A levy is typically the third or fourth response of the IRS after a taxpayer has chosen to ignore notices. If a taxpayer receives a notice from the IRS, the IRS obviously expects the taxpayer to respond in some way. If the taxpayer doesn’t respond within the time allotted, the IRS is left to assume that the taxpayer has no intention of taking steps to remedy the situation that the IRS is trying to address.

The first piece of mail a taxpayer will typically receive is called a Notice and Demand for Payment. If the taxpayer doesn’t respond to this, the taxpayer will receive a Final Notice of Intent to Levy and Notice of Your Rights to a Hearing, and it’s just as serious as it sounds.

Remember that if a taxpayer’s employer is required to levy the taxpayer’s wages, then that employer essentially has no choice. Since the situation now involves not only the taxpayer, but also the taxpayer’s employer, it’s in the best interest of the taxpayer to do whatever is necessary to respond to the situation. Here are five ways to ensure that you avoid a tax levy.

1. Make sure you’ve filed everything you need to file. If you’ve receive a notice from the IRS, remember that taxes from all years must be filed in order to negotiate with them regarding your debt. If you’ve skipped filing in the past, hire a tax attorney to help you prepare your taxes. You can also hire a CPA, but remember that a bookkeeper or CPA is not held to the same standards of confidentiality that a tax attorney is.

2. One way to stop a levy is to contact the Office of Appeals to file for a Collection Due Process hearing. This is not an option for everyone, so research the specifics of this process to make sure that you are eligible.

3. Find out if the IRS has already charged you penalties and interest. If they have, then you may be able to request a penalty abatement. This will reduce almost all of the penalties that have been assessed.

4. Research your past returns to make sure that you actually do owe money to the IRS.

5. Find out if you are eligible for an IRS Debt Settlement Program, Installment Agreement, Offer in Compromise, Currently Not Collectible, or Innocent Spouse.

Once you have been through the previous five steps, you will be in a position to settle your back taxes with the IRS. The best thing you can do for yourself is to hire a tax attorney. A tax attorney will be able to remove the levy quickly and then continue to assist you as you work to resolve the entirety of your debt.

Not only will the tax attorney be able to remove the levy, but he or she will be able to represent you as you continue your negotiations with the IRS. Tax attorneys are very familiar with loopholes in the tax law, as well as the myriad of ways that you can settle. Tax attorneys also have more experience talking with IRS auditors and aren’t vulnerable to the intimidation techniques used by IRS agents the same way you may be.

But don’t wait until you’ve received a notice from the IRS to hire a tax attorney. A tax attorney can help you arrange your financial situation such that you will never come under the scrutiny of the IRS, and that can save you months, even years, of stress. So find a qualified tax attorney in your area, take advantage of a free consultation to explain your unique situation, and enjoy the relief that comes from having a professional working for you.

Seomul Evans is a Online Marketing Services consultant for leading Dallas IRS law firm and contributor of Free Reprint Articles.

[tags]Law,dallas,texas,fort worth,lawyer,attorney,estate,taxes,audit,DFW,IRS,government,litigation,finan[/tags]

The Fourth Amendment protects people from unreasonable searches and seizures, and Americans are well aware that you don’t give up your rights just because you get in your car. As the Supreme Court noted in Coolidge v. New Hampshire, “[t]he word ‘automobile’ is not a talisman in whose presence the Fourth Amendment fades away.”

Generally, this protection against unreasonable searches and seizures means that police officers may not search an individual without a valid warrant. However, the Court has carved out several clear exceptions to this general rule. In the motor vehicle context, these include search incident to arrest and an inventory search after impoundment.

Search Incident to Arrest

Despite the privacy interests protected by the Fourth Amendment and the fact that generally a search without a warrant is unconstitutional, the Court has recognized that police officers must be allowed to search an individual as part of an arrest. This search protects police officers from potential hidden weapons and ensures that an arrested person is not able to destroy evidence in the immediate vicinity.

However, the boundaries of this search have changed with time. Most recently, on April 21, 2009, in Gant v. Arizona, the Court restricted the circumstances under which police officers could rely on a search incident to arrest to search a vehicle. The Court held that after police have arrested and secured the occupant of a vehicle, the police may not use this exception to search the vehicle.

