Posts by Nestor

How to Prepare for a Divorce

Posted By on May 24, 2018

When you are considering a divorce, it can be a very emotional time in your life. Filing for a divorce in Georgia is a difficult decision to make, and it can expose a lot of emotions. Whether the decision was quickly made after a spouse crossed a red line in the relationship or the decision was developed over the course of months or years of misery, divorce lawyers usually understand that the person you married is not the person you divorce.

To get the best results from your divorce attorneys, it’s important that they have a clear understanding of your financial situation, and you want to be sure to discuss any potential short-term and long-term goals you might have. If you are planning on meeting with a dedicated team of attorneys, here are a few things to consider before your consultation:

  1. Shared assets – Marital property is anything that was attained during the marriage. There are lots of things that can be considered the couple’s property and can include homes, vehicles, jewelry, furniture, and much more. Georgia is a common law property state, which means that if a spouse purchases property in their name, it is likely that they will retain ownership after the divorce. If both names are on the property’s deed, such as a mortgage, then both parties have a one-half interest in ownership.
  2. Child support – If you and your former spouse have children, then you will both be obligated to provide for their financial needs until they are legally emancipated. The court gives this right to the child, not the parent who receives the child support. If an agreement cannot be reached between the two parties, then it may be the court’s decision to ultimately determine how much money each parent is required to contribute.
  3. Alimony – When a former partner is required to provide spousal support, a lot depends on the state in which the judge presides. Alimony is a quickly evolving and controversial area of law that the courts will need time to consider. Before spousal support is mandated, the courts will reflect on how long the marriage lasted, how old the spouses are, their emotional and physical health, their relative standard of living, education levels, amongst other things.
  4. Custody of the Children – Child custody is one of the strongest points of contention during the divorce process. If the parents are to be equally involved in the child’s upbringing, the judge will assign joint legal custody to one parent. That essentially gives both parents equal rights to make major decisions about the child’s future, but it gives only one parent the final decision-making privilege for certain aspects of the child’s life, such as their religion, education, medical, and extracurricular activities.
  5. Documents – Bring evidence and documentation of anything that may affect the topics mentioned above. You will need to work closely with your divorce attorney, and they will need all the information you can provide to do their best.
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Construction jobs are one of the most dangerous jobs on the market. Working at skyscraping heights, doing risky tasks, the life of a construction worker truly is “on the edge.” Because of the added liability that comes with working in the field of construction, it is important to understand the opportunity you have for taking legal action against the company that put you in danger.

Construction accidents are so common that this September 2017, two construction accidents, that both ended fatally, occurred just hours of each other. For one of the construction sites in question, this was not their first fall that caused a death on the scene.

The first incident on this day occurred in the Financial District of Manhattan. A 43-year-old, father of five, fell to his death from a 29-story fall. While his identity has not been officially named, his cousin, reported the victim to be Juan Chonillo, of Ecuador. NBC 4 claims that Chonillo lost his balance, leading to his fall. It is also reported that Chonillo was, in fact, wearing a harness, however, the harness was not clipped in, and so he fell onto a scaffold bridge just above the sidewalk, 29 floors down, and was pronounced dead at the scene.

The second incident on this same day occurred on Ninth Avenue. This accident was the result of a bucket lift that plunged two workers, ending in death for one. Witnesses on the scene recall seeing the workers being harnessed in, but not properly connected to the bucket itself. A 45-year-old was declared dead after the incident. It was at this construction site where another worker had fallen to his death in June of this year.

In these cases, the final result was death, which means it is up to the victims’ loved ones to continue life without them, and without their income. Everyone deals with death in their own ways, but no matter who you are, you do not want to have to deal with financial burdens while you’re in the process of grieving. Thankfully, there are lawyers that can help you and your family.

If these cases do not apply to your circumstance, you, yourself were injured on site, there is still legal action that can be taken. The inability to work or perform to the best of your ability is not to your own fault, but rather the company that hired you. Taking legal action can help compensate for your medical bills, your inability to work, and your pain and suffering.

The New York Lawyers of Hach & Rose are familiar with the dangers of the job. Saying that “working on a construction site comes with many inherent risks and dangers, but that doesn’t mean you don’t deserve compensation if you were injured due to a negligent co-worker or employer.” It is important to understand that you need compensation, and lawyers will handle the rest. Focusing on grievance or recovery are truly the most important things after any sort of accident, let lawyers handle the rest.

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Divorce and House Foreclosure

Posted By on Jun 26, 2017

Division of properties, assets and debts during divorce can be very contentious as each spouse will naturally fight for what they hold to be personally theirs, as well as make a claim on what can be considered marital property. However, when it comes to debts, majority more than willingly give up any claim and let their former partner experience all the benefits in settling everything.

The reality for so many American couples is many owe a huge amount of money – on loans for their cars, mortgages on their homes, and credit card bills for either due to real emergencies or “emergency” purchases. All these debts may not present any substantial effects, at least to a few, so long as the spouses stay together; however, when their marriage falls apart, to whom do the bills go with?

Couples who file for divorce should know that courts give as much importance to debts as these do to assets and properties. A divorce judgment includes a judge dividing debts and assets between spouses. While courts generally divide assets and debts equally, these can also be divided according to each spouse’s circumstances in life. Thus, a spouse who receives more property and/or earns more might be assigned more debt.

