. What can I do?</strong></h3>
<p><strong>Answer.</strong> If the government accuses you of committing a crime, the United States Constitution guarantees you the right to be represented by a lawyer in any case in which you could be incarcerated for six months or more. If you cannot afford a lawyer, the judge handling the case will either appoint a private lawyer to represent you free of charge or the government’s public defender will handle your case, also at no charge.</p>
<h3><strong>Besides court-appointed defenders, is there any other form of government assistance available?</strong></h3>
<p><strong>Answer.</strong> Departments and agencies of both the state and federal governments often have staff lawyers who can help the general public in limited situations, without charge. The United States Attorney’s Office might be able to provide guidance about federal laws. It also might guide you to federal agencies that deal with specific concerns, such as environmental protection problems and discrimination in employment or housing.</p>
<p>The state attorney general also may provide guidance to the public on state laws, without charge. Some states, for example, maintain consumer protection departments as a function of the attorney general’s office.</p>
<p>Similarly, counties, cities, and townships often have staff lawyers who may provide the public with guidance about local laws. Some of these local offices also offer consumer protection assistance through their law departments. However, government lawyers may not, at the government’s expense, advice or represent anyone in private legal matters.</p>
<h2><strong>Questions to Ask a Lawyer</strong></h2>
<figure class="wp-block-image" data-orig-height="496" data-orig-width="991" data-orig-src="https://legalforms.io/wp-content/uploads/2019/10/8-7-991x496.png"><img src="https://66.media.tumblr.com/809e9332e6373cd2b6736c69594793cf/136478f6d62e78ae-60/s540x810/aefe1276669e8f66677b4f1c713b47cd95e47470.png" alt="Questions to ask a lawyer" class="wp-image-4461" srcset="https://legalforms.io/wp-content/uploads/2019/10/8-7-991x496.png 991w, https://legalforms.io/wp-content/uploads/2019/10/8-7-480x240.png 480w, https://legalforms.io/wp-content/uploads/2019/10/8-7-300x150.png 300w, https://legalforms.io/wp-content/uploads/2019/10/8-7-768x384.png 768w, https://legalforms.io/wp-content/uploads/2019/10/8-7.png 1024w" sizes="(max-width: 991px) 100vw, 991px" data-orig-height="496" data-orig-width="991" data-orig-src="https://legalforms.io/wp-content/uploads/2019/10/8-7-991x496.png" /></figure>
<h3><strong>How will I determine whether I want to hire a specific lawyer?</strong></h3>
<p><strong>Answer.</strong> Many lawyers are willing to meet with you briefly without charge so the two of you can get acquainted. During (or soon after) this first meeting, you can decide whether you want to hire that lawyer. Many people feel nervous or intimidated when meeting lawyers, but remember that you are the one doing the hiring, and what’s most important is that you are satisfied with what you’re getting for your money. Before you make any hiring decisions, you might want to ask certain questions to aid in your evaluation.</p>
<h2><strong>Have Faith</strong></h2>
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<div class="uagb-blockquote__content">It is important that you trust the lawyer you hire, believing that he or she will do the best job possible in protecting your legal rights. However, remember that lawyers cannot work magic. No lawyer can be expected to win every case, and the best legal advice may turn out to be not exactly what you wanted to hear.</div>
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<h3><strong>What sort of questions should I ask?</strong></h3>
<p><strong>Answer.</strong> Ask about the lawyer’s experience and areas of practice. How long has the lawyer and the firm been practicing law? What kinds of legal problems does the lawyer handle most often? Are most clients individuals or businesses?</p>
<h3><strong>Is it proper to ask the lawyer if anyone else will be working on my case?</strong></h3>
<p><strong>Answer.</strong> Since you are the one paying the bill, it is well within your rights. Ask if nonlawyers, such as paralegals or law clerks, will be used in researching or preparing the case. If so, will there be separate charges for their services? Who will be consulted if the lawyer is unsure about some aspects of your case? Will the lawyer recommend another attorney or firm if this one is unable to handle your case?</p>
<h3><strong>I met with a lawyer who referred me to another lawyer. Should I be angry?</strong></h3>
<p><strong>Answer.</strong> Probably not. Occasionally, a lawyer will suggest that someone else in the same firm or an outside lawyer handle your specific problem. Perhaps the original lawyer is too busy to give your case the full attention it deserves. Maybe your problem requires another’s expertise. No one likes to feel that a lawyer is shifting him or her to another attorney. However, most reassignments within firms occur for a good reason. Do not hesitate to request a meeting with the new attorney to make sure you are comfortable with him or her.</p>
<h3><strong>What, in particular, should I ask about fees and costs?</strong></h3>
<p><strong>Answer.</strong> How are fees charged<strong>—</strong>by the hour, by the case, or by the amount won? About how much money will be required to handle the case from start to finish? When must you pay the bill? Can you pay for it in installments? Ask for a written statement showing specific services rendered and the charge for each.</p>
<h3><strong>When I first meet with my prospective lawyer, should I ask about the possible outcome</strong> <strong>of the case?</strong></h3>
<p><strong>Answer.</strong> Certainly, but beware of any lawyer who guarantees a big settlement or assures a victory in court. Remember that there are at least two sides to every legal issue and many factors can affect its resolution. Ask for the lawyer’s opinion of your case’s strengths and weaknesses. Will the lawyer most likely settle your case out of court or is it likely that the case will go to trial? What are the advantages and disadvantages of a settlement? Of going to trial? What kind of experience does the lawyer have in trial work? If you lose at the trial, will the lawyer be willing to appeal the decision?</p>
<h3><strong>Should I ask if and how I can help with my case?</strong></h3>
<p><strong>Answer.</strong> Yes. It is often in your interest to participate actively in your case. When you hire a lawyer, you are paying for legal advice. Your lawyer should make no major decision about whether and how to go on with the case without your permission. Pay special attention to whether the lawyer seems willing and able to explain the case to you and answers your questions clearly and completely. Also, ask what information will be supplied to you. How, and how often, will the lawyer keep you informed about the progress of your case? Will the lawyer send you copies of any of the documents that have to do with your case? Can you help keep fees down by gathering documents or otherwise assisting the effort?</p>
<h3><strong>During our first meeting, should I ask what will happen if the lawyer and I disagree?</strong></h3>
<p><strong>Answer.</strong> Yes, your first meeting is the best time to ask about resolving potential problems. Find out if the lawyer will agree to binding arbitration if a serious dispute arises between the two of you. Most state bar associations have arbitration committees that, for a fee, will settle disputes that you and your lawyer may have, say over expenses. By agreeing to binding arbitration, both you and the lawyer consent to present your cases to an outside panel and abide by its decision.</p>
<h2><strong>Legal Fees and Expenses</strong></h2>
<figure class="wp-block-image" data-orig-height="496" data-orig-width="991" data-orig-src="https://legalforms.io/wp-content/uploads/2019/10/9-7-991x496.png"><img src="https://66.media.tumblr.com/a1062b50386156963b08c563750ac9c0/136478f6d62e78ae-e1/s540x810/0ee88e805b7d21065ec2dd7cb9901e532f9c6185.png" alt="Legal fees and expenses" class="wp-image-4466" srcset="https://legalforms.io/wp-content/uploads/2019/10/9-7-991x496.png 991w, https://legalforms.io/wp-content/uploads/2019/10/9-7-480x240.png 480w, https://legalforms.io/wp-content/uploads/2019/10/9-7-300x150.png 300w, https://legalforms.io/wp-content/uploads/2019/10/9-7-768x384.png 768w, https://legalforms.io/wp-content/uploads/2019/10/9-7.png 1024w" sizes="(max-width: 991px) 100vw, 991px" data-orig-height="496" data-orig-width="991" data-orig-src="https://legalforms.io/wp-content/uploads/2019/10/9-7-991x496.png" /></figure>
<h3><strong>How can I be sure that my lawyer will not overcharge me?</strong></h3>
<p><strong>Answer.</strong> The fee charged by an attorney should be reasonable from an objective point of view. The fee should be tied to specific services rendered, time invested, and level of expertise provided.</p>
<p>There are some broad guidelines to help in evaluating whether a particular fee is reasonable:</p>
<ul>
<li>the time and work required by the lawyer and any assistants, and the difficulty of the legal issues presented;</li>
<li>how much other lawyers in the area charge for similar work;</li>
<li>the total value of the claim or settlement and the results of the case;</li>
<li>whether the lawyer has worked for that client before;</li>
<li>the lawyer’s experience, reputation, and ability; and</li>
<li>the amount of other work the lawyer had to turn down to take on a particular case.</li>
</ul>
<h2><strong>Talk About Fees</strong></h2>
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<div class="uagb-blockquote__content">Although money is often a touchy subject in our society, fees and other charges should be discussed with your lawyer early. You can avoid future problems by having a clear understanding of the fees to be charged and getting that understanding in writing before any legal work has started. If the fee is to be charged on an hourly basis, insist on a complete itemized list and an explanation of charges each time the lawyer bills you.<br />
<br />
Legal advice is not cheap. A bill from a lawyer for preparing a one<strong>–</strong>page legal document or providing basic advice may surprise some clients. Remember that when you hire a lawyer, you are paying for his or her expertise and time.</div>
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<h3><strong>Someone said that I should ask my lawyer to use the billing method that is based on contingent fees. What does this mean?</strong></h3>
<p><strong>Answer.</strong> A client pays a contingent fee to a lawyer only if the lawyer handles a case successfully. Lawyers and clients use this arrangement only in cases where the money is being claimed<strong>—</strong>most often in cases involving personal injury or workers’ compensation. Many states strictly forbid this billing method in criminal cases and in most cases involving domestic (i.e., family) relations.</p>
<p>In a contingent fee arrangement, the lawyer agrees to accept a fixed percentage (often one third) of the recovery, which is the amount finally paid to the client. If you win the case, the lawyer’s fee comes out of the money awarded to you. If you lose, neither you nor the lawyer will get any money, but you will not be required to pay your attorney for the work done on the case.</p>
<p>On the other hand, win or lose, you probably will have to pay court filing fees, the costs related to deposing witnesses, and similar charges.</p>
<p>By entering into a contingent fee agreement, both you and your lawyer expect to collect some unknown amount of money. Because many personal injury actions involve considerable and often complicated investigation and work by a lawyer, this may be less expensive than paying an hourly rate. You should clearly understand your options before entering into a contingency fee agreement, which is a contract in itself.</p>
<h3><strong>Are all contingent fee arrangements the same?</strong></h3>
<p><strong>Answer.</strong> No. An important consideration is whether or not the lawyer deducts the costs and expenses from the amount won before or after you pay the lawyer’s percentage.</p>
<p><strong>Example:</strong> Joe hires Ernie Attorney to represent him, agreeing that Ernie will receive one-third of the final amount<strong>—</strong>in this case, $12,000. If Joe pays Ernie his fee before expenses, the fee will be calculated as follows:</p>
<p>$12,000 Total amount recovered in case</p>
<p><u>-$4,000</u>One third for Ernie Attorney</p>
<p>$8,000 Balance</p>
<p><u>-2,100</u> Payment for expenses and costs</p>
<p>$5,900 Amount that Joe recovers</p>
<p>If Joe pays Ernie after other legal expenses and costs, the fee will be calculated as follows:</p>
<p>$12,000 Total amount recovered in case</p>
<p><u>– 2,100</u> Payment for expenses and costs</p>
<p>$9,900 Balance</p>
<p><u>-3,300</u>(One<strong>–</strong>third for Ernie Attorney)</p>
<p>$6,600 Amount that Joe recovers</p>
<p>The above figures show that Joe will collect an additional seven<strong>–</strong>hundred dollars if the agreement provides that Ernie Attorney collects his share after Joe pays the other legal expenses.</p>
<p>Many lawyers prefer to be paid before they subtract the expenses, but the point is often negotiable. Of course, these matters should be settled before you hire a lawyer. If you agree to pay a contingency fee, your lawyer should provide a written explanation of this agreement that clearly states how he or she will deduct costs.</p>
<h3><strong>If my lawyer and I agree to a contingent fee arrangement, shouldn’t the method of settling my case affect the amount of my lawyer’s fee?</strong></h3>
<p><strong>Answer.</strong> Yes, but only if both of you agree beforehand. Lawyers settle most personal injury cases through negotiations with insurance companies; such cases rarely require a trial in court. If the lawyer settles the case before going to trial, this requires less legal work. You can try to negotiate an agreement in which the lawyer accepts a lower percentage if he or she settles the case easily and quickly or before a lawsuit is filed in court, though many good lawyers might not agree to those terms.</p>
<h3><strong>What billing method do most lawyers use?</strong></h3>
<p><strong>Answer.</strong> The most common billing method is to charge a set amount for each hour of the time the lawyer works on your case. The method for determining what is a “reasonable” hourly fee depends on several things. More experienced lawyers tend to charge more per hour than those with less experience<strong>—</strong>but they also may take less time to do the same legal work. In addition, the same lawyer will usually charge more for time spent in the courtroom than for hours spent in the office or library.</p>
<h2><strong>Types of Fees and Expenses</strong><br /></h2>
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<div class="uagb-blockquote__content">The method used to charge fees is one of the things to consider in deciding if a fee is reasonable. You should understand the different charging methods before you make any hiring decision. At your first meeting, the lawyer should estimate how much the total case will cost and inform you of the method he or she will use to charge for the work. As with any bill, you should not pay without first getting an explanation for any charges you do not understand. Remember, not all costs can be estimated exactly because of unforeseen developments during the course of your case.</div>
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<h3><strong>A friend suggested that I might want to have a lawyer “on retainer.” What does this mean?</strong></h3>
<p><strong>Answer.</strong> A retainer fee is a set amount of money paid regularly to make sure that a lawyer will be available for any necessary legal service you might require. Businesses and people who routinely have a lot of legal work use retainers. By paying a retainer, a client receives routine consultations and general legal advice whenever needed. If a legal matter requires courtroom time or many hours of work, the client may need to pay more than the retainer amount. Retainer agreements should always be in writing.</p>
<p>Most people do not see a lawyer regularly and do not need to pay a retainer fee. Sometimes, however, a lawyer will ask the client to pay some money in advance before any legal work will be done. Although often called a “retainer,” this money is really a down payment that will be applied toward the total fee billed.</p>
<h3><strong>I saw an advertisement from a law firm that charges fixed fees for specific types of work. What does this involve?</strong></h3>
<p><strong>Answer.</strong> A fixed fee is an amount that will be charged for routine legal work. In a few situations, this amount may be set by law or by the judge handling the case. Since advertising by lawyers is becoming more popular, you are likely to see ads offering: “Simple Divorce<strong>—</strong>$150″ or “Bankruptcy<strong>—</strong>from $50.” Do not assume that these prices will be the amount of your final bill. The advertised price often does not include court costs and other expenses.</p>
<h3><strong>Does the lawyer’s billing method influence the other costs and expenses that I might have to pay?</strong></h3>
<p><strong>Answer.</strong> No. Some costs and expenses will be charged regardless of the billing method. The court clerk’s office charges a fee for filing the complaint or petition that begins a legal action. The sheriff’s office charges a fee for serving a legal summons. Your lawyer must pay for postage, copying documents, telephone calls, and the advice or testimony of some types of expert witnesses such as doctors. These expenses, often called “costs,” may not be part of a legal fee, and you may have to pay them regardless of the fee arrangement you use. Your lawyer will usually pay these costs as needed, billing you at regular intervals or at the close of your case.</p>
<h3><strong>What are referral fees?</strong></h3>
<p><strong>Answer.</strong> If you go to “Lawyer A,” he or she may be unable to help but refers you instead to “Lawyer B, “at another law firm, who has more experience in handling your kind of case. In return for the referral, Lawyer A will sometimes ask to be paid part of the total fee arrangement you pay to Lawyer B. The law may prohibit this type of fee, especially if it increases the final amount to be paid by a client. The ethical rules for lawyers in most states specify that two lawyers may not divide a client’s fee unless:</p>
<ol>
<li>the client knows about the arrangement;</li>
<li>both lawyers do some actual “work” on the case;</li>
<li>they divide the fee to show how much work each lawyer did; and</li>
<li>the total bill is reasonable.</li>
</ol>
<p>If one lawyer refers you to another, ask whether there will be a referral fee and, if so, ask about the specifics of the agreement between the lawyers.</p>
<h3><strong>Should I “shop around” for the cheapest lawyer I can find?</strong></h3>
<p><strong>Answer.</strong> With legal advice, as with other products and services, you often get what you pay for. Although you should not expect to get good legal advice without paying for it, you should not pay for anything that you don’t actually receive. After you and your lawyer have discussed fees, make sure to follow through by examining each bill carefully. If you feel that any charge is too high or if you do not understand a billed item, ask your lawyer to explain it before you pay.</p>
<h3><strong>Is there anything I can do to reduce my legal costs?</strong></h3>
<p><strong>Answer.</strong> Yes, there are several cost<strong>–</strong>cutting methods available to you. First, answer all your lawyer’s questions fully and honestly. Not only will you feel better but you also will save on legal fees. If you tell your lawyer all the facts as you know them, it will save time that might be spent on the particular case and will help your lawyer do a better job.</p>
