Under the best of circumstances, divorce is never a natural process. Often, one of the biggest headaches and the most significant cause of the trouble is “who gets what?” There may be a fight over who stays in the house or who takes the car, or – in some cases – who has the children. To all that, another headache sometimes may be added to the search for a fairly smooth and fairly fair parting. That headache, which may sound funny but is not or may sound easy but is often not, could be called “who gets the guns?”
The Second Amendment to the U.S. Constitution had many initial versions but was ratified in 1791 in this form: A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep or bear arms, shall not be infringed.” The law has remained in this form over the years, despite numerous attempts to change or void it in a continuing dispute over “gun ownership and “responsible gun ownership.”
Marital Property Laws in Pennsylvania
In the State of Pennsylvania, any money earned or any property that is acquired during a marriage is considered to be mutual (or marital) property, such as the money that a spouse earns during the marriage. However, so-called “non-mutual” or separate property can be retained by the spouse who bought it or acquired it before the wedding. That would include gifts or inheritance money. Also included would be a property that a spouse purchased between the couple’s decision to separate and divorce.
In deciding on issues of money or property in a divorce, Pennsylvania uses “equal distribution.” That means the court’s decisions must “be fair.” However, that does not necessarily mean that each spouse will get exactly half of the money or property. The distribution is also based on other factors, such as the income, age, and health of each spouse and the ability of either one to take care of him- or herself.
Even with the best of intentions, settling “who gets what” in a divorce is rarely an easy process. However, it can be made “easier” with the help of an experienced family law attorney who can explain the laws that govern Pennsylvania and can keep communication between you and your spouse on an equal and understandable level. At the Martin Law Firm in Montgomery County, that is our focus and our expertise.
In addition to our knowledge and understanding of marital and divorce laws in Pennsylvania, the Martin Law firm will begin the divorce process with an initial discussion that is not only affordable but is based only on your needs and your goals. We will discuss not just what you need to accomplish but will make sure that you understand the laws in the state that govern this process.
If divorce has entered your life, call the Martin Law Firm in Montgomery County. We know the laws that govern this process in the state. Call us now because we can help.
As the world of law is very diverse so are the related earnings. As most people know lawyers that work in the private sector earn significantly more than their colleagues in state government.
Patent lawyer salary
Analyzing and assessing whether some invention is eligible for a patent or not is patent lawyer’s work. Advising about securing a patent and after the patent is obtained they protect it in case of a breach. There are many tasks these lawyers need to challenge such as researching existing patents, describing inventions, litigating in court for their breaching and similar. Also they are required of having a special skill set that includes educational background of the field they are representing, for example biology or engineering. Their payment usually depends on company size, level of education and industry they work in. By the last analysis their median annual salary was around $130,000.
IP lawyer salary
Or also called copyright lawyers to make sure to protect by the law new intellectual inventions and innovations created by individuals. Their specialties in this area are various, such as art, design, music, writing or technology. This area requires a deep understanding of relevant law including an analytical and creative way of thinking. Median salary goes around $130,000.
Corporate lawyer salary
These lawyers must specialize in many different areas of the law. Major specialties are accounting law, securities law, contract and tax law. There is a wide range of issues where they have to deal with such as formulating contracts, legal rights advising, business transactions and taxation. So, the main thing in this area is to understand how all of these different aspects related to the company they work for. Depending on the financial condition, size and location of the employer, the salary of these lawyers is usually between $30,000 and $100,000 a year.
Real Estate lawyer salary
Here lawyers work with various types of cases regarding residential and commercial real estate. It is very important to have detailed and strong analytical skills in order to do well in the field of real estate transactions which require a serious number of complex legal documents. Real estate attorneys that spend more time at court make sure to get everything possible to ensure their client has a strong case, from collecting evidence to witness interviews. Median annual salary is about $90,000.
Civil rights lawyer salary
This is an area where lawyers defend some fundamental liberties and civil rights of the society which can be based on gender, religion, age or race. Lawyers that work for federal government make an average of $130,000 while lawyers working for state government earn about $80,000 a year.
As there is a focus on specific areas in medicine, such as in specific area of body, specific disease or specific age group so there is with lawyers where they typically specialize in few related or one specific type of law. There are so many different areas of law today it often makes confusion among population what types of a lawyer are there. Here are some most common ones to make it more clear.
As the business area is quite broad here are also lawyers which focus on some parts of the business law. Some focus on basic legal business tasks such as mergers and acquisitions, forming companies, tax compliance or employment issues. Some lawyers work only with small businesses while others may focus on large enterprises. Everybody should know about main two types of lawyers in business law. Business transactional lawyers and business litigation lawyers. While the first one handles transactions and drafting documents, other ones handle lawsuits.
Intellectual property lawyer
For a start there are three significant areas regarding intellectual property. There are a trademark, copyright, and patent area. There are ordinary IP lawyers and IP litigators. The difference is that ordinary IP lawyers work with all the filings required to protect your IP while litigators go to court to battle who owns what IP. Lawyers who work in the patent area are expected to have a further license and technical background.
Real Estate lawyer
This is also one wide working area where main difference may be found between transactional and litigation lawyers. Also there are specialized lawyers in commercial real estate and residential real estate. While litigators go to court to argue, transactional lawyers deal with drafting documents and real estate transactions within negotiations.
Personal injury lawyer
These lawyers deal with injuries of any nature and accidents. They are most popular on TV or bus stops. Usually, they take a percentage of the money recovered on the court, and if you lose, it will cost you nothing. Here is very important to find a good lawyer who will make a difference between winning and recovering a substantial financial award in your case.
