5 Ridiculous Trademark Attempts

A lot of people are under the impression that you can trademark anything as long as no one else beats you to it. In reality, this simply isn’t the case 99.9 percent of the time.

There are several rules regarding what you can and can’t trademark, but the primary consideration is that what you are trademarking has to be original or exclusively associated with you or your brand.

Although there have been a few exceptions over the years where the UPSTO approved something that wasn’t completely original, it’s a very rare occurrence. However, that fact doesn’t stop some people and companies from trying to trademark things that obviously don’t qualify.

It’s hard to tell sometimes if these are just publicity stunts or if these people actually think they have a case for their trademark. Either way, some of them are really funny. In this article we’ve found five of the most ridiculous trademark attempts for you to get a laugh at.

1. Walmart Attempts to Trademark Yellow Smiley Face

In 2006, the international retailer Walmart filed an application to trademark the yellow smiley face that use on signs in their stores and in their advertising. Although the yellow smiley face is a key part of their branding, Walmart was not the first company to use the famous icon.

The first-known yellow smiley face was created by a freelance artist named Harvey Ball in 1963, which he sold to the State Mutual Life Insurance Company. The image later reached the masses when two brothers trademarked the combination of the image and the tagline “Have a nice day” and made millions off of merchandise featuring the combination.

2. Harley Davidson Attempts to Trademark the Sound of a Revving Engine

Inspired by NBC (which trademarked their three-tone jingle) and MGM (who trademarked the lion’s roar), Harley Davidson wanted to trademark their own signature sound and filed for an application to trademark the sound of a revving engine. Although their vehicles aren’t the first or only vehicles to feature that sound, one could argue that a loud revving engine is something that most people could associate with Harley Davidson.

However, the application was dropped in the year 2000 after several other manufacturers complained that their engines made the exact same sounds. It might have been a clever idea, but it’s definitely one of the more ridiculous trademark attempts of any auto manufacturer.

3. Jason Gamber Attempts to Trademark the Term “SEO”

The term SEO is an acronym for search engine optimization, which is a marketing strategy to boost the rankings of a website in search engines such as Google. The term is used widely among internet marketers, marketing professionals, and people who manage websites for personal or business use.

The idea of trademarking SEO is almost as ridiculous as trying to trademark the work marketing. Gambert filed several applications beginning in 2007, which never received a final decision until 2010 when a blogger alerted the public of his attempts. Several people filed notices of opposition and the UPSTO denied his requests in March of 2010.

4. Donald Trump Attempts to Trademark the Phrase “You’re Fired”

No surprise here, as The Donald is known for his attention-grabbing antics. Following the success of his reality show The Apprentice, Trump attempted to trademark his signature phrase from the show -- “you’re fired” -- in an attempt to make more money off the show’s success.

Despite the fact that this phrase is so commonly used in the public domain, that’s not the exact reason that Trump was denied. Apparently, officials felt that “you’re fired” sounded too similar to “You’re Hired,” which is an educational board game.

5. The New England Patriots Attempt to Trademark “19-0”

After going undefeated throughout the entire 2008 season and the playoffs, the New England Patriots’ owner rushed to apply for a trademark on the phrase “19-0” just weeks before the Super Bowl. They ended up losing the Super Bowl to the New York Giants, losing their perfect record. In addition, they were denied their trademark.

The New York Post refused to let them off the hook for this ridiculous trademark patent and filed an application for the phrase “18-1” following the Giants victory in the Super Bowl.

Bonus: Boise State University Successfully Trademarks Their Blue Turf

Just to give you an idea of the ridiculous trademarks that do get approved, here is a great example. For years Boise State University has been known for their signature blue turf, also referred to as the Smurf Turf.

In 2009 they finally claimed their signature turf officially, which prevents other universities from using blue turf in their football stadiums. (Not that they want to.) In an interesting turn of events, several universities responded by changing the colors of their fields. A notable example is Eastern Washington that installed bright red turf.

Kyle Stout is a freelance writer based out of Houston, TX. This article was prepared on behalf of Vethan Law Firm P.C.

