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Every divorce is different. For the lucky few, the end of their marriage is a mutually agreed-to parting of ways, with no hard feelings on either side. But for far too many others, a divorce is a wrenching experience that leaves a profound sense of loss and grief. Whatever the reasons behind your split, it is important that in addition to arming yourself with an experienced and compassionate attorney, you also equip yourself with emotional resources that will support you and help you heal. Seeking help from a patient counselor is always a good idea, as they can provide you with invaluable coping strategies that will see you through your toughest days. There are several different ways to approach the sense of loss that a divorce can create. You must acknowledge your feelings, as well as that you focus on yourself and your sense of identity. Many people define themselves through their partner or the mere fact that they are part of a couple. The strategies that will help you the most are the ones that will rebuild your self-esteem and help you create a positive vision for a new future. In addition to professional therapists, other resources and strategies can help, and you should not be shy about pursuing them. They include: Seeking the support of family and friends Joining a support group that will provide you with shared understanding and a sense of community Take care of your physical health by getting regular exercise, high-quality sleep, and eating a healthy diet. If it helps, seek the services of a personal trainer, dietitian, or coach. You will be amazed at how much better you feel emotionally when you feel good physically. Pursue activities that you’ve always enjoyed or been interested in exploring. Read, return to old hobbies, or take up new ones. Research has shown that creative endeavors go a long way to restoring a sense of purpose and satisfaction. If you have children, their mental health and wellbeing adds another dimension to your stress and anxiety. Be sure to communicate with your kids, reassuring them that they are loved by both of their parents and that everything will be okay. The more consistency you can provide to them, the more confident they will be. Though divorce can be challenging, it can also open new doors and opportunities. Look to the many examples of others who you know who have gone through the process and come out stronger, and seek their guidance and support.

Non-custodial parents may not have physical custody of their child for the majority of the time, but they still have important rights and responsibilities. Here is what you need to know about what this legal status means for you on a day-to-day basis in terms of your relationship with and role in your child’s life. You have the right to see your child regularly. This usually involves setting up a standard visitation schedule with your co-parent that allows you to maintain regular contact with your child. Under the best circumstances, you can collaborate on how best to balance weekends, mid-week visits, holidays, and summer vacation time. If you need the court’s assistance in creating a schedule that is in the best interest of the child, they will do that. If your co-parent denies you either reasonable visitation or access to your child, they will be in violation of the court’s order and you may need to seek legal assistance. You have the right to speak to your child on the phone; via Zoom or other types of video chats; via email and through other written communications like letters and postcards. Keeping in touch is not only permitted — it is encouraged. You have the right to participate in and be informed of important decisions regarding your child’s education, their health (medical and dental decisions), and their religious upbringing. You also have the right to access associated records upon request. As with every right, there are also responsibilities to being a parent. As a non-custodial parent, you are required to make financial contributions to your child’s upbringing. This is accomplished through child support payments made through the state’s payment system. The amount of support is determined based on a formula established by the state. Your payments must be made in full and on time. When you have your child during visitations, you have a responsibility to provide them with a safe and appropriate environment and to be there for them emotionally, in a positive and supportive way. There are many reasons for divorce. Some marriages end amicably and some leave parents as adversaries. Whatever your situation, as a co-parent you are expected to cooperate and communicate with the custodial parent, no matter what your feelings are about them. Doing so is the best way to ensure continued involvement in your child’s life. If you need assistance navigating any issues surrounding your divorce, we can help. Contact us today to set up a time for us to meet.

Family is everything, and the desire to reunite with loved ones who live in foreign countries is a driving force for many U.S. citizens and lawful permanent residents. In recognition of this, the United States has created several options for sponsoring certain family members for immigration. The options for sponsoring family members’ entry into the United States fall into two distinct categories: Immediate Relatives and Family Preference. Let’s take a closer look at each one. Immediate relatives are close family members including the U.S. citizen’s spouse, unmarried child under the age of 18, and parent. There is no limit on the number of these types of visas that the United States is willing to issue. To apply for an immediate relative visa, the U.S. citizen or legal permanent resident sponsor must file a petition with U.S. Citizenship and Immigration Services (USCIS). If it is approved, the petition will be sent to the National Visa Center for processing. Fees need to be paid and supporting documents submitted, and the family member would schedule an interview at the U.S. embassy or local consulate. If all goes well, the visa is issued and the family member can enter the United States as an immigrant. By contrast, there are annual limits on how many family preference visas the country is willing to issue for those in the family preference category, which includes unmarried sons and daughters 21 or older of U.S. citizens, spouses and unmarried children under the age of 21 of legal permanent residents, unmarried sons and daughters 21 or over of legal permanent residents, married sons and daughters of U.S. citizens, and brothers and sisters of adult U.S. citizens. To apply for a family preference visa, the U.S. citizen or legal permanent resident sponsor fills out a petition and sends it to USCIS for processing. It is then sent to the National Visa Center, just as is true for immediate relative visas, but because there is an annual limit on how many of these visas are issued, the application may be held until an opening arises. When a spot is available, the same process as for immediate relative visas continues. Both processes require the sponsor to provide documentation showing that they can financially support the proposed immigrant. Other requirements include a medical examination of the family member and a background check. If you have a family member living in a foreign country and you are interested in sponsoring their journey to America, we can help. Contact our experienced immigration attorneys today to set up a time to chat.

