Tag Archives: law

What Happens with Spousal Health Insurance After Divorce?

Health Insurance ApplicationYou can learn online how to get a divorce in Utah, and you could find a legal practice that can help you through the process. With all the procedures, documents, and tasks that need to be done in a divorce, Kelly & Bramwell, P.C. noted that you might forget the small details. Child custody and asset division may be important in a divorce, but the management of your health insurance coverage matters too.

Divorce Ends Health Insurance Too

In a divorce, you may think that you can continue to rely on a spousal health insurance coverage that you have through your spouse’s employer. Unfortunately, you lose that coverage once you finalize your divorce. Post-divorce, you will have to apply for coverage for yourself, and that can be quite a hassle if you fail to deal with it early in the divorce proceedings.

Option 1: Extend the Coverage

To extend your insurance coverage, you can appeal to a federal law called Consolidated Omnibus Budget Reconciliation Act (COBRA). Under this law, you can qualify for continued coverage through your spouse’s employer if the company has 20 or more employees. You can give the health plan administrator notice within 60 days post-divorce to avail of COBRA coverage.

Downsides of COBRA

Now, for some people, COBRA coverage can be expensive. Under it, you shoulder the entire premium because your spouse’s employer is not required to subsidize the costs. In fact, you may even be charged an extra 2% for administrative costs. At the same time, COBRA coverage only lasts for 36 months.

Option 2: Get Your Own Insurance

An alternative to COBRA coverage lies in the health insurance provided by your employer. You can look if the provision will only cost little or nothing. If it is, then you’re better off with your employer’s coverage plan. For self-employed individuals, private insurance can also be viable choices that have lesser costs with lengthier coverage than the COBRA option.

Your marriage may end soon, but your health insurance can still stay as long as you replace your current policy with a new one.

 

Child Custody: 4 Pitfalls You Should Avoid

parent holding hand of childFor most couples, the child custody case is the most critical part of their divorce. This is because they view children as the only good thing left from their split marriage. However, there are some mistakes you can do, and you’ll end up sabotaging your case.

Read on and discover some of the pitfalls you must avoid in your child custody case.

Not obeying a courts order

Most parents refuse to follow a court’s order because they think it is not right or it is unfair. Others give an excuse that they thought it was not in the best interest of their children. However, most family attorneys in Wellington will tell you that most judges do not take this lightly. They will take it as disrespect of the court as an institution, and that you undermine their authority and qualification.

So, no matter how it seems unfair to you, just make sure you obey the court’s order to avoid any further legal problems.

The silent treatment

You may be emotionally drained following a nasty break up. It is, therefore, understandable if you desire to keep it to yourself. However, you will still be required to keep your communication lines open with the other parent on matters regarding the children. Failure to update them on the children’s welfare, be it school, health, or routines, could hurt your case.

Remember that this is not just about you anymore; it is likewise about the children’s well-being.

Not keeping your cool

The split up can be so overwhelming and sometimes may push some buttons you never knew you had. But it is important that you remain composed and avoid any incidences that could be detrimental to your case. Being abusive verbally or physically to your ex-partner could cost you your custody case. Avoid any drugs and alcohol abuse, especially during your visitations, as this could cost you more than your custody rights.

Absconding your parental rights

Failure to exercise your parental rights shows lack of seriousness and commitment. If you have been granted some visitation rights, make sure you take full advantage. Spend quality time with your children. Do not be late for the visitations and do not keep procrastinating. Prove to the court that you are responsible and willing to do anything for your children’s welfare.

Knowing what to and what to avoid during your child custody case will go a long way in ensuring that you get a favourable result. By avoiding the above pitfalls, you will be setting yourself up for a successful custody case.

Three Costly Mistakes to Avoid When Choosing a Family Lawyer

Man holding Family Law signFinding the right family lawyer to handle your case, be it divorce, child custody, or mediation can prove to be a herculean task. Many people have lost claims, time, and money because they hired the wrong attorneys to represent them. Below, see some mistakes you should avoid when hiring a family lawyer.

Settling for the first lawyer you meet

This could be a grave mistake unless it’s a lawyer you have known for some time. It’s prudent that you take time and check out the other lawyers, suggests the Law Office of Gordon N. Shayne, a law office based in Colorado. By doing this, you can compare their experiences, service fees, and other factors that make up the right lawyer. You also need to be sure that the two of you click since this is a person you are going to work with for long.