Rules on Service of Summons

Rules on service of summons is largely dependent upon the nature of action: whether it is in personan, in rem, or quasi in rem. In SPOUSES DOMINGO M. BELEN, ET. AL., vs. HON. PABLO R. CHAVEZ, et al. G.R. No. 175334, March 26, 2008, the Supreme Court cited a case, to wit:

In Asiavest Limited v. Court of Appeals,[7] the Court underscored the necessity of determining first whether the action is in personam, in rem or quasi in rem because the rules on service of summons under Rule 14 of the Rules of Court of the Philippines apply according to the nature of the action.The Court elaborated, thus:

In an action in personam, jurisdiction over the person of the defendant is necessary for the court to validly try and decide the case. Jurisdiction over the person of a resident defendant who does not voluntarily appear in court can be acquired by personal service of summons as provided under Section 7, Rule 14 of the Rules of Court. If he cannot be personally served with summons within a reasonable time, substituted service may be made in accordance with Section 8 of said Rule. If he is temporarily out of the country, any of the following modes of service may be resorted to: (1) substituted service set forth in Section 8; (2) personal service outside the country, with leave of court; (3) service by publication, also with leave of court; or (4) any other manner the court may deem sufficient.

However, in an action in personam wherein the defendant is a non-resident who does not voluntarily submit himself to the authority of the court, personal service of summons within the state is essential to the acquisition of jurisdiction over her person. This method of service is possible if such defendant is physically present in the country. If he is not found therein, the court cannot acquire jurisdiction over his person and therefore cannot validly try and decide the case against him. An exception was laid down in Gemperle v. Schenker wherein a non-resident was served with summons through his wife, who was a resident of the Philippines and who was his representative and attorney-in-fact in a prior civil case filed by him; moreover, the second case was a mere offshoot of the first case.

On the other hand, in a proceeding in rem or quasi in rem, jurisdiction over the person of the defendant is not a prerequisite to confer jurisdiction on the court provided that the court acquires jurisdiction over the res. Nonetheless, summons must be served upon the defendant not for the purpose of vesting the court with jurisdiction but merely for satisfying the due process requirements. Thus, where the defendant is a non-resident who is not found in the Philippines and (1) the action affects the personal status of the plaintiff; (2) the action relates to, or the subject matter of which is property in the Philippines in which the defendant has or claims a lien or interest; (3) the action seeks the exclusion of the defendant from any interest in the property located in the Philippines; or (4) the property of the defendant has been attached in the Philippines service of summons may be effected by (a) personal service out of the country, with leave of court; (b) publication, also with leave of court; or (c) any other manner the court may deem sufficient.

Republic Act 7875 Implementing Rules and Regulations

The law requires that all business establishments must enrol their employees with Philhealth. To know more about this law, you can read the Implementing Rules and Regulations of Republic Act No. 7875 from the Philhealth website.

Philhealth Vision: Bawat Pilipino dapat miyembro. Bawat miyembro ay protektado. Kalusugan natin sigurado.

Just What Are You Allowed or Not Allowed To Trademark?

Using trademarks to protect the intellectual property of your business is a smart move. However, before you start trying to prevent all of your competitors from using any word or image that you’ve ever looked at, it would be a good idea to find out what you can and can’t trademark. There are a number of things, or “marks”, that can be protected by trademark.

Before we go any further I should mention that this is not legal advice and you should always speak with an attorney before filing for trademarks or patents. Filing a trademark isn’t as straightforward as say for example, forming an LLC, and a trademark attorney can save you from wasted time and money.

What Can Be Trademarked?

A trademark’s purpose is to protect things that identify a business in the marketplace such as a word, phrase, symbol or design that “identifies and distinguishes the goods or services of one person or company from those of others.” Your logo, brand name, tagline, or any other similar branding elements are protected.

What Are the Easiest Marks to Trademark?

You must file an application to have your mark registered and there is no guarantee that it will be accepted, even if it appears to meet the basic criteria. Some marks are more likely to be accepted than others. Below are the marks that are most likely to be successfully trademarked.

