Category: Longton Law - page 7

Divorce is something that can be either a devastating blow or intense freedom.  Either a shattering end or a blissful beginning.  The experience is different and unique for every individual, couple and child that is living it.  Often times men end up taking divorce harder than women.  Men and women end up worrying about a lot of different things when a divorce is filed.  Women worry about the finances, the place to live, keeping a routine while men struggle with the mental aspect including how they could have let their marriage fail.  Men simply have an incredibly hard time dealing with and moving past the idea of failing.  Although divorce is not a failure this is how most men that are not interested in a divorce from their partner see it.

When it comes to statistics men are more likely to go on a path of self-destruction after a divorce. While they aren’t worried about making ends meet, as they usually end up more financially stable than a women does they do end up with the emotional burden.  Men are also less likely to seek help for this which leads them into self-healing through alcohol, food and drugs.

The truth is divorce is over simplified in the world we live in.  When going through a divorce the world has become desensitized because it is so common place.  For this reason men are left to believe that the feelings of regret, sadness and grief are ones that are not common and that should not be felt.  This is anything but the truth.   Our society may make divorce seem common place but this is in fact not the truth and neither party in a divorce should feel like the emotions and phases they are going through in handling the demise of the marriage are wrong or inappropriate.

Some advice for men experiencing this in their own divorce currently; seek out support.  Don’t allow yourself to become enslaved to harmful habits that will only forgo moving into a healthy life and future.  Experiences in life will hurt, they will bruise your ego but in the end they will make you stronger.  Divorce is a time of change but also a time to connect to the world in a whole different light.

Learn to be the father you want to be.  The demands of being a partner are no longer on you so take all of that extra energy and turn it into something wonderful for yourself and for your children.  The time you have with them be less than you are used to.  Even the best child custody relationships leave us with our children less than we are used to when what we are used to is full time.  Take the time they are with you and be with them fully both physically and emotionally.  The time when you are apart take time for yourself.  Get to know who you are on your own without the influence of a partner’s opinion and without your kids.

Become the man you want to be after your divorce not the one that your emotions lead you to be.

Civil Litigation is a category that encompasses so many different aspects of law. Basically civil litigation breaks down to mean that two or more parties are having a legal dispute and are seeking monetary damages or precise actions to be carried out rather than seeking any criminal actions being sought. Attorney’s specializing in this type of law are known as trial lawyers or sometimes as litigators. When are a civil litigations attorney you represent your clients in all aspects of the proceedings including any and all trials, hearings, mediations and arbitrations. You could be seen in front of local, state, federal and even foreign agencies.
Civil litigation is a broad spectrum covering many varied issues that arise between two or more parties. When seeking retribution attorney’s can represent clients in all types of matters such as: Landlord and tenant issues, issues regarding the environment, product failure, injuries one sustains to one self, construction matters, medical malpractice suits, issues in labor and employment law, real estate and anti-trust/probate issues.
As an attorney in civil litigation you are often challenged. It is assumed that you will be an expert for your client and with that you become an expert in many different situations pertaining to the law. You are basically trying to win a debate. You will assume an opposite position and have to embrace the controversy and conflict that comes with it in representing your client (s). As a civil litigation attorney you will be working with other attorney’s and paralegals to best develop your position/side of the debate. The job of a litigation lawyer is one that includes a great deal of stress and abundant hours.
As with any type of case being handled in the court of law, litigation of a civil nature goes through a process of stages. Civil litigation has seven specific stages it follows and going through the process can range anywhere from a few months to several years to achieve result. The stages can be broken down as such: investigation, pleadings, discovery, pre-trial, trial, settlement and if desired appeal. Not every suit will go through every phase. If you are lucky the case could reach a verdict/settlement before going through the trial process.
Watching shows on television would lead you to believe that most of the attorney’s time is spent in trial however this is far from the truth. The most time in a civil case is spent in discovery. This is the time when information is pulled and accessible to both parties to review. It is a time that is labor intensive and attention to detail is of utmost importance.
As with any specialty in law there are certain character traits that help you a grown and become better at what you do. The best thing you can do for yourself if interested in becoming a civil litigator is to start embracing procedural law. To be an attorney of any degree you must have strong oral skills as well as being able to be an empathetic advocate. The ability to reason and think logically will help you in the discovery process as well as assisting communication with your client. Use and develop these skills to assist in your growth as a litigator.

