How Long Are Divorce Proceedings Expected To Last?

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Learn How To Find The Best Family Attorney For Any Aspect Of Collaborative Law

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What the Role Is of a Family Law Advisor

If there are any minor or major issues within a family, they may need to receive family law advice and to help resolve the situation. It is not necessary to get support of lawyers in every domestic violence case, but it will be good to consult them in some instances. When compared with other legal fields, domestic violence or divorce cases tend to be much more peaceful and do not include as complicated laws as some other fields.
Usually, there are some typical divorce cases where people will need the help of a family law advisor such as dealing with child custody or in deciding where the alimony should be paid. If there are issues in a case and a couple is not able to solve it by themselves, then they may need to seek outside help. Prior to consulting any attorneys, you need to make sure that there are lawyers who have relevant experience and a proven track record with domestic cases or have handled similar cases before. However, if someone is on good terms with their ex-spouse, then there may not be any need for lawyers and things can be sorted out mutually. Actually, it is advised to have good relation with their spouse, so that their kids are not affected and they would not suffer any kind of emotional trauma.
The services of family law advisors are not limited just to helping a family that is splitting up but many family issues can be solved through their assistance. For example, if a couple is planning for an adoption, then they may need the support of an attorney as the process requires lot of paperwork. These attorneys can also implement stipulations on parents who are very abusive or not fit to look after children.
A family lawyer should also have the ability to prevent child abuse. There are many instances where young kids require legal assistance in terms of domestic violence or abused and it is the right for every child to live in a happy and loving family. These lawyers should then take the responsibility to search for the best family who can adopt them.
In retrospect, families will have disputes and many will be resolved quickly and mutually. However, there are some more serious cases that may need legal intervention from family law advisors to settle them effectively and to prevent the situation from worsening or happening again in the future.

Hawkins Law firm is located in the Snead Building in Arab, Alabama. Hawkins Law LLC assists individuals and businesses with a broad range of legal services including Litigation and Appellate Advocacy. For more information call now (256) 586-4510 or visit our website HawkinsLawLLC.com.

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Why Is It Important To Know Family Law?

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Many Employers Must Order a Pre-Employment Screening, But Many Others Choose To Be Prepared

Certain professions require pre-employment screenings before the hiring process can be completed. Medical professionals, teachers, law enforcement officers, bank tellers and many other employment opportunities require a pre-employment screening. Federal regulations are in place regarding some of these positions, and pre-employment screening is not optional on the part of the prospective employee or the employer. The reasoning behind these mandatory screenings has to do with the access to privileged information and the potential abuse of power.
Medical professionals have access to information that has been deemed private by the federal government. Medical records are only accessible via a warrant or with patient permission. Because of that access, medical professionals must be beyond reproach. They also have access to people in a vulnerable state. A doctor or nurse could take advantage of patients, when they have little physical mobility. This is particularly true with the elderly, children and psychiatric patients.
Teachers are in a position of power with children. Because of this they are subject to the most stringent level of pre-employment screening and must be fingerprinted before they can start working in a classroom. Fingerprinting is the most effective way to find out information about prior criminal records. Law enforcement officers face the same level of scrutiny because the level of public trust placed in them is tremendous. Courts value officer testimony above civilian testimony, making it essential that they be worthy of that trust.
Bank tellers have access to private financial information. The temptation to steal or embezzle is present on a daily basis. Those with financial crimes in their background are not suitable for employment at a financial institution. Poor credit history may also negatively affect potential employment at bank. Pre-employment screening for those entering the financial industry usually includes a credit assessment. Those that have poor credit are more likely to be tempted by illicit financial gain.
These employers are required to perform pre-employment screening, but it is becoming common place in many industries. While only information pertinent to a job is supposed to be considered, many hiring officials find it difficult to separate that information. A conviction for dumping large amounts of trash may show up as a felony, but it has nothing to do with a person's ability to sell home improvement products. Unfortunately, many hiring managers only see the felony conviction, not the fact that it is for glorified littering. Consider ordering a pre-employment screening for yourself before applying for any position, not just those forced to require a background check.

BackgroundChecks.com is the leader in background check and employment screening. We maintain the largest Criminal Records database with 345 million criminal records nationwide.

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Are You an Employee or Self Employed?