<p>Remember that the ethics of the profession bind your lawyer to maintain in the strictest confidence almost anything you reveal during your private discussions. You should feel free to tell your lawyer the complete details in your case, even those that embarrass you. It is particularly important to tell your lawyer facts about your case that reflect poorly on you. These will almost certainly come out if your case goes to trial.</p>
<h3><strong>Should I wait for my lawyer to say what he or she needs from me?</strong></h3>
<p><strong>Answer.</strong> No, some things should be obvious to you. Before the first meeting with your lawyer, think about your legal problem and how you would like it resolved. If your case involves other people, write down their names, addresses, and telephone numbers. Also, jot down any specific facts or dates you think might be important and any questions you want an answer. Bring the information with you to the first meeting, along with any relevant documents such as contracts or leases. By being organized, you will save time and money.</p>
<h3><strong>If something related to my case has occurred, should I wait until my next scheduled meeting to tell my lawyer about it?</strong></h3>
<p><strong>Answer.</strong> No, situations can vary from one day to the next. Tell your lawyer immediately of changes that might be important to your case. It might mean that the lawyer will have to take a totally different action<strong>—</strong>or no action at all<strong>—</strong>in your case. This could greatly affect your lawyer’s fee.</p>
<h3><strong>Can I reduce my legal costs if I get more involved in my case?</strong></h3>
<p><strong>Answer.</strong> Sometimes. Stay informed and ask for copies of important documents related to your case. Let your lawyer know if you are willing to help out, such as by picking up or delivering documents or by making a few telephone calls. You should not interfere with your lawyer’s work. However, you might be able to move your case quicker, reduce your legal costs, and keep yourself better informed by doing some of the work yourself. Discuss this with your lawyer.</p>
<h2><strong>What to Do if Your Lawyer Does Not Satisfy You</strong></h2>
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<h2><strong>Expectation About Your Lawyer</strong></h2>
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<div class="uagb-blockquote__content">When you agree to hire a lawyer and that lawyer agrees to be your legal representative, a two<strong>–</strong>way relationship begins in which you both have the same goal<strong>—</strong>to reach a satisfactory resolution to a legal matter. To reach this end, each of you must act responsibly toward the other. In a lawyer/client relationship, acting responsibly involves duties on both sides<strong>—</strong>and often involves some hard work.<br />
<br />
You have a right to expect competent representation from your lawyer. However, every lawsuit has at least two sides. You cannot always blame your lawyer if your case does not turn out the way you thought it would. If you are unhappy with your lawyer, it is important to determine the reasons. If, after a realistic look, you still believe that you have a genuine complaint about your legal representation, there are several things you can do. The accompanying questions and answers discuss your alternatives.</div>
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<h3><strong>I lost my case, and I still had to pay my lawyer’s bill along with costs and expenses. I am not very happy with my lawyer. What can I do?</strong></h3>
<p><strong>Answer.</strong> First, talk with your lawyer. A lack of communication causes many problems. If your lawyer appears to have acted improperly or did not do something that you think he or she should have done, talk with your lawyer about it. You may be satisfied once you understand the circumstances better.</p>
<h3><strong>I have tried to talk to my lawyer. However, my lawyer will not discuss it. Do I have any alternatives?</strong></h3>
<p><strong>Answer.</strong> Yes. If your lawyer is unwilling to discuss your complaints, consider taking your legal affairs to another lawyer. You decide whom to hire (and fire) as your lawyer. When you fire a lawyer, you may be charged a reasonable amount for the work already done. Most documents relating to the case are yours<strong>—</strong>ask for them. In some states, however, a lawyer may have some rights to a file until the client pays a reasonable amount for work done on the case.</p>
<h3><strong>What if I feel that my lawyer has acted unethically?</strong></h3>
<p><strong>Answer.</strong> How a lawyer should act, in both professional and private life, is controlled by the rules of professional conduct in the state or states where he or she is licensed to practice. These rules are usually by the state supreme court through its disciplinary board.</p>
<p>These codes consist of rules that describe generally how lawyers should strive to improve the legal profession and uphold the laws. They also give more detailed rules of conduct for specific situations (see below). If a lawyer’s conduct falls below the standards set out in the codes, he or she can be disciplined by being “censured” or “reprimanded” (publicly or privately criticized), “suspended” (having the license to practice law taken away for a certain time), or “disbarred” (having the law license taken away indefinitely).</p>
<p>The law sets out punishments for anyone who breaks civil and criminal laws, and that includes lawyers. But because of the special position of trust and confidence involved in a lawyer/client relationship, lawyers may also be punished for things which are not unlawful<strong>—</strong>such as telling others confidential information about a client or representing clients whose interests are in conflict.</p>
<h3><strong>What are some specific examples of the ethical duties of lawyers?</strong></h3>
<p><strong>Answer.</strong> Among the highest responsibilities a lawyer has is his or her obligation to a client. A number of strict rules and common sense guidelines define these responsibilities.</p>
<ul>
<li><u>Competence.</u> This requires the lawyer’s ability to analyze legal issues; research and study changing laws and legal trends; and otherwise, represent the client effectively and professionally.</li>
<li><u>Following the client’s decisions.</u> A lawyer should advise a client of possible actions to be taken in a case and then act according to the client’s choice of action<strong>—</strong>even if the lawyer might have picked a different route. One of the few exceptions is a client asking for a lawyer’s help in doing something illegal such as lying in court or in a legal document. In these cases, the lawyer is required to inform the client of the legal effect of any planned wrongdoing and refuse to assist with it.</li>
<li><u>Diligence.</u> Every lawyer must act carefully and in a timely manner in handling a client’s legal problem. Unnecessary delays can often damage a case. If, because of overwork or any other reason, a lawyer is unable to spend the required time and energy on a case, the lawyer should refuse from the beginning to take the case.</li>
<li><u>Communication.</u> A lawyer must be able to communicate effectively with a client. When a client asks for an explanation, the lawyer must provide it within a reasonable time. A lawyer must inform a client about changes in a case caused by time and circumstances.</li>
<li><u>Fees.</u> The amount the lawyer charges for legal work must be reasonable, and the client should be told the specifics of all charges.</li>
<li><u>Confidentiality.</u> With few exceptions, a lawyer may generally not tell anyone else what a client reveals about a case. The reason for this strict rule is to enable a client to discuss case details openly and honestly with a lawyer, even if those details reveal embarrassing or damaging information about the client. A rule called the “attorney/client privilege” helps protect confidential information from being disclosed. Ask your lawyer to explain the privilege to you.</li>
<li><u>Conflicts of interest.</u> A lawyer must be loyal to his or her client. This means that a lawyer cannot represent two clients who are on opposite sides in the same or related lawsuits unless both clients give permission. And ordinarily, there can be no representation of a client whose interests would conflict with the lawyer’s interests. For example, a lawyer may not be involved in writing a will for a client who leaves the lawyer money or property in that will.</li>
<li><u>Keeping clients’ property.</u> If a lawyer is holding a client’s money or property, it must be kept safely and separately from the lawyer’s own funds and belongings. When a client asks for the property, the lawyer must return it immediately and in good condition. The lawyer must also keep careful records of money received for a client and, if asked, report that amount promptly and accurately.</li>
</ul>
<h2><strong>A Client’s Responsibilities</strong></h2>
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<div class="uagb-blockquote__content">As in any successful relationship, a good lawyer/client relationship involves cooperation on both sides. As a client, you should do all you can to make sure you get the best possible legal help. This includes:</div>
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<ul>
<li>Being honest. Be honest in telling all the facts to your lawyer. Remind yourself of important points or questions by writing them down before talking with your lawyer.</li>
<li>Notifying the lawyer of changes. Tell the lawyer promptly about any changes or new information you learn which may affect your case. This responsibility is a broad one and covers things from a change of your address or telephone number to let your lawyer know if and why you are unhappy with his or her work.</li>
<li>Asking for clarification. If you have any questions or are confused about something in your case, ask the lawyer for an explanation. This may go a long way toward putting your mind at ease<strong>—</strong>and will also help your lawyer do a better job of handling your case.</li>
<li>Being realistic. A lawyer can only handle your legal affairs. You may need the help of another professional<strong>—</strong>banker, family counselor, accountant, or psychologist, for example<strong>—</strong>for problems that have no “legal” solution. After you have hired a lawyer you trust, do not forget about that trust. The lawyer’s judgments are based on experience and training. Also, keep in mind that most legal matters cannot be resolved overnight. Give the system time to work.</li>
<li>Paying. A client has the duty to promptly pay a fair and reasonable price for legal services. In fact, when a client fails to pay, in some situations the lawyer may have the right to stop working on the case. Still, the lawyer must then do whatever is reasonably possible to prevent the client’s case from being harmed.</li>
</ul>
<h3><strong>I am upset with the way my lawyer handled my case. Can I file a complaint?</strong></h3>
<p><strong>Answer.</strong> Yes. As noted above, lawyers can be disciplined for violating ethical guidelines.</p>
<h3><strong>Where can I file a complaint against my lawyer?</strong></h3>
<p><strong>Answer.</strong> If you believe you have a valid complaint about how your lawyer has handled your case, inform the organization that grants or withholds licenses to practice law in your state. Usually, this is the disciplinary board of the state supreme court. You’ll find it under the government listings for your state. You can also obtain its location from the local bar association. Or access a listing of lawyer disciplinary agencies here.</p>
<table id="tablepress-2" class="tablepress tablepress-id-2">
<thead>
<tr class="row-1 odd">
<th class="column-1">State</th>
<th class="column-2">Name</th>
<th class="column-3">Address</th>
<th class="column-4">Phone</th>
<th class="column-5">Website</th>
</tr>
</thead>
<tbody class="row-hover">
<tr class="row-2 even">
<td class="column-1">ALABAMA</td>
<td class="column-2">General Counsel<br />
Alabama State Bar<br />
Center for Professional Responsibility</td>
<td class="column-3">415 Dexter Avenue Montgomery, AL 36104</td>
<td class="column-4"><a href="tel:1-800-354-6154">Toll-Free</a><br />
<a href="tel:1-334-269-1515">Local</a></td>
<td class="column-5"><a href="http://www.alabar.org">Website</a></td>
</tr>
<tr class="row-3 odd">
<td class="column-1">ALASKA</td>
<td class="column-2">Bar Counsel<br />
Alaska Bar Association</td>
<td class="column-3">Post Office Box 100279 Anchorage, AK 99510-0279</td>
<td class="column-4"><a href="tel:1-907-272-7469">Local</a></td>
<td class="column-5"><a href="http://www.alaskabar.org">Website</a></td>
</tr>
<tr class="row-4 even">
<td class="column-1">ARIZONA</td>
<td class="column-2">Chief Bar Counsel<br />
State Bar of Arizona</td>
<td class="column-3">4201 North 24th Street, Suite 100 Phoenix, AZ 85016-6266</td>
<td class="column-4"><a href="tel:1-866-482-9227">Toll-Free</a><br />
<a href="tel:1-602-252-4804">Local</a></td>
<td class="column-5"><a href="http://www.azbar.org">Website</a></td>
</tr>
<tr class="row-5 odd">
<td class="column-1">ARKANSAS</td>
<td class="column-2">Director & Chief Disciplinary Counsel Committee on Professional Conduct</td>
<td class="column-3">2100 Riverfront Drive, Suite 200<br />
Little Rock, AR 72202-1747</td>
<td class="column-4"><a href="tel:1-501-376-0313">Local</a><br />
<a href="tel:1-800-506-6631">Toll-Free</a></td>
<td class="column-5"><a href="http://www.courts.arkansas.gov/professional_conduct">Website</a></td>
</tr>
<tr class="row-6 even">
<td class="column-1">CALIFORNIA</td>
<td class="column-2">Chief Trial Counsel<br />
State Bar of California</td>
<td class="column-3">1149 South Hill Street, 10th Floor Los Angeles, CA 90015-2299</td>
<td class="column-4"><a href="tel:1-800-843-9053">Toll-Free</a><br />
<a href="tel:1-213-765-1200">Local</a></td>
<td class="column-5"><a href="http://www.calbar.ca.gov">Website</a></td>
</tr>
<tr class="row-7 odd">
<td class="column-1">CALIFORNIA</td>
<td class="column-2">State Bar of California</td>
<td class="column-3">180 Howard Street, 6th Floor San Francisco, CA 94105-1639</td>
<td class="column-4"><a href="tel:1-415-538-2000">Local</a></td>
<td class="column-5"></td>
</tr>
<tr class="row-8 even">
<td class="column-1">COLORADO</td>
<td class="column-2">Office of Attorney Regulation Counsel</td>
<td class="column-3">1300 Broadway, Suite 500 Denver, CO 80203</td>
<td class="column-4"><a href="tel:1-877-888-1370">Toll-Free</a><br />
<a href="tel:1-303-457-5800">Local</a></td>
<td class="column-5"><a href="http://www.coloradosupremecourt.com">Website</a></td>
</tr>
<tr class="row-9 odd">
<td class="column-1">CONNECTICUT</td>
<td class="column-2">Chief Disciplinary Counsel Statewide Grievance Committee</td>
<td class="column-3">100 Washington Street Hartford, CT 06106</td>
<td class="column-4"><a href="tel:1-860-706-5055">Local</a></td>
<td class="column-5"><a href="http://%20www.jud.ct.gov/ocdc">Website</a></td>
</tr>
<tr class="row-10 even">
<td class="column-1">DELAWARE</td>
<td class="column-2">Delaware Office of Disciplinary Counsel</td>
<td class="column-3">820 North French Street, 11th Floor Wilmington, DE 19801</td>
<td class="column-4"><a href="tel:1-302-577-7042">Local</a></td>
<td class="column-5"><a href="http://www.courts.delaware.gov/odc">Website</a></td>
</tr>
<tr class="row-11 odd">
<td class="column-1">DISTRICT OF COLUMBIA</td>
<td class="column-2">District of Columbia Office of Bar Counsel</td>
<td class="column-3">515 5th Street, NW Building A, Room 117 Washington, DC 20001</td>
<td class="column-4"><a href="tel:1-202-638-1501">Local</a></td>
<td class="column-5"><a href="http://www.dcbar.org">Website</a></td>
</tr>
<tr class="row-12 even">
<td class="column-1">FLORIDA</td>
<td class="column-2">Director of Lawyer Regulation The Florida Bar</td>
<td class="column-3">651 East Jefferson Street Tallahassee, FL 32399-2300</td>
<td class="column-4"><a href="tel:1-800-342-8060">Toll-Free</a><br />
<a href="tel:1-850-561-5776">Local</a></td>
<td class="column-5"><a href="http://www.flabar.org">Website</a></td>
</tr>
<tr class="row-13 odd">
<td class="column-1">GEORGIA</td>
<td class="column-2">General Counsel<br />
State Bar of Georgia</td>
<td class="column-3">104 Marietta Street NW, Suite 100 Atlanta, GA 30303</td>
<td class="column-4"><a href="tel:1-800-334-6865">Toll-Free</a><br />
<a href="tel:1-404-527-8720">Local</a></td>
<td class="column-5"><a href="http://www.gabar.org">Website</a></td>
</tr>
<tr class="row-14 even">
<td class="column-1">HAWAI’I</td>
<td class="column-2">Disciplinary Board of the Hawai’i Supreme Court Office of Disciplinary Counsel</td>
<td class="column-3">1132 Bishop Street, Suite 300 Honolulu, HI 96813</td>
<td class="column-4"><a href="tel:1-808-521-4591">Local</a></td>
<td class="column-5"><a href="http://www.odchawaii.com/">Website</a></td>
</tr>
<tr class="row-15 odd">
<td class="column-1">IDAHO</td>
<td class="column-2">Bar Counsel<br />
Idaho State Bar</td>
<td class="column-3">Post Office Box 895 Boise, ID 83701</td>
<td class="column-4"><a href="tel:1-208-334-4500">Local</a></td>
<td class="column-5"><a href="http://www.isb.idaho.gov">Website</a></td>
</tr>
<tr class="row-16 even">
<td class="column-1">ILLINOIS - (CHICAGO AND NORTHERN ILLINOIS)</td>
<td class="column-2">Administrator<br />
Illinois Attorney Registration & Disciplinary Commission</td>
<td class="column-3">130 East Randolph Street, Suite 1500<br />
Chicago, IL 60601-6219</td>
<td class="column-4"><a href="tel:1-800-826-8625">Toll-Free</a><br />
<a href="tel:1-312-565-2600">Local</a></td>
<td class="column-5"><a href="http://www.iardc.org">Website</a></td>
</tr>
<tr class="row-17 odd">
<td class="column-1">ILLINOIS - (CENTRAL AND SOUTHERN ILLINOIS)</td>
<td class="column-2">Illinois Attorney Registration & Disciplinary Commission</td>
<td class="column-3">3161 West White Oaks Drive, Suite 301 Springfield, IL 62704</td>
<td class="column-4"><a href="tel:1-800-252-8048">Toll-Free</a><br />
<a href="tel:1-217-546-3523">Local</a></td>
<td class="column-5">N/A</td>
</tr>
<tr class="row-18 even">
<td class="column-1">INDIANA</td>
<td class="column-2">Executive Secretary<br />
Indiana Supreme Court Disciplinary Commission</td>
<td class="column-3">30 South Meridian Street, Suite 850 Indianapolis, IN 46204</td>
<td class="column-4"><a href="tel:1-317-232-1807">Local</a></td>
<td class="column-5"><a href="http://www.in.gov/judiciary/discipline/">Website</a></td>
</tr>
<tr class="row-19 odd">
<td class="column-1">IOWA</td>
<td class="column-2">Assistant Director for Attorney Regulation<br />
Iowa Supreme Court<br />
Office of Professional Regulation</td>
<td class="column-3">1111 East Court Avenue<br />
Des Moines, IA 50319</td>
<td class="column-4"><a href="tel:1-515-725-8019">Local</a></td>
<td class="column-5"><a href="http://www.iowacourts.gov/professional_regulation/attorney_discipline/">Website</a></td>
</tr>
<tr class="row-20 even">
<td class="column-1">KANSAS</td>
<td class="column-2">Disciplinary Administrator Kansas Disciplinary Administrator Office</td>
<td class="column-3">701 SW Jackson, 1st Floor Topeka, KS 66603</td>
<td class="column-4"><a href="tel:1-785-296-2486">Local</a></td>
<td class="column-5"><a href="http://www.kscourts.org">Website</a></td>
</tr>
<tr class="row-21 odd">
<td class="column-1">KENTUCKY</td>
<td class="column-2">Chief Bar Counsel Kentucky Bar Association</td>
<td class="column-3">514 West Main Street Frankfort, KY 40601-1883</td>
<td class="column-4"><a href="tel:1-502-564-3795">Local</a></td>
<td class="column-5"><a href="http://www.kybar.org">Website</a></td>
</tr>