This is a significant departure from prior rulings in this area. For nearly 30 years, police officers have been using the search incident to arrest exception to search the entirety of a vehicle’s passenger compartment when an arrest involves an individual in an automobile.

In Gant, the Court left some room for police officer discretion for cases involving search incident to arrest. The Court acknowledged that a search incident to arrest could be justified “when it is reasonable to believe that evidence of the offense of arrest might be found in the vehicle.”

In the Gant case itself, the search was not justified, because Gant was just arrested for driving on a suspended license; there was no additional evidence of the offense that the police could have found. But what if he had been arrested on another charge, such as drugs? The Court left open the possibility that the offense of arrest may itself supply sufficient grounds for searching the passenger compartment of the vehicle, including containers.

Even with this open-ended possibility though, the holding places substantial restrictions on the scope of search incident to arrest. Accordingly, this holding seems like a victory for privacy rights advocates. Unfortunately, the ultimate consequences may not be as significant as they initially appear.

Inventory Search

The problem, from the standpoint of someone interested in protecting the privacy rights of individuals, is that police may still access the vehicle through an inventory search. For more than 30 years, the Court has allowed routine police inventory searches of the contents of impounded vehicles, even if a car was only impounded for ordinary traffic violations.

One potential consequence of Gant is that police departments may change their policies and opt to impound cars as a matter of course. On a DWI arrest, for example, police may previously have stopped the car, arrested the driver, searched the car incident to arrest and then let a sober passenger drive it away. Now, after Gant, they may change their policies to tow the vehicle every time so that they are allowed to search the vehicle every time even if that means inconveniencing passengers for no good reason.

State by State?

The impact of Gant on inventory searches may vary by state. In some states, statutes may grant a driver or passenger the right to remove personal possessions from the vehicle before an inventory search. Or police may even have an affirmative duty to allow the driver a reasonable opportunity to make alternative arrangements for the vehicle before impounding it. Law enforcement agencies across the country are reviewing the relevant state and local laws and policies in the wake of the Court’s decision.

Given how prevalent vehicle searches have become, the suspicion remains that Gant will not be an unmitigated victory for privacy rights. In a Newtonian sense, in which every action has an equal and opposite reaction, the result of fewer searches incident to arrest may be more impoundments, depending on where you live.

Or, given the Court’s evident concern about so much rummaging by law enforcement through vehicle occupants’ personal property, the operative image may be Heisenberg’s uncertainty principle. It could be that the impoundment exception itself, like the search-incident-to-arrest exception, is ripe for limitation. Ultimately, the full consequences will not be known until police officers and law enforcement agencies have an opportunity to revamp their policies to ensure compliance with the holding in Gant.

Reference: Stone & Law

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Governor Christine Gregoire signed into law the state’s first centralized, electronic database for registered sex offenders and kidnappers. The on-line registry is accessible not only by law enforcement agencies, but also by the public. The system allows members of the public to search the database for sex offenders living in their neighborhoods by county, city, zip code, last name, type of conviction and/or address by hundred block. People also have the option of signing up for email notifications when a sex offender moves within a certain proximity of their homes.

Before the centralized system, each county’s sheriff’s department maintained their own database for sex offenders living in their jurisdiction. However, the information available in each database varied greatly. The new system will be maintained by the Washington Association of Sheriffs and Police Chiefs (WASPC).

While the legislature passed this law with the intent to provide information to Washington’s citizens to help them protect their families from sexual predators, the law may in fact violate the privacy rights of those who already have served their sentences and who are trying to rebuild their lives.

Sex Offender Classification System

The proposed changes in Washington’s sex offender registry in part are in response to the creation of a national standard for sex offender registries. Under the federal Adam Walsh Child Protection and Safety Act (”The Adam Walsh Act”), all states are required to have a central, electronic sex offender registry by July 26, 2010.

The Adam Walsh Act also requires states to have a uniform system for categorizing sex offenders, which has in turn required Washington to reclassify offenders living in the state. The classification system is as follows:
- Level 1: reserved for those least likely to become repeat offenders. Level 1s are generally first time offenders who knew their victims. They have completed, or are in the process of completing, a treatment program. Level 1s are required to register for 15 years and update their information once per year.
- Level 2: reserved for those who are moderately likely to reoffend. Level 2s generally have more than 1 victim who they subjected to long-term abuse. They did not complete, or refused to participate in, a treatment program. Level 2s are required to register for 25 years and update their information every 6 months.
- Level 3: reserved for those most likely to become repeat offenders. Level 3s generally have more than 1 victim, whom they may or may not have known, and are likely to have committed other crimes of violence. Level 3s are required to register for life and update their information once every 3 months.