Digital Media and Internet lawyer
This area has developed remarkably and very fast with the development of the Internet. It is based on all sorts of legal issues included in the use of the Internet and technology. Copyright laws, pirating issues, website terms and conditions, privacy issues and many others are included in this area. This area of law is changing and evolving rapidly as the industry in which it operates is constantly growing and developing.
It is important to remember that these skills you need for your ideal career have to be developed and worked on all the time if you want to keep your relevance and quality reputation. Good old saying we all know “practice makes perfect” is really true. Here are just some of these skills that need to be nurtured in your further career.
Writing, reading and public speaking skills
Excellent writing skills are required for preparation of proper briefs, compelling arguments and many other legal documents while reading comprehension skills are needed to understand outnumbering complex data in legal documents and researches. Great public speaking and feeling comfort in courtroom are some of the first impressions that are essential for great lawyers.
Analytical and research skills
Getting a large quantity of information than making sense from all of it turning it into something logical and manageable is an extraordinarily complex skill in law practice. Choosing most suitable facts and arguments including very important proves is the primary key to handling complex cases. All this research must be quick and effective while understanding client’s needs and preparing the most suitable and effective strategy at the end.
Willing to put in the time in law practice is something that gets the job done. A good lawyer is aware of that and the thorough research with lots of writing that lead to successful solving of the case.
Drawing logical and reasonable conclusions from limited information is something essential that makes a good lawyer. It is essential that these judgments are considered critically and realistically in order where the lawyer can anticipate potential areas of weakness in his arguments. Spotting points of weakness in oppositions arguments are also a critical moment to win the case.
People and communication skills
All the information and arguments included in the particular case come from people. All lawyers at the end of the day work on behalf of the people, with people and all the facts that happen and decisions that are made effect other people. It is important to be able to read people, be persuasive and personable which will allow, for example, to measure honesty of witnesses or juror’s reactions to some statements. Being orally articulate and listening well to people is essential for every good lawyer. Having developed interpersonal skills make them able to create trusting relationships with anyone they work with.
There is not always a clear and obvious solution of the case at the end so it is important that lawyer is able to think outside the box. Improvisation and alternative solution must always be immanent for emergency situation. Problems and unique situations arise very often so good lawyer will always think of some reasonable solution using creativity in emergency strategy.
The Bush Administration failed to follow Federal environmental laws in its attempt to give the gun lobby a last-minute gift by allowing loaded, hidden guns into national parks and wildlife refuges, a Federal judge ruled. U.S. District Court Judge Colleen Kollar-Kotelly issued an injunction restoring prior rules that weapons be unloaded and safely secured in those public lands. The Brady Center filed suit on behalf of its Brady Campaign members on December 30, 2008, to block the Bush rule. It took quite a while for the proceedings to finish, but the decision was right and in accordance with U.S. legislation.
The court found the Bush Administration’s last-minute rule was a product of “astoundingly flawed process,” and held that the Brady Campaign is “highly likely to prevail” in showing that the rule was illegal. The success of the Brady Campaign’s actions shows that the judicial system is sometimes slow to react, but can, eventually, lead to positive results in gun control. This organization will keep up with their activities for more restrictive gun control legislation and a reduction in gun violence.
No Guns at Atlanta Hartsfied Airport
In a victory for common sense, a federal appeals court has ruled that the Georgia legislature can’t force Atlanta’s International Airport to allow people to carry concealed weapons on airport property. From now on, passengers, visitors and employees will not be able to carry any kind (firearms, bladed weapons etc.) of weapons onto Atlanta International Airport grounds.
The U.S. Court of Appeals for the 11th Circuit accepted arguments made by the Brady Center in an amicus brief it filed, along with Georgians For Gun Safety. This non-profit advocacy organization, GGS for short, consists of concerned Georgians who aim to reduce death and injuries by firearms in the state of Georgia since 1993. They focus on education and communication and work closely with other, larger organizations, such as the Brady Center.
The Court upheld a lower court decision that the City of Atlanta could prohibit visitors from carrying concealed firearms in its airport. We hope that other institutions and organizations which have an unreasonably benevolent view towards firearms and other concealed weapons in public will also follow the example of the Airport’s management. This is just another small step in the fight against gun violence in the United States.
Restrictions on Guns for Domestic Abusers
The U.S Supreme Court rejected arguments by convicted domestic abuser Randy Edward Hayes and the gun lobby that federal law allowed Hayes to possess firearms. This man was convicted of a misdemeanor crime of domestic violence back in 1994 and pled guilty to the crime after striking his spouse several times, inflicting serious injury. Afterward, he was arrested after the police found a Winchester rifle in his possession.
The 7-2 ruling in United States v. Hayes was a blow to gun lobby groups that had urged the Court to severely narrow the federal Lautenberg Amendment that bars gun possession by abusers convicted of misdemeanor crimes of domestic violence. This Amendment (The Domestic Violence Offender Gun Ban) bans access to firearms by persons who were previously convicted of domestic violence. The name comes from the sponsor of the Amendment, Senator Frank Lautenberg.
Justice Ruth Bader Ginsburg said Congress’ intentions and underlying concerns in its 1996 law were clear: “Firearms and domestic strife are a potentially deadly combination nationwide.” Justice Ginsburg was citing the Brady Center’s brief in her opinion. Her efforts and decisions were applauded nationwide, primarily by the Brady Center, one of the most critical gun control groups in the country.
Brady President Paul Helmke said the ruling is “the right one for victims of domestic abuse and to protect law enforcement officers who are our first responders to domestic violence incidents.” He also pointed out that this decision will inevitably decrease the total number of injuries and deaths among domestic violence victims, but also in the ranks of the police.