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What You Must Know when Hiring a Attorney in Webster ?

Divorce is not always easy because there are so many legalities involved in the process. Child custody, property settlements and parental responsibilities are some of the legal issues that come into the picture when getting a divorce. It can be mentally and emotionally taxing and the last thing you want to do is struggle with the process. A divorce lawyer comes in handy during this trying phase of your life. The divorce attorney represents and guides you through the process, making it easier for you to handle. But to enjoy a smooth process, you must find yourself a reliable attorney.

1. Talk to friends and relatives

2. Know what your needs are

3. Do your research

4. Create a budget

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Most people buy a new home, get homeowner's insurance, and sit back thinking they are protected in the event of a natural disaster. That is what insurance is for, right? Well, yes, and no. The fine print of your homeowner's insurance is likely to have a list of what is covered, and not a whole lot about what is not covered.

Take flooding, for example. Your policy may state that you are covered from damage by rain. What this means is that you are covered from water falling from the sky. If your roof springs a leak, and you've kept up with proper maintenance, then in theory your roof will be covered when it collapses under the pressure of a big thunderstorm. But if that same storm causes the stream that runs through your back yard to overflow and run into your basement, you are most likely not covered for that damage. But wait, the rain from the sky caused the creek to flood, so it is all rain damage, right? Um. No. Rain, by the insurers standpoint, comes from the sky. Flooding comes from the ground. So you are not covered.

The problem with this plan is that insurance companies are all about lessening their risks. If your house is on the beach in the Florida Keys, the insurance company knows it is very likely at some point you will have damage from a hurricane. Unfortunately for you this means your premiums will be very high, as the insurance company, like any business, wants to make money.

The key is to make sure you understand what is and is not covered on your current policy.

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In most circumstances, a judgment of divorce of a foreign national court has no independent force outside the forum's territory. Thus courts will enforce their own judgments within their own national boundary.

As a general rule, a judgment of a court of one nation may be recognized and enforced in another nation if the courts of that nation are willing to accept the decree of the nation where the judgment was issued.

Recognition and enforcement of foreign judgments occur when a U.S. court relies upon foreign divorce ruling, on the ground that it has been previously litigated abroad. Thus recognition of foreign divorce judgments is akin to the domestic U.S. doctrines of res judicat (or claim preclusion, prevents parties of a claim from re-litigating the same claim), and collateral estoppel (or preclusion which extends the preclusive effort of a judgment to re-litigation of issues that were decided in a prior action.) The enforcement of foreign divorce judgment is typically sought by a plaintiff who has obtained a judgment in a foreign country.

In the United States, the judgments of one state's court are routinely enforced in another state. Article IV, Sec. 1 of the U.S. Constitution requires that "Full Faith and Credit shall be given in each State to the public Acts, Records, and Judicial Proceedings of every other state." Congress has implemented the full faith and credit clause by statutory enactment providing that judicial proceedings "shall have the same full faith and credit in every court within the United States...as they have by law or usage in the courts of such State...from which they are taken." (28 U.S.C. Sec. 1738. 1982).

U.S. courts generally, are able to decide divorce cases based on at least one of the spouses being domiciled or maintaining a habitual residence within the geographic jurisdiction of the court. Domicile is defined as physical presence and an intention to live permanently in a location. Such intentions are determined by where a person is registered to vote, filing state tax return, state issued driving license, which school the children go to, does he or she join a gym in the area of residence and where the home is located, etc.

Divorce cases involving multinational jurisdictions are complex. Foreign divorces may involve immigration matters, child custody, division of marital assets and support orders, which have their own specialized enforcement issues. In most cases attorneys and litigants consult with experts in foreign laws before determination.


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