Irreconcilable differences: A staple ground for divorce

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In a country that is administrated through a federal government, laws and their respective implementations may differ from one state to another—including the divorce law.

Nonetheless, though each has its own unique tenet about divorce, the states share a very strong probable cause to nullify a marriage: irreconcilable differences.

“Irreconcilable differences”—as ground for divorce—becomes valid when it is already impossible for a married couple to live together normally and harmoniously, or when a wedded male and a female can no longer agree with basic and fundamental issues involving the entire family or the marriage itself.


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The good thing about using “irreconcilable differences” as grounds for divorce is that there’s no such thing as “trifle” when it comes to determining its weight of validity. A simple difference in choosing what particular bed sheet color would be used for the week or disagreeing on each other’s political view or a plain annoyance on hearing the other party’s loud snorting when sleeping can be enough to nullify a marriage. Any matter, as long as it becomes a hindrance to a couple’s harmonious living, can be a solid cause and foundation to push for a marriage’s revocation.

At some point, both parties have to agree

Divorce, however, will not come to a conclusion if both parties would not agree that their marriage can’t be saved due to their differences in opinion. If this is the case, it would not arrive to its final stage, to irrevocability.


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Atty. Craig Seldin has several years of experience in handling divorce case. This website provides more information about his practice.

Criminal minds: When neuroscience takes the stand

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It is a type of defense that is seen more often in movies and television shows than in real life, but these days, lawyers are increasingly using brain scans and other neurological evidence to defend their clients, a study reveals.

Duke University researcher Nita Farahany asserts that the number of cases in which judges have mentioned neuroscience evidence in their opinion increased from 112 in 2007 to more than 1,500 in 2011. Farahany believes that the actual number of cases in which neuroscience evidence is presented is likely much higher as many lawsuits are settled outside of court.

Some scientists believe that neuroscience can explain—if not predict—criminal activity based on brain scans. Neurocience—the science of the brain and how it works—is taking the stand and beginning to challenge society’s notion on crime and punishment.

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The advances in science have put on center stage new technologies, like structural and functional magnetic resonance imaging (MRI), positron emission tomography (PET) scans, and DNA analysis which criminal defense lawyers use to explain their client’s mental makeup as the reason for their criminal behavior.

A series of recent studies has established that psychopathic rapists and murderers have distinct brain structures that show up when their heads are scanned using MRI.

The new technologies, however, leave unanswered the issue of whether criminal courts are the right place to use this new information. Nevertheless, as science continues to improve, neuroscience will continue to be used by both criminal attorneys and prosecutors. And questions, such as to what degree a brain injury can make someone commit a crime, will only become harder to answer.

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Atty. Craig Seldin has several years of experience in criminal defense. This website provides more information about his practice.

Consumer protection: Deceptive trade practices

From consumerprotection.uslegal.com

Federal legislation and statutes in every state prohibit employment of unfair or deceptive trade practices and unfair competition in business. The Federal Trade Commission regulates federal laws designed to prohibit a series of specific practices prohibited in interstate commerce. Several states have established consumer protection offices as part of the state attorney general offices.

The Federal Trade Commission Act (FTCA), originally passed in 1914 and amended several times thereafter, was the original statute in the United States prohibiting “unfair or deceptive trade acts or practices.” Development of the federal law was related to federal antitrust and trademark infringement legislation. Prior to the enactment in the 1960s of state statutes prohibiting deceptive trade practices, the main focus of state law in this area was “unfair competition,” which refers to the tort action for practices employed by businesses to confuse consumers as to the source of a product. The tort action for a business “passing off” its goods as those of another was based largely on the common law tort action for trademark infringement.

Because the law governing deceptive trade practices was undefined and unclear, the National Conference of Commissioners on Uniform State Laws in 1964 drafted the Uniform Deceptive Trade Practices Act. The NCCUSL revised this uniform law in 1966. The law was originally “designed to bring state law up to date by removing undue restrictions on the common law action for deceptive trade practices.” Only eleven states have adopted this act, but it has had a significant effect on other states. Most state deceptive or unfair trade practices statutes were originally enacted between the mid-1960s and mid-1970s.

Craig Seldin on Hurricane Sandy and America’s disaster preparedness

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Urban America could not be less hysterical in anticipating the landfall of Hurricane Sandy, although it was not alone in the damages. Power outage and flash floods in New York contrasted with a death toll of more than 200 in countries that the Atlantic hurricane affected. Only the aftermath of Hurricane Katrina in New Orleans presented a more devastating picture in both casualties and worth of damages.

It is disheartening to see a ravaged urban landscape, with its bustling life disrupted by the forces of fire and flood. Communities burned to the ground in Queens while the subway system in New York was an intractable piece of technology for days. For a country with a record of penetrating outer space, this picture presented a truly remarkable contrast of helplessness.