Hiring a close friend or relative

You are under pressure to get a family lawyer to handle your divorce case. Then, hurrah! You have a eureka moment and remember that your best friend or uncle is a lawyer. While hiring a close friend or relative can be easy and cheap, they may have little to zero experience and expertise to handle your case. You need to make sure that they meet all the requirements necessary to take your case.

Choosing a lawyer based on cost alone

As much as the cost is important, choosing an attorney just because their service is cheap or discounted can be a costly decision. It is possible that the low price is for enticing clients and to compensate for their lack of experience. At the same time, hiring a lawyer because they ask the highest fees in the state doesn’t necessarily mean they are the best option. You still have to consider other factors.

Hiring the right family lawyer for your case is important since it will affect the outcome of your case. Make sure to avoid the above mistakes in finding the right attorney to represent you.

Filing a Personal Injury Case: 3 Things You Should Know

a lawyer in his office showing a document with the text lawsuit written in itDid you know that only between 4% and 5% of personal injury cases filed in the U.S. reach a trial? Yes, that’s right. Between 95% and 96% of these cases are settled during pre-trials. If you’re planning to file a personal injury case soon, here are some things you should keep in mind and determine first.

First, you should determine if you have a strong case.

In any lawsuit that you choose to file, it is best to determine first if you have a cause of action. More so, can you win? This is ever so important if you’re filing a personal injury claim. In determining whether you have a strong case or not, here are some elements you should prove first: the duty of care, causation, any breach of the duty of care, and damages.

Second, determine if you have the time for the case.

Do take note that all legal cases have their own timelines. Filing for a personal injury case could take months. Some of the cases even go on for years. Now, make sure that before you start, you need to know if you have the time, energy, and resources to devote to the case. Keep in mind that even if you have a strong case or not, you need to devote so much to the case wherein you can win or not.

Third, provide your lawyer with detailed information regarding the case.

When you’re suing someone for personal injury, you need to prove the non-economic damages that occurred and/or continue to occur after the incident. Many people keep a detailed account of their daily lives after the incident and you need to discuss this with your personal injury attorney in Provo.

One of the keys to ensuring that you have everything you need for a personal injury case is to hire a good legal hand. Consider these tips and find yourself a good personal injury lawyer in Provo to help you move your case forward.

3 Reasons to Become a Nurse Legal Consultant

Stethoscope with a Gavel

Simply put, nurse legal consultants provide medical expertise in legal cases. They are part of a legal team who help lawyers, and other legal professionals read, interpret, and explain medical records in health care-related cases and topics. They also explain the medical terminologies involved in the legal cases. Here are three things you should know about this type of profession.

How Do You Become a Nurse Legal Consultant?

The first thing you need to do is to get your Associate of Science in Nursing (ASN) or Bachelor of Science in Nursing (BSN). After which, you should pass your National Council Licensure Examination (NCLEX-RN). To become a nurse legal consultant, you need to spend five years working as a Registered Nurse (RN). Then, you should work at least two years in the field of legal nursing. After that, you can get your Legal Nurse Consultant Certified (LNCC) by the American Legal Nurse Consultant Certification Board (ALNCCB).

Where Do Nurse Legal Consultants Work?

Certified legal nurse consultants work in various healthcare settings such as hospitals and insurance companies. They also work in several law firms. The majority of them work on a contract-basis, which is very favorable due to flexible work environment and schedules.

How Much Do Legal Nurse Consultants Earn?

When it comes to average salary, a certified legal nurse consultant can make between $49,000 and $64,000. The salary is often highly dependent on the terms of employment. But it’s good to know that many can build and enjoy high-paying careers. In fact, some of the legal nurse consultants in practice today earn higher than their RN counterparts.

Are You Ready to Become a Legal Nurse Consultant?

If you’re already a registered nurse, consider looking into the field of legal nurse consulting and see for yourself if this is something that you’d rather do. There are many perks to the job, including a more flexible work schedule and the environment. Consider these facts if you’re currently deciding to shift gears.

Breaking Boundaries: Digital Learning Expands Possibilities for Students

Online Courses

Educators, students, and even employers have recognized the value of online courses. There have even been plans among institutions to include online undergraduate courses in school curriculums. In fact, a 2014 report from the Association of Colleges reveals that the integration of technological solutions in an inevitable part of future education.

Those seeking a legal career have the option of taking an online paralegal course to supplement their education in the classroom. Aside from the legal industry, however, digital learning is gaining traction in universities due to the various educational benefits it offers.

