Author Archive for Author

Tulsa Collaborative Divorce: An Alternative to Traditional Divorce

When two people decide to divorce, it does not have to be a difficult process. Neither party has to face a long and drawn out battle with numerous court dates and large expenses. Both parties can agree to opt for a collaborative divorce.

When collaborating a divorce, both parties sit down and negotiate every aspect of the divorce settlement in a controlled environment. Using mediators and their attorneys, each party can negotiate the terms of their divorce without having to go to court.

This type of negotiation process often eliminates all of the emotions attached to a divorce and allows both parties to move forward without issue. In reality, emotional issues are often what cause divorces to be delayed and adds to their overall expense. read more

Juvenile Detention: What To Know About

When a minor has been arrested, it is the obligation of the police department to contact the parent or guardian to inform them of the arrest. If the minor is being held in custody for the offense, the authorities must inform the responsible adult of where the minor is being held, for what length of time, and what charges are being placed against the minor.

What many people do not realize is that the arresting authority has to do all of this as quickly as possible after the arrest. Minors have special protections under the law, and these protections include having access to their parent or guardian so that they can have access to proper legal representation. read more

Impaired Driving: Know the Facts

It only takes one drink to slow your reflexes and impact your attention span. After two drinks your ability to concentrate is impaired. After three you start to begin to experience physical impairments from the alcohol. Four or more can lead to dizziness, vomiting and passing out.

You have heard this all before. In fact, if you are under 50 years of age, you have heard this continually since you were old enough to understand. Sadly, hearing it so often has made many people tune out these important facts and they do not take the seriousness of operating a vehicle under the influence to heart. read more

Division of Assets: What to do in a divorce?

One of the most difficult legal issues in a dissolution of marriage is the divorce asset division. Any couple that has acquired assets during the term of their marriage must come to difficult decisions on how these assets will be divided once the marriage is over. This is a very crucial step in having the divorce granted, and every couple must come to an agreement before the proceedings can continue.

What Types Of Assets Are Divided?

All assets of a marriage must be divided during the divorce. This includes: read more

DUI & DWI Law: Penalties and Charges

The penalties associated with driving under the influence (DUI) and driving while intoxicated (DWI) can vary greatly in Oklahoma. Many factors must be considered when looking at DUI & DWI penalties, which is why it is imperative to seek legal representation from a Tulsa DUI attorney if you have been charged with one of these offenses.

The Difference Between DUI and DWI

You are considered DUI if you have a blood alcohol level of .08 or higher. If your blood alcohol levels exceed .15 percent, you will be charged with aggravated DUI. Aggravated DUI carries much higher fines and jail time requirements. read more

Contributing Factors To Juvenile Delinquency

It should be understood that you cannot group the causes of juvenile crimes into one single category. Many people want to look at juvenile delinquency as an action that is caused by one specific thing or event. Juvenile offenders are often grouped into one large bunch of people and their actions are treated in the same manner.

The truth is, each form of delinquency is as individual as the juvenile themselves, and the causes for that delinquency often differ from person to person. While some life issues can directly be connected to the type of crimes a juvenile commits, it is never a guarantee. Many issues can lead a juvenile to commit a crime. read more

Importance of Estate Planning: Is the will up to date?

Estate planning is an essential financial tool that should be used by every adult. Planning your estate is not a service just for the wealthy. It is a planning tool that provides for your family and protects your wishes. Careful estate planning also helps you protect your medical choices and provides legal authority to an appointed representative in the event that you are medically incapable of making your own choices.

Additionally, careful planning of your estate can provide you with protections and tax breaks at the present time. A Tulsa estate planning lawyer can provide you with information on Living Trusts and similar legal issues that can reduce your tax burden now and in the future. read more

How Does Divorce Mediation Work?

divorce mediation Divorce is often a difficult process. Emotions run high and each side of the divorce has their own reasons to feel hurt, angry, and dismayed. In many cases, a divorce is often prolonged because each party has such a difficult time negotiating in a court setting with the other party. However, it is usually in the best interest of both sides of the divorce to not delay the inevitable and allow the divorce to finalize. This is the only way to begin the healing process.

In an effort to make the divorce negotiations more civil and to help them proceed in a timely manner, your Tulsa divorce lawyer may recommend that the couple enters into mediation prior to going to court for the finalization of their divorce. Mediation allows both sides of the party to sit down and make all the plans for the divorce in a controlled environment. These plans can then be submitted to the court for final approval and the granting of the divorce.How Does Divorce Mediation Work?

Both parties will have a Tulsa divorce mediation lawyer representing their interests during the negotiations. A meeting will be arranged for both parties and their Tulsa divorce lawyer to be present, and then they will approach each important subject concerning the divorce. This will include: read more

Collaborative Divorce: Key Elements and Rules

It is a misconception that the divorce process has to end in a long and drawn out court battle. In many cases, the divorce process can be completed without either party ever having to see the inside of a courtroom. Known as collaborative divorce, this type of divorce is settled outside of the court and only needs to be finalized with the signature of a judge.

