Coover & AssociatesCoover & Associates2024-02-27T23:44:33Zhttps://www.coovandassoc.com/feed/atom/WordPress/wp-content/uploads/sites/1203569/2019/10/cropped-favicon-32x32.pngOn Behalf of Coover & Associateshttps://www.coovandassoc.com/?p=510382024-02-27T23:44:33Z2024-02-27T23:44:33ZDon't admit to consuming alcohol
If you are being pulled over for suspicion of driving while under the influence of alcohol, you don't want to admit to drinking any amount of alcohol. An officer can take you into custody regardless of what your blood alcohol content is and will use your words as justification to do so. Ideally, you'll simply deny that you've had anything to drink or simply say nothing when asked about your level of impairment.
Don't agree to a vehicle search
A vehicle search may lead to an officer discovering an open container in your car or other evidence that can be used against you. Absent your permission, an officer can only look inside your vehicle after obtaining a warrant or if there is probable cause to do so. An example of probable cause would be the presence of an open container in plain view of the officer or the odor of alcohol coming from your person or vehicle.
Don't make light of the situation
Making a joke may seem like a natural way to reduce tension while interacting with a police officer. However, it may offend the officer or otherwise make it seem as if you don't understand the gravity of the situation. Ultimately, you may be more likely to get a ticket or be taken into custody for DUI than you would if you simply said nothing.
If charged with DUI, you might spend time in jail or incur a license suspension. A conviction may bring additional jail time, a fine and an extended license suspension or revocation. It may be possible to cast doubt on the charge by asserting that your Fourth Amendment or other rights were violated during a traffic stop.]]>On Behalf of Coover & Associateshttps://www.coovandassoc.com/?p=510352024-02-02T04:29:14Z2024-02-02T04:29:14ZWhat is parallel parenting?
Parallel parenting reduces the amount of communication the two of you have to an absolute minimum and puts tools in place to facilitate what communication you do share. These tools along with careful planning and allowing one another a great deal of autonomy in decision-making regarding the children means that you have very little contact with each other.
How it works
Unlike divorced parents who might both attend a child's events, in parallel parenting, you might take turns doing so. There are apps designed to help divorced parents communicate about the children, or you might agree to use only text or only email. A parenting plan that specifies dates and times each of you will have the children based on the child custody agreement and that sets forth detailed guidelines for decision-making helps you parent independently of one another. This might include agreements about how to handle health care, emergencies and changes of plans.
Benefits
When you are in a high-conflict relationship with your ex-spouse, parallel parenting can have a number of benefits for you and your children. Witnessing conflict is one of the most difficult parts of divorce for children, and parallel parenting can eliminate that to a great extent. It is also less stressful for both parents and allows you to concentrate more on the best interests of the children.
Children's lives and needs change as they grow up, so you may also need to include plans for reviewing and revising the plan periodically. However, in general, you can count on a parallel parenting plan to relieve you of the need to have frequent contact with each other on most child-related matters.]]>On Behalf of Coover & Associateshttps://www.coovandassoc.com/?p=510312023-12-29T07:14:17Z2023-12-29T07:14:17ZTrusts aren't a matter of public record
Unlike wills, trusts are not a matter of public record, which means that no one will know the terms of your estate plan. This can be especially beneficial if you don't want friends, the media or others to know what you have or what your children or grandchildren now own. The fact that a trust's terms remain private may also minimize the risk of family infighting as no one will know what anyone else received.
A trust protects assets from creditors
As trust assets are held outside of your estate, they generally cannot be seized by creditors. Therefore, they are often exempt in bankruptcy proceedings or off-limits to government agencies or others looking to get paid. Of course, this assumes that the trust was created in good faith, not merely to defraud creditors. You may also be able to keep assets in a divorce settlement by placing them in a trust.
A trust takes effect immediately
Another important feature of a trust is that it takes effect as soon as it's executed. Therefore, if you become incapacitated, someone will be able to manage your affairs. This means someone can take money from a bank account to pay your bills or transfer assets to a beneficiary. It also means that your kids will have access to the money and other resources needed to live a comfortable lifestyle.
Taking proactive estate planning steps may make it easier to keep assets under your control while also shielding them from adversaries. In addition, a trust allows you to gift assets or take other steps to minimize estate taxes or family conflicts after you pass.]]>On Behalf of Coover & Associateshttps://www.coovandassoc.com/?p=510282023-12-08T04:39:06Z2023-12-08T04:39:06ZWhat are the positive aspects of divorce?