Sex offenders are required to register in person with the sheriff’s office for the county they intend to live in. The level assigned to a sex offender is determined at the time of registration by the particular law enforcement agency.

What Information is Available?

Under Washington 4.24.550, the following information must be available on each offender: name, address by hundred block, criminal convictions, physical description and photograph. The names of all registered kidnappers, Level 2 offenders and Level 3 offenders will be available on the site, but Level 1 offenders only are listed if they have failed to comply with the state’s registration laws.

Who is Required to Register?

Washington law requires those convicted of the following crimes to register as sex offenders with the state:
-Rape 1, 2 or 3
-Rape of a child 1, 2 or 3
-Child molestation 1, 2 or 3
-Sexual misconduct with a minor 1 or 2
-Indecent liberties
-Voyeurism
-Incest 1 or 2
-Kidnapping 1 or 2 (unless it involves a parent)
-Unlawful Imprisonment (unless it involves a parent)
-Sexual exploitation of a minor
-Dealing in depictions of minor
-Engaged in sexually explicit conduct
-Sending or bringing depictions of minor into the state
-Communication with a minor for immoral purposes
-Patronizing a juvenile prostitute
-Any federal, military, foreign or out-of-state conviction for an offense that would have been one of the listed offenses if it had been committed in Washington
-Any gross misdemeanor that is a criminal attempt, criminal solicitation or criminal conspiracy to commit an offense that is classified as a sex offense
-Any felony with a finding of sexual motivation

Impact of the Sex Offender Registry

Critics of sex offender registries have expressed concern over the impact they have on the privacy rights of individuals and have questioned the inherent fairness of punishing someone who has already served their court mandated sentence. Several states have raised questions about the constitutionality of the Adam Walsh Child Protection and Safety Act and, to date, no states have received approval of their programs from the federal government.

Implementing Washington’s on-line database also raises important questions. With the new classification system, offenders in the state who were considered low level offenders may now be reclassified at a higher level. This could mean that people who have been living peacefully in neighborhoods for years will have their pictures sent out to schools, community organizations and others as part of the state’s community notification requirement.

Even if offenders are not classified at higher levels, their friends, co-workers and neighbors now will be able to search for their names on-line and find out whether they have ever been convicted of a sex crime. The longer registration periods mean those wishing to put a mistake from their past behind them will have more difficulty moving on with their lives - and, in turn, will be forced to suffer the stigma of being a registered sex offender for greater lengths of time.

There is also a legitimate concern that the registry could be used as a means to harass, threaten or even harm those listed in the database. There have been cases in other states where people have used the information in sex offender registries to do just that, or even worse.

Conclusion

If you are facing charges for a sex offense or other crime that could require you to register with the state’s sex offender registry, it is more important now than ever before to protect your rights. In some situations, you may not be required to register or may have your registration removed after a period of time. An experienced criminal defense attorney can explain your options and help prepare the best defense for your case.

Reference: Jim Newton

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There are several ways in which you can prove that you speak enough English or French to benefit the Canadian economy. If you are immigrating from an English- or French-speaking country, or if your high school or college transcripts show that you have taken acceptable levels of English or French, this can be enough proof.

However, if you haven’t studied English or French in a formal setting, or if your present level is considerably higher than your high school or college transcripts indicate, you must take one of several language evaluation tests available all over the world and recognized by Citizenship and Immigration Canada. Once you complete these tests, you will be given a document with an official evaluation of your language abilities.

This test might also come in handy later, if you decide to continue your education in Canada. It will become part of your educational credentials, like your high school and college diplomas and transcripts. For the purposes of Canadian immigration test results are good for 1 year.

International English Language Testing System

The International English Language Testing System (IELTS) was created by educational organizations in Great Britain and Australia. Today it has more than 400 centres in 150 countries all over the world. The test is the same everywhere, and all testing personnel is trained and monitored in the same way: no matter where you are, your knowledge of English will be measured in the same way. The test measures the same four language skills you had to evaluate above: Speaking, Listening, Reading and Writing.

