SettlementBoard.com News, Articles and Information for Legal Junkies

2Sep/100

Divorce Settlement Will Determine Fate of L.A. Dodgers

There is a lot hanging in the balance of the divorce trial that is happening in Los Angeles between Frank and Jamie McCourt. It is not just homes, cars and alimony but in this case the ownership of the sports franchise the L.A. Dodgers will be determined by the outcome of the divorce proceedings.

McCourt claims he is the sole owner of the Dodgers but his soon to be ex-wife claims that the document granting McCourt ownership is invalid for two reasons.  Her attorneys are arguing that that she did not have proper legal counsel regarding California community property law when signing a marital property agreement in 2004 when McCourt purchased the team and the couple moved from Massachusetts to LA. They are also contending that there is more than one version of the document and that the different versions contradict each other as to the ownership of the team.

In response, McCourt’s attorney Steve Susman has been quick to point that Jamie McCourt’s educational and professional background includes an MBA from MIT law degree, and experience practicing family law herself which he argues makes it difficult to believe she would not be able to understand a marital property agreement.  Susman is also is attempting to prove that because of the risks involved Jamie did not want ownership of the team and herself proposed the agreement to establish her husband as sole owner. The Blog for the LA Times writes:

"Susman repeated that the agreement in question was her idea, that she insisted she did not want to own any part of the Dodgers so she would not risk losing a "nest egg" worth about $80 million should Frank McCourt fail to reverse the Dodgers' financial losses."

It will be interesting to see the way this settlement plays out as it involves not just the couple in question but in a way the entire city of L.A., as they wait to see who is the owner of their  team. In the meant time legal experts from east coast to west and Los Angeles and Boston divorce lawyers are weighing in and all have their opinion as to who will get what.

1Sep/100

Texas Banned Gay Divorce Officially – Murfreesboro Attorneys Speaks to the National Issue

The Texas Attorney General recently attempted and failed to block the divorce of a same-sex married couple in Texas on the grounds that Texas does not recognize same-sex marriage.  Austin district judge Scott Jenkins upheld the divorce request, allowing the female couple a Texas divorce.  Murfreesboro attorney feels that  while the struggle with same-sex marriages has been going on for a decade, nothing new seems to evolve.

Currently states that have issued gay marriage licenses are the following:

  • Massachusetts
  • Connecticut
  • California
  • Iowa
  • Vermont
  • New Hampshire
  • District of Columbia

Maryland, Rhode Island and New York currently recognize gay marriages from other states.

For more information from how it is evolved over the following ten year, Murfreesboro attorney recommends the National Congress of State Legislators timeline on gay marriage and divorce historical and data.

Gay divorce

A possible precursor to legalizing gay marriage in TX...Judge Jenkins’ decision is likely to affect the legality of gay marriage in Texas, because even though Texas does not legally recognize marriage between same sex couples at the present time, his decision to allow the divorce in a Texas court effectively challenges current interpretations of Texas law.  To legally grant the divorce of a gay or lesbian couple is tantamount to acknowledging the marriage.

Yesterday Texas banned Gay divorce officially.  The state appeals court stated the gay couple who have legally married in another state can NOT divorced in the state of Texas.

A person does not and cannot seek a divorce without simultaneously asserting the existence and validity of a lawful marriage.

Texas Court: Gay Couples Can't Divorce

A National Issue
To understand this, consider a similar debate that occurred in Seattle in the 1800s.  Seattle was a young city, full of adventure-seeking spouseless males.  Naturally, prostitution became a thriving business.  In fact, it became so successful an industry that many philanthropic activities were funded by the city’s wealthy madams.  A debate arose that prostitution ought to be taxed because it did not seem fair that brothels could generate so much revenue without paying taxes.  The dilemma—the only way to require the bustling brothels to pay taxes was to legally recognize and permit prostitution.

In the same manner, for modern-day Texas to grant gay divorces is, effectively, legally acknowledging gay marriage.
Exactly how this landmark decision will steer future decisions on the legality of same-sex marriage and divorce in our state is yet to be seen.  But, it will inevitably cause some kind of change.  For guidance and legal help on this issue contact the Murfreesboro law firm today.

