How to Get Copy of a Divorce Decree

27 June 2019

A divorce decree is a document which is the most authentic proof of the fact that a couple that was previously married is now divorced. Therefore, the couple must be mindful of keeping it safely post their divorce. Most divorce lawyers in Delhi would also advise their client to continue to have possession of the divorce decree even years after their divorce since it is not always possible to foresee the purposes for which that divorce decree might be needed in future.

This blog shall aim to stress the importance of a divorce decree and acquaint our readers with the importance of keeping a divorce decree safe, even years after the divorce has been finalized.

The reason why a divorce decree is so important is that it bears the official seal and stamp of the court’s officer or the court clerk.

The decree duly delivered by a judicial magistrate is likely to contain, apart from the fact that the couple is divorced, also details pertaining to custody, alimony, visitation, maintenance, division of assets and liabilities, etc.

Why a Divorce Decree is Important?

Suppose that a divorced person wants to remarry. Before issuing him a marriage registration certificate, the first thing that the marriage registrar is going to ask for is a divorce decree relating to the previous marriage because, barring Mohammedan law, the personal laws of almost all other religions prohibit bigamy and polygamy.

Another instance where a party may require a copy of a divorce decree is to ascertain their rights before the court if the other party/spouse defaults in performing his duties under the divorce decree. For instance, if the other spouse, denies the first spouse visitation rights to the child, or the other spouse defaults in payment of monthly maintenance or alimony to the first spouse, then, to be able to enforce these rights before a court of law, the aggrieved spouse shall definitely need a certified and true copy of the divorce decree. The divorce decree shall act as conclusive proof of the rights to which the aggrieved spouse is entitled to and therefore cannot be rebutted by any other evidence in a court law. The court will then, on seeing a copy of the divorce decree, prima facie hold the defaulting party in contempt of court.

How can you get your Divorce Decree Made?

For all the above-mentioned purposes, possession of a divorce decree is incumbent. If the person fails to possess one, he or she must apply to the court for obtaining a certified copy of the same.

As a first step, what the party can do is to approach his or her lawyer, which he or she had hired for their divorce case. Lawyers usually maintain a record of documents of all their cases until a reasonable amount of time. This, they do because even they realize the importance of legal documents and in order to render to their client an enhanced service, they prefer keeping a file wise record of all the essential documents of all their cases.

If the party had not hired a lawyer and had obtained their divorce on their own, or if their lawyers also do not have a copy of the same, the party will necessarily have to approach the court, which had granted them their divorce decree.

Specific Details that a Divorce Decree needs to have

For this purpose, the party will require knowledge of certain details, pertaining to the year of his or her divorce, the court, which granted the divorce, the name of the judge or bench, which granted the divorce, etc. These details will help the court clerk to easily access the case and find the divorce decree for that particular matter. Once the decree is found, all that the party has to do is to collect the said, certified and true copy of the divorce decree, paid the requisite fee to the concerned court clerk and then that copy of the divorce decree shall be duly handed over to the applicant party.

However, notwithstanding the fact that the court clerk may obtain a copy of the divorce decree from the court clerk, there always exists the possibility that even the court loses track of such record and the copy of the divorce decree is not found in the court’s record even after an expansive search. It is therefore advisable that the parties themselves maintain a copy of such important legal document for as long as they live.

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The Basics of Criminal Appeals Law