1. Fees

The fees are based on location, and are payable in the currency of your country. They are usually payable by cash or money order, but different locations might have different rules. Please ask your local testing location about the price in your currency and method of payment.

2. Registration
To register for the test, you must contact a certified location near you. Do not take a test unless you are sure the location is part of the IELTS network! The tests are usually administered in British and Australian embassies and consulates and on college and university campuses. You can search for a location near you at the official IELTS website. Since you have to provide certain documents and pay a fee at registration, you might be asked to come to the testing location to register in person.

When registering, be sure to bring:

-Your passport or national identity card*

-2 recent passport-size photos

-Fees

*The identity card must have a number, your photograph, your date of birth, and your signature. If you are taking the test in a country other than the country of your permanent residence, you must provide your passport.

If you want a copy of your results sent directly to your potential employer or a college or university. IELTS will issue originals to you and each organization, but will not issue copies if the originals are lost or damaged.

Keep in mind that there might be a waiting list for the test. At certain times of the year when students send out their college applications, the waiting list can get quite long. Also, though most locations hold IELTS tests almost weekly, some locations might have long waits between tests. Please contact the location near you well in advance to find out how often the tests are offered and whether there’s a waiting list. But remember: the results of the test are valid for 1 year. So plan it well!

3. The Test

Be sure to study before taking the IELTS test. The official IELTS website provides free samples and offers more extensive guides for a charge, and has an extensive and very helpful official teaching resource which provides sample questions and explains in practical detail how the test is designed and graded. This resource is designed for instructors, but can be used successfully as another free study guide.

The four language skills are tested separately:

The Listening part:

40 questions in 4 sections

30 minutes

The Reading part:

40 questions in 3 sections

60 minutes

The Writing part:

1 question for 150 words
1 question for 250 words

60 minutes

The Speaking part:

Can be taken up to 7 days before or after the others

11-14 minutes

You have to complete the Listening, Reading and Writing parts of the test on the same day. You can take the Speaking part on the same day or arrange to take it separately, but you must do it within 7 days either before or after taking the other three parts.

In the Reading and Writing parts of the test, you will see that there are two versions of the questions: Academic Option and General Training Option. The Academic Option is designed for people who want to study in an English-speaking country on a post-graduate level or higher. The General

Training Option is designed to test your ability to function in daily situations, at work, in social settings, etc. For the purposes of Canadian immigration, you must take the General Training Option of the test.

Writing in English:

If your Writing score is between 7.0 and 9.0, you get 4 points if English is a first language, or 2 points if it’s a second language.

If your Writing score is between 5.0 and 6.9, you get 2 points.

If your Writing score is between 4.0 and 4.9, you get 1 point*.

If your Writing score is 3.9 or lower, you get no points for the Speaking section.

*You can use only 2 of the points marked with an asterisk.

Be sure to make a copy of the Test Report Form and attach it to your Skilled Worker application.

Qualify for Canada Immigration.The Immigrationcare is your best source of information about immigrating to Canada, settling in Canada, and Canadian citizenship.Free information on Canadian Citizenship and Canadian Immigrationfrom Canada Immigration Lawyer.

[tags]Canada Immigration, canadian immigration, Canada citizenship, Canada Immigration Visa[/tags]

Work is something that we all need to do to survive, and in many cases, some of these jobs have inherited dangers. If you are a little negligent, your chances of actually incurring an accident are higher. But sometimes, these things cannot be helped, especially in something where one must use tools to build something or the like. Unfortunately, if one happens to hurt themselves, to the point where they cannot perform their duty, the bills do not stop. They will still need to be compensated as if they were working, because there are still responsibilities that must be handled.

Luckily, there is a such thing as a personal injury compensation claim to handle these things. The insurance company is willing to pay the person for these damages, and sometimes they do not give a person what they deserve. There is a way to determine how much a person should get for these things, as it is not just paid out randomly. They have their method of calculation using a quite complicated method. There are many variables that they assume, so it’s always best to have a lawyer experienced in the field.

Things to Consider
There are always the medical expenses that one would have to incur because of this accident, and this is calculated into the insurance company’s formula. One with the injury will more than likely have to miss work, so this is also that is infinitely important. There is also the chance that there may be some property damage that will have to be fixed or replaced all-together.