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All the more as arguments about disaster preparedness have been floated in the following days of damage assessment. The damage is estimated at more than 20 billion dollars, calling in the nightmare of destruction that was Hurricane Katrina. In that particular disaster, people have wondered whether better disaster preparation could have been a mitigating consolation. All the floodwater under the bridge could only render useless the flashback of solutions.

What’s certain is that federal assistance will bankroll recovery for New Jersey and affected communities. But given the record of the United States’ vulnerability against disasters, federal action and budget could (and should) be split by post-disaster response and the anticipation of the next hurricane’s landfall.

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Craig Seldin is a Houston-based lawyer specializing in labor law, among others. Subscribe to his Facebook and Twitter for more.

Pregnancy and pink slips: Craig Seldin and workplace discrimination

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Attorneys who are well-versed on employment law, such as Craig Seldin, explain that pregnancy discrimination in the workplace involves treating a woman (an applicant or employee) unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. This article gives a primer on pregnancy discrimination in the workplace.

Since 1978, it has been unlawful in the United States to discriminate based on pregnancy when it comes to any aspects of employment, including hiring, termination, pay, job assignments, promotions, layoff, training, fringe benefits such as leave and health insurance, and any other term of condition of employment. The Pregnancy Discrimination Act of 1978 (PDA), note lawyers like Craig Seldin, only applies to companies with 15 or more employees (including part-time and temporary workers).

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However, even with the PDA, the number of complaints to the Equal Employment Opportunity Commission (EEOC) has continued to rise since the office first started tracking charges in 1992. Last year, the EEOC recorded 5,797 pregnancy discrimination charges. The highest number of cases recorded by the EEOC was 6,285 back in 2008.

Craig Seldin is a Houston, Texas-based attorney whose expertise includes employment law.

Many would expect that pregnancy bias would be a non-issue now, especially with the PDA. But as statistics from the EEOC show, this is not the case. In fact, the EEOC recently developed a strategic plan to target employers who discriminate against pregnant women, particularly those who forced pregnant women onto unpaid leave after being denied accommodations routinely provided to similarly situated employees.

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If you have been treated unfairly at work or have been wrongfully terminated, Atty. Craig Seldin can help. Visit this website for more information.

Craig Seldin: Executing a will

Probate is one of the practices that the Law Offices of Craig Seldin specializes in. This includes drafting wills to probate litigation.

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Executing a will is the technical term for signing a will and making it legal. Craig Seldin and other lawyers who handled heirship cases explain that in executing a will in any state in the United States, one must:

1. Sign the document while he has capacity to know what he is doing; and 
2. Have two individuals who will sign the will as witnesses.

Having the legal capacity—or more commonly referred to as “being of sound mind”—means that a person must know and understand the properties he own, the family relationships he has, and the effect the document will have when he dies.

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Craig Seldin is a Houston, Texas-based attorney who was voted as the 2011 Wow Attorney of the Year for The Lone Star State.

Meanwhile, individuals who will act as witnesses should be of legal age. They should not be the beneficiaries of the estate.

In addition, law experts note that when signing a will, one must:

• Read the document carefully. The will should be clear, free of any errors, and reflects the author’s wishes.
• Put his initial on each page. This will prevent anyone from adding another page.
• Sign and date the end of the document. Lawyers recommend attaching the signature and date after the last clause of the document.

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To know more about Atty. Craig Seldin and his practice, visit www.cseldinlaw.com.

Employment law with Craig Seldin of Houston: Defending the rights of employees

Employees can sometimes face a number of legal hurdles, particularly when dealing with unfair practices from employers. Craig Seldin, a Houston-based attorney, has extensive experience in dealing with employment law. With over 15 years of experience in legal proceedings, he has a wide understanding of employment law and has represented both employees and employers in matters that go before the Texas Workforce Commission.

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One of the many legal issues that employees can find difficult to take is wrongful termination. These and other affronts to the employees’ civil rights can be taken up in court or before the Equal Employment Opportunity Commission (EOCC). These proceedings are a prerequisite for federal civil rights litigation for the employee.

The broad practice of Craig Seldin, based in Houston, Texas, includes employment law cases such as wrongful termination, discrimination, and covenants not to compete.

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It is rare for employees to show direct evidence of discrimination and attorneys like Craig Seldin often need to get the testimony of a coworker, from outside the plaintiff’s class but in a similar level, who received more favorable treatment than the plaintiff did.

Seldin also has extensive success in representing employees in cases where covenants not to compete are in place. He has an understanding of the restrictions presented by these covenants and has been able to help employees file a counterclaim against their employers.

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More information on Craig Seldin and his Houston-based practice can be accessed from this website.