Areas of Service
What is American Indian Law?
While there are many American Indian Tribes in our Great Nation, there are just as many laws governing each tribe. Knowing the difference and how they differ from the Federal Government can help when you need legal assistance.
Does it apply to me?
Generally, if you are an American Indian, the different types of laws under the federal government may apply to you. But if you are not an American Indian, then the same laws may not apply to you. Please give us a call if you find that you have questions. While we may answer some questions, others may require you to seek legal counsel, which we can refer you to.
Should I file for Bankruptcy?
Many people ask this fundamental question when they find themselves at a point where they need help. Exploring other options to bankruptcy is sometimes a better option than looking at Chapter 7 or 13.
Will Bankruptcy Help?
Generally, it is an excellent option to weigh everything before settling on one course of action. Stop for a moment and think of the types of bankruptcy; At the same time, it may seem an easy out, it is sometimes not the answer because bankruptcy doesn’t eliminate certain types of debt, also known as priority obligations.
While there are many questions to ask, some of the fundamental questions are:
- Do you qualify for bankruptcy?
- Are you facing any legal actions or a lawsuit?
- Are you upside down on your property and about to lose it
- How much equity (property) do you own
- Which type of bankruptcy is good for you
These fundamental questions and many others are why we at 1212 Documents are here.
What type of Child Custody do I choose?
While most people assume that there is only one type of child custody, there are, in fact, many types of child custody that is why we at 1212 documents are here to help.
Types of Child Custody:
- Physical Custody
- Legal Custody
- Sole Custody
- Joint Custody
- Joint Custody Arrangements
While it might look simple, the child’s needs are paramount in any proceedings and knowing your legal rights goes a long way to understanding which course of action best suits your particular situation.
Child Custody
Children are a touchy subject for any parent and can be some of the most contentious issues in a divorce. It is nevertheless prudent to understand that sometimes working things out is easier on the children.
The first thing most people think about when they hear child support is “money,” While it is a massive factor in any proceedings, it is not the only one. Child custody, joint custody, and many other questions must also be answered.
Questions about child support:
- Visitation
- Can I Move
- Does my child have to visit
- Can I leave the country
- My ex is blocking my visitation
- Do I have to pay if I am not the father?
Criminal / DUI
Some states refer to it as Driving under the Influence (DUI), others refer to it as Driving While Intoxicated (DWI), and a small group of states called it Operating Under the Influence (OUI). We generally refer to it as “DUI.” This type of offense typically includes. They cannot properly operate a vehicle to the extent that you are both physically and mentally unable to use your mental faculties.
How can it affect me?
- Driver’s License may be revoked.
- You may be forced to attend AAA
- Jail
- Fines
- SR-22 Requirements
These are some of the things you may have to face if you find yourself with a DUI, and while it may seem that there is no way out, we are here to help.
Annulment
An annulment (or “nullity of marriage” or “nullity of domestic partnership”) is when a court says your marriage or domestic partnership never legally existed. An annulment is like your marriage, or domestic partnership never happened because it was never legal. While there are many legal reasons for a repeal making sure you know the difference is always helpful.
Divorce
A divorce deals with problems in marriage itself; they are arising after the wedding is formed. Generally, after a divorce, both parties may have a continued legal status as ex-spouses sometimes; they involve property, custody of children, and alimony.
Separation
Many people are confused by the term “separated” — and it’s no wonder, given that there are four different kinds of separations. However, it’s essential to know the differences, each type of separation a couple of chooses can impact property rights. The following is a general overview of the types of partitions; each state has specific rules regarding property rights. If you have questions regarding divorce or legal separation, please contact an experienced family law attorney in your area.
Types of Separation
- Trial Separation
- Living Apart
- Permanent Separation
What is Domestic Violence
Domestic violence is a catch-all term for violent acts or threats between people in a relationship. Whether married, living together, or even just dating. While anyone can become a perpetrator or victim, domestic severe violence injuries typically result from males attacking females. While the most brutal violence can include stalking, murder and rape, domestic violence often consists of physical abuse, such as slapping and pushing.
There are many forms of domestic violence, and only an experienced lawyer can guide you through the process while ensuring that your rights are protected. A qualified lawyer will evaluate strengths and weaknesses in your case. If you feel that you are or have been the victim of domestic violence, we urge you to seek help immediately. Violence is never the answer.