Emotions and tempers can run high while a divorce is taking place. One spouse may feel so hurt that they seek revenge through a delayed process and fighting throughout the divorce. The truth is, even though this may somehow feel justified during the process; in the end the divorce is still finalized. All that really occurred is that both parties had more headaches and larger legal bills than was necessary. read more

The Importance of Estate Planning Lawyer in Estate Planning

It is certain that death and taxes are the only certainties in one’s life. The two are an important part of life, and you should not shy away from them because you presume that they are hard to handle. Nobody wants to entertain the thought that they will die eventually but it is the responsibility of every person to plan for it.  The only best way that you can get ready for this event is by creating an estate plan. Having an estate plan helps you avoid problems that often arise in the case of death. Most people never think about these problems while they are still alive. In other cases, some people feel overwhelmed by them, and they often brush them aside.  In the absence of a will or an estate plan, these problems are left in the hands of the state law and the courts to solve.  A well-prepared estate plan is essential as it allows a person to decide for himself the most appropriate choices for their family. He or she can, for instance, decide who will take care of their minor children, who receives the property, what amount should be handed over to charitable organizations, and the lawyer to foresee all this is done. Planning for your estate helps you avoid problems that arise with the law having to handle your property. This is because the state law is indifferent to the decedent needs and often distributes property regardless of the person’s desires.  The only thing that state law specifies is how a person’s assets will be shared in case someone dies without a Will. Most people assume that the state will be fair enough to hand over the property of the deceased to the surviving spouse, which is not the case. Often, the state will give only a portion of the assets to the surviving spouse usually between one-third and one-half. The rest of the property is given to other family members. The law does not take into account any personal relationship that the deceased may have or consider the person’s preferences. To avoid such a scenario, it is vital to draft the Last will. This is the only way that one can fight against such indifferent laws. A Will is a legal document designed to ensure that one’s assets are passed down from one generation to another in a relatively simple and easy way. The Will allows you to make a statement directing to your spouse inheriting your property, or which child should take the family business, or which organization should benefit from your support. The major and most crucial benefit of proper estate planning is the naming of the guardian. It is a neglected fact by most people with minor children to think of who will take care of these children in case both parents die.  In case such a mistake is done, and both parents are deceased, the court takes it as their responsibility to appoint a caregiver to the children. This decision by the court may not be a good choice as compared to when the parents did the selection of who will take care of their children. A Will gives you a choice of making this crucial decision by yourself without any interference from the judge or court who can never know the needs of your children better than you do. Every state has laws that specify the executor of the personal affairs of the deceased. The list created by the lawmakers is quite expensive and may include even the decedent’s creditor. What this means is that the interests of the executor are at odds with those of the family.  However, if the creditor is not named as the executor, the court will step in and in most cases appoint one of the siblings to take the role of the executor. In such a case, a fight is most likely to arise with some family members claiming that the dividing of the inheritance was not fair. Others may claim that a certain asset was meant for them and not the other sibling. Having a well written Will, you can avoid all these chaos by simply appointing an executor who will be honest and fair. You can choose anyone you can trust to take this role to avoid post-death wrangles among your family members. Estate planning allows you to plan for your last illness. On your will, you can include a directive on how you wish to be treated when you take ill before you die. Everyone has a particular way in which they wish to be handled towards the end of their lives. An advance directive on healthcare gives you the chance to stipulate your preferences. A good estate plan also includes an attached document that gives authority to your family member or any other trusted person to take care of you and oversee the use of your finances if you are not able to take care of yourself again. The absence of these documents puts you at the risk of having these crucial decisions made for you and in most cases not in a manner that you wish. An estate plan comprises of a set of documents that asists you in planning for death and tax certainties. often, when people hear of the term estate plan, many take it to be a complicated thing  that is meant only for the wealthy. The truth of the matter is that an estate plan is meant for everybody despite the complexity of their families of finances. Whether you are wealthy or not, there is a need for you to have a proper estate plan. It is also useful that you have an experienced estate lawyer to assist you in drafting a Will. This will assist in you avoiding making any mistakes that are likely to cost you in future. Tulsa Estate Planning Lawyer will help you in drafting a Will that takes care of your needs at the time of your death. An advanced directive and the help of Tulsa Estate Planning Lawyer, helps you in attaining these goals during your life.  Nobody anticipates a scenario whereby they work hard to ensure that their family is well taken care of by acquiring wealth for them only for the family to be left fighting for their possession once they are gone. To prevent this, a will or an estate plan is what you need. It keeps your family interests protected once you have left. It will also help in preventing any family fights that are likely to occur when the property is being shared. A Will ensures that your property or wealth is passed to your heirs at a minimum cost; both fiscal and emotional. In conclusion, Estate Planning is one of the most important and most neglected part of life. When avoided or done wrongly, it can be costly. There are numerous options for DIY estate planning that can be useful to people with fewer assets and estates that are simple to save money. It is important that everyone considers hiring an estate planning lawyer to get the best out of their assets and ensure that their families do not have passed away.