Frances Gibb, Legal Editor
Madonna's three children will be brought up with her in the United States under the terms of her multi-million-pound divorce settlement with Guy Ritchie.
Under a deal to be finalised by lawyers within two weeks, the pop star and Mr Ritchie have agreed that their two sons, Rocco, 8, and David, 3, who was adopted from a Malawi orphanage, should live in New York. Madonna's eldest child, Lourdes, 12, already lives in the city. Legal sources said that the couple were concerned that the family should not split up.
The deal is the final piece of the settlement hammered out in recent weeks between lawyers for Madonna and her film director former husband. It is understood that Mr Ritchie has received close to £30 million, including a 1,200-acre estate in Wiltshire and a pub in London. Madonna is believed to have a £300 million fortune. She and Mr Ritchie confirmed in October that they were to split after being married for eight years. They were granted a “quickie” decree nisi in the High Court in London in November and a decree absolute six weeks later.
A legal source confirmed that Madonna has been given temporary permission to remove the two boys from Britain. The decision paves the way for Madonna, 50, to resume her life in New York. Mr Ritchie is also there, working on his production of Sherlock Holmes.
The decision is also a triumph for the couple's lawyers — Helen Ward, for Mr Ritchie, and Fiona Shackleton, acting for Madonna. The pair, two of London's most experienced and sought-after matrimonial lawyers, succeeded in keeping the negotiations on the rails and, crucially, out of court.
The settlement was in stark contrast to the battle surrounding the divorce of Sir Paul McCartney, for whom Ms Shackleton acted, and Heather Mills. Ms Shackleton also acted for Prince Charles when he separated from Diana, Princess of Wales.
Lady Ward is less well known than Ms Shackleton, but this could change, not least because she is to act for Bernie Ecclestone, the Formula One chief, whom she will be helping to claw back as much as possible of the £2billion fortune that he put in an offshore trust in the name of his wife, Slavica. The case could be the biggest divorce settlement in legal history.
Like Ms Shackleton, Lady Ward (she is married to the Court of Appeal judge Lord Justice Ward) prides herself on discretion. Neither gives interviews. The pair are also alike in their loyalty to their clients and their tenacity — although their style differs. And they are, of course, alike in the level of fees: each charges in the region of £500 an hour.
Saturday, January 31, 2009
Friday, January 30, 2009
California DUI Attorney & Drunk Driving Lawyers in California
There were almost 200,000 people arrested for DUI in California alone last year. Out of those numbers there were just over 180,000 were misdemeanor offenses and a large portion of those cases were overturned by DUI lawyers.
DUI is an acronym that stands for ‘Driving Under the Influence’. A person is guilty of a DUI if they decide to operate a motor vehicle after the consumption of alcoholic beverages or any chemical or controlled substances. In California, there are a wide variety of laws that involve intoxicated individuals. California has some of the most severe penalties for driving under the influence in all of the United States.
The two major factors in deciding the penalty for a drunken driving offense in California depends on how much alcohol was in your system and whether or not you are a repeat offender. If it is your first DUI offense, then you will most likely avoid jail time, however most counties in California will provide you with an alternative such as trash pick up. If this is your second arrest with a ten year period, then the chances of you going to jail are much higher.
In California you cannot drive a motor vehicle if your BAC (Blood Alcohol Concentration) is over .08%. After you’ve been pulled over, the officer will administer a test giving you the choice of blood, breath or urine. Breath tests are the most common, and the device used to measure your BAC with your breath is called a breathalyzer.
Many times people don’t know when ‘enough is enough’ while they’ve been drinking. Because of this, getting behind the wheel puts them in even greater jeopardy. Generally, a good rule of thumb is to limit your alcohol intake to only one drink an hour. After you’ve consumed an alcoholic drink, follow that with a full glass of water. This will help reduce your BAC and keep you under the legal limit.
If you have been arrested for a DUI offense in California it is very important that you contact an experienced DUI lawyer today. An experienced DUI lawyer will stand up for your rights and help you fight your case.
For more information on California DUI lawyers and Drunk Driving in California, please visit our websites at http://www.sddefenselawyers.com/californiadui/ This article may be freely reprinted as long as this resource box is included and all links stay intact as hyperlinks.
California Law Enforcement to Have Intensive DUI Patrols During Causeway Classic
The city of Davis will be drawing crowds this Saturday for the Causeway Classic between UC Davis Aggies and Sacramento State Hornets. The ‘Avoid the Eight’ DUI Enforcement Task Force will also be out in big numbers looking for motorists suspected of drunk driving in California.
Law enforcement agencies will be joining forces for intensive CA DUI saturation patrols between noon and 6:00 pm Saturday. Included are officers from the California Highway Patrol, Yolo County Sheriff’s Department and Yolo County Probation Department, local police departments from Davis, West Sacramento, Sacramento, Winters and Woodland, as well as the UC Davis police department.
The ‘Avoid the Eight’ campaigns are aimed at warning motorists to avoid drinking and driving with a blood-alcohol content over the legal limit of .08%. The programs are funded by grants from the California Office of Traffic Safety through the National Highway Traffic Safety Administration.
If you have been arrested for drunk driving in California you need to hire a DUI lawyer in California to represent you on your drunk driving charge and DMV hearing.
DUI is an acronym that stands for ‘Driving Under the Influence’. A person is guilty of a DUI if they decide to operate a motor vehicle after the consumption of alcoholic beverages or any chemical or controlled substances. In California, there are a wide variety of laws that involve intoxicated individuals. California has some of the most severe penalties for driving under the influence in all of the United States.
The two major factors in deciding the penalty for a drunken driving offense in California depends on how much alcohol was in your system and whether or not you are a repeat offender. If it is your first DUI offense, then you will most likely avoid jail time, however most counties in California will provide you with an alternative such as trash pick up. If this is your second arrest with a ten year period, then the chances of you going to jail are much higher.
In California you cannot drive a motor vehicle if your BAC (Blood Alcohol Concentration) is over .08%. After you’ve been pulled over, the officer will administer a test giving you the choice of blood, breath or urine. Breath tests are the most common, and the device used to measure your BAC with your breath is called a breathalyzer.
Many times people don’t know when ‘enough is enough’ while they’ve been drinking. Because of this, getting behind the wheel puts them in even greater jeopardy. Generally, a good rule of thumb is to limit your alcohol intake to only one drink an hour. After you’ve consumed an alcoholic drink, follow that with a full glass of water. This will help reduce your BAC and keep you under the legal limit.
If you have been arrested for a DUI offense in California it is very important that you contact an experienced DUI lawyer today. An experienced DUI lawyer will stand up for your rights and help you fight your case.
For more information on California DUI lawyers and Drunk Driving in California, please visit our websites at http://www.sddefenselawyers.com/californiadui/ This article may be freely reprinted as long as this resource box is included and all links stay intact as hyperlinks.
California Law Enforcement to Have Intensive DUI Patrols During Causeway Classic
The city of Davis will be drawing crowds this Saturday for the Causeway Classic between UC Davis Aggies and Sacramento State Hornets. The ‘Avoid the Eight’ DUI Enforcement Task Force will also be out in big numbers looking for motorists suspected of drunk driving in California.
Law enforcement agencies will be joining forces for intensive CA DUI saturation patrols between noon and 6:00 pm Saturday. Included are officers from the California Highway Patrol, Yolo County Sheriff’s Department and Yolo County Probation Department, local police departments from Davis, West Sacramento, Sacramento, Winters and Woodland, as well as the UC Davis police department.
The ‘Avoid the Eight’ campaigns are aimed at warning motorists to avoid drinking and driving with a blood-alcohol content over the legal limit of .08%. The programs are funded by grants from the California Office of Traffic Safety through the National Highway Traffic Safety Administration.
If you have been arrested for drunk driving in California you need to hire a DUI lawyer in California to represent you on your drunk driving charge and DMV hearing.
Notable people who died from mesothelioma
Mesothelioma, though rare, has had a number of notable patients. Hamilton Jordan, Chief of Staff for President Jimmy Carter and life long cancer activist, died in 2008. Australian anti-racism activist Bob Bellear died in 2005. British science fiction writer Michael G. Coney, responsible for nearly 100 works also died in 2005. American film and television actor Paul Gleason, perhaps best known for his portrayal of Principal Richard Vernon in the 1985 film The Breakfast Club, died in 2006. Mickie Most, an English record producer, died of mesothelioma in 2003. Paul Rudolph, an American architect known for his cubist building designs, died in 1997.
Bernie Banton was an Australian workers' rights activist, who fought a long battle for compensation from James Hardie after he contracted mesothelioma after working for that company. He claimed James Hardie knew of the dangers of asbestos before he began work with the substance making insulation for power stations. Mesothelioma eventually took his life along with his brothers and hundreds of James Hardie workers. James Hardie made an undisclosed settlement with Banton only when his mesothelioma had reached its final stages and he was expected to have no more than 48hrs to live. Australian Prime Minister Kevin Rudd mentioned Banton's extended struggle in his acceptance speech after winning the 2007 Australian Federal Election.
Steve McQueen was diagnosed with peritoneal mesothelioma on December 22, 1979. He was not offered surgery or chemotherapy because doctors felt the cancer was too advanced. McQueen sought alternative treatments from clinics in Mexico. He died of a heart attack on November 7, 1980, in Juárez, Mexico, following cancer surgery. He may have been exposed to asbestos while serving with the U.S. Marines as a young adult—asbestos was then commonly used to insulate ships' piping—or from its use as an insulating material in car racing suits.[14] (It is also reported that he worked in a shipyard during World War II, where he might have been exposed to asbestos.[citation needed])
United States Congressman Bruce Vento died of mesothelioma in 2000. The Bruce Vento Hopebuilder is awarded yearly by his wife at the MARF Symposium to persons or organizations who have done the most to support mesothelioma research and advocacy.
After a long period of untreated illness and pain, rock and roll musician and songwriter Warren Zevon was diagnosed with inoperable mesothelioma in the fall of 2002. Refusing treatments he believed might incapacitate him, Zevon focused his energies on recording his final album The Wind including the song "Keep Me in Your Heart," which speaks of his failing breath. Zevon died at his home in Los Angeles, California, on September 7, 2003.
Christie Hennessy, the influential Irish singer-songwriter, died of mesothelioma in 2007, and had stridently refused to accept the prognosis in the weeks before his death.[15] His mesothelioma has been attributed to his younger years spent working on building sites in London.[16][17]
Bob Miner, one of the founders of Software Development Labs, the forerunner of Oracle Corporation died of mesothelioma in 1994.
Scottish Labour MP John William MacDougall died of mesothelioma on August 13th, 2008, after fighting the disease for two years.[18].
Canberra journalist and news presenter, Peter Leonard also succumbed to the condition on 23 September 2008.
Terrence McCann Olympic gold medalist and longtime Executive Director of Toastmasters, died of mesothelioma on June 7, 2006 at his home in Dana Point, California.
source here
Mesothelioma
From Wikipedia, the free encyclopedia
Mesothelioma is a form of cancer that is almost always caused by previous exposure to asbestos. In this disease, malignant cells develop in the mesothelium, a protective lining that covers most of the body's internal organs. Its most common site is the pleura (outer lining of the lungs and internal chest wall), but it may also occur in the peritoneum (the lining of the abdominal cavity), the heart,[1] the pericardium (a sac that surrounds the heart) or tunica vaginalis.
Most people who develop mesothelioma have worked on jobs where they inhaled asbestos particles, or they have been exposed to asbestos dust and fiber in other ways. Washing the clothes of a family member who worked with asbestos can also put a person at risk for developing mesothelioma.[2] Unlike lung cancer, there is no association between mesothelioma and smoking.[3] Compensation via asbestos funds or lawsuits is an important issue in mesothelioma (see asbestos and the law).
The symptoms of mesothelioma include shortness of breath due to pleural effusion (fluid between the lung and the chest wall) or chest wall pain, and general symptoms such as weight loss. The diagnosis may be suspected with chest X-ray and CT scan, and is confirmed with a biopsy (tissue sample) and microscopic examination. A thoracoscopy (inserting a tube with a camera into the chest) can be used to take biopsies. It allows the introduction of substances such as talc to obliterate the pleural space (called pleurodesis), which prevents more fluid from accumulating and pressing on the lung. Despite treatment with chemotherapy, radiation therapy or sometimes surgery, the disease carries a poor prognosis. Research about screening tests for the early detection of mesothelioma is ongoing.
Source here
McCartney Opens Up About 'Dark' Divorce
Sir Paul McCartney has finally spoken about his split from Heather Mills, insisting their divorce battle left him in a "dark place."
McCartney and Mills parted ways in May 2006 after four years of marriage, and their subsequent divorce turned nasty with Mills falsely accusing the star of being an abusive husband and a drunk.
The judge overseeing the case awarded Mills a $36.3 million settlement but later slammed her evidence as "unreliable" and accused the 40-year-old of indulging in "make-believe."
The former Beatle insists he has maintained a "dignified" silence about the end of his marriage, but has now spoken about his decision to keep his emotions private.
He says, "I've been through a dark place. I am a man who needs love. Every man needs love, guys like romance. I do anyway.
"Things don't always work out but I like the idea of being dignified. I don't think it helps to mouth off all the time."
The former couple share a 4-year-old daughter, Beatrice. McCartney is now dating American socialite Nancy Shevell.
Source: http://www.sfgate.com
Thursday, January 29, 2009
MESOTHELIOMA GLOSSARY
* Abdominal mesothelioma
Another name for peritoneal mesothelioma. Cancer of the lining of the abdominal cavity.
* Acute pain
Pain that comes on quickly and may be severe, but lasts a relatively short period of time.
* Adenocarcinoma
cancer that forms in the cells of glands or in parts of the body that produce mucous. Also called "nonsmall cell lung cancer". Tumors include cube or column-shaped cells found along the outer edges of the lungs and under the membrane lining of the bronchi.
* Adjuvant therapy
Chemotherapy drugs (including hormones) given after surgery or radiation or both to help prevent the cancer from coming back.
* Alopecia
Autoimmune disease occurring on areas of the body (most commonly the scalp) where a person’s immune system attacks hair follicles suppressing and arresting hair growth.
* Alveoli
Tiny structures inside the lungs responsible for pulmonary gas exchange. Asbestos fibers become lodged in these structures which may lead to scarring.
* Anemia
Having too few red blood cells. Common side effect of chemotherapy. Symptoms of anemia include feeling tired, weak, and short of breath.
* Angiogenesis
The formation of new blood vessels. Angiogenesis is essential for the growth of tumors. Tumor cells release chemicals to encourage blood vessel growth.
* Angiogenesis Inhibitor
A chemical which signals the process of angiogenesis to stop and thereby prevents the formation of blood vessels. In anticancer therapy, an angiogenesis inhibitor prevents the growth of blood vessels from surrounding tissue to a solid tumor.
* Antiangiogenesis
Prevention of the growth of new blood vessels. Drug designers use this strategy to try to slow tumor growth.
* Asbestos
A mineral fiber. Breathing high levels of asbestos fibers can lead to lung cancer.
* Ascites
An accumulation of fluid in the peritoneal cavity symptomatic of mesothelioma and also found in patients with cirrhosis.