<tr class="row-22 even">
<td class="column-1">LOUISIANA</td>
<td class="column-2">Office of the Disciplinary Counsel</td>
<td class="column-3">4000 South Sherwood Forest Blvd., Suite 607 Baton Rouge, LA 70816</td>
<td class="column-4"><a href="tel:1-800-326-8022">Toll-Free</a><br />
<a href="tel:1-225-293-3900">Local</a></td>
<td class="column-5"><a href="http://www.ladb.org">Website</a></td>
</tr>
<tr class="row-23 odd">
<td class="column-1">MAINE</td>
<td class="column-2">Bar Counsel<br />
Maine Board of Overseers of the Bar</td>
<td class="column-3">97 Winthrop Street<br />
Post Office Box 527 Augusta, ME 04332-0527</td>
<td class="column-4"><a href="tel:1-207-623-1121">Local</a></td>
<td class="column-5"><a href="http://www.mebaroverseers.org">Website</a></td>
</tr>
<tr class="row-24 even">
<td class="column-1">MARYLAND</td>
<td class="column-2">Bar Counsel<br />
Attorney Grievance Commission of Maryland</td>
<td class="column-3">100 Community Place, Suite 3301 Crownsville, MD 21032-2027</td>
<td class="column-4"><a href="tel:1-410-514-7051">Local</a></td>
<td class="column-5"><a href="http://www.courts.state.md.us/attygrievance/index.html">Website</a></td>
</tr>
<tr class="row-25 odd">
<td class="column-1">MASSACHUSETTS</td>
<td class="column-2">Office of the Bar Counsel</td>
<td class="column-3">99 High Street<br />
Boston, MA 02110</td>
<td class="column-4"><a href="tel:1-617-728-8750">Local</a></td>
<td class="column-5"><a href="http://www.mass.gov/obcbbo">Website</a></td>
</tr>
<tr class="row-26 even">
<td class="column-1">MICHIGAN</td>
<td class="column-2">Grievance Administrator Michigan Attorney Grievance Commission</td>
<td class="column-3">535 Griswold, Suite 1700<br />
Detroit, MI 48226</td>
<td class="column-4"><a href="tel:1-313-961-6585">Local</a></td>
<td class="column-5"><a href="http://www.agcmi.com">Website</a></td>
</tr>
<tr class="row-27 odd">
<td class="column-1">MICHIGAN</td>
<td class="column-2">Executive Director & General Counsel Attorney Disciplinary Board</td>
<td class="column-3">211 West Fort Street, Suite 1410 Detroit, MI 48226-3236</td>
<td class="column-4"><a href="tel:1-313-963-5553">Local</a></td>
<td class="column-5"><a href="http://www.adbmich.org">Website</a></td>
</tr>
<tr class="row-28 even">
<td class="column-1">MINNESOTA</td>
<td class="column-2">Director<br />
Minnesota Office of Professional Responsibility</td>
<td class="column-3">1500 Landmark Towers<br />
345 St. Peter Street<br />
St. Paul, MN 55102-1218</td>
<td class="column-4"><a href="tel:1-800-657-3601">Toll-Free</a><br />
<a href="tel:1-651-296-3952">Local</a></td>
<td class="column-5"><a href="http://lprb.mncourts.gov/Pages/Default.aspx">Website</a></td>
</tr>
<tr class="row-29 odd">
<td class="column-1">MISSISSIPPI</td>
<td class="column-2">General Counsel Mississippi State Bar</td>
<td class="column-3">643 North State Street Jackson, MS 39202</td>
<td class="column-4"><a href="tel:1-601-948-0568">Local</a></td>
<td class="column-5"><a href="http://www.msbar.org">Website</a></td>
</tr>
<tr class="row-30 even">
<td class="column-1">MISSOURI</td>
<td class="column-2">Missouri Supreme Court Office of Chief Disciplinary Counsel</td>
<td class="column-3">3335 American Avenue Jefferson City, MO 65109-1079</td>
<td class="column-4"><a href="tel:1-573-635-7400">Local</a></td>
<td class="column-5"><a href="http://www.mochiefcounsel.org">Website</a></td>
</tr>
<tr class="row-31 odd">
<td class="column-1">MONTANA</td>
<td class="column-2">Disciplinary Counsel</td>
<td class="column-3">Post Office Box 1099 Helena, MT 59624-1099</td>
<td class="column-4"><a href="tel:1-877-442-1648">Toll-Free</a><br />
<a href="tel:1-406-442-1648">Local</a></td>
<td class="column-5"><a href="http://www.montanaodc.org%3Cbr%20/%3E%0A">Website</a></td>
</tr>
<tr class="row-32 even">
<td class="column-1">NEBRASKA</td>
<td class="column-2">Counsel for Discipline Nebraska Supreme Court</td>
<td class="column-3">3808 Normal Blvd. Lincoln, NE 68506</td>
<td class="column-4"><a href="tel:1-402-471-1040">Local</a></td>
<td class="column-5"><a href="http://www.supremecourt.ne.gov">Website</a></td>
</tr>
<tr class="row-33 odd">
<td class="column-1">NEVADA</td>
<td class="column-2">Bar Counsel<br />
State Bar of Nevada</td>
<td class="column-3">600 East Charleston Blvd. Las Vegas, NV 89104</td>
<td class="column-4"><a href="tel:1-800-254-2797">Toll-Free</a><br />
<a href="tel:1-702-382-2200">Local</a></td>
<td class="column-5"><a href="http://www.nvbar.org">Website</a></td>
</tr>
<tr class="row-34 even">
<td class="column-1">NEW HAMPSHIRE</td>
<td class="column-2">Disciplinary Counsel<br />
New Hampshire Supreme Court Attorney Discipline Office</td>
<td class="column-3">4 Chenell Drive, Suite 102<br />
Concord, NH 03301</td>
<td class="column-4"><a href="tel:1-603-224-5828">Local</a></td>
<td class="column-5"><a href="http://www.%20nhattyreg.org/">Website</a></td>
</tr>
<tr class="row-35 odd">
<td class="column-1">NEW JERSEY</td>
<td class="column-2">Chief Counsel<br />
Office of Attorney Ethics<br />
Supreme Court of New Jersey</td>
<td class="column-3">Post Office Box 963<br />
Trenton, NJ 08625</td>
<td class="column-4"><a href="tel:1-609-530-4321">Local</a></td>
<td class="column-5"><a href="http://www.Judiciary.state.nj.us/oae/index.htm">Website</a></td>
</tr>
<tr class="row-36 even">
<td class="column-1">NEW MEXICO</td>
<td class="column-2">Chief Disciplinary Counsel<br />
Disciplinary Board of the Supreme Court of New Mexico</td>
<td class="column-3">Post Office Box 1809<br />
Albuquerque, NM 87103-1809</td>
<td class="column-4"><a href="tel:1-505-842-5781">Local</a></td>
<td class="column-5"><a href="http://www.nmdisboard.org">Website</a></td>
</tr>
<tr class="row-37 odd">
<td class="column-1">NEW YORK CITY<br />
1st Department</td>
<td class="column-2">Chief Counsel<br />
First Judicial Department<br />
Departmental Disciplinary Committee</td>
<td class="column-3">61 Broadway, 2nd Floor<br />
New York, NY 10006</td>
<td class="column-4"><a href="tel:1-212-401-0800">Local</a></td>
<td class="column-5"><a href="http://www.courts.state.ny.us/ip/attorneygrievance/complaints.shtml">Website</a></td>
</tr>
<tr class="row-38 even">
<td class="column-1">NEW YORK CITY<br />
2nd Department</td>
<td class="column-2">Chief Counsel<br />
Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts</td>
<td class="column-3">Renaissance Plaza<br />
335 Adams Street, Suite 2400<br />
Brooklyn, NY 11201-3745</td>
<td class="column-4"><a href="tel:1-718-923-6300">Local</a></td>
<td class="column-5"><a href="http://www.courts.state.ny.us/ip/attorneygrievance/complaints.shtml">Website</a></td>
</tr>
<tr class="row-39 odd">
<td class="column-1">NEW YORK STATE<br />
2nd Department</td>
<td class="column-2">Chief Counsel<br />
Grievance Committee for the Ninth Judicial District</td>
<td class="column-3">399 Knoll wood Road, Suite 200<br />
White Plains, NY 10603</td>
<td class="column-4"><a href="tel:1-914-824-5070">Local</a></td>
<td class="column-5"><a href="http://www.courts.state.ny.us/ip/attorneygrievance/complaints.shtml">Website</a></td>
</tr>
<tr class="row-40 even">
<td class="column-1">NEW YORK STATE<br />
2nd Department</td>
<td class="column-2">Chief Counsel<br />
Grievance Committee for the Tenth Judicial District</td>
<td class="column-3">150 Motor Parkway, Suite 102<br />
Hauppauge, NY 11788</td>
<td class="column-4"><a href="tel:1-631-231-3775">Local</a></td>
<td class="column-5"><a href="http://www.courts.state.ny.us/ip/attorneygrievance/complaints.shtml">Website</a></td>
</tr>
<tr class="row-41 odd">
<td class="column-1">NEW YORK STATE<br />
3rd Department</td>
<td class="column-2">Chief Attorney<br />
Third Judicial Department<br />
Committee on Professional Standards</td>
<td class="column-3">40 Steuben Street, Suite 502<br />
Albany, NY 12207-2109</td>
<td class="column-4"><a href="tel:1-518-%20285-8350">Local</a></td>
<td class="column-5"><a href="http://www.courts.state.ny.us/ip/attorneygrievance/complaints.shtml">Website</a></td>
</tr>
<tr class="row-42 even">
<td class="column-1">NEW YORK STATE<br />
4th Department</td>
<td class="column-2">Chief Counsel<br />
Grievance Committee for the Fifth Judicial District</td>
<td class="column-3">224 Harrison Street, Suite 408<br />
Syracuse, NY 13202-3066</td>
<td class="column-4"><a href="tel:1-315-471-1835">Local</a></td>
<td class="column-5"><a href="http://www.courts.state.ny.us/ip/attorneygrievance/complaints.shtml">Website</a></td>
</tr>
<tr class="row-43 odd">
<td class="column-1">NEW YORK STATE<br />
4th Department</td>
<td class="column-2">Chief Counsel<br />
Grievance Committee for the Seventh Judicial District</td>
<td class="column-3">50 East Avenue, Suite 404<br />
Rochester, NY 14604-2206</td>
<td class="column-4"><a href="tel:1-585-%20530-3180">Local</a></td>
<td class="column-5"><a href="http://www.courts.state.ny.us/ip/attorneygrievance/complaints.shtml">Website</a></td>
</tr>
<tr class="row-44 even">
<td class="column-1">NEW YORK STATE<br />
4th Department</td>
<td class="column-2">Chief Counsel<br />
Grievance Committee for the Eighth Judicial District</td>
<td class="column-3">438 Main Street, Suite 800<br />
Buffalo, NY 14202-3212</td>
<td class="column-4"><a href="tel:1-716-845-3630">Local</a></td>
<td class="column-5"><a href="http://www.courts.state.ny.us/ip/attorneygrievance/complaints.shtml">Website</a></td>
</tr>
<tr class="row-45 odd">
<td class="column-1">NORTH CAROLINA</td>
<td class="column-2">Counsel<br />
North Carolina State Bar</td>
<td class="column-3">Post Office Box 25908 Raleigh, NC 27611-5908</td>
<td class="column-4"><a href="tel:1-919-828-4620">Local</a></td>
<td class="column-5"><a href="http://www.ncbar.gov">Website</a></td>
</tr>
<tr class="row-46 even">
<td class="column-1">NORTH DAKOTA</td>
<td class="column-2">Disciplinary Board of the Supreme Court of North Dakota</td>
<td class="column-3">Post Office Box 2297<br />
Bismarck, ND 58502-2297</td>
<td class="column-4"><a href="tel:1-701-328-3925">Local</a></td>
<td class="column-5"><a href="http://www.sband.org/">Website</a></td>
</tr>
<tr class="row-47 odd">
<td class="column-1">OHIO</td>
<td class="column-2">Office of the Disciplinary Counsel of the Supreme Court of Ohio</td>
<td class="column-3">250 Civic Center Drive, Suite 325<br />
Columbus, OH 43215-7411</td>
<td class="column-4"><a href="tel:1-800-%20589-5256">Toll-Free</a><br />
<a href="tel:1-614-461-0256">Local</a></td>
<td class="column-5"><a href="http://www.supremecourt.ohio.gov/DisciplinarySys/odc/default.asp">Website</a></td>
</tr>
<tr class="row-48 even">
<td class="column-1">OHIO</td>
<td class="column-2">Secretary to the Board<br />
Board of Commissioners on Grievances & Discipline</td>
<td class="column-3">65 South Front Street, 5th Floor<br />
Columbus, OH 43215-3431</td>
<td class="column-4"><a href="tel:1-614-387-9370">Local</a></td>
<td class="column-5"><a href="http://www.supremecourt.ohio.gov/Boards/BOC/default.asp">Website</a></td>
</tr>
<tr class="row-49 odd">
<td class="column-1">OHIO</td>
<td class="column-2">Grievance Director Akron Bar Association</td>
<td class="column-3">57 South Broadway Street Akron, OH 44308</td>
<td class="column-4"><a href="tel:1-330-%20253-5007">Local</a></td>
<td class="column-5"><a href="http://www.akronbar.org/">Website</a></td>
</tr>
<tr class="row-50 even">
<td class="column-1">OHIO</td>
<td class="column-2">General Counsel<br />
Cincinnati Bar Association</td>
<td class="column-3">225 East 6th Street, 2nd Floor<br />
Cincinnati, OH 45202-3209</td>
<td class="column-4"><a href="tel:1-513-381-8213">Local</a></td>
<td class="column-5"><a href="http://www.cincybar.org/about/services/grievance.php">Website</a></td>
</tr>
<tr class="row-51 odd">
<td class="column-1">OHIO</td>
<td class="column-2">General Counsel<br />
Cleveland Metropolitan Bar Association</td>
<td class="column-3">1301 East 9th Street, 2nd Level Cleveland, OH 44114–1253</td>
<td class="column-4"><a href="tel:1-216-696-3525">Local</a></td>
<td class="column-5"><a href="http://www.clemetrobar.org/">Website</a></td>
</tr>
<tr class="row-52 even">
<td class="column-1">OHIO</td>
<td class="column-2">Bar Counsel Columbus Bar Association</td>
<td class="column-3">175 S. Third Street, Suite 1100 Columbus, OH 43215</td>
<td class="column-4"><a href="tel:1-614-221-4112">Local</a></td>
<td class="column-5"><a href="http://www.cbalaw.org/resources/community/grievance/">Website</a></td>
</tr>
<tr class="row-53 odd">
<td class="column-1">OHIO</td>
<td class="column-2">Assistant Executive Director<br />
Dayton Bar Association</td>
<td class="column-3">109 North Main Street, Suite 600 Dayton, OH 45402–1129</td>
<td class="column-4"><a href="tel:1-513-222-7902">Local</a></td>
<td class="column-5"><a href="http://www.daybar.org/public/grievance.php">Website</a></td>
</tr>
<tr class="row-54 even">
<td class="column-1">OHIO</td>
<td class="column-2">Bar Counsel<br />
The Toledo Bar Association</td>
<td class="column-3">311 N. Superior Street<br />
Toledo, OH 43604</td>
<td class="column-4"><a href="tel:1-419-242-4969">Local</a></td>
<td class="column-5"><a href="http://www.toledobar.org/Resources/Grievance/Grievance-and-Mediation/">Website</a></td>
</tr>
<tr class="row-55 odd">
<td class="column-1">OKLAHOMA</td>
<td class="column-2">General Counsel Oklahoma Bar Association</td>
<td class="column-3">1901 North Lincoln Blvd. Post Office Box 53036 Oklahoma City, OK 73152–3036</td>
<td class="column-4"><a href="tel:1-405-416-7007">Local</a></td>
<td class="column-5"><a href="http://www.okbar.org">Website</a></td>
</tr>
<tr class="row-56 even">
<td class="column-1">OREGON</td>
<td class="column-2">Disciplinary Counsel Oregon State Bar</td>
<td class="column-3">Post Office Box 231935 Tigard, OR 97281–1935</td>
<td class="column-4"><a href="tel:1-800-452-8260">Toll-Free</a><br />
<a href="tel:1-503-620-0222">Local</a></td>
<td class="column-5"><a href="http://www.osbar.org/discipline%3Cbr%20/%3E%0A">Website</a></td>
</tr>
<tr class="row-57 odd">
<td class="column-1">PENNSYLVANIA</td>
<td class="column-2">Chief Disciplinary Counsel</td>
<td class="column-3">601 Commonwealth Ave, Suite 2700 Post Office Box 62485 Harrisburg, PA 17106–2485</td>
<td class="column-4"><a href="tel:1-717-783-0990">Local</a></td>
<td class="column-5"><a href="http://www.padisciplinaryboard.org">Website</a></td>
</tr>
<tr class="row-58 even">
<td class="column-1">RHODE ISLAND</td>
<td class="column-2">Chief Disciplinary Counsel<br />
Disciplinary Board of the Supreme Court of Rhode Island</td>
<td class="column-3">Fogarty Judicial Annex<br />
24 Weybosset Street, 2nd Floor<br />
Providence, RI 02903</td>
<td class="column-4"><a href="tel:1-401-%20222-3270">Local</a></td>
<td class="column-5"><a href="http://www.courts.ri.gov/publicresources/disciplinaryboard/default.aspx">Website</a></td>
</tr>
<tr class="row-59 odd">
<td class="column-1">SOUTH CAROLINA</td>
<td class="column-2">Office of Disciplinary Counsel</td>
<td class="column-3">1015 Sumter Street<br />
Columbia, SC 29201</td>
<td class="column-4"><a href="tel:1-803-734-2038">Local</a></td>
<td class="column-5"><a href="http://www.judicial.state.sc.us/discCounsel/index.cfm">Website</a></td>
</tr>
<tr class="row-60 even">
<td class="column-1">SOUTH DAKOTA</td>
<td class="column-2">Disciplinary Board Counsel</td>
<td class="column-3">Post Office Box 511 Beresford, SD 57004</td>
<td class="column-4"><a href="tel:1-605-763-2107">Local</a></td>
<td class="column-5"><a href="http://www.sdbar.org/">Website</a></td>
</tr>
<tr class="row-61 odd">
<td class="column-1">TENNESSEE</td>
<td class="column-2">Chief Disciplinary Counsel<br />
Board of Professional Responsibility of the Supreme Court of Tennessee</td>
<td class="column-3">10 Cadillac Drive, Suite 220 Brentwood, TN 37027</td>
<td class="column-4"><a href="tel:1-800-%20486-5714">Toll-Free</a><br />
<a href="tel:1-615-361-7500">Local</a></td>
<td class="column-5"><a href="http://www.tbpr.org">Website</a></td>
</tr>
<tr class="row-62 even">
<td class="column-1">TEXAS</td>
<td class="column-2">Chief Disciplinary Counsel State Bar of Texas</td>
<td class="column-3">Post Office Box 12487 Austin, TX 78711</td>
<td class="column-4"><a href="tel:1-877-953-5535">Toll-Free</a><br />
<a href="tel:1-512-427-1350">Local</a></td>
<td class="column-5"><a href="http://www.texasbar.com">Website</a></td>
</tr>
<tr class="row-63 odd">
<td class="column-1">UTAH</td>
<td class="column-2">Utah State Bar<br />
Office of Professional Conduct</td>
<td class="column-3">645 South 200 East, Suite 205<br />
Salt Lake City, UT 84111–3834</td>
<td class="column-4"><a href="tel:1-801-%20531-9110">Local</a></td>
<td class="column-5"><a href="http://www.utahbar.org/public-services/">Website</a></td>
</tr>
<tr class="row-64 even">
<td class="column-1">VERMONT</td>
<td class="column-2">Disciplinary Counsel<br />
Professional Conduct Board of the Supreme Court of Vermont</td>
<td class="column-3">32 Cherry Street, Suite 213<br />
Burlington, VT 05401–7305</td>
<td class="column-4"><a href="tel:1-802-%20859-3000">Local</a></td>
<td class="column-5"><a href="http://www.vermontjudiciary.org/LC/attydiscipline.aspx%3Cbr%20/%3E%0A">Website</a></td>
</tr>
<tr class="row-65 odd">
<td class="column-1">VIRGINIA</td>
<td class="column-2">Bar Counsel<br />
Virginia State Bar</td>
<td class="column-3">Eighth & Main Bldg.<br />
707 East Main Street, Suite 1500 Richmond, VA 23219–2800</td>
<td class="column-4"><a href="tel:1-804-%20775-0500">Local</a></td>
<td class="column-5"><a href="http://www.vsb.org%3Cbr%20/%3E%0A">Website</a></td>
</tr>
<tr class="row-66 even">
<td class="column-1">WASHINGTON</td>
<td class="column-2">Chief Disciplinary Counsel<br />
Director of the Office of Disciplinary Counsel</td>
<td class="column-3">Washington State Bar Association<br />
1325 4th Avenue, Suite 600<br />
Seattle, WA 98101–2539</td>
<td class="column-4"><a href="tel:1-206-727-8207">Local</a></td>
<td class="column-5"><a href="http://www.wsba.org/Licensing-and-Lawyer-Conduct/Discipline">Website</a></td>
</tr>
<tr class="row-67 odd">
<td class="column-1">WEST VIRGINIA</td>
<td class="column-2">Chief Lawyer Disciplinary Counsel</td>
<td class="column-3">Office of Disciplinary Counsel<br />
4700 MacCorkle Avenue SE, Suite 1200C Charleston, WV 25304</td>
<td class="column-4"><a href="tel:1-304-558-7999">Local</a></td>
<td class="column-5"><a href="http://www.wvodc.org">Website</a></td>
</tr>
<tr class="row-68 even">
<td class="column-1">WISCONSIN</td>
<td class="column-2">Director<br />
Office of Lawyer Regulation</td>
<td class="column-3">110 East Main Street, Suite 315<br />
Madison, WI 53703–3383</td>
<td class="column-4"><a href="tel:1-877-315-9641">Toll-Free</a><br />
<a href="tel:1-608-267-7274">Local</a></td>
<td class="column-5"><a href="http://www.wicourts.gov/services/public/lawyerreg/file.htm%3Cbr%20/%3E%0A">Website</a></td>
</tr>
<tr class="row-69 odd">
<td class="column-1">WYOMING</td>
<td class="column-2">Bar Counsel</td>
<td class="column-3">Wyoming State Bar<br />
4124 Laramie Street<br />
Post Office Box 109 Cheyenne, WY 82003–0109</td>
<td class="column-4"><a href="tel:1-307-632-9061">Local</a></td>
<td class="column-5"><a href="http://www.wyomingbar.org">Website</a></td>
</tr>
<tr class="row-70 even">
<td class="column-1">AMERICAN SAMOA</td>
<td class="column-2">American Samoa Bar Association</td>
<td class="column-3">Post Office Box 23 Pago Pago, AS 96799</td>
<td class="column-4">N/A</td>
<td class="column-5"><a href="http://www.asbar.org/">Website</a></td>
</tr>
<tr class="row-71 odd">
<td class="column-1">GUAM</td>
<td class="column-2">Hearing Counsel<br />
Office of the Guam Bar Association Ethics Prosecutor</td>
<td class="column-3">Guam Judicial Center, 2nd Floor<br />
120 West O’Brien Drive<br />
Hagatna, Guam 969104-5174</td>
<td class="column-4">N/A</td>
<td class="column-5"><a href="http://www.guambar.org/">Website</a></td>
</tr>
<tr class="row-72 even">
<td class="column-1">PUERTO RICO</td>
