The Complexities of High Net Worth Divorce

Marital conflicts that lead to the dissolution of marriage can become very stressful, emotional and destructive, as spouses try to discredit each other in court. This is often the scenario in a contested divorce case, wherein sensitive divorce-related issues, which may include child custody and visitation rights, child support, alimony or spousal support, and division of properties, assets and debts, need to be settled.

Though already a strenuously difficult process, divorce can still be much more difficult if the spouses involved own considerable assets and incomes. This added layer of difficulty is due to the more complicated financial situation of the spouses which, as described by a BB Attorney may involve:

  • assets held in investment portfolios, stock options, retirement plans, trust interests;
  • 401(k) plans, IRAs, and other types of profit-sharing plans;
  • a closely held family business;
  • family investments;
  • inheritance;
  • separation of individually owned property (or property acquired by each spouse prior to marriage) from community property (which are resources and holdings commonly owned by the spouses); and,
  • the possibility of a spouse hiding some of his/her assets.

A high net worth divorce specifically makes challenging the issue of division of properties and assets. It will take a highly-skilled divorce attorney to be able to navigate through this case’s level of complexity, which necessitates thorough review of the prenuptial and/or postnuptial agreement and all other financial endeavors by the spouses during the marriage.

Review of all financial activities entered into by the spouses, whether before or during marriage, is a primary requirement in a high net worth divorce case as this will help: establish which properties can be subjected for division: determine the total value of the properties; and allow for the drawing up of the best agreement on how to execute the division.

Since the final agreement in asset and property distribution will have a major impact on the life of each spouse, it is very essential that all relevant things are considered; including: taxes and expenses incurred in the divorce case (like court and all other legal fees), the creation of a trust that will address alimony issues, the possibility of bankruptcy (of the payer spouse), and assets that might not be liquid, are not income-producing, and debt-encumbered.


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Understanding The Risks of Bicycle Accidents

As the prices of fuel continue to rise, people are now looking for an alternative to driving cars. This is where a bicycle can come in handy. Riding a bike does not only save you fuel expenses but is also an effective form of exercise. But while it is good for the health, bicycles also offer potential risks to the rider. As the website of Russo, Russo & Slania, PC reveals, bikes do not offer some kind of protection like a car does.

According to statistics from the Centers for Disease Control and Prevention, over 900 bicyclists were killed and 494,000 injured from bicycle accidents. Just like a motorcycle, a bike exposes the rider to different kinds of injuries. As such, it is important for bikers to be safety cautious to avoid risk of injury. Here are some tips on how you can stay safe when riding a bicycle.

1. Wear a helmet
Helmets reduce the risk of injuries to the head and brain in case of a crash. For your own safety, wear properly fitted bicycle helmets whenever you go out for a ride.

2. Get a headlight
Headlights will come in handy when riding at night. This will allow other drivers to see you on the road. Headlamps are recommended as you can directly see the driver and vice versa.

3. Wave
If you cannot look at the other driver straight from the eyes, waving is one good way of making them see you. You can use a loud horn to make the other driver notice you. For some, waving can make them feel awkward or embarrassed but it is better to be safe than sorry.

4. Slow down
Slowing down, especially when in an intersection, is a good way of reducing bicycle accidents as well. At the same time, it can allow you to react to road situations.

A bike ride is truly fun and healthy when you are safety conscious. Follow these tips and you can be assured of a worthwhile biking activity.


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Uses And Side Effects of Xarelto

Xarelto, with a generic name of Rivaroxaban, is one of the newest anticoagulants in the market today. It is classified as a blood thinner that helps prevent blood clots from obstructing the flow of blood to the vital organs. Unlike the old type of anticoagulants, Xarelto is prescribed in one uniform dose. It is an oral tablet and does not require laboratory testing and dietary adjustments.

First approved in 2011, Xarelto was designed to lessen the risk of blood clots resulting to deep vein thrombosis (DVT) or pulmonary embolism (PE) after a hip or knee replacement surgery. In November of that year, the FDA approved it for use in stroke patients for reducing the risks of stroke that has no relation to a valve defect. A year later, it also received fast-track approval for treating DVT or PE and to lower the risk of re-developing the conditions.