There is also the chance that the injury may be your fault, which is also considered in the formula of the insurance company. Regardless of this fact, this does not mean that you should receive sufficiently less, as this works on a percentage system. In this case, the insurance company will especially try to make this fact known and make a person feel a higher degree of guilt than they are actually responsible for.

Experience
Having an experienced lawyer in the personal injury claims is probably the best advice that anyone can give. The truth of the matter is that many insurance companies will ty to pay you the least amount, and if a person doesn’t have a lawyer available, they will use this against the person. It should be taken into consideration that they are also a business, and should be treated as one. They are not in the business of genuinely helping a person as much as keeping as much capital in their company.

In making a personal injury compensation claim, it is important that a person gets exactly what they deserve. The insurance company has a way of bullying those that they do not deem competent, and with a lawyer, there is a little more muscle on your side. Hiring a lawyer is probably the best advice for anyone who are seeking compensation for an injury, as they will be better off in maximizing their gain. This is a time for recovery, not more headache.

Find a Toronto Personal injury Lawyer that will help your case with honesty and integrity. Whether it’s a motor vehicle Injury, Personal injury claim, Paraplegic and Brain Injury or a Slip & Fall Injury or accident benefits, our Law Firm can help you.

[tags]legal,law,lawyer,health,injury,Accident,traffic,litigation,Slip Fall Injury,hiring,personal[/tags]

Hello Canada! I am glad you understand.

Canada is not happy about all the Mexicans heading their way. Seems they are having to pay for their way, including food, housing and health care. I sure am tickled you finally understand our problem down here in Texas and all over the US. We appreciate your wanting to help out. Our coffers are about empty from supporting so many of them.

Plus everyone is saying how rotten we are for not helping more to and take care of these people. It is about time you begin to understand why the US has had enough of immigrates that sneak into our country.

I just heard today that Canada is getting thousands of Mexicans and other illegal aliens that manage to get though the US who are looking for a free ride and your system has a loop hole that says you must take care of them. Well, welcome to the club!!!

We down here in the lower part of North America are about broke, not to mention so many of them are criminals that even their own countries doesn’t want. Just maybe if other countries are having the problem we can do something to change the laws that say these people can ride free.

Don’t get me wrong, I feel for the Canadians. They are experiencing what we have been going through for ages and have had rocks thrown at us for complaining about. Florida is now using their local police to deport illegals they find breaking the laws. So is Texas and a few other states. Cities are getting tired of paying for all the new born kids that are being born in this country by people who cross our borders with out a legal means. Then their kids claim they are United States citizens.

They cry you can split up families by sending the ones that got here crossing the deserts and rivers with out an invitation. As far a I’m concerned if they had no legal right to be here their kids should not be being born here either and if they are they have no right to be a citizen.

Oh I do understand they want a better life. I can not blame them for wanting that, but I can tell you if they want it, DO NOT sneak in and have your kids here to try to get it. The US needs to change the law about kids being born here are citizens. Yes, we are supposed to be a country of all kinds of people but let us remember the Irish, Germans, Polish and Russians for the most part all came in legally.

They are trying to take our country away from us. They want us to speak their language, don’t respect our flag, and hand them a silver invitation to come here so let us take care of them. Now Canada is getting a bit of a taste for what is happening here in the lower 48 states.

They have protests and wave the Mexican flag. We send their kids to school, force our teachers to learn their language, and treat them like they were guests. They are not guests, they are law breakers. If we were in their country do you think their laws would protect us if we did the same things they do? Not hardly. No one but Mexicans can own land in Mexico. They sure don’t bend over backwards to learn our ways.

If they want to be US Citizens, then why are they asking us to learn their ways, sing our national anthem in Spanish and why are we having to punch one when we call on the phone to get the English language? They don’t want to be a part of our nations or yours Canada. They want to take over your country and ours and if you don’t watch it they will over run you like they have been us.

I have no problems with people who come here legally and want to be a part of our world. However, I do with those who have with those who have no right to be here anyway. and

If they are hungry, so are lots of people in this country that are US citizens too. Why should we worry about all the foreigners when we have starving people of our own that don’t get anything handed to them?

If you look at the crime rates in California, Texas, Florida and other place, most of the crimes are being committed by these same people who supposedly came her looking for a better life. Well, they aren’t looking for a better life, they are looking for a hand out and I for one am fed up with them. Let them get a handout in their own country and go back home.

Enough said, I will get off my soap box now.

