Legal

Why You May Need an Attorney: Legal Reasons #60

Whether you need an attorney to start your business depends in large part on what legal type of business you are starting. The simpler the business, the less need for an attorney. Let’s look at the various business legal types:

Sole proprietorship – This business type doesn’t require you to register with a state. You probably don’t need an attorney to start this business type, since no specific paperwork is required, outside of any local business licenses. 

Partnership or LLC – These business types must register with a state. Other documents must be prepared, like a partnership agreement or LLC operating agreement. You may be able to register online with your state or use an online service to register your business. If your business is at all complicate, it’s a good idea to use an attorney to help you start these business types.

Corporation or S Corporation – These businesses must register with a state, must prepare bylaws and other documents, and have a more complicated ownership structure. You almost certainly need to use an attorney to help you start these business types. (Note: The S corporation starts as a corporation then elects S corporation status.)

  • If you are being sued, it’s too late. Most small businesses put off hiring a lawyer until the sheriff is standing at the door serving them with a summons. Bad mistake. The time to hook up with a good business lawyer is before you are sued. Once you have been served with a summons and complaint, it’s too late–the problem has already occurred, and it’s just a question of how much you will have to pay (in court costs, attorneys’ fees, settlements and other expenses) to get the problem resolved.
Food For Thought, Inpsiration, Journal

Alone and Ornery

The past few weeks have not been easy, but worst of all, they have made me feel the most alone in a long time. It’s hard to explain how much fortitude it takes not to snap or be judgemental, yet I still manage to do it. Each morning, it feels pointless to do the things that I am doing to get a grip on my life and my feelings. Yet I do them on faith alone. It’s been hard to wake up to do my morning routine. Hard to do all the things I do to keep myself grounded and calm as things and people change in my life. It’s been a struggle not to react to ever-changing aspects of my life, but most of all, it’s been hard not to miss my dad and aunt.

I want it to get easier. I almost wish time would heal, but there are days the wound is as raw as the first day, and I break down at strange times.  Heading to the gym while listening to Rocky 4, or heading to do errands and suddenly choking up. It still surprises me how deeply it hurts. And then there are interactions with others where I vehemently disagree with their reasoning yet I still do as I am requested. And it takes me down a deeper rabbit hole of pain.

And finally, it’s just dealing with people because you love others and want to make them happy, but being around their friends or significant others just makes me feel alone and ornery. I do it reluctantly, but I also wonder at what cost to my heart and soul. So I withdraw, get quieter, lose myself in my routines. but it just hurts.

It hurts deep, and it hurts hard, and makes me feel alone and ornery.

I

Family, Food For Thought, Inpsiration, Journal

Negativity Bubble

The past few days have been  struggle. I see something in myself that I don’t like: negativity and self-doubt. Lately, it is never easy to tell when I am being cautious, prudent or just being an asshole. I feel as if I am fighting unstoppable forces and it’s made me incredibly sad. I look for relief in my morning routine, meditation, writing and talking to others just so I can be sure what I am saying or fighting isn’t me being just scared. But I still cannot tell. And it hurts, and makes me doubt if I am just being a roadblock, and then I just want to give in and not be this negative force. There is a part of me that is sure that I am right, but another part that says what if I am not?

So I take moments to shift, to see the other side, and take a breath. To remain calm, and not just react. And then I surrender because, at worst, it may just be a wrong decision, but I won’t die, nothing will get broken, and all that will be wasted is my energy and time. Sometimes resisting is not the best way to cope with strategy or new directions.

So I begin with this week with acceptance, being calm and present, and allow life to take me on this journey. I look forward to finding ways to be in contribution.

Happy Monday!

family law, Legal

Divorce and Property: Legal Reasons #59

There is a strong presumption under California law that assets and debts a couple accumulates during marriage are community property. California law also provides that property spouses acquire before divorce but after the date of separation is separate property. The date of separation is not necessarily the date one spouse moves out of the marital home. Instead, it is the date that one spouse decides to end the marriage, and it requires some act of physical separation combined with other actions clearly demonstrating that the spouse has decided to end the marriage.

Whether you handle your own property division or a court handles it for you, there are three crucial steps to the process:

  • determine whether the property (or debt) is marital or separate
  • agree on a value for marital property, and
  • decide how to divide the property.

The spouses—or the court if they can’t agree – generally assign a monetary value to each item of property. Appraisals can help a couple determine the value of real property as well as items like antiques or artwork. Retirement assets can be very difficult to evaluate and may require the assistance of an actuary, C.P.A., or other financial professional.

Spouses can divide assets by assigning certain items to each spouse, by allowing one spouse to “buy out” the other’s share of an asset, or by selling assets and dividing the proceeds. They can also agree to hold property together even after the divorce. Although continuing to hold property together isn’t a very attractive option for most people, since it requires a continued financial relationship, some couples agree to keep a family home until children are out of school. Others may keep investment property, hoping that it will increase in value.

The couple must also assign all debts accrued during the marriage, including mortgages, car loans, and credit card debts, to one of the spouses. Couples dividing debts should be aware that their separation agreement or divorce order is not binding on creditors, who may continue trying to collect a community debt from either spouse. If a debt is assigned to one spouse, the other can ask the court to put a lien on that spouse’s separate property as security for payment of the debt. However, it’s a better practice to try to pay off all the marital debts when the divorce is finalized—if you are selling the family home or one spouse is buying the other out, there’s often a refinancing of the house loan that provides an opportunity to do this.

Food For Thought, Inpsiration, Journal

The End is Near

So strange to think it is October 30th, 2017. Just two months left in this year, and I cannot help but look at my resolutions. I managed to do something in each of the categories I set for myself. There were some that I didn’t even come close to, but I made progress.  The great thing about shooting for the stars is that I still managed to go further than at the beginning of the year.

From losing 35 pounds to speaking at a high school, there were things I was just uncomfortable doing but I got comfortable doing them. If I am not growing, I am shrinking. Yet there is a part of me still fearful of some things on my list. There are some aching reminders of the ones gone who meant so much, and I just hope they know what a big part they played in my life.

Daily, I wonder if I spent quality time doing the times that I care about the most which is intimate time with my wife and loved ones. Did I do something about my personal vision for myself? Did I use my day as I would if it was the last day of my life. Those are my motivations. I progress as if the end is near. Living any other way means complacency and an uninspired life, and I will be damned if I live that way.

Happy Monday!

Brownness

Pregnancy Disability Leave Overview: Legal Reasons #58

​​Employers with five or more employees are covered by California’s pregnancy disability leave law.

Covered employers

PDL is state law. Employers with five or more employees are covered.

Maximum amount of leave

The actual time designated as disability related to pregnancy is determined by the employee’s health care provider. The maximum amount of time available is four months, or 17 1/3 weeks per pregnancy. Note that if an employee is disabled longer than four months, she may be entitled to a leave as a reasonable accommodation for her pregnancy-related or other disability.

Employee eligibility

Employees who work for covered employers are eligible for PDL upon hire.

Reasons for leave

PDL can be used for any time the eligible employee is disabled by pregnancy, childbirth or a related medical condition.

Employer responsibilities

Post required posters, include a PDL policy in your employee handbook and send a notice to any employee who needs PDL.

Interaction with other leaves

Can run concurrently with federal Family and Medical Leave Act (FMLA) absences but not with California Family Rights Act (CFRA) absences.

Ending the employment relationship before the leave expires

The employee cannot be subject to adverse employment action because she used PDL. Seek legal counsel before terminating anyone on PDL.

Return to work

The employee is entitled to reinstatement to the job she held before PDL began.​