Kalamarides & Lambert
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Anchorage Legal Issues Blog

3 biggest mistakes you can make in a divorce

Nobody gets married with the anticipation that they will eventually get divorced. You are optimistic and in love, but the unfortunate truth is that divorce is a frequent occurrence. Its commonness is likely little comfort if you are in the midst of a separation, but it is important not to lose sight of the future as you go through this process. Too many people become susceptible to stress and make regrettable mistakes.

There are several mistakes, in fact, that can seriously damage your case. Whether you are separating amicably or dealing with a contentious court battle, you should always be aware of the consequences your behavior may have. Avoid the following three errors that could be costly to your case.

"Love me, love my pet" and the new pet custody law

Alaska pet owners considering divorce will have more to consider when it comes to their pets. Pets are no longer mere pieces of material property subject to division in a divorce. While one usually thinks of children when considering custody issues, pets are not part of the equation.

As reported by the Washington Post, like children, a new law will require courts to consider the well-being of the family animals before deciding who has custody. Custody may be sole or joint. In addition, the court may award possession to one owner based not on the needs of either divorcing owner, but on what is in the pet’s best interest.

Could a DUI charge affect my custody case?

You are struggling with your ex to figure out child custody issues. For example, perhaps you want joint custody while your ex wants sole custody. You go out to a bar one night, have a few drinks, leave, and the next thing you know, you are being pulled over and charged with a DUI.

Can this charge affect your custody case? Yes, it can. 

Protecting your assets in divorce: Things to consider

If you are thinking about divorcing your spouse in Alaska, it is important for you to anticipate different outcomes. You may have certain beliefs and expectations about the process, but if you do not plan your separation carefully, you could end up with a settlement skewed towards your ex-partner. 

Unless you have a community property agreement, community trust, prenuptial or postnuptial contract, property acquired before the marriage can remain separate and out of your spouse’s reach. Alaska is an equitable distribution state. When it is time to determine the division of assets, the judge must use his or her discretion to give you and your soon-to-be ex-spouse what the judge believes is fair. This can lead to you or your spouse receiving an unequal share of certain assets. Here is a brief overview of how you can make your post-divorce situation more secure. 

Problems with field sobriety tests

If an Alaska law enforcement officer pulls you to the side of the road for any reason, and he or she has a reason to believe that you may have been drinking, you may have to take a standardized field sobriety test. This battery of three tests can indicate a blood alcohol content of 0.08 percent. 

AAA points out that even though courts often consider test results to be scientific evidence, they may be flawed.

What to do if your workers' compensation claim is rejected

Alaska workers who file a claim for workers' compensation often count on the benefits to help them through the costs resulting from medical treatment or having to take time off from work. When the employer's insurance company denies a claim, it can be hard not to feel hopeless.

Fortunately, many workers whose claim is initially controverted have the option of going further to pursue their claim. Your attorney can provide individual guidance as to whether continuing to fight makes sense in your situation.

3 myths about divorce you should ignore

As you contemplate ending your marriage to your spouse after many years in Alaska together, you may be wondering what to do and when. One of the hardest things about divorce is not knowing which advice you can rely on. Some pieces of information are a lot more interesting than the truth. 

You may think it's normal to see couples arguing, destroying their property and doing other malicious things to one-up each other. However, this is one situation where believing the wrong things can cost you in the end. Look over a few common divorce myths so you can avoid making devastating mistakes in your situation. 

Understanding the difference between murder and manslaughter

If you are a suspect in another person’s death, you might be wondering what to expect. There are a number of different scenarios that might play out, and the most important factor will be what criminal charges you are facing. Many people are unfamiliar with the differences between manslaughter and murder, but which charge you face will have a major impact on the potential legal consequences.

The following are definitions you should be familiar with as well as the contrasting legal implications that each of these charges may incur. No matter what charges you face, you should consider investing in legal representation and counsel to help you navigate the criminal justice system.

16 things to consider when making a parenting plan

When parents split up, it’s never easy. One of the greatest challenges is coming to an agreement about parental responsibilities and parenting time (often called custody and visitation).

Here are 16 questions to ask yourself as you work on creating a parenting plan:

Key mistakes to avoid if you're injured on the job

Unfortunately, countless people are injured on the job each year in Alaska. Even though safe work practices and programs are designed especially to help employees avoid accidents, injuries still happen at alarming rate.

If you suffered an on-the-job injury, you may be uncertain about what to do next. How can you regain your health, pay your medical bills and protect your rights? The best idea is to talk with an attorney skilled in workers’ compensation cases. He or she can help you understand your options and avoid dangerous mistakes.

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