Manufactured by Bayer and marketed by Janssen Pharmaceuticals, Xarelto was the subject of a defective pharmaceutical product lawsuit recently. Users of the drug claimed that they were not warned about the risk of uncontrolled bleeding, one of the drug’s most dangerous side effects. For the first 8 months of 2013, Germany’s drug regulators received 968 reports of side effects resulting to 72 deaths. Likewise, there were 750 reports of adverse reactions, including 58 deaths. However, these reports dfo not prove that Xarelto was the cause.

According to the website of Williams Kherkher, companies are responsible for ensuring the safety of consumers by properly warning them of inherent dangers in their products. Most of the plaintiffs accuse Bayer of negliegence and failing to warn them of the side effects of Xarelto. Among the reasons they cited for the lawsuits include :

  • Financial difficulties due to emergency visits, ongoing care, and lost wages
  • Emotional distress from caring for relatives exepriencing medical problems
  • Funeral expenses as a result of uncontrolled bleeding
  • Bayer and Janssen Pharmaceutical’s liability for releasing a dangerous drug

One of the claimants was the family of a man who died after using Xarelto. The patient suffered from uncontrolled brain bleeding. He had only taken Xarelto for 10 days when the uncontrolled bleeding happened. To date, Bayer has received up to nine lawsuits concerning the use of the drug in the United States wince its approval in 2011. The case was filed in the District of Vermont on July 25, 2014.


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Who Gets The Child In Divorce Proceedings?

When there is no hope for your marriage to be fixed and divorce is inevitable, the next important decision to make is child custody. According to the website of Holmes, Diggs, Eames & Sadler, the divorcing couple may find themselves disagreeing about the well-being of the children. While they will still be considered as natural guardians, deciding on where the child will physically reside is important in completing the divorce process.

According to the website of Marshall & Taylor, P.C. child custody is associated with a wide range of issues making the decision even more difficult. In cases like these, it is always the best interest of the child that affects the decision. To whom will the child stay with? What will be the terms of access? Who will provide for the living and educational expenses, and others?

In deciding who gets custody, the Raleigh divorce lawyers at Marshall & Taylor say that earning capacity of the parent is not the primary factor that will affect the decision. It will be who will best serve the emotional, educational, social, and medical needs of the child. Likewise, it is important that the parent who will get custody can provide their child with a safe and secure environment. Just because the mother does not earn an income does not qualify her for having custody.

State courts have jurisdiction over child custody cases. Parents with children below 18 years old are required to file for custody in cases of divorce or annulment. Under the Child Support Standards Act, both parents are required to provide support for children below 21 years old, at least in New York. When the child is still at a tender age, it is usually the mother who is the preferred custodial parent. However, if the child is already at a discernible age, their wishes will be put into consideration when deciding custody.

As long as the parents have shown no misconduct, they share equal rights to the custody of the child. Hence, the history, mental state, financial capability, and relationship with the child will be a factor when the court decides on the case. Sole custody would only be awarded to one parent if it is for the best interest of the child. Teenaged or older children may need to spend longer time with their parents and does not require frequent shifts. On the other hand, the young ones may need more frequent periods with each parent.

There are certain issues that can affect the decision of the court on who will get custody. Issues like alcohol, drugs, or illegal substance abuse, mental disorder, desertion, or unwillingness to take part in child care will be taken into consideration. History of abuse or neglect will also play a huge factor although the abusive parent can challenge the decision in court.

The court could award the non-custodial parent with weekly, fortnightly, daily, or monthly access to their child. It could also start with a day or overnight access with a gradual increase. Another option is free access with no fixed schedule depending on the convenience of the parents and the child.

Finally, if the parents of the child are unmarried, it is the mother who gets automatic custody unless a family court says otherwise. When there is evidence that both parents can share joint responsibility to provide for the child’s best interest, the court may award both parents with shared physical or legal custody.

Divorce can have a huge impact on the social and emotional well-being of the children.


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Common Types of Automotive Defects

Installing safety devices in your car is quite important. Accidents can happen all the time and you want to make sure that your car will keep you and your passengers safe throughout the ride. However, there are instances when something will fail. When this happens, it could have serious consequences, the driver and passengers could get injured or worse die.

