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family law attorney Tag

Home > Posts tagged "family law attorney"

Save Those Text Messages: Electronic Evidence

Electronic evidence is fast becoming a vital part of testimony in a courtroom. In fact, cases have been lost or won on the basis of electronic evidence. These facts may sound scary, especially to those over 60, but they are a reality and must be taken seriously. Evidence, once it has been authenticated, can be used in the court. However, if a judge deems that the e-mail or phone text message is not able to be authenticated, or is hearsay, the resulting messages will be ruled inadmissible. So what precautions should a person take to avoid having electronic evidence tossed...

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Why Hiring an Attorney Before Your Case is Filed is a Good Idea?

Probably the reason most people wait until the last minute to hire an attorney is the cost. Many attorneys charge by the quarter-hour, and this can add up fast when having a conversation regarding a case not yet underway. While this is true, there are reasons it is a good idea to hire an attorney before your case is filed. Here are some of them: • An attorney can help you sort out the details of a case required to handle your concern such as a divorce, bankruptcy, or child support. • As detailed financial documents will be required, an attorney can...

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Why You Need a Prenuptial Agreement

Before looking at why a prenuptial agreement is needed, it is a good idea to look at what a prenuptial agreement is. A prenuptial agreement is a written document drawn up by both parties who are intending to be married. The document is written and properly signed, witnessed and notarized before the marriage takes place, It remains in effect the entire marriage unless both parties agree to change the document in a postnuptial agreement or cancel the agreement. In all cases, both parties must be in complete agreement, without coercion or force, to the contents of the prenuptial agreement. If...

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Managing Stress and Anxiety During a Family Law Case

Managing stress and anxiety during a family law case can become a serious issue. Depending on the type of case will, to a certain extent, determine the level of stress and anxiety and the manner in which they are handled. If minor children are involved the level of concern is higher and the need for careful planning for managing stress and anxiety increases. Looking at some of the most frequent family law cases can help with managing techniques. Divorce or as it is now called, Dissolution of Marriage: In most cases the emotional involvement of both parties is high. This is...

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Who gets the dog?

Who gets the dog, or any other treasured pet, when there is to be a divorce? One would think that, since most pets are treated as a part of the family, the courts would also consider them as such. This would mean that visitation rights or timesharing rights, as time spent with minor children is now referred to, would be granted by the courts at the time of the final dissolution of the marriage. Unfortunately, in only four states is the possibility of court-ordered timesharing still a reality. Florida is not one of these states. In Florida, pets are considered marital...

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Preserving Electronic evidence

With more and more states allowing evidence found on electronic devices such as computers and iPhones it is essential that persons needing such evidence to support their claims learn how to preserve evidence stored on their electronic devices. Of course, there is the other side of the coin where when someone does not want evidence found on their electronic devices to be used, they too need to be careful. For, if it can be shown that evidence was intentionally deleted to the point where even a computer forensic specialist could not retrieve it, the court will not be pleased and...

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How Do I Choose a Lawyer?

“How do I choose a lawyer?” Is a question many people ask at some time in their life. It seems today that “going to court” for one reason or another is an everyday happening for a myriad of issues. In the United States crime rates are high, divorce rates hover near 50% and suing someone,or some organization has become the way to right a wrong, even a small one. So what things should a person consider if they need to hire a lawyer? The following suggestions will help: 1. First and foremost, check out several potential prospects in the area of your...

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How a Forensic CPA Can Help

There are sometimes, during the hearing of a case before a judge, when it necessary to use an expert witness. According to The Legal Dictionary.com. an “expert witness is a person who is a specialist in a subject, often technical, who may present his/her expert opinion without having been witness to any occurrence relating to the lawsuit or criminal case.” One type of expert witness is a Forensic CPA (Certified Public Account). A person using this title is someone educated, trained, and licensed to investigate and give qualified reports in the area of audits, accounting, and matters concerning the financial...

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Daubert is Dead (Supreme Court Ruling for Qualification of Expert Witnesses)

To begin with, what or who is Daubert? And what is an expert witness and why should he or she need to be qualified? As Daubert deals directly with the qualification of an expert witness asked to give testimony, this blog will start with a legal definition of “expert witness.” According to Legal Dictionary|Law.com, an “expert witness is a person who is a specialist in a subject, often technical, who may present his\her expert opinion without having been a witness to any occurrence relating to the lawsuit or criminal case.” In Family Law, an expert witness could include someone such as...

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Be Careful What You Post on Social Media

Social media is fast becoming the way to communicate information ideas, and often pictures to further evidence the written word. Authors Marisa A. Tradatti and Anna C. Hore vary write “There’s a whole generation of people for whom tweeting is as natural as breathing, for whom the word “friend” has become a verb and for whom Web 2.0 is the only media platform they know”. Facebook alone has over 1 billion users, approximately one-seventh of the world’s population, with other social media such as Instant Message, Twitter, YouTube, Linkedin, and just plain texting and e-mails adding countless more users to...

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