Brownness

Common Sense Tips During Divorce: Legal Reasons #9

downloadThe reality is that divorce can be as simple or complicated as your feelings are about your partner. The smart money is to be not engage in prolonging a painful process for yourself and loved ones. Too often, people continue as if nothing has changed and in the process make divorce an even more complex.

  1. Stay off of social media until the divorce is over. It can cause unnecessary headaches.
  2. Consider your children’s well-being every step of the way. They are not pawns and should never be used as such.
  3. Let it go.  Pause and think before you act. Too often, partners becoming vested in harming or punishing the other side which causes costs to go up.
  4. Be honest with your lawyer and follow their advice! This is not the time to scheme and come up with untruthful allegations. Remember, if you are at this point, the plan should be to resolve things as amicably as possible.
  5. Make – and stick to – a financial plan. Do not lie about your finances. That is not a strategy to success and could lead to more issues than you planned for.
Legal

Tenant Rights in Breaking Your Lease : Legal Reasons #8

Landlord+and+Tenant+LawYou want to break your lease, but are afraid that your landlord will hold on to your security deposit. One of the main ways to do it is to show the place to be “uninhabitable.”

There is no strict legal definition, only guidelines. Civil Code 1941.1,Health and Safety Code §17920.3, Green v. Superior Court, and some other cases describe  it. It’s not an ugly paint color or worn carpet, but it is peeling paint and a torn carpet. It has to affect living there, so that a technical violation like using the wrong type of screw would not be “uninhabitable.” It does not have to make the place unlivable, but can be as simple as a missing window screen*, a defective electrical outlet, or low water pressure. It can be something unhealthy, like cockroaches and mold, or dangerous, like criminal activity [particularly gangs, drugs, and burglaries]. It can be outside the unit, like an unlit stairway or stagnant swimming pool. It can be something that doesn’t work well enough, like an inefficient heater or air conditioner, low water pressure, or a slow drain. It can be a defective appliance that came with the unit, like a stove or refrigerator. It can be a bad smell, or noise, that is a nuisance, or construction debris in the back yard. It can be insufficient trash bins, or a broken front security gate. It can be things you didn’t even realize, like missing locks on ground floor windows and deadbolt locks on exterior doors.

 Normally, you have to give 30 days’ notice to end a monthly tenancy. Where the place is uninhabitable in any respect, the law allows you to move without any notice, under Civil Code 1942. You don’t have to tell the landlord about the conditions, or give him a chance to fix them.

Writing

Book Worm

ba7c8407ff1fe72c2ad88c38d57b1c22There’s nothing like the glow of the morning light drifting into my library. In this calm. I look around to see myself surrounded by books, and it hits me that my love for reading came from my mom, and I am eternally grateful. That love allowed me access so much information, entertainment and knowledge. It gave me new habits, new perspective, and appreciation of different viewpoints. But most of all, it gives me story whether real or made up. It fills in gaps in my life in a way that e-readers, social  media and computers have never been able to. Holding a physical book and flipping pages is just so damn satisfying.

I look at my growing pile of unread books. Each time, I go to a bookstore, I cannot help but pick up another book as if to mark that I still go to book stores. Yet there is more to it. This love for reading words has served me for a long time, and it’s something I sometimes forget until I pick up a book. Recently, my focus has been non-fiction and learning new things yet there is not denying the pleasure in reading the latest Stephen King or John Grisham. Just being in a world of imagination. That’s what my library represents to me, and it motivates me to perhaps be some day part of that group as a published writer. Some Day.

Legal

5 Common Financial Mistakes To Avoid During Your Divorce:Legal Reasons #7

downloadSo you know it’s the end of the line. You have researched therapy, gone to therapy or tried other ways to make your relationship, but there comes a time when you no longer wish to continue in a toxic marriage, but to end it so you can move forward. It’s not a nice thing to say, but it’s the truth.  Yet it is not an easy road, and once you settle down on that path, it is important to ensure you and your family are taken care of. Here are some things to avoid.

