Arizona Divorce Lawyer

September 8, 2010

Arizona DUI Penalties

Filed under: arizona divorce lawyer — Tags: , — 20100529 @ 11:28 am

In case of a DUI related crime, the penalty handed down to an accused depends mainly on two factors, the type of DUI that was charged, which is dependent on the gravity of the crime or offense, and on the criminal record of the accused.

In case of being a first DUI or if the Blood Alcohol Count (BAC) is above the specified limit of .080, the sentence could be jail term of 10 consecutive days, nine of which are subject to being suspended on completion of the substance and alcohol abuse screening, counselling and treatment ordered by the court. A fine of $1475 is charged with additional amount of $250 towards the DUI abatement fund, and a suspension of the driver’s license for three months. The judge could also put the accused on probation of up to five years.

In case of a second DUI or BAC above the level of 0.080, a 90 days jail sentence is awarded, of which 60 days can be suspended based on the completion of substance and alcohol abuse screening, counselling and treatment as ordered by the court. The fine is $2675, with additional amount of $250 towards the DUI abatement fund, revoking of the driver’s licence for one year, and a possible probation period of five years. The court has the right to forfeit a vehicle belonging to the accused which he or she was driving, at time of the arrest for DUI.

In case of a first extreme DUI with a BAC of 0.15 or higher, the sentence could be jail term of 30 consecutive days of which 20 days can be suspended on completion of the substance and alcohol abuse screening, counselling and treatment ordered by the court. A fine of $2225 is charged with additional amount of $250 towards the DUI abatement fund, a suspension of the driver’s license for three months i.e. 90 days. The judge could also put the accused on probation of up to five years.

In case of a second extreme DUI with a BAC of 0.15 or higher, the sentence could be jail term of 120 days, 60 of which are subject to being suspended on completion of the substance and alcohol abuse screening, counselling and treatment ordered by the court. A fine of $2225 is charged with additional amount of $250 towards the DUI abatement fund, a suspension of the driver’s license for three months. The judge could also put the accused on probation of up to five years.

In the case of a felony DUI in the presence of a child under the age of 15, if the accused has a clean record previously, the accused will have to serve a prison term for between 4 months to 2 years. The fine slapped is up to $150,000 with a surcharge of 80 percent. The driver’s license of the accused is revoked for three years, the probation period extends up to ten years and the court has the right to seize the vehicle in which the DUI felony was committed.

For a felony DUI or a third DUI in the last sixty months, the minimum sentence to be served is 1 year to 3.75 years in prison. The fine is up to $150,000 with a surcharge of 80 percent, with the driver’s license standing revoked for three years and a possible probation of up to ten years. The punishment includes a possible forfeiture of the vehicle in which the last felony was committed.

Arizona DUI Attorneys provides detailed information on Arizona DUI Attorneys, Arizona DUI Fines, Arizona DUI Defense, Arizona DUI Laws and more. Arizona DUI Attorneys is affiliated with Arizona DUI Penalties.

September 7, 2010

Arizona Lawyer Referrals

Filed under: arizona divorce lawyer — Tags: , , — 20100529 @ 7:27 am

As much as lawyers and doctors hate to admit it, their professions are very much alike. One of these similarities is that both doctors and lawyers can choose to specialize in a specific field or area of their profession. Another similarity is that there is also a well-established referral system among doctors and lawyers. This is very true in most areas, especially in places where there is a large concentration of doctors or lawyers, including Arizona. However, not all people are fully aware of the referral system in the practice of law, which in the final analysis is very similar to the referral system among doctors.

How does it work among lawyers?

In the legal profession, the referral system is similar to that of the medical profession. In the legal profession, there are referral attorneys who get clients not because they want to represent them but because they want to refer them to other attorneys who specialize in the cases of the clients. This is similar to the referral system in the medical profession where general practitioners or other doctors refer patients to other doctors who are specialists in the diseases of the patients. In the same way that doctors who refer patients get a percentage of the fee, referral attorneys also receive a percentage of the legal fees of the lawyer to whom they referred the clients.

