Legal Issues Surrounding DivorceWritten by Maui
There are two types of divorce: absolute and limited. Absolute, or “divorce a vinculo matu monii”, is judicial termination of a marriage based on marital misconduct or other statutory causes after wedding ceremony—such as adultery. After divorce, both parties are deemed single again. Limited, or “divorce a mensa et thoro” is a separation decree, where marriage is not fully terminated, and couple still retain their civil status as married.
There are seven steps in having a divorce. While process varies from couple to couple, depending on situation of both parties, there are some essential procedures in filing for a divorce. One thing is certain, however: divorcing couples who are mature enough to agree on certain issues makes for a smoother divorce.
First, one party must file a petition for divorce. Even if both parties agree on a divorce, one must file petition, which states ground for divorce. There is such a thing as “no fault” grounds, which simply states that relationship is no longer viable (such as “irreconcilable differences”). While many states allow this, some states still consider ground faults, such as adultery.
A temporary order is next step. This is for claiming temporary financial support, child support, of custody. This is granted a few days after filing, and remains in effect until a formal court hearing. One should file for this ASAP.
Are You Entitled to Claim Disability Benefits?Written by Paul Hood
If you are disabled and that disability hinders you from working, you may be able to claim benefits from Social Security Administration (SSA).
An essential factor that needs to be given attention in claiming disability benefits is that you must prove you are severely disabled preventing you from doing any gainful activity for at least a year or your disability may cause your death. Determining if your claim is valid rests on shoulders of medical experts under SSA’s employ.
The Social Security Administration has set these standards in establishing what is “disabled.” One, if you are earning $700 a month or more, then you are not disabled. Also, if your condition does not interfere with your work, your claim will be denied. The SSA maintains a list of disabling impairments and if your condition is not on that list, they will have to determine if your condition affects your capacity to work. If you can no longer do work you used to do, SSA tries to see if you can do any other kind of work taking into account your age, education, past experience and transferable skills. If you cannot work, you will be considered disabled.
Application for disability benefits entail and in-depth interview from an SSA representative. Topics that will be touched include applicant’s disability, medical history, leisure time activities, and financial status. Several application forms will have to be filled-up by applicant as a proof of his intention of claiming disability benefits.