3 Tips for Making Splitting Assets Easier
Divorces can, without a doubt, be a living nightmare. They can cause an almost infinite amount of stress and problems. However, hopefully, you and your soon-to-be-former spouse can try to handle a divorce in the most mature manner possible. There are ways to do that, and one such example is doing whatever you can to split assets in the easiest way possible. Here are three tips on how to do that.
Make a List
In order to accurately split your assets, you need to have a list of what your assets actually are. To that end, make a list of everything you own together. This means all possessions of any real value, as well as any shared financial assets, like bank accounts, retirement accounts, college accounts and more. This list will serve as an excellent starting point between you and your divorcing spouse, as it will allow you to get a good look at what assets you actually possess.
Let It Go If It Doesn’t Fit Your Needs
Divorce is a huge lifestyle change, one that will impact more areas of your life than you may initially realize. As such, remember, your needs will change, and the types of possessions you need to maintain may change with them. For example, let’s say you are splitting cars. A full-size sedan is longer than a compact car, overall giving more space. If you no longer need that much car size as a result of your divorce, it should be an easy thing to give up in negotiations.
Keep Your Perspective Other-Centered
Of course, when it comes to a divorce, you need to watch out for your own interests and make sure that your financial future is protected. However, as best you can, keep in mind that your perspective needs to be focused on others: Namely, any kids impacted by the divorce.
Whatever your decisions are when it comes to providing for your financial future, make sure to keep in mind that it is the interests of your children which should guide any conversation. However, that cuts both ways, and that’s the perspective you need to impress on your ex-spouse.
Don’t expect divorce to be easy. It almost never is. However, there are ways that you can make it easier, and that’s an important distinction. With proper planning, appropriate guidance and a real desire to make life easier on both parties, you can get a divorce and split your assets with minimal pain and heartache.
You might also like: 5 Things to Expect During the Divorce Proceedings
How to Know the Lawyer You Hire Is Worth the Money
Depending on your situation, a lawyer can have a major impact on the course of your life. They can defend you in a lawsuit, ensure you get fairly compensated for your work, fight for your kids in a child custody lawsuit, and more. Of course, for many reasons, lawyers can be extremely expensive, and you want to make sure you only invest your money in an attorney who will get you the results you need. As such, making the decision about what lawyer you will hire isn’t something you want to take lightly. Here are three ways to make sure you are getting your money’s worth with an attorney.
Look at Their Track Records
You should be able to check an attorney’s success rate and the types of law they practice relatively easily. Look at Google and an attorney’s own website to see what sort of cases they practice and what legal resources they are able to access. Furthermore, all court records are now online. You can usually search those records by an attorney. Try doing that and evaluating the success rate for an attorney you are considering hiring.
Use Review Sites
Review sites like Avvo draw from a variety of sources to provide information about each lawyer. There are also many other review sites that you can use to get this information. All of these websites can help you make an informed judgment about an attorney. However, be warned: No matter how good an attorney is, at some point, they have probably angered a client. Don’t let one or two bad reviews scare you off of a lawyer. However, if you see bad reviews repeatedly, and they all say similar things, you should probably think twice about using that attorney’s services.
Check Professional Ethics Records
Lawyers are prohibited from representing clients in cases where they have a conflict of interest. All states have professional review boards that examine ethics complaints against lawyers. Before hiring an attorney, make sure to type their name into these searches and confirm that no ethics complaints have been successfully made against the attorney you are considering hiring.
Hiring the right attorney is a decision that can, quite literally, change your life for decades. This decision is one you must take seriously and diligently. As such, do your homework before making any decisions about what attorney to hire. Make sure you ask friends for feedback and use the above three steps to determine if the attorney you are considering hiring is right for you.
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What Health and Safety Protections Can Employees Expect Businesses to Provide at the Workplace?
The ideal workplace for an employee is equipped with the right plans and equipment needed to keep them safe. This is a place where they can concentrate on their responsibilities without the fear of getting themselves or others hurt. However, are business leaders taking the proper precautions to provide this for their employees? The following list includes a few health and safety protections employees can expect from their places of work.
Relevant PPE
Unfortunately, not all risks in the workplace can be eliminated, especially at a manufacturing company or in the field of construction. This, however, does not excuse a business from taking all of the precautions that are necessary. The owners of your company must provide their employees with proper PPE relevant to their job responsibilities. PPE stands for personal protective equipment and clothing. This equipment must be in functional order and of the exact type recommended by local governments. When PPE is provided to employees, they must also be shown how to use it correctly; after all, having the right protective equipment is only half of the equation.