Qualify for Canada Immigration.The Immigrationcare is your best source of information about immigrating to Canada, settling in Canada, and Canadian citizenship.Free information on Canadian Citizenship and Canadian Immigrationfrom Canada Immigration Lawyer.

[tags]Mexican Immigrants,Canada Immigration,Canada citizenship, Canada Immigration Visa[/tags]

Compromise agreements are a kind of redundancy or severance package agreed between an employer and an employee. Compromise agreements are used when severance is voluntary, as opposed to being compulsory or forced upon the employee. As a voluntary arrangement, compromise agreements usually some form of incentive or monetary compensation for the employee.

When a compromise agreement is entered into, the employee signs a legally binding agreement that they will seek no further redress from their previous employer. That is to say a compromise agreement is a final, absolute settlement. It is therefore particularly important that the employee makes the right decisions through the process, particularly if there are other factors involved (for instance open grievances regarding discrimination).

Due to the complexity and totality of a compromise agreement employees are required to have a representative throughout the process. This can be a trade union representative who will normally have received training in the process. It is more usual however for a solicitor to be appointed to represent the employee.

Solicitors contracted to work on compromise agreements on the behalf of an employee are usually paid for by the employer, so an employee can expect to complete the process cost free.

When a solicitor is appointed on their behalf, it is important that the employee is happy with the individual selected. Normally one would expect that the solicitor would have specialist knowledge of employment law and specific experience of representing clients throughout the compromise agreement process.

There are a number of solicitors offices which specialise in compromise agreements, so it would make sense that the employer would approach these agencies first, as opposed to seeking more generically qualified or experienced solicitors.

The actual process can be complex if there are specific issues that need to be resolved, such as grievances that infer wrongdoing on the part of the empoyer. That said, most compromise agreements should run relatively smoothly allowing agreement to be reached quickly.

The key issue, as one would expect in such circumstances is money, i.e. the amount of compensation / incentive paid to the employee. How difficult this is largely depends on how well the company / employer has prepared for the situation. For example, many companies have processes and policies already in place to deal with the compromise agreement process, as well as experienced human resources specialists.

In these cases there is often a calculator or rate sheet in place which allows the level of payment to be decided based upon an employees salary and length of service with the company. In these cases agreement can be reached quickly and easily.

In more complex cases, or when dealing with ill prepared companies, the process can become more focussed on direct negotiation, which requires a higher level expertise on both sites.

Compromise agreements are often offered to older employees first, as these people tend to cost companies more, and, investments in training are likely to deliver a smaller return as they will leave within a shorter period of time.

This can further complicate the process of compromise agreement as, with older employees the issue of pension entitlements becomes more acute. So, older employees have to negotiate not only their lump sum pay out, but also the enhancements for their pension. Clearly these are big decisions for the employee concerned, so again, it is important that the employee is happy with the solicitor appointed.

Once negotiation is complete and terms are agreed, all that remains isf or the agreement to be drafted and signed by both parties.

Once that is done the employee is required to sign the agreement, agreeing that this is the final and only claim they will submit to the company. Once that is done, and the compromise agreement is processed, funds will be transferred to the employee to complete of process.

Patricia Montana is a solicitor specialising in employment law who has conducted hundreds of compromise agreements throughout his career. For more information on compromise agreements please visit http://www.compromise-agreements.org.uk/

[tags]employment law, employment lawyer, employer solicitor, redundancy, severance, contract law[/tags]

By their very nature, family law proceedings cause a great deal of emotional pain and confusion in a person’s life. One’s focus is, understandably, on how the process is going to impact his or her children, retirement plans, real and personal property and overall financial health. In the midst of the storm, parties in a family law action must continue to perform at work, provide emotional support for their children and determine how they are going to maintain two households on the same income that, only a few weeks prior, seemed barely sufficient to keep one household afloat. It is not surprising that many people enter into these matters with only a cursory understanding of the differences between the date of their separation, legal separation and dissolution of marriage.

Date of Separation

The economic consequences relating to the determination of the date of separation can be significant. It is on this date that the entity known as the “community estate” is terminated and the spouses stop acquiring community property. The date of separation, however, has no impact on the parties’ respective interest in previously acquired community property. All income earned after the date of separation is the separate property of the spouse who earned the income. Similarly, all debts and obligations accumulated following the date of separation are the separate obligations of the spouse who incurred the debts. All property rights, including those related to retirement benefits accruing after separation, are the separate property of the spouse acquiring the property. So, given its importance, just what is the “date of separation?”