However, in the referral system among lawyers, there are instances wherein the referral attorney would only earn the percentage f the legal fees if the actual lawyer handling the case wins the case. The good news is that this augurs well for clients who approach referral attorneys because given this set up, referral attorneys have an incentive to refer them to really good lawyers to increase the chances of winning the case.

In the legal profession, there is also a well-established referral system wherein referral attorneys earn by attracting clients for the purpose of referring them to other lawyers. However, unlike the referral system in the medical profession, referral attorneys have an incentive in referring clients to really good clients because of the fact that they will earn only if the actual lawyer wins the case. Given this, getting the help of a referral attorney for a person’s legal needs can be considered a win-win situation.

Arizona Lawyers provides detailed information on Arizona Lawyers, Arizona DUI Lawyers, Arizona Criminal Defense Lawyers, Arizona Divorce Lawyers and more. Arizona Lawyers is affiliated with Colorado Employment Lawyers.

September 6, 2010

Notary Public Jobs

Filed under: arizona divorce lawyer — Tags: , — 20100529 @ 4:58 am

If you wish to work at home or in any office that could use a notary on duty during the hours you want to work, you might enjoy becoming a notary public. Consider the situation where a normal employee of an institution such as a bank receives a notary public license. This new designation enhances his value in the organization and offers a good adjunct service to his employer. Bank transactions often involve the need for notarized documents, such as a notarized signature for a loan.

A notary public is an executive licensed by the state to serve as an impartial witness to the signing of documents, such as affidavits, real estate deeds and powers of attorney.

The signature and stamp of the notaries acknowledge that the signers have entered into an agreement knowingly and willingly. Notaries are not responsible for the legality or accuracy of the content of the documents they notarize. The signers are responsible for the correctness of documents.

Notaries usually spend some time to verify the identity of signers, usually done with a driver’s license. After verification, they press the notary seal on the document and sign it. A notary cannot offer any legal advice and service, unless he is a lawyer. Institutes that normally require notary jobs include real estate firms, law offices, financial organizations and credit unions.

Notary public jobs include mobile notary publics and notary signing agents. The first types are notaries who travel to the homes and offices of those asking to have a document notarized. Notary signing agents are notaries with good experience in notarizing loan document signings. To become a notary public, an individual satisfies several state certification requirements including clearing a background check, providing the bond, paying the required filing fees and passing a multiple choice test.

Notary public fees differ from state to state. In California, the fee per signature varies from $5 to $20, depending on the nature of the notarized document. For example, the notary charges $10 per signature for notarizing a deed or power of attorney, and $20 for services available in connection with deposition testimony. In many states, a notary has statewide authority and can do notarial deeds in any county in these states.

Notary publics are reappointed every four years. To renew commission, they must file a new bond and pay the required fees no earlier than 90 days before the conclusion date of the notary’s term. The forms are available from the office of the Secretary of State, county clerk, or an insurance agency.

Notary Public provides detailed information on Notary Public, How to Become a Notary Public, Notary Public Supplies, Notary Public Service Locations and more. Notary Public is affiliated with Paralegal Schools .

September 4, 2010

Child Support – How the Laws Can Protect You

Filed under: arizona divorce lawyer — Tags: , — 20100529 @ 10:05 am

Child support laws protect both parents and children, and the whole family in general. Divorce rates continue to go up in the United States, and without the laws, the children can easily suffer without having any kind of financial protection.

Children end up living in single parent homes after a divorce, and most of these single parents cannot afford to support and raise their children on their own. Most low-income families depend on two incomes in order to take care of their children properly, and if one of the parents is not doing it’s job financially, this can greatly affect the children negatively.

With child support becoming a must, children no longer have to suffer, and they can now have the normal life that they deserve to live, even if their parents have decided to go their separate ways. The parent who has custody of the children can now also raise his or her children normally without having to go through a financial crisis.

Because of the laws, some parents are afraid that they will not be able to pay the amount they will be ordered to pay if they were to file a divorce, that some of them even decide to stay and raise their children together. This is not necessarily a good thing for parents to stay together even if they are not happy living together, but it has lead some couples to work their relationship out and become happy again.

