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Income or property acquired during the marriage is deemed to be divided in right manner

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Consumer Class Action Lawsuit Q & A

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A surprising number of consumer legal rights claims are combined into class action lawsuits before ever going to trial. Do you know why? This informative article will help you to understand what a class action lawsuit suit is, why cases are combined by consumer class action attorneys, as well as ways that everyday consumers can make the most out of a class action suit.

Q: Just what is a consumer class action lawsuit anyways?

A: Consumer class actions lawsuits are filed in state or federal court and are created by one individual, or possibly a few people, regarding an issue that affects a lot of people negatively. Typically it seeks damages (compensation for harm done) pertaining to the named persons pursuing compensation combined with the individuals from the protected class. For example, vehicle class action lawsuits are often brought forth by people affected by a particular type of automobile within a particular time period, and experience the same types of damages.

Q: What situations usually result in consumer class action lawsuits?

A: Generally, claims concerning mass accidents or disasters, certain product defects, or violations of condition consumer protection laws and regulations and rules might be qualified for any class action lawsuit under state and/or federal law.

Q: Under what circumstances does it make sense to go from single case to class action?

A: The classic cause for utilizing a class action lawsuit for compensation is to merge the smaller sized litigation claims into one that includes a lot of people. Sometimes, pursuing each case individually restricts consumers from getting their full compensation. Mixing many relatively small claims, however, may justify the cost of suit and boost the chances for a successful outcome, especially against large companies with lots of attorneys.

Q: How do the attorneys get paid?

A: Typically lawyers who concentrate on class action lawsuit litigation work take cases around on what is known as a contingency fee. Meaning the lawyers collect the amount of money for their fee as a result of the verdict or settlement awarded to their clients. Should there be no dollar recovery, the lawyers are compensated with nothing.

Q: What court will my class action take place in?

A: The courts used for state and federal proceedings oversee class actions. Some instances, for instance people proclaiming violations of certain federal laws and regulations, might be introduced only in federal court. Generally, the class action lawsuit techniques usually end up in state court.

Q: How does the process play out?

A: Each time a scenario is introduced, such is the case with a class action lawsuit proceeding, the court decides first whether or not the case should be a class action by determining certification. Then, the parties proceed toward trial in line with the claims inside the situation. Settlement discussions can occur anytime inside the situation. Legal court must approve any settlement and may order notice to obtain the class action lawsuit suit individuals who certainly are bound having a settlement agreement or possibly a dismissal in the situation.

Q: What’s with opting in and opting out?

A: In some types of class actions, a category member may choose for themselves whether or not they want to be included in the settlement. In the event you receive notice from the settlement and make the choice to opt out, you may accept the settlement terms or choose to not have access to the award resulting from the settlement (you might like to opt out, for example, because you need to make your personal claim). If you do not return a paper stating your need to opt out, then you definitely certainly are needed to follow along with the the settlement.

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Researchers Reveal Top 5 Reasons Couples Get a Divorce

torn piece of paper with divorce text and paper couple figures

There are many marriages that last a lifetime, some only last a few years and then there are some that only make it a couple of months. Studies are being conducted as to the reason behind the increased rate of divorce among couples and what the main causes for them are.

A study conducted by psychologists and divorce lawyers came up with top five reasons couples get a divorce. They are as follows:

1. They are not committed to each other

divorce2-640x2670The idea of a wedding is often so exciting that couples get swept up in all the extravagant planning of the gowns, the romantic honeymoon and all the exciting celebrations that go along with it. The whole idea of marriage is based on this special day they are planning and they aren’t giving enough thought to what it will actually be like to live with this person for years to come.

One research conducted by the National Fatherhood Initiative showed it was a lack of commitment as being the biggest reason for divorce. Couples become lazy or one of the spouses will no longer attempt to work out problems whether they are emotional, physical or mental. For such people, it becomes easier to get a divorce and dissolve the marriage rather than work out problems.

2. Couples argue too much

Couples have admitted that by getting married they thought they would work out their differences over time. This rarely if ever, is the case as high conflict relationships do not usually stand the test of time. The most destructive type of arguing is where one spouse always has to be the winner. A lot of couples will continue to argue a subject until one gives in. If this becomes the pattern of the arguments, the loser will eventually become frustrated and start fighting back. This is when petty arguments turn into more serious ones that eventually have the couples deciding they have had enough arguing and just want to get a divorce.

3. Lack of communication

In some couples when communication breaks down and they begin to under appreciate each other, devalue or fail to understand each other’s point of view; the marriage begins to fail. Marriage should be about mutual respect for each other and where both look out for the other. The marriage begins to fall apart when one or both negatively judge the other, criticize too much or over-use sarcasm when referring to each other.

In some marriages competition and encouragement is healthy and it can inspire both spouses, but in others it turns into rivalry and a constant battle to outdo the other.

Men and women see love in different ways. Women tend to look at love as caring, understanding, loyalty and recognition. Men tend to look at love as appreciation, approval, admiration and acceptance. It takes a basic understanding of this difference and knowing how your spouse thinks so that mutual appreciation can be gained. Partners need to care for each other in ways they will both value.

4. Cheating

Cheating on your spouse is the cause for over 50% of marriages. Experts report that cheating on your spouse usually begins as one spouse or the other goes looking for emotional support in someone other than their spouse. The emotional affair eventually turns into physical ones and while many couples say they will try and work out the situation, that loss of trust is often hard to restore. Many times a spouse who has been cheated on will either intentionally or subconsciously push their partner away. If trust has been dissolved in a relationship, loss of respect will soon follow.

