Domestic Discord

Hard, unjust economic times always seem to create difficulties for marriages and other domestic arrangements. The old saying that it costs more for two people to live apart than together is even more true in periods of economic downturn.  Nevertheless, it seems that unjust times have a clear effect on the divorce rate.  Fights between spouses are more common and, given the temperament and background of the parties, domestic violence can be more likely to happen.

Most states now have statutes to separate and protect spouses when one of them commits an act of domestic violence.  States, such as Iowa, have also moved to require classes for partners with minor children relating to how to be separated, but keep from putting the children in the middle of the parents' domestic disputes.

If spouses decide to go through with a divorce, it is important that each party have their own attorney, even if one only consults with an attorney and the other retains an attorney to actually do the court filings.  Critical decisions are made in a divorce action which can have an effect for many years to come.  These consist of the following:

•  Spousal support (alimony);

•  Child support;

•  Allocation of ownership of the parties' real estate;

•  Allocation of retirement accounts;

•  Allocation of bank accounts;

•  Directives relating to life and health insurance;

•  Disposition of other items of personal property; and

•  Visitation and custody of children.

© Rod Powell

Small Business, New Business, Hard Times

Many Americans have the dream of starting and running their own business. Unjust times, however, can spell the end of many of those dreams while being the inspiration for new beginnings. Everyone who starts a new business must be careful not only to ensure that it starts on a sound economic footing, but to also ensure that it has a firm legal basis. Careful attention should be paid to how the business is structured. For some, a traditional corporation may be the best approach while for others, a limited liability company may be the answer. There may be situations where a partnership or sole proprietorship may be the best answer. 

The decision of which structure should be utilized is best made in consultation with the new business owner's lawyer and financial advisor. While new businesses are often strapped for capital, new businesses should be wary of skimping on financial and legal assistance.

There are many instances in which the new small business should seek legal advice.  These include not only business formation issues, but also employer-employee relations and business contracts.  Unjust times call for vigilance and careful planning.  That should only be done with the best assistance available. 

© Rod Powell 2009

Seeking Justice in Unjust Times

As our nation enters and continues in these difficult times, most Americans will increase their contact with the legal system.  When I was an attorney for legal aid in St. Louis in the 1970's and 1980's, I learned that people who have come upon hard economic times are seven times more likely to come into contact with the courts than those who are more affluent.  Similarly, in these times in the early 21st century, not only citizens who have lost income, but those who are concerned about their futures must ensure that their legal affairs are in order so that if they do experience an economic reversal, they will not be in dire legal straits.  My experience as an attorney in private practice for over twenty years has shown me that a few dollars spent on early legal advice and planning can save thousands of dollars and many headaches later.  That will be the purpose of these postings.

© Rod Powell 2009