Research has shown that having both parents raising their children together definitely help the children live healthier and happier.

Child support policies have also made it easier for those parents who have decided to get divorced. The laws help save both parents a lot of future headaches when it comes to how much money one should contribute, and how much the other one who has custody of the children should receive.

With the laws, both parents can be rest assured that what they are paying for or what they are receiving is fair. Helping prevent future headaches between both parents can also help with ensuring that your children can move on and live a normal life again, even after the divorce.

Child support regulations vary from state to state, and if you are unfamiliar with them, it is strongly advised to seek a very experienced lawyer to make sure that the laws are being practiced and to give you a peace of mind as well.

Mary See is the webmaster of child-support-laws.com, a child support laws website that guides parents through their struggle of dealing with child support.

August 29, 2010

Community Property States

Filed under: arizona divorce lawyer — Tags: , , — 20100529 @ 9:56 am

The United States follows a form of divorce law that descends from “common law,” the legal system inherited from England. In common law, law is developed through the judgments of the court and not just through legislation. Precedent is used as the basis for future judgments. However, other countries use a system called “civil law,” which descends from Ancient Roman law. In civil law jurisdictions, laws are codified and written by legislature, rather than developed by the courts.

While the United States is built on common law, there are several states which inherited the community property divorce system created by civil law system. These states are:

· Arizona

· California

· Idaho

· Louisiana

· Nevada

· New Mexico

· Texas

· Washington

· Wisconsin

These states inherited their divorce law system from Mexico, which in turn got its system from Spain. Ultimately, these states can trace their divorce law system to the Arabs and the Romans.

What Is Community Property?

In community property states, property owned by husbands and wives is actually property of the marriage. Technically speaking, each spouse holds a 50% claim to all of the property purchased by either spouse during the course of the marriage. The house, the cars, and even smaller items are actually owned by both spouses.

When a couple gets divorce, this property has to be divided. In some states (like California), the property is divided 50-50 between the spouses, while in other states, the courts are left to their discretion in dividing property. It is important to realize that each state’s laws are unique, and no two community property states have the exact same laws. If you live in one of the nine states listed earlier, it can be very beneficial to discuss your divorce with an experienced divorce lawyer to learn the particularities of the laws in your state.

What Isn’t Community Property?

What isn’t owned by the marriage is, in many ways, just as important as what is. Some of the items that are owned individually by the spouses are:

· Items purchased prior to the marriage by either spouse.

· Items given as gifts to an individual spouse during the marriage.

· Items inherited by an individual spouse during the marriage.

Divorce law can be complicated, especially to those unaccustomed with it. If you have any questions about divorces, visit the San Jose divorce attorneys of the Law Office of Daniel Jensen today.

Joseph Devine

August 28, 2010

Judgment Renewal – How to Make Sure You Don’t Lose the Ability to Collect on Your Judgment

Filed under: arizona divorce lawyer — Tags: , , , — 20100529 @ 2:19 am

Arizona Judgment Renewal – When Do Arizona Judgments Expire?

Pursuant to Arizona law, a judgment obtained or domesticated in the state is effective for five years from the date it was entered. This five-year period begins from the time the judgment can be enforced or sued upon, meaning that a stay on appeal will toll the expiration of the judgment. After the five-year period expires, the judgment cannot be executed on unless it has been renewed in a timely manner.

How to Renew an Arizona Judgment

A judgment creditor may obtain a lien or real property in the State of Arizona by recording a certified copy of the judgment in the County Recorder’s office in any county where the judgment debtor owns real property. Creditors who wish to ensure their lien will be valid and have the proper effect must make sure to comply with the procedural guidelines set forth in the Arizona statutes.

Provided the form is correct, the judgment becomes a lien on the debtor’s real property located in the subject county for five years from the date the judgment was entered. In the event the judgment cannot be collected within that time, it may be renewed by either filing suit on it or by filing an affidavit of renewal with the Clerk of the appropriate Court. To perfect the continuing lien of the judgment debtor’s property, the creditor must then record the affidavit of renewal in the County Recorder’s office.

