Whose Fault is This Divorce Anyway?

Author: MelissaGordon  //  Category: Legal

Sometimes couples separate because their marriage was just not meant to succeed. They may well separate on good terms, with no rancor or bitterness, because things just did not work out for them as a couple. Other times it will be down to irreconcilable differences. They may just have been poorly matched to start off with, but still, it is nobody’s fault, and after a period of separation they can agree to a divorce and go their separate ways for good, to pursue other dreams. And then sometimes there is someone to blame. This kind of divorce will often be brought unilaterally by the spouse who has been the victim of whatever wrong has been committed.

But what constitutes a “fault”? What are reasonable grounds to bring a divorce case, potentially occasioning a large financial pay off when the case goes through? Generally, it requires some amount of wrongdoing on the part of the defendant. The most obvious, and most common reason why couples get divorced is pure and simple adultery. As the standard marriage vows say “forsaking all others”, if one party in the marriage is prepared to have an affair it is reasonable to conclude that they have broken their marriage vows. Adultery generally will entail sexual contact with a third party outside the marriage, but it is not obligatory for sex to play a part. If one party has been dating or romantically involved with a third party, this is enough to constitute adultery.

Another reason accepted as constituting a “fault” in a fault divorce is desertion. If one partner spends more and more time away from the marital home, they may be divorced on the grounds of constructive desertion – continuing absences hinting at a likely eventual departure. Equally, they might just leave the marital home altogether, at which point they are liable to be taken to court on that basis.

It is also possible to file for divorce on the grounds of physical or mental cruelty. In the case of mental cruelty this will need to constitute a repeat offence, as one case can easily be put down to misinterpretation or potentially provocation. But in the case of physical violence, once is enough to justify bringing a legal case to end the marriage. Equally, so may insanity – defined as no longer being of sound mind, which may constitute grounds for divorce on the basis of fear for personal safety – as may alcohol or drug abuse for similar reasons.

It may also be possible in some states to divorce a partner for sexual impotence or for the comparatively worse crime of infecting the other spouse with a venereal disease. It is NOT considered acceptable to divorce a spouse due to being bored in the marriage, nor may you divorce someone for snoring. Some protection needs to remain for the institution of marriage, after all, and if there are minor problems the idea is that you work on them. Divorce may be easier than before, but just cause still needs to be presented to dissolve a marriage.

Disclaimer: This article is for informational and entertainment purposes only, and should not be construed as legal advice on any subject matter.

LegalBuffet.com is a complete online resource that compares the legal services offered by various online companies. Find the best company for your online divorce needs at http://legalbuffet.com/divorce-services /.

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Senator Schumer’s Tickets Legislation Not Quite As Advertised

Author: RyanD.  //  Category: Legal

Perhaps U.S. Senator Charles Schumer was inspired by Trent Reznor. Recently, the Nine Inch Nails front man posted an article on his band’s website calling for the demolition of the secondary ticket market.

Maybe Senator Schumer was outraged over the February incident involving Bruce Springsteen tickets. Fans trying to purchase tickets to one of his concerts were directed away from Ticketmaster’s main website to the website of their subsidiary, TicketsNow, a ticket reseller. On that site, tickets were being sold for considerably more than their face value.

Whatever his inspiration, Schumer’s proposed anti-scalping laws do little to add transparency or eliminate the mechanisms that frustrate fans.

The bill Schumer plans on introducing to congress imposes a two-day waiting period on tickets. Resellers must wait 48 hours, starting from the time tickets first went on sale by the primary provider, before they can resell tickets on the secondary market. The legislation also forces ticket resellers to obtain a federal registration number from the Federal Trade Commission.

While the measures included in the bill seem like logical steps to level the playing field between the consumer and the reseller, they do little to combat the real scourge of the secondary ticket market and that’s the artists and promoters. Most of the tickets sold by resellers are provided by the artist or the promoter in hopes of profiting from their high markups.

A famous example of how an artist can find an extra revenue stream in the secondary ticket market occurred last August and involved the sale of Neil Diamond tickets.

Less than a minute after tickets went on sale for several of his performances at Madison Square Garden, more than a hundred of the best seats in the house were available on TicketExchange.com, another Ticketmaster subsidiary. This practice has been confirmed by former Ticketmaster chief executive Sean Moriarty.

Due to the large amount of “A” list artists connected to Ticketmaster, this practice may be utilized by Britney Spears, Celine Dion, Bon Jovi, Van Halen, Billy Joel and Elton John. Depending on the tour, and the artist, having a pipeline to the secondary ticket market can create an additional $2 million in revenue.