Signs and Warning Labels
No matter if you work in a factory or high-rise office building, there are going to be areas of risk at your workplace. Therefore, employers are required to post correct signs and warning labels in these areas. Most workplaces are required to uphold OSHA standards, which may include the accurate use of GHS labeling directives. This also includes that employers provide you with the necessary training to handle or identify the various warning labels around your workplace.
Job-Requirement Transparency
When you are seeking a position at a company, it is crucial to obtain a written description of your job duties. This is incredibly important because having an employee handle chemicals or equipment that they have no experience in can be dangerous to themselves and those around them. In fact, in many states, changing a person’s job description is illegal. Thus, you should always expect a clear and transparent job description from your employer.
When it comes to the workplace, it is paramount that employers take all the necessary steps to keep their staff comfortable and safe. Employees also have a responsibility to record and report any violations when it comes to their safety. Utilize the information posted above in order to create a strong, knowledgeable foundation regarding what is expected in the workplace in terms of safety.
Read more workplace legal information in this article: How to Determine Your Status as an Employee or Independent Contractor Under California Laws
What You Should Do When an Injury Forces You to Stop Working
It’s never fun to get injured, but all the resulting repercussions can negatively impact many areas of your life, including being able to work. Being forced to stop working due to an injury can be a big blow financially, in addition to the toll it takes on the other areas of your life. If you are in this situation, there are some ways you can seek help.
File a Workers’ Compensation Claim
If an injury has forced you to stop working, the first step you should take is to file a claim with your workers’ compensation insurance. This can help cover medical costs related to your injury. You should talk to your employer as soon as possible, then ask them to give you a workers’ compensation claim form. Your employer will then submit your claim to their insurance provider.
Before approving or denying your claim, the insurance company will conduct an investigation. If your claim is approved, you’ll start receiving benefits. Even if the insurance company denies your claim, you have the right to appeal. If this is the case, you should speak with a lawyer as soon as possible.
Apply for Disability
In addition to filing a workers’ compensation claim, you should apply for Social Security insurance benefits. When you apply for disability, you will be interviewed by a Social Security representative—this will take at least one hour. You can save time by starting the application process online, although you will still need to keep your appointment with the Social Security representative.
In order to be found disabled by the Social Security Administration, you must be unable to do any substantial work because of your injury or medical conditions, and your medical conditions must have lasted, or be expected to last at least one year, or be expected to result in your death. The amount you receive from the Social Security Administration will depend on your average lifetime earnings.
Talk to a Professional
A good support system is essential when you’re going through a medical crisis. Talking to a professional can help you make a plan for how to cope with your current injury. There are many different professionals you should consider talking to. Speaking with a job coach can help you make a career plan. Consulting with a lawyer will help you know your rights and navigate the process of applying for workers’ compensation and disability. Getting the help of a financial consultant will allow you to protect yourself financially as much as possible.
If you are forced to stop working due to an injury, take heart. Filing a workers’ compensation claim, applying for disability, and talking to a professional are three ideas that can help you get started on the process of healing and recovery.
For more tips, read this next: What Health And Safety Protections Can Employees Expect Businesses to Provide at the Workplace?
How to Protect Your Trucking Business from Liability
If you own a trucking business, it’s probably not news to you that working as a trucker can be a risky job. Along with the risks to workers comes a certain level of business liability. People should expect their employers to provide a reasonably safe work environment. But what about the business end? A business liability issue can cripple a company. How can you protect your trucking business from liability?
Take All Safety Precautions
One of the best things a business can do to both protect their employees and themselves is to make safety precautions the standard operating procedure. In the case of truckers, this may mean writing guidelines into company policy that lay out how the company expects truckers to behave. This might take the form of limiting the number of hours a trucker can drive in a day or without taking a break. Or you might mandate a certain amount of hours be taken for sleeping. Of course, wearing a seatbelt should be non-negotiable. These, and other safety precautions can help truckers stay safe and protect a business from being held liable for failing to ensure worker safety.
Cover Yourself with the Right Insurance
Another important move trucking companies can make to protect themselves from liability is making sure they are covered with the right insurance. Of course, figuring out what the right insurance is can be a little tricky. In order to get the insurance that’s right for you, start by identifying what risks impact you the most. Once you know what you need to be covering, you can start looking for insurance that covers those risks. Workers compensation is pretty standard, no matter what industry you work in. According to Balsiger Insurance, on-hook coverage protects you if you are pulling another vehicle. Cargo insurance can help protect you in the event of your load being lost or damaged. As with all types of insurance, it’s important to read the policy carefully and make sure you understand exactly what is and isn’t covered.