Importantly, judgment creditors should pay close attention to when their judgments are set to expire. An affidavit of renewal must be filed within ninety days before – NOT AFTER – the expiration of the judgment or any prior renewal. If it is not renewed in a timely manner the judgment will expire and be rendered uncollectable.

The Judgment Information Statement

For any judgment recorded in Arizona after January 1, 1997, the judgment creditor must include a separate Judgment Information Statement containing certain information about the judgment, the creditor and the debtor. The failure to include the Judgment Information Statement may compromise the efficacy of the recorded judgment.

Arizona Judgment Renewal Assistance

Individuals or businesses who have obtained judgments in Arizona or against persons or entities located in Arizona should seek the assistance of an Arizona lawyer to ensure the enforceability of their judgment and to renew a judgment set to expire. Failure to renew a judgment in a timely or procedurally proper manner can be fatal to the ability to collect on a judgment, and an experienced attorney can ensure that these procedures are complied with.

Kevin R. Harper is an Arizona real estate and business litigation attorney, representing individuals and small businesses throughout the state of Arizona from his Central Phoenix office located at 1 N. Central Ave., Suite 1130, in downtown Phoenix. Harper Law PLC represents individuals and businesses all over the state of Arizona. For more information about Arizona real estate law, feel free to contact Harper Law PLC at 602-256-6400, or visit the firm online at http://www.HarperLawArizona.com.

Copyright 2010 Harper Law PLC, all rights reserved.

The above article is designed for informational purposes only and, because every situation is different, is not intended as definitive legal advice. You should not act upon this information without seeking independent legal advice about your individual situation.

August 25, 2010

Custody and Visitation Schedules in Connecticut – Necessary Laws and Guidelines

Filed under: arizona divorce lawyer — Tags: , , , , , — 20100529 @ 10:56 pm

The Connecticut laws and guidelines about child custody are found in Title 46b of the Connecticut General Statutes. Many of these laws pertain to how the custody and visitation schedule should be created. Within these statutes there is information about how parents can set up a joint custody schedule and provide adequate visitation to both parents. Here are some highlights from the law that affects the schedule.

To begin with, the custody and visitation schedule is an important part of the parenting plan that must be submitted to the court. Title 46b lays out some different ways that custody can be determined. If the parents agree on a plan–and the plan should include the parenting time that the mother and father have with the child–they can submit it together to the court. The parents can have a joint custody schedule where they share parenting time and the responsibility for the children. A joint schedule doesn’t mean that each parent gets exactly equal time with the children. It simply means that each parent strives to make an effort to be active in the child’s life.

Chapter 49 is an interesting statute that also affects the visitation schedule. This part of the law explains that the court can grant visitation to any person if it is in the child’s best interest. The person needs to apply for visitation with the court, and the judge can make an order. Generally these visitation rights are extended to grandparents and other members of the extended family. If anyone else is given visitation, the schedule must reflect that.

Connecticut law encourages parents to work together to make a schedule that everyone likes. If the child is old enough, the parents should ask the child what the child prefers and factor that into the final decisions. Once the schedule is accepted by the court, the parents should make every effort to follow it and work together to uphold it.

Discover how Custody X Change can help you create the best Connecticut visitation schedule for your situation, and get the help you need to make your Connecticut custody schedule.

August 24, 2010

Green Card Through Marriage – Top 5 Mistakes

Filed under: arizona divorce lawyer — Tags: , , — 20100529 @ 5:41 pm

Obtaining a green card through marriage to a U.S. citizen is the most common way that foreign nationals in the U.S. apply for and receive permanent residency. The process is perceived to be quicker and easier than other routes of applying for a green card and oftentimes this is true. However, “quicker” and “easier” in immigration matters is a relative concept and therefore it should still be understood that the green card through marriage process also entails its own set of pitfalls and risks, especially when attempting to navigate the process without the assistance of an experienced immigration lawyer.

