Social Security Disability Benefits Help

Is this the first time that you are applying for Social Security disability benefits? Did your claim get denied? Hiring a Social Security disability attorney may prove to be a wise decision.

Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding locations.

Disability Condition

The SSA has its own qualification criteria that is mentioned in the Blue Book. The type of condition you get diagnosed with will determine the Social Security disability benefits you medically qualify for. Few conditions, like metastatic cancer and ALS don’t need anything other than a diagnosis to qualify for. Your Social Security disability attorney can help determine whether you qualify as per the Blue Book or not.

Medically Qualifying at a Hearing

Most Social Security disability applicants get approved for the benefit at the hearing. You will be presenting critical facts during the hearing regarding your medical condition and the way it affects your work ability. Vocational expert may be present at this hearing. You will be asked a number of questions about your inability to physically work because of your medical condition or disability.

Your attorney can help you anticipate these questions and prepare for them. They will also ensure that you have enough supporting evidence to win the claim.

Hiring a Social Security Disability Attorney

Most SSI and SSDI claims need to go in front of an administrative law judge (ALJ) for the claimant to receive disability benefits. Having a disability attorney at the level of the ALJ hearing can help you win a claim. Having a legal professional at your side can help ensure that your lawsuit is well prepared and properly developed before the hearing.

Preparing a Disability Case

The vast majority of SSI and SSDI claimants have no idea how to prepare a disability case thoroughly or properly. In contrast, legal professionals have the necessary knowledge and experience to prepare for disability cases.

It is important for the representative to have SSI and SSDI claim experience. This is the only way they will know what the judge would expect from a claimant’s particular medical condition. They will also know the type of questions the judge would ask the medical tests they may order.

Disability representative are dedicated since they usually work on a contingency basis. This refers to an agreement where the representative would get paid only when you win. This motivates them to track down important medical records and obtain detailed claimant statements.

How to Win Without Legal Help

Disability claimants that don’t have representation from a legal professional can still win an SSI or SSDI disability claim at their ALJ hearing. However, they will have significantly low odds of winning the claim without bringing in a representative or an attorney to the hearing. This is why it is always recommended to have legal assistance at the hearing.

Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.

Have any legal questions? Contact the Attorneys at SBEMP Law Firm: 

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here. 

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage, Indian Wells), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; New Jersey, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

LGBTQ+ Law

Laws can often be more complicated for the LGBTQ community. Jobs, relationships, and daily activities for lesbian, gay, bisexual, transgender, and queer couples or individuals can mean coming in regular contact with laws and rules. The ever-changing legal landscape surrounding LGBTQ means folks need to be stay up to date with current legislation.

Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding locations.

Understanding Sexual Orientation Discrimination

Sexual orientation discrimination occurs when an employer discriminates against an employee based on their sexual orientation. For instance, it is discrimination when an employer:

It is discriminatory when employers base employment decisions on sexual orientation of heterosexual employees as well. For instance, bars or restaurants that have a large gay clientele cannot refuse to hire a straight bartender or waiter.

Same-Sex Marriage Is Recognized By the Federal Government

The federal government recognizes valid same-sex marriages. In fact, the decision made by the US Supreme Court in US v. Windsor on June 26th, 2013 has paved the way for same-sex married couples to acquire federal benefits.

The Supreme Court while hearing the Windsor case struck down a federal act section that limited marriage to between a man and a woman. The alteration was made to the federal Defense of Marriage Act (DOMA)

Legally married same-sex couples, as a result, can now qualify for federal benefits. However, this is only for the most part since rules of eligibility differs between federal agencies.

Child Adoption for Same-Sex Marriage Couples

There are many states that allow gay and lesbian couples to adopt children jointly. This makes both parents legal at the same time. These adoptions are generally through adoption agencies – domestic and internationally. They can also be done independently where the birth parents and adopting parents speak directly with an attorney or another intermediary present.

In lesbian couples, one partner can give birth to the children and the other can adopt the child through a stepparent or second parent adoption.

Terminating Registered Domestic Partnership or Same-Sex Marriage

You may need to do nothing more than fill out a form if you are registered with a business or local government as domestic partners to end the registration. However, if you are married, you would need to follow the resident state’s divorce procedures.

The same holds true for dissolving the domestic partnership. Most states treat these dissolutions as divorces and you would have to file in a family court.

Handling Gender or Name Changes

LGBT individuals may want to change their names legally to better reflect their life changes. Sometimes, a person may seek to change the gender in their identity documents. Experienced counsel can make it easier to navigate the system and achieve those changes.

Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.

Have any legal questions? Contact the Attorneys at SBEMP Law Firm: 

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here. 