Expanding Reach to a Broader Student Audience

Online courses offer a different approach to education compared to traditional campus-based teaching. In fact, Stanford University has fully embraced digital learning with its massive online open courses (MOOCs), free courses that students around the world can take advantage of. In the initial release of Stanford’s Artificial Intelligence MOOC, there were 160,000 enrollees of students from 190 different countries.

An Economic Alternative to Campus-Based Study

The prevalence of online degrees gives students the opportunity to improve their qualifications if they have little time or money to enroll in a full semester in college. In fact, there are about 5.8 million students in the US alone who have taken at least one online course. Furthermore, industry giants have endorsed online programs to students. Starbucks offers four years of tuition reimbursement to workers who want to earn an online undergraduate degree from Arizona State University.

An Increase in Student Interest for Online Courses

In the digital age, the interest in online education among students and institutions continues to grow. Online classes are flexible and give students the freedom to use smartphones and apps to keep up with schoolwork. As a result, the prospect of studying an online course is more appealing to students and opens the door to more hybrid models of learning.

Online courses democratize education by making a variety of subjects available to a wider student audience. While there has been a rapid rise in students who want to pursue education online, universities should also show the same enthusiasm in offering established courses online for the benefit of students.

Are You on the Wrong Side of the Law? Consider Your Legal Options

Consider Your Legal OptionsAt times, the need for an attorney is a no-brainer, especially when somebody files a suit or charge and arrest you for a crime. People seek the services of attorneys for expertise and advice all the time, and in all sorts of situations. Whilst you may get through a legal issue without a lawyer (which is not advisable), you should keep in mind that anytime you represent yourself, you’re putting your freedom at risk.

What’s at Stake?

One of the things you should first ask is “What’s at stake?” When your liberties or finances are in danger, Lewis & Matthews, P.C. and other legal professionals say the clear response is to get assistance. A normal parking summon goes against the law, however, you don’t need to seek advice from a lawyer to settle the fine. Nevertheless, if you have gathered a number of outstanding parking fines and a warrant is given for your arrest, you would likely want to get an attorney to help you remedy the situation, and maybe prevent you from serving jail time or save you money.

It won’t hurt you if you consult an attorney, and it might be the best option if you think you have a legal issue such as divorce that you can’t fix yourself.

Litigation Options

In case you can’t afford a lawyer you might want to look for alternatives to fix your legal issues, like the following:

  • Many public utilities and companies offer customer service divisions that successfully address complaints and consumer problems.
  • Many community associations such as civil rights groups, elder associations, and other groups give free legal information and help.

Some legal matters are easier to settle through litigation options, such as arbitration or mediation. Individuals and businesses may agree to use substitute dispute resolution instead of court action to remedy legal conflicts. If you are unsure about your legal rights, it may be worth your time to seek help from an attorney to assess your situation and counsel you on substitute courses of action.

Applying for a Resource Consent: Why, When, and How?

House

HouseAuckland’s local government is very serious about protecting the environment. It is too easy to do irreversible harm to the land if people are too careless. This is why land ownership does not come with absolute rights; even if you own a plot, there are limits to what you can do to it.

If you are planning to build a home, do major earthwork, put in a swimming pool, or do anything else that will significantly affect the land, you will need a resource consent from the Auckland council first.

What is Resource Consent?

The Auckland Council requires two types of consent: building and resource. Resource consent deals mainly with your project’s potential impact on the environment. Requirements will depend on the impact in not only your land, but the surrounding area as well. If you are planning on designing and building a new home, you will also probably need a building consent.

What is the application process?

The application for a resource consent will depend on several factors, which can make it very complex. Many experts like Cato Bolam Consultants warn property owners that a single mistake can set the process back and lead to unnecessary costs. The actual steps will also depend on which kind of consent the developer needs.

  • Land use consent
  • Subdivision consent
  • Tree consent
  • Certificates
  • Regional consents

Depending on your project, you may have to process applications for one or more of these. The council provides advice on what types of consent you will need, along with any additional steps you need to take.

How long does it take?

The council requires you to get a resource consent within 20 days of your application, but the actual process can take longer depending on issues that may come up. In most cases, the council will “stop the clock” to give you time to look into problems that may come up in their assessment of your project. Occasionally, the process can take months before you get the Resource Consent you need.

Getting a resource consent is not a simple process. The council does expect that you will get professional help to get it done right. It is possible to do it on your own, but it will not be straightforward, and you may pay more fees than you expect. At the very least, you should consult with an experienced planner to help you along the way and keep your costs down.