Fanciful Marks

Marks that you’ve created originally or coined for the sole purpose of identifying your business or brand are referred to as fanciful marks. Well-known examples include Exxon, Kodak, Febreze, and Xerox. Fanciful marks are generally the easiest to protect. The only downside is that they can require a larger investment to increase awareness and establish a connection between the unique name and the brand promise it represents.

Arbitrary Marks

In the case of an arbitrary name, a common word is used for a brand or product that is unrelated. Arbitrary names are excellent for trademarks and are usually easy to protect. Some examples you are likely familiar with include Apple for a computer company, Coach for purses, Puma for athletic apparel, Lotus for software, and Jockey for underwear.

Suggestive Marks

Suggestive marks are generally unique and suggest a mental association between the name and the features or benefits of the product or service that the name represents. Suggestive marks are much more common than fanciful or arbitrary marks, despite not being quite as strong. The reason is that suggestive marks usually grant a marketing advantage of tying a mark to the product in a customer’s mind. Suggestive marks are often confused with descriptive marks, but the key difference is that suggestive marks require a bit of thought and creativity to link the name with the product or service, while descriptive marks do not require any imagination. As you can probably guess, this is a highly disputed area of trademark law.

Notable examples of suggestive marks include Microsoft for computer software, Sharpie for markers, Zappos for an online store, or Flickr for a photo sharing website.

What Can’t Be Trademarked?

While trademarks do cover a wide range of things, they still have their limitations. You can’t trademark generic names. A car manufacturer could not trademark the word “car” or “trunk” because those two words are very common in their industry. You (obviously) can’t trademark anything that’s already been registered by someone else. You also can’t trademark anything that might cause confusion between you and another business.

What Are the Hardest Marks to Trademark?

While there is a slight chance that you will be able to trademark one of the following marks, if you can prove that it is unique enough, the odds are not in your favor. Below are the most difficult marks to trademark from most likely to least likely.

Descriptive Marks

Choosing a company name that describes a certain feature of the product or service is considered descriptive and cannot be trademarked. An example would be “Garden Supply Store,” because it only describes what the store sells. In addition, changing the spelling of a common descriptive phrase, such as “Karpet Klean” will not likely be approved either. Small changes in spelling are not enough.

Geographically Descriptive Marks

Business names that include the geographic location of where the business operates are difficult to trademark. Examples such as “Houston Pest Control” or “Atlanta Auto Repair” would be very likely not be approved.

Surname Marks

Names that are primarily used as surnames are very difficult to trademark. Examples would be “Smith’s Lawn Care” or “Thompson’s Bakery.” The only way you would have a chance would be to invest so heavily in marketing that the names became established enough in the marketplace to have a secondary meaning in consumers’ minds as more than just a surname.

Generic Names

If your brand name could be used to describe an entire industry or category it is too generic to be trademarked. Examples would be “Speedy Car Wash” or “Dallas Loans.”

Deceptive Marks

Names that attempt to mislead or deceive consumers by inaccurately describing certain benefits or features of the product/service cannot be trademarked. For example, a company can’t use a phrase suggesting that the products are made in America if their products are manufactured in China.

5 Excuses Your Boss May Give You For Not Paying Overtime

The idea behind the movie “Horrible Bosses” was not dreamt out of thin air. Regardless of your critique of the movie, I think we are all well aware that not all bosses are great. In fact some are downright horrible. Hopefully you have not had the unfortunate pleasure of working under one, but if you have you know how miserable life can be for forty hours per week. Or more if you count overtime.

Speaking of overtime and horrible bosses, some bosses even go to great lengths to withhold hard earned overtime pay from their employees. You are legally entitled to an overtime pay rate if you work over forty hours in a workweek and are a non-exempt employee. So what do these horrible bosses commonly use as excuses for not paying overtime?

You Are Exempt
One common excuse that employers use to avoid paying employees overtime is claiming that the employee is exempt. To verify if you truly are exempt, you will want to run down the list of exemptions.

If you are a salaried