William Burton, Attorney at Law
1231 Northwest Broad Street
Murfreesboro
TN
37129
(615) 893-8300

31Aug/100

Los Angeles Sex Crime Attorney – Rangel Law Firm, P.C.

Decio Rangel, Jr. is a criminal law specialist, los angeles sex crime attorney,  who possesses the qualities that make him a formidable advocate for the rights of the accused. With his extensive trial and courtroom experience and knowledge of how prosecuting agencies function, he is able to achieve outstanding results for his clients.

Sex Crimes in Los Angeles

Los Angeles sex crimes charges are serious and require an aggressive defense.  Due to high profile cases and media attention, the relentless pursuit of sex offenders is commonplace.  If you are charged with a sex crime, the Rangel Law Firm will provide rigorous Los Angeles sex crime defense for:

  • Sex crimes
  • Sexual assault
  • Rape

Los Angeles sex crime charges

Sex and rape charges in Los Angeles can arise from seemingly benign sources including:

  • A child’s comments
  • Student complaints
  • Patient-doctor relationships
  • Acrimonious divorces

Los Angeles sex abuse charge can include:

  • Lewd act with a child
  • Indecent exposure
  • Molestation of a child
  • Lewd act in a public place
  • Forcible rape
  • Solicitation of prostitution
  • Statutory rape
  • Sexual battery
  • Possession of pornography

The consequences of a Los Angeles sex crime conviction may include:

  • Required sex offender registration
  • Criminal record
  • Long prison sentences
  • Civil litigation
  • Long probations

Rape charges in Los Angeles

Los Angeles rape law defines rape as non-consensual sexual intercourse with another person. In Los Angeles rape charges, the accusation alone can lead to assumed guilt. Before your case is even tried, the media and public have already convicted you. You need an experienced sex crime attorney to begin building your defense immediately—your reputation and freedom depend on it. Contact us if you are charged with rape, statutory or spousal rape.

Further, Los Angeles rape laws have added special provisions to the evidence code allowing prosecutors to use heresay evidence that is inadmissable in other types of criminal cases.

Read more here:  sex crime attorney in los angeles

Rangel Law Firm, P.C.
1600 Rosecrans Ave.
Suite 400
Manhattan Beach, CA 90266
24Aug/100

New Jersey Grounds for Divorce

Divorcing in New Jersey entails many options and laws that will affect each situation uniquely.  For that reason, it is beneficial to consult with an experienced Bergen County divorce lawyer.  One who is a resident of New Jersey for at least a year may file for divorce.   The only exception to the 1 year requirement is adultery, in which case, at least one spouse has to be a resident of New Jersey.  Under NJ no-fault divorce (or separation) cause of action, both the husband and wife must have lived in different homes for a minimum period of 18 months.  There also must not be a reasonable expectation for reconciliation.  Below is a brief overview of the fault divorce causes.

If one chooses to file a fault divorce, it must be done so under one of the following causes:divorce

Extreme Cruelty
Extreme cruelty in this situation can be in the form of any mental or physical cruelty.  The courts have the ultimate say as far as what would constitute as extreme cruelty.
Adultery
Adultery is defined by the courts when one spouse enters a personal and intimate relationship with any other person. According to New Jersey Court rule 5:4-2, one is required to divulge the name of the individual with whom the affair was committed with.  IN the worst case scenario, an ample amount of information must be provided to describe the adulterer.
Desertion
If a spouse is willingly and continuously deserting the other for a year or longer one can use this.  In this situation, parties may still live in the same household.  The difference between this and no-fault is that they are not living as “man and wife”.  If a relationship is sans sexual relations for 12 months, you may claim desertion.
Addiction
Dependency on a narcotic or other controlled substances, drunkenness that is habitual for a year or more after filing of a complaint are grounds for divorcing under an addiction.

Deviant Sexual Conduct
If a spouse engages in this type of activity without the consent of the other spouse.
Imprisonment
If a spouse has been in imprisonment for more than eighteen months after the marriage, one can file for divorce upon the grounds of imprisonment.

Institutionalization
Falling under institutionalization due to a mental illness for twelve or more consecutive months after marriage  and the proceedings of filing of the complaint, then institutionalization is a ground for a divorce.