Special Education
Special education laws give children with disabilities and their parent’s fundamental rights. Specifically, the federal Individuals with Disabilities Education Act (IDEA) provides families of cannot. Particular can not help education children on certain rights like:
- Have their child assessed or tested to determine special education eligibility and needs
- Inspect and review school records relating to their child
- Attend an annual “individualized education program” (IEP) meeting and develop a written IEP plan with representatives of the local school district, and resolve disputes with the school district through an impartial the administrative and legal process
Understanding how IDEA and IEP’s work together helps you better understand your child’s unique needs regarding education. While it is complicated, it is not impossible to understand, and understanding can go a long way in helping you decide what is best for your child’s particular needs.
With 15 years of experience in the educational sector, we understand the specific circumstances you may face and know the best course to take when facing suspensions, expulsions, discrimination, or bullying situations. At 1212 Documents, we can help answer the many questions you have and help alleviate some of the stresses you may face. Please give us a call to discuss your situation.
What is a Living Trust?
A living is typically used when you have a valuable property and leaves your property to someone. You make what’s called a trust document, sign it in front of a notary public, and then transfer your property into the trust. During your life, you are known as the trustee and have complete control over the property in your faith. When you pass away, the person you named as “successor trustee” passes your trust property to the people you named as beneficiaries.
Do I need a Living Trust?
If you have valuable property, such as a house or large bank accounts, using a living trust may save your family time and money and avoid probate. While it depends on the size of the estate, sometimes faith is not needed.
Why should I change my name?
There are many reasons to change a name, including marriage and divorce, just like the name you were given at birth. It’s a pretty simple process in most places and often possible to do yourself without the help of a lawyer.
How difficult is it to change my name?
A name change is a relatively straightforward process, but you have first to understand how it will affect you, and you first have to know what you need to do to prepare for a name change. While we are here to help with the paperwork, we cannot answer all of your questions. Only a qualified attorney can do that, and we can refer you if one is needed.
How do I establish paternity?
As with many cases involving a child, many questions must be answered, some easy while others are difficult. Establishing Paternity refers to a legal establishment of the father or mother of the given child and who will ultimately bear the responsibility of supporting the child throughout their development.
What does it take to establish paternity?
While it can sometimes be as easy as someone saying “yes,” I am the father or mother. Sometimes it is more complex, and other methods need to be established before being asked to take responsibility for a child’s well-being.
What is a Restraining Order?
A restraining order is a court order directing a person not to do something, such as making contact with another person, enter the family home, or an order not to remove a child from the state. Restraining orders are often issued when spousal abuse, stalking, or another immediate harm is feared. A restraining order is always temporary and is commonly referred to as a temporary restraining order or TRO.
If you feel that you are a victim of domestic violence and need a TRO, do not hesitate to contact a qualified attorney and seek protection from the person seeking to do you harm.
What is a small claim?
Small claims court is a special court where disputes are resolved quickly.
In small claims, the rules are simplified, and the hearing is informal. Attorneys are generally not allowed. The person who files the claim is called the plaintiff.
The person against whom the claim is filed is called the defendant.
Can any case be resolved in small claims?
Small claims primarily resolve minor monetary disputes and evictions and restitution of property in a few states.
Can I file for divorce or other things in small claims?
No state allows you to use small claims court to file a divorce, guardianship, name change, or bankruptcy, or to ask for emergency relief (such as an injunction to stop someone from doing an illegal act). A few states prohibit small claims suits based on libel, slander, false arrest, and other legal theories.
If you face small claims or have questions regarding this or other matters involving small claims, divorce, name change, or bankruptcy.
We encourage you to give us a call.
What is a wage garnishment?
A wage garnishment is a judgment a creditor has obtained against you. It means the creditor sued you for nonpayment of debt and won. They can no legally garnish your wages. With a wage garnishment, your employer is forced to hold back some of your wages and give it directly to the creditor.
Who can garnishment my wages?
If you lose a lawsuit and a money judgment is entered against you, the entity that won the case can garnish your wages by providing a copy of the court order to the local sheriff or marshal, who will send it along to your employer. Your employer must then notify you of the garnishment, begin withholding part of your wages, send the garnished money to your creditor, and inform you how you can protest the garnishment. Your wages may be garnished if you owe child support, student loans, or back taxes, or a court judgment has been entered against you.
What is Will?
A will leaves instructions to a trusted person about what should happen to their property when they pass away. However, a choice can do much more than simply leave your final wishes.
What does it do?
It names an executor (a person who will carry out your final wishes). It also details a guardian for children and their property. A Will can decide how debts and taxes will be paid for and how pets will be provided. A Will can also serve as a backup to a living trust.
What will it not do?
A will cannot be used to put conditions on your gifts, for example:
(I give my house to Susan if she finishes college.) It cannot leave instructions for final arrangements or leave the property for your pet. If you have specific questions regarding what a Will can and cannot do, please consult a qualified attorney to answer your particular questions.