* Biologic therapy
Treatment that stimulates the body's immune defense system to fight infection and disease. Also called immunotherapy. Some doctors consider this a type of chemotherapy, but it is usually classified as a separate type of treatment.
* Brachytherapy
One of the earliest forms of cancer treatment, brachytherapy involves the insertion of small tube-like seeds that contain a dose of radiation into or directly next to a tumor. This has largely been replaced by external radiation therapy but is still a common treatment for prostate cancer.
* Breakthrough pain
Pain that occurs in patients with chronic pain that is controlled by medications. The pain "breaks through" the normal control.
* Carcinogen
A substance that is known to cause cancer. Asbestos can be considered a carcinogen because it can cause mesothelioma. More about carcinogens.
* CAT scan
Computerized tomography - a diagnostic medical test that uses X-Rays to create a 3-dimensional image of part of the body. Also called CT scans.
* Chemotherapy
The use of anticancer drugs, generally administered through an IV, to treat cancer.
* Chronic pain
Pain that may range from mild to severe and persists or progresses over a long period of time.
* Clinical Trials
Medical studies designed to compare a well-known, or standard, treatment with a new or alternative treatment. Clinical trials are usually done in three phases. Phase I tests the safety of the treatment on a small number of patients. Phase II assesses the effectiveness of the treatment and usually involves a larger group of people. Phase III provides in-depth information about the effectiveness and safety, by comparing experimental treatment with the standard protocol. Phase III trials usually involve several thousand patients nationwide.
* Combination Chemotherapy
The use of more than one drug to treat cancer.
* Decortication
A surgical procedure involving the removal of the membrane or outer cover of an organ. The procedure is commonly performed on mesothelioma patients if the lung is constricted and cannot be totally inflated.
* Diagnostic
The use of skilled and scientific methods to establish the cause and nature of a disease.
* Double-Blind
Clinical trial in which participants do not know what treatment they are receiving. The doctors and nurses treating them don't know either. Researchers keep this information secret until each patient's health status is known, usually after at least a year or more of treatments.
* Dyspnea
Shortness of breath; difficulty breathing..
* Epidemiology
The study of a disease that is widespread and rapidly spreading.
* Epithelial Cells
One of the 4 main bodily tissues, they often compose the linings of organs and membranes as well as the skin. These cells line the insides of the lungs.
* Etiology
The science and study of the causes, origins and reasons of diseases and their mode of operation.
* Gene Therapy
A technique for modifying genes responsible for disease development. Still largely experimental.
* Immunotherapy
A treatment which activates the bodies own immune system to destroy disease. Treatment of disease by stimulating the body s own immune system. This is a type of therapy currently being researched as a treatment for cancer.
* Intensity Modulated Radiation Therapy (IMRT)
High-precision radiation therapy technique uses computer-controlled x-ray beams so that the radiation delivery conforms to the shape of the tumor. It does this by modulating-or controlling-the intensity of the radiation beam to focus a higher radiation dose to the tumor while minimizing radiation to surrounding healthy tissues.
* Laparoscope
A small telescoping rod inserted into the body during laparoscopy. It often contains an illuminating device and a camera to transmit images to the operating physician. It can also have a small component capable of removing tissue for sampling.
* Laparoscopy
A minimally invasive surgical procedure where small incisions are made in the abdominal area and a laparoscope is inserted into the body. Often used for biopsies it can also be used for minor surgeries.
* Macrophages
Cells that digest pathogens and cellular debris. When trying to digest inhaled asbestos fibers in the lungs, they often split open and their internal fluids then damage the alveoli. The damage is then multiplied as more macrophages try to digest the particle and eventually fibrosis may develop.
* Markers
Physiological indications of the presence of cancer. Mesothelioma is often diagnosed with the immunohistochemical markers.
* Mediastinoscopy
A surgical procedure to examine the inside of the upper chest between and in front of the lungs (also known as the mediastinum). During a mediastinoscopy, a thin scope (mediastinoscope) is inserted through a small incision. A tissue sample (biopsy) can be collected through the mediastinoscope and then examined.
* Mesothelin
A glycosylphosphatidylinositol-linked glycoprotein. A cell surface antigen. The biological function is not known, but the protein is expressed in large quantities in mesothelial cells, and in mesotheliomas and other cancers.
* Mesothelioma
A form of cancer where the primary tumor is on the mesothelium - the internal lining of body cavities. Mesothelioma is a carcinoma. It is called pleural mesothelioma when the pleural cavity is affected and peritoneal mesothelioma when the tumor is in the abdominal cavity. Most mesothelioma cases can be traced to inhalation of asbestos fibers.
* Mesothelium
Membrane that lines the pleura, peritoneum, and pericardium and produces lubricating fluids to allow the heart and lungs to glide against neighboring structures
* Metastasis/Metastasized
The spread of cancer cells to distant areas of the body through the lymph system or bloodstream.
* MRI
magnetic resonance imaging - a diagnostic medical test that uses magnetic fields to create a 3-dimensional image of part of the body.
* Multimodality therapy
* Oncogenesis
The development of cellular changes leading to the development of a malignant tumor
* Opioids
Powerful prescription medications that are administered to relieve severe pain. Common opioids are endorphin, fentanyl and methadone.
* Palliative
Treatment that is not expected to cure, but rather to slow down the progress of a disease and make the person comfortable and as happy as possible throughout the process.
* Paracentesis
Medical procedure that uses a needle remove/drain fluid accumulated in the abdominal cavity (peritoneal fluid). These fluid deposits are also called ascites.
Used in the diagnosis of mesothelioma.
* Parenchyma
The functional parts of an organ. For instance alveoli are part of the parenchyma of the lung.
* Pericardium
A protective layer of tissue enveloping the heart and the origins of many important blood vessels. The fibrous layer of the pericardium anchors the heart to surrounding tissue and prevents it from overfilling with blood. The serous layer prevents friction as the heart pumps.
* Peritoneal mesothelioma
Cancer of the peritoneum, which is the inside lining of the lower part of the chest.
* Peritoneum
Lining of the abdominal organs and cavity.
* Permissible Exposure Limit
A parameter used in assessment of workplace hazards.
* Phagocytosis
Process wherein a cell surrounds large particles and envelops them through the cell membrane.
* Photodynamic therapy
New cancer therapy. Patients are injected with a photosensitized chemical designed to be absorbed by the cancerous cells, not the healthy cells. The area is then irradiated with light that activates the chemical and causes the cancerous cells to die.
* Pleura
The thin covering that protects and cushions the lungs and chest cavity. The pleura is made up of two membrane (layers of tissue) that are separated by a small amount of fluid.
* Pleural Effusions
Collection of fluid in the pleural space between the lung and the chest wall.
* Pleural fluid
A serous fluid found within the pleural cavity between the parietal and visceral pleura
* Pleural mesothelioma
Cancer of the mesothelium lining around the lungs. The most common type of mesothelioma.
* Positron Emission Tomography
PET, or Positron Emission Tomography, is a procedure that produces powerful images of the body's biological functions and is being used more and more frequently in the treatment and monitoring of malignant diseases. Unlike conventional imaging, PET does not show the body's anatomy, rather it shows the chemical function or metabolism of an organ or tissue.
* Pneumonitis
Inflammation of the lung tissue which can lead to permanent scarring. One cause of pneumonitis is the inhalation of asbestos.
* Prognosis
A doctor’s opinion on the progression of a patient’s condition and chances for improvement/recovery.
* Proto oncogenes Genes that code for cell growth regulation and differentiation. They can lead to malignant tumors if they are mutated or over expressed.
* Radiation therapy
The use of high-energy rays or subatomic particles to treat disease. Types of radiation include x-ray, electron beam, alpha and beta particle, and gamma ray.
* Stroma
The non-functioning supportive framework of an organ. The mesothelium which lines the pleura, peritoneum, and pericardium can be considered stroma.
* Thoracentesis
Removal of fluid from the pleural cavity in the chest by inserting a needle into the chest. Used in diagnosis of mesothelioma.
* Thrombocytopenia
Thrombocytopenia is a reduced platelet (thrombocyte) count. It occurs when platelets are lost faster than they can be replaced. It can be caused by a failure in platelet production or a severe injury.
* Tomotherapy
A form of Intensity Modulated Radiation Therapy that integrates a CT Scan in the treatment to better target tumors and reduce radiation to healthy tissue. The scan allows greater precision for the radiation treatment by pinpointing tumor mass. Tomotherpy.
* Tumor Suppressor Gene
A gene that when activated can halt a cell’s cycle or encourage apoptosis reducing the probability that a damaged cell will evolve into a tumor cell.
* Video-Assisted Thoracoscopic Surgery
A technique used to diagnose and treat problems in the chest, which has found increasing use in mesothelioma diagnosis in recent years. The doctors inserts a fiber-optic camera (called a thorascope) into the chest.
Another name for peritoneal mesothelioma. Cancer of the lining of the abdominal cavity.
* Acute pain
Pain that comes on quickly and may be severe, but lasts a relatively short period of time.
* Adenocarcinoma
cancer that forms in the cells of glands or in parts of the body that produce mucous. Also called "nonsmall cell lung cancer". Tumors include cube or column-shaped cells found along the outer edges of the lungs and under the membrane lining of the bronchi.
* Adjuvant therapy
Chemotherapy drugs (including hormones) given after surgery or radiation or both to help prevent the cancer from coming back.
* Alopecia
Autoimmune disease occurring on areas of the body (most commonly the scalp) where a person’s immune system attacks hair follicles suppressing and arresting hair growth.
* Alveoli
Tiny structures inside the lungs responsible for pulmonary gas exchange. Asbestos fibers become lodged in these structures which may lead to scarring.
* Anemia
Having too few red blood cells. Common side effect of chemotherapy. Symptoms of anemia include feeling tired, weak, and short of breath.
* Angiogenesis
The formation of new blood vessels. Angiogenesis is essential for the growth of tumors. Tumor cells release chemicals to encourage blood vessel growth.
* Angiogenesis Inhibitor
A chemical which signals the process of angiogenesis to stop and thereby prevents the formation of blood vessels. In anticancer therapy, an angiogenesis inhibitor prevents the growth of blood vessels from surrounding tissue to a solid tumor.
* Antiangiogenesis
Prevention of the growth of new blood vessels. Drug designers use this strategy to try to slow tumor growth.
* Asbestos
A mineral fiber. Breathing high levels of asbestos fibers can lead to lung cancer.
* Ascites
An accumulation of fluid in the peritoneal cavity symptomatic of mesothelioma and also found in patients with cirrhosis.
* Biologic therapy
Treatment that stimulates the body's immune defense system to fight infection and disease. Also called immunotherapy. Some doctors consider this a type of chemotherapy, but it is usually classified as a separate type of treatment.
* Brachytherapy
One of the earliest forms of cancer treatment, brachytherapy involves the insertion of small tube-like seeds that contain a dose of radiation into or directly next to a tumor. This has largely been replaced by external radiation therapy but is still a common treatment for prostate cancer.
* Breakthrough pain
Pain that occurs in patients with chronic pain that is controlled by medications. The pain "breaks through" the normal control.
* Carcinogen
A substance that is known to cause cancer. Asbestos can be considered a carcinogen because it can cause mesothelioma. More about carcinogens.
* CAT scan
Computerized tomography - a diagnostic medical test that uses X-Rays to create a 3-dimensional image of part of the body. Also called CT scans.
* Chemotherapy
The use of anticancer drugs, generally administered through an IV, to treat cancer.
* Chronic pain
Pain that may range from mild to severe and persists or progresses over a long period of time.
* Clinical Trials
Medical studies designed to compare a well-known, or standard, treatment with a new or alternative treatment. Clinical trials are usually done in three phases. Phase I tests the safety of the treatment on a small number of patients. Phase II assesses the effectiveness of the treatment and usually involves a larger group of people. Phase III provides in-depth information about the effectiveness and safety, by comparing experimental treatment with the standard protocol. Phase III trials usually involve several thousand patients nationwide.
* Combination Chemotherapy
The use of more than one drug to treat cancer.
* Decortication
A surgical procedure involving the removal of the membrane or outer cover of an organ. The procedure is commonly performed on mesothelioma patients if the lung is constricted and cannot be totally inflated.
* Diagnostic
The use of skilled and scientific methods to establish the cause and nature of a disease.
* Double-Blind
Clinical trial in which participants do not know what treatment they are receiving. The doctors and nurses treating them don't know either. Researchers keep this information secret until each patient's health status is known, usually after at least a year or more of treatments.
* Dyspnea
Shortness of breath; difficulty breathing..
* Epidemiology
The study of a disease that is widespread and rapidly spreading.
* Epithelial Cells
One of the 4 main bodily tissues, they often compose the linings of organs and membranes as well as the skin. These cells line the insides of the lungs.
* Etiology
The science and study of the causes, origins and reasons of diseases and their mode of operation.
* Gene Therapy
A technique for modifying genes responsible for disease development. Still largely experimental.
* Immunotherapy
A treatment which activates the bodies own immune system to destroy disease. Treatment of disease by stimulating the body s own immune system. This is a type of therapy currently being researched as a treatment for cancer.
* Intensity Modulated Radiation Therapy (IMRT)
High-precision radiation therapy technique uses computer-controlled x-ray beams so that the radiation delivery conforms to the shape of the tumor. It does this by modulating-or controlling-the intensity of the radiation beam to focus a higher radiation dose to the tumor while minimizing radiation to surrounding healthy tissues.
* Laparoscope
A small telescoping rod inserted into the body during laparoscopy. It often contains an illuminating device and a camera to transmit images to the operating physician. It can also have a small component capable of removing tissue for sampling.
* Laparoscopy
A minimally invasive surgical procedure where small incisions are made in the abdominal area and a laparoscope is inserted into the body. Often used for biopsies it can also be used for minor surgeries.
* Macrophages
Cells that digest pathogens and cellular debris. When trying to digest inhaled asbestos fibers in the lungs, they often split open and their internal fluids then damage the alveoli. The damage is then multiplied as more macrophages try to digest the particle and eventually fibrosis may develop.
* Markers
Physiological indications of the presence of cancer. Mesothelioma is often diagnosed with the immunohistochemical markers.
* Mediastinoscopy
A surgical procedure to examine the inside of the upper chest between and in front of the lungs (also known as the mediastinum). During a mediastinoscopy, a thin scope (mediastinoscope) is inserted through a small incision. A tissue sample (biopsy) can be collected through the mediastinoscope and then examined.
* Mesothelin
A glycosylphosphatidylinositol-linked glycoprotein. A cell surface antigen. The biological function is not known, but the protein is expressed in large quantities in mesothelial cells, and in mesotheliomas and other cancers.
* Mesothelioma
A form of cancer where the primary tumor is on the mesothelium - the internal lining of body cavities. Mesothelioma is a carcinoma. It is called pleural mesothelioma when the pleural cavity is affected and peritoneal mesothelioma when the tumor is in the abdominal cavity. Most mesothelioma cases can be traced to inhalation of asbestos fibers.
* Mesothelium
Membrane that lines the pleura, peritoneum, and pericardium and produces lubricating fluids to allow the heart and lungs to glide against neighboring structures
* Metastasis/Metastasized
The spread of cancer cells to distant areas of the body through the lymph system or bloodstream.