The date of separation is established based on the relationship of the spouses. It occurs when the marriage is at the point where the parties have come to a parting of the ways and have no present intent of resuming their relationship as husband and wife. The court will consider conduct that evidences a complete and final break in the marital relationship. This, obviously, is more than a simple disagreement between spouses. The analysis requires that at least one spouse have the subjective intent to end the marriage and take some step which indicates a final break in the marital relationship. The date of separation is established without a court order and usually occurs before an action to terminate the marriage has been filed.

Legal Separation

Unlike the initial separation of the parties, a legal separation requires a court judgment. A judgment of legal separation has essentially the same effect as a judgment dissolving a marriage with one important difference. The spouses are still married. As such, the parties are not free to remarry until a judgment dissolving their marriage is entered. As part of a judgment of legal separation issues related to child custody and visitation rights, the amount of child support and spousal support, if any, is to be paid by one spouse to the other and division of community property is decided

Legal separation is available for persons whose religious, moral or personal beliefs prevent them from terminating their marriage. It is also used tactically when neither spouse has met the residency requirements necessary to request that the marriage be dissolved.[1] Spouses will also agree to file for legal separation, rather than dissolution of marriage, to protect health insurance benefits for a spouse who cannot obtain such coverage at a reasonable cost. Care should be taken, however, as many health insurance providers do not differentiate between legal separation and dissolution of marriage and deny benefits beyond the date judgment of legal separation is entered.

Both parties must agree for a judgment of legal separation to be entered rather than a judgment for dissolution of marriage. At anytime prior to the entry of judgment, either party may amend the petition or response to request the dissolution of the marriage. The court will grant the dissolution of marriage at the request of one of the spouses even over the objection of the other.

Dissolution of Marriage

For a court in California to have jurisdiction to issue a judgment of dissolution of marriage, at least one of the spouses must have resided in this state for the six months, and in the county in which the action is filed for three months, immediately before the petition for dissolution of marriage is filed. The judgment dissolving the marriage may not be entered sooner than six months after the respondent spouse has been served with a copy of the summons and petition or otherwise appeared in the action.

Upon the entry of a judgment dissolving their marriage, spouses are returned to the status of single persons. At that time, they are free to marry again if they so choose.

This article is intended to help persons to understand the basic differences between separation, legal separation and dissolution of marriage in California. Because each person’s individual facts and circumstances are different, it is critical that one seeks the advice of a competent attorney before selecting the marital status remedy that will effectively addresses his or her situation and the issues he or she faces.
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[1] California requires that a person reside in this State for six months, and in the county in which the dissolution action is filed for three months, immediately prior to the filing of a petition for dissolution of marriage. (Family Code section 2320.)

Dale J. Blea has been a practicing attorney in California since 1993. Mr. Blea’s primary areas of practice include business litigation and family law. He is a partner with Joseph M. Arnold in the firm of Arnold & Blea, LLP, which also serves clients in employment, personal injury, estate planning and criminal matters. The URL for Arnold & Blea, LLP, is http://www.arnold-blea.com. The author may be contacted at dblea@arnold-blea.com.

[tags]divorce, separation, legal separation, dissolution of marriage, date of separation, California[/tags]

The world is full of challenges at the moment. While some may be fleeting, others have the potential to impact everything living on this planet, for a huge number of years to come. Climate change is one of the greatest challenges facing Thai law makers as well as ordinary citizens. A recent move towards better energy conservation in buildings may affect your company - Thai business law experts explain here the affects of the new energy conservation regulations in buildings.

The regulations are only applicable to a narrow range of construction projects in Thailand, that is, those with floor plan space of 2,000 square meters or more. However, for these projects, there will be a substantial affect on their design and execution. If your plans were filed before June 20, 2009, the new Thai law is not applicable. However, Thai legal advice is encouraged for businesses filing construction plans after the specified date.

The regulations also apply to any projects modifying the construction of certain types of establishments. The types of businesses which will need to implement energy-conserving designs under the new Thai law include:
Medical buildings
Educational buildings
Condominiums
Offices
Entertainment buildings
Halls
Service establishments
Hotels
Department stores, shopping or trade centers

Aspects of design which must be considered, measured, and fall within certain parameters, include the thermal transfer value of the building, or how well insulated it is. Heating and cooling is well-known to be one of the major consumers of energy, especially in a tropical climate. Air conditioners and water heaters must adhere to minimum efficiency requirements, and a maximum electrical power for lighting systems will be designated.