The positive aspects of divorce often take time to appear. Keep in mind that the pluses may not be the same for everyone. They can include:
Freedom and independence to live life on your own terms
Escape from unhealthy relationships
Opportunity for personal growth and self-discovery
A more stable environment for children in high-conflict situations
What are the negative aspects of divorce?
Divorce is almost always emotionally and psychologically taxing, even if you have an amicable split. These are generally considered negative aspects:
Social stigma, with some friends and family members pulling away
Lower standard of living creates financial challenges
Emotional and psychological effects on children
Although spitting up can provide a more stable home for your children, they often require counseling when their parents are going through and after a divorce to deal with their emotions. This aspect is essential if the split comes as a shock. Parent-child relationships can become strained, especially when finances are affected. Learning how to deal with these challenges takes time.
Navigating the legal system
The prospect of going to family law court is daunting for many individuals. However, the American legal system actually provides structure and protection during divorce proceedings. Divorce can be complex, time-consuming and full of emotions, yet the requirements you must go through before you receive the final decree will benefit you in the end by helping you get the best possible settlement.
If you and your spouse are contemplating divorce, seeing a counselor or a similar professional may be beneficial to determine if it is the right course of action. Continuing therapy if you agree on a split and asking children if they need to work out their feelings can help everyone involved move into their new lives in a post-divorce world.]]>On Behalf of Coover & Associateshttps://www.coovandassoc.com/?p=510212023-10-27T20:07:10Z2023-10-27T20:07:10ZThe initial conversation
Beginning the conversation about the divorce with your teenagers should not be done spontaneously. You need to be ready for their questions and reactions and should be on the same page as your spouse on what you will tell them. It is also important that the news is delivered with both parents present. Some of the things you should consider before that initial conversation include:
When and where you will tell your teenagers the news
What information you are ready to share with them
How you will show them that you are still committed to them even if you are divorcing
How you will end the conversation about divorce
Providing continuing support and understanding
Once you have told your teenagers about the divorce, you will need to be patient to allow them space to process the information. Their reactions might change as they go through this process and begin accepting or adapting to the changes. Throughout this time, you can also continue to show them emotional support and understanding. Like you, they might be experiencing various emotions from anger to grief to fear and confusion about what is to come.
Telling your teenagers about your divorce is a difficult but necessary step. However, when you do it together and sensibly, you also provide proof of your commitment to the family. Additionally, you become a model for taking care of yourself emotionally when situations are not working for you, a lesson that might be valuable in their adult lives.]]>On Behalf of Coover & Associateshttps://www.coovandassoc.com/?p=510142023-10-03T19:54:51Z2023-10-03T19:54:51ZWhat the law says about alcohol
If you are under the age of 21, you cannot attempt to purchase, possess or consume any quantity of alcohol. An exception might be made if you consume trace amounts of wine or similar substances for religious purposes. You could be charged with drunk or impaired driving if your blood alcohol level is .02 or higher for any reason.
What the law says about drug use
Possession and use of most controlled substances are prohibited with few exceptions. However, those under the age of 21 are typically prohibited from using controlled substances such as marijuana for any reason. If you are found with a significant amount of any type of drug or prescription medication, you could be charged with drug trafficking.
Defending against criminal charges
If you are charged with any type of crime, you have the right to dispute the government's assertions in court. For instance, you may choose to cast doubt on witness testimony or the results of a drug test as part of a criminal defense strategy. This may also help you obtain a favorable outcome if you are brought up for discipline by your college or university.
A criminal charge or conviction may result in being expelled from school or losing your job. You may also be unable to obtain federal student loans or other resources needed to finish your education or support yourself financially. Therefore, it's important to consider the consequences of your actions before potentially breaking the law to minimize the risk of obtaining a criminal record.]]>On Behalf of Coover & Associateshttps://www.coovandassoc.com/?p=509952023-09-06T20:37:25Z2023-09-06T20:37:25Zconsider changes to your will, trust or other parts of your estate plan include:
A change in marital status -- getting married or divorced, or the death of your spouse.
The birth or adoption of a child.
Grandchildren join the family.
The person you chose to be the executor of your estate or your power of attorney has died, is no longer capable of handling the job or has become estranged from you.
Your relationship with one of your heirs or beneficiaries has become strained or ended altogether.