<td class="column-2">Colegio de Abogados de Puerto Rico</td>
<td class="column-3">N/A</td>
<td class="column-4"><a href="tel:1-787-%20725-0330">Local</a></td>
<td class="column-5"><a href="http://www.capr.org/">Website</a></td>
</tr>
<tr class="row-73 odd">
<td class="column-1">PUERTO RICO</td>
<td class="column-2">Tribunal Supremo de Puerto Rico Department of Justice</td>
<td class="column-3">N/A</td>
<td class="column-4"><a href="tel:1-787-722-5755">Local</a></td>
<td class="column-5"><a href="http://www.ramajudicial.pr/index.htm">Website</a></td>
</tr>
<tr class="row-74 even">
<td class="column-1">US VIRGIN ISLANDS</td>
<td class="column-2">Disciplinary Counsel<br />
Office of Disciplinary Counsel</td>
<td class="column-3">Supreme Court of the Virgin Islands Post Office Box 590<br />
161 B Crown Bay<br />
Charlotte Amalie, St. Thomas, VI 00802</td>
<td class="column-4"><a href="tel:1-340-693-4127">Local</a></td>
<td class="column-5"><a href="http://www.visupremecourt.org/">Website</a></td>
</tr>
</tbody>
</table>
<p>In some states, the state bar association handles lawyer discipline. The board or the bar will either investigate the complaint or refer you to someone who can help. If your complaint concerns the amount your lawyer charged, you may be referred to a state or local bar association’s fee arbitration service.</p>
<p>Making a complaint of this sort may punish the lawyer for misconduct, but it will probably not help you recover any money. Filing a disciplinary complaint accusing your lawyer of unethical conduct is a serious matter to the lawyer. Try to resolve any differences or disputes directly with the lawyer before filing a complaint.</p>
<p>If you have a case pending that your lawyer has mishandled, be sure to also protect your rights by taking steps to see that your case is now properly handled.</p>
<h3><strong>Then how can I get money to compensate me for my lawyer’s misconduct?</strong></h3>
<p><strong>Answer.</strong> You will have to file a malpractice suit against your lawyer. The discussion on medical malpractice in the “Personal Injury” chapter will provide useful information on malpractice in general. You may also have the right to receive compensation from a client security fund.</p>
<h3><strong>My lawyer settled my case out of court and refuses to pay me my share of the settlement. What can I do about it?</strong></h3>
<p><strong>Answer.</strong> If you believe that your lawyer has taken or improperly kept money or property that belongs to you, contact the state (or sometimes, local) “client security fund,” “client indemnity fund” or “client assistance fund.” The state or local bar association or the state supreme court disciplinary board can tell you how to contact the fund that serves you. Under any name, these funds may reimburse clients if a court has found that their lawyer has defrauded them. Lawyers pay fees to maintain such funds.</p>
<h3><strong>If I am having a problem with my lawyer, is there any reason that I would want to call the police?</strong></h3>
<p><strong>Answer.</strong> Yes. If you believe that your lawyer has committed a crime such as stealing your money or property, you should report that crime to the police. This is the last resort that should be taken only when you feel certain of your position. However, if you are certain, do not feel intimidated because your complaint is against a lawyer.</p>
<h2><strong>Alternatives to Lawsuits</strong></h2>
<figure class="wp-block-image" data-orig-height="496" data-orig-width="991" data-orig-src="https://legalforms.io/wp-content/uploads/2019/10/11-10-991x496.png"><img src="https://66.media.tumblr.com/ea09789e405443f73f41d862c29cac37/136478f6d62e78ae-61/s540x810/b1e6426f7dd9a341fd84c104722d16a1a96229da.png" alt="What are alternatives to lawsuits" class="wp-image-4463" srcset="https://legalforms.io/wp-content/uploads/2019/10/11-10-991x496.png 991w, https://legalforms.io/wp-content/uploads/2019/10/11-10-480x240.png 480w, https://legalforms.io/wp-content/uploads/2019/10/11-10-300x150.png 300w, https://legalforms.io/wp-content/uploads/2019/10/11-10-768x384.png 768w, https://legalforms.io/wp-content/uploads/2019/10/11-10.png 1024w" sizes="(max-width: 991px) 100vw, 991px" data-orig-height="496" data-orig-width="991" data-orig-src="https://legalforms.io/wp-content/uploads/2019/10/11-10-991x496.png" /></figure>
<h3><strong>I am considering filing a lawsuit against someone. Is there anything I can do to avoid this?</strong></h3>
<p><strong>Answer.</strong> Yes, you can try to negotiate. Before you even think of going to court, try to talk with the other person in the dispute. Most potential suits are settled long before they go to court. The next chapter discusses steps to take in settling your case.</p>
<p>You can also explore other low<strong>–</strong>cost, informal alternatives that probably exist in your community<strong>—</strong>mediation, arbitration, and small claims court. The next chapter also provides practical information about each of these options.</p>
<h3><strong>Listen to the Other Person</strong></h3>
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<div class="uagb-blockquote__content">Keep an open mind to possible solutions and listen to the other person’s side of the story. Remember that, with or without the help of lawyers, most people settle their legal disputes out of court.</div>
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<h3><strong>I have already hired a lawyer and filed a lawsuit. Is it too late to negotiate a settlement?</strong></h3>
<p><strong>Answer.</strong> No. It’s almost never too late to settle. Judges and lawyers encourage those involved in a lawsuit to reach an agreement between themselves. If you reach an agreement after filing your case, let the court know you have settled the matter, and the case will be removed from the court’s calendar. If you have hired a lawyer, he or she should do this.</p>
<h2><strong>After You Settle</strong></h2>
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<div class="uagb-blockquote__content">It is important to get your settlement in writing, and it is best if you and the other person involved sign the final agreement. Suppose that, after filling a lawsuit, the two of you are able to work out the main problem such as who owes how much to whom. It still may be necessary to appear before a judge to determine a method or schedule of payment. It is usually best to get the advice of a lawyer about any settlement before you put it into writing and sign it.</div>
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<h3><strong>Can my case be thrown out of court because it is too old?</strong></h3>
<p><strong>Answer.</strong> Yes, every state has a time limit within which a case must be filed. The logic behind such limits, called statutes of limitations, is that most lawsuits are more easily and more fairly resolved within a short time. This is another reason that it is important to act as soon as you and your lawyer feel that you may have a valid legal claim. The time limits vary for different types of cases.</p>
<h2><strong>Where to Go for More Information</strong></h2>
<figure class="wp-block-image" data-orig-height="496" data-orig-width="991" data-orig-src="https://legalforms.io/wp-content/uploads/2019/10/12-5-991x496.png"><img src="https://66.media.tumblr.com/9322b366972110f96d44f62410d5a0ec/136478f6d62e78ae-a7/s540x810/5d4dc374528c6a6c84101bf694d81d0b97530b5a.png" alt="Where can I get more legal information from" class="wp-image-4464" srcset="https://legalforms.io/wp-content/uploads/2019/10/12-5-991x496.png 991w, https://legalforms.io/wp-content/uploads/2019/10/12-5-480x240.png 480w, https://legalforms.io/wp-content/uploads/2019/10/12-5-300x150.png 300w, https://legalforms.io/wp-content/uploads/2019/10/12-5-768x384.png 768w, https://legalforms.io/wp-content/uploads/2019/10/12-5.png 1024w" sizes="(max-width: 991px) 100vw, 991px" data-orig-height="496" data-orig-width="991" data-orig-src="https://legalforms.io/wp-content/uploads/2019/10/12-5-991x496.png" /></figure>
<h3><strong><em>Practical Information About the Law</em></strong>.</h3>
<p>There are many good sources of information about everyday law that will help you understand legal matters better and may give you a sense of your options. Many groups such as bar associations and consumer groups offer free or inexpensive brochures on various aspects of everyday law. A few of the many good practical law websites include:</p>
<ul>
<li>The ABA’s Division for <a href="https://www.americanbar.org/groups/public_education/">Public Education</a>.</li>
<li>FindLaw provides a wide network of attorneys near you (<a href="http://www.findlaw.com">Website)</a></li>
<li>For consumer issues, the <a href="https://www.ftc.gov">Federal Trade Commission</a> and the <a href="http://www.aarp.org"></a><a href="https://www.bbb.org/">Better Business Bureau</a> will be able to help.</li>
<li>For concerns of older persons, <a href="http://www.aarp.orghttp://www.aarp.org">AARP</a>.</li>
<li>For tax issues, the <a href="https://www.irs.gov/">IRS</a>.</li>
</ul>
<h3><strong><em>Alternative Dispute Resolution</em></strong></h3>
<ul>
<li>For information about mediation and arbitration in your community, you can perform a search on Google or contact your bar association or court system. For the leading provider on mediation and arbitration, services you can access <a href="https://www.jamsadr.com/mediation">JAMS</a>.</li>
</ul>
<h3><strong><em>To Complain About a Lawyer</em></strong></h3>
<p>Call you bar association, which will tell you how to proceed, which you can view above in our listing of <a href="https://legalforms.io/blog/when-and-how-to-use-a-lawyer/#where_can_i_file_a_complaint_against_my_lawyer">lawyer disciplinary agency services</a> in every state.</p>
<p>Cited Sources: <a href="https://www.americanbar.org">The ABA Legal Guide</a></p>
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via <a href="https://legalforms.io">When And How To Use a Lawyer</a><br />
<a href="https://legalformsio.tumblr.com/post/188463969860">When And How To Use a Lawyer</a> posted first on <a href="https://legalformsio.tumblr.com">https://legalformsio.tumblr.com</a>
Maureenhttp://www.blogger.com/profile/03992371858002223992noreply@blogger.com0tag:blogger.com,1999:blog-2572585416958711220.post-48285503170536296242019-10-09T01:06:00.001-07:002019-10-09T01:06:22.454-07:00How the Legal System Works<h2><strong>Introduction</strong></h2>
<p>ALTHOUGH NO ONE EXCEPT A CRIMINAL expects to be charged with a crime, and few of us ever contemplate the possibility of a lawsuit, it seems that the more we know about how our legal system works, the more likely we are to respect the rights of others while demanding that our own rights are respected. Hence this chapter on how the legal system works.</p>
<p>Subsequent chapters will explain your legal rights in a nation dedicated to the rule of law; this chapter will give you an overview of how our legal system can give those rights meaning.</p>
<p><strong>Why do we have an “adversarial” legal system?</strong></p>
<p><strong>A.</strong> American courtroom procedures are based on historical precedent, modified by the needs andexperience of lawyers and judges. When two parties cannot agree on their respective rights and obligations, or even on what gave rise to the dispute, the system provides each side with an equal opportunity to present its case (and to point out the weaknesses in its opponent’s case) to a neutral judge or jury. Each side is championed by a lawyer following the same statutes, case law, and rules of procedure. The system is designed to permit the truth to emerge whether the case is criminal or civil in nature.</p>
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Maureenhttp://www.blogger.com/profile/03992371858002223992noreply@blogger.com0tag:blogger.com,1999:blog-2572585416958711220.post-62757424029504150482019-09-25T19:51:00.001-07:002019-09-25T19:51:14.324-07:00How to Evict A Roommate With No Rental Agreement<p>When you need a roommate to make your rent with, you can’t always be too choosy. On some occasions, the demands of the moment will tend to outweigh any future considerations. As a result, you can sometimes end up making decisions that you may have occasion to regret as things progress.</p>
<p>However, this doesn’t mean that you have to live forever with a bad decision. If you feel the need to evict a roommate, there are options that are available for you to make use of. This will be particularly true if you took on an extra person in your home without an official roommate agreement, or more importantly, a lease agreement, in place.</p>
<h2>You Can Evict a Roommate Even if No Rental Agreement is in Place</h2>
<p>If you find that conditions with your roommate just aren’t working out, you don’t have to feel that you are stuck with them forever. Even if you never signed a rental agreement with them, there are still measures that you can make use of in order to remove them.</p>
<p>The main problem you will have is that your roommate is not named on the lease itself. This means <a href="http://www.hcd.ca.gov/manufactured-mobile-home/mobile-home-ombudsman/docs/Tenant-Landlord.pdf">that legally speaking</a>, they are not bound by the terms of the rental agreement that you have with your landlord. On the other hand, they are also not protected by the basic renter’s rights that you gained access to when you signed the leasing agreement with the property owner.</p>
<h2>You Can Attempt to Evict Your Roommate By Yourself</h2>
<p>There are several measures that you can take in order to evict an unwanted roommate. For example, you may be able to simply ask them to leave. Sometimes this is more than enough. However, if you have done so and your roommate refuses to leave, you may have to have <a href="https://hellogiggles.com/love-sex/friends/serious-talk-bestie/">access to stronger measures.</a></p>
<p>You may wish to draw up and then provide your unwanted roommate with written notice of eviction. It’s always best to make this as fair and practical as possible so as to encourage them to leave in the shortest amount of time. For example, you should give them 30 days to get their affairs together and find a new place to go to.</p>
<p>Make sure that you keep a copy of this written eviction notice for your own records. This is particularly important in case your roommate refuses to abide by the terms you have laid down. You can then take this document to your landlord or hand it to your lawyer in case you need to go to court to finally get rid of your roommate.</p>
<h2>You Can Go Directly to the Landlord</h2>
<p>If you can’t convince your roommate to leave your apartment after giving them a handwritten eviction notice, you can try going directly to your landlord. This is a bit risky if you have not already made your landlord aware of the fact that you have taken on a roommate that did not sign on to the official leasing agreement.</p>
<p>However, if the landlord is already aware of this fact, you can turn to them for help in getting rid of your unwanted roommate. Since your landlord is the owner of the property, they can take the necessary legal action. This can take several forms. One of the most effective ways is to file a criminal trespass complaint.</p>
<h2>You May Have to Take Your Roommate to Court</h2>
<p>If none of the above measures results in you getting rid of your roommate, you may have to turn to legal action. You may have to file a complaint in court to get rid of them. You have the right to have your case heard in a court of law and decided upon by a judge.</p>
<p>However, you should also keep in mind that this action may also carry its own series of risks. Remember that it is always possible that the judge may decide to rule against you in favor of your roommate. They can also simply rule to allow the owner of the property to evict all parties involved in the case, including you as well.</p>
<h2>How to Create the Perfect Roommate Agreement Template</h2>
<p>When it comes to drawing up the best <a href="https://legalforms.io/templates/residence-sharing-agreement/">roommate agreement template</a>, there are a number of very important factors that you will need to keep in mind at all times. First of all is the amount of rent that you desire your roommate to contribute on a weekly or monthly basis.</p>
<p>There is also the issue of laying down the precise rules that you desire your roommate to follow. These can be stated very clearly in your roommate rental agreement so that there are no grey areas subject to misunderstanding. Finally, you can also include steps for removing your roommate if they do not agree to follow the rules that you have laid down for them to follow.</p>
<h3>Contact Us for More Info</h3>
<p>If you are thinking of taking on a new roommate and thus require a workable roommate agreement template, we can help. We can provide you with all of the legal documents you need to create a legally binding <a href="https://legalforms.io/templates/residence-sharing-agreement/">rental agreement template</a>. This agreement can be designed to cover everything from roommate rules to the degree of the rent split. Log on to our site today to get your free rental agreement pdf and more info.</p>
<p><a href="https://legalforms.io/blog/how-to-evict-a-roommate-with-no-rental-agreement/">Written Source</a> with Photos by <a href="https://unsplash.com/@paul_nic?utm_source=unsplash&utm_medium=referral&utm_content=creditCopyText">Paolo Nicolello</a> and <a href="https://unsplash.com/@ayahya09?utm_source=unsplash&utm_medium=referral&utm_content=creditCopyText">Ali Yahya</a> on <a href="https://unsplash.com/s/photos/mad?utm_source=unsplash&utm_medium=referral&utm_content=creditCopyText">Unsplash</a></p>
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Maureenhttp://www.blogger.com/profile/03992371858002223992noreply@blogger.com0tag:blogger.com,1999:blog-2572585416958711220.post-90196440882887407552019-04-30T10:44:00.001-07:002019-04-30T10:44:18.780-07:00How to File a Mutual Consent Divorce Without a Lawyers Help?<h2 id="isamutualconsentdivorceforme">Is a Mutual Consent Divorce Right for Me?</h2>
<p>If you have decided to file for mutual consent divorce without the help of a lawyer, there are many important factors to consider.</p>
<p>Mutual consent divorce is a “no fault” for absolute divorce and there are certain requirements and criteria you must meet if you plan to take this huge task on by yourself.</p>
<p>Many people often choose this option because it is a money saver. However, you must also ask yourself whether you have the time and patience to handle everything that is involved in a divorce proceeding.</p>
<h3 id="determineifyouqualify">Determine If You Qualify</h3>
<p>Each state has different requirements and you should know if you meet them before attempting to file a mutual consent divorce by yourself. You may be able to file yourself if:</p>
<ul>
<li>Your spouse is in full agreement to include custody, support, and division of property</li>
<li>You believe the settlement is fair and reasonable</li>
<li>If children are involved, you are comfortable with the arrangement for your children in terms of support and custody (some states do not allow mutual consent divorce if you have minor children)</li>
<li>You are fully informed and satisfied with the information you have in regards to your family’s debts and assets</li>
<li>You have met all of the state’s requirements i.e. minimum residency requirement for you and/or your spouse, pregnancy, among others</li>
<li>You are prepared to pay the document fees and court filing costs</li>
</ul>
<h4 id="checktheclerkofcountycourt">Check the Clerk of County Court</h4>
<p>If you meet the eligibility requirements, the first place to begin is by checking with the clerk of county court who will be able to provide you with applicable <a href="https://ptla.org/wabanaki/general-description-divorce-process">divorce procedures</a>.</p>
