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When You Need A Lawyer? Lawyer Paragould AR

Need an Attorney? It is better to consult with an attorney or a lawyer if you are in a car wreck, criminal charges, family matters. Get help from the right hands.

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Car Wreck Paragould AR - Benson Law Firm

Car wreck injury and damages caused during car accidents needs the advice of a personal injury lawyer. Get fast legal appointments in Paragould, AR.

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9 Types of Divorce in the US

Marriage is a bonding between two individuals for love and companionship with a lifelong commitment that leads to security, financial stability as well as legal rights and benefits extended to the progeny. When mutual love, affection, compassion, and commitment are lost, it may lead to torture, insecurity, and instability. Thereby this most beautiful relationship becomes suffocating and a heavy burden to carry on for a lifetime. In such a situation, counseling or mediation helps some couples, while others need in-dependency which is mostly decided in court. No two divorces are the same. The painfulness of the process depends on the intensity of differences between the partners and their personality types. Here is a description of the types of divorce in the US. 

Fault Divorce

In a fault divorce, a partner blames or proves that the spouse was at fault for the marriage to break down. If the court finds that he or she is at no fault then the divorce will not be granted and they will have to continue as husband and wife. Though the partners can live separated, they will not be able to legally marry anybody else.

No-fault divorce

Today, almost all states allow no-fault divorce. Under no-fault divorce, the couples prove to the court that they are not compatible with each other and have suffered an irremediable breakdown of the relationship. This is suitable for those couples who don’t have too many marital assets to divide or have no conflict on the division of their property.

Contested Divorce 

Contested divorce procedures take lots of time, stress, and money. Both spouses need assistance from divorce attorneys, as this type of divorce involves complicated processes. The contested divorce is suited in any of the following cases; either both the parties need a divorce and all the negotiations fail between them, or when one of partner feels that divorce is not necessary and argue that the other party doesn’t have a valid ground for divorce and attempts to prevent it, then it is taken into the court for the judgment. The process involves the exchange of information, negotiations for settlement, hearings, and proceeds for the court trial. The negotiations related to the custody of the child, the division of marital assets and debts will be raised. Initially, the judge enacts a temporary order regarding this as the whole process can take a long period of time. Mediation and counseling programs may also be arranged by the court. During the trial, both the attorneys present their evidence and then a final judgment is passed by the judge and lastly the final decree of divorce is filed. 

Uncontested Divorce

An uncontested divorce is also known as a joint petition for divorce where there is no formal trial. It is usually followed by those couples who agree upon each other on all issues like child support, custody, and division of marital assets and debts, alimony, etc. In this type of divorce procedure, an attorney drafts an agreement and is later reviewed by both parties, and if they agree upon all the terms, it is then submitted to the judge for final review and approval. If the judge approves the agreement, the decree of divorce is issued. The divorce becomes contested if the spouse hires an attorney, refuses to sign the papers, or cannot be found. The disadvantage of this kind of divorce is that if there is a history of domestic violence, abuse, extra-marital affairs, etc., then one party will have an unfair advantage over the other. In such a situation, advice from an experienced divorce attorney is very much essential. 

Summary Divorce

This is suitable for those couples who haven't married for many years, say 5 years or less, and don’t have children, or don't own much marital property or joint debts. The petition for divorce has to be filed in court by the couple, jointly, usually by filling forms from the family court. Unlike other divorce procedures, it involves less paperwork hence it’s known as a simplified form of divorce. 

Arbitrated Divorce

Arbitrated divorce is where both partners can’t come to a consensus regarding the divorce matters and hence they agree to hire a private judge as an arbitrator. The arbitrator weighs the issues and problems of each partner without bias and makes the judgment based on the facts and evidence submitted to him. Here the arbitrator gives the judgment in the same manner as a judge and is honoured. 

Mediated Divorce

Mediated divorce is less costly, and both parties will be able to come into consensus without conflict with the help of a mediator. Here he or she does not make decisions or judgments as it is left to both of the parties to decide. The mediator initially helps the parties in having peaceful negotiations, and in getting to an agreement, to produce it to the judge for finalizing, and in receiving the final decree of divorce. 

Collaborative Divorce

In a collaborative divorce, the attorneys of both parties focus on collaborative law. Both parties sign an agreement to work together in a collaborative manner to reach an agreement. If they couldn’t come to an agreement, then both the attorneys would withdraw, and the couple will have to start the process all over again.

Same-Sex divorce

Most of the states in the US allow same-sex marriage and they also have the right to end their marriage, domestic partnerships, etc legally. They can use the same forms and procedures used for married couples. 

Decisions to divorce are very important, life-long decisions, especially if they have children. The future of each child depends on the child's custody. During the process, it's quite natural that the partners will be experiencing different emotional stages and need more clarity about the different legal procedures available, and facts to negotiate with the partner with an eye on their future. The guidance and assistance from an experienced divorce attorney can make a huge difference. The divorce attorney at Benson Law firm has years of experience in dealing with all types of family law.

