Examining the Latest Legal Developments and their Impact

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How Does Divorce Work

How Does Divorce Work?

Sadly, the rate for marriage ending in divorce has escalated in the past few years/decades.  Once upon a time people married and stayed together, through thick and thin, for life.  Often, though there were irreconcilable differences, people stayed together for the sake of the kids as they knew the turbulence of divorce and the divisiveness that results is often difficult on the kids.  But sometimes the relationship becomes intolerable and you seek an exit, vowing that you will not let the kids suffer the consequences of this faltered relationship.

Types of Prenups

Types of Prenups

The wedding plans are in motion and it seems that there are a million details to attend to before the big day.  While you, ever the romantic, are pondering over what color butter cream roses should adorn the wedding cake, your intended tells you he has made an appointment for both of you to see a divorce attorney.  “A divorce attorney?” you ask with a smirk on your face.  “Why would we see a divorce attorney – we’re not even married!”  “To get a prenuptial agreement in place” is the response.  Immediately your eyebrows go up in a quizzical manner and you feel your mouth form a perfect “O” as you feel you might faint dead away.

While this scenario might sound like it straight from out of the afternoon TV. soap operas, it is a scene that happens more and more these days.  In an age, where nearly half of all marriages eventually are dissolved, one can never be too prudent.

What is a Prenup

What is a Prenup?

The mood is just right… a romantic, candlelight dinner for two in an elegant restaurant and when the dessert arrives, there is something much sweeter than the crème brulee, as the gentleman suddenly pulls a velvet box out of his chest pocket and pops the magical question to the woman.  We’ve seen enough romantic movies to know that the question is “will you marry me?”  After the young lady answers in the affirmative, suddenly there are a flurry of decisions to be made and many details to be dealt with before the big event.

But, should one of those details be putting a prenuptial agreement in place before the wedding day?

Nothing puts a kibosh on upcoming nuptials more than talking “prenup”, a word commonly used to describe a prenuptial agreement, or a “contract” that is created between two people before they marry.  This prenuptial agreement may exist between two heterosexual individuals, or, a same-sex couple.

When you read the title of this post:  “What is a Prenup?” you might have scoffed at the topic, thinking prenuptial agreements are just for the rich and famous and not applicable to everyday people.  If a budding romance seems headed to marriage in the near future, you should check out some of the reasons why you might want to consider the practicality of a prenuptial agreement, rather than merely dismissing it as something that is irrelevant to your relationship.

Water Crisis in Flint

The Water Crisis in Flint

Most people never give a thought to walking over to the faucet and filling a glass with sparkling clean water.  Likewise, there is not much thought about the cleanliness of the water that you use to cook, brush your teeth, bathe in… even washing your clothes.  That is, unless you live in the city of Flint, Michigan.

By now, most U.S. residents, if not people from around the world, have heard about the plight of the people of Flint, Michigan and their water crisis.  The story has dominated the national, and even international, news for months.  The presidential candidates, particularly the Democratic candidates, have publicized the story, visited Flint multiple times and requested Flint be the host city for a CNN candidate debate on March 6th so the focus of the media would be on Flint.  Many people in Flint, as well as other cities and states, felt it was wrong to politicize their dilemma, but really – how can you not react after hearing that as a result of Flint’s contaminated water there have been 6,000 to 12,000 non-fatal injuries, and most assuredly, there will be more down the road.

Phased-Out Retirement

What is Phased Retirement?

By now, you know the drill… that early morning regimen.  The alarm buzzes; you hit once, maybe twice – ugh, you have to get up or you’ll be running late.  Did you ever stop to think how many days of the same routine and how many days until you can retire?  I’ll bet you’d be surprised to find out many people don’t look forward to retirement, especially those in careers or jobs that they really love.  But, eventually, even if you’re in business for yourself, there is a time to shut it down and enjoy your golden years.

For people who don’t want to just quit their full-time job “cold turkey” because they are still healthy and enjoy their livelihood, and they worry about what to do with all their spare time, they might want to consider a growing trend in the workplace called “phased retirement” which is a form of job-sharing.  In a nutshell, it keeps the near-retiree viable and doing a job they love, plus allowing the opportunity to mentor an up-and-coming young person, who one day will take over their job, having secured all knowledge about the position from the person who did it best.  The new employee is happy, the elder employee is happy, and even the boss is happy since he does not have to worry about covering that position with an inexperienced worker.  It is a win-win situation all around.

One of the top legal questions posed these days is how does phased retirement work, and, if so, could it work for me?

Paternity Leave

What is Paternity Leave?

This is not your father’s workplace when it comes to time off for dads after the birth of a child.  Your dad probably had to use a personal day or vacation day for the birth of each child, and was expected back at work the next business day, passing out cigars, then his nose was right to the grindstone.

Conflict Between Employees

How to Deal With Conflict Between Employees in the Workplace

Conflict is just a fact of life.  Even when we were toddlers, it seems we had issues and were verbal about what we didn’t like.  We argued with our siblings about our possessions and our “standing in the family”… even though being the oldest didn’t always trump other factors.  Things didn’t change once we got to school either – there was always something to whine about it seems.  No two people are alike and we are not cut from the same cloth so there is always bound to be disagreement among our peers.

In the workplace, disagreement and dissension among the ranks is also common.  Sure, there is the differences of opinion over college sport teams and that rivalry is acceptable.  Even the occasional political bickering over one’s favorite candidate or values, as long as it does not get out of hand, may be the topic bandied about the water cooler.

Drop The Box Initiative

What is The Drop The Box Initiative?

On Monday, November 2, 2015, President Obama introduced the concept of the “Drop the Box” initiative in a speech given at Rutgers University in Newark, New Jersey.  The President announced a new executive order which will be geared to prohibit federal agencies from requesting job applicants to reveal if they have a criminal record.  This initiative is part of Mr. Obama’s overall criminal justice reform effort.  The “Drop the Box” initiative would allow prospective employees not to check a box on some federal applications that acknowledge a criminal record, which essentially thwarts any potential employee who possesses a criminal record from obtaining a government job.  The President says he hopes that one day all companies could abide by this principle, not just federal agencies, and cites the good works of large companies like Koch Industries, Target and Wal-Mart who have already eliminated the question posed of a prior criminal record from their job applications.  Now, it is up to Congress to pass the legislation and push for nationwide acceptance of the “Drop the Box” campaign.

Definition of Spouse

What is The Definition of Spouse?

You might remember when your father referred to your mother as “the little woman” or “the wife” – that was commonplace in years past and I really doubt that Dad would be able to identify his main squeeze using either phrase nowadays without raising some hackles.

There are many definitions that identify someone’s significant other and recent laws have caused employer benefit policies to be revamped as a result.

The ACA

New Reporting Requirements Under The ACA

By now, most Americans are familiar with the terminology “ObamaCare” or “The Affordable Care Act” – the two are interchangeable.  The Affordable Care Act, often abbreviated simple as the “ACA” was signed into law on March 23, 2010 by President Barack Obama.  It was our 44th president’s goal to give everyone in the nation healthcare that was accessible and affordable.  He was able to realize this dream which was fueled, in part, by his mother’s death from liver failure as she lacked the funds and insurance to battle that disease successfully.