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage, Indian Wells), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; New Jersey, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

Small Business Law

SBEMP LLP is a leading law firm offering a broad range of legal services with offices in Palm Springs, Indian Wells, Orange County, San Diego, New Jersey, and New York. The firm’s foundation is built on creating an aggressive and creative advocacy. It is also built on hard work and an unwavering dedication to meeting the needs of small business clients. Every legal matter is of importance and to achieve the best possible results.

SBEMP small business attorneys have helped hundreds of small business firms with arbitrations, trials, and alternative dispute resolution proceedings. The firm has also negotiated over complex real estate and business transactions across the United States. The legal team offer sound advice on matters related to day-to-day employment law, litigation, and collective bargaining among others.

Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding communities.

Advantages of Hiring a Small Business Lawyer

  1. Choosing Proper Business Structure

You may get a lot of legal issues if you do not choose a proper business structure. There will be unnecessary liability from sole proprietorships and partnerships. Business lawyers can assess your business structure and requirements. They can help you with tax obligations, liabilities, setup costs, and employee inquiries.

  1. Avoid Lawsuits

You can prevent lawsuits by hiring a small business lawyer. They can reduce your business’ exposure to employment lawsuits among others. They will also help ensure your business adheres to federal and state employment laws. You can protect yourself from several headaches down the line by being proactive.

  1. Contracts Drafting

All your business contracts, whether for vendors, employees, or customers should be reviewed by your lawyer. This helps ensure that you don’t leave out any necessary item. Business lawyer can also help you determine whether a particular transaction requires a contract or not.

  1. Protecting Intellectual Property

Intellectual property includes inventions, product designs, business services, logos, trade secrets, and original works. It is vital to protect your intellectual property if you want to maintain a competitive and distinctive business. You can file a copyright, patent, or a trademark depending on the intellectual property type you have. Business lawyers can help preserve your legal right to the intellectual property.

  1. Real-Estate Agreements and Leases

You would need a small business lawyer to help get your real estate leases in place. This is unless you plan on running the business from home. You would want to rent out a commercial space for your business office.

Starting a small business or running an existing one can lead to several legal challenges. You should consider hiring a small business lawyer to get help with all your legal issues and uncertainties. An attorney can protect your interests in the best way against legal consequences and liability. You can attain peace of mind as well by hiring a brilliant small busines lawyer.

Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.

Have any legal questions? Contact the Attorneys at SBEMP Law Firm: 

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here. 

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage, Indian Wells), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; New Jersey, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

Transportation Law

Transportation law is the body of law that regulates the infrastructure of  transportation and its use. It controls the way that people travel using any mode of transportation including air travel, vehicular travel, railways, and even waterways.  

Most of the transportation law originates from the government agencies that form regulations and supervise compliance with the guidelines that they create. Transportation law also includes companies and individuals that must comprehend and follow the regulations. 

Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding communities.  

Where does Transportation Law Originate From? 

For the most part transportation law in the United States is federal. Since transportation has an impact on the interstate commerce, the federal government can control transportation under the commerce clause of the US Constitution.  

The federal government also gives encouragement to state to pass transportation law. The federal government may also use the promise of government funding so as to force the states to act out some specific transportation laws.  

Federal Transportation Agencies 

US Department of Transportation 

The US Department of Transportation (USDOT) states its goal as making transportation convenient and safe for everyone. Founded in 1967, USDOT is involved in creating regulations, ensuring enforcement actions and making recommendations to the states. USDOT is also actively involved in making public service announcements and giving recommendations and warnings to the public. 

Federal Aviation Administration 

The Federal Aviation Administration (FAA) looks after all aspects of air travel. Their supervision includes airports, airplanes and all concerned logistics of air travel. The rules and restrictions of FAA might be temporary or permanent. 

Federal Highway Administration 

The Federal Highway Administration guarantees safe construction of maintenance of tunnels, roads and bridges in the United States. Their main area of focus is design and safety that offers ease and convenience to the users. Their work involves planning for funding and innovation in construction of road and design. 

Federal Railroad Administration 

The Federal Railroad Administration has provided supervision for rail travel in the United States since 1966. This agency also includes an Office of Civil Rights, Chief Counsel and Administration. Some section of the agency lays emphases on policy and research. 

Maritime Administration 

The Maritime Administration (MARAD) gibes recommendations about commercial maritime travel in the United States. The agency looks after international negotiation and communication regarding maritime travel. The organization also works in support of the Department of Defense. 

National Transportation Safety Board 

The National Transportation Safety Board (NTSB) looks into transportation accidents. The NTSB is an independent agency. The intent of the independence of the agency is to allow them to conduct neutral and unbiased investigations into the causes of transportation accidents. 