<p>It may be possible to visit their website to obtain an online divorce form or you may want to make a visit in person to get all of your questions answered.</p>
<p>You may also be able to get more information on proceedings by visiting your county’s law library if there is one that is available where you live.</p>
<h4 id="preppingdocuments">Prepping Documents</h4>
<p>For a mutual consent divorce, there will be plenty of documents that you will have to prepare. Some businesses such as legal document preparers or paralegal services may be available to help you.</p>
<p>Although these businesses are not allowed to give you any legal advice since only a licensed attorney can do that, they can prepare the necessary forms you need and file them with the court.</p>
<p>There are also online document preparation services that can help you with a <a href="http://legalforms.io/templates/pre-divorce-agreement/">divorce petition form</a> if you live in an area where it is not convenient to speak with someone in person. These types of web-based services will arrange for a filing on your behalf and they often charge a fee based on how fast you need the documents prepared and filed.</p>
<h4 id="takeadvantageoffreeattorneyconsultations">Take Advantage of Free Attorney Consultations</h4>
<p>Although you have decided to handle the divorce proceeding by yourself, you do not have to avoid an attorney completely.</p>
<p>Since they often provide free initial consultations and they are aware that some people prefer the DIY divorce method, you may be able to get some good information from them to help you get your case moving in the right direction.</p>
<p>Not only do they provide insight into aspects of the case you may not have considered, but they can get you out of a jam if you run into problems during your divorce proceedings if it becomes too overwhelming to handle it yourself.</p>
<p>Via: The LegalForms Blog | Photo by <a href="https://unsplash.com/photos/7KQe_8Meex8?utm_source=unsplash&utm_medium=referral&utm_content=creditCopyText">Eric Ward</a> on <a href="https://unsplash.com/search/photos/divorce?utm_source=unsplash&utm_medium=referral&utm_content=creditCopyText">Unsplash</a></p>
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Maureenhttp://www.blogger.com/profile/03992371858002223992noreply@blogger.com1tag:blogger.com,1999:blog-2572585416958711220.post-86264322158982918392019-04-24T06:26:00.001-07:002019-04-24T06:26:13.125-07:00Lifestyle Brand FLATS Chicago Reopens Abandoned Synagogue As Micro Apartments<div><img src="https://thumbor.forbes.com/thumbor/600x315/https%3A%2F%2Fblogs-images.forbes.com%2Fjuliabrenner%2Ffiles%2F2019%2F03%2FThe-Synagogue-Exterior-00-1200x800.jpg" title="Lifestyle Brand FLATS Chicago Reopens Abandoned Synagogue As Micro Apartments" /><br />
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<p class="wp-caption-text">Exterior of The Synagogue in Chicago's Uptown neighborhood.</p>
<small>FLATS Cedar Street</small></div>
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<p>Recently opened in Chicago's Uptown neighborhood, <a href="https://portal.www.flatslife.com/property/Synagogue" target="_blank" rel="nofollow noopener noreferrer">The Synagogue</a> (<span>5029 N. Kenmore Ave.)</span> marks one of the latest adaptive reuse projects from Chicago-based <a href="https://portal.www.flatslife.com/property" target="_blank" rel="nofollow noopener noreferrer">FLATS®</a><span>, a <a href="http://cedarst.com/" target="_blank" rel="nofollow noopener noreferrer">Cedar Street Company</a>. The award-winning FLATS Chicago first made a name for itself as a leader in developing stylish micro units.* </span><span><span>Over the past ten years, FLATS has evolved into what founding partner Alex Samoylovich refers to as "a lifestyle brand focused on finding new uses in historic preservation." </span></span></p>
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<p class="wp-caption-text">Historic details of The Synagogue exterior</p>
<small>FLATS Chicago</small></div>
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<p><span>Samoylovich states that FLATS has "found a niche in adaptive reuse, taking obsolete structures and adapting them into our brand." In regard to The Synagogue project, the FLATS team was initially approached by a Chicago-based rabbi looking to preserve the century-old abandoned structure; the FLATS team also saw a means for reenergizing what had become a challenging economic pocket of the Uptown neighborhood. The adaptive reuse component of the project involved a $5 million gut renovation of the structure, which had been vacant for over ten years, into a 40-unit residential building. When asked why FLATS opts to renovate rather than demolish and build new, Samoylovich notes that "c</span><span>reating a space that can integrate into the community" is important to the overall vision of each FLATS build, adding that "a</span><span>daptive reuse has become a buzz word in the last five years but less people are actually doing it because it’s more challenging than new construction...each FLATS site has a 24-36 month turnaround time, concept to completion." </span></p>
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<p class="wp-caption-text">Interior of a unit in The Synagogue</p>
<small>FLATS Cedar Street</small></div>
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<p>Because The Synagogue project involved renovating a former religious site, Samoylovich says that the team "took special care to f<span>ollow proper Jewish law when converting the building into a residential structure," while he personally donated </span><span>salvaged relics from the site to area synagogues in the name of his father and business partner, Jay<span> Michael, who passed away in 2016. The team also donated space for the creation of the Chabad of Uptown (1101 W. Lawrence Avenue, Chicago), a community site for educational and social events. </span></span></p>
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<p class="wp-caption-text">Furnished model unit in The Synagogue.</p>
<small>FLATS Cedar Street</small></div>
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<p><span>The units in The Synagogue range from studios to one bedrooms, and Samoylovich emphasizes that FLATS buildings all feature a range of "flex community areas" (e.g., cafes, communal read/work spaces, gyms) designed for "</span><span>people who are active...people who live beyond their four walls.” As part of a larger community development long game, FLATS has developed <a href="http://flatsstudio.flatslife.com/chicago-gallery-events/" target="_blank" rel="nofollow noopener noreferrer">FLATS Studio</a>, <span>"a program with the core goal of using the arts to develop, enhance and engage community in the neighborhoods where FLATS residents live." The Studio hosts art exhibits and live events for both FLATS and non-FLATS residents (events are often held in vacant buildings before the start of construction).</span></span></p>
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<p class="wp-caption-text">Example of FLATS community area at The Lawrence House building.</p>
<small>FLATS Cedar Street</small></div>
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<p><span><span>FLATS has also</span> developed a b</span><span>usiness accelerator program to “activate vacated small store fronts in FLATS communities." In partnership with </span><span>American Express, the Booth School of Business, Kellogg School of Business, and the City of Chicago, FLATS Cedart Street was able to offer <span>a year of free rent and $20,000 to Michael Stejskal for his start-up brick-and-mortar, <a href="http://www.thepublicbarber.com/" target="_blank" rel="nofollow noopener noreferrer">The Public Barber</a> (1319 W. Wilson Avenue, Chicago). With a national brand strategy on the horizon and sites in the works in Cleveland, Detroit and San Diego markets, Samoylovich views FLATS as a lifestyle brand that is "not luxury and not 'affordable'" but "approachable... shrinking unit size and c</span></span><span>onverging live, work, and play."</span></p>
<p><span><span>*Micro units are defined by the Urban Land Institute as a dwelling that is 350 square feet or smaller. </span></span></p>
<p> </p>
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<a href="https://www.forbes.com/sites/juliabrenner/2019/04/24/lifestyle-brand-flats-chicago-reopens-abandoned-synagogue-as-micro-apartments/">Lifestyle Brand FLATS Chicago Reopens Abandoned Synagogue As Micro Apartments</a> curated from <a href="http://www.forbes.com/real-estate/">Forbes - Real Estate</a>
Maureenhttp://www.blogger.com/profile/03992371858002223992noreply@blogger.com0tag:blogger.com,1999:blog-2572585416958711220.post-3966724577200907102019-04-24T06:11:00.001-07:002019-04-24T06:11:20.661-07:00Four Top Real Estate Business Trends (And Why You Should Ignore Them)<div><img src="https://thumbor.forbes.com/thumbor/600x315/https%3A%2F%2Fblogs-images.forbes.com%2Fforbesrealestatecouncil%2Ffiles%2F2019%2F04%2Fcanva-photo-editor-500x500.png" title="Council Post: Four Top Real Estate Business Trends (And Why You Should Ignore Them)" /><br />
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<p>Real estate brokerages are constantly evolving to better meet the needs of their clients and to differentiate themselves from the competition. Some are even changing their entire business model, offering homebuyers and sellers alternative ways to conduct transactions in hopes of becoming disruptive forces in the industry.</p>
<p>But when it comes to buying and selling a home — typically the largest financial transaction of most people’s lives — clients are often better served by working with a brokerage that retains tried-and-true business practices. This isn’t the time to be risky. It’s just as important to know when to be smart and strategic.</p>
<p>Here are four top examples of current industry trends and how resisting these can actually improve a brokerage’s reputation and help cultivate a better relationship with buyers and sellers:</p>
<p><strong>1. Consolidation</strong></p>
<p>A number of national brokerage firms are actively seeking to increase market share through both consolidation (buying the competition) and the recruitment of successful agents in their market area. But is that the best way to grow market share, especially when agents lured that way may end up doing fewer transactions?</p>
<p>Culture and environment matter much more than many agents realize. Time and time again, I’ve observed agents’ sales productivity decline when they move to a brokerage that’s focused more on market share than cultivating agents. A culture shift that makes agents feel less supported can affect how they do business. A brokerage that wants to keep top agents must focus on organic growth and give agents a reason to stay. It’s not just about the money for talent; it’s about culture and giving agents more than just a desk. Training and onboarding the talent quickly enables a company to succeed and grow. An independent local brokerage treats agents like more than a number. When agents see their company is investing in their professional development, this creates a corporate culture where they feel valued, are better equipped to succeed and want to stay.</p>
<p>Of course, consolidation can be a great tool if the focus is on acquiring the right partner: A company that shares the same culture and values that will allow both firms to benefit through shared tools, coaching, support and systems. These are the things that make a great real estate company better.</p>
<p><strong>2. Direct Homebuying</strong></p>
<p>An increasing number of brokerages and investors are getting into the business of direct homebuying, or purchasing houses directly from sellers at a discount and then reselling at a profit. Various companies exist that enable people to buy and sell properties direct without an agent and are expanding into additional markets, while national powerhouses have also <a href="https://www.businessinsider.com/zillow-opendoor-buy-house-sell-house-quick-2018-12" target="_blank" rel="nofollow noopener noreferrer">jumped on the bandwagon</a>.</p>
<p>Many independent local brokerages, however, have made a conscious decision not to engage in direct homebuying. Why? The market is strong, so it’s not necessary to resort to direct homebuying. In addition, I believe direct homebuying is fundamentally bad for sellers since homeowners typically end up with a lower sale price than they would get on the open market. As agents, we have a fiduciary responsibility to buyers and sellers. Even if a homeowner is under duress and needs to sell quickly, they are far better off letting their agent create an aggressive pricing strategy that generates multiple offers in a short period of time, which is ultimately better for the consumer’s bottom line.</p>
<p><strong>3. Virtual Closings</strong></p>
<p>Closing on a home virtually is <a href="https://www.forbes.com/sites/alyyale/2018/07/23/digital-home-closings-now-possible-in-15-new-states/#18fc97402ac8" target="_self">gaining popularity</a>, with supporters citing convenience as the main reason. But for buyers, a closing is almost ceremonial, with buyers, sellers, brokers, attorneys, the lender and title company all at the closing table, each having played a unique role in the transaction. There’s that special moment when the deed is pushed across the table and the keys given to the buyer. Virtual closings for refinances are one thing, because no one is moving and it’s more convenient for the client. But for purchases, they essentially deprive the buyer of a special occasion.</p>
<p>Agents should walk clients through the process of what happens at a closing, why being present matters and why the experience gained simply can’t be replicated virtually.</p>
<p><strong>4. Alternative Commission Models</strong></p>
<p>Sellers are no longer limited to working with full-service brokerages. There are many new business models available, from sliding scales to discounted flat fees. But are alternative commission models really in the best interest of a client?</p>
<p>A 2017 National Association of Realtors <a href="http://economistsoutlook.blogs.realtor.org/2018/07/09/selling-your-home-solo-to-save-money-youll-actually-make-less-than-you-think-2/" target="_blank" rel="nofollow noopener noreferrer">report</a> found that sellers using discount brokers or choosing to sell on their own received a lower sales price — by as much as $90,000 — than those who used a full-service brokerage. Most people aren’t familiar with the sales process or the local market and have limited access to qualified buyers interested in purchasing.</p>
<p>A full-service brokerage spends a tremendous amount of time honing the professional skills of its agents, so they will use those skills to devise a pricing strategy to get the seller the most value. Some sellers may indeed be capable of negotiating on their own behalf, but really it’s the great agents — the ones who can negotiate their <em>own</em> fees — who advocate aggressively for the seller and get the seller the best deal at the end of the day.</p>
<p>Bucking these top four real estate industry trends is ultimately good for business — because it’s good for buyers and sellers.</p>
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<a href="https://www.forbes.com/sites/forbesrealestatecouncil/2019/04/24/four-top-real-estate-business-trends-and-why-you-should-ignore-them/">Four Top Real Estate Business Trends (And Why You Should Ignore Them)</a> curated from <a href="http://www.forbes.com/real-estate/">Forbes - Real Estate</a>
Maureenhttp://www.blogger.com/profile/03992371858002223992noreply@blogger.com0tag:blogger.com,1999:blog-2572585416958711220.post-16089097736905865552019-04-24T06:02:00.001-07:002019-04-24T06:02:15.691-07:00Study: 8M Middle Income Seniors Will Struggle To Afford HousingMaureenhttp://www.blogger.com/profile/03992371858002223992noreply@blogger.com0tag:blogger.com,1999:blog-2572585416958711220.post-68962417662882714522019-04-24T05:41:00.001-07:002019-04-24T05:41:44.689-07:00Where Are The Deals? Buyer's Markets Are Taking Hold In These Cities First<div><img src="https://thumbor.forbes.com/thumbor/600x315/https%3A%2F%2Fspecials-images.forbesimg.com%2Fdam%2Fimageserve%2F1138710388%2F960x0.jpg%3Ffit%3Dscale" title="Where Are The Deals? Buyer's Markets Are Taking Hold In These Cities First" /><br />
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<p class="wp-caption-text">Phoenix, Ariz. is looking more and more like a buyer's market. </p>
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<p>All signs are pointing towards a shift away from the tight sellers' market we have been in for years towards one that gives buyers a little more negotiating power. Price growth <a href="https://www.forbes.com/sites/alyyale/2019/03/19/homebuyers-can-take-their-time-this-spring-as-home-price-growth-continues-to-stall/#68b22b116bf3" target="_self">has started to stall</a>, inventory is <a href="https://therealdeal.com/miami/2019/03/20/us-home-sales-drop-as-inventory-grows-in-february-report/" target="_blank" rel="nofollow noopener noreferrer">on the increase</a> and if you look at data from a variety of real estate tech firms, their data start to reflect similar trends. <a href="https://www.redfin.com/blog/2019-march-bidding-wars/" target="_blank" rel="nofollow noopener noreferrer">Redfin agents saw a large decrease in bidding wars</a> for their clients, going from 61 percent in March of 2018 to only 16 percent for March of 2019; the ShowingIndex by the home showing booking firm ShowingTime <a href="https://www.showingtime.com/blog/february-2019-showing-index-results/" target="_blank" rel="nofollow noopener noreferrer">indicates a slowdown</a>; and according to Zillow, March 2019 was the <a href="https://www.zillow.com/research/march-2019-market-report-inventory-23956/" target="_blank" rel="nofollow noopener noreferrer">7th straight month of inventory gains</a> which hasn't happened since 2014. The biggest question on everyone's mind is where the markets are slowing down the most so the good deals begin to surface before any of the other cities. There are two places to look first to get a sense of where the markets are heading.</p>
<p>The home trading platform <a href="https://www.knock.com/blog/q2-2019-national-knock-deals-forecast-predicts-phoenix-houston-and-orlando-among-top-10-u-s-markets-for-deals-on-home-prices/" target="_blank" rel="nofollow noopener noreferrer">Knock has released a list of cities</a> they predict will have the highest number of current on-market listings sell below their asking price, along with the percentage of homes in that market they predict will sell under asking.</p>
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<li><span>Miami, FL: 89.65%</span></li>
<li><span>Houston, TX: 82.74% </span></li>
<li><span>New Orleans, LA: 82.64%</span></li>
<li><span>Tampa, FL: 82.24%</span></li>
<li><span>Jacksonville, FL: 81.96%</span></li>
<li><span>Chicago, IL: 81.50%</span></li>
<li><span>Phoenix, AZ: 80.33%</span></li>
<li><span>Hartford, CT: 79.99%</span></li>
<li><span>Orlando, FL: 79.57%</span></li>
<li><span>St. Louis, MO: 78.40%</span></li>
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<p>According to their report, they used machine learning to process 200 features across the top U.S. metropolitan areas to come up with these predictions. As with many real estate analyses there are always two tiers to the market that drive the data—the high-end and mid-price ranges. The fact that luxury-heavy Miami tops the list as having the largest percentage of homes that will sell under asking could be a reflection simply of the softening upper in the mid-level luxury range. The very upper echelon of the Miami market <a href="https://www.housingwire.com/articles/48855-prices-for-mega-mansions-in-miami-beach-area-surge-61?utm_content=bufferc74d6&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer" target="_blank" rel="nofollow noopener noreferrer">happened to have a strong first quarter already</a>, with nine "mega-estate" sales finding buyers and homes in the upper ten percent price bracket seeing a median sales price of $10.1 million (largely due to the favorable tax rates).</p>