Regular Training
Providing regular training to your drivers is another important way to protect your business. Driving simulation technology allows drivers to learn and practice practical skills in a safe, controlled environment, increasing their chances of successfully using these skills in situations that might otherwise end very poorly. If your fleet transports hazardous materials, consider training focusing on how to handle them safely. You might also consider lifestyle training that teaches truckers how to stay healthy. Depending on the training, you may be able to do it virtually or through online courses, which can make it more accessible to those on the road.
Protecting your business from liability issues is important. And fortunately, it’s not terribly difficult. Things as simple as providing regular training, making sure you’re covered by the right insurance, and emphasizing the importance of taking safety precautions are all great places to start.
Read this next for more great advice: What You Should Do When an Injury Forces You to Stop Working
What You Need To Know Before You Build A Custom Garage
Laws for Building a Custom Garage
First and foremost, before a single shovel of dirt has been dug, you need to familiarize yourself with all the construction-related laws you should know before you build. These laws may reflect any type of customization including garage restrooms, custom garage cabinets, garage floors.
Lot approval
Ownership of land doesn’t mean you can do what you want with it. Further, everyone may not have been as careful as they should have been in the past, and laws can change over time, so the presence of an existing structure on a lot doesn’t mean it’s there legally.
However, property records are available to anyone. You’ll want to get the parcel map, find your APN (assessor’s parcel number) and make sure your parcel is an approved building site before you build. You can search online to find out where to go for records in your area. They are typically held at the county court Custom Garages, the county recorder’s office, city hall, or another city or county department such as the tax assessor’s office.
Zoning
Zoning laws cover how land can be used, and what type of building is permitted on the land. Zoning information is available to the public.
Talk to your local zoning office, city hall, or other local planning board about obtaining the zoning information relating to your lot to make sure there are no restrictions or regulations that would prevent you from building in your desired spot, and obtain their permission before you build. This is different than a building permit, which we’ll cover later.
Ordinances and Covenants
Even small rules and regulations can interfere with your build. It’s up to you to ensure your proposed build is in compliance with local ordinances and covenants.
Your zone might be approved to build a certain type of structure, but a local ordinance restricts the size or height of that structure. You’ll want to obtain written approval from the planning commission or commissioner in your municipality to ensure you’re good to go. The best place to find this information is typically your town’s city hall or mayor’s office, department of housing, or other local government office.
If you are building where there’s a Homeowners Association (HOA), you should also ensure the build is in compliance with neighborhood covenants. If you don’t have a copy of the covenants as an owner in the community, they might be available from the local county assessor’s office.
The bylaws of a community aren’t required to be recorded publicly, but you should at least be able to find your HOA contact’s information at the county assessor’s office, from whom you can request a copy.
Building Codes
While zones determine land usage, building codes deal with physical structures on the land and the details of the structure. In the U.S. as well as several other countries, these codes are a standard covered under the International Building Code (IBC). While some of this has to do with fire prevention, these codes also reference and are inclusive of other codes, such as the International Plumbing Code and the National Electric Code.
If your area uses the IBC, it adopts the other included codes along with it. Usually, your project’s engineer, builder, or contractor will make sure all aspects of the build meet code, but you can and should research them yourself. Many codes are available online by doing a specific search, but your city or town should have a local building codes department if you can’t find what you want.
Permits and Plans
Of course, a building permit is needed if you are building or remodeling a Custom Garage, and you’ll need to submit your plans for approval to your local code office. This includes drawings of the structure, measurements, floor plans, what material will comprise the exterior, and an elevation view. Your plans should include the amount of possible toilets, custom garage cabinets, floors, ceiling height, ventilation.
Under the law, the person who obtains the permit is considered the contractor for the project and is liable for construction-related damages. As the homeowner, you can partner with others in this process, but ultimately it’s on you to make sure your ducks are in a row.
Be clear with anyone on your team in this journey about who will be pulling (filing) permits, such as a contractor or builder, with a full understanding of when each permit needs to be obtained. If you’re working with a contractor who even hints at skipping this process, run.
You typically will need multiple, additional permits for different systems if you’re building a new home. If you’re replacing outdated pipes or installing an underground sprinkler system, for example, you’ll need a plumbing permit.
You may also need electrical, mechanical, and even grading permits depending on what your are building. An experienced contractor will pull all the required permits when needed.
