Fault grounds in divorce/what are they? What are the ramifications of an at-fault divorce?

Although many states have adopted a no-fault divorce policy, giving couples the option to cite benign causes for the separation, sometimes it is the best or most beneficial option for one of the parties to claim fault against the other. According to Houston law firm Holmes, Diggs & Sadler, this status can strongly sway rulings on child support, child custody, property division, and alimony payments.

An at-fault divorce requires the plaintiff to have grounds for the divorce and provide proof that their claims are well founded. Grounds for at-fault divorce include emotional or physical cruelty, desertion, imprisonment, and adultery.
Despite the possible benefit of the court ruling in the favor of the plaintiff, filing an at-fault divorce is very often more expensive and more time-consuming than a no-fault divorce. An at-fault divorce, by its very nature, is often contested by the defendant and requires the couple to go to court. In addition, if there are children involved, the process of a court-run divorce can become emotionally taxing and very strenuous on the entire family.

Although plaintiffs may be able to pull up proof of the defendant’s faults, the defendant also has means to defend themselves. To counter accusations of fault from a spouse, defenses against divorce include:

  • Collusion, which is an agreement between the two parties to present a fraudulent scenario to be eligible for divorce. This was more common when no-fault divorces were not available.
  • Condonation, which is when a couple has reconciled after a transgression, but files for divorce based on that transgression anyway.
  • Connivance, which is the claim that permission of the plaintiff was given to the defendant to commit an offense. This defense is most commonly used in defense of adultery.
  • Recrimination, which is the barring of divorce from a couple in which both parties have committed an offense. If this occurs, many couples go on to file for no-fault divorce.
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Porch/Stair Collapse

The apartment complex building at 1700-08 W. Estes Avenue in Rogers Park in Chicago, Illinois, registered to one Cameel Halim, an agent for CH Ventures, LLC and Wilmette Real Estate & Management, LLC, has been cited for 39 violations when city inspectors came to inspect it nine times over a 10-year period, public records showed as firefighters tried to extinguish a fire that started in the apartment building on Monday, January 11.

Citations made by the city against the apartment building included rotting window frames and doors, peeling paint, live rats, non-secured porches, water-damaged balconies, stagnant basement sewage, and open plaster in the basement ceiling, among others.

According to Chicago Fire Department commissioner Jose Santiago, one firefighter who responded to the scene of the fire at the apartment complex, instead of just helping extinguish a fire, got bonus injuries from falling from the third floor set of stairs after they collapsed. The quality of the stairs had in no way been affected by the fire; the stairs were rickety to begin with.

Also, Jenira Torres, a resident of 7106-12 N. Paulina Street, which was located near the property, said fire extinguishers could not be found in the building.

Attorneys at the Abel Law Firm say factors that may have contributed to such collapses are deteriorating support structure, too much weight heaped on the porches or stairs at the time of the accident, or shoddy or out-of-code construction.

The city of Chicago conducts porch inspections of structures and determines which might cause potential harm to their occupants or to people within their immediate vicinities, and give out this information to the state Department of Buildings. Aside from making sure that buildings are not made of substandard construction materials, local officials advise residents to avoid crowding or placing too many people in a single area at one time, especially on floors above ground and especially on porches.

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Dangers of Truck and SUV Accidents

We all aspire to be cautious drivers and keep the roadways safe. However, as design and manufacturing of vehicles becomes safer than ever, some vehicles prove to be safer than others. Large trucks and 18 wheelers as well as SUV’s are often more prone to more dangerous kinds of accidents. Large trucks and 18 wheelers can cause far more damage on the road if there is a defect within the vehicle or if control of the vehicle is lost. This is simply due to their size, weight, and design. SUV’s are more prone to rollover accidents and often lack the safety standards expected from other vehicles.

Common causes or truck accidents are: drunk driving, mechanical defects, and truck driver errors. These are all scenarios which any truck driver or driver of a similarly large vehicle should be aware of and do their best to avoid. While certain accidents are inevitable, many are preventable if proper precautions are taken.

A study done by the National Highway Safety Administration revealed that “SUVs are 75% more likely to be involved in rollover accidents than are traditional cars. Furthermore, the administration estimates that the safest SUVs are still more likely to roll over in an accident than the least safe sedans.” This is why sedans are generally less expensive to insure. There are many factors that go into determining insurance rates though, so it’s difficult to say how much of a role this plays in final costs.

Wausau car accident attorneys will tell you that truck and SUV accidents are some of the most dangerous and stressful incidents that can occur on the road. Often times, truck accidents do not simply happen without the oversight or error of those involved. They are unfortunately often the fault of the carelessness or neglect of another. In these cases the victim may be owed certain damages.

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DePuy Hip Implant Complications

A hip replacement surgery is a complex and invasive surgery that can be very stressful for many patients. It is desirable then, that patients experience no additional trouble with their hip implant. These medical procedures should be trusted to only improve the lives of patients. Unfortunately, DePuy, hip implants used after 2003 have been recalled due to a high rate of post-surgery complications.

According to the website of the lawsuit attorneys at Williams Kherkher, common effects of defects DePuy hip implants include: bone fracture around the implant, loosening of the implant or bone, implant dislocation.

Bone fracture around the implant can occur if the bones in the surrounding area of where the implant was initially placed begin to break or crack. This can be extremely painful and although it does not occur within the implant itself, and can be caused due to a defect in the implant. A loosening of the implant or bone can occur after the operation has been completed if the implant does not stay within its initial location. This can also be a very painful experience and could lead to a difficulty walking or moving. Implant dislocating implies a complete movement of the implant. Rather than just simply coming loose, it has entirely moved from its desired location. This is painful and can require additional invasive and expensive surgery to rectify.

If you or a loved one has experienced post-surgery complications due to a DePuy hip implant, you may be entitled to certain damages. These complications can cause emotional distress as well as the increased financial burden of medical bills and lost income from time take off of work to recover. These are burdens that no one should have to handle alone. When considering a hip replacement surgery, it is also important to be educated on the potential complications and the precautions you can take to avoid them.

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Is Bankruptcy Right for You?

Life is unpredictable. Often times, the financial security we expect to reach as we pursue various avenues doesn’t always come to fruition. At this point, many people may find themselves in a debt that seems unmanageable. Fortunately, there are legal avenues that one can pursue to alleviate this burden and get your personal finances back to a manageable position, including bankruptcy.

A person can find themselves in a position of financial distress for a variety of reasons. Unexpected medical expenses, prolonged unemployment, or a piling up of student loans are all common reasons one could find themselves in financial trouble. Often times, a person or business can manage their debt themselves, and years of work can restore them to a financially stable place without legal intervention. This is a viable option for many people, and often debt is resolved individually. However, for some, their debt can feel unmanageable. They know that they will not be able to get out from under their debt, and for them, the financial burden is only increasing as time goes by. If this is the case, that pursuing legal avenues including filing bankruptcy could be the best option to restore their finances to a manageable state.

Bankruptcy can be defined as the official establishment of a legal status of a person or business that they cannot repay their debts in their current financial state. This process is not meant to indict the insolvent entity, but rather focused on restricting their financial organizational structure to restore their finances to a manageable place.

There are many different avenues to pursue when considering bankruptcy, including: Chapter 7 Bankruptcy, Chapter 13 Bankruptcy, foreclosure, and debt negotiation. These options can be the first step on a person or business road to financial rehabilitation.

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