A review does not have to take long. You and your estate planning attorney can go over your documents together to find out if anything needs to be updated, which can be done with a codicil (a document supplementing your will) or by creating a new version to replace the original. This way, when you pass away, your legacy will be honored as you wanted.]]>On Behalf of Coover & Associateshttps://www.coovandassoc.com/?p=509942023-08-21T16:29:20Z2023-08-21T16:29:20ZTop reasons for seeking divorce
Although many couples have an amenable split and file for a no-fault divorce, that still doesn't mean the union didn't have some friction. Commonly cited reasons for divorce include:
Careers
Parenting differences
Household labor division
Relationships with family or friends
Finances
Health choices
Almost half of the 690,000 couples surveyed in a report published by the Centers for Disease Control (CDC) indicated that career choices were primarily responsible for their split. Division of household labor is a secondary reason. Other studies have also confirmed that women with children had less sexual desire if their husbands did not take a significant portion of household chores. Almost two-thirds of respondents indicated that they wished they had a better understanding of commitment and their spouse's morals and values before their marriage. Those metrics are significant, as only 5% of couples indicated their marriages couldn't be saved.
Is divorce inevitable?
For couples with significant conflicts, divorce may be the best solution. Yet for others, many family law experts may suggest alternatives, including couples counseling and other mediation efforts to attempt to resolve their disputes. If you think counseling makes a difference, it's worth a try. However, you should remain aware that many resolution efforts fail.
Those who can't resolve their differences can still pursue a no-fault divorce in Pennsylvania. If you have no contested issues with your spouse, a no-fault divorce can be finalized shortly after the 90-day waiting period. This timeline makes no-fault much less expensive than at-fault litigation. No-fault divorce proceedings also minimize the emotional issues that occur with your split. Attempting to reconcile your differences without court intervention is an excellent option when you don't have problems that require long-term discussions and litigation.]]>On Behalf of Coover & Associateshttps://www.coovandassoc.com/?p=509752023-07-25T01:47:35Z2023-07-25T01:47:35ZFocus on flaws in the test
A field sobriety test involves three different tests, which include the following:
Horizontal gaze nystagmus - This test checks your eyes for involuntary jerking when you gaze to the side.
Walk and turn - You must walk in a straight line, heel to toe, taking nine steps.
One leg stand - You must stand on one leg and count until the officer instructs you to stop.
You may be able to challenge these tests in court for their reliability. Some studies have shown that these tests are only 81% to 91% reliable when an officer is trying to determine if you're intoxicated.
Performing the tests incorrectly
The National Highway Traffic Safety Administration created a set of guidelines that must be followed when executing these tests. It can be helpful for you to challenge whether the arresting officer completed each test correctly.
Failing to consider your physical or mental condition
When you have a psychological or medical condition, it can significantly skew the DUI test results. Maintaining balance and equilibrium would be challenging if you have an inner ear infection or condition. Damage to the inner ear can also cause you to fail this test when you're not intoxicated.
Brain injuries can also cause false positives when the horizontal gaze nystagmus test is completed. Sober individuals with skeletal arm and leg movement disorders have also been falsely accused of driving while intoxicated.]]>On Behalf of Coover & Associateshttps://www.coovandassoc.com/?p=509452023-06-14T19:23:48Z2023-06-14T19:23:48ZDo not make a major life decision
During your divorce, it is best to avoid making any major decisions that can impact your future because the divorce process can be uncertain, and making a major decision could result in a significant mistake.
Do not hide assets
Hiding assets during a divorce is against the law, even though many try to do so. It can get a person in trouble in court, so you should always be forthcoming and honest about your finances, especially with your attorney.
Do not speak ill of your spouse
It is understandable to feel angry, sad and a whole range of emotions about your former spouse. However, they are still your child's other parent, and respecting that relationship is essential.
Speaking poorly of your ex-spouse can create a toxic environment for your children, which can affect you when it comes down to making decisions about custody and your child's best interests.
Do not violate court orders
Unfortunately, this is a common mistake that people make during the process of divorce. Court orders are not optional, and if you are obligated to do something or not do something because of a court order, you must follow the order strictly. Violating a court order can result in contempt-of-court charges, fines and even imprisonment.
Divorce is hard for everyone. Adults handle it in their way, and children are often the ones most affected by the divorce. It is imperative to understand the importance of doing things the right way during your divorce to avoid creating problems for yourself and your family.
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