Permits: Help or Hindrance?
Permits should be accounted for in your budget and can also affect your timeline. Include time and costs for permits before you build, even if your project is only a renovation or addition. Some people see obtaining all of these permits and following the rules as cumbersome, but a good, smart builder, architect, designer, or contractor will never skip these important steps.
How to Avoid Lawsuits Related to COVID-19
One of the big concerns on the minds of businesses as they reopen is the potential to be sued by employees or consumers who may contract COVID-19 after visiting their business. There has been enough concern that some states have even passed laws that protect businesses from such lawsuits. Regardless of whether or not your business is in one of those states, there are some things you should be doing to protect your business.
Monitor Employees
As an employer you are responsible for providing your employees with a safe work environment. Monitoring them for symptoms is one of the things you should be doing to protect them from contracting COVID-19. Consider implementing screening measures, such as taking employee temperatures, before beginning to work. If employees show signs of illness, send them home instead of requiring them to continue working. This will help prevent you from being negligent in protecting the other employees and your customers from whatever illness your sick employee has.
Floor Markings
When it comes to keeping workplace transmission down, repetition is the best strategy. Regular, repeated reminders help a message stick. Sure, you could ask people to keep their distance verbally or with signs, but floor markings may be more helpful. Floor markings can be a great tool for visually reminding customers and employees to keep their distance. They help everyone visually understand how far apart they should be. They also make it obvious that you as a business are trying to reduce the spread of COVID-19 and are taking precautions where you can. By doing so, you help protect your business from being sued for negligence.
Document Everything
Keeping good records of the measures you are taking to prevent the spread of COVID-19 serves a dual purpose. It helps protect you in the event of a lawsuit by providing evidence that you were not negligent in your efforts. Careful record keeping also protects your business because of what you have to do to record something. If you’re keeping records of employees you’re sending home, that means you’re sending them home. Recording when bathrooms are cleaned means you’re more likely to clean them regularly. Documentation is one way to improve employee accountability and provide evidence that you as a business are doing your part.
It’s important that you do your due diligence as a business to protect yourself from lawsuits related to COVID-19. Monitor your employees, utilize floor markings, and document everything. This can help establish patterns of healthy behavior that reduce the risk of employees or consumers contracting COVID-19 on your premises and thereby reduce your risk of being sued for it.
Read this next: How to Protect Your Trucking Business from Liability
CBD and the Law: What You Need to Know
CBD has become the latest trend in natural health products available. You can find CBD gummies, oils, capsules, lotions, and a plethora of other products that allow you to treat common pains and ailments with CBD. But just because it is popular and can help treat issues doesn’t mean that you don’t have to pay attention to legality. Here’s a brief rundown on the issues with CBD and the law.
Why Use CBD?
For those unfamiliar with CBD, this question is among the first that they ask. While the research on CBD is just getting started, the preliminary results show a promising ability to help with a large number of conditions, both neurologically related and physical. Many people use CBD for pain, anxiety, depression, epilepsy, insomnia, fever, rheumatism, and other similar conditions. For those with chronic conditions, many find using CBD easier on their body than prescription drugs that may have severe side effects or run the risk of addiction. Because CBD is naturally derived and contains less than 0.3% THC, it generally removes both of those negative aspects.
Source: https://www.hemmfy.com/blogs/guides/complete-guide-cbd-oil-benefits-uses
Is CBD Legal?
The short answer to this question is that it depends on where you live. Currently, 34 states allow legal possession of CBD, 16 have some level of legality with restrictions, and 1 state (Idaho) classifies possession of CBD as illegal. Even though the 2018 Farm Bill legalized CBD on a federal level if it was derived from hemp and contained less than 0.3% THC, it is still up to the states to modify their restrictions and make the final decision on the legality of hemp possession. It is especially important to be aware of different state restrictions if you plan on traveling. While most legal enforcement targets distributors or manufacturers, you don’t want to unknowingly violate state laws and end up with a mess on your hands.
Source: https://www.buscherlaw.com/state-hemp-legality
What Does the FDA Say?
Even most of the states with restrictions allow for the use of CBD as a legitimate medical treatment, when prescribed by a doctor. Because the FDA has the authority to regulate these products, this has become a source of a lot of questions for people. At this current time, the FDA has only approved one medication containing CBD, which is used to treat seizures. If other products are marketed as a treatment they may become subject to regulatory action from the FDA. They can still be sold, they just can’t claim to be a medical drug. That’s not to say that there will never be any other products approved. FDA regulations and approvals are made after scientific research has assessed the safety and effectiveness of the products. While this is a longer process than some people may want, it is a way to advance the use of CBD as a medicinal treatment.