The summer has barely started and we’re already hearing about illnesses and deaths caused by the extreme heat. While some of these tragic cases are unavoidable, others can be laid at the feet of businesses and organizations that encourage people to gather and then don’t provide them with much-needed shade, hydration, or other ways to manage the high temperatures. While we’ll leave the conversation about what causes the heat to policymakers, the question of responsibility for easily anticipated temperature-related needs is another story. If you or someone you love has been hurt by someone’s disregard for your health, you may be able to take legal action. Here’s what you need to know. To file a negligence claim against an organizer or individual for failing to act appropriately to prevent heat-related illnesses, you’ll need to prove that they had a duty to ensure the safety of their attendees and that they breached this duty by failing to provide adequate shade, hydration, or to take other steps. You’ll also need to show that your heat-related illness or injury was directly caused by their negligence and that you suffered actual harm or injury as a result of their neglect. In addition to negligence, there are other grounds on which legal action can be taken. You can file a claim under a theory of premises liability if you can show that a property owner or event organizer failed to maintain save conditions. This could involve a failure to provide warnings about the risk of heat exposure or a failure to provide enough shade, hydration, or medical facilities. A product liability claim could be filed if the heat-related illness was a result of the failure of a product such as malfunctioning cooling equipment or broken communications equipment that prevented a call from getting through to emergency responders. A claim of gross negligence or recklessness could also be filed if the organizers ignored extreme weather forecasts without taking action to protect attendees. In the case of reckless, punitive damages may be available in addition to compensation for actual expenses. If you are considering taking legal action, make sure that you keep all documentation and collect the names and contact information of any witnesses who can support your claim. Our experienced attorneys ae here to help you determine whether your rights have been violated.

One of the top questions asked at the beginning of the divorce process is about how alimony works. Whether you are the spouse seeking support or the one being asked to provide it, it’s important to understand how decisions are made about whether these financial payments are warranted, how they’re calculated, and how long they need to be paid. Generally speaking, alimony is ordered when one spouse has a significant economic advantage over the other. It is meant to eliminate financial hardships for the lower- or non-earning spouse. Here is a quick overview of the different types of alimony, how the amount to be paid is determined, and how long it is paid based on different circumstances. Types of Alimony There are five types of alimony: temporary, rehabilitative, permanent, reimbursement, and lump sum. Temporary, which is also known as pendente lite, is only paid during the divorce proceedings. It gives the lower-earning spouse to maintain their standard of living, but only until the divorce is final. Rehabilitative alimony is also temporary but has a different purpose. It is meant to allow the lower-earning spouse the opportunity to improve themselves through education or training so that they can earn enough money to become self-sufficient. It usually has a time limit or a milestone after which the payments stop. Permanent alimony acknowledges that the lower-earning spouse is not likely to become self-sufficient, and provides payments until they either die or remarry. Reimbursement alimony is paid in recognition of one spouse having supported the other as they worked to increase their earning capacity. It is not considered support as much as it is repayment. Lump-sum alimony calculates a one-time payment that provides immediate financial support to the receiving spouse and eliminates the need for ongoing payments. Calculating alimony and its duration Every state and jurisdiction has its own calculation, but all of them consider income and earning capacity for both spouses, how long the marriage lasted, the couple’s standard of living during the marriage, the health and age of both spouses, as well as their financial resources, work history and job skills, and educational background. Other considerations include non-economic contributions to the household, financial needs and obligations, and tax consequences. The same factors are considered when determining how long alimony needs to be paid, though courts may also weigh marital misconduct.  Alimony is an effort at financial fairness. It intends to provide stability during and after the divorce. Keep in mind that it can be modified in the face of a significant change.

