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Legal Tips
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Hi, my name is Rebecca Anderson, the Legal Guru at LifeTips.
Enjoy these 125 Legal tips. More added weekly! Legal Guru: Rebecca Anderson
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What are some tax-related advantages of owning real estate?The biggest advantage of owning real estate is with regard to being able to deduct the interest paid on your home mortgage or home equity loan. There are some qualifications that need to be met to be able to deduct this interest, including: * Whether or not the construction substantially improved the real estate; Real estate tax law allows you to deduct interest paid on a home mortgage, a vacation home or a home equity loan by filing the proper paperwork with the Internal Revenue Service, Schedule A. Many states also allow you to take similar deductions with regard to filing your state income tax return. Municipalities are also regulated when assessing real estate taxes under the real estate tax law, which includes being uniform in the assessment against all property owners under the taxing authority. Besides the advantage of being able to deduct interest when paying your income taxes, the pride of ownership is usually listed as an advantage among real estate owners. If my ex-spouse is not paying child support, do I have to allow visitation?The simple answer to this question is “yes.” The two issues of child support and visitation under custody laws are separate and are not to be considered together. Remember that in child custody situations, the best interest of the child is taken into account. Most courts agree that regardless of the payment of support or lack thereof, it is usually always in the best interest of the child or children to see the non-custodial parent as frequently and liberally as possible. While this can be extremely frustrating to the custodial parent, who has the responsibility of providing for the child on a day-to-day basis, courts will usually always admonish the custodial parent to grant such visitation. In fact, custodial parents that hinder visitation based upon the failure to pay support may face a change of custody petition because of the frustration of visitation. There are other remedies that a custodial parent may take against a non-paying non-residential parent but the withholding of visitation should not be used in that way. Obviously not every case is exactly the same; should you feel that you have a unique situation, consult with a child custody lawyer about the matter to determine whether or not any other actions could be or should be taken My spouse and I are unable to get along any further and the stress has become unbearable. What are some grounds that I could file for divorce?This depends largely upon which state you live in. There are some states that have adopted a no-fault divorce where no grounds or reason have to be given in order to file for divorce. However, in states that do still require a reason or grounds for the cause having been filed, these can be things such as cruelty, adultery or desertion. There may be others such as imprisonment after committing a felony that, while rare, may be applicable. Any grounds that are claimed must be present when you file for divorce. Any distribution of property and assets may be affected in those states that require a declaration of fault. To make sure you're protected in such a case, it is encouraged that you consult with a reputable divorce lawyer familiar with the existing laws governing divorce in your state. When given the option of a 401k… take it!A 401k allows you to put money aside for your retirement and it's never too early to start. Depending upon the company you work for, they might even match the contributions that you make. Planning ahead for retirement is never a bad idea. Does international custody fall under family law?The laws which make up custody jurisdiction fall into: * The Uniform Child Custody Jurisdiction Act Essentially, this type of family law makes sure that you cannot move your child to another state or country simply in order to get a more favorable custody order in alternate state's court or to evade an existing custody order by feeling to another jurisdiction. Custody orders must come from the state in which the child or children have been residing within the most recent six months. If you desire a change in custody, you must return to the original court of jurisdiction and petition that court for a change. It is only in this court that a lawful order to change or modify custody can take place. What are my rights with regard to personal injury law?Personal injury laws vary from state to state but essentially arise from a breach of duty, or what is referred to in the legal world as a “tort.” A tort has four elements, which include the existence of a legal duty owed by one person to another, one person has breached duty; the breach of this duty was the cause of the injury suffered by the first person and there are damages that have occurred by the person suffering the injury. Typically, all of these elements must be present to have a claim against the offending person. If you have been hurt or injured in some way and you feel that there might be a cause of action, it is best to consult a qualified and reputable personal injury attorney to examine your rights and any potential compensation you may be due as a result of someone else's negligence.
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