* MRI
magnetic resonance imaging - a diagnostic medical test that uses magnetic fields to create a 3-dimensional image of part of the body.
* Multimodality therapy
* Oncogenesis
The development of cellular changes leading to the development of a malignant tumor
* Opioids
Powerful prescription medications that are administered to relieve severe pain. Common opioids are endorphin, fentanyl and methadone.
* Palliative
Treatment that is not expected to cure, but rather to slow down the progress of a disease and make the person comfortable and as happy as possible throughout the process.
* Paracentesis
Medical procedure that uses a needle remove/drain fluid accumulated in the abdominal cavity (peritoneal fluid). These fluid deposits are also called ascites.
Used in the diagnosis of mesothelioma.
* Parenchyma
The functional parts of an organ. For instance alveoli are part of the parenchyma of the lung.
* Pericardium
A protective layer of tissue enveloping the heart and the origins of many important blood vessels. The fibrous layer of the pericardium anchors the heart to surrounding tissue and prevents it from overfilling with blood. The serous layer prevents friction as the heart pumps.
* Peritoneal mesothelioma
Cancer of the peritoneum, which is the inside lining of the lower part of the chest.
* Peritoneum
Lining of the abdominal organs and cavity.
* Permissible Exposure Limit
A parameter used in assessment of workplace hazards.
* Phagocytosis
Process wherein a cell surrounds large particles and envelops them through the cell membrane.
* Photodynamic therapy
New cancer therapy. Patients are injected with a photosensitized chemical designed to be absorbed by the cancerous cells, not the healthy cells. The area is then irradiated with light that activates the chemical and causes the cancerous cells to die.
* Pleura
The thin covering that protects and cushions the lungs and chest cavity. The pleura is made up of two membrane (layers of tissue) that are separated by a small amount of fluid.
* Pleural Effusions
Collection of fluid in the pleural space between the lung and the chest wall.
* Pleural fluid
A serous fluid found within the pleural cavity between the parietal and visceral pleura
* Pleural mesothelioma
Cancer of the mesothelium lining around the lungs. The most common type of mesothelioma.
* Positron Emission Tomography
PET, or Positron Emission Tomography, is a procedure that produces powerful images of the body's biological functions and is being used more and more frequently in the treatment and monitoring of malignant diseases. Unlike conventional imaging, PET does not show the body's anatomy, rather it shows the chemical function or metabolism of an organ or tissue.
* Pneumonitis
Inflammation of the lung tissue which can lead to permanent scarring. One cause of pneumonitis is the inhalation of asbestos.
* Prognosis
A doctor’s opinion on the progression of a patient’s condition and chances for improvement/recovery.
* Proto oncogenes Genes that code for cell growth regulation and differentiation. They can lead to malignant tumors if they are mutated or over expressed.
* Radiation therapy
The use of high-energy rays or subatomic particles to treat disease. Types of radiation include x-ray, electron beam, alpha and beta particle, and gamma ray.
* Stroma
The non-functioning supportive framework of an organ. The mesothelium which lines the pleura, peritoneum, and pericardium can be considered stroma.
* Thoracentesis
Removal of fluid from the pleural cavity in the chest by inserting a needle into the chest. Used in diagnosis of mesothelioma.
* Thrombocytopenia
Thrombocytopenia is a reduced platelet (thrombocyte) count. It occurs when platelets are lost faster than they can be replaced. It can be caused by a failure in platelet production or a severe injury.
* Tomotherapy
A form of Intensity Modulated Radiation Therapy that integrates a CT Scan in the treatment to better target tumors and reduce radiation to healthy tissue. The scan allows greater precision for the radiation treatment by pinpointing tumor mass. Tomotherpy.
* Tumor Suppressor Gene
A gene that when activated can halt a cell’s cycle or encourage apoptosis reducing the probability that a damaged cell will evolve into a tumor cell.
* Video-Assisted Thoracoscopic Surgery
A technique used to diagnose and treat problems in the chest, which has found increasing use in mesothelioma diagnosis in recent years. The doctors inserts a fiber-optic camera (called a thorascope) into the chest.
PERITONEAL MESOTHELIOMA
Peritoneal mesothelioma, a cancer of the lining of the abdominal cavity, is less common than the pleural form, comprising approximately one-fifth to one-third of the total number of mesothelioma cases diagnosed. According to the SEER (Surveillance, Epidemiology, and End Results) database, these diagnoses are approximately 54.7 per cent male versus 45.3 per cent female, with the median age being 65-69. The latency period appears to be shorter for asbestos-exposed individuals with symptoms appearing 20-30 years after exposure rather than the 30-40 year latency more commonly associated with pleural mesothelioma.
Symptoms
Clinical symptoms at the time of presentation may include abdominal pain, abdominal mass, increased abdominal girth, distention of the abdomen, ascites (fluid in the abdomen), fever, weight loss, fatigue, anemia and digestive disturbances. Some patients complain of more non-specific symptoms for a number of months prior to a confirmed diagnosis. In a percentage of cases, peritoneal mesothelioma is found incidentally when the patient has sought help for another health problem such as gallbladder, hernia or pelvic mass.
Diagnosis
As with all mesotheliomas, the diagnosis of peritoneal mesothelioma can be challenging. CT findings may help differentiate between the two clinical types of peritoneal mesothelioma, termed “dry” or “wet”, since their appearances are very different upon imaging. In the “dry” type, CT may reveal multiple small masses or a single dominant localized mass. There is normally little or no ascites. In the “wet” type, CT may reveal widespread small nodules, but no dominant mass. Ascites is usually present.
If fluid is present, it may be removed in a procedure called paracentesis. Unfortunately, as is the case with pleural mesothelioma, fluid analysis offers limited diagnostic value. It is normally a tissue biopsy obtained in a laproscopic exploratory that will yield a definitive diagnosis.
Staging
There is currently no established staging system for peritoneal mesothelioma, and if the disease is staged, it is normally done in accordance with the TNM system, the most common general cancer staging system. This system refers to the status of the tumor (T), lymph nodes (N) and metastases (M). There are general categories which may also be somewhat helpful in determining stage.
The first category shows a localized lesion able to be completely resected (entirely removed). In the second category, the disease is contained within the abdominal cavity on peritoneal and organ surfaces where debulking (the removal of as much, but not all of the tumor) is possible. Category three shows disease contained within the abdominal cavity with invasion of organs such as the colon or liver. Category four shows disease extending outside the abdominal cavity.
Treatment
In recent years, multimodality treatment of peritoneal mesothelioma has become more common for a select patient population, since surgery alone and/or intraperitoneal chemotherapy alone have proven to be similarly ineffective. Cytoreductive (debulking) surgery involves the removal of all or nearly all visible tumor, and, depending on the physician’s choice, may be combined with Intra-Peritoneal Hyperthermic Chemotherapy (IPHC), intraperitoneal chemotherapy and/or radiation. Dr. Paul Sugarbaker has written "intraperitoneal chemotherapy gives high response rates within the abdomen because the peritoneal space to plasma barrier provides dose intensive therapy." Since it is not always possible to remove all tumors, the prognosis for long-term survival may be based on the completeness of cytoreduction as established by the following criteria:
Complete cytoreduction:
CC-0 No peritoneal seeding is visualized within the operative fields.
CC-1 Nodules of less than 2.5 cm persist after cytoreduction. Nodules of this size are thought to be penetrable by intracavitary chemotherapy, therefore cytoreduction is termed complete.
Imcomplete cytoreduction:
CC-2 Nodules of between 2.5 and 5 cm persist after cytoreduction.
CC-3 Nodules of greater than 5 cm or a merging of unresectable tumor nodules at any site within the abdomen or pelvis.
For patients found to have widespread disease, where surgery is not looked at as “potentially curative”, palliation of symptoms may be accomplished by debulking. Since peritoneal mesothelioma is a rare malignancy, specialized treatments should be conducted by doctors familiar with the disease.
Symptoms
Clinical symptoms at the time of presentation may include abdominal pain, abdominal mass, increased abdominal girth, distention of the abdomen, ascites (fluid in the abdomen), fever, weight loss, fatigue, anemia and digestive disturbances. Some patients complain of more non-specific symptoms for a number of months prior to a confirmed diagnosis. In a percentage of cases, peritoneal mesothelioma is found incidentally when the patient has sought help for another health problem such as gallbladder, hernia or pelvic mass.
Diagnosis
As with all mesotheliomas, the diagnosis of peritoneal mesothelioma can be challenging. CT findings may help differentiate between the two clinical types of peritoneal mesothelioma, termed “dry” or “wet”, since their appearances are very different upon imaging. In the “dry” type, CT may reveal multiple small masses or a single dominant localized mass. There is normally little or no ascites. In the “wet” type, CT may reveal widespread small nodules, but no dominant mass. Ascites is usually present.
If fluid is present, it may be removed in a procedure called paracentesis. Unfortunately, as is the case with pleural mesothelioma, fluid analysis offers limited diagnostic value. It is normally a tissue biopsy obtained in a laproscopic exploratory that will yield a definitive diagnosis.
Staging
There is currently no established staging system for peritoneal mesothelioma, and if the disease is staged, it is normally done in accordance with the TNM system, the most common general cancer staging system. This system refers to the status of the tumor (T), lymph nodes (N) and metastases (M). There are general categories which may also be somewhat helpful in determining stage.
The first category shows a localized lesion able to be completely resected (entirely removed). In the second category, the disease is contained within the abdominal cavity on peritoneal and organ surfaces where debulking (the removal of as much, but not all of the tumor) is possible. Category three shows disease contained within the abdominal cavity with invasion of organs such as the colon or liver. Category four shows disease extending outside the abdominal cavity.
Treatment
In recent years, multimodality treatment of peritoneal mesothelioma has become more common for a select patient population, since surgery alone and/or intraperitoneal chemotherapy alone have proven to be similarly ineffective. Cytoreductive (debulking) surgery involves the removal of all or nearly all visible tumor, and, depending on the physician’s choice, may be combined with Intra-Peritoneal Hyperthermic Chemotherapy (IPHC), intraperitoneal chemotherapy and/or radiation. Dr. Paul Sugarbaker has written "intraperitoneal chemotherapy gives high response rates within the abdomen because the peritoneal space to plasma barrier provides dose intensive therapy." Since it is not always possible to remove all tumors, the prognosis for long-term survival may be based on the completeness of cytoreduction as established by the following criteria:
Complete cytoreduction:
CC-0 No peritoneal seeding is visualized within the operative fields.
CC-1 Nodules of less than 2.5 cm persist after cytoreduction. Nodules of this size are thought to be penetrable by intracavitary chemotherapy, therefore cytoreduction is termed complete.
Imcomplete cytoreduction:
CC-2 Nodules of between 2.5 and 5 cm persist after cytoreduction.
CC-3 Nodules of greater than 5 cm or a merging of unresectable tumor nodules at any site within the abdomen or pelvis.
For patients found to have widespread disease, where surgery is not looked at as “potentially curative”, palliation of symptoms may be accomplished by debulking. Since peritoneal mesothelioma is a rare malignancy, specialized treatments should be conducted by doctors familiar with the disease.
Worldwide Cancer Rates on the Rise
Cancer is predicted to rise worldwide mainly due to the increase of tobacco use and more "Westernized" habits in developing countries. By the year 2030 cancer is expected to more than double and in 2010 it is predicted to be the world's largest killer.
The International Agency for Research on Cancer has completed a report that examines the impact this increase will have on the entire globe.
The report's findings are disturbing and include an increase in cancer cases to 27 million and an increase in cancer deaths to 17 million. China, Russia and India are expected to have the highest rate of increase of cancer incidence and deaths and the overall global increase is expected to be 1% per year. The report also points to tobacco use and obesity as the leading causes of cancer in poorer countries in the years to come.
The United States has had a reduction in cancer incidence and death over the past ten years and this fact highlights the growing need for developing countries to begin the same process.
Peter Boyle, MD and IARC Director said, "Forty years ago, cancer was primarily a disease of high-resource, industrialized countries," Boyle says. "That isn't true anymore. When we think of low-resource countries, we think of communicable diseases as the big killers. But each year more people across the globe die of cancer than die of AIDS, tuberculosis, and malaria combined."
Boyle also noted that just 15% of all cancer cases occurred in developing countries in 1970, but today more than half of the world's cancer deaths occur there.
These horrific rates are expected to rise mainly due to the widespread increase in smoking. Boyle said the increase in smoking normally takes decades to affect rates of lung cancer and emphysema.
"The big tobacco companies started to move pretty strongly into these low- and medium-resource countries in the early 1990s at about the same time that we were working very aggressively to reduce tobacco use in Western countries," he says
Both breast cancer and cervical cancer rates are also on the rise in poorer countries.
In addition to these findings other significant increases in cancer are occurring in various countries around the world.
Due to these overwhelming new discoveries, the American Cancer Society has reached out to the new Congress and the incoming Obama administration for help.
The International Agency for Research on Cancer has completed a report that examines the impact this increase will have on the entire globe.
The report's findings are disturbing and include an increase in cancer cases to 27 million and an increase in cancer deaths to 17 million. China, Russia and India are expected to have the highest rate of increase of cancer incidence and deaths and the overall global increase is expected to be 1% per year. The report also points to tobacco use and obesity as the leading causes of cancer in poorer countries in the years to come.
The United States has had a reduction in cancer incidence and death over the past ten years and this fact highlights the growing need for developing countries to begin the same process.
Peter Boyle, MD and IARC Director said, "Forty years ago, cancer was primarily a disease of high-resource, industrialized countries," Boyle says. "That isn't true anymore. When we think of low-resource countries, we think of communicable diseases as the big killers. But each year more people across the globe die of cancer than die of AIDS, tuberculosis, and malaria combined."
Boyle also noted that just 15% of all cancer cases occurred in developing countries in 1970, but today more than half of the world's cancer deaths occur there.
These horrific rates are expected to rise mainly due to the widespread increase in smoking. Boyle said the increase in smoking normally takes decades to affect rates of lung cancer and emphysema.
"The big tobacco companies started to move pretty strongly into these low- and medium-resource countries in the early 1990s at about the same time that we were working very aggressively to reduce tobacco use in Western countries," he says
Both breast cancer and cervical cancer rates are also on the rise in poorer countries.
In addition to these findings other significant increases in cancer are occurring in various countries around the world.
Due to these overwhelming new discoveries, the American Cancer Society has reached out to the new Congress and the incoming Obama administration for help.
Minnesota woman calls herself poster child for hope after mesothelioma
Roseville, MN - One Roseville woman has dubbed herself "the poster child for hope after meso[thelioma]", and she has the background to back it up.
Heather Von St. James, 39, has been living for almost three years since she was diagnosed with mesothelioma, the life-threatening lung cancer caused by exposure to asbestos. The average life expectancy of those who suffer from the disease ranges typically from 12 to 18 months.
She thinks she was exposed to the hazardous substance as a child. Her father was a construction laborer who worked with many asbestos-containing products. She said she used to put on his work clothes at times, not knowing that they were covered with asbestos.
Mrs. Von St. James was diagnosed with the cancer in November 2005, a few months after she gave birth to her now 3-year old daughter, Lily. When she returned to work on a part-time basis in August, she started feeling more tired than normal but thought it had to do with being a new mom. However, in October she reported feeling very heavy breathing.