According to the National Highway Traffic Safety Administration (NHTSA), a total of 64 million vehicles were recalled in 2014. This number was greater than the total for the past three years combined. According to the Green Bay personal injury lawyers at Habush Habush & Rottier S.C. ®, automotive defects can increase the likelihood of an accident or even injuries. In this article, we will look at the most common automotive defects.

1. Seatbelt Defects

Without a doubt, the seatbelt has been one of the most important innovation in automotive safety in the last 50 years. The NHTSA revealed that around 3 million people are injured from seatbelt malfunction every year. Seatbelt defects can range from a broken latch to malfunctioning tension detectors. They serve as the main restraint in a car. When your seatbelt is not working, you can be easily prone to injuries or even death.

2. Airbags

Airbags can help avoid life threatening injuries but if they are defective, a different scenario can happen. There are many ways that an airbag can malfunction. They can fail to deploy at all which can leave the driver prone to accidents. An airbag can also deploy when they are not supposed to, causing unnecessary bruises and burns. In addition, it can serve as a distraction to the driver. Finally, another way an airbag can malfunction is if it deploys too quickly or with too much force. Aside from injuries, it could also cause an accident.

3. Door Latch Mechanisms

Defective door latches has been the subject of a 2014 investigation by the National Highway Traffic Safety Administration. The most common defect is with the pawl spring, the coil-shaped object that returns a door handle back to its closed position. A broken pawl spring can bring serious consequences. For example, if one of the passengers is leaning on the door, it could swing open and launch the passenger from the moving vehicle.

4. Fuel Pump

The fuel pump is responsible for pumping fuel into the engine. A defective fuel pump results to a non-starting car. In addition, defects in the fuel pump can also cause the engine to sputter too quickly. This means that the pump is not delivering a constant stream of fuel to the engine at a consistent pressure. A faulty fuel pump could also cause the vehicle to lose power while you are accelerating.

5. Steering Components

Steering components are designed for controlling the car. So make sure that they are working perfectly or else you could get into a major accident.

6. Braking System

Brakes can help slow down your car or stop it during emergencies. Go for a dual braking system to reduce the risk of your brakes failing. When one circuit malfunctions, the other will take over to help the car brake safely.

Ensuring that all the components of your car is in tip top shape is an effective way to get a smooth and safe ride.


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Revealing The Different Types of White Collar Crimes

When it comes to criminal acts, the very first thing that comes to mind is violence and chaos. But with white collar crimes, this is not the case. It usually involves non-violent crimes and is usually committed by someone who has some level of trust or autonomy. White collar crimes is an illegal act or series of illegal acts committed by non-physical means or by concealment or guile, to obtain money or property, to prevent the payment or loss of money or property to obtain business or personal advantage.

According to the website of Ian Inglis Attorney at Law, white collar crimes carry equally serious criminal penalties for non-violent and non-dangerous crimes. According to the latest data available from the Justice Department, there were 451 new white collar crime prosecutions in February 2016. The Transactional Records Access Clearinghouse (TRAC) revealed that this is an increase of 35.4% from the previous month. Here are the different types of white collar crimes:


Fraud involves the intentional misrepresentation or omission of a material fact. The aim of fraud is for an individual to suffer financial loss. Examples of fraud include computer fraud,credit card fraud, health care fraud, and others.

A fraud case should have the following elements:

  • A false statement of material facts occurred
  • The defendant was aware that the statements made were false
  • The defendant meant to make a false statement
  • The victim relied on the authenticity of the statement
  • The act resulted to the loss of something as a result of the false statement


Bribery involves using something valuable such as money in order to influence the decision of others. This is usually common in high stakes deals such as in contracts for products or services. A common example is when a project manager charged with making purchase decisions was offered a Caribbean cruise by a bidder in exchange for the business.


Extortion involves seizing the property of another person using threat or force or actual force. It can be an act of violence or placing a person in fear of something terrible to come.


Embezzlement is committed by an individual when he illegally takes the property or asset that is entrusted to a person’s care. It involves taking money.