  1. Making financial decisions before you have complete information. It is important to review and gather all relevant financial documents and data before you file.
  2. Taking financial and tax advice from friends and family: Having supportive family and friends to go to for during your divorce can be of great benefit to help you get through a difficult time, however, unless they are financial experts, don’t rely on their financial advice.
  3. Making financial decisions based on emotions: You will be faced with many difficult financial decisions during the divorce process. These decisions will affect your financial well-being for many years into the future. Decisions that are made without a well thought out approach typically lead to costly financial mistakes in the future. Don’t give in to the pressure to settle just for the sake of getting the process over with.
  4. Taking a narrow-minded position during the settlement process: There is no right or wrong solution. Ideally, you should focus on reaching a settlement that is focused on your long-term financial needs and objectives. You are more likely to reach a settlement that benefits you financially, in the long-term, if you approach the process with an open mind.
  5. Reaching a settlement agreement without understanding the potential long-term financial consequences. We can’t predict the future; however, based on training and experience , a qualified financial advisor can help you identify the most crucial financial considerations that can help you reach the decisions that are most likely to be helpful for you.
Legal

What To Do When In An Accident: Legal Reasons #6

personal_injury_claimRecently, I spoke to an acquaintance who was rear ended so hard that his car ended up pushed into the car in front of him yet he waited almost 2 days before going to the doctor because as he said, he “felt fine.”  I get it. Later on, he experienced whiplash, and a mild concussion which caused him to miss work and school yet he settled on just getting his car fixed. Most of us, when involved in an accident, would like to resolve things as soon as possible, yet the reality is, you pretty get only one shot to make sure you are made whole with an insurance company. Yet time and time again, most fail to follow these 5 tips.

 

  1. Go to the doctor. That is by far the biggest mistake people make as your health should always be the main consideration after an accident. At most, the inconvenience of a a simple doctor visit could save you time and money later on down the road. You should be aware that failing to seek medical attention after an accident can sometimes reduce the amount of damages you are able to recover.  As the injured party, you may have a duty to “mitigate your losses.”  This means that you must take steps to ensure that the injury does not cause any further injuries or economic losses.
  2. File a Police Report. Again, most drivers just exchange information and drive off rather than wait for the police. Filing a police report can help ensure that you have records of important information.  This may include the names and contact information of other parties that were involved.  Also, the report itself can serve as a record of the important facts involved in the accident.  The police report can be used in court if a lawsuit arises.
  3. Be Aware of what you and the other driver says. You are under no duty to state whose fault the injury was or to offer additional information.  Avoid making statements that might make the situation more complicated, and avoid creating conflicts in relation to the event. However, if the other party admits liability, document it in the police report or write it down.
  4. Keep Accurate Records And Document The accident. These may include hospital bills, medical diagnosis statements, bills related to property damage, and insurance records.  You may also need to maintain records of lost wages if the injury has caused you miss work.  It’s also a good idea to make a written account of the injury, especially while the events and facts are still fresh in your recollection.
  5. Do Not Settle or Sign Anything You Do NOT understand. This is an area that  people I know give up all their rights and get under-compensated for pain and suffering, lost wages, and medical bills.  Remember, Insurance companies are for profit businesses and will do whatever they can to limit their liability.
Inpsiration, Journal

Just Another Sunday?

not-just-another-SundayIt’s been a quiet week, but one with purpose. As I slowly get back into the rhythm of my LA life, I miss so many things about India, but more than anything else, it is the feeling of connecting and experiences.  I haven’t reached out to many while back, and it is on purpose. I needed the quiet time to process it all, and just be.  Just let the flow of the days come over me as I transition back to my daily life. There is so much to do, but really it comes down to what I want to experience.

I see so many opportunities to change as well add new things to my life. Yet for now, I am just being, taking in this beautiful Sunday. I mourn the loss of a good family friend just not for my parents for his beautiful wife and kids. Life continues to happen and while I could spend all my time complaining about it or just accepting it for what it is. I gaze out and watch the breeze gently move the trees, and I am struck in awe of how perfect the world is in its imperfection.

Sometimes it is just a day, but it is not just another Sunday. It is life. We can choose to accept it or waste time fighting it.