A doctor's office visit resulted in the discovery of fluid in one of her lungs, which led to her going to United Hospital in St. Paul to get the fluid drained. After a series of tests, the doctor told her she had developed mesothelioma and presented her with several options.
If she left the cancer alone, she would probably live for only 15 more months. Radiation and chemotherapy would extend that to about five years. The last option was to undergo a radical surgical process which could possibly save her life. She chose the third.
In early February 2006, Mrs. Von St. James underwent the surgery which consisted of removing her left lung, one of her ribs, half of her diaphragm, the lining around her heart and a few lymph nodes. She spent the next three months recovering and in May, she began chemotherapy treatments. Today, she no longer has any traces of the mesothelioma in her body and is optimistic that it won't return.
taken from http://www.mesotheliomaweb.org
Heather Von St. James, 39, has been living for almost three years since she was diagnosed with mesothelioma, the life-threatening lung cancer caused by exposure to asbestos. The average life expectancy of those who suffer from the disease ranges typically from 12 to 18 months.
She thinks she was exposed to the hazardous substance as a child. Her father was a construction laborer who worked with many asbestos-containing products. She said she used to put on his work clothes at times, not knowing that they were covered with asbestos.
Mrs. Von St. James was diagnosed with the cancer in November 2005, a few months after she gave birth to her now 3-year old daughter, Lily. When she returned to work on a part-time basis in August, she started feeling more tired than normal but thought it had to do with being a new mom. However, in October she reported feeling very heavy breathing.
A doctor's office visit resulted in the discovery of fluid in one of her lungs, which led to her going to United Hospital in St. Paul to get the fluid drained. After a series of tests, the doctor told her she had developed mesothelioma and presented her with several options.
If she left the cancer alone, she would probably live for only 15 more months. Radiation and chemotherapy would extend that to about five years. The last option was to undergo a radical surgical process which could possibly save her life. She chose the third.
In early February 2006, Mrs. Von St. James underwent the surgery which consisted of removing her left lung, one of her ribs, half of her diaphragm, the lining around her heart and a few lymph nodes. She spent the next three months recovering and in May, she began chemotherapy treatments. Today, she no longer has any traces of the mesothelioma in her body and is optimistic that it won't return.
taken from http://www.mesotheliomaweb.org
California DUI Expungement Lawyers
Our DUI defense attorneys help clients to expunge and clear records of DUI convictions that occurred in San Bernardino County, Los Angeles County, Orange County or Riverside County. If you were convicted of DUI and would like to inquire about getting your record of conviction expunged, contact us for a free phone consultation.
What is a DUI Expungement?
A DUI expungement is a process that partially clears one's criminal record following a DUI conviction. In a DUI expungement, you withdraw your plea of guilty (or no contest) to the DUI charge, and the court dismisses the case. The DUI expungement can occur any time after you've successfully completed your DUI probation.
What are the Benefits Expunging My DUI Record?
The primary reason to expunge your DUI record is that afterwards you can truthfully say that you have not been convicted of a crime. In a job application or a job interview, for example, you can correctly say that you do not have a criminal record.
There are three exceptions: 1) if you seek to become a peace officer or run for public office, 2) if you seek to contract with the California Lottery commission, or 3) if you apply for State license.
How Do DUI Expungements Affect My Ability to Obtain a State License?
Many state licensing boards require that criminal convictions be expunged before they will issue a state license. If you suffered a DUI conviction, many licensing boards look favorably upon your having taken the initiative to expunge it. However, even if your DUI conviction has been expunged, you must still disclose the conviction if asked on an application for a state license: "Have you ever been convicted of a crime?"
Can I Get a Felony DUI Reduced to a Misdemeanor?
Yes. If you were given probation for your felony DUI and you successfully completed the DUI probation, we can get the felony DUI reduced to a misdemeanor and then expunged.
Can I Get an Early Termination of Probation in a DUI Case?
Sometimes, in a misdemeanor DUI case, the court may be willing to terminate probation (and grant an expungement) after one year if you've successfully completed all the terms and conditions. It depends on the facts of the DUI case, the court and the prosecutor.
Does an Expunged DUI Conviction Still Count if I Get Another DUI Later?
Yes. If you get another DUI conviction within 10 years of a DUI or wet reckless conviction, it will be considered a second offense-despite the first DUI having been expunged.
Further Internet Resources:
Los Angeles County Expungement Lawyer
California lawyers helping to expunge and remove records of criminal convictions in Long Beach, San Bernardino and Orange County.
Expunge Criminal Records
Los Angeles attorney with experience in assisting clients to clear criminal records.
How Do Employer Background Checks Work?
Discussion of privacy rights and employer background checks.
Los Angeles Superior Court
Information and resources for court cases in Los Angeles County.
What is a DUI Expungement?
A DUI expungement is a process that partially clears one's criminal record following a DUI conviction. In a DUI expungement, you withdraw your plea of guilty (or no contest) to the DUI charge, and the court dismisses the case. The DUI expungement can occur any time after you've successfully completed your DUI probation.
What are the Benefits Expunging My DUI Record?
The primary reason to expunge your DUI record is that afterwards you can truthfully say that you have not been convicted of a crime. In a job application or a job interview, for example, you can correctly say that you do not have a criminal record.
There are three exceptions: 1) if you seek to become a peace officer or run for public office, 2) if you seek to contract with the California Lottery commission, or 3) if you apply for State license.
How Do DUI Expungements Affect My Ability to Obtain a State License?
Many state licensing boards require that criminal convictions be expunged before they will issue a state license. If you suffered a DUI conviction, many licensing boards look favorably upon your having taken the initiative to expunge it. However, even if your DUI conviction has been expunged, you must still disclose the conviction if asked on an application for a state license: "Have you ever been convicted of a crime?"
Can I Get a Felony DUI Reduced to a Misdemeanor?
Yes. If you were given probation for your felony DUI and you successfully completed the DUI probation, we can get the felony DUI reduced to a misdemeanor and then expunged.
Can I Get an Early Termination of Probation in a DUI Case?
Sometimes, in a misdemeanor DUI case, the court may be willing to terminate probation (and grant an expungement) after one year if you've successfully completed all the terms and conditions. It depends on the facts of the DUI case, the court and the prosecutor.
Does an Expunged DUI Conviction Still Count if I Get Another DUI Later?
Yes. If you get another DUI conviction within 10 years of a DUI or wet reckless conviction, it will be considered a second offense-despite the first DUI having been expunged.
Further Internet Resources:
Los Angeles County Expungement Lawyer
California lawyers helping to expunge and remove records of criminal convictions in Long Beach, San Bernardino and Orange County.
Expunge Criminal Records
Los Angeles attorney with experience in assisting clients to clear criminal records.
How Do Employer Background Checks Work?
Discussion of privacy rights and employer background checks.
Los Angeles Superior Court
Information and resources for court cases in Los Angeles County.
What is a Divorce From Bed and Board?
1. What is a divorce from bed and board?
There really is no formal proceeding to have a legal separation in New Jersey. The closest legal proceeding for a "legal separation" provides under New Jersey divorce laws is a divorce from bed and board. There is an outdated legal proceeding called a "divorce from bed and board" that is similar to a legal separation. Basically, a divorce from bed and board is a legal proceeding that is not really a divorce, but it is more than a legal separation. A divorce from bed and board was very popular in the 50's and 60's. Many people believed that getting a divorce was a mortal sin. These kinds of beliefs were especially prevalent for people of the Catholic faith.
To address these concerns the courts developed a legal proceeding called a divorce from bed and board. In this type of proceeding, the parties are economically divorced but they are still legally married. The parties obtain a judgment that equitably distributes the assets, support awards are issued, alimony awards are made, debts are apportioned, marital homes are sold, and pensions are divided. A divorce from bed and board does not terminate or dissolve the marital bond. Instead, the divorce from bed and board only declares that the parties are legally separated.
A divorce from bed and board is also commonly referred to as a limited, partial or a qualified divorce. A divorce from bed and board does all but terminate the bonds of matrimony. Although a divorce from bed and board is somewhat rare today, it may be desirable for couples who are averse to getting a divorce. For example, either or both parties may have religious reasons for not wanting to get an absolute divorce. The primary reason to obtain a divorce from bed and board is to enable both spouses to maintain health insurance coverage.
Another main difference between an absolute divorce and a divorce from bed and board, is that in an absolute divorce only one spouse has to file or request a divorce from the family court. Meanwhile, in a divorce from bed and board case both parties must request and/or agree that the court should grant a divorce from bed and board. If both parties don't want to have the court grant them a divorce from bed and board, then the court will not grant one. Meanwhile, in an absolute divorce case the family court will grant a divorce even if one spouse does not want to get divorced.
2. What are the grounds for a divorce from bed and board?
A divorce from bed and board may be granted for the same causes that are required to obtain an absolute divorce. A very interesting feature of this cause of action is that it may be granted only when both parties request that the family court grant an absolute divorce.
3. What is the legal authority to support a divorce from bed and board?
The cause of action for a divorce from bed and board is provided by statute. N.J.S.A. 2A:34-3 provides;
Causes for divorce from bed and board
a. Divorce from bed and board may be adjudged for the same causes as divorce from the bonds of matrimony whenever both parties petition or join in requesting such relief and if they or either of them present sufficient proof of such cause or causes to warrant the entry of a judgment of divorce from the bonds of matrimony, provided further that in the case of a reconciliation thereafter the parties may apply for a revocation or suspension of the judgment, and provided further that the granting of a bed and board divorce shall in no way prejudice either party from thereafter applying to the court for a conversion of said divorce to a divorce from the bonds of matrimony, which application shall be granted as a matter of right.
4. What are the benefits and drawbacks of a divorce from bed and board?
The major benefit of a divorce from bed and board is that a separated spouse can still receive health insurance benefits from the other spouse's employee health plan. The employer's health plan will not terminate the separated spouse's health insurance benefits because there is not a complete divorce. In my experience retaining health benefits are the primary reason why a couple may choose to pursue a divorce from bed and board. In many cases, it is impossible for a divorced wife to obtain affordable health insurance benefits after a divorce. Therefore, if a wife has a medical condition, then it is imperative that she is able to maintain adequate health insurance coverage.
In many long-term marriages a divorce from bed and board can enable a wife to retain her health insurance. Consequently, a separated wife can avoid paying oppressive Cobra payments, or avoid purchasing an exorbitantly priced health insurance policy. Another benefit is that the family unit can remain somewhat intact. It is important to emphasize that the other marital issues between the couple can be decided even though there is no complete divorce entered.
In many divorces from bed and board the court will award the wife a lower alimony award if the husband cooperates and consents to a divorce from bed and board. In many divorces of long term marriages, the court will require the husband to pay for alimony and for health insurance benefits for his ex-wife. Unfortunately, there may not be enough "money in the pot" to accomplish this. Therefore, a divorce from bed and board can solve this dilemma, even though it has its drawbacks. Life is a series of compromises, and a divorce from bed and board is certainly a major compromise for many divorcing parties.
In summary, a divorce from bed and board is a legal proceeding essentially halfway between a legal separation and an absolute divorce. This type of alternative to an absolute divorce is only advisable if the parties are still civil to each other. Moreover, this type of legal proceeding is really only applicable to a very long-term marriage wherein neither person has any intentions to remarry.
The major drawback of a divorce from bed and board is that even though the spouses are economically divorced, the parties are still technically married to each other. Therefore, it may be impossible for the spouses to date other people. Moreover, many spouses still may attempt to exert control over the other spouse because they are still technically married.
5. Is a divorce from bed and board permanent?
One of the advantages of a divorce from bed and board is that it can be modified. If the parties should reconcile, then the parties may apply for a revocation or a suspension of the divorce from bed and board. Moreover, if the parties should ultimately decide that they want to have an absolute divorce, then the statute provides that either party can make an application to convert a limited divorce into an absolute divorce.
6. I have agreed to obtain a divorce from bed and board with my wife. However, now I want to get an absolute divorce because I want to get remarried. What should I do?
The statute for divorce from bed and board, N.J.S.A. 2A:34-3 provides that the granting of a bed and board divorce shall in no way prejudice either party from thereafter applying to the court for a conversion of a limited divorce into an absolute divorce. The statute does not leave the trial court with the discretion to grant or deny an application for conversion - it must be granted as a matter of right.
I would advise you to file an application to convert the limited judgment of divorce into an absolute divorce. You should file a motion to convert your limited judgment of divorce into an absolute divorce.
7. I have a divorce from bed and board from my wife. My wife recently won the lottery, and she won $5,000,000. Do I have any legal claims to her winnings?
No. A divorce from bed and board also should address the equitable distribution of all of the parties' marital assets. N.J.S.A. 2A:34-3 specifically provides that a limited judgment of divorce may equitably distribute the marital property. Therefore, for all practical purposes, once the limited judgment of divorce is filed, then any property that is acquired by either spouse is their own separate property. During the time that a limited judgment of divorce is in effect, then all of the property rights of either spouse are the same as if they were married.
8. I have obtained a divorce from bed and board from my husband. My husband wants to get remarried. Therefore, he has filed an application to convert the limited divorce into an absolute divorce. I don't want to have an absolute divorce, and the terms of my divorce from bed and board were really lousy. Can I block my husband's application to convert? What else can I do?
There is a split in the law on this issue. N.J.S.A. 2A:34-3 which is the statute for a divorce from bed and board provides "the granting of a bed and board divorce shall in no way prejudice either party from thereafter applying to the court for a conversion of said divorce to a divorce from the bonds of matrimony, which application shall be granted as a matter of right."
After reviewing this statute it would appear that a spouse has an absolute right to file an application to convert a limited divorce into an absolute divorce. Illustrative is the case of Horesta v. Horesta, 118 N.J. Super. 71 (App. Div. 1971). Here, the plaintiff husband filed an application for a summary judgment to convert of a judgment for a limited divorce to a divorce from bed and board. The court granted the plaintiff's motion for summary judgment seeking a conversion of the judgment of divorce from bed and board. The court further noted that the judgment for an absolute divorce was granted for the same cause of action upon which the prior judgment for the divorce from bed and board was granted upon.
Meanwhile, the case of DeAngelis v. DeAngelis, 122 N.J. Super. 48 (App. Div. 1973), reached a different result on an application by a husband to convert a divorce from bed and board into an absolute divorce. In the DeAngelis case the court held that if a defendant wants to convert a judgment for a limited divorce into a judgment for an absolute divorce, then he must institute a plenary action to do so.
Here, the plaintiff Louise DeAngelis was granted a divorce from bed and board on May 21, 1959 on the ground of adultery. A property settlement agreement was entered into between the parties at the time judgment was entered. On September 14, 1971, the defendant filed a notice of motion in the original cause seeking to convert the limited divorce judgment to one of absolute divorce under N.J.S.A. 2A:34-3.
In the interval between May 1959 and September 1971 the defendant had obtained a Mexican divorce and remarried, and Louise had secured a judgment in New Jersey which found that the Mexican divorce was void.
When the motion to convert was made, the plaintiff responded with a cross-motion seeking alimony and maintenance, and equitable distribution of property and counsel fees and costs. The record does not disclose that the plaintiff opposed the application for conversion below.