The answer to this question will affect a lot more than PAYE and tax returns. Employees have a number of employment rights and protections which self employed workers to do not. For example employees are entitled to statutory redundancy payments, to claim for unfair dismissal, maternity and paternity rights and a number of other rights which do not cover contractors and self employed individuals.
What if the contract says that you are self employed?
It is of little importance, from a legal viewpoint, what if anything the contract between an individual and his client or employer says about his status. The courts and tribunals are interested in what the 'actual' relationship is and not what the parties have tried to label it. An employer cannot contract out of his obligations to employees by simply giving them a contract which states that they are self employed.
If the contract is not decisive then what is the test for whether a worker is an employee?
Unfortunately, despite hundreds (if not thousands) of legal cases being heard on this very issue, there is no clear or definitive test. The courts or tribunals have to consider a number of issues in order to draw a conclusion taking into account the overall picture and all of the circumstances in each case. The factors which are considered are:
Mutuality of obligation
Is the 'employer' obliged to provide work for the 'employee' and if so is the 'employee' obliged to do that work? This would clearly indicate that the relationship is indeed that of employer and employee.
Personal service
Can the 'employee' send someone else to do the work on his behalf? If so, this would clearly indicate that he is in fact self employed as he is simply providing a service rather than being personally employed to carry out his employer's instructions.
Control
Can the 'employer' dictate when, how and by what means the work or job is to be carried out? Again this would clearly be indicative of a contract of employment.
Other factors
The courts and tribunal will look at all the other factors in the relationship to establish whether they are consistent with a contract of employment or not.
Despite hundreds of cases being heard on this topic each case will turn on its own facts and there is no set formula. You may wish to ask yourself the following questions:
Do you work exclusively for one client?
Do you invoice them for work or do they just pay you?
Do they pay you regularly or by direct debit?
Do you use your own tools or are they provided for you?
Can you send other people in to do your work or are you expected to do it personally? For example if you fancied a day off could you arrange for another person to do the job?
Do you have a regular and consistent work from them?
Do they exercise control over you as to when and how you are to work?
If after asking the above questions you are still unsure about your employment status you should consider taking legal advice and possibly advice on your tax liability position.

Gustav Patrick

Article Source: http://EzineArticles.com/?expert=Gustav_Patrick

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Independent Contractors: Taxation and Liability - Most Common Issues

With almost one in ten people still jobless in the U. S. , many unemployed workers are turning to independent contractor work, bringing new opportunities - and challenges - to American workplaces.
These alternative arrangements offer both employers and contractors added flexibility and oftentimes financial benefits they couldn't derive through traditional employer-employee relationships. But they also bring some challenges that need to be addressed in order to protect both parties. The majority of those issues center on taxation and liability.
Employers must withhold income taxes on employees' compensation and pay 50 percent of the employees' payroll taxes. Independent contractors pay their own income tax and 100 percent of their payroll taxes. If a person fails to pay these taxes, the Internal Revenue Service will seek payment from the business if they perceive the person to be an employee. But if it's clear that the worker is an independent contractor, the business can't be held responsible.
Likewise, businesses may be liable for the actions of employees when acting on behalf of employers; whereas independent contractors are liable for their own actions. That means if someone causes injury or property damage on the job and he or she is your employee, your business can be held liable and the injured party can seek reimbursement or damages from you and your insurance company.
But if that person is an independent contractor, he or she - and his or her insurance company - will be responsible for damages.
Further, if an employee is injured on the job, the company may be responsible for any worker's compensation claims as a result of the injury. That's not the case if the worker is an independent contractor.
Clearly, it's important to understand the differences between employees and independent contractors, and respect the delineation. The IRS and courts primarily look at three factors when distinguishing the difference: behavior, finances and nature of relationship.
Workers are more likely to be viewed as independent contractors when they have

• a separate business entity such as a corporation;
• a written contract with the company that defines the relationship (not an employment agreement); and
• other accounts in addition to the subject company.
• Conversely, workers are more likely to be viewed as employees when the company
• requires the worker comply with instructions about when, where and how the work is to be performed;
• the company provides training for the worker;
• the company requires the worker to perform services personally as opposed to subcontracting labor; and
• the company provides compensation or benefits that look like those of an employee's.

When you consider hiring someone, it's safest to decide up front whether that person will be an employee or an independent contractor based upon the true nature of his or her relationship with your company. Then stick with that decision.

Robert P. Smyth is an attorney with Johns, Flaherty & Collins, SC, ( http://www.johnsflaherty.com/ ), a full-service law firm based in La Crosse, Wis. According to the Martindale-Hubbell Law Directory, Johns, Flaherty & Collins, SC, has more top-rated lawyers than any other La Crosse law firm.

Article Source: http://EzineArticles.com/?expert=Robert_P._Smyth


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