This should encourage the use of compact fluorescent rather than the much higher energy-consuming incandescent lighting. Thailand lawyers, in conjunction with architects and energy consultants, will be able to ensure compliance with the new Thai laws.

Buildings that are partially powered by renewable energy will have certain exemptions applied, according to corporate legal services in Thailand. Increases to their overall energy consumption limits may be made, in recognition of the fact that part of the power comes from renewable sources.

It is possible that the new Thai laws will be integrated with the Building Control Act of 1979 in the future, meaning that even at the beginning stages of a construction project, managers must have plans for complying with energy efficiency guidelines. In order to obtain a construction permit, project managers may have to prove compliance with the laws before being able to obtain a construction permit.

Thai legal services are advising companies to take advantage of the new regulations, to learn how to increase energy efficiency and make cost-savings across their entire operations. With the rising cost of fuel, it is expected that energy will become an even more significant business expense than it is currently. Efficiency measures not only allow compliance with Thai laws, but can increase profits and raise the ’social capital’ of a business by increasing environmental responsibility.

BSA Law has focused on providing reliable thai Law consulting and services to the business community in Thailand for nearly 30 years.Click to find out more about Law firm in Thailand.

[tags]Thai business law ,Thai labour law,Thailand lawyer,Thai Law consulting,Thai Law firm[/tags]

Thailand is a small, and relatively less developed country than many, yet has much to offer in the way of natural resources and trading goods. The current economic climate has encouraged several countries to review how they deal with Thai business law, including importing and exporting regulations, in order to benefit both parties.

South Korea and India are looking to open their borders in the near future to ASEAN countries, including Thailand. Thai law consulting firms look at how the new ASEAN agreements will affect importers and exporters, as well as examining the historical benefits of other major free trade agreements (FTAs).

South Korea is the most recent country to complete an ASEAN free trade agreement. There are several industries that are set to benefit from this change to South Korean and Thailand law, including the food, paper and medical tourism industries. Thailand business lawyers expect that a lifting of restrictions on medical tourism to Thailand should increase the South Korean patient base in Thailand to around 10,000 per year.

Office paper producers, as well as shrimp and seafood exporters, will also be allowed to increase trade with South Korea. Law firms in Thailand have seen estimates of increases up to $150 billion dollars in two way trade between South Korea and all ASEAN countries, with the new contract.

In August this year, the ASEAN economic ministerial meeting will be held in Thailand. India is expected to sign a free trade agreement, which will liberalize 95% of goods traded between the two countries. Check with your Thai law consulting firm as to whether the India-ASEAN agreement will affect your business. Some economic experts foresee an increase of up to $10 billion US dollars in the coming 3 to 5 years.

The beginning of the India-ASEAN FTA is scheduled for January, however may be delayed in concerns over one of the key tariff reduction document that are expected do arise. The agreement’s implementation is hotly anticipated - 75% of the tariffs on agricultural and industrial products will be reduced to zero as soon as 2012, and 10% of taxes on other items will be wiped off by 2015. Tariff reductions on other items will remain negotiable, and can be detailed for your business by your Thai corporate legal service.

The Thailand-Australian free trade agreement is not a new one - it is due to come to full fruition in the next six months, by the start of January 2010. High tariff barriers have been reduced in Thailand (with some goods having a reduction of up to 200% in tariff barriers), and in exchange, Australia has reduced all tariff barriers on Thai merchandise, with some notable exceptions under Thai law. Your Thailand business lawyer can help identify the remaining tariffs that may affect your business - some include textiles and clothing imports.

Thailand’s free trade agreement with Japan has also been assisting the economic outlook in both countries for two years now, with further reductions set to occur until 2017. Up to 97% of Japanese exports to Thailand, and 92% of Thai exports to Japan will be come tariff free within the allotted time.

BSA Law has focused on providing reliable thai Law consulting and services to the business community in Thailand for nearly 30 years.Click to find out more about Law firm in Thailand.

[tags]Thai law,Law firm in Thailand,Business law Thailand,Legal service Thailand[/tags]