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The Lowdown On Motorcycle Accidents

Motorcycles provides individuals a convenient way of working around freeway traffic. These two-wheeled vehicle can fit in-between two cars or driven into the side street allowing the rider to reach their destination much quicker to the point of even avoiding the traffic. But while it offers convenience, there are also risks associated with riding a motorcycle. They are smaller and lighter than cars, have only two wheels, and the rider is not enclosed in a box of metal. According to the website of the Law Offices of Ronald J. Resmini, LTD, these qualities of the motorcycle makes accidents more fatal than car accidents.

Recent statistics from the National Highway Traffic Safety Administration (NHTSA) revealed that 56 out of every 100,000 registered motorcycle owners were involved in a fatal accident in 2013 compared to 9 out of 100,000 passenger cars. The Federal Highway Administration revealed that there were 8.4 million private and commercial motorcycles on US roads compared to 8 million in 2009.

The NHTSA revealed that motorcycle riders were 26 times more at risk of dying from accidents and 5 times more likely to be injured. In addition, the fatality rate per registered vehicle for motorcyclists were six times the fatality rate of passenger car occupants. According to the website of the Memphis personal injury attorneys at John Michael Bailey Injury Lawyers, since motorcyclists are so unprotected, any accident can have disastrous results. In this article, we shall look at the potential risks of riding a motorcyle.

Less visibility to cars: Since they are much smaller and easily hidden by objects on or off the road. Cars are likely to see them, especially at intersections.

Road Hazards: Things that can have little impact on cars such as debris, uneven road surfaces, small objects, or wet pavements can lead to a car crash.

No protection for the rider: With a motorcycle, the rider does not have a metal protection, no seatbelt, and no airbag. The only protection that they can have is a helmet and those who do not wear one are likely to die in an accident.

Less stable: Having only two wheels, motorcycles are less stable than those with four wheels. Some accidents are due to front wheel “wobble” that can take place during high speeds.

Skill level and difficulty: Riding a motorcycle requires more skills than driving a car. A number of motorcycle crashes has happened due to unskilled riders.

High-risk behavior: As they are more lighter than cars, motorcycles can encourage speeding, fast accelerating, and other high-risk behavior.


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What Does Being Judgment Proof In Bankruptcy Mean?

Filing for bankruptcy can be a long process but it does not have to be difficult. If you find yourself stuck in too much debt, bankruptcy can give you some kind of relief and allow you to have a fresh start. According to the website of Bradford Law Offices, PLLC, a good portion of business out there have at some point considered filing for bankruptcy. But while it can offer debt relief, you still need to give it a careful thought. It will still depend on your situation. It may be the best choice for others but it may not be right for you.

Before considering bankruptcy, the law now requires pre-bankruptcy counseling. If you have low income and have few assets, bankruptcy might not be the best option for you. This is because the creditor will not be able to collect money from you because you are in the protected list. According to the website of Ryan J. Ruehle, LLC, bankruptcy protection can help debtors keep their most important asset such as their homes and vehicles.

In legal parlance, this is called judgment proof. This means that you are legally protected from a creditor who may want to go after your house or any other asset you may have. While they can still sue you, they just cannot collect as you are protected. In general, you can be called judgment proof if you satisfy the following criteria:

  • You do not have any assets such as a bank account or a property
  • You are unemployed and have a very low-paying job
  • You have other sources of income such as unemployment benefits, social security, or public entitlement benefits

If you receive income from social security, SSI, Civil service, and others, the creditor cannot take that income from you. The law limits the amount that the creditor can take from you to just 25% of your disposable earnings or the amount which your wages exceed 30 times the minimum wage, which is lower.

When you have been sued and the creditor wins, the only way they can collect from you is to ask you for payment. They can collect the payment from you in three ways:

  • Deduct money from your pay
  • Take your property
  • Take money from your bank account

With a judgment proof, a creditor cannot do any of these three. The only way they can collect is if you meet any of these conditions:

  • Your take home pay is over $348/week
  • You have a house or other property or assets
  • You have money in a bank account that is not protected

Keep in mind that your being judgment proof is only temporary. Once your financial situation improves, your status may be scrapped as well. By this time, if you are still considering bankruptcy, you can do so provided that there is no pending case file by your creditor. Otherwise, bankruptcy may not be the best option yet.


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