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Posted by on Sep 10, 2017 in Family | 0 comments

If a minor can legally get married, why is it so difficult for them to get a divorce?

In the past two years, over twelve states have considered the question of allowing individuals of a certain age to get married in the United States. While some states agreed that under certain circumstances, minors could be married, many failed to ask, “what if a minor wants to get a divorce?”

TeenVogue explores this topic in their series called “Wedlocked” that looks into the history and practice of child marriage. The divorce lawyer and expert featured in the show, Nancy Berg, says the answer is no. A minor cannot file for divorce because they are not considered old enough, even though they were old enough to get married. This is because marriage is a contract, and only adults can enter and break contracts. If they need a change in their marriage contract, the child will need to seek a guardian or parent to help them with this process.

How serious it this? Well, between 2000 and 2015, almost 208,000 child marriages were sanctioned in 44 states. Berg noticed how minors are affected by forced marriages. She is currently working with the Third Justice Center to help advance legislation to end or slow down child marriage. She claims the law doesn’t allow minors to have a clear direction who marry and this makes divorce very complicated. “The law mimics the culture, so it doesn’t necessarily follow the same effect, meaning the statutes on in place will not always change the way society changes.”

The laws are outdated in particular disciplines and fields. The complicated part rests in the difference between the age girls can marry versus when they reach a legal age to be an adult. She wants to make these ages standard and legal everywhere. One reason that this is a concern is domestic violence is linked to child marriage. When a minor marries young, and there is abuse, hurdling the marriage and exiting may have created a chance to continue the abuse, but this means nothing to the courts. States are “no-fault divorce” states which say they do not see domestic violence as part of the problem with divorce. Trevicia Williams, a former child bride, tells Teen Vogue when she got married at 14, she wanted to get an annulment within the first 30 days of marriage. However, a minor cannot secure a divorce unless there is a guardian ad litem present to act on behalf of the juvenile and makes decisions in their best interests.

Divorce can be a complicated process for anyone, whether they are a minor who decided to get married or an adult who decides that they can no longer keep the contract they made with their spouse. Divorce proceedings can be highly charged with emotion and it is sometimes difficult for divorcing couples to reach an agreement on how their property will be divided, custody of children will be handled, and how the finances will be separated. An experienced divorce attorney in your area can help you decide the best course of action and can help you understand your rights. I researched divorce attorneys in Utah, and in North Texas (where I recently moved), and I found some great legal websites that discussed the ins-and-outs of divorce. I especially liked the website of this North Texas divorce lawyer, Karen Alexander. I recommend reading the information sites like hers and others if you are considering divorce.

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Posted by on Jun 14, 2017 in Insurance | 0 comments

Why Carrying Auto Liability Insurance is Required in the U.S.

According to Philadelphia car accident lawyers, as if the shock and pain of a car accident is not difficult enough, the inevitable financial stress resulting from medical expenses, property damage, and lost time at work makes the situation substantially worse. When another driver is at fault for your injuries, you should be able to count on an insurance company to provide coverage that will allow you to recover fully. However, insurance companies often give false promises of coverage, acting in act in bad faith so they can maximize their profit while providing as little coverage as legally possible. Many times, these companies will covertly employ underhanded tactics so a policyholder does not know when they are being taken advantage of. Bad faith practices by deceptive insurance companies include:

  • Failing to attend to a claim in a timely manner
  • Failing to pay a claim that it owes
  • Requiring unnecessary paperwork or unreasonable information to process your claim
  • Denying a claim without reasonable explanation
  • Lack of communication with policy holder
  • Being deceptive about the scope of coverage

All U.S. states require drivers to have the capability of compensating anyone they might injure in a motor vehicle accident due to their fault. This financial responsibility may be shown by:

  • Carrying auto liability insurance, which is the requirement in 48 states;
  • Paying the state’s Department of Motor Vehicles (DMV) the required uninsured motor vehicle fee if they decide to register their vehicle as uninsured (paying this fee in lieu of purchasing an automobile liability insurance policy, obtaining a self-insurance certification, depositing money or securities, or securing a surety bond is a practice allowed in the state of Virginia; in the event of an accident, the at-fault driver would be held personally liable in compensating the person that he/she has injured); or,
  • Depositing securities or money with the state treasurer or filing an SR-22 (these are alternatives to purchasing an auto insurance policy, a practice allowed in the state of New Hampshire).

The purpose of financial responsibility, or liability coverage, is for at-fault drivers to be able to compensate an accident victim for the bodily injuries that he/she has been made to suffer and for all other costs or losses resulting from his/her injuries.

Carrying auto liability insurance is required in all states except in New Hampshire. The type of insurance coverage that drivers need to carry depends on the “liability” system recognized in the state where they reside. In states where the “fault” system is recognized (also called “at-fault” or “tort liability” system), the tort insurance coverage is what drivers will need to purchase.

Under the “fault” system, accident victims can claim compensation from the at-fault driver’s insurance company; the victim may also decide to file a civil lawsuit against the at-fault driver. Compensation that a victim is legally entitled to receive should cover cost of medical treatment, loss of income, pain and suffering, and damage to property.

In “no-fault” states, accident victims can recover financial losses from their own insurance providers, regardless of whose fault the accident is. Two major advantages this system has over the “fault” system is that, one, the victim will no longer have to file a lawsuit just to seek compensation (from the at-fault driver) and, two, seeking compensation will no longer be a problem for: victims of hit-and-run; those whose are hit by a driver in a stolen vehicle; or those who are hit by a driver who is either uninsured or underinsured.

 

 

 

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Posted by on Mar 21, 2017 in Product Defects | 0 comments

Common Defects in Childcare Products and Toys

Common Defects in Childcare Products and Toys

As the adult, you should be the one who makes sure that your child is not at risk of dangerous childcare products and toys, but sometimes avoiding these things is difficult, especially if the designers, manufacturers, and distributors of the product are negligent.

According to the website of the Benton Law Firm, those who have children who have been injured because of somebody else’s fault may have legal options. They may get compensation from the damages that they have sustained from the negligence of the parties mentioned earlier.

Age-inappropriate products

Childcare products and toys should have labels on them indicating the age group they are for. The labels should factor in the possibilities with these products. Will the child be able to use this product without supervision? Does it have any dangerous parts? Many age-inappropriate products have the following traits:

  • Dangerous materials, like harmful chemicals and combustible parts
  • Harmful parts, like fans, motors, and sharp and pointy edges
  • Overly sexual or violent content
  • Small objects or detachable parts that can cause choking

Choking hazards

Children can be too curious and reckless that they may put anything in their mouths, and that includes childcare products and toys. Designers and manufacturers should take this into consideration before even creating a product. Choking hazards may come in many forms, such as:

  • Detachable parts
  • Objects that are too easy to break
  • Objects that are too small
  • Parts that can easily be broken off
  • Parts that are too small

Lead paint poisoning

Childcare products and toys are regulated by standards, enforced by the federal government, state, or the industry itself. Excessive use of harmful materials, such as lead, may make designers and manufacturers liable for the damage that an exposed child may sustain. The worst damages include comatose and death. The following are just some of the instances where the child can get enough lead:

  • Eating or chewing chips of lead paint from products
  • Getting exposed to products with lead on its paint or plastic
  • Putting the said products in their mouths
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