Longton Law Offices specialize in representing clients who are going through a variety of civil litigation proceedings. Longton Law can help. Check us out today online at http://www.longtonlawoffices.com/.

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If you are going through a divorce the state in which you live will dictate what the process will be like for you. This article is designed to give you a brief look into the divorce process in general, the events that will occur and what you can expect throughout.

One of the first step in the divorce process is the separation process be it legal or agreed upon by the two parties. Depending on the circumstance the separation could occur when the courts legally negate for it or one party decides to leave the family home.  A legal separation is an agreement that is put in place to protect both parties and any children.  If you live in a state in which a legal separation is not allowed your first step will be to obtain a divorce attorney who will file a motion for a temporary separation to be put in place.

To begin the actual divorce process you and your attorney will file a petition for divorce with the local courts. This document identifies the two parties involved, any children between them and reason for divorce.  In most state there are two main reasons for divorce, irreconcilable differences or incompatibility.

Whoever files for the divorce is known as the petitioner/plaintiff while the other party is referred to as the respondent/defendant. The individual starting the divorce process will serve a letter of complaint to the respondent.   Once this has been done the respondent has thirty days to find and hire their own divorce attorney and respond to the original letter of complaint.

Once this is done a temporary order of divorce is issued addressing issues with temporary custody, support and other important issues that are immediate.  Once this has been put into place any party violating the agreement can be held in contempt of court and jailed and/or fined.

The next step is considered the discovery phase of the divorce process.  This is a legal way to gather information.  The steps include: disclosure, interrogatories, admission of fact, request for production and depositions.  In a smooth divorce this is hopefully the end for you.  It is hopeful that during mediation that the parties involved along with their attorneys will agree upon a settlement.

If you are not able to mediate an agreement that is suitable to both parties you will be given a trial date where both parties will go before a judge and argue their case. The judge will examine all the evidence and a decision will be made based on what he/she feels would be the best resolution.

A final decree is signed after the court has ruled.  It will lay out how the property is to be divided, custody arrangements, support both spousal and custody as well as any other issues that are pertinent to dissolving a marriage.

Most divorces require a period of time between the initial filing and any rulings surrounding the case.  This period of time increases if children are involved. The period is set to give both parties time to consider reconciliation.  Such is considered a cooling off period for the parties to make sure a decision to divorce has not been made in haste.

Divorce is not a simple process and should not be taken lightly.  Contact a local divorce attorney for more information regarding the divorce process in your state.

When you walk down the aisle into wedded bliss no one is ever thinking about what lies on the opposite side of happily ever after.  The vow does not say happily ever after until the divorce after all.  As much as we don’t like to think that our marriage could fail and that we could be the fifty percent that don’t work out it does happen.  As a divorce attorney I am often asked what the leading factors in divorce are.  From experience and years of experience I have gained little knowledge to actually narrow the exact cause of divorce.  Instead I have come to realize that many little factors combine into one massive explosion which in itself leads to filing for divorce.

For instance, many people believe that a fifty-fifty split in the chores around the home will keep you happily married until death do you part.  This view is a rather modern version of society’s views on marriage and does not necessarily help with keeping your marriage out of divorce court.  The chores might not be as much to blame as the way the structure of the family in this situation is viewed.  One theory is that the marriage becomes less sacred as the wife is viewed as not doing her duties in maintaining the family.  Although this is an old fashion view it still plays into the mindset of a family unit.

In marriage both partners should be willing to do things around the house for their partner as a desire to please them.  Whether this is done in a perfect fifty-fifty split is less of an issue verse the mindset that you are doing something for your family and your partner.  With this view of marriage you are doing chores to please your spouse rather than out of a combative view that everyone must stay equal.