State laws vary when it comes to division of debts and assets in divorce. While some states observe the community property rule and so divide everything to divorcing spouses equally, others observe the equitable distribution rule so that assets and earnings accumulated during marriage are divided equitably (fairly), but not necessarily equally.

Regardless of what rule is observed,  an article posted in a website found at,, say that in the midst of any divorce, it is overwhelming to think about all of the legal aspects that you must account for when setting up your new life. Not only are you undergoing a formidable change within your relationship, but also you have to make arrangements to accommodate your new family dynamic. You will have to make decisions regarding your finances, estates, assets, and relationship with your children.

One major effect of divorce is actually the continuous payment of home mortgages. A house usually goes to whoever is awarded custody of the children. But what if, in this scenario, payment of mortgages will be required of the non-custodial parent? How likeable will this be to the spouse paying for a house which he or she knows he or she will never get to live in?

It is possible, of course that, due to changes in his or her financial circumstances, such spouse will no longer be able to pay the mortgages. At other times, though, he or she just decides to stop paying the mortgages. In this instance, creditors can come after the particular spouse responsible in making the payment, even though, originally, both parties were responsible for the loan. This is done to protect the rights of the creditor. If payment lapses for about three months, then the house may face the possibility foreclosure.

In the case of the second scenario above, the custodial parent can petition the court to enforce the divorce agreement for the continuation of the mortgage payments. Your former spouse will then have to appear in court to explain why he or she is not following the court order and may be punished with fines or jail time.

The Plano foreclosure lawyers know the home is the most important possession people will ever own. That’s why a foreclosure on their home can be one of the most challenging experiences to go through. Not only can a foreclosure cause lasting damage to an individual’s financial standing, but it can also deprive them and their families of the place they have called home for years. Sadly, there are far too many situations in which lenders wrongfully foreclose on a home.


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Serious Injuries from Car Accidents

Posted By on Mar 11, 2017

Serious Injuries from Car Accidents

Car accidents have many forms, such as head-on collisions, rear-end collisions, sideswipes, single-vehicle crashes, and rollovers. But whatever kind of car accident you experience, it does not change the fact that you are likely to sustain serious injury if the accident is forceful enough. Worse, there may even be fatalities.

According to the website of these Brownsville car accident attorneys, those who have been hurt because of negligent drivers may take legal action, like trying to get compensation for the damages they have sustained.

Head Injuries

The head is a very vulnerable body part when it comes to car accidents. Vehicle occupants may hit their head on hard surfaces, like steering wheels, roofs, windshields, and pavements. They may also be hit by debris, such as loose vehicle parts, glasses, and rocks. These may result into face disfigurement, skull fracture, and brain damage.

Neck Strains

Accidents happen unexpectedly, so the occupants of the vehicles involved will likely have relaxed bodies. If the neck is in a relaxed state, it may get damaged on the sudden shaking of the vehicle upon impact, resulting into neck fracture or whiplash. Neck problems are particularly dangerous on head-on collisions, rear-end collisions, and T-bone accidents.

Back Problems

Back injuries can be sustained the same way as neck strains. The back of vehicle occupants, when caught in a relaxed state, can be damaged because of the jolt of impact. Rear passengers can also be at risk on devastating rear-end collisions, where another vehicle has pierced through the rear end of their car. The worst back injuries involve the spinal cord, as it may cause sensory and motor problems.

Chest Damages

Airbags, seat belts, and other safety devices can save your life, but they don’t necessarily defend you from all possible injuries. In fact, they may even contribute to damages. High-impact accidents, combined with effective restraints such as seat belts, may have enough force to damage the chest area. The worst damages involve broken ribs, and how they may affect the heart and lungs.

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Swimming pools are fun. They help you counter the heat, enjoy under the sun, and have quality time with your family and friends. But sometimes, even fun things can be very dangerous.

Swimming pool accidents are not that uncommon. When you look at it, a swimming pool is not the safest place to be in. There are a lot of factors that may not go your way, and that may result to injury or death. Below is a list of the common causes of swimming pool accidents.

Impairment or lack of swimming skills

Alcohol and drugs can have physical effects, including comprehension and coordination issues. These issues may result into the victim not being able to properly make decisions in the pool area and cause an accident to himself or the others around him.

Not knowing how to swim is also a major factor in many swimming pool accidents, primarily because the victim will not be able to save himself.

Lack of adequate barriers

Owners should have the responsibility of making their swimming pools not too accessible, and the best way to do this is by putting barriers or fences around the pool, to prevent easy entrance from children and other people who can be very vulnerable near water.

Having a barrier or fence is not enough. Owners should also make sure that these are actually strong and high enough, or else we might be seeing a drowning accident in the area.

Lack or improper use of signage

There should be proper signage and warnings in and around the pool to inform patrons of possible dangers. These may include reminders of not diving on shallow waters, not running on the edge of the pool, or signs that indicate the depth of water in a particular part of the pool.

The absence or improper use of these signs put unsuspecting swimmers at risk, especially those who lack swimming skills and those who have the tendency to be reckless on the edge of swimming pools.

Defective Design

Defective design may refer to unintelligent design of the swimming pool or a malfunction in its components. Defective designs may include pool drain issues, sump pump issues, and other problems that may be a sign of failure to comply to reasonable safety standards.

According to an informative article on the website of Russo, Russo & Slania, P.C., swimming pool accidents are covered in product liability laws. But you should also remember the fact that swimming pool accidents can still happen because of your own doing. So in the end, your first line of defense against swimming pool accidents is diligence.

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