Divorce, or “dissolution of marriage,” is the legal termination of the marital relationship. The law practice of a divorce attorney primarily centers on representing clients who are contemplating dissolving their marriages. When terminating a marriage, many legal aspects must be addressed. Depending on the type of case and its complexity, there is a wide variety of tasks that a divorce lawyer may perform such as helping divide assets, settle spousal and child support issues, making child custody arrangements. For legal separations, a divorce lawyer carries out the separation through court orders. The terms of a divorce are usually determined by a court, though they may take into account prenuptial agreements or postnuptial agreements. Courts may also allow the parties to agree privately to terms for the divorce, subject to the court’s final approval.
Divorce law deals with a legal proceeding governed by state law that terminates a marriage relationship, requiring a petition, or complaint for divorce or dissolution by one of the parties. A fault divorce is one in which one party blames the other for the failure of the marriage by citing marital misconduct or other statutory cause for judicial termination. Abandonment, desertion, inability to engage in sexual intercourse, insanity, and imprisonment are other causes of fault divorces. No fault divorce is where neither spouse is required to prove fault or misconduct on the part of the other and one party must simply state a reason for the divorce that is recognized by the state, such as incompatibility, irreconcilable differences, or irretrievably broken. An uncontested divorce is a proceeding in which a person sued for divorce does not fight it and instead reaches an agreement with the spouse during the proceedings.
Family law is a legal practice area that focuses on issues involving family relationships, such as adoption, divorce, and child custody, among others. Family law attorneys can represent clients in family court proceedings or in related negotiations and can also draft important legal documents such as court petitions or property agreements. Family law attorneys help their clients file for separation or divorce, alimony, and child custody, visitation and support. Family law entails marital property, alimony, paternity, emancipation and prenuptial agreement. A prenuptial agreement is an agreement made between a man and a woman before marrying in which they give up future rights to each other’s property in the event of a divorce or death.
Divorce is when each partner hires his or her own attorney, who will help devise a settlement plan in order to avoid a trial. Court order and settlement agreements involving both custody and support usually are included in the larger divorce case. Paternity cases are filed by the mother in an effort to secure child supports payments from an absent father.
Business law and commercial law are two areas of legal practice that have so many overlapping issues that most attorneys who practice one will also have expertise in the other. Commercial law focuses on the sale and distribution of goods, as well as financing of certain transactions. Business law focuses on the other aspects of business, including forming a company, mergers and acquisitions, shareholder rights, and property issues such as leasing office or warehouse space. Business law is regulated by both state and federal law. Each industry faces its own unique business law issues. An attorney with experience in the type of business that your company conducts will be able to give you more practical advice and help you find a solution to your legal issue.
Legal ethics is the minimum standards of appropriate conduct within the legal profession. It is behavioral norms and morals which govern judges and lawyers. It involves duties that the members owe one another, their clients and the courts. Respect of client confidences, candor toward the tribunal, truthfulness in statements to others, and professional independence are some of the defining features of legal ethics. Common violations of legal ethics includes: neglect and lack of communication, commingling, solicitation and malpractice. Attorneys must respond to and remain in reasonable contact with their clients, keeping them properly informed and fully explaining matters that are crucial to their respective cases. Attorneys must keep their clients’ trust accounts separate from their personal or other accounts. Attorneys may not be misleading, fraudulent, or deceptive in their advertising.
Employment law is a broad are encompassing all areas of the employer/employee relationship. Employment law consists of thousands of federal and state statutes, administrative regulations, and judicial decisions. Many employment laws were enacted as protective labor legislation. Some specific areas that employment law covers includes: collective bargaining, employment discrimination, Employee Retirement Income Security Act, unemployment compensation, sexual harassment, wrongful termination, pensions, workplace safety, and worker’s compensation. Employees and even prospective employees may not be discriminated against for certain characteristics, such as gender and nationality. Harassment in the workplace occurs when inappropriate sexual behavior prevents the victim from doing his or her job. Employers may not fire you out of retaliation for a legal complaint or for protected characteristics, such as race, gender, pregnancy, etc.
White Collar Attorney
White collar crime describes non-violent criminal activity in the commercial or business realm, typically committed for financial gain. This type of criminal enterprise can describe a wide variety of illegal acts and schemes. The one common denominator is crime committed through deceit and in pursuit of monetary gain. The most common white collar crimes are various fraud, embezzlement, tax evasion, and money laundering. White collar offenses can be committed by individuals or corporations. Embezzlement is improperly taking money from someone to whom you owe some type of duty. Criminal tax evasion is a white collar crime through which the perpetrator attempts to avoid taxes they would otherwise owe.
Real Estate Lawyer
The legal definition of real estate or real property is land and the buildings on it. Real estate law governs who may own and use the land. The practice area of real estate and property law deals with a variety of related issues, including the following: rights and interests in real estate and real property; sales, purchases and other transfers of real estate and real property; legal aspects of rental property and landlord issues; tenant’, renters’ and homeowners rights; title to real property; settlement of claims against property rights; property development; zoning and land use; loans and foreclosure and more. Real estate attorneys are not legally required at every transaction, however, hiring one can be very useful for the average home buyers.
Criminal lawyers work with individuals accused of a crime and represent their cases in criminal court. Criminal offenses are defined by federal, state, or local laws and can range from serious crimes like murder to minor infractions like speeding. Minor offenses may only be punishable by a fine or a short term probation. Violent felonies could result in years in prison, life sentences, or even death penalty, depending on the circumstances and jurisdiction. A felony is a serious crime punishable by more than a year in prison. A misdemeanor is a crime with punishment less severe than a felony; usually punishable by less than a year in jail.
The role of a bankruptcy lawyer is to help clients deal with court proceedings to reduce or discharge their debt or to file for bankruptcy. Clients may be either individuals or corporations. He or she may represent either the debtors or the creditors, creditors’ committees, or bankruptcy trustees.
Typically, a bankruptcy attorney guides their clients through the complexities of bankruptcy laws and helps them to reduce their debt by liquidating assets and paying back creditors. While their main goal is to help their clients avoid a bankruptcy filing, a knowledgeable bankruptcy lawyer can help clients decide which type of bankruptcy is right for them, whether it is chapter 7 or chapter 13, and guide them through the paperwork and procedures that follow.