The trial judge, after hearing oral argument denied both motions. The court ruled that it denied both motions on procedural grounds. Moreover, the court ruled that a new action was required to be filed to obtain the relief sought by motion. Thereafter, the case was appealed.
On appeal, the Appellate Division held that the defendant John DeAngelis was required to institute a plenary action if he wanted to convert the judgment for a limited divorce entered against him into one of absolute divorce under N.J.S.A. 2A:34-3. The Appellate Division also held that if Mr. DeAngelis elected to move under the statute in this manner, then the plaintiff Louise DeAngelis would have the opportunity to establish that she was entitled to a revision of whatever property agreement that existed between the parties. These areas include such items as alimony, dower and equitable distribution of property.
In summary, there is no clear cut answer as to whether a separated spouse can automatically have an application to convert a divorce from bed and board into an absolute divorce. The statute N.J.S.A. 2A:34-3 and the Horesta case indicate that a separated spouse has an automatic right to have a limited divorce converted into an absolute divorce. Alternatively, the DeAngelis decision indicates that a spouse has to file an application for a plenary hearing to seek to have a limited divorce converted into an absolute divorce. Moreover, at this plenary hearing either spouse may make an application to modify the terms of the limited judgment of divorce. Consequently, according to the DeAngelis view a limited judgment of divorce can be re-litigated if there is a substantial change of circumstances, or if it was grossly unfair.
9. I have obtained a divorce from bed and board from my husband. My husband recently died, and he has left me nothing under his will. Do I have any rights to make any claims against my husband's estate?
No. All equitable distribution issues should be decided in the divorce from bed and board case. Therefore, you are probably barred from any making any claim against your husband's estate. Illustrative is the case of In re Friedman's Will, 83 N.J. Super. 116 (App. Div. 1964). Here, the wife obtained a divorce from bed and board, and after which the husband died, leaving her nothing under his will. In response, the wife filed a caveat to the will. The court held that she was entitled to nothing under the will after the entry of a bed and board divorce.
In summary, one of the primary aspects of a divorce from bed and board is that it suspends certain marital rights to inheritance. A divorce from bed and board suspends the spouse's estate rights of the separated spouses. Therefore, in any divorce from bed and board case all property issues must be addressed.
10. What are some other benefits of obtaining a divorce from bed and board?
The main advantage of having a divorce of bed and board is that it enables both spouses to keep their health insurance benefits from an employer's health plan. However, there are other benefits as well. A major part of any pension plan is the survivor benefits. This basically means that the surviving spouse will still be able to receive pension benefits once her spouse dies. If there is an absolute divorce then the survivorship benefits are terminated. However, in some pension plans a divorce from bed and board will not terminate the survivor pension benefits. It is important to emphasize that the contents of any pension plan must be fully examined and researched before making any type of legal analysis as to whether a pension plan's survivorship benefits will terminate upon a divorce from bed and board. Moreover, there is no existing case law on this issue.
A review of the case law also indicates that a divorce from bed and board will enable a separated couple to retain many legal rights. Illustrative is the case of Jackson v. Township of Neptune, 15 N.J. 498 (Tax Ct. 1996). Here the court held that the fact that a husband and a wife obtained a divorce from bend and board did not affect the wife's claim to the veteran property tax exemption. The court held that even though the parties were separated the marital bond still subsisted. Therefore, a review of the Jackson v. Township of Neptune holding indicates that a separated couple who have obtained a divorce from bed and board are still eligible for many of the governmental benefits that are given to married couples.
Information provided by:
Theodore Sliwinski, Esq. located at
http://www.divorcecenterofnj.com
There really is no formal proceeding to have a legal separation in New Jersey. The closest legal proceeding for a "legal separation" provides under New Jersey divorce laws is a divorce from bed and board. There is an outdated legal proceeding called a "divorce from bed and board" that is similar to a legal separation. Basically, a divorce from bed and board is a legal proceeding that is not really a divorce, but it is more than a legal separation. A divorce from bed and board was very popular in the 50's and 60's. Many people believed that getting a divorce was a mortal sin. These kinds of beliefs were especially prevalent for people of the Catholic faith.
To address these concerns the courts developed a legal proceeding called a divorce from bed and board. In this type of proceeding, the parties are economically divorced but they are still legally married. The parties obtain a judgment that equitably distributes the assets, support awards are issued, alimony awards are made, debts are apportioned, marital homes are sold, and pensions are divided. A divorce from bed and board does not terminate or dissolve the marital bond. Instead, the divorce from bed and board only declares that the parties are legally separated.
A divorce from bed and board is also commonly referred to as a limited, partial or a qualified divorce. A divorce from bed and board does all but terminate the bonds of matrimony. Although a divorce from bed and board is somewhat rare today, it may be desirable for couples who are averse to getting a divorce. For example, either or both parties may have religious reasons for not wanting to get an absolute divorce. The primary reason to obtain a divorce from bed and board is to enable both spouses to maintain health insurance coverage.
Another main difference between an absolute divorce and a divorce from bed and board, is that in an absolute divorce only one spouse has to file or request a divorce from the family court. Meanwhile, in a divorce from bed and board case both parties must request and/or agree that the court should grant a divorce from bed and board. If both parties don't want to have the court grant them a divorce from bed and board, then the court will not grant one. Meanwhile, in an absolute divorce case the family court will grant a divorce even if one spouse does not want to get divorced.
2. What are the grounds for a divorce from bed and board?
A divorce from bed and board may be granted for the same causes that are required to obtain an absolute divorce. A very interesting feature of this cause of action is that it may be granted only when both parties request that the family court grant an absolute divorce.
3. What is the legal authority to support a divorce from bed and board?
The cause of action for a divorce from bed and board is provided by statute. N.J.S.A. 2A:34-3 provides;
Causes for divorce from bed and board
a. Divorce from bed and board may be adjudged for the same causes as divorce from the bonds of matrimony whenever both parties petition or join in requesting such relief and if they or either of them present sufficient proof of such cause or causes to warrant the entry of a judgment of divorce from the bonds of matrimony, provided further that in the case of a reconciliation thereafter the parties may apply for a revocation or suspension of the judgment, and provided further that the granting of a bed and board divorce shall in no way prejudice either party from thereafter applying to the court for a conversion of said divorce to a divorce from the bonds of matrimony, which application shall be granted as a matter of right.
4. What are the benefits and drawbacks of a divorce from bed and board?
The major benefit of a divorce from bed and board is that a separated spouse can still receive health insurance benefits from the other spouse's employee health plan. The employer's health plan will not terminate the separated spouse's health insurance benefits because there is not a complete divorce. In my experience retaining health benefits are the primary reason why a couple may choose to pursue a divorce from bed and board. In many cases, it is impossible for a divorced wife to obtain affordable health insurance benefits after a divorce. Therefore, if a wife has a medical condition, then it is imperative that she is able to maintain adequate health insurance coverage.
In many long-term marriages a divorce from bed and board can enable a wife to retain her health insurance. Consequently, a separated wife can avoid paying oppressive Cobra payments, or avoid purchasing an exorbitantly priced health insurance policy. Another benefit is that the family unit can remain somewhat intact. It is important to emphasize that the other marital issues between the couple can be decided even though there is no complete divorce entered.
In many divorces from bed and board the court will award the wife a lower alimony award if the husband cooperates and consents to a divorce from bed and board. In many divorces of long term marriages, the court will require the husband to pay for alimony and for health insurance benefits for his ex-wife. Unfortunately, there may not be enough "money in the pot" to accomplish this. Therefore, a divorce from bed and board can solve this dilemma, even though it has its drawbacks. Life is a series of compromises, and a divorce from bed and board is certainly a major compromise for many divorcing parties.
In summary, a divorce from bed and board is a legal proceeding essentially halfway between a legal separation and an absolute divorce. This type of alternative to an absolute divorce is only advisable if the parties are still civil to each other. Moreover, this type of legal proceeding is really only applicable to a very long-term marriage wherein neither person has any intentions to remarry.
The major drawback of a divorce from bed and board is that even though the spouses are economically divorced, the parties are still technically married to each other. Therefore, it may be impossible for the spouses to date other people. Moreover, many spouses still may attempt to exert control over the other spouse because they are still technically married.
5. Is a divorce from bed and board permanent?
One of the advantages of a divorce from bed and board is that it can be modified. If the parties should reconcile, then the parties may apply for a revocation or a suspension of the divorce from bed and board. Moreover, if the parties should ultimately decide that they want to have an absolute divorce, then the statute provides that either party can make an application to convert a limited divorce into an absolute divorce.
6. I have agreed to obtain a divorce from bed and board with my wife. However, now I want to get an absolute divorce because I want to get remarried. What should I do?
The statute for divorce from bed and board, N.J.S.A. 2A:34-3 provides that the granting of a bed and board divorce shall in no way prejudice either party from thereafter applying to the court for a conversion of a limited divorce into an absolute divorce. The statute does not leave the trial court with the discretion to grant or deny an application for conversion - it must be granted as a matter of right.
I would advise you to file an application to convert the limited judgment of divorce into an absolute divorce. You should file a motion to convert your limited judgment of divorce into an absolute divorce.
7. I have a divorce from bed and board from my wife. My wife recently won the lottery, and she won $5,000,000. Do I have any legal claims to her winnings?
No. A divorce from bed and board also should address the equitable distribution of all of the parties' marital assets. N.J.S.A. 2A:34-3 specifically provides that a limited judgment of divorce may equitably distribute the marital property. Therefore, for all practical purposes, once the limited judgment of divorce is filed, then any property that is acquired by either spouse is their own separate property. During the time that a limited judgment of divorce is in effect, then all of the property rights of either spouse are the same as if they were married.
8. I have obtained a divorce from bed and board from my husband. My husband wants to get remarried. Therefore, he has filed an application to convert the limited divorce into an absolute divorce. I don't want to have an absolute divorce, and the terms of my divorce from bed and board were really lousy. Can I block my husband's application to convert? What else can I do?
There is a split in the law on this issue. N.J.S.A. 2A:34-3 which is the statute for a divorce from bed and board provides "the granting of a bed and board divorce shall in no way prejudice either party from thereafter applying to the court for a conversion of said divorce to a divorce from the bonds of matrimony, which application shall be granted as a matter of right."
After reviewing this statute it would appear that a spouse has an absolute right to file an application to convert a limited divorce into an absolute divorce. Illustrative is the case of Horesta v. Horesta, 118 N.J. Super. 71 (App. Div. 1971). Here, the plaintiff husband filed an application for a summary judgment to convert of a judgment for a limited divorce to a divorce from bed and board. The court granted the plaintiff's motion for summary judgment seeking a conversion of the judgment of divorce from bed and board. The court further noted that the judgment for an absolute divorce was granted for the same cause of action upon which the prior judgment for the divorce from bed and board was granted upon.
Meanwhile, the case of DeAngelis v. DeAngelis, 122 N.J. Super. 48 (App. Div. 1973), reached a different result on an application by a husband to convert a divorce from bed and board into an absolute divorce. In the DeAngelis case the court held that if a defendant wants to convert a judgment for a limited divorce into a judgment for an absolute divorce, then he must institute a plenary action to do so.
Here, the plaintiff Louise DeAngelis was granted a divorce from bed and board on May 21, 1959 on the ground of adultery. A property settlement agreement was entered into between the parties at the time judgment was entered. On September 14, 1971, the defendant filed a notice of motion in the original cause seeking to convert the limited divorce judgment to one of absolute divorce under N.J.S.A. 2A:34-3.
In the interval between May 1959 and September 1971 the defendant had obtained a Mexican divorce and remarried, and Louise had secured a judgment in New Jersey which found that the Mexican divorce was void.
When the motion to convert was made, the plaintiff responded with a cross-motion seeking alimony and maintenance, and equitable distribution of property and counsel fees and costs. The record does not disclose that the plaintiff opposed the application for conversion below.
The trial judge, after hearing oral argument denied both motions. The court ruled that it denied both motions on procedural grounds. Moreover, the court ruled that a new action was required to be filed to obtain the relief sought by motion. Thereafter, the case was appealed.
On appeal, the Appellate Division held that the defendant John DeAngelis was required to institute a plenary action if he wanted to convert the judgment for a limited divorce entered against him into one of absolute divorce under N.J.S.A. 2A:34-3. The Appellate Division also held that if Mr. DeAngelis elected to move under the statute in this manner, then the plaintiff Louise DeAngelis would have the opportunity to establish that she was entitled to a revision of whatever property agreement that existed between the parties. These areas include such items as alimony, dower and equitable distribution of property.
In summary, there is no clear cut answer as to whether a separated spouse can automatically have an application to convert a divorce from bed and board into an absolute divorce. The statute N.J.S.A. 2A:34-3 and the Horesta case indicate that a separated spouse has an automatic right to have a limited divorce converted into an absolute divorce. Alternatively, the DeAngelis decision indicates that a spouse has to file an application for a plenary hearing to seek to have a limited divorce converted into an absolute divorce. Moreover, at this plenary hearing either spouse may make an application to modify the terms of the limited judgment of divorce. Consequently, according to the DeAngelis view a limited judgment of divorce can be re-litigated if there is a substantial change of circumstances, or if it was grossly unfair.
9. I have obtained a divorce from bed and board from my husband. My husband recently died, and he has left me nothing under his will. Do I have any rights to make any claims against my husband's estate?
No. All equitable distribution issues should be decided in the divorce from bed and board case. Therefore, you are probably barred from any making any claim against your husband's estate. Illustrative is the case of In re Friedman's Will, 83 N.J. Super. 116 (App. Div. 1964). Here, the wife obtained a divorce from bed and board, and after which the husband died, leaving her nothing under his will. In response, the wife filed a caveat to the will. The court held that she was entitled to nothing under the will after the entry of a bed and board divorce.
In summary, one of the primary aspects of a divorce from bed and board is that it suspends certain marital rights to inheritance. A divorce from bed and board suspends the spouse's estate rights of the separated spouses. Therefore, in any divorce from bed and board case all property issues must be addressed.
10. What are some other benefits of obtaining a divorce from bed and board?
The main advantage of having a divorce of bed and board is that it enables both spouses to keep their health insurance benefits from an employer's health plan. However, there are other benefits as well. A major part of any pension plan is the survivor benefits. This basically means that the surviving spouse will still be able to receive pension benefits once her spouse dies. If there is an absolute divorce then the survivorship benefits are terminated. However, in some pension plans a divorce from bed and board will not terminate the survivor pension benefits. It is important to emphasize that the contents of any pension plan must be fully examined and researched before making any type of legal analysis as to whether a pension plan's survivorship benefits will terminate upon a divorce from bed and board. Moreover, there is no existing case law on this issue.
A review of the case law also indicates that a divorce from bed and board will enable a separated couple to retain many legal rights. Illustrative is the case of Jackson v. Township of Neptune, 15 N.J. 498 (Tax Ct. 1996). Here the court held that the fact that a husband and a wife obtained a divorce from bend and board did not affect the wife's claim to the veteran property tax exemption. The court held that even though the parties were separated the marital bond still subsisted. Therefore, a review of the Jackson v. Township of Neptune holding indicates that a separated couple who have obtained a divorce from bed and board are still eligible for many of the governmental benefits that are given to married couples.