In this article, we want to quickly look at the subject of criminal appeal and the laws that govern it. We are not approaching it like a law school course addressed at lawyers but as a general informative content meant for those who may not be so knowledgeable in legal matters. Hopefully, the information we will share here however basic will help you get a better understanding of this process of criminal appeal and how you can take advantage of it should you be in a position where such an action becomes necessary. The Basics of Criminal Appeals Law: An Overview: A criminal appeal is a process where an individual who has been tried by a court of competent jurisdiction and convicted for a crime decides to seek the intervention of a higher court. The purpose of this intervention could be to seek an overturn of the conviction reached by the lower court based on a few points that we will look at later. It could also be to seek a reduction in the sentencing delivered upon conviction. In either case, the defendant is turning to a higher court so that s/he can get a more favorable outcome in the form of an acquittal or a sentence reduction. When an appeal is filed, the higher court will go through the process that the lower court went through to reach its verdict. This means that there shall be no testimonies or submissions of fresh evidence. The decision of the higher court will be based solely on the recordings of the concluded court proceedings. It is from this recorded process that the appealing counsel will point out the grounds of their appeal and it is also from these recorded proceedings that the higher court will reach its decision. It is important to understand that it is common to find the higher courts in the U.S naturally favoring the decisions of the lower court. It will take some very clear infractions or errors to cause a higher court to overturn the judgment of the lower court. Grounds on Which an Appeal Can be Made: We mentioned above that an appeal has to be based on certain grounds. We will now look at a few of these grounds upon which a criminal appeal can be filed. An appeal can be file if any of the following happened during the trial at the lower court: There is a clear error in the interpretation of the law. The verdict given is not backed up by clear evidence. The ruling of the lower court bothered on abuse of its discretion. The defendant claims that his/her representation was inadequate. Any of the points above are grounds upon which an appeal can be filed. You should, however, understand that the appellate court must find evidence in the proceedings of the trial as shown by your attorney in your appeal filing that supports your claim. If the higher court does not find enough evidence supporting your claim, it will be thrown out. What You Should Do: If you have just gone through a criminal trial and you were not happy with the outcome because you felt the process was somehow flawed, you could ask your lawyer what your chances will be if you were to take it to a higher court. We understand that it is likely that your attorney is the reason why the outcome of the trial was the way it is. If this is the case, then having such an attorney handle your appeal will not be a very smart move. You’ve already made the mistake of choosing an attorney who could not properly represent your interest in court, do not make the mistake of having the same attorney contest this outcome in a higher court for you. You can find a lawyer here with the experience to look through the records of your case and give you a candid opinion. There’s no point in spending time and money contesting a case that is certainly not going to go your way no matter where you take it. What you need is a correct assessment of your chances. If it is seen that there are indeed solid grounds on which an appeal can be filed, you should engage the services of Criminal Appeals Toronto attorney with the required expertise, who knows exactly how to prepare your case to give you the best chance of getting a better verdict. Bonus knowledge: Check out our blog regarding Criminal Law Enforcement Read Also: Keys To Become A Successful Lawyer 3 Reasons Why You Might Need A Family Lawyer Three Practical Tips And Techniques For New Trial Lawyers