Because CBD is still in the beginning stages of being studied and legislation is ongoing, it is important to keep up to date with the latest legal news for CBD. If you feel like CBD would be helpful for you, it would also be a good idea to consult with your doctor first.
How to Navigate Legal Issues With Elderly Parents
Navigating legal issues with elderly parents often isn’t easy for the parents or the child. It can be difficult for parents to accept that they aren’t as able as they used to be and that they are likely to continue to decline, albeit hopefully at a slow rate. It brings into stark reality that the child will lose their parents sooner rather than later. As difficult as it may be, there are some legal issues that it is really important to get on the same page about.
Managing Finances
Financial management can be a touchy subject. For many people, personal finances are a very private matter. Letting someone else get involved can be difficult, even if it’s their own children. This can be an important step to preventing elderly financial abuse though, so it’s important to discuss how finances will be managed. Discuss sources of income, necessary expenditures, the overall state of finances, and the need to establish a financial power of attorney. Be patient, kind, and understanding. Help your parents understand that this is for their benefit and that it doesn’t mean they are losing their independence . They’re just getting a little extra help.
Planning Long-Term Care Solutions
For many caregivers, there comes a time when the burden of care becomes too much for them to handle personally. This can happen due to a wide variety of circumstances, including the progression of diseases such as Alzheimer’s. Caring for an elderly parent who suffers from Alzheimer’s is incredibly taxing. There’s a lot to keep up with, including treatment options. Traditional Alzheimer’s treatments rely on limited pharmaceutical care solutions. Holistic approaches aren’t any more able to provide a cure, though they can help improve quality of life. Before the disease progresses, take some time to discuss long-term care solutions, such as having in-home nursing assistance or the transfer of care to a long-term care facility.
Planning End-of-Life Care
Discussing end-of-life care is another difficult legal subject, but no less important for it. Your parents may prefer to receive hospice care over care with the purpose of curing ailments. There are different levels of hospice care that you should discuss together. Discuss whether or not your parents want to have a DNR order. It can be difficult for children to hear that their parents prefer to be allowed to pass on instead of having potentially life-saving care administered. Try to see things from their point of view. They may not want to be left suffering after CPR is administered and may find it easier to just be kept comfortable as long as possible.
It’s important to navigate certain legal issues sooner rather than later. Having a plan for these things can help make life easier for everyone. Do your best to have these plans in place before they are needed to help make this time of life as simple as possible for all involved.
Read this next: How to Know the Lawyer You Hire Is Worth the Money
3 Major Factors That Can Complicate a Divorce
There are plenty of couples out there who may eventually come to the decision that it is time for a divorce. No matter what, a divorce will be a messy and often painful experience for both parties. However, it’s important to be aware of some of the main factors that complicate a divorce.
Debt
In any divorce, attempts are made to split things evenly. However, splitting debt evenly can be tricky. One thing that makes it complicated is the differing laws in each state. Some states simply split the debts evenly. Some determine what debts each individual brought into the marriage. In some cases, a judge may decide to split the debts depending on the assets. If someone has bigger assets, they might also get a larger share of the debt. Overall, it’s messy and it depends on each individual case.
Jointly Owned Property
Things become very complicated when it comes to dividing things that both spouses own. Property law is complex when it comes to splitting a jointly owned business. In some cases, the couple may come to an amicable decision and agree that one of them will become sole owner. It may even be possible for them to both agree to continue to run a business together. In other cases, things may not be so simple. The couple may not always come to an agreement and the law may not always be able to resolve issues.
Kids
For a couple with no children, a divorce is far more straightforward. However, once children are involved things can become complicated. Many will debate what is fair for each parent, but it’s also important to understand the ramifications divorce and separation will have on children. There is a great deal of trauma and emotional hardship that can befall the children during a divorce. Young children may become confused and more vulnerable. Some children blame themselves. Older children have a tendency to blame one parent or the other. If you have children and are going through a divorce, it’s important that you become aware of the psychological impacts on the children and how to help them cope in a healthy way.
While there are factors that cause issues, you shouldn’t try to make things harder. Don’t think of a divorce as something you can win. Both of you must try to come to an amicable agreement and recognize that it will be hard for each of you. Be aware of what factors will cause complications and try to work through them peacefully.
Read this next: 5 Things to Expect during the Divorce Proceedings