Information provided by:
Theodore Sliwinski, Esq. located at
http://www.divorcecenterofnj.com
10 Tips To Get Through Your Divorce Mediation
In my readings as a divorce mediator, I often find many articles on getting through your divorce but not necessarily on getting through your divorce mediation. Take for example an article I read on the Bella Online website posted by Stephanie L Watson in which she wrote of "10 Tips to Get through Your Contested Divorce." After having a chance to read and absorb it, I thought it did an excellent job of keeping those in the midst of a divorce focused on the task at hand and offered many ways to reduce the stress of what is already an emotional situation.
Then upon further reflection, I got to thinking about what the core of divorce mediation really is and based on the topics covered in her article, I realized the advice she was offering was really a form of alternative dispute resolution. So with that in mind, I present 10 tips for getting through your divorce mediation. I hope you find them helpful.
1) Cool it
In divorce mediation sessions, I try to tell my clients that some emotions are OK and even natural but it doesn't do anyone any good if you lose your temper as you will be unable to make rational decisions which are going to impact you and your family for the rest of your lives.
2) Get Counseling
What better time to work on you than the present and since divorce mediation does bring up a lot of feelings, it's always good to have a neutral third party to share them with and help you make sense of what you're going through.
3) Silence is golden
In mediation we have a saying that our job is to keep everyone "future focused." One of the tough things about being an adult is letting the past go and looking to the future. Like the first point above says, brighter days are ahead even after your divorce even though when you are in the middle of it, it seems impossible to believe and like the old adage says, if you can't say anything nice...
4) Act with integrity
Especially if you have children, they will emulate your behavior so be careful how you act because you're never sure who is paying attention. But at the end of the day, if you do something illegal, you will get caught and it will not end well for you.
5) Honesty is the best policy
One of the basic tenants of divorce mediation is that we as divorce mediators rely on what is presented to us. During your mediation session we ask that you remember to be completely open and honest with us as if you don't, the truth is going to come out some time anyway and usually it's in court. Trust me, that is the last place you want to be.
6) Keep children out of it
Divorce is an adult issue and is to be treated as such. No slandering your soon to be ex-spouse as you must remember - just because you will no longer be husband and wife, you will always be mom and dad to that child and they need you now more than ever.
7) Record everything
In mediation it's much better to be able to provide back-up and documentation to support your claims than to use emotional statements which come less from a place of truth and more from a place of hurt. We as mediators rely solely on what is presented to us and in order for mediation to work; we need all parties to be open and honest with us.
8) Digitize it
Because we are an equitable distribution state, during divorce mediation in New Jersey, we go through an exercise where we ask clients to inventory all of their assets, liabilities, both individual and joint for the purposes of equitable distribution. Being able to peacefully divide belongings makes this a much simpler and more straightforward process than if couples were to argue and dissect every single item. Naturally the wants and needs of each spouse are balanced out so at the end of the day, each of them comes away with something that is fair and balanced and they can live with. Remember - it's just "stuff."
9) Prove it
Couples need to understand when entering divorce mediation that it is not marriage counseling or therapy. It is important to document and prove things when you can in order to keep the sessions from disintegrating into "he said / she said." We're not here to bring up old wounds or to try and hurt the other person; we're here to peacefully and as amicably as possible dissolve the marriage.
10) Be real
At the end of the day, the law is looking to equalize the parties' standards of living. It does not seek to penalize one or the other party and heap wealth and financial gain upon one because in its judgment the person was wronged. Ask any attorney who understands divorce mediation and they will (or should) tell you that assuming competent attorneys, you will wind up with the same results litigating your divorce as you will mediating your divorce and as I can personally attest to you will save yourself a fair amount of money and headaches in the process.
Information provided by:
Joseph F. Dillon, MBA, located at
http://www.equitablemediation.org/
Then upon further reflection, I got to thinking about what the core of divorce mediation really is and based on the topics covered in her article, I realized the advice she was offering was really a form of alternative dispute resolution. So with that in mind, I present 10 tips for getting through your divorce mediation. I hope you find them helpful.
1) Cool it
In divorce mediation sessions, I try to tell my clients that some emotions are OK and even natural but it doesn't do anyone any good if you lose your temper as you will be unable to make rational decisions which are going to impact you and your family for the rest of your lives.
2) Get Counseling
What better time to work on you than the present and since divorce mediation does bring up a lot of feelings, it's always good to have a neutral third party to share them with and help you make sense of what you're going through.
3) Silence is golden
In mediation we have a saying that our job is to keep everyone "future focused." One of the tough things about being an adult is letting the past go and looking to the future. Like the first point above says, brighter days are ahead even after your divorce even though when you are in the middle of it, it seems impossible to believe and like the old adage says, if you can't say anything nice...
4) Act with integrity
Especially if you have children, they will emulate your behavior so be careful how you act because you're never sure who is paying attention. But at the end of the day, if you do something illegal, you will get caught and it will not end well for you.
5) Honesty is the best policy
One of the basic tenants of divorce mediation is that we as divorce mediators rely on what is presented to us. During your mediation session we ask that you remember to be completely open and honest with us as if you don't, the truth is going to come out some time anyway and usually it's in court. Trust me, that is the last place you want to be.
6) Keep children out of it
Divorce is an adult issue and is to be treated as such. No slandering your soon to be ex-spouse as you must remember - just because you will no longer be husband and wife, you will always be mom and dad to that child and they need you now more than ever.
7) Record everything
In mediation it's much better to be able to provide back-up and documentation to support your claims than to use emotional statements which come less from a place of truth and more from a place of hurt. We as mediators rely solely on what is presented to us and in order for mediation to work; we need all parties to be open and honest with us.
8) Digitize it
Because we are an equitable distribution state, during divorce mediation in New Jersey, we go through an exercise where we ask clients to inventory all of their assets, liabilities, both individual and joint for the purposes of equitable distribution. Being able to peacefully divide belongings makes this a much simpler and more straightforward process than if couples were to argue and dissect every single item. Naturally the wants and needs of each spouse are balanced out so at the end of the day, each of them comes away with something that is fair and balanced and they can live with. Remember - it's just "stuff."
9) Prove it
Couples need to understand when entering divorce mediation that it is not marriage counseling or therapy. It is important to document and prove things when you can in order to keep the sessions from disintegrating into "he said / she said." We're not here to bring up old wounds or to try and hurt the other person; we're here to peacefully and as amicably as possible dissolve the marriage.
10) Be real
At the end of the day, the law is looking to equalize the parties' standards of living. It does not seek to penalize one or the other party and heap wealth and financial gain upon one because in its judgment the person was wronged. Ask any attorney who understands divorce mediation and they will (or should) tell you that assuming competent attorneys, you will wind up with the same results litigating your divorce as you will mediating your divorce and as I can personally attest to you will save yourself a fair amount of money and headaches in the process.
Information provided by:
Joseph F. Dillon, MBA, located at
http://www.equitablemediation.org/
How Much Life Insurance Do You Need After Divorce?
(provided by Ann O'Flanagan, Esq.)
Experts believe that a surviving spouse with children needs at least $100,000.00 worth of insurance for every $500.00 of pre-tax income. If you require $3,000.00 a month ($36,000.00 per year) to cover your expenses, your spouse should have $600,000.00 of life insurance. ($3,000.00/500.00 = 6; 6 x 100,000.00 = $600,000.00) of insurance to meet your bills. The surviving souse would invest the $600,000.00 at a conservative interest rate of 6 % which would generate $36,000.00 a year in interest before taxes. Because the surviving spouse and children would be living off the interest, rather than the principal. the income would last forever.
Many people feel that $50.000.00 worth of insurance, that's commonly part of, an employee benefit's package. is enough. It is not.
Therefore, at the time of divorce, it is imperative that additional insurance be obtained so that, in the event that your spouse dies, and alimony and child support ceases, the surviving spouse and children have sufficient funds to live on.
To get life insurance "by telephone or on line" the following sources can be considered:
InsuranceQuote Services
800-972-1104
www.iquote.com
MasterQuote
800-337-5433
www.masterquote.com
QuickQuote
800-867-2404
www.quickquote.com
Quotesmith.com
800-556-9393
www.insure.com
TermQuote
800-444-8376
www.termquote.com
Information provided by:
Ann O'Flanagan located at
http://www.divorcesource.com/NJ/oflanagan.html
Experts believe that a surviving spouse with children needs at least $100,000.00 worth of insurance for every $500.00 of pre-tax income. If you require $3,000.00 a month ($36,000.00 per year) to cover your expenses, your spouse should have $600,000.00 of life insurance. ($3,000.00/500.00 = 6; 6 x 100,000.00 = $600,000.00) of insurance to meet your bills. The surviving souse would invest the $600,000.00 at a conservative interest rate of 6 % which would generate $36,000.00 a year in interest before taxes. Because the surviving spouse and children would be living off the interest, rather than the principal. the income would last forever.
Many people feel that $50.000.00 worth of insurance, that's commonly part of, an employee benefit's package. is enough. It is not.
Therefore, at the time of divorce, it is imperative that additional insurance be obtained so that, in the event that your spouse dies, and alimony and child support ceases, the surviving spouse and children have sufficient funds to live on.
To get life insurance "by telephone or on line" the following sources can be considered:
InsuranceQuote Services
800-972-1104
www.iquote.com
MasterQuote
800-337-5433
www.masterquote.com
QuickQuote
800-867-2404
www.quickquote.com
Quotesmith.com
800-556-9393
www.insure.com
TermQuote
800-444-8376
www.termquote.com
Information provided by:
Ann O'Flanagan located at
http://www.divorcesource.com/NJ/oflanagan.html
Health Insurance and Divorce
(provided by Theodore Sliwinski, Esq.)
1. How will my divorce impact my health insurance benefits?
A divorce causes major issues with health insurance benefits. Many families have an employer provided and/or paid for health insurance benefits that cover health insurance for the entire family. After a divorce, the spouse with the family health insurance coverage can no longer cover the other dependent spouse. They are no longer "family" members who can take advantage of the employer-based health insurance policy. There is no way around this unfortunate reality. If a couple gets divorced, then the dependent spouse will lose his or her health insurance coverage. If both parties do not have adequate health insurance benefits available, and if the cost of obtaining COBRA benefits or an alternative health insurance policy is too costly, then there is one way to continue benefits without additional cost. That way is to enter into a separation agreement, but to delay filing for divorce. That way, the parties actually do remain married and they can stay on the same health insurance plan even though they are separated. The parties can consent to waiting for one, two or more years before either spouse files for a divorce. While the parties will remain married, their property, custody, and support issues will be addressed in their separation agreement. Under some circumstances, this is an optimal resolution. Another option for divorcing couples is for the dependent spouse to obtain COBRA coverage. COBRA is a federal law which mandates that a person covered under a health insurance policy be given the right to continue that coverage, at their own cost, for a set time period if certain requirements exist. For example, if you obtain a divorce and if your spouse had family health insurance coverage through his employer, then the employer would have to provide COBRA coverage for you after the divorce. That COBRA coverage would require that you have the same health insurance policy, although your coverage would now be individual and not family. You would have to pay the employer's cost for that individual policy.
2. What are the different types of medical insurance available?
a. Employer-provided medical insurance - The best source for medical insurance today is your employer-provided plan because its cost is most likely subsidized by your employer. These medical plans are generally one of four types: indemnity plans, service provider plans, preferred provider plans or health maintenance organizations.
b. Individual medical insurance - Medical insurance policies are available directly from insurance companies for individuals. The advantage of this type of policy is that you may shop for the type of benefits you want. The disadvantage is you have to pay the whole cost of the policy premiums.
c. Medicare - Medicare provides mandatory basic hospitalization benefits for all U.S. citizens over the age of 65 under Part A coverage. Part B coverage is a voluntary program that provides coverage for doctor bills at a monthly cost to you. Medicare typically covers only half of the average senior citizen's health care bills. You can supplement it with Medigap insurance.
3. What is COBRA coverage?
COBRA is the federal law that entitles you to continued coverage in an employer's group health plan, even if you've become ineligible to participate because of job loss or divorce. If you were covered under your spouse's employer-sponsored health plan policy prior to your divorce or legal separation, then you should still be entitled to continued coverage under COBRA. However, the employer who sponsors the health plan no longer has to pay the premiums for this coverage. A divorced spouse must pay his or her own premiums to pay for COBRA.
The main advantage of applying for COBRA benefits is that it enables a divorced spouse to maintain his or her health insurance policy that their former spouse used to provide. If an employer-based health plan has good coverage then it may be advantageous to continue coverage on the policy. COBRA coverage lasts for 36 months. After the 36-month period expires, then the divorced spouse must obtain their own health insurance benefits. In some narrow circumstances, COBRA can be extended for an additional 18 months.
4. What are my health insurance options available after I am divorced?
There are many things to consider during divorce, and maintaining your health insurance coverage should be a priority. When a marriage ends, there are normally four good options that a divorced spouse can pursue to maintain health insurance coverage:
a. Continue the coverage offered through your ex-spouse's policy: The most common option is to apply for COBRA benefits. The Consolidated Omnibus Budget Reconciliation Act (COBRA) is a federal mandated law that was designed to protect employees and their families from losing coverage as a direct result of divorce, death, job loss and other life circumstances. It really is a stopgap though because most people simply can't afford them! COBRA is very expensive. If your spouse maintains health insurance coverage through the company, and the company employs at least twenty (20) people, than you may continue your health insurance coverage for up to three years. However, the divorced spouse must pay for all of the premiums. Once you remarry or obtain coverage of your own, under another policy, the COBRA law will then terminate.
b. Get coverage through your current employer: Another option for a divorced spouse is to obtain their own health insurance through their own employer. If you are working and if your employer offers an affordable health then it is highly advisable to assess and compare the cost of COBRA versus the costs of participating in your employer's own health insurance plan.
c. Ask for health insurance coverage as part of the settlement: This may or may not work but it is definitely worth discussing with your lawyer. Many divorced wives focus solely on the amount and the length of their alimony payments. This can be short sighted. I always try to obtain a settlement wherein the ex-husband is legally responsible for paying for his divorced wife's COBRA payments. Alternatively, I try to obtain a settlement wherein the ex-husband is legally responsible for paying for any costs to obtain a new health insurance policy his ex-wife.
The typical monthly cost for COBRA is about $650 to $750 per month. This fee is extremely high and it is quite a shock for most newly divorced wives. Therefore, it is always advisable to try to convince a court to require that a divorced husband must pay for the COBRA costs for the dependent spouse. In my opinion one of the most important parts of any divorce case is to insist that a divorced spouse must have her health insurance continued. In my assessment the continuation of maintaining health insurance is as equally as important as the amount and length of any alimony award.
d. Purchase an individual health benefits plan: In some or most cases, this may be your only or best option. Once again, you will have to pay the monthly fee on your own but you will be surprised as to what is available for the uninsured, ongoing medical condition person, and the under-insured.
There are various plans to choose from even though many want you to still believe there are only two options. Plans that place constraints on access to a hospital and physicians for a lower price and medical plans that offer ready access to hospitals and physicians for a higher price. However, with the healthcare crisis comes another healthcare option and it is called "consumer driven healthcare." One benefit of the consumer driven healthcare alternative is that it puts the relationship back where it needs to be - into the hands of the patient and the physician. There are tons of other benefits though, if you and your children are fairly healthy people and are not in and out of the hospital every week or month for example. The additional benefits can range anywhere from no deductibles, co-pays and waiting periods to being able to have ongoing conditions covered and being able to have all services under one umbrella per say like your ancillary, dental, prescription, vision etc.