For divorcing couples who have children, the issue of child custody represents the most significant legal issue to be resolved. Questions about where the children live, how decisions are made about their welfare, and how much time each parent will be able to spend with the kids often loom far larger and carry more emotional weight than issues of asset distribution or support. If you are working through a divorce, here’s what you need to understand about legal custody, physical custody, and the differences between joint and sole custody. Legal custody is the responsibility and authority to make decisions about where a child will go to school, what type of medical care they will receive, the role of religion in the child’s life, and whether they will participate in sports, clubs, and other extracurricular activities. Legal custody can be shared between the two parents, referred to as joint legal custody, or can be the responsibility of just one parent, with the other parent having no say in these major decisions. This is referred to as sole legal custody. Physical custody is the question of where a child will spend their days and nights, and who is responsible for their day-to-day care. As is true of legal custody, physical custody can be shared, maintaining a residence with both parents based on an agreed-to or assigned schedule, or a decision can be made for sole custody, where the child spends most or all of their time with just one parent, with the non-custodial parent having visitation rights or parenting time unless there is a valid reason for that not to be the case. Decisions about whether joint custody or sole custody are based on what is in the best interest of the child. Where joint custody is assigned, the parents must work collaboratively, maintaining open communication and working to encourage strong relationships with the other parent and extended family. Where sole custody is assigned, it is often an indication that the other parent is considered unfit or unable to fulfill the role of parent. This may be due to a history of neglect, domestic violence, substance abuse, or another issue. The non-custodial parent may be allowed to visit the child, but the primary responsibility for the child will remain with the custodial parent. If you are anticipating going through a divorce or need help navigating the process, our experienced attorneys can help. Contact us today to set up a time for us to meet.

Obtaining a U.S. Visa is an extremely complex process that should not be undertaken without doing significant research or seeking the help of a legal professional who is knowledgeable about immigration law. There are several different types of visas, including for temporary and permanent stays, and a rigorous application process that can be confusing and frustrating.  The following information provides a brief overview: If you are looking for a non-immigrant visa for a temporary stay, you may want one of the following: B-1 visa for business purposes or B-2 visa for tourism, medical treatment, or family visits. F-1 student visa J-1 visa for those involved in an exchange program H-1B visa for workers in specialty occupations requiring an advanced degree L-1 visa for employees of international companies O-visa for those with extraordinary abilities or talents TN/TD visa for qualified Canadian and Mexican citizens engaging in prearranged business activities If you are seeking permanent residence as an immigrant, there are three different types of visas: Family-sponsored visas available for family members of U.S. citizens or permanent residents Employment-based visas for workers with extraordinary abilities, advanced degrees, special skills, religious workers, foreign service posts, or who are investing in new commercial enterprises that create jobs in the U.S. Diversity visas for those from countries with historically low immigration rates to the U.S. One of the most important aspects of applying for a visa is applying for the right type of visa. The U.S. Department of State’s website can help, or you can seek help from an immigration attorney who will also help you complete the correct application form and prepare for your interview. They will also make sure that you pay the necessary application fee, schedule your interview at a U.S. embassy or consulate, gather all of the appropriate documentation, and appear for your interview at the time scheduled and answer all questions completely and honestly. Perhaps the most difficult part of applying for a visa is waiting for it to be processed. The wait will be longer if your answers or documentation been incomplete or incorrect if you haven’t provided proof of funding. The best thing you can do to improve your chances of approval is to work with an experienced attorney who will help you navigate the process. For information on how we can help, contact us today to set up a time for us to talk.

Generally speaking, medical malpractice claims seek compensation for the negligent actions of medical professionals or entities that cause harm. These actions can take many forms, including errors, omissions, disregard, and carelessness that fall short of the duty of care owed by medical professionals to patients. One of these potential omissions or abuses involves informed consent, or more specifically the failure to obtain or provide informed consent. Let’s look at patient rights and physician responsibilities surrounding this important aspect of the medical profession’s responsibilities. Among the many rights that patients have is the right to informed consent. Informed consent is the foundation of patients’ decision-making process. When physicians provide patients with comprehensive information about their diagnosis, proposed treatment, expected outcomes, and potential risks, they help patients make informed choices and inspire trust. But informed consent goes beyond promoting transparency: It is also how physicians protect themselves against medical malpractice claims. Informed consent has two sides: Patients’ rights and physicians’ responsibilities. Patients’ rights include: The right to comprehensive information about their condition, proposed treatments, benefits of treatments, potential risks, and alternatives (including no treatment at all.) The right to ask questions to ensure they understand the information they’ve been provided. The right to refuse the treatment and/or to withdraw consent at any point. The right to make their own informed decisions about their care. Physicians’ responsibilities include: Informing patients with complete, clear information about their condition, proposed treatments, benefits of treatments, potential risks, and alternatives (including no treatment at all.) Ensuring that patients fully understand the information they’ve been given, using easy-to-understand language, visual aids, and anything else needed to answer questions. Documenting the information they’ve provided and the informed consent that they’ve received. Making sure that the informed consent they’ve received was provided voluntarily. The importance of informed consent becomes clearest when a physician fails to provide it or the patient doesn’t consent. In those cases, when injuries occur, the patient or their survivors can file a medical malpractice claim asserting that they would not have agreed to the treatment had they been properly informed of the risks or outcomes. A medical malpractice claim surrounding informed consent may argue that the information provided was inadequate and that the lack of informed consent directly resulted in the harm they suffered. To be successful, this causation must be established. The victim must also show that a reasonable person in the position’s place and provided proper informed consent would have declined the treatment. If you or someone you love has suffered an injury or harm following medical treatment and you believe that informed consent was not properly provided, our experienced attorneys can help. Contact us today to learn more.