<p>The data released by Redfin on bidding wars also points toward where the best markets will be to find a deal. Here is the table from <a href="https://www.redfin.com/blog/2019-march-bidding-wars/" target="_blank" rel="nofollow noopener noreferrer">their report</a> showing where bidding wars have decreased the most around the country.</p>
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<p class="wp-caption-text">Bidding wars are down in most major markets. Click to expand.</p>
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<p>Keep in mind these numbers come from their own client activity only and with Redfin's varying market share in different cities around the country they are best taken as macro level trends comparing one year to the next. Yet it still shows many of those tech-strong markets which have been going gangbusters for so long are finally starting to see a slowdown. I doubt it can be called a course correction, those markets will have tech money pumping in to them for decades to come, so they will bounce back before too long. But for now, even though they are still some of the higher priced markets in the country, they could become good places to buy property as an investment that will pay off when the next influx of cash comes rushing in.</p>
<p>Me? I'm putting my money on Phoenix.</p>
<p><em>Follow <a href="https://twitter.com/amydobsonRE" target="_blank" rel="nofollow noopener noreferrer">@amydobsonRE</a></em></p>
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<a href="https://www.forbes.com/sites/amydobson/2019/04/24/where-are-the-deals-buyers-markets-are-taking-hold-here-first/">Where Are The Deals? Buyer's Markets Are Taking Hold In These Cities First</a> curated from <a href="http://www.forbes.com/real-estate/">Forbes - Real Estate</a>
Maureenhttp://www.blogger.com/profile/03992371858002223992noreply@blogger.com0tag:blogger.com,1999:blog-2572585416958711220.post-57932520182025921222019-04-24T05:07:00.001-07:002019-04-24T05:07:00.229-07:00Pros Share What To Splurge (And Skimp) On In Your Kitchen Build Or Remodel<div><img src="https://thumbor.forbes.com/thumbor/600x315/https%3A%2F%2Fblogs-images.forbes.com%2Fjamiegold%2Ffiles%2F2019%2F04%2FNew-Laminate-2-Pedini-1200x756.jpg" title="Pros Share What To Splurge (And Skimp) On In Your Kitchen Build Or Remodel" /><br />
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<p>Your kitchen is one of the busiest rooms in your house, and often a key determinant of its resale value. When building or remodeling, what you put into it matters. Over-invest and you’ll lose the excess investment and may not use all of the fancy features you installed. Under-invest and your space will fall short of competitive properties and may not meet your performance expectations.</p>
<p>Regret is a somewhat regular feature of remodels, according to the <a href="http://www.kitchentrends.org/" target="_blank" rel="nofollow noopener noreferrer">Research Institute for Cooking & Kitchen Intelligence</a> and its executive director, Brenda Bryan. Knowing in advance what to splurge (and skimp) on could be instructive for your home, or your clients’ homes if you’re in the construction or real estate fields.</p>
<p>“The kitchen items clients splurge on most in a remodel, from a list of 14 tested, are countertops, cabinetry, refrigerators, cooking appliances, and flooring, according to professional kitchen designers,” Bryan notes. Of these, countertops are the most frequent splurge item, with 72 percent of homeowners investing heavily there, according to the industry pros RICKI surveyed. Kitchen cabinetry came in second, with 63 percent of clients splurging on those. Refrigerators topped ovens, with 44 versus 27 percent splurging on those, and also beat out vent hoods (25 percent) and dishwashers (with a paltry nine percent).</p>
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<p class="wp-caption-text">Cabinets are a top splurge for kitchen remodels.</p>
<small>Pedini/New Kitchen Ideas That Work (Taunton)</small></div>
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<p>What is losing out in those splurges, since most homeowners don’t have unlimited budgets? Bryan says the most frequently-cited trade-offs are lighting at 40 percent and functional hardware at 37 percent. These are often specified later in a remodeling project, which could account for their disproportionate budget hits; the big ticket items were chosen first and soaked up the most money. Additionally, the same materials chosen for leading splurge countertops – especially engineered stone, the most popular for kitchens today – are often also chosen for full height backsplashes, increasing their cost beyond what clients might have anticipated.</p>
<p>RICKI asked designers how often their clients regretting not spending more on some aspect of their project. The response was a hefty two third of clients (66 percent). These were the items they most regretted skimping on: Kitchen cabinetry led the survey with 62 percent regretting not spending more. Skimping on cabinets today could mean giving up some of the inside organizational features popular with many buyers. It could also mean for opting for less costly choices – perhaps plastic or metal instead of walnut – that will contrast more with their other premium choices when installed. Fortunately, many of the features that were once limited to custom and semi-custom cabinet lines in the past are now more widely available and affordable. These include soft close doors and full extension soft close drawers.</p>
<p>Countertops came in second on the survey with 36 percent regretting not spending more. This could mean a less expensive edge or color group. Neither will impact performance (and might not matter to a future buyer).</p>
<p>The choice of skimping on lighting can impact performance, however, and showed up with 29 percent of clients regretting under-investing on this underrated essential. They might have given up under-cabinet task lighting that makes meal prep easier (and safer). Or they might have shorted the amount of ambient ceiling lighting they’d really need for their kitchen, making it feel darker and smaller. That, essentially, makes all of their other splurges less worthwhile.</p>
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<p class="wp-caption-text">Lighting can make a small space feel larger, but is often skimped on in remodels.</p>
<small>Bruck Lighting/New Kitchen Ideas That Work (Taunton)</small></div>
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<a href="https://www.forbes.com/sites/jamiegold/2019/04/24/pros-share-what-to-splurge-and-skimp-on-in-your-kitchen-build-or-remodel/">Pros Share What To Splurge (And Skimp) On In Your Kitchen Build Or Remodel</a> curated from <a href="http://www.forbes.com/real-estate/">Forbes - Real Estate</a>
Maureenhttp://www.blogger.com/profile/03992371858002223992noreply@blogger.com0tag:blogger.com,1999:blog-2572585416958711220.post-7668386302154164992019-04-24T04:51:00.001-07:002019-04-24T04:51:31.212-07:00Will Nashville's Runaway Growth Kill Music Row?<div><img src="https://thumbor.forbes.com/thumbor/600x315/https%3A%2F%2Fspecials-images.forbesimg.com%2Fdam%2Fimageserve%2F1063904902%2F960x0.jpg%3Ffit%3Dscale" title="Will Nashville's Runaway Growth Kill Music Row?" /><br />
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<p class="wp-caption-text">Historic RCA Victor Recording Studios on Music Row in Nashville. Elvis Presley, Dolly Parton and many others recorded here at one time.</p>
<small>Getty</small></div>
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<p>You don’t have to be a statistician to know that Nashville, Tennessee is booming. Cranes dominate the skyline and, every day, about 100 people move to the region. Visitors to the city have swelled from 2 million a year in 1998 to 15.2 million visitors in 2018. Not long ago, the city’s Department of Public Works commissioned a study to measure the foot traffic along Lower Broadway and on First Avenue on a typical Thursday and Saturday. Planners were shocked to discover that the number of pedestrians using those streets was comparable to foot traffic in Times Square.</p>
<p>If those statistics don’t paint a crowded enough picture, just try to negotiate traffic on I-40 at rush hour.</p>
<p>The supreme irony of Nashville’s mushrooming growth is that it endangers the historic center of the city’s music industry. “Music Row,” a one square mile neighborhood housing countless music writing, publishing, production and recording enterprises, plus their attendant businesses, is next to downtown, where there is no more space for glassy towers. Thus, developers eye the small buildings between 16<sup>th</sup>and 19<sup>th</sup>streets.</p>
<p>“It’s called ‘Music City’ for a reason,” says Pam Lewis, President and CEO of <a href="https://www.plamedia.com" target="_blank" rel="nofollow noopener noreferrer">PLA Media</a>, a public relations, marketing and music tourism company located on 16<sup>th</sup>Street, in the heart of Music Row.</p>
<p>“According to a 2013 economic impact study done by the mayor's office, the Nashville music industry employed almost 60,000 people and produced $3.2 billion in job income annually,” she says.<span> </span></p>
<p>“The density of the Nashville music industry is 20 to 30 times greater than that in the two other primary music centers, Los Angeles and New York. There are 800 annual festivals featuring music throughout Tennessee. Simply put, we are the only industry which brands the state internationally.”<span> </span></p>
<p>Nashville became Music City early: in 1819 it housed the country’s first music publishing company. Fame accrued when the <a href="http://fiskjubileesingers.org" target="_blank" rel="nofollow noopener noreferrer">Fisk Jubilee Singers</a> wowed international audiences, including Queen Victoria. In 1925, a country music juggernaught was launched by Nashville radio station <a href="https://wsmonline.com" target="_blank" rel="nofollow noopener noreferrer">WSM-AM</a> when it broadcast <a href="https://www.opry.com" target="_blank" rel="nofollow noopener noreferrer">The Grand Ole Opry</a>. Today, the Opry is America’s longest-running radio show. Music is Nashville’s rhythmically beating heart, and Music Row is the neighborhood where it is at home.</p>
<p>“This is a social sport,” says songwriter and producer <a href="https://songbirdtours.com/songwriters/trey-bruce/" target="_blank" rel="nofollow noopener noreferrer">Trey Bruce</a>. “We all walk to each other’s offices and work together. Much as the industry changes, we still have to create music together.”</p>
<p>The result, he says, is “An accidental cultural district.”</p>
<p>“It started to be developed in the late 19<sup>th</sup>century, and after World War II, attracted music people with its cheap office space,” explains Carolyn Brackett, a Senior Field Officer with the <a href="https://savingplaces.org" target="_blank" rel="nofollow noopener noreferrer">National Trust for Historic Preservation</a>. For four years, she has worked with local individuals and organizations to try to save Music Row’s buildings from the bulldozer.</p>
<p>“Bungalows were repurposed and new buildings erected for the music business,” Brackett says. “But it was still a neighborhood, or a campus. It is what a lot of cities want to have. But, in five years, we have lost 45 buildings in Music Row.”</p>
<p>One of the challenges to Music Row is that it does not fit historic district definitions; the eclectic neighborhood encompasses many types and styles of buildings.</p>
<p>“The National Trust has placed Music Row on its list of ‘National Treasures,’ which identifies endangered significant historic places,” Brackett says. “Three-fourths of Music Row has no protection of any kind. We need new tools that are incentive-based so that Nashville can continue to have this incubator of affordable space.”</p>
<p>“New music publishing companies are coming to Nashville every day,” Trey Bruce says. “We need a preservation plan and a new designation, a ‘Cultural Business District.’”</p>
<p><a href="https://en.wikipedia.org/wiki/RCA_Studio_A" target="_blank" rel="nofollow noopener noreferrer">RCA Studio A</a> is one of Music Row’s rare success stories. The legendary recording studio was slated for demolition in 2014, when a group of citizens bought it. It continues to function as a recording studio today.</p>
<p>“Twelve of the songs up for Grammys this year were recorded there,” Brackett says.</p>
<p>“Music is an emotional experience,” says Bruce. “If you have goosebumps because you’re recording where Dolly Parton made records, you’re going to sing differently.”</p>
<p>Pam Lewis points to Bill Miller of <a href="https://www.iconentgrp.com" target="_blank" rel="nofollow noopener noreferrer">Icon Entertainment</a> for another example of how historic preservation helps Nashville.</p>
<p>“He rehabbed historic buildings downtown on 3rd, Printer's Alley and Broadway for his numerous attractions, which include <a href="https://www.nudieshonkytonk.com" target="_blank" rel="nofollow noopener noreferrer">Nudie's</a>, <a href="https://www.skullsrainbowroom.com" target="_blank" rel="nofollow noopener noreferrer">Skull's,</a> the <a href="https://www.patsymuseum.com" target="_blank" rel="nofollow noopener noreferrer">Patsy Cline Museum</a>, the <a href="https://www.johnnycashmuseum.com" target="_blank" rel="nofollow noopener noreferrer">Johnny Cash Museum</a> and <a href="https://www.hocnashville.com" target="_blank" rel="nofollow noopener noreferrer">House of Cards</a>. This is compelling proof that commerce can prevail,” she says. “You can make money AND save historic resources.”</p>
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<a href="https://www.forbes.com/sites/reginacole/2019/04/24/will-nashvilles-runaway-growth-kill-music-row/">Will Nashville's Runaway Growth Kill Music Row?</a> curated from <a href="http://www.forbes.com/real-estate/">Forbes - Real Estate</a>
Maureenhttp://www.blogger.com/profile/03992371858002223992noreply@blogger.com0tag:blogger.com,1999:blog-2572585416958711220.post-50605066644640497912019-04-24T03:01:00.001-07:002019-04-29T12:54:03.002-07:003 ways to unleash your inner confidence<div>
<img height="175" src="https://webassets.inman.com/wp-content/uploads/2019/04/unleash-1984x880.jpg" title="3 Ways To Unleash Your Inner Confidence" width="400" /><br />
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Confidence in business, and basically any interaction in life, is absolutely essential and a key component in building any successful relationship. Just like other skills, it takes learning, practice and execution to effectively use that confidence on a daily basis. Here’s how to get started.</div>
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<a href="https://www.inman.com/2019/04/24/3-ways-to-unleash-your-inner-confidence/">3 ways to unleash your inner confidence</a> curated from <a href="https://www.inman.com/">Inman</a>
Maureenhttp://www.blogger.com/profile/03992371858002223992noreply@blogger.com0tag:blogger.com,1999:blog-2572585416958711220.post-24651850091955593042019-04-24T02:14:00.001-07:002019-04-29T12:54:24.674-07:00How to tighten your belt and cut unneeded expenses<div>
<img height="283" src="https://webassets.inman.com/wp-content/uploads/2019/04/saveMoney-1984x880.jpg" title="How To Tighten Your Belt And Cut Unneeded Expenses" width="640" /><br />
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The practice of real estate is expensive right out of the gate, so why waste even more money on fancy tech toys you don’t need or don’t have time to learn about? Here’s how to stop being wasteful and start taking advantage of the free tools you didn’t know you had.</div>
Article image credited to Emily Campbell, Sharon McCutcheon</div>
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<a href="https://www.inman.com/2019/04/24/how-to-tighten-your-belt-and-cut-unneeded-expenses/">How to tighten your belt and cut unneeded expenses</a> curated from <a href="https://www.inman.com/">Inman</a>
Maureenhttp://www.blogger.com/profile/03992371858002223992noreply@blogger.com0tag:blogger.com,1999:blog-2572585416958711220.post-33755235421980892082019-04-24T02:06:00.001-07:002019-04-29T12:55:06.505-07:00Over sending birthday cards? Try these 7 unforgettable ways to connect with past clients<div>
<img height="141" src="https://webassets.inman.com/wp-content/uploads/2019/04/memorableActivities-1984x880.jpg" title="Over Sending Birthday Cards? Try These 7 Unforgettable Ways To Connect With Past Clients" width="320" /><br />
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Everyone has received a generic birthday card from the dentist or insurance agent. It’s nice to be recognized, but it doesn’t make a lasting impact. Here are three business-building activities that are memorable, personal and keep the agent at the top of the client’s mind.</div>
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<a href="https://www.inman.com/2019/04/24/over-the-birthday-cards-try-these-7-unforgettable-ways-to-connect-with-past-clients/">Over sending birthday cards? Try these 7 unforgettable ways to connect with past clients</a> curated from <a href="https://www.inman.com/">Inman</a>
Maureenhttp://www.blogger.com/profile/03992371858002223992noreply@blogger.com0tag:blogger.com,1999:blog-2572585416958711220.post-23909731548393659692019-04-24T01:44:00.001-07:002019-04-29T12:55:15.556-07:004 tips for locking up after an open house<div>
<img height="177" src="https://webassets.inman.com/wp-content/uploads/2019/04/lockUp-1984x880.jpg" title="4 Tips For Locking Up After An Open House" width="400" /><br />
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The basics of securing a home after an open house might seem obvious enough: After you’re sure the last buyer has walked out the front door, lock it! But so often we become complacent, and we can’t afford to. Here are a few helpful steps you can take to ensure a property is fully secure before leaving.</div>
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<a href="https://www.inman.com/2019/04/24/4-tips-for-locking-up-after-an-open-house/">4 tips for locking up after an open house</a> curated from <a href="https://www.inman.com/">Inman</a>
Maureenhttp://www.blogger.com/profile/03992371858002223992noreply@blogger.com0tag:blogger.com,1999:blog-2572585416958711220.post-51596245568735305022019-04-24T00:36:00.001-07:002019-04-29T12:55:38.164-07:0050+ content marketing ideas that’ll reel in buyers<div>
<img height="176" src="https://webassets.inman.com/wp-content/uploads/2019/04/keyboard-1984x880.jpg" title="50+ Content Marketing Ideas That'll Reel In Buyers" width="400" /><br />
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We spend all day answering questions from clients. Turn those queries into your next blog post, YouTube video or Facebook Live segment. Here are more than 50 ideas for content related to buyers to help them get off the sidelines and become homeowners.</div>
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<a href="https://www.inman.com/2019/04/24/50-content-marketing-ideas-thatll-reel-in-buyers/">50+ content marketing ideas that’ll reel in buyers</a> curated from <a href="https://www.inman.com/">Inman</a>