In-laws and the relationships couples have with them are another source where people often site as the reason their marriage has failed. In studies it has been said that when a husband is close with his in-laws the marriage is 20% less likely to end in divorce where as the opposite is true when it is the wife that is close to her in-laws.

Why you ask?  Many times men take criticism as constructive and use the information making it a less personal jab against them.  This is not true when it comes to the wife accepting criticism or input.  Women are more likely to see it as a meddlesome, personal attack on them.  This rift often causes issues within a marriage.  The fact is the relationship with the in-laws is not necessarily the issue but instead the manner at which we take in and process situations.

The list of reasons people think their marriages have failed is plentiful.  Here I sited two issues that come out a lot when talking about why couples think their marriage dissolved.  The main thing to remember if you find your marriage in a state in which it is beyond repair you both must seek council.  Divorce attorneys work together to diffuse explosive situations and to create an outcome that will be in the best interest of both parties.  In divorce proceeding’s  the same thing is true as it is when talking about marriage success and failure… the little things add up and combine into one massive explosion.  Attorney’s can help prevent your divorce from combusting.

Most people don’t ever consider the fact that one day they may need a lawyer.  No one wakes up and says, “Today looks like a good day to get myself arrested.”  When it comes time to get a lawyer it is not something that is planned out.  Although selecting the right attorney for your case instantly becomes one of the biggest decisions you will make.  There are many things that go into selecting the right attorney for your case starting with finding someone that concentrates on the area of law in which you are finding yourself in trouble.

Selecting the right criminal defense attorney can be the most difficult issue in the whole nightmare.  You will want to choose an attorney that can represent you to the fullest level of service needed in a defense case along with taking into account their previous record, ability, price and practice experience.   When you find the right attorney you will know.  The combination of your case and your attorney will come together and fit like a glove.

If you are charged with a crime don’t settle for any attorney that your friends and family may know.  You want an attorney that specializes in criminal defense.  This is important as they have experience with prosecutors that other attorney’s don’t have.  A criminal attorney that has experience has probably handled cases similar to yours before and therefore can get concessions some attorneys may miss.  Attorneys now a day have websites that can help direct clients in the types of law they are experienced in.  A website is a great way to view the types of work and cases the attorney is familiar with before setting up an initial meeting.

There are several different concentrations criminal attorneys can specialize in.  Some tend to focus more on drunk driving cases, while some take on cases of rape and violent crimes.  It is not required that criminal defense attorneys specialize in one certain area of criminal law. What you are looking for is to find a defense attorney that is willing to put time and effort into representing your case as a unique case.

Many people charged with crimes have limited resources and settle for a public defender.  When it comes to your freedom a public defender is not the best option for you.  Public defenders are trying to juggle several cases if not hundreds of cases at a time for the state.  Therefore don’t have the necessary time to give to your specific case. This is obviously not a position you want to put yourself in when it comes to defending your freedom.  This is not to say that public defenders are in any way inept however more overwhelmed as their case loads are often larger than those of private attorneys.

Don’t settle when it comes to finding a lawyer to represent your well being.  Criminal cases are often lengthy and require you to work directly together towards a common goal; making sure that you don’t pay the price of a crime with your freedom.  Guilt is not something that can be assumed although it may feel like that when you are trying to prove your innocence.  Find a criminal defense attorney that you can collaborate with to find the best results in your case.

Thinking back upon the wonderful night out you had enjoying some much needed time with your spouse it is possible that one drink too many was had. Now you are facing charges you never considered you would encounter. A drunk driving offense on your record in the form of either a DUI or DWI is the last thing you want following you around. If you find yourself in a situation where you have been charged with a drunk driving offense there are several things you can do to enhance your chances of getting the charge reduced or even dropped.

The last thing you want after a casual night out with a few beverages and drinks is to find yourself in a situation that leaves you battling a possible DUI or DWI. Take caution when out and about and having beverages. It is amazing how little one person actually has to drink before being considered over the legal limit to operate a motor vehicle. If you find yourself in this unfamiliar situation don’t panic. Hiring an experienced DUI attorney that will help you face the charges at hand will make all the difference in the world when it comes to what is reported on your permanent record, if anything at all.