By the way, Ticketmaster Chief Executive Irving Azoff is also Diamond’s personal manager. Their relationship highlights just how closely intertwined the entities are within the ticket industry.

In returning to the bill’s stipulations, the two day waiting period is quite curious. There’s no real reason for a consumer to go a reseller if there are still tickets available from the primary seller. Therefore, if an event is sold out the arbitrary waiting period just delays the inevitable for 48 hours.

The registration number called for by Schumer’s bill is useless unless it identifies the artist or the promoter as the seller. Certainly the artist and the promoter will take the necessary precautions to hide their true identity.

The legislation does not apply to season ticket holders, ticket packages or tickets to entertainment series. The bill will require that hard copies of tickets be labeled with the date and time of their sale. However since “scalping” is legal, this bill does not outlaw the practice, a time stamp seems to have little consequence.

And “little consequences” seems to be the theme of Schumer’s legislation. This may explain why Ticketmaster supports the bill.

“I am very happy to support Sen. Schumer’s thoughtful proposal and leadership on this issue. [It] is a very important step in reforming the process and bringing transparency to the on-sale process,” Azoff said in a prepared statement.

In his article, Reznor calls for the ticket industry to adopt several measure which will greatly hamper, if not eliminate the secondary ticket market. He calls for limiting the amount of ticket sales per customer and printing the customers’ names on tickets. The name on the ticket would have to match their identification in order to enter the venue.

As proactive as those measures appear, the secondary ticket market will continue to be a thorn in the side of consumers, as well as Reznor’s, as long as they ignore the fact that the greediest part of the industry could be the artist.

Ryan Hogan writes for AuthorityTickets, a secondary ticket industry news and information blog and event tickets website.

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Personal Injuries Solicitors: The Benefits of Getting One

Author: MarkHudson  //  Category: Legal

Perhaps, by now, you already know that when you get injured at work or some other place not because of your own doing, you may be entitled to make a claim. Then again, even though you may be aware of this, you may not really know how to go about it.

Making a claim can in fact be a tedious and often frustrating experience if you are going to do everything on your own. There are a lot of technicalities that you need to go through, and not being legally minded or well versed in legal terminology, understanding these things can be very difficult. So if you want to go easy on yourself and increase your chances of receiving the maximum amount of compensation for your claim, the best thing to do is to hire the services of a specialist personal injury claim solicitor.

A personal injury claim solicitor is someone who has the skill and experience to help you through the process of filing for your personal injury claims. He can help you a lot in getting the maximum amount of compensation that you deserve, and making sure the process is and quick and easy as possible. It is even possible for you to get a 100% compensation guarantee, meaning all losses you incurred as a result of the accident can be covered. Whether or not you will be provided with a 100% compensation guarantee will usually depend on the type of accident claim you are intending to make. For example, it may not be possible to get a 100% compensation guarantee for clinical negligence claims, attack claims and accidents abroad.

The first time you meet your personal injury solicitor, he will most likely present to you a comprehensive list of all the situations and circumstances by which you can make a claim. Then he will assess your case and see if it has enough bearing in court. He can offer you legal advice too, so that you will be guided accordingly on the right thing to do.

It’s really a good thing to get the services of a personal injury solicitor. This way, you will not have to go through a lot of pressure and stress because a lot of the burden will be shouldered by your solicitor. What’s more is that you get a very good chance of recovering all your losses financially in order for you to move on with your life.

When choosing a personal injury solicitor, you should make sure you pick a solicitor that works on a no win no fee claim basis. This is certainly beneficial, as if for any reason your personal injury compensation claim is not successful, you will not have to pay the legal costs of your solicitor, which could be quite a lot of money. Most personal injury solicitors will be able to provide a no win no fee agreement, but you should make sure before you sign anything with the solicitor. It may depend on the type of accident you have had.

Looking for a personal injury solicitor? Grange Online Media operate several website which help with no win no fee compensation claims. We can help with all types of accidents, including car accident claims and whiplash compensation claims.

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Car Accident Claims – What to Do If You Get Involved in Car Accidents in the UK

Author: NicholasTate  //  Category: Legal

UK is considered to be among countries that have the best road safety conditions. In spite of all this, there are still many accidents that occur on daily basis. The number of these accidents prevails further in winters when the weather and road conditions become somewhat unfavorable. Many safety measures are taken by people to reduce the probability of a possible accident. However, it is not completely possible to avoid accidents at all.