This article explores the top 5 most common mistakes that foreign nationals and their U.S. citizen spouses make when navigating the green card through marriage process.

1. Affidavit of Support – The number one mistake that applicants make in connection with this process is underestimating the significance of the affidavit of support. The affidavit of support is used by the government to ensure that the intending immigrant has adequate means of financial support and they are not likely to become a public charge. The mistake that is made by a sponsor is not supplying the right documents and evidence based on his/her personal situation. Each sponsor’s situation is different and therefore it may be relevant to supply some combination of the following documents: W-2s, 1099s, K-1s, tax returns, extensions, IRS transcripts, pay statements, account statements, letter from employer, letter from accountant, and so on. Another common mistake in connection with the affidavit of support is misunderstanding as to when the intending immigrant’s income/assets can be included and/or failing to supply a joint sponsor and/or co-sponsor in a scenario where the petitioning U.S citizen spouse doesn’t meet the minimum requirements.

2. Encounters with the police – Far too often applicants believe that mere subway citations or a misdemeanor that has been expunged or sealed does not need to be disclosed on an application. However, this couldn’t be farther from the truth as the failure to truthfully disclose such information on the green card application could easily result in the denial of an application or potentially the revocation of one’s status as a permanent resident later on. All arrests, citations, detentions, or encounters with the police anywhere in the world at any age must be disclosed on the application. The only items that can be safely kept to oneself are those dealing with parking tickets or speeding tickets.

3. Not telling the truth (aka lying!!) – It is shocking to learn about the things applicant’s forget about either on an application or during an interview. There is no benefit to lying or forgetting to include something on an application and it can only lead to negative consequences. The vast majority of the time an applicant does not tell the truth it is usually in the hopes of painting the picture they think that an immigration officer wants to see. The problem with this is that it can tangle up the applicant and his/her spouse during the process and cause much more harm than anticipated.

4. Not supplying proper supporting materials – This can occur both at the initial stage of submitting the various applications and at the time of the green card interview. Depending on the details of the particular case, there may be numerous documents to supply: birth certificates; passports; naturalization certificates; divorce decrees; documents evidencing name changes; marriage certificates; visas; I-94s; immigration documents; and so on. Originals of certain documents, such as a birth certificate or marriage certificate, are almost always required at the interview. Insufficient joint documentation is also an issue at the time of the interview. Being unprepared with joint documentation for a green card interview can result in a grueling interview session, potentially the scheduling of a second interview (known as the dreaded Stokes interview), or even worse a denial of the case.

5. Not retaining an experienced immigration lawyer – Many people make the mistake of underestimating the seriousness of the marriage green card process and the difficulty in preparing an approvable application. Retaining an experienced immigration attorney to assist you and your spouse cannot only help expedite the process, but it can also ensure that you are well prepared throughout the entire process and that your application is legally compliant. Even the most straightforward and “cleanest” cases are susceptible to difficult issues and potential pitfalls.

Douglas M. Lightman, Esq. is the principal and founding attorney of Lightman Law Firm LLC, a boutique law firm located in New York City with a focus on U.S. immigration law. A large part of the firm’s practice is focused on helping clients properly navigate the green card through marriage process.

For more information on how we can help you, please access our website at the following link: NY Immigration Lawyer.

August 23, 2010

The Best Source For Government Public Records

Filed under: arizona divorce lawyer — Tags: , , , — 20100529 @ 9:21 am

There are many lines of work and industries that rely on the accurate retrieval of government public records. Many employers do background checks on employees using public records, the military uses public records to help in establishing credentials for security checks, and creditors use public records to help establish the proper identity of the subjects of their credit reports. These are only samples of the different ways in which public records are used and when it comes to getting accurate and up to date information the reliable way to get them is by purchasing them directly from the municipality that they are originated from.

The internet is a wonderful resource for information and a valuable tool for doing research of all kinds. Finding the information you need on the internet is as simple as doing an internet search and then going through the results to find the information you need. However, government public records are closely guarded documents containing personal information and access to these records over the internet can be a risky adventure if you decide to go with a source that is less than reliable.