Personal Injury Attorneys Denver

One is exposed to many sudden accidents, especially when one live in a crowded city like Denver. Are you searching for personal injury attorneys? We hope that you never experience any kind of accident, but one should do his/her best to deal with any bad circumstances and prepare himself/herself accordingly. Personal injury attorneys Denver is a popular topic because people are looking for personal injury lawyers as they might have an accident in Denver So, we will let you aware of the necessary information about personal injury attorneys in Denver. Are personal injury attorneys worth hiring in Denver? You might think that your insurance company will handle any consequences of an accident you might have, but you should remember that any possible accident will include you and other parties. Personal injury experts at The Sawaya Law Firm point out that such lawsuits are not as straightforward as you might think. No one, be it a business organization or an insurance company is ready to part with claims without putting up a fight. Every claim they address eats into their revenues and profits. Victims need to be prepared as these bug organizations along with their battery of lawyers will go out of their way to deny fair and just compensation claims. Reasons why you need to hire personal injury attorneys in Denver: You have to deal with other insurance companies from other parties. Your insurance provider might not cover certain types of accidents. You might lose the negotiation with your insurance company. When you have an accident, you will be busy with the instant circumstances, and you will not think about how you will have compensation. When do you need a personal injury attorney in Denver? You can answer this question with "whenever you have a car accident," but it is more than car accidents. You might have an injury while walking because of road construction; it is a pedestrian accident. General construction accidents are included as they are common, and the areas under construction are dangerous. You can count bicycle and motor accidents in, as well. They are not of less importance than other automotive accidents. Defective products that might cause poisoning, might be expired, then you have the right of suing the market you bought from. Last but not least, wrongful death, experiencing the death of a relative, is miserable, and facing that with an outside factor, which would be the cause of your relatives’ death, will make things much more difficult and complex. And having a personal lawyer beside you will facilitate any legal actions. This is another good reason for having a personal attorney. Finally, you can include any sudden accident with personal injuries, and consult a lawyer whenever you are in trouble. What compensation might your personal injury attorney guarantee? It depends on your accident type and conditions — no certain answer for all cases. However, compensation must include any consequential damages regarding personal injuries in a certain case. No matter how much those damages will cost or what kinds they are. From physical medical expenses to consulting a psychiatrist because of the following depression. And here is another reason to hire a personal injury attorney, you really cannot get your full rights without an experienced attorney. How to find and hire a personal injury attorney Now, we will have some tips and questions to find the best personal injury attorneys. 1. Ask a friend It is not cool to remind a friend of a past accident, but your real friend will get you properly and help you. So, ask him or one with similar previous experience in your network. If none, go online, read reviews, and post your questions and case on local communities in Denver. That leads us to the second step in our searching process. 2. Identify your case clearly When you cannot figure your own needs, no one will be able to help you. So, be super clear, and post/tell every single detail of your case. Then, you will have many mentions and recommendations online. It is time to contact some lawyers before any communication. Do not let anyone affect your decision; some only look for commissions by recommending or other personal stuff. So, select what you feel they are good at and start interviewing. 3. Interview many lawyers After your selection of a few lawyers, it is time to interview them with good questions to be able to evaluate well and select the best for you. Let us see some necessary questions. How long have you been working in Denver? Have you ever dealt with personal injury cases? If so, How many cases or how long? How often do you deal with personal injury cases? How many personal injury cases did you resolve and win? Have you handled a case like mine? If so, did you win it? How much do you charge for such cases? What are your time expectations until resolving my case? Do you think my case will go to trial based on previous cases? Do you think we will have any unexpected difficulties? Will you work alone in my case, or will there be other attorneys? Will you keep me informed weekly? Do you have the time and resources to work on my case? What do you need from my side to start? Those are basic questions that can lead you to more detailed questions. Having all said, hopefully, you will not get in trouble, but if so, try not to rush, then evaluate your situation, whether it is a car accident or poisoning, and consult a lawyer to have the best compensation. Read Also: What you need to know to win your slip & fall case Do I Need a Lawyer for a Car Accident that wasn't My Fault?

Why You Need To Consult With Employment Attorney Law Firm In California?

