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How To Obtain a Divorce in the United States

When people get married, they do not typically anticipate their marriage will end in divorce. However, about 50% of marriages end in divorce. Although the specific rules surrounding divorce vary by state, in general there are certain procedures that must be followed in order to obtain a divorce.

First, one party must file a petition for divorce with the proper court, meaning a court having jurisdiction over the matter. Typically, courts having jurisdiction to hear the divorce will include the state in which the marriage took place, the state in which the filing spouse resides and the state in which the non-filing spouse resides. The divorce petition must also be personally served on the non-filing spouse.

Massachusetts Supreme Judicial Court: the Family Court Jurisdiction

The famous Mark Cimini, challenges the jurisdiction of the Probate and Family Court over certain family law matters in Massachusetts Supreme Judicial Court.

Appealed From SJC for Suffolk County, Justice Robert J. Cordy on September 5, 2007

Comparing common law and civil law traditions in legal systems

Common law is the law as interpreted by judges based on traditional law of an area and law taken from English unwritten law as well as laws passed in what is now the United States before it became a nation. In England before the United States became a nation, there were two kinds of law. If a defendant went to a law court, the judge would rule based on written laws. When cases approached the judge that did not fit into any of the written laws, the judge had to make law. These laws were not written laws of the land and depended on the judge who created them. Most of these created laws had to do with property. These property created laws are called “common law” and are subject to change of judge.
Few people realize that the United States is ruled by common law. Common law taken from England were enacted as the general law of each state except for Louisiana. The State of Louisiana has laws that were written actually taken from the French civil code. For all other states, the general law of the land is common law unless there is a statute that can override the judges creativity. As interpreted currently, property laws, contracts and tort law or damage to an injured party are still up to the judge also known as common law.
Occasionally, if there is no statute, federal common law can be petitioned in a federal court. However, even in a case where federal common law has been used if Congress has intervened then the federal common law can be thrown out. By interpretation common law is the law decided by judges even federal judges. Common law can be overruled if a statute has been enacted by a State, locality or Congress.
On the other side of the scales of justice is Civil Law. Civil law is applied in cases that allege no criminal activities and seek monetary redress as in cases of contracts, deeds to properties, divorce settlements, child custody, and injury. The role of civil courts is to peacefully reach a settlement between two or more conflicting parties based on state or federal statutes. If there are no state or federal statutes, the decision of the judge is binding as in common law.
Civil law is used to deal with consumer issues, international law conflicts, agricultural or farm laws, employment matters and issues and animal laws.

Arbitration in the commercial law

What we have here is failure to communicate. Great line from an old Paul Newman movie. In some respects the words still apply today in family and commercial law arbitration. But in case you’ve been stranded on some desert island eating raw fish and coconuts and are not familiar with the word, arbitration is basically a process between two or more parties to help solve a particular problem with a few rules and guidelines tossed in the pot.

Hammerle Finley is the Oldest Law Firm in Denton County

There have been a few times in my life when I have needed the guidance of a family law attorney. Divorce, child custody, remarriage. Unfortunately, during those specific times the only method of finding an attorney was mostly the phone book. Not the best tool for discovering all the facets of a law firm.

Thank heavens for the internet. Through it, I was able to find a Denton Family Law practice with just a few taps on the keyboard.

Subject Matter Jurisdiction versus Personal Jurisdiction

Personal Jurisdiction and Subject Matter Jurisdiction are legal terms-of-art that have tormented law students for hundreds of years. Conceptually, the authority of a court is something that most people don’t think about. For the average citizen, if you get a ticket that says to be at court, you show up. You don’t care whether the court you are going to is the right one for the offense and usually don’t question the authority of the court over you.
Jurisdiction is easier to think about if you put it into a more familiar context. Most people watch movies and televisions shows where the local law enforcement officers (LEO’s) are telling the federal officers from the FBI, CIA, or MIB (Men in Black), that they will not be, “putting up with that juris-my-diction crap.” Jurisdiction is what gives the local police authority over a particular case; and what gives the federal government authority over the LEO’s in some cases.

Divorce Law

Divorce is a sad and terrible event. Hearts are broken and lives are thrown into chaos. But with good planning and a steady head, the experience can be made easier. It helps to know what laws exist to protect both parties, and to help those involved get through the experience as easily as possible.

The most important thing to understand is that it is legal process, and with any legal process there are protections built in. This is a worldwide phenomenon, legal systems which protect both spouses from abuse of any kind, be it financial, professional or personal.

Legal Liability: when it is confirmed

Legal liability is confirmed when two individuals, or one individual and an organization, become parties to a contract that binds them legally. When legal liability is breached, the party whom suffered the damage has the right to sue the damaging party for a sum of money which will somewhat compensate for the damages done.

How to Choose a Bankruptcy Attorney

Over the last few years we frequently heard  the word “financial crisis” and “bankruptcy”, over and over again.  Every day we hear News talking about  increasing unemploymentm job losses and foreclosures. This is why, many women and man during this century, have found themselves literally drowning in to debt. As a result, some of them have decided to file for bankruptcy.

Bankruptcy may be an option for some people, but to be sure about that, you should fist talk with an expert lawyer.  So, how do you choose an expert and qualified Bankruptcy Attorney? The first job of a good bankruptcy attorney is to manage all the bankruptcy related problems of their clients and to offer specialistic and legal advice regarding their  financial issues and any other payment of debts.

Court Reporting Company

Court Reporting Company
Businesses that require court reporting services want a company that caters to their every need and they need someone that is professional and efficient that will save them money. Huseby is that court reporting company. They understand what customer service truly means.

Court Reporting
Huseby is a court reporting company that understands the client from the moment they go onto their site. The site is laid out very well. It is user friendly, has easy navigation and it allows the user to go directly to what they want without all of the hassle. This site offers video referencing, a client resource center, online scheduling and downloadable educational material. Huseby is well known nationally and they convenient office locations all around the United States.