5. Getting married too young

The Centers for Disease Control and Prevention report that almost half of all teenage marriages will dissolve during the first fifteen years. Couples who wait to marry until they are in their mid-twenties, shows number fall to under 40 percent. These are the years where we all go through life-altering and character building experiences from being on their own. This is when we move out of our parents’ home and set up our own, enter college or begin our careers.

During these life-altering years, couples will often grow up and find they have grown apart. Priorities change as a person grows and often couples who marry too young find their priorities don’t match and they begin to drift apart. When couples find they have “outgrown” each other, they often get a divorce.

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Can My Wife Take Money From My Personal Injury Verdict During a Divorce?

Law document with personal injury on itDuring the time of divorce, many factors work in the process of dividing the marital assets. Usually apart from the gifts and inheritances, other properties accumulated in marriage are considered as the marital assets that need to be divided equitably among the spouses during their divorce.

Many people find themselves in peculiar situations such as they have received a larger amount of settlement due to some personal injury (tjryanlaw.com) verdicts involving car accidents. Now they cannot make out whether their spouse can claim the settlement money during their divorce or not.

Yes, in such situation a wife can claim some of the settlement money. The amount depends on the timing when the spouse demands the settlement and the type of damage for which the husband or wife has been compensated. Now marital assets are considered jointly as long as the finalized date of the divorce decree. The date of divorce decree is the last date of accumulation of the marital assets in equitable division.

If the settlement money from the personal injury verdict is received before the final date of divorce decree, it is considered as the joint asset where the spouse can claim his or her portion. If the settlement is received after the finalization of divorce, then the entire amount will go to the spouse entire considering it as the part of his/her total assets.

In some cases, if your spouse does not claim the recovery amount as the joint asset, it may benefit him or her, based on the circumstances. For instance, if it is considered as the part of your total assets, your spouse may argue specifically that you have the ability to pay lump sum alimony.

Personal injury lawsuit statisticsIn that case, you need to pay more rather than showing the amount as the joint assets. However, the entire amount is not divided, as some of the damages will be considered as your ‘personal damages’ for which you are compensated that will not be dividable.

For different types of injuries, different amounts are paid for personal injury claims. However, there damages assigned for the medical expenses, lost wages, and the loss of property considered as monetary damages. There are also personal damages where monetary amount is paid for the things like suffering and pain, loss of consortium, emotional distress.

As per the law, since a person owns compensatory damages as personal amount, these are not dividable. Therefore, the spouse cannot demand on the settlement apportioned as ‘loss of consortium’ or ‘pain and suffering’ as these are not dividable among the spouses during the time of divorce. In case of gifts and inheritance, the same rule is applied where these are considered as the personal property of the spouse and hence these are undividable.

However, the amount assigned as monetary recovery such as lost wages and the medical expenses are dividable because both the spouses remain affected for the loss of income and expenses. Therefore, your spouse has the right to claim on that recovery as the joint asset during the time of your divorce. However, your divorce attorney who claims the amount on behalf of your spouse can handle the entire matter.

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What You Need to Know About Property Distribution During Divorce

property-division-300x187Other than the loss of a relationship and custody disputes, the greatest issue arising from a divorce is the problem of how to divide property, debts, and assets. The simplest way to resolve this is to settle the division between yourselves. If you cannot come to an amicable agreement, a divorce court will help you in one of two ways depending on the laws in the state you live in.

Community Property

If you live in Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin or Puerto Rico- the court will handle the division of your property according to this version of the law. All marital property will be defined as community property or separate property. Community property will be divided evenly, and separate property will be kept by the owner.

Equitable Distribution

All states other than those listed above follow the law of equitable distribution, more often than not. The judge or arbiter will determine how all of the property will be divided. The judge or arbiter may split everything evenly down the middle, (which is easier said than done), or decide that one party deserves a greater percentage of the property for a number of reasons.

If your divorce is a contentious one, it is not realistic to try to divide everything based simply on its dollar value. Property can, and should, be divided based on who acquired it, to whom it is more valued, and to whom it is more valuable. All of this can, in the end, become the purview of an arbiter if the two parties cannot find any points of agreement. It’s important to understand which assets will be important for your long and short term security. Making this determination can be challenging short of a thorough understanding of an asset’s cost basis, liquidity, and tax implications.

Before this can be discussed, however, it’s important to know the difference between Marital Property and Separate property, and why the difference is critical. Some states have different definitions of the two types of property- but these definitions will give you a clear enough basis on which to go forward with your process.

Separate Property:

  • Property that was owned by either party before the marriage
  • Inheritance received by either party before the marriage or after the divorce
  • Gifts received by either individual from a third party

Marital Property:

All other property owned during the marriage is marital property. Property that is deemed marital property is so labeled regardless of who owns a given item or in what way the property has been titled. Even private items, hobby paraphernalia, and gender specific things can fall into this hotly contested category.

Few people realize that however personal a given item may be- if it was acquired during the marriage- it is marital property. Many people assume otherwise and take it for granted that they have secured ownership of a given item, or that they have no right to a given item. The truth can be quite a shock in these cases.

All property acquired during the course of the marriage is Marital Property and may be awarded to either party of they cannot come to an agreement.

Consulting an attorney who specializes in divorce law can often times be the only way to navigate the many pitfalls of a contentious divorce.