As far as road safety measures are concerned, roads in the UK are known to be among the best.

The number of accidents in UK that are of serious and fatal nature is over forty thousand on yearly basis. The number of people killed each year in the accidents is more than thirty five hundred. In order to avoid accidents at maximum, you should limit your driving to such conditions where there is no other solution besides driving. Other than that, you should also avoid driving in bad weather conditions.

In case, you unfortunately encounter an accident, it is very important to take the right steps in order to save yourself from any further trouble. It is important that you remain calm after an accident so as to save yourself from any further damages than the ones already being done. As soon as the accident occurs, you should determine the extent of injuries to the people involved along with the damage done to the vehicle.

Getting panicked never helps, so you should think rationally and not do anything that might cause further problems afterwards. One thing you should be careful about is not to discuss the accident with anyone else other than the police. This is important because sometimes in panic you don’t realise what you’re saying. In addition, you should not admit your fault or admit anything in front of anyone. The only people you should talk to about the accident are the police officers and your insurance agent.

Even if the accident is a minor one, you should report to the police so that there is a legal report, and presence of evidence that the accident actually occurred. You should not leave the accident scene until the police have arrived and the accident has been reported. You should call your insurance company as soon as the accident occurs. It is always good if the insurance agent arrives when the police are present. This is because sometimes the police can report the incident to the insurance agent in a better way than you would do in a state of panic. This ultimately saves the time it takes in processing your claim.

Obtaining the facts is also very important. You should note down the facts about the people involved in the accident especially with whom the accident occurred. The information that should be noted includes name, license number, address, contact number, and the number plate of the other car. You should also get the insurance company, and the vehicle identification of the other driver. It is always preferable to note down the important details of the accident as well, because sometimes you’re not able to narrate the accident accurately in a state of tension and panic.

Nicholas Tate ownes several no win no fee claim websites which provide information on car accident compensation claims and other road accident claims. Call 0800 6783 601 to start your accident claim today.

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Why Are At-Fault Divorces So Popular?

Author: MelissaGordon  //  Category: Legal

There are so many divorces in this day and age, with statistics becoming ever more appalling every year for people with a firm interest in the sanctity of marriage. But with the institution of divorce less of a stigma now than it ever was before, people who choose to end their marriages are doing it more and more amicably every year. An acceptance that the couple simply was not suited, that the marriage had run its course or that they rushed into something before they were ready – all of these may be stipulated as reasons for bringing a marriage to an end. These divorces are known as “no fault divorces”, because the couple agrees that nobody was at fault.

Alternatively there are still some marriages that end in fireworks. Often these marriages are the ones where to begin with, the couple was more certain than anything that they were marrying their soul mate. A feeling that they would come to regret later in life when it came to their attention that their spouse had done something so unforgivable that not only were they not going to remain man and wife, but that they had begun to nurture a special kind of loathing that can only be calmed by dragging their formerly beloved through the courts in a case designed to expose them as just the worst kind of person that exists.

In general, an “at fault” or simply “fault” divorce is one that comes about because one member of the couple blames the other for the failure of the marriage, and gives a specific reason why. This will be specified in the court when the couple divorce, and will often be a precursor to the legal division of assets. This is common mostly in cases where one party has been adulterous, and in such cases it can be readily assumed that the “wronged party” – the one who was the victim of infidelity – will get the upper had where division of assets is concerned.

The response to a petition in the courts for a fault divorce may be a no-contest plea, or it may be contested. If the divorce is contested then it will be by way of a defense presented in the court. There are four main kinds of defense: Collusion, where the defendant apportions some of the blame for their transgression on their spouse, who they believe to have “set them up” in order to secure a divorce; Condonation, where they defend their transgression by saying that their spouse knew all about it and had given their blessing; Connivance, where they excuse their transgression by saying that their spouse enticed them to commit it; and Provocation, often used in cases where one spouse’s temper has been given as the “fault”, and they blame their spouse for triggering any such behavior.

Defenses are rare in fault divorce cases, as they are expensive and rarely successful. If a fault can be proven, the divorce will go ahead on the vast majority of occasions.

Disclaimer: This article is for informational and entertainment purposes only, and should not be construed as legal advice on any subject matter.

LegalBuffet.com is a complete online resource that compares the legal services offered by various online companies. Find the best company for your do it yourself divorce at http://legalbuffet.com/divorce-services/.

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