State Transportation Law 

Most states have a Department of Motor Vehicles. That is the place where most people get to interact with transportation law. A state’s Department of Motor Vehicles is generally a part of a state’s executive branch. States also forms laws that control travel and traffic on highways. States require drivers to have a license to drive a vehicle for private use.  

Most states have a separate license for commercial driving and another license for operating a motorcycle. Largely states also have laws that forbid boating while intoxicated. Penalties for state traffic law violation may range from a civil fine to points on the license of the driver to criminal penalties. 

Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas. 

Have any legal questions? Contact SBEMP Law Firm: 

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here. 

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; New Jersey, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

Trademark Law

A trademark refers to the word, logo, or phrase that recognizes the source of goods or services. Trademark law gives protection to a business’, brand or a commercial identity by not encouraging other companies from adopting a logo or name that might be “confusingly similar” to a trademark that already exists. The objective is to allow consumers identify the producers of goods and services with ease and avoid any confusion. 

United States trademark law is primarily governed by the Lanham Act. Common law trademark rights are obtained automatically when a commercial uses a name or logo in commerce, and they can be enforced in in state courts.  

Marks registered with the US Patent and Trademark Office are granted a greater degree of protection in federal courts in comparison to the unregistered marks—both registered and unregistered trademarks are given some degree of federal protection under the Lanham Act 43(a). 

Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding locations. 

Purpose 

Trademark law gives protection to the goodwill of the company, and assists consumers effortlessly classify the source of the things they buy. 

In principle, trademark law, by stopping others from copying a source-identifying mark, eliminates the customer’s expense of shopping and making decisions regarding purchasing, for it easily and quickly assures a potential customer that this item—the item with this mark—is manufactured de by the same producer as other similarly marked items that he or she liked (or disliked) in the past.  

The law also gives assurance to the manufacturer that it (and not an imitating competitor) will earn all the financial as well as the reputation-related rewards that are associated with the desired product. The law in this way gives encouragement to the manufacture of quality products. At the same time it also deters those who wish to sell products of an inferior quality by take advantage of the consumer’s inability quickly to assess the quality of an item offered for sale. 

Benefits 

Trademark protection depends on use in commerce, not registration. Registered as well as non-registered trademarks both are eligible for protection under the Lanham Act. However, registration (on the “Principal Register”) offers a number of advantages: 

 

Application Process 

Trademarks can be registered online. The USPTO levies a fee for online applications of trademark. The process usually takes about six months from initial application to the final stage of registration. It is common practice to take the services of a trademark attorney to file the application on behalf of the future owner.  

Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas. 

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here. 

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; New Jersey, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

Best Attorney Near Inland Empire, CA 

It is important to choose the right attorney if you want to achieve a desired outcome. Selecting an attorney that works best for you can be time consuming and require a lot of effort. However, the hard work is worth it when you come out successful in the end.  

Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding communities. 

Here are some of the important qualities you need to consider while choosing the best attorney near Inland Empire, CA. 

Specialist

You need to identify your legal problem and find a lawyer that specializes in that field. Law can have different fields and sub-fields. You need an attorney that has considerable experience to address your legal problems in the best possible way. Lawyers are a lot like doctors when it comes to specializations. Find one that best serves your purpose.  

Experience

There is nothing worse than hiring an attorney that is still green behind the ears or learning on the job. You need the appropriate level of experience in the professional you hire. This is one of the most vital criteria when selecting an attorney. You can improve your chances of a favorable outcome by choosing an attorney with adequate experience.  

Communication

You should be able to talk to the lawyer freely. So, you obviously want one that has good communication skills. Additionally, attorneys are routinely required to spat with their adversaries and communicate with those sitting in judgment. This makes it vital to find an attorney that can anticipate questions and always stay one step ahead.  

Professionalism

Professionalism is not just about behavior and personality. It involves a specific objective that differentiates the adequately competent from the best attorneys. A professional attorney should work dedicatedly for your interest and use your resources economically and efficiently. They should return phone calls or other forms of communication promptly and always keep you in the loop. They should also be well prepared at meetings and follow up as appropriate.  

Approach

Not all lawyers are alike even when specializing in the same legal field. They use different personalities, styles, and approaches to represent their clients. You need to find a professional lawyer. But, you should also match their traits with your own personality, style, and approach. It’s critical to feel relaxed when you are around your attorney and always be on the same page.  

Familiarity

It doesn’t matter whether you use a national or a local legal specialist as long as they are familiar with the region. Many issues, such as workers’ compensation and real estate matters are handled locally. Technology and transportation has made it possible to hire attorneys from anywhere. But, to protect your interests you should find a lawyer that understands the legal complications in your area. 

Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas. 

Have any legal questions? Contact SBEMP: 

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here. 

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; New Jersey, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

Bankruptcy Law 

Couples, businesses, or individuals that are unable to meet their liabilities and financial obligations can be excused from repaying all or some of their debt by filing for bankruptcy. The rules and procedures in the United States for bankruptcy fall under federal law. States are banned from legislating in this legal area.  

Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding communities. 

Types of Bankruptcy 

There are two distinct types of bankruptcy – liquidation and reorganization. Debtors are required to surrender all their property in liquidation bankruptcy. The property is then sold with the proceeds going to creditors. All debts are considered permanently discharged in this form of bankruptcy.  

Debtors are allowed to hold on to their property in reorganization bankruptcy. However, they are required to adhere to a repayment plan by which they pay a part of their debts through installments.  

Filing for Bankruptcy 

You would be required to submit the required fee and petition to the bankruptcy court if you want to file for bankruptcy. The fee is usually $300 for most types of personal bankruptcy. The petition should include sworn statement from the debtor regarding their income, expenses, and the money owed. The petition should also include a complete list of their assets.  

Understanding Chapter 7 Bankruptcy 

These bankruptcies are among the most common type of liquidation bankruptcy. Debtors are required to hand all of their non-exempt property to the bankruptcy trustee or the supervising officer. Certain properties such as household items, clothing, tools for work, and in some cases, family home and vehicles can be deemed to be exempt.  

The Chapter 7 trustee shall repay all the debtor’s creditors by selling all non-exempt property (if any). Balance of loans and obligations shall stand to be forgiven and never collected.  

Understanding Chapter 13 Bankruptcy 

Liquidation bankruptcies are favored by those looking to completely wipe out their debts. But, people that own non-exempt property tend to file Chapter 13 bankruptcy. This is a reorganization bankruptcy which allows the debtor to hold on to their property as long as they agree to a repayment plan. They are required to pay off their debts over a period of three to five years by making monthly installments.  

Chapter 13 bankruptcies are usually filed in the case of car loans, student loans, and tax liabilities. The debt is restructured in a way to reduce principal and to make repayment more affordable.  

Who Can File for Bankruptcy? 

Everybody cannot file for bankruptcy. Debtors that file for Chapter 7 bankruptcy in order to have their debts discharged in the past 8 years are not allowed to re-file. The waiting period is 6 years for Chapter 13 bankruptcies. Debtors that are in a position to repay their creditors are banned from filing a liquidation bankruptcy. However, they can file for reorganization bankruptcy.   

Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.    

Contact SBEMP Law Firm if You Have a Legal Question

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here. 

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; New Jersey, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

Marriage Annulment

Marriage annulment refers to a legal procedure that effectively dissolves a marriage in its entirety. Court granting the request for a marriage annulment effectively declares it null and void. Annulments are different from divorces wherein the marriage is terminated instead of being considered null and void.  

Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding locations. 

Obtaining an Annulment 

An individual can request a family court judge to issue an annulment. This can also occur at the behest of a couple’s mutual decision. When one party seeks a marriage annulment, they are required to bring an annulment action in family court. The judge will need to hold a hearing if the other party refuses the annulment.   

Common Grounds for Annulment 

Marriages cannot be dissolved simply because either of the couple is dissatisfied. There are specific grounds listed under family law for an annulment to be granted. These are: 

Results of a Marriage Annulment 

Annulled marriages are different from divorces because these marriages are considered to never have existed. Courts attempt to leave the couples in the same financial state as before the marriage. This rule is adopted while dividing assets and cash.  

Couples that obtain shared assets, property or debt during the course of their marriage are usually instructed to share them equitably. Courts only consider facts surrounding a case while dividing assets and debt equitably.  

Child Custody and Annulment 

Generally, both parties to an annulled marriage are treated as legal parents of the child. This is similar to how child custody would be treated during a divorce. If there are child custody and support issues, the court shall apply divorce laws. 

Time Limitations Regarding Marriage Annulment 

There is no fixed time frame for obtaining a marriage annulment. However, practical consideration state that obtaining an annulment earlier rather than later is a prudent and wise decision. Individual circumstances regarding assets, liabilities, and child custody can become complicated the longer a couple waits to obtain an annulment.  

Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas. 

Contact SBEMP Law Firm if You Have a Legal Question

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here. 

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; New Jersey, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

Corporation Law 

Dissolution of a corporation is a multi-step and complex process which requires following regulations of the Internal Revenue Service and the laws of the state where the company was incorporated. Corporation dissolution is usually voluntary, but in some cases it may also be state ordered.  