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Do I Need an Attorney? Attorney Paragould AR

Need an Attorney? It is better to consult with an attorney or a lawyer if you are in a car wreck, criminal charges, family matters. Get help from the right hands.

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Criminal Law Attorney - Criminal Law Paragould AR

Protects You! Get appointments with Criminal Law Attorneys in Paragould, AR for criminal charges. We ensure criminal defense and protection rights for you.

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Tips On Healthy Divorce

A healthy divorce is a well planned out event which is to be carefully and meticulously made as consus with divorcing minds is rare. For a smooth separation on divorce, you have to make yourself emotionally strong. Engage your time to set up the daily divorce-related activities and schedules. It is good to note down the points you want to discuss in the divorce when you feel calm and when your mind is set. Making your children understand about this situation is another difficult aspect and you have to help them with this entire process. Children will never understand until they grow up to make good sense of the complications leading to a divorce. It is good to consult with a marital counselor to reach a coordinated decision with less mental conflict as it is a consensual process between two parties.

When you are in pace, arrange a meeting with your partner to speak on the divorce matters. Mediation is better than the court hearings to settle marital conflicts as it gives a chance for both parties to open up their mind regarding children, property, and more. Children are the most affected when a divorce occurs and the remedy is to speak calmly to your children and make them understand the situation. Self-caring is another thing that is to take care of yourself by understanding and accepting the situation. Getting involved in social gatherings, family, and friends to make yourselves engaged is a good mind changing game. You can be more into your interests and hobbies to become an active person. Physical health is also an important aspect to consider.  You have to eat good food and exercise regularly and must have a good sleep at night. 

Consult your divorce attorney as needed to know about the divorce proceedings. All the above mentioned activities might help you to have a healthy divorce.

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Divorce Paragould AR - Learn to Live Free

Looking for legal advice on family matters? Lawyer at Benson practices family law concerned with divorce act, child custody, adoption and more in Paragould AR.

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Difficulties in having a Divorce.

Divorce is a lifelong stress-giving process in the life of most individuals. It is the termination of a marriage by court judgment by awarding a judicial decree declaring that the marriage is to be dissolved. Then, both spouses are free to marry again. Each divorce is different and unique in its own way. The prospect of divorce may be taking the decision for divorce after undergoing lots of negative situations and tensions in their marital life. Hence, the prospect initiates a wide range of emotions and can be traumatic. If children are there in the relationship, divorce would affect their psychological aspects and their overall health. Children are often prone to show traces of anger, abandonment, denial, depression, etc. along with other behaviors. They are the most traumatized among everyone involved in a divorce. 

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Attorney Paragould AR - Benson Law Firm

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Victim of Car Wreck Due to Risky Driving? Claim Compensation

Risky driving is one of the main reasons for a car wreck. You could claim compensation if the car wreck happened due to no fault of yours and due to the risk of a driver driving another vehicle. Alcohol or drug consumption, distractions from driving, over speeding, drowsiness, etc are the main factors influencing risky driving. An awareness about risky driving and compensation claims will help you take the right steps immediately if you ever happen to be a victim of a car wreck. Here, you will be reading about the three forms of risky driving including drunk driving, drug-impaired driving, and distracted driving. 

Drunk Driving

Driving under the high influence of alcohol is known as drunk driving. Alcohol consumption affects quick functioning of the brain, right thinking, and reasoning capability of a person and impedes muscle coordination. So how to measure the amount of alcohol in a body? Blood alcohol concentration, or BAC, is the measurement of the quantum of the alcohol in a certain volume of blood. BAC can be measured either using a device to measure the amount of alcohol in the driver’s breath or through a blood test. The risk of the car crash is more if BAC is 0.8gms of alcohol per deciliter (g/dl) of blood.  Hence, it’s illegal to drive with BAC of 0.08 or higher; though lower levels can also affect driving ability.  

If the driver who caused the car wreck is found to be drunken, he may have to face the consequences like charges and penalties which may include revoking of driver’s license, fines, and imprisonment according to the severity of the accident. To claim the maximum compensation for all your expenses after the car wreck, you will need professional help immediately, the help of a well-experienced Attorney.   

Drug-Impaired Driving

It is also illegal to drive under the influence of any potential impairing drug. Such impairing drugs may be marijuana, opioids, methamphetamines, etc. Many of these drugs would either slow down the coordination process, judgment and reaction time, or make the person more aggressive and reckless, which leads to impaired driving. Impaired driving could also be under the influence of alcohol and/or some prescribed and over-the-counter medicines which causes extreme drowsiness, dizziness, etc. If you are a victim of a car wreck caused by another vehicle driver due to impaired driving, you will be able to recover maximum compensation, which depends upon many factors. A good, experienced Attorney can help you in negotiations while claiming maximum compensation for all your expenses incurred.