A divorced spouse should know exactly how much it will cost him or her to obtain health insurance under a private health plan. This information should be disclosed to the court. The court will take into consideration the costs to obtain monthly health insurance when it determines the amount of spousal support.
5. Is there any time limit for a divorced spouse to apply for COBRA benefits?
Your spouse's employer is required to provide COBRA coverage for you, but only if you notify the health plan administrator within 60 days of becoming divorced. If you don't give the administrator proper notice, then you will not be eligible for COBRA coverage.
6. Can my husband still keep me on his employer's group health insurance plan after we are divorced?
No. Even if your spouse will be providing health insurance for the children, he or she cannot provide coverage for you through the employer's group plan, because you're no longer a member of his or her family. If your spouse has been providing coverage for you, and if your spouse's employer has more than 20 employees, you'll want to explore coverage under COBRA. COBRA is available for 36 months after divorce, and the coverage is equivalent to the coverage available to your spouse. Under certain narrow circumstances, a divorced spouse can apply to have COBRA continued for an additional 18 months.
7. What are the major problems with COBRA?
There are two problems with obtaining COBRA insurance coverage. The first is the cost of the coverage. COBRA coverage is considerably more expensive than the coverage available from most employers, because you'll have to pay 102% of the premium. The average price for the monthly COBRA premium ranges from $650 to $750 per month.
The second problem is the risk of becoming uninsurable. COBRA coverage will end by its own terms within 36 months after your divorce is effective. What happens if you're stricken with heart disease or cancer during that 36 months? You would then face the unpleasant prospect of searching for new medical insurance at the end of the 36 months with a most unappealing medical history.
8. Is there any possible way wherein I can "beat the system" and get divorced, but still stay on my ex-husband's health insurance policy?
The only possible way for a divorced spouse to remain on their husband's health insurance policy is to obtain a legal separation, or a divorce from bed and board. There really is no formal proceeding to have a legal separation in New Jersey. There is an outdated legal proceeding called a divorce from bed and board that is similar to a legal separation. Basically, a divorce from bed and board is a legal proceeding that is not really a divorce, but it is more than a legal separation. A divorce from bed and board is also called a limited divorce. Basically, a divorce from bed and board was very popular in the 50's and 60's. Many people believed that getting a divorce was a mortal sin, and that they would go straight to hell. These kinds of beliefs were especially prevalent for people of the Catholic faith.
To address these concerns the courts developed a legal proceeding called a divorce from bed and board. In this type of legal proceeding, the parties are economically divorced, but they are still legally married. The parties will receive a judgment that equitably distributes their assets, support awards will be issued, and any marital debts will be apportioned. A limited divorce has all of the same attributes of an absolute divorce except the parties can't remarry.
The benefits of having a divorce from bed and board are that a dependent spouse can still receive health insurance benefits from the other spouse's health plan because there is not a complete divorce. In my experience, retaining the health benefits are the primary reason why a couple may choose to pursue a divorce from bed and board. In many cases, it is impossible for a divorced wife to obtain affordable health insurance benefits after a divorce. Therefore, if a wife has a health condition, then it is imperative that she is able to maintain adequate health insurance. In my assessment, if there is a long term marriage, then a divorce from bed and board can enable a wife to retain her health insurance coverage. If a spouse is still able to stay on the health insurance after a separation, then this can assist the family from paying oppressive COBRA payments, or from paying for a new highly priced health insurance policy.
In summary, a divorce from bed and board is a legal proceeding that is essentially half way between a legal separation and a full divorce. This type of legal proceeding should only be pursued if the parties are still acting civil to each other. Moreover, this type of legal proceeding is really only applicable to a very long term marriage, wherein no person has any intentions to remarry.
The drawbacks of a divorce from bed and board are that the parties are still technically married. Neither spouse can remarry if there is only a divorce from bed and board. Therefore, it may be impossible for the spouses to date other people. Even though the spouses are economically divorced, they still are technically married to each other. It is no fun to date a married person no matter how you look at! Moreover, many spouses still may attempt to exert control over the other spouse because they are still technically married.
Finally, if a divorce from bed board is obtained, then either spouse is permitted to file an application with the court to convert it to an absolute divorce. An absolute divorce is a full divorce and both parties are free to remarry. Unfortunately, if an absolute divorce is entered, then the dependent spouse will then lose his or her health benefits. Once the family unit is officially terminated, then any employer-based health plan is no longer legally obligated to provide coverage to a dependent spouse. If there is only a divorce from bed and board this is an ideal maneuver to avoid this potential catastrophe.
In summary, understanding the full range of complexities of a divorce from bed and board can be very complicated. It may take several meetings with an experienced lawyer to fully understand the pros and cons that a limited divorce has to offer. However, if a dependent spouse suffers from a severe medical condition(s), and if maintaining health insurance is a "life or death" issue, then it is worth serious consideration.
Information provided by:
Theodore Sliwinski, Esq. located at
http://www.divorcecenterofnj.com
1. How will my divorce impact my health insurance benefits?
A divorce causes major issues with health insurance benefits. Many families have an employer provided and/or paid for health insurance benefits that cover health insurance for the entire family. After a divorce, the spouse with the family health insurance coverage can no longer cover the other dependent spouse. They are no longer "family" members who can take advantage of the employer-based health insurance policy. There is no way around this unfortunate reality. If a couple gets divorced, then the dependent spouse will lose his or her health insurance coverage. If both parties do not have adequate health insurance benefits available, and if the cost of obtaining COBRA benefits or an alternative health insurance policy is too costly, then there is one way to continue benefits without additional cost. That way is to enter into a separation agreement, but to delay filing for divorce. That way, the parties actually do remain married and they can stay on the same health insurance plan even though they are separated. The parties can consent to waiting for one, two or more years before either spouse files for a divorce. While the parties will remain married, their property, custody, and support issues will be addressed in their separation agreement. Under some circumstances, this is an optimal resolution. Another option for divorcing couples is for the dependent spouse to obtain COBRA coverage. COBRA is a federal law which mandates that a person covered under a health insurance policy be given the right to continue that coverage, at their own cost, for a set time period if certain requirements exist. For example, if you obtain a divorce and if your spouse had family health insurance coverage through his employer, then the employer would have to provide COBRA coverage for you after the divorce. That COBRA coverage would require that you have the same health insurance policy, although your coverage would now be individual and not family. You would have to pay the employer's cost for that individual policy.
2. What are the different types of medical insurance available?
a. Employer-provided medical insurance - The best source for medical insurance today is your employer-provided plan because its cost is most likely subsidized by your employer. These medical plans are generally one of four types: indemnity plans, service provider plans, preferred provider plans or health maintenance organizations.
b. Individual medical insurance - Medical insurance policies are available directly from insurance companies for individuals. The advantage of this type of policy is that you may shop for the type of benefits you want. The disadvantage is you have to pay the whole cost of the policy premiums.
c. Medicare - Medicare provides mandatory basic hospitalization benefits for all U.S. citizens over the age of 65 under Part A coverage. Part B coverage is a voluntary program that provides coverage for doctor bills at a monthly cost to you. Medicare typically covers only half of the average senior citizen's health care bills. You can supplement it with Medigap insurance.
3. What is COBRA coverage?
COBRA is the federal law that entitles you to continued coverage in an employer's group health plan, even if you've become ineligible to participate because of job loss or divorce. If you were covered under your spouse's employer-sponsored health plan policy prior to your divorce or legal separation, then you should still be entitled to continued coverage under COBRA. However, the employer who sponsors the health plan no longer has to pay the premiums for this coverage. A divorced spouse must pay his or her own premiums to pay for COBRA.
The main advantage of applying for COBRA benefits is that it enables a divorced spouse to maintain his or her health insurance policy that their former spouse used to provide. If an employer-based health plan has good coverage then it may be advantageous to continue coverage on the policy. COBRA coverage lasts for 36 months. After the 36-month period expires, then the divorced spouse must obtain their own health insurance benefits. In some narrow circumstances, COBRA can be extended for an additional 18 months.
4. What are my health insurance options available after I am divorced?
There are many things to consider during divorce, and maintaining your health insurance coverage should be a priority. When a marriage ends, there are normally four good options that a divorced spouse can pursue to maintain health insurance coverage:
a. Continue the coverage offered through your ex-spouse's policy: The most common option is to apply for COBRA benefits. The Consolidated Omnibus Budget Reconciliation Act (COBRA) is a federal mandated law that was designed to protect employees and their families from losing coverage as a direct result of divorce, death, job loss and other life circumstances. It really is a stopgap though because most people simply can't afford them! COBRA is very expensive. If your spouse maintains health insurance coverage through the company, and the company employs at least twenty (20) people, than you may continue your health insurance coverage for up to three years. However, the divorced spouse must pay for all of the premiums. Once you remarry or obtain coverage of your own, under another policy, the COBRA law will then terminate.
b. Get coverage through your current employer: Another option for a divorced spouse is to obtain their own health insurance through their own employer. If you are working and if your employer offers an affordable health then it is highly advisable to assess and compare the cost of COBRA versus the costs of participating in your employer's own health insurance plan.
c. Ask for health insurance coverage as part of the settlement: This may or may not work but it is definitely worth discussing with your lawyer. Many divorced wives focus solely on the amount and the length of their alimony payments. This can be short sighted. I always try to obtain a settlement wherein the ex-husband is legally responsible for paying for his divorced wife's COBRA payments. Alternatively, I try to obtain a settlement wherein the ex-husband is legally responsible for paying for any costs to obtain a new health insurance policy his ex-wife.
The typical monthly cost for COBRA is about $650 to $750 per month. This fee is extremely high and it is quite a shock for most newly divorced wives. Therefore, it is always advisable to try to convince a court to require that a divorced husband must pay for the COBRA costs for the dependent spouse. In my opinion one of the most important parts of any divorce case is to insist that a divorced spouse must have her health insurance continued. In my assessment the continuation of maintaining health insurance is as equally as important as the amount and length of any alimony award.
d. Purchase an individual health benefits plan: In some or most cases, this may be your only or best option. Once again, you will have to pay the monthly fee on your own but you will be surprised as to what is available for the uninsured, ongoing medical condition person, and the under-insured.
There are various plans to choose from even though many want you to still believe there are only two options. Plans that place constraints on access to a hospital and physicians for a lower price and medical plans that offer ready access to hospitals and physicians for a higher price. However, with the healthcare crisis comes another healthcare option and it is called "consumer driven healthcare." One benefit of the consumer driven healthcare alternative is that it puts the relationship back where it needs to be - into the hands of the patient and the physician. There are tons of other benefits though, if you and your children are fairly healthy people and are not in and out of the hospital every week or month for example. The additional benefits can range anywhere from no deductibles, co-pays and waiting periods to being able to have ongoing conditions covered and being able to have all services under one umbrella per say like your ancillary, dental, prescription, vision etc.
A divorced spouse should know exactly how much it will cost him or her to obtain health insurance under a private health plan. This information should be disclosed to the court. The court will take into consideration the costs to obtain monthly health insurance when it determines the amount of spousal support.
5. Is there any time limit for a divorced spouse to apply for COBRA benefits?
Your spouse's employer is required to provide COBRA coverage for you, but only if you notify the health plan administrator within 60 days of becoming divorced. If you don't give the administrator proper notice, then you will not be eligible for COBRA coverage.
6. Can my husband still keep me on his employer's group health insurance plan after we are divorced?
No. Even if your spouse will be providing health insurance for the children, he or she cannot provide coverage for you through the employer's group plan, because you're no longer a member of his or her family. If your spouse has been providing coverage for you, and if your spouse's employer has more than 20 employees, you'll want to explore coverage under COBRA. COBRA is available for 36 months after divorce, and the coverage is equivalent to the coverage available to your spouse. Under certain narrow circumstances, a divorced spouse can apply to have COBRA continued for an additional 18 months.
7. What are the major problems with COBRA?
There are two problems with obtaining COBRA insurance coverage. The first is the cost of the coverage. COBRA coverage is considerably more expensive than the coverage available from most employers, because you'll have to pay 102% of the premium. The average price for the monthly COBRA premium ranges from $650 to $750 per month.
The second problem is the risk of becoming uninsurable. COBRA coverage will end by its own terms within 36 months after your divorce is effective. What happens if you're stricken with heart disease or cancer during that 36 months? You would then face the unpleasant prospect of searching for new medical insurance at the end of the 36 months with a most unappealing medical history.
8. Is there any possible way wherein I can "beat the system" and get divorced, but still stay on my ex-husband's health insurance policy?
The only possible way for a divorced spouse to remain on their husband's health insurance policy is to obtain a legal separation, or a divorce from bed and board. There really is no formal proceeding to have a legal separation in New Jersey. There is an outdated legal proceeding called a divorce from bed and board that is similar to a legal separation. Basically, a divorce from bed and board is a legal proceeding that is not really a divorce, but it is more than a legal separation. A divorce from bed and board is also called a limited divorce. Basically, a divorce from bed and board was very popular in the 50's and 60's. Many people believed that getting a divorce was a mortal sin, and that they would go straight to hell. These kinds of beliefs were especially prevalent for people of the Catholic faith.
To address these concerns the courts developed a legal proceeding called a divorce from bed and board. In this type of legal proceeding, the parties are economically divorced, but they are still legally married. The parties will receive a judgment that equitably distributes their assets, support awards will be issued, and any marital debts will be apportioned. A limited divorce has all of the same attributes of an absolute divorce except the parties can't remarry.
The benefits of having a divorce from bed and board are that a dependent spouse can still receive health insurance benefits from the other spouse's health plan because there is not a complete divorce. In my experience, retaining the health benefits are the primary reason why a couple may choose to pursue a divorce from bed and board. In many cases, it is impossible for a divorced wife to obtain affordable health insurance benefits after a divorce. Therefore, if a wife has a health condition, then it is imperative that she is able to maintain adequate health insurance. In my assessment, if there is a long term marriage, then a divorce from bed and board can enable a wife to retain her health insurance coverage. If a spouse is still able to stay on the health insurance after a separation, then this can assist the family from paying oppressive COBRA payments, or from paying for a new highly priced health insurance policy.
In summary, a divorce from bed and board is a legal proceeding that is essentially half way between a legal separation and a full divorce. This type of legal proceeding should only be pursued if the parties are still acting civil to each other. Moreover, this type of legal proceeding is really only applicable to a very long term marriage, wherein no person has any intentions to remarry.
The drawbacks of a divorce from bed and board are that the parties are still technically married. Neither spouse can remarry if there is only a divorce from bed and board. Therefore, it may be impossible for the spouses to date other people. Even though the spouses are economically divorced, they still are technically married to each other. It is no fun to date a married person no matter how you look at! Moreover, many spouses still may attempt to exert control over the other spouse because they are still technically married.