A search of the internet for public records will bring back millions of results for sites that claim to offer accurate public information for free. A closer look at these websites shows that they are offering only a portion of the information for free and for complete information you need to pay a fee. There is also no guarantee that the details you are getting as a sample from these websites is accurate. Many of these websites will offer any available information just to get you to purchase their service and many times the reports they are offering can be retrieved for free from various directory services websites. Relying on the information from free records can lead you to incorrect information from unreliable sources.

To insure that you are getting accurate and up to date government public records you need to go to the source and pay the fee. If you need a copy of your birth certificate from your local city hall there is a fee involved. Any public information that you intend to use for any kind of critical data search should only be considered reliable if it is purchased directly from the source. You can contact the direct sources for these reliable records on the internet and you will be asked to fill out a form and pay a fee prior to the information being supplied.

However, if you don’t have the option of getting records directly from the source the best alternative is Public Records Pro [http://www.accesspublicrecords.info]. You will get comprehensive reports online instantly and reports provided are comprehensive and accurate. Click here [http://www.accesspublicrecords.info] to access the top online Public Records Database and get all the information you need within a few minutes!

August 21, 2010

Divorce Law – An Overview

Filed under: arizona divorce lawyer — Tags: , — 20100529 @ 8:07 pm

Divorce law is one of the most complex and challenging areas facing any American citizen. A divorce is more than just two people separating; it is the untangling of a lifetime of co-mingled finances, living space, and relationships that extend far beyond the couple who are divorcing. In addition, because marriages are sanctioned by the states and not the federal government, divorce laws have fifty different sets of rules, and sometimes the same divorce will be wrangling with two or more of these sets.

In a divorce, each partner has very specific rights laid forth by each state. Most states support a no-fault divorce, in which one spouse may divorce the other for the oft-quoted “irreconcilable differences” reason. Every state allows divorce in certain other situations: infidelity, criminal behavior, any kind of abuse, where abuse includes both physical abuse as well as emotional or mental abuse.

While a divorce is often easily obtained, the finer details may not be so simple. A basic no-fault divorce – one in which neither partner is held to blame for the failure of the marriage – when the spouses have no children and no property held in common can be completed very quickly. As soon as both have names on a deed or even a car title, children are born, or one partner makes significant income during the marriage, this simplicity changes.

The state in which divorce is first filed is usually the state whose divorce law will govern the ensuing processes. If both partners file at the same time in different states, arbitration may be necessary to determine which state is the correct governing body. Why is this important? Because in California, spouses are supposed to make a 50-50 split of community property, while in Nevada spouses have an “equitable division” of property, which is more likely to result in the spouse who made more money taking more with him after the marriage is dissolved. Only California, Arizona, Idaho, Louisiana, New Mexico, Texas, Washington, and Wisconsin have community property division starting with a 50:50 ratio. All other states use equitable distribution laws.

Children are the other common bug in the ointment. In the first half of the 20th century, the husband almost always got them; after that, the wife almost always got them. Today, it’s becoming more common for either the husband or wife to get primary custody of the children. But that varies from state to state, and case to case. If there are children involved in the divorce, and both partners want to keep primary custody, it is absolutely essential to get a lawyer. Both your hearts and the future of your money are involved in this critical issue.

Pensions and 401K’s are another area of contention. Military members, up until last year, often kept their whole pensions even when the wife had been there for 18 of 20 military years (this law has since been changed.) In most cases, pensions are divvied up under a “qualified domestic relations order” (QDRO), and paid out to the two spouses after the pension matures by the pension plan administrator. You can expect the same division rules that applied to your community property to apply to pensions.

You can see where divorce law can become very complex very fast. In cases where your lives are not tightly entangled and you are both fine with the divorce, you’re fine using a quickie no-fault divorce, even one where you fill out your own paperwork. In any other case, you really need a lawyer to guide you through the minefield.

For more insights and additional information about Divorce Law as well as finding a wealth of resources to help you determine if divorce is right and where to turn for help, please visit our web site at http://www.my-divorce-guide.com

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