In the cases of whistleblowers, or employees who have been returned to the workplace after winning a wrongful termination suit, any action taken by an employer that is "materially detrimental" to an employee is considered retaliatory under the law. The following are examples of materially detrimental actions: Dismissal Being moved to a less desired position Being passed over for a promotion Not being hired/promoted are all examples of adverse employment actions. In addition, significantly unfavorable actions are measures that an employer might use to discourage an employee from engaging in a protected activity are also prohibited. Some of these unfavorable actions might include: Negating compensation for work. Click here for more on employee compensation. Suspending Any abuse or threats Damaging, erroneous assessments of, or reports about, family members' treatment So What May You Do Without Fear Of Reprisal? According to the statute, workers are shielded from retaliation for engaging in certain "protected activities." The following statutes establish these guaranteed rights, and the EEOC is responsible for enforcing most of them. Relevant laws are: Specifically, the (ADA), The Age Discrimination in the Workplace Act (ADEA) The Title VII of the Civil Rights of 1964 Section 501 of said Rehabilitation Act There are also laws protecting employees' right to fair compensation and privacy of medical information and the safeguarding of employee privileges The US Dept of Labor established OSHA to shield workers who blow the whistle by filing complaints or exercising their rights from any kind of reprisal. Go to Whistleblowers.gov for additional information. There are strict deadlines for reporting retaliation that must be met before a claim can be filed with OSHA. Three Broad Types Of Lawful Pursuits These broad categories are summarized in this article and include the vast majority of legally sanctioned pursuits: If an employee has a good faith and reasonable suspicion that their employer is engaging in unlawful conduct, he or she has a duty to disclose this suspicion, either to the company's internal compliance department or to the appropriate authorities. An employer cannot take any action against an employee that would have a "materially detrimental effect" because of this protected behavior. Real-world scenarios where an employee could disclose criminal activity include: Disclose sexual harassment incidents Having experienced prejudice of some kind Confronting dangerous workplace circumstances and reporting them False claims that the employer violated the law by not paying overtime or providing mandatory breaks What is known as "whistleblowing" is a distinct field, however, any of these circumstances may be covered under the broad term of whistleblowing. Possessing And Using One's Employee Rights Many different agencies, both federal and state, have tackled the issue of protecting workers' rights. Limits on drug testing, the right to a minimum salary, paid and unpaid parental leave, the ability to return to civilian employment after military duty, the right to a safe and healthy workplace environment, etc. all fall within this vast category of employment law. The threat of retaliatory wrongful termination (https://en.wikipedia.org/wiki/Wrongful) exists whenever an employee seeks to exercise a legal privilege that is not to the liking of the employer. Here are some frequent instances in which an employer may retaliate against a worker who is only asserting his or her rights: Making a request for reasonable accommodations due to a disability or religious beliefs Asking for a cut of tips received Using paid time off for things like medical leave or civic duties like voting or jury duty Taking part in a government inquiry - Employees have the right to take part in any legal proceedings, including investigations and hearings, that involve their employer. This includes situations when an employee is asked to testify against their employer in court or when they voluntarily offer information to government authorities about the company's procedures. There is an almost infinite list of potential motives for retaliation against a worker. Retaliation cases have the largest volume and proportion of all EEOC claims. Retaliation allegations have been on the rise over the years, now making up about 45 percent of all claims filed with the commission. Verifying Retaliation These three conditions must be met before an employee may file a claim with the EEOC against their employer: There had been a protected event. Employer reprimand or discipline All of the aforementioned are linked together because of a causal relationship, which proves retaliation. It is reasonably difficult to prove the third criterion, the connection between the employee's protected action and their subsequent firing. There can always be a “reason” for employee termination, especially in a right-to-work state. This means any and all evidence to the claim must be handled in a timely and efficient manner by an employment attorney to provide the appropriate documentation to file a case. The link might be established based on either direct or circumstantial evidence. Finding remarks in writing or verbally that show the case is an example of direct evidence, whereas circumstances that suggest retribution were taken into account indirectly are examples of circumstantial evidence. The burden of proof is with the employee; it is not on the employer to refute the allegation. For retaliation to be presumed to have taken place, there must be evidence that supports that likelihood. Protections Against Retaliation If the court finds that retaliation occurred, the following compensation is possible: Pay in advance or readmission to work pending employment Discretionary funds The costs you spent before, during, and after your employment ended unfairly Legal costs and time in court Compensation for mental anguish Damage awards against private companies as punishment In many instances of retaliation, the parties are able to come to an agreement out of court and avoid going to trial. The amount of a retaliation settlement is determined by the nature of the dispute and the likelihood of the result. Companies often choose to settle employment disputes rather than risk the high costs of litigation if an employee has a compelling case. However, it is always important to speak with a professional employment attorney as quickly as possible in order to ascertain the validity of your case. Read Also: Can an Employee Claims for a Personal Injury When Working From Home? Understanding How Employee Recognition Can Aid Your Consulting Firm Picking the Right Law Firm for You and Your Family

How to Get Copy of a Divorce Decree

Why a Divorce Decree is Important?

How can you get your Divorce Decree Made?

Specific Details that a Divorce Decree needs to have

Reasons For Hiring a Long Island Personal Injury Attorney

The Basics of Criminal Appeals Law

Content Rally

Content Rally wrapped around an online publication where you can publish your own intellectuals. It is a publishing platform designed to make great stories by content creators. This is your era, your place to be online. So come forward share your views, thoughts and ideas via Content Rally.

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The Basics of Criminal Appeals Law

Personal Injury Attorneys Denver

Why You Need To Consult With Employment Attorney Law Firm In California?

How to Get Copy of a Divorce Decree

Why a Divorce Decree is Important?

How can you get your Divorce Decree Made?

Specific Details that a Divorce Decree needs to have

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Reasons For Hiring a Long Island Personal Injury Attorney

The Basics of Criminal Appeals Law

Content Rally wrapped around an online publication where you can publish your own intellectuals. It is a publishing platform designed to make great stories by content creators. This is your era, your place to be online. So come forward share your views, thoughts and ideas via Content Rally.

Leave a Reply

Popular

Follow Us

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