Finally, if a divorce from bed board is obtained, then either spouse is permitted to file an application with the court to convert it to an absolute divorce. An absolute divorce is a full divorce and both parties are free to remarry. Unfortunately, if an absolute divorce is entered, then the dependent spouse will then lose his or her health benefits. Once the family unit is officially terminated, then any employer-based health plan is no longer legally obligated to provide coverage to a dependent spouse. If there is only a divorce from bed and board this is an ideal maneuver to avoid this potential catastrophe.
In summary, understanding the full range of complexities of a divorce from bed and board can be very complicated. It may take several meetings with an experienced lawyer to fully understand the pros and cons that a limited divorce has to offer. However, if a dependent spouse suffers from a severe medical condition(s), and if maintaining health insurance is a "life or death" issue, then it is worth serious consideration.
Information provided by:
Theodore Sliwinski, Esq. located at
http://www.divorcecenterofnj.com
Arizona Paternity Questions & Answers
(provided by R. J. Peters & Assoc., P.C.)
Paternity is the court process to establish the fatherhood of a child and both parents¹ rights and responsibilities with regard to children born outside of marriage. Both parents of a child owe an obligation of support for a child. If the father of a child refuses to acknowledge that he is the father of the child, a mother can file an action for Paternity to establish that he is, in fact, the father of the child.
How is Paternity Established?
Generally, paternity is either admitted or established through the use of blood tests. With modern DNA testing, paternity can be established to a near certainty. Arizona courts recognize DNA testing to establish paternity.
What if parentage is denied by the father or mother?
A father who denies that he is the parent can be compelled to submit to a blood test. A mother who denies that a man is the father of her child, can also be compelled to submit to a blood test to establish parentage.
What is the effect of establishing Paternity?
Once the issue of parentage is proven, the father can then be ordered to provide for past and future support of the child (including medical coverage and child birth expenses); however, the father can then also gain his rights of custody and visitation, in accordance with the best interests of the child.
Other than parentage, what else is established in a Paternity action?
Every Paternity action is different, but they generally all include similar issues: whether an individual is in fact the father of the child, the custody and visitation needs of the respective parents, past and future support and medical expenses regarding the child.
Information provided by:
R. J. Peters & Assoc., P.C. located at
Paternity is the court process to establish the fatherhood of a child and both parents¹ rights and responsibilities with regard to children born outside of marriage. Both parents of a child owe an obligation of support for a child. If the father of a child refuses to acknowledge that he is the father of the child, a mother can file an action for Paternity to establish that he is, in fact, the father of the child.
How is Paternity Established?
Generally, paternity is either admitted or established through the use of blood tests. With modern DNA testing, paternity can be established to a near certainty. Arizona courts recognize DNA testing to establish paternity.
What if parentage is denied by the father or mother?
A father who denies that he is the parent can be compelled to submit to a blood test. A mother who denies that a man is the father of her child, can also be compelled to submit to a blood test to establish parentage.
What is the effect of establishing Paternity?
Once the issue of parentage is proven, the father can then be ordered to provide for past and future support of the child (including medical coverage and child birth expenses); however, the father can then also gain his rights of custody and visitation, in accordance with the best interests of the child.
Other than parentage, what else is established in a Paternity action?
Every Paternity action is different, but they generally all include similar issues: whether an individual is in fact the father of the child, the custody and visitation needs of the respective parents, past and future support and medical expenses regarding the child.
Information provided by:
R. J. Peters & Assoc., P.C. located at
What is Expedited Services and How Can It Help Me with My Family Law Case?
What is Expedited Services and How Can It Help Me with My Family Law Case?
(provided by Trent Wilcox, Esq.)
Questions and answers to commonly asked questions about the Maricopa County Superior Court's Expedited Services Department.
What is Expedited Services?
Expedited Services is a department of the Family Support Services for Maricopa County that helps parties and judges find solutions to child support issues, including enforcement and calculations. Expedited Services also deals with spousal maintenance enforcement and visitation issues, often without the long waiting period associated with getting a hearing date with a judge.
Why was Expedited Services formed?
Expedited Services was formed in 1988 after the Arizona legislature established procedures to implement an expedited process for the enforcement of court orders for child support, spousal maintenance and parenting time (visitation), in 1987.
How can I use Expedited Services?
Expedited Services can be useful in helping parties reach agreements and to get Orders signed by a judge much faster than if the parties had to wait to get a Court date. Parties are initially referred to Expedited Services by the assigned judge on the case or a party may file a Petition for the Enforcement of Child Support/Spousal Maintenance or an Expedited Process Request to Enforce Parenting Time. Once the Court issues an Order for child support enforcement, Expedited Services monitors the case, allowing the parties to request a Conference for the Enforcement of Child Support. To enforce Child Support or Spousal Maintenance, there must be a current Maricopa Order and the unpaid support must equal at least one month of the support ordered. Additionally, the parting owing the money must be available to be served.
What do I need to bring with me to the Expedited Services Conference?
For a Conference involving child support, Expedited Services requires that parties bring their most current pay stubs, W-2, W-4 and income tax forms for the past two years, proof of court-ordered support for any other children, proof of costs of supporting natural or adopted children for whom there is no court order, proof that court-ordered spousal maintenance is being paid, proof of paying the medical insurance premium for the children related to the case and proof of any necessary extra education, child care, and extraordinary expenses paid for the children in the case. Also bring your children's social security numbers and dates of birth. (Expedited Services provides a list of the information needed when you receive the date for your Conference).
Do I need an attorney for the Expedited Services Conference?
This decision is up to each individual and the complications in your unique circumstance. Expedited Services allows attorney involvement in the process but not every party brings their attorney, even if they are represented. If you are frightened of the other party, feel you may be pressured by the other party, are worried about being clear in your answers, or are unsure of your understanding of the process, having an attorney present may be to your benefit. If you work well with the other party and already have reached an agreement but simply need to make the agreement an Order, you may not need an attorney. This is an individual decision and since each case is different, there is no easy answer to whether you should have an attorney for Expedited Services.
Why do I have to submit all of my documents, especially since I am the one who should receive child support and I have done nothing wrong?
Expedited Services uses the information provided to calculate child support pursuant to Arizona law when making its recommendation to the Judge. Moreover, since the other party is likely to contest the amounts owed or even whether any amounts are owed, you must prove your assertions.
How is child support calculated in Arizona?
In Arizona, child support follows the Income Shares Model. This model was developed by the Child Support Guidelines Project of the National Center for State Courts. Basically, to calculate child support, Arizona estimates the amount that would have been spent on the child(ren) if the parents and child(ren) continued living together. This amount is based on each party's gross income and the number of children in common. From this amount, medical insurance premiums, day care expenses, support of other children, extraordinary costs and extra education costs are added. Then the non-custodial parent receives a reduction for the amount of visitation days they have with the child(ren). The calculator then tells what amount each parent should contribute for their proportionate share of the total child support amount.
To review the Child Support calculator and see what your child support might be, you can go to: www.supreme.state.az.us/dr/childsup/drguide.
What if I can no longer pay the court-ordered amount for child support?
Either party may file to modify the child support if the new child support will change up or down at least fifteen percent (15%) from the current amount.
If the parties have reached an agreement for child support, should we still attend the Expedited Services Conference?
If you have reached an agreement, you can have the agreement entered as a Stipulated Order or can attend the Expedited Services Conference. If you choose to attend the conference, the Conference Officer will calculate what the child support should be according to the Arizona Guidelines. In its Report, Recommendation and Order, Expedited Services will inform the judge of your agreement and of the child support amount according to the Guidelines. The judge then has the final decision whether your agreement is fair to the children or if the Guideline amount should be ordered.
Who makes the decisions at an expedited Services Conference?
The conferences are run by Conference Officers who are neutral, impartial county employees who have training in Child Support and Parenting Time.
What happens during an Expedited Services Conference?
The Conference Officers work with the parties to help them reach agreements on the issues. The Conference Officer also gathers information that may be useful if the parties are unable to reach an agreement. The Conference Officer may perform calculations and include them in his/her Report, Recommendation, and Order that will go to the judge.
What happens after the Conference?
Following the conference, the Conference Officer submits a Report, Recommendation and Order to the judge. If the parties reached an agreement, the Conference Officer will give that information to the judge. If the parties were unable to reach an agreement, the Conference Officer will give recommendations to the judge. The judge will then review the Report, Recommendation and Order and will either approve the recommendation or modify it. The Court will then issue an order informing the parties what was ordered.
What if I do not like the outcome of the Expedited Services Conference?
Once the Conference Officer files the Report, Recommendation and Order the parties have twenty-five (25) days to file an Objection to the Report, Recommendation and Order. If an Objection is filed, the assigned judge will review the Report and Objection and decide if a formal court hearing before the judge is necessary to resolve the issue.
All the information in this article may be changed at any time as updates by the Arizona legislature and new programs are implemented at Expedited Services.
Disclaimer: Wilcox & Wilcox, P.C. and its principles, agents or representatives, make no guarantees or representations as to the accuracy or currency of any information herein contained. Providing this information does not establish an attorney-client relationship. To create such relationship, both the attorney and potential client must sign a written fee agreement. This information is meant only as general information, may not apply to your case specifically and is not meant to be relied upon for purposes of taking legal action. You should contact an attorney in person for further and specific information. Wilcox & Wilcox, P.C. makes no guarantees nor representations as to the accuracy of the Arizona Supreme Court's child support calculator. Our family law attorneys are licensed in Arizona only.
Information provided by:
Trent Wilcox, Esq.
(provided by Trent Wilcox, Esq.)
Questions and answers to commonly asked questions about the Maricopa County Superior Court's Expedited Services Department.
What is Expedited Services?
Expedited Services is a department of the Family Support Services for Maricopa County that helps parties and judges find solutions to child support issues, including enforcement and calculations. Expedited Services also deals with spousal maintenance enforcement and visitation issues, often without the long waiting period associated with getting a hearing date with a judge.
Why was Expedited Services formed?
Expedited Services was formed in 1988 after the Arizona legislature established procedures to implement an expedited process for the enforcement of court orders for child support, spousal maintenance and parenting time (visitation), in 1987.
How can I use Expedited Services?
Expedited Services can be useful in helping parties reach agreements and to get Orders signed by a judge much faster than if the parties had to wait to get a Court date. Parties are initially referred to Expedited Services by the assigned judge on the case or a party may file a Petition for the Enforcement of Child Support/Spousal Maintenance or an Expedited Process Request to Enforce Parenting Time. Once the Court issues an Order for child support enforcement, Expedited Services monitors the case, allowing the parties to request a Conference for the Enforcement of Child Support. To enforce Child Support or Spousal Maintenance, there must be a current Maricopa Order and the unpaid support must equal at least one month of the support ordered. Additionally, the parting owing the money must be available to be served.
What do I need to bring with me to the Expedited Services Conference?
For a Conference involving child support, Expedited Services requires that parties bring their most current pay stubs, W-2, W-4 and income tax forms for the past two years, proof of court-ordered support for any other children, proof of costs of supporting natural or adopted children for whom there is no court order, proof that court-ordered spousal maintenance is being paid, proof of paying the medical insurance premium for the children related to the case and proof of any necessary extra education, child care, and extraordinary expenses paid for the children in the case. Also bring your children's social security numbers and dates of birth. (Expedited Services provides a list of the information needed when you receive the date for your Conference).
Do I need an attorney for the Expedited Services Conference?
This decision is up to each individual and the complications in your unique circumstance. Expedited Services allows attorney involvement in the process but not every party brings their attorney, even if they are represented. If you are frightened of the other party, feel you may be pressured by the other party, are worried about being clear in your answers, or are unsure of your understanding of the process, having an attorney present may be to your benefit. If you work well with the other party and already have reached an agreement but simply need to make the agreement an Order, you may not need an attorney. This is an individual decision and since each case is different, there is no easy answer to whether you should have an attorney for Expedited Services.
Why do I have to submit all of my documents, especially since I am the one who should receive child support and I have done nothing wrong?
Expedited Services uses the information provided to calculate child support pursuant to Arizona law when making its recommendation to the Judge. Moreover, since the other party is likely to contest the amounts owed or even whether any amounts are owed, you must prove your assertions.
How is child support calculated in Arizona?
In Arizona, child support follows the Income Shares Model. This model was developed by the Child Support Guidelines Project of the National Center for State Courts. Basically, to calculate child support, Arizona estimates the amount that would have been spent on the child(ren) if the parents and child(ren) continued living together. This amount is based on each party's gross income and the number of children in common. From this amount, medical insurance premiums, day care expenses, support of other children, extraordinary costs and extra education costs are added. Then the non-custodial parent receives a reduction for the amount of visitation days they have with the child(ren). The calculator then tells what amount each parent should contribute for their proportionate share of the total child support amount.
To review the Child Support calculator and see what your child support might be, you can go to: www.supreme.state.az.us/dr/childsup/drguide.
What if I can no longer pay the court-ordered amount for child support?
Either party may file to modify the child support if the new child support will change up or down at least fifteen percent (15%) from the current amount.
If the parties have reached an agreement for child support, should we still attend the Expedited Services Conference?
If you have reached an agreement, you can have the agreement entered as a Stipulated Order or can attend the Expedited Services Conference. If you choose to attend the conference, the Conference Officer will calculate what the child support should be according to the Arizona Guidelines. In its Report, Recommendation and Order, Expedited Services will inform the judge of your agreement and of the child support amount according to the Guidelines. The judge then has the final decision whether your agreement is fair to the children or if the Guideline amount should be ordered.
Who makes the decisions at an expedited Services Conference?
The conferences are run by Conference Officers who are neutral, impartial county employees who have training in Child Support and Parenting Time.
What happens during an Expedited Services Conference?
The Conference Officers work with the parties to help them reach agreements on the issues. The Conference Officer also gathers information that may be useful if the parties are unable to reach an agreement. The Conference Officer may perform calculations and include them in his/her Report, Recommendation, and Order that will go to the judge.
What happens after the Conference?
Following the conference, the Conference Officer submits a Report, Recommendation and Order to the judge. If the parties reached an agreement, the Conference Officer will give that information to the judge. If the parties were unable to reach an agreement, the Conference Officer will give recommendations to the judge. The judge will then review the Report, Recommendation and Order and will either approve the recommendation or modify it. The Court will then issue an order informing the parties what was ordered.
What if I do not like the outcome of the Expedited Services Conference?
Once the Conference Officer files the Report, Recommendation and Order the parties have twenty-five (25) days to file an Objection to the Report, Recommendation and Order. If an Objection is filed, the assigned judge will review the Report and Objection and decide if a formal court hearing before the judge is necessary to resolve the issue.
All the information in this article may be changed at any time as updates by the Arizona legislature and new programs are implemented at Expedited Services.
Disclaimer: Wilcox & Wilcox, P.C. and its principles, agents or representatives, make no guarantees or representations as to the accuracy or currency of any information herein contained. Providing this information does not establish an attorney-client relationship. To create such relationship, both the attorney and potential client must sign a written fee agreement. This information is meant only as general information, may not apply to your case specifically and is not meant to be relied upon for purposes of taking legal action. You should contact an attorney in person for further and specific information. Wilcox & Wilcox, P.C. makes no guarantees nor representations as to the accuracy of the Arizona Supreme Court's child support calculator. Our family law attorneys are licensed in Arizona only.
Information provided by:
Trent Wilcox, Esq.
Sunday, January 18, 2009
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