This occurs generally when a corporate fails to file necessary information statements with the state of incorporation or fails to pay or file corporate taxes. The dissolution process remains the same regardless of the decision. 

Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding communities. 

Articles of Dissolution 

All state laws require articles of dissolution to be filed to dissolve a corporation officially. Requirements tend to vary on whether the entity was public or private. However, most corporations are required to provide at least the filing date, the name of the corporation, and the date from which the dissolution comes into effect.  

Corporations also need to provide the dissolution decision and all information regarding unpaid taxes and pending legal actions. In some states, a corporation is required to provide information regarding assets, liabilities, and the debtors list.  

Permission to Dissolve 

The decision to dissolve can be taken through a board meeting in privately help corporations. However, publicly held corporations need to get shareholder approval to commence the dissolution process. The process would typically involve informing all shareholders about the board’s intent to dissolve.  

They would need to hold a shareholders’ meeting to allow shareholders to vote after discussing the dissolution proposal at length. The only way public corporations can start the ball rolling is if they have a majority of shareholders voting in favor of dissolution.  

Notice of Intent 

Public corporations are required to file a notice of intent in many states after getting the shareholders’ approval. Typically, the corporation name, date of adoption for the dissolution proposal, and a statement confirming that the decision has majority shareholder vote are legally required to be included in the notice of intent.  

Tax Regulations 

All corporations are legally required by the IRS to file Corporate Dissolution or Liquidation (IRS Form 966) within 30 days of filing the article of dissolution. Public corporations are required to return shareholder investments and provide a 1099-DIV to all shareholders receiving $600 or more.  

Registration Cancellations 

Corporations that are licensed to carry out business in multiple states are required to get in touch with individual corporations division in those states and acquire a certificate of termination or an application of withdrawal.  

This document is necessary to officially terminate all rights of the corporation to conduct business within the said state. It also relieves the entity of all future fee requirements and reporting. Failure to comply with this final step could mean that the corporation remains liable for state taxes and annual reporting fees even when the business does not exist officially. 

Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas. 

Contact SBEMP Law Firm if You Have a Legal Question

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here. 

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; New Jersey, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

Choosing the best law firm 

Whether you want to resolve a divorce, seek compensation for your injuries, or transfer business ownership, you are going to need a reliable law firm on your side. But there are thousands of law firms in Orange County alone, so how do you choose the best legal representation for yourself? 

Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding communities. 

Check out their credentials and background 

The most vital aspect you need to consider is whether they have the ability to obtain the results you desire. Every good law firm has a website these days so check it out to see their experience, clients’ testimonials, and their attorneys’ credentials.   

The law firm you choose should have a track record of successfully resolving cases like yours, be it personal injury lawsuits, family disputes, or wrongful death lawsuits against a large corporation. The firm’s attorneys should also have a significant trial experience – steer clear of the lawyers who have little to none. 

Consider how they treat you 

Does your attorney keep you updated about the legal proceedings? Do they take the time to talk to you and answer your concerns? Or do they ignore your phone calls? 

A lot can be said about a law firm by the way they treat their clients, regardless of the client’s stature or caseload. Whether you have a personal injury lawsuit against a large organization, or you want to draw up a will, the law firm should extend the same courtesy and attention to you.  

The best way to confirm this is by talking to the firm’s past clients. Don’t hesitate to ask the firm to provide you with the references – if they refuse, it’s a potential red flag, in which case, consider another law firm. 

Ask them about strategic partnerships  

The best law firms in the country are the ones that don’t shy away from partnering with other attorneys/law firms if it means strengthening your case. If down the road, your legal firm realizes that joining forces with another team will be beneficial for you, they should be willing to do so. 

Sometimes, depending on where you live, it might be helpful for your firm to involve local Orange County attorneys to gain a more accurate perspective. Make sure the law firm you choose is experienced enough to understand this. 

Observe how honest and compassionate they are 

Honest is a critical in law. A law firm should not mislead you because they want to keep you as their client. Some legal firms are quick to take in clients even though they know they are not skilled or experienced enough in that particular field. This is highly unethical and can cost you – the client – greatly.   

The attorneys assigned to your case should be straightforward with you as well as the judge at all times. An honest and skilled attorney armed with facts has a superior chance of persuading the judge and the jury than an unprincipled one.  

When it comes to choosing the bets law firm, finding one that is competent to handle your case is just the first step. It’s also important to ensure they are trustworthy, communicative, and won’t cost you a fortune. 

Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas. 

Contact Us

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here. 

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; New Jersey, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.