Distracted Driving

A distracted driver drives a vehicle by paying more attention to any other activity than driving. The most common risky distracted driving behaviors are: 

Texting messages while driving a car. 

Dialing a number using a cell phone. 

Looking after kids. 

Adjusting the control buttons of the navigation and entertainment system of the car. 

Eating, etc.

There are laws relating to distracted driving, especially in the usage of cell phones in many US states.

If you are a victim of a car wreck at Paragould, AR or at any other city in Arkansas, the Attorneys of Benson Law Firm are here to help you. The attorney from Benson Law Firm will investigate, document, prepare, and pursue your claim. We will pursue people and insurance companies so that they will be held accountable and responsible for your suffering, injuries, and damages. Having more than 24 years of professional experience in this field, Benson Law Firm will be able to use its resources and experience to help you get fairly and fully compensated to the maximum extent allowed by law. They will manage your case professionally and you can keep in touch with them with the developments and get relieved. Your guide and professional help is just a call away!  Call (870) 236-1414  and visit https://bensonlaw.net/ to know more

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Pandemic Law Violation - Attorney Paragould AR

Please follow the law when it comes to the current pandemic. If you are in violation, you can be in trouble.

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Quarantine? Any Family Issues?

Quarantine? Any Family Issues? Get advice from family law attorney at benson law firm

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The Custody of a Child in a Divorce

Divorce is a lifelong stress-giving process in the life of most individuals. It is the termination of a marriage by court judgment by awarding a judicial decree declaring that the marriage is to be dissolved. Then, both spouses are free to marry again. Each divorce is different and unique in its own way. The prospect of divorce may be taking the decision for divorce after undergoing lots of negative situations and tensions in their marital life. Hence, the prospect initiates a wide range of emotions and can be traumatic. If children are there in the relationship, divorce would affect their psychological aspects and their overall health. Children are often prone to show traces of anger, abandonment, denial, depression, etc. along with other behaviors. They are the most traumatized among everyone involved in a divorce. 

The custody of children is the most important part of the divorce as the future of the child or children would depend on the verdict of the court on their custodian. The custody of a child is a sensitive and emotional concern after the court decision during and after the divorce. Custody of a child is the legal right given to a parent by the competent court to make important decisions like education, health, religion, place of living, etc. as the situation arises in the child's life. The custody rights of the child can be assigned to one or both of the parents. When custodian rights are assigned to one parent only, it is called Sole Custody. In the case of Joint Custody,  both parents share custody rights. Then, there is Physical Custody and Legal Custody. Physical Custody determines where the child should be living. If Legal Custody of the child is given, then the parent or parents (in case of joint legal custody), have the right and responsibility to make decisions on the important aspects of a child's life, like education, religion,  insurance, and health care. The court may give the custodian rights as sole physical custody or joint physical custody or sole legal custody or joint legal custody or a combination of these. Usually, brothers and sisters stay together but in some cases, the court splits these children. The situation of the parents or of the child can change later on. Hence, it might be needed to revise the parenting plan or the Child Custody arrangement as and when needed. 

Each state in the United States has its own laws regarding the custodian of the child; though the criteria may be different, they all follow the same principle. One of the main criteria considered by the court while making the decision on custodian is that ‘in the best interest of the child’. The court may consider the preferences of the child, especially if he or she is of the age of 12 years and has the capacity to explain and reason. The child’s bond with the parents is taken into account; whether he or she is more attached to father or mother? The safety of the child based on the personality characteristics of parents is also checked upon. Like for example, the caring nature of a parent and the violent behavior of another parent. The physical health, mental conditions, and negative habits of the parents are also taken into account. Another criteria considered is the primary caretaker of the child during the past and the current situation. Among other factors, the court may consider the parent who will be able to keep up the child’s contact with a non-custodial parent continuously. The non-custodial parent usually gets visitation rights. The custodial parent should at least have enough financial resources to support himself or herself and have more resources than a non-custodial parent. In short, the custodian of the child should be given to the parent, who can ensure him or her a secure and safe environment to live in. 

Family Law is a relatively broad area, which deals legally with matters and issues related to family relationships such as divorce, child custody, paternity, child adoption, guardianship, property, etc. An experienced Family Law Attorney can help you to devise a divorce settlement plan as quickly as possible as they are skilled in handling issues like division of marital property, proposing a plan for child custodial rights, visitation, etc. Benson Law Firm Jonesboro AR has an overall 24 years of experience. Their experienced attorneys in Family Law are here to help with compassion to get you out of the situation you are in. Hence, the help from the right professional is just a call away! Call (870) 236-1414, to get a free consultation from Benson Law Firm! Visit https://www.bensonlaw.net/, to learn more about Benson Law Firm. 

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Car Wreck Paragould AR - Do’s & Dont’s

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