Maureenhttp://www.blogger.com/profile/03992371858002223992noreply@blogger.com0tag:blogger.com,1999:blog-2572585416958711220.post-17856889802321779082019-04-23T15:16:00.001-07:002019-04-23T15:16:41.034-07:00Famous Colorado Lodge Built by the Fourth Earl of Dunraven Available for $895KMaureenhttp://www.blogger.com/profile/03992371858002223992noreply@blogger.com0tag:blogger.com,1999:blog-2572585416958711220.post-18945959383208519712019-04-23T13:46:00.001-07:002019-04-23T13:46:51.792-07:00All-Star Edgar Renteria Takes Another Swing at Selling Miami Beach HomeMaureenhttp://www.blogger.com/profile/03992371858002223992noreply@blogger.com0tag:blogger.com,1999:blog-2572585416958711220.post-49452498717795929552019-04-23T13:41:00.001-07:002019-04-23T13:41:37.592-07:00How Smoking Bans Are Affecting NYC Apartment Sales<div><img src="https://thumbor.forbes.com/thumbor/600x315/https%3A%2F%2Fspecials-images.forbesimg.com%2Fdam%2Fimageserve%2F1133054492%2F960x0.jpg%3Ffit%3Dscale" title="How Smoking Bans Are Affecting NYC Apartment Sales" /><br />
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<p class="wp-caption-text">Since New York City required residential buildings to set smoking policies, real estate agents and landlords say they have seen no impact on sales.</p>
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<p>Since last summer, all New York City multi-family properties have been required by city law to create smoking policies for their buildings, leaving landlords, co-op boards and property managers debating whether preventing residents from lighting up -- even in their own apartments -- will help or hurt sales in an uncertain market.</p>
<p>Agents say that buildings that have enacted smoking-free policies, which can be enforced once they're placed in a building's proprietary lease and bylaws, have seen either a favorable bump in interest or no change, as New Yorkers have adjusted to restrictions in lighting up since the Bloomberg administration banned smoking from bars in 2003.</p>
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<p class="wp-caption-text">The view from The Rio Condominium and Spa at 304 East 65th St., which is smoke free.</p>
<small>Warburg Realty</small></div>
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<p>Becki Danchik of Warburg Realty has represented listings at The Rio Condominium and Spa at 304 East 65th St., which is smoke free, and says interest is high despite the ban.</p>
<p>"It's quite amazing how many people follow this property for sales and rental vacancies," Danchik says. "There is no shortage of interested buyers and long term residents here."</p>
<p>Prospective buyers or renters can also search for buildings with smoking bans through the website <a href="https://streeteasy.com" target="_blank" rel="nofollow noopener noreferrer">Streeteasy</a>, which is owned by Zillow.</p>
<p>As smoking is on the decline -- cigarette smoking among U.S. adults declined from 20.9% in 2005 to 15.5% in 2016 -- smoking bans are less of an issue, says agent Mary Hall Mayer, also of Warburg Realty.</p>
<p>"Most people have either quit, have quit and are vaping -- these policies don’t address vaping -- or they never smoked to begin with," Mayer says. "In fact, whereas five years ago, a purchaser might ask if a no smoking policy existed, but today they don’t even ask. Perhaps that’s because with the demise of smoking overall, hallways rarely have the scent of it, and so it’s a question less frequently asked than in years past.</p>
<p>Mayer says her own co-op discussed the issue for several years -- debating whether or not such a policy could be imposed by someone in the privacy of their own home and whether it would impact sales -- before putting it to a shareholder vote.</p>
<p>"Questions aside, we passed a no smoking policy this past year," Mayer says.</p>
<p>Jon Robbins, the owner of SMA Equities, a New York-based real estate firm that invests as a principal in multi-family properties, said that while most people assume such a ban would reduce property values, he hasn't seen an impact.</p>
<p>"Across all the properties we manage, we have never once had a prospective tenant request or inquire about the policies," Robbins says. "Perhaps this would be different in other parts of the country, but I think that New York has restricted the ability to smoke indoors for so many years that at this point it is not a real factor."</p>
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<a href="https://www.forbes.com/sites/lisachamoff/2019/04/23/how-smoking-bans-are-affecting-nyc-apartment-sales/">How Smoking Bans Are Affecting NYC Apartment Sales</a> curated from <a href="http://www.forbes.com/real-estate/">Forbes - Real Estate</a>
Maureenhttp://www.blogger.com/profile/03992371858002223992noreply@blogger.com0tag:blogger.com,1999:blog-2572585416958711220.post-1631786684387743672019-04-23T12:56:00.001-07:002019-04-23T12:56:34.910-07:00MoveEasy to launch ‘Concierge for Life’ Amazon Alexa skill in May<div><img src="https://webassets.inman.com/wp-content/uploads/2018/03/Untitled-design-12-1984x880.png" title="MoveEasy To Launch 'Concierge For Life' Amazon Alexa Skill In May" /><br />
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<p>Post-transaction service company <a href="https://www.moveeasy.com/">MoveEasy</a> on Tuesday announced the upcoming launch of “Concierge for Life,” an Amazon Alexa skill that enables consumers using <a href="https://www.inman.com/2017/07/19/real-estate-agents-can-help-buyers-and-sellers-moveeasy/">MoveEasy’s platform</a> to receive on-demand assistance for scheduling home repair services, setting up utilities, moving company recommendations, and reminders for other tasks.</p>
<p>“MoveEasy’s entire platform is now powered by Amazon’s voice assistant, Alexa,” said MoveEasy co-founder Ven Ganapathy in a press release. “Any moving service or home services assistance that can be requested online or in a conversation with a concierge can be done with Alexa.”</p>
<p>“We’re taking MoveEasy to the next level by combining online technology with human assistance and automation, allowing brokerages to give every one of their clients a free ‘concierge for life,’” he added.</p>
<p>MoveEasy will rollout “Concierge for Life” in early May, starting with <a href="https://www.inman.com/2018/02/19/katie-lance-inks-social-media-training-deal-with-berkshire-hathaway-homeservices/">Berkshire Hathaway Home Services</a> Professional Realty, an Ohio-based brokerage with a team of 550 agents and brokers. By the end of May, the company says the skill will be available nationwide to the more than 30,000 brokers and agents using its platform.</p>
<p>To access the skill, consumers must connect their MoveEasy accounts with <a href="https://www.inman.com/2018/04/14/how-to-make-amazons-alexa-part-of-your-real-estate-marketing/">Amazon Alexa</a> through the Alexa mobile app. After downloading the Alexa app, users can search for MoveEasy on the Skills & Games menu. Lastly, consumers must click “Enable Skill” and complete the setup by entering their MoveEasy login information.</p>
<p>From there, all consumers need to say is “Alexa, launch MoveEasy Concierge” to access their brokerage’s services. For example, a buyer can ask, “Alexa, are there any refrigerator repair companies that my agent recommends?”</p>
<a href="https://www.inman.com/2019/04/22/future-proof-your-business-using-lead-management-strategies/"></a>
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<p>Future-proof your business using lead management strategies</p>
<p>Handle your growing lead database more effectively as homebuyers take more time to shop for real estate during this market shift <span>READ MORE</span></p>
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<p>Alexa will then respond with, “Your brokerage concierge has found one refrigerator repair company that your agent, Sally Brown, recommends. Would you like me to have them call you?” If the user says “yes,” one of MoveEasy’s human concierges will handle the request.</p>
<p>“Alexa helps keep the agent and brokerage top of mind, something research tells us agents struggle doing,” explained Ganapathy. “To compete in today’s market, MoveEasy empowers agents to tap into the way more and more consumers are communicating.”</p>
<p><em><a href="mailto:Marian@inman.com" target="_blank" rel="noopener">Email Marian McPherson</a></em></p>
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<p>Article image credited to Stock Catalog &#8220;Alexa Amazon&#8221; / www.quotecatalog.com / flickr (CC BY 2.0)</p>
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<a href="https://www.inman.com/2019/04/23/moveeasy-to-launch-concierge-for-life-amazon-alexa-skill-in-may/">MoveEasy to launch ‘Concierge for Life’ Amazon Alexa skill in May</a> curated from <a href="https://www.inman.com">Inman</a>
Maureenhttp://www.blogger.com/profile/03992371858002223992noreply@blogger.com0tag:blogger.com,1999:blog-2572585416958711220.post-57024704079212818292019-04-23T12:22:00.001-07:002019-04-23T12:22:18.730-07:00Real Estate Agents Answer: What Are The Biggest Money Mistakes Buyers Make?<div><img src="https://thumbor.forbes.com/thumbor/600x315/https%3A%2F%2Fspecials-images.forbesimg.com%2Fdam%2Fimageserve%2F1142764726%2F960x0.jpg%3Ffit%3Dscale" title="Real Estate Agents Answer: What Are The Biggest Money Mistakes Buyers Make?" /><br />
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<p>Buying a home is one of the biggest purchases you'll ever make, so there's no question that you should make an effort to spend your money wisely. That said, especially when you're unfamiliar with the process, it's easy to make mistakes that can have a big impact on your wallet. With that in mind, I asked agents to open up about the biggest money mistakes they've seen buyers make. Read them over so that you can avoid following in their footsteps.</p>
<p><strong>Forgetting to shop around for a lender:</strong></p>
<p>Buyers need to remember to shop around when it comes to obtaining a mortgage. You might meet a lender who, on paper, offers the most competitive rate, but don't forget to take into account other factors, as well. Some banks may have special programs for first time home buyers, or they may put money toward closing costs, or toward your downpayment. Your goal should be to find the loan that makes the most sense for you, overall.</p>
<p><em>- <a href="https://www.fionadogan.com/" target="_blank" rel="nofollow noopener noreferrer">Fiona Dogan</a>, Realtor, Julia B. Fee Sotheby’s International Realty in Westchester County, New York.</em></p>
<p><strong>Not working with a lender before shopping for a home:</strong></p>
<p>I see buyers failing to get their finances and credit score in order, work with a lender and get pre-approved, before they start their home search. Ideally, buyers should make sure they are vetted with a lender and ready to go prior to their home search. This ensures that when they see a home they absolutely love, they can move on it quickly. As an agent, there is nothing worse than seeing the hurt and disappointment in a buyer who has fallen in love with a home, but is not financially ready to make an offer.</p>
<p><em>-<a href="https://www.districtcityliving.com/" target="_blank" rel="nofollow noopener noreferrer">Tracey Williams Barnett</a>, Realtor, Keller Williams Capital Properties in Washington, DC</em></p>
<p><strong>Buying a home above your budget:</strong></p>
<p>"Don’t look for a home that's at the very top end of your monthly budget. You need to consider what you'll do if your income goes down or some other unexpected expenses suddenly come up. Also, when buying a home, you need to factor in added costs such as higher heating and cooling, property taxes, maintenance costs. You'll also want to leave room in the budget for other financial such as saving for things like retirement, college funds for your children, or vacations."</p>
<p><em>- Rahul Ramchandani, President & Owner of <a href="https://www.srrealestategroup.com/" target="_blank" rel="nofollow noopener noreferrer">SR Real Estate Group</a> at Sotheby’s Realty in Summit, NJ</em></p>
<p><strong>Skipping the home inspection:</strong></p>
<p>I see a lot of buyers who are penny wise and pound foolish. They think they can save a few hundred dollars by skipping inspections. While this may be true, skipping inspections can lead to them spending thousands of dollars in necessary repairs down the road."</p>
<p><em>- <a href="http://www.edlenteam.com/" target="_blank" rel="nofollow noopener noreferrer">Michael Edlin</a>, Realtor, Coldwell Banker in Los Angeles, CA </em></p>
<p><strong>Opening new lines of credit during underwriting:</strong></p>
<p>"One of the biggest financial mistakes a buyer can make is opening new lines of credit during underwriting, Whether they purchase a car or open new credit cards to purchase furniture are huge mistakes because the underwriter has to include the new debt with their debt-to-income ratio."</p>
<p>Unfortunately, people believe if they have an approval or conditional approval from their lender it’s ok to open the new lines of credit, but what they fail to realize is that the underwriter has to pull a new credit report on the day of closing to ensure they haven’t obtained any new debt. Of course, if they have, then the lender has to recalculate the new debt-to-income ratio and may not be able to issue a new approval."</p>
<p><em>- Jennifer Bell, Managing Broker of <a href="https://www.gramercysold.com/" target="_blank" rel="nofollow noopener noreferrer">Gramercy Group</a> in <span>Chicago, IL</span></em></p>
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<br />
<a href="https://www.forbes.com/sites/taramastroeni/2019/04/23/real-estate-agents-answer-what-are-the-biggest-money-mistakes-buyers-make/">Real Estate Agents Answer: What Are The Biggest Money Mistakes Buyers Make?</a> curated from <a href="http://www.forbes.com/real-estate/">Forbes - Real Estate</a>
Maureenhttp://www.blogger.com/profile/03992371858002223992noreply@blogger.com0tag:blogger.com,1999:blog-2572585416958711220.post-31921561173134120482019-04-23T12:17:00.001-07:002019-04-23T12:17:01.111-07:002019’s Housing Market Is Likely to Be Stronger Than We Thought—Here’s WhyMaureenhttp://www.blogger.com/profile/03992371858002223992noreply@blogger.com0tag:blogger.com,1999:blog-2572585416958711220.post-6080324634974378292019-04-23T11:46:00.001-07:002019-04-23T11:46:38.818-07:00How To Make Your Home Allergy Free And Eco-Friendly<div><img src="https://thumbor.forbes.com/thumbor/600x315/https%3A%2F%2Fblogs-images.forbes.com%2Famandalauren%2Ffiles%2F2019%2F04%2F04-Molekule_Bedroom.jpg" title="How To Make Your Home Allergy Free And Eco-Friendly" /><br />
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<p class="wp-caption-text">Make your home an allergy-free zone.</p>
<small>Molekule</small></div>
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<p>If it feels like it's the worst allergy season yet, it’s because it is. A recent <a href="https://www.sciencedirect.com/science/article/pii/S2542519619300154?via%3Dihub&for-guid=a3a12ea2-bd65-e711-b65f-90b11c343abd&utm_source=usatoday-Climate%20Point&utm_medium=email&utm_campaign=narrative&utm_term=article_body" target="_blank" rel="nofollow noopener noreferrer">study in the journal Lancet Planetary Health</a> found that both airborne pollen counts and pollen season duration have increased as temperatures have climbed over the past 20 years. While controlling the atmosphere is impossible, there are many efforts we can make to live in a home that is less triggering of allergies and easier on our respiratory systems.</p>
<p><span>According to <a href="http://www.allergyinsider.com/" target="_blank" rel="nofollow noopener noreferrer"><span>Dr. Lakiea Wright</span></a>, who is a board-certified allergist with Brigham and Women’s Hospital and Medical Director at Thermo Fisher Scientific, there are three big peaks in pollen production throughout the year. “Trees like oak, ash, birch, and maple see pollen spikes in the spring. Pollen from timothy grass, bluegrass, and orchard grass peaks over the summer, and ragweed pollen surges in the fall. Many people are sensitive to multiple types of pollen and if the seasons are getting longer, there will be less relief for allergy sufferers as these seasons begin to overlap.”</span></p>
<p><span>If you're feeling the symptoms of seasonal allergies, Dr. Wright suggests making an appointment with a healthcare provider to get an allergy test before doing anything else. “Every spring millions of people seek allergy relief through over-the-counter drugs without really knowing their diagnosis,” she says. “But we’ve seen firsthand how life-changing it can be when you finally know what’s causing those problems with breathing, itching, rashes, or congestion. Once you have that information, and you know that dust, pollen or something else is causing the problem, you can employ strategies to avoid it.”</span></p>
<p><strong>Buy An Air Purifier</strong></p>
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<p class="wp-caption-text">Molekule is a state of the art air purifier.</p>
<small>Molekule</small></div>
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<p><span><span>Buying a state-of-the-art air purifier like the <a href="https://molekule.com/" target="_blank" rel="nofollow noopener noreferrer"><span>Molekule</span></a> requires the least amount of effort and is worth the investment in your health. </span>Recommended by expert biohacker, <a href="https://www.lukestorey.com/" target="_blank" rel="nofollow noopener noreferrer"><span>Luke Storey</span></a>, this appliance is truly “form meets function.” It's</span><span> the first air purifier to use Photo Electro-Chemical Oxidation (PECO) technology to destroy allergens on a microscopic level. Another bonus is that </span><span>the aesthetic design of it is just as brilliant as the technology behind it. The Molekule is also</span><span> portable, made from aluminum and unobtrusively fits into any interior design scheme.</span></p>
<p><span><a href="https://www.honeywellpluggedin.com/air-purifiers/shop" target="_blank" rel="nofollow noopener noreferrer">Honeywell</a></span><span> also has a good selection of air purifiers with HEPA filters for rooms of various sizes from extra large to desktop (perfect for the office). All are capable of removing more than 99% of airborne particles. They are available in a range of prices with a variety of features including Bluetooth.</span></p>
<p><strong>Edit Your Home</strong></p>
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<p class="wp-caption-text">Less is better.</p>
<small>Erica Reiner</small></div>
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<p><span>The first step to having a less toxic home is to get rid of clutter, furniture and decor that attracts dust. This doesn’t mean you need to have an entirely empty space, but consider removing any excessive items during peak allergy seasons. If you don’t want to throw things out or give away items, consider switching up your accessories seasonally and refresh periodically.</span><span> </span></p>
<p><strong>Get Real About Chemicals</strong></p>
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<p class="wp-caption-text">An eco-friendly guest house designed by Erica Reiner in Venice, California.</p>
<small>Erica Reiner</small></div>
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<p><span>Erica Reiner of <a href="https://www.ecofriendlyinteriordesigner.com/" target="_blank" rel="nofollow noopener noreferrer"><span>Eco Method Interiors</span></a> specializes in designing health and eco-friendly homes and businesses. Her approach is to avoid products with chemicals as much as possible. “Unfortunately our country doesn’t have protective laws banning chemicals that are harmful to us through everyday products and the home goods industry is no different.”</span><span> </span></p>
<p><span>It's unrealistic for most people to steer clear of absolutely everything that could potentially be harmful. So, she generally recommends avoiding anything with AZO dyes, softeners or fire retardants, PVC, phthalates, and VOCs. But to simplify, a good rule of thumb is to avoid home furnishings made with synthetic materials and choose items that are certified by third parties as non-harmful. </span></p>
<p><span>“Look for things made with natural fibers that are grown and not made, see if they’re made responsibly and have a certification as such, see if they are free from AZO dyes and have low impact dyes instead,” she says.</span></p>
<p><strong>Choose Less Toxic Furniture</strong></p>
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<p class="wp-caption-text">Pottery Barn’s Comfort Eco Roll Arm Slip Covered Sofa.</p>
<small>Pottery Barn</small></div>
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<p><span>Safe furniture is easier to find than you might believe. Pottery Barn’s <a href="https://www.potterybarn.com/products/eco-pb-comfort-roll-arm-slipcovered-sofa-collection/" target="_blank" rel="nofollow noopener noreferrer"><span>Comfort Eco Roll Arm Slip Covered Sofa</span></a> is Greenguard Gold Certified. Six different covers and several customizable styles are available. This is a soft, comfortable piece of furniture that will look beautiful in contemporary or traditional homes.</span></p>
<p><span>Another option is <a href="http://www.ciscobrothers.com/environment-furniture" target="_blank" rel="nofollow noopener noreferrer"><span>Cisco Brothers</span></a>. They have an entire line that is better for both people and the environment with everything from sofas to chairs, ottomans and even beds.</span></p>
<p><strong>Switch Out Your Window Treatments</strong></p>
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<p class="wp-caption-text">Chilewich's bamboo roller shades from The Shade Store are modern and eco-friendly.</p>
<small>The Shade Store</small></div>
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<p><span>If you are allergic to dust, avoid fabric curtains because they are dust collectors. Reiner also suggests avoiding faux wood and PVC blinds. Swap them out for bamboo or wood window treatments instead. <a href="https://www.theshadestore.com/" target="_blank" rel="nofollow noopener noreferrer"><span>The Shade Store</span></a> has many sophisticated, eco-friendly options and they will even measure your space at no cost. </span></p>
<p><strong>Get Rid Of Carpeting </strong><strong> </strong></p>
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<p class="wp-caption-text">Washable area rugs on hard floors are cleaner than carpeting.</p>
<small>Lorena Canals</small></div>
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<p><span>If you’re building a new home or renovating, allergy sufferers should avoid carpeting. Reiner says cork flooring is the best for allergy sufferers because it’s both naturally antimicrobial and fire retardant.</span></p>
<p><span>But if you must install carpeting, she says, “100% wool is a great option.<span>”</span> Choosing carpet squares instead of traditional wall-to-wall carpeting. “With tiles, you can just replace one small area as it wears over the long term.”</span></p>
<p><span>Area rugs, while attractive, can attract dirt and dust. So choosing natural ones made with non-toxic dyes like the washable line from <a href="https://lorenacanals.us/washable-rugs.html" target="_blank" rel="nofollow noopener noreferrer"><span>Lorena Canals</span></a> is ideal. There are cute styles for children as well as more contemporary designs for every room in the home.</span></p>
<p><strong>Buy A Good Vacuum Cleaner</strong></p>
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<p class="wp-caption-text">Dyson's new V11 Torque Cordless Vacuum.</p>
<small>Dyson</small></div>
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<p>A good vacuum cleaner is a necessity no matter what kind of flooring or furniture you have. The new <a href="https://www.dyson.com/sticks/dyson-v11-shop-all.html" target="_blank" rel="nofollow noopener noreferrer">Dyson V11</a> is a must-have for any home, but it's particularly essential for renters or homeowners who may be stuck with carpeting. This stick model has twice the suction of any cordless vacuum for a truly deep clean, capturing over 99% of microscopic dust particles. It even automatically adjusts for all type of flooring, so the settings don't need to be changed as you clean. There are even a variety of tools to clean every surface from upholstery to crevices, for dusting, etc.</p>
<p><strong>Prevent Mold Before It Starts</strong></p>
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<p class="wp-caption-text">A heated towel rack is a stylish and healthy bathroom upgrade.</p>
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<p><span>Mold can happen at any time of the year. Both Dr. Wright and Reiner suggest using a <a href="https://www.wayfair.com/home-improvement/pdp/danby-30-pint-dehumidifier-cbfx1021.html" target="_blank" rel="nofollow noopener noreferrer"><span>dehumidifier</span></a> in low ventilation areas of the home like basements.</span></p>
<p><span>Bathrooms without windows or adequate ventilation can be breeding grounds for mold and mildew, especially on towels. A heated towel rack like Amba’s <a href="https://www.wayfair.com/home-improvement/pdp/amba-radiant-wall-mount-electric-towel-warmer-xmb10044.html" target="_blank" rel="nofollow noopener noreferrer"><span>Radiant Wall Mount Electric Towel Warmer</span></a> doesn’t only inhibit the growth of mold and mildew on towels, but it makes a very sleek addition to any bathroom. </span><span> </span></p>
<p><strong>Change Your Bedding</strong></p>
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<p><span>Look for Oeko-Tex certified bedding, which is certified free of dyes and synthetic chemicals such as <a href="https://mysheetsrock.com/" target="_blank" rel="nofollow noopener noreferrer"><span>My Sheets Rock</span></a>. This is a new brand of sheets made from 100% bamboo rayon. This fabric wicks away moisture and minimizes odors. It also maintains an average lower temperature (four degrees cooler) and with 50% less humidity than most sheets. So they are ideal for people who get sweaty at night. Even better, they feel soft as silk.</span></p>
<p><span>Luxury French brand Yves Delorme has a line of <a href="https://usa.yvesdelorme.com/p/b/antiallergy.html" target="_blank" rel="nofollow noopener noreferrer">anti-allergy comforters and pillows</a> made with a machine-washable alternative to down. So you can avoid dry cleaning chemicals and the high cost of professional cleaning.</span></p>
<p><strong>Cover Your Pillows, Mattresses And Box Springs</strong></p>
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<p class="wp-caption-text">Don't forget to put pillow covers under your pillowcases.</p>
<small>Yves Delorme</small></div>
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<p><span>Using anti-allergy covers for your pillows, mattresses and box springs is an easy fix. It also extends the life of your linens. Make sure both the <a href="https://www.wayfair.com/bed-bath/pdp/glideaway-total-defense-hypoallergenic-waterproof-mattress-protector-glid1041.html" target="_blank" rel="nofollow noopener noreferrer"><span>mattress cover</span></a> and <a href="https://www.wayfair.com/bed-bath/pdp/allied-home-anti-allergy-clean-pillow-protectors-aldh1026.html" target="_blank" rel="nofollow noopener noreferrer"><span>pillow covers</span></a> have zippered closures for complete protection.</span></p>
<p><strong>Avoid Irritants In Your Laundry Detergent</strong></p>
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<p class="wp-caption-text">Non-toxic laundry detergent is better for people and planet.</p>
<small>Evine</small></div>
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<p><span>Dr. Wright recommends washing your sheets in hot water, “130 degrees and up is best to kill dust mites” she says. </span></p>
<p><span>It’s also ideal to avoid heavily perfumed and chemically formulated detergent. <a href="https://www.evine.com/b/home/brooke--and--nora-at-home/" target="_blank" rel="nofollow noopener noreferrer"><span>Brooke & Nora At Home</span></a> is a new line of goat milk based laundry products. The powdered formula dissolves easily and is free of harsh chemicals. The line even has dryer balls, which are a great alternative to synthetic dryer sheets as well as essential oils and a stain stick. </span></p>
<p><strong>Use Safer Paint</strong></p>
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<p class="wp-caption-text">Schools Out by EasyCare paint.</p>
<small>EasyCare paint</small></div>
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<p><span>A freshly painted wall looks great but isn’t exactly easy on the respiratory system. So choosing a paint like <a href="https://www.truevaluepaint.com/products/" target="_blank" rel="nofollow noopener noreferrer"><span>EasyCare by True Value</span></a> is a better choice. This low odor and low VOC paint is certified by the Asthma and Allergy Foundation of America (AAFA). It is available in several finishes and a full range of colors.</span></p>
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<a href="https://www.forbes.com/sites/amandalauren/2019/04/23/how-to-make-your-home-allergy-free-and-eco-friendly/">How To Make Your Home Allergy Free And Eco-Friendly</a> curated from <a href="http://www.forbes.com/real-estate/">Forbes - Real Estate</a>
Maureenhttp://www.blogger.com/profile/03992371858002223992noreply@blogger.com0tag:blogger.com,1999:blog-2572585416958711220.post-53610246442102062452019-04-23T11:32:00.001-07:002019-04-23T11:32:03.255-07:00#StartupLife5 - What are the biggest barriers you faced with your PropTech startup?<div><img src="https://thumbor.forbes.com/thumbor/600x315/https%3A%2F%2Fspecials-images.forbesimg.com%2Fdam%2Fimageserve%2F1078504950%2F960x0.jpg%3Ffit%3Dscale" title="#StartupLife5 - What are the biggest barriers you faced with your PropTech startup?" /><br />
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<p class="wp-caption-text">Cartoon Man jumping Over a Banana Peel</p>
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<p>In the first few episodes of this series, we focused on PropTech founders’ motivations when choosing the #StartupLife. It’s not an easy path to follow, especially in real estate. We’ve seen the good and the bad… and today we will explore the ugly. <span><a href="https://twitter.com/intent/tweet?url=http%3A%2F%2Fwww.forbes.com%2Fsites%2Fangelicakrystledonati%2F2019%2F04%2F23%2Fstartuplife5-what-are-the-biggest-barriers-you-faced-with-your-proptech-startup%2F&text=I%20asked%20several%20startups%20to%20share%20the%20biggest%20barriers%20they%20faced%20in%20building%20and%20scaling%20their%20businesses." target="_blank" rel="nofollow noopener noreferrer">I asked several startups to share the biggest barriers they faced in building and scaling their businesses.</a></span> Unsurprisingly, many pointed to resistance to change within a very conservative industry as the single biggest obstacle. Read on to find out what these founders are doing to break the mold and disrupt the world of property!</p>
<p>Mike Bristow, Founder of <a href="https://www.crowdproperty.com" target="_blank" rel="nofollow noopener noreferrer">CrowdProperty</a>: On the lender side - building a trusted brand. We needed to build an online proposition from scratch that retail lenders would invest their money in. On the borrower side - landing disintermediation. In a brokered market, we disrupted the value chain, uniquely sourcing projects directly, thereby minimizing the value chain profit pools and maximizing the value offered by CrowdProperty to both borrowers and lenders. Within the business - building a great team. It's all about people, people, people. Beyond specific technical roles, I'm a believer in getting good people into an early-stage business and letting them flourish at cracking the many things that need to be dealt with, motivating them well along the way.</p>
<p>Taraneh Nasseri, co-founder of <a href="https://www.rightcost.com" target="_blank" rel="nofollow noopener noreferrer">RightCost</a>: Getting noticed amongst the big fish has been the biggest hurdle for RightCost. Consumers are still very heavily influenced by the big players who spend big dollars on marketing and advertising rather than doing their own research to make sure they are getting real value from the service they are paying for. This is an obstacle we are still trying to get through.</p>
<p>Markus Asikainen, Co-Founder of <a href="https://exquance.com" target="_blank" rel="nofollow noopener noreferrer">Exquance Software</a>: We’ve always raised very little external money while our clients have been the largest companies in the real estate and PropTech industry. This was creating a certain kind of imbalance for us in the beginning, because we were financially quite weak and large corporations had to accept that fact signing a deal with us. Therefore, we had to find corporations which were willing to take some risk and deal with a young startup. We’ve also been in the position a few times where we were financially “dead”, thinking about which employees to fire first before running completely out of cash. In these situations, we worked like crazy to find quick revenue, and due to hard work (and maybe some luck too), we’ve managed to keep the business alive and never had to downscale our operations.</p>
<p>Matthew Partridge, Founder of I<a href="https://www.infabode.com" target="_blank" rel="nofollow noopener noreferrer">nfabode</a>: There were huge initial challenges that we managed to overcome, with companies not wanting to hand over their information, despite it often being publicly accessible on their website. As property technology became more widely recognized and the value of data sharing grew, there was a dramatic increase in the number of partners Infabode gained and now we have most of the world’s leading real estate brands. We have worked tirelessly to create these fantastic partnerships with companies such as NAI Global, UBS, KPMG, Colliers, Knight Frank, AXA, Savills, JLL and many others, to create a valuable resource platform for. We still get some push back from the bigger corporations but we are positive that eventually, they will all share our vision for the industry.</p>
<p>Jonathan Liemann, Co-Founder of <a href="https://mietwise.com" target="_blank" rel="nofollow noopener noreferrer">Mietwise</a>: Real estate is traditionally a close-knit industry, and as two English-speaking Co-Founders in Germany, trying to break into it can often prove to be challenging. This is further enhanced by the characteristics of the real estate industry, which has notably long operational cycles, high barriers to entry, and which is not particularly known for its transparency. PropTech is also a relatively new sector when you compare it to the likes of FinTech. As such, the same level of public awareness doesn’t exist, with the likes of Revolut, Adyen and N26, instantly more recognizable than some of PropTech’s bigger players. This is definitely a barrier, and once PropTech receives more attention from the end consumer, I believe more established real estate companies will also be more likely to embrace PropTech.</p>
<p>Raymond Chetti, Founder of <a href="http://www.cre-korea.com" target="_blank" rel="nofollow noopener noreferrer">CRE Korea</a>: The biggest barriers I've faced to date have been around educating senior real estate professionals about the power and potential of AI. For example, our team was invited to present at a final pitch competition for the Korea Appraisal Board (KAB), but the judges for the competition were all over 50~60 years old, so trying to explain how AI works was like trying to explain rocket science to a newborn baby. AI is something they've read about in headlines, but don't truly understand, nor want to give the time to understand how it works, nor the implications of it. Sadly, we didn't win the competition, but we've won others where other judges and panels understand the potential and implications of our work.</p>
<p>Corentin Guillo, Founder of <a href="https://hibirdi.com" target="_blank" rel="nofollow noopener noreferrer">Bird.i</a>: The biggest barrier we’ve faced was market education. Because of the innovative nature of Bird.i (i.e. our usage of satellite imagery to track construction activities), we’ve faced a great lack of initial awareness from our customers to the possibilities offered by satellite imagery. The best they had been exposed to was Google Maps and its satellite base map. It took us a lot of time and resources to explain and demonstrate how we can track construction activities from space very accurately and in real time.</p>
<p>Sonny Tai, Founder of <a href="https://www.aegissystems.ai" target="_blank" rel="nofollow noopener noreferrer">Aegis AI</a>: Our technology is very new: It wasn’t possible to build a system that detects weapons 2 years ago. We’ve leveraged improvements in data science, data collection, and especially hardware to build an AI system that outperforms humans. Given this context, the biggest barrier we face is convincing buyers that our system works. This is especially challenging in the face of previous attempts at video analysis in the 2000s that used simpler methods that were greatly oversold, leaving many buyers with lasting negative impressions of video-based analysis tools.</p>
<p>James Morris-Manuel, Vice President EMEA at <a href="https://matterport.com/en-gb/" target="_blank" rel="nofollow noopener noreferrer">Matterport</a> (Founded Virtual Walkthrough, now part of Matterport): Today agents and investors can see how technology is transforming the property industry but back then there were very few tech companies catering specifically to the property sector. PropTech wasn’t even a word. One of the biggest challenges for any start-up is hiring the right people. As a start-up, you pay a much greater price when a hire goes wrong than you do in a bigger company. That is something we’ve been very careful about. To me, it is the people that make the business work – get that right and the rest will follow. With a fast-growing start-up, you also have to be wary that you don’t stray from your core business offer. It is easy to get swept up in where things might go in the future but keeping a clear head and believing in your USP is central to growing a successful business.</p>
<p>Connell McGill, Co-Founder of <a href="https://www.enertiv.com" target="_blank" rel="nofollow noopener noreferrer">Enertiv</a>: In the early days, it was challenging to convince investors that a business that had a significant hardware component could be scalable. Launching a software company is hard enough. Add in manufacturing, logistics, inventory, installation, project management, and you’ve lost a lot of investors’ attention. That being said, the market has shifted over the last several years. Whereas VCs used to be falling asleep in the middle of our pitches, we’re now receiving multiple inbound investors per week.</p>
<p>Lucas Dickey, Founder of <a href="https://www.fernish.co" target="_blank" rel="nofollow noopener noreferrer">Fernish</a>: We were effectively creating a new market for most of our target (end) customers—and market creation is no easy feat (the allure of blue ocean be damned)! This customer cohort had never considered renting furniture and was completely unaware of legacy offerings in this space (that admittedly weren’t really targeting our customers with their services or optimizing their offerings for our customer). Beyond that, we run a capital intensive business, but we’ve been thinking about that part from day one (okay, admittedly, more like day two).</p>
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<a href="https://www.forbes.com/sites/angelicakrystledonati/2019/04/23/startuplife5-what-are-the-biggest-barriers-you-faced-with-your-proptech-startup/">#StartupLife5 - What are the biggest barriers you faced with your PropTech startup?</a> curated from <a href="http://www.forbes.com/real-estate/">Forbes - Real Estate</a>
Maureenhttp://www.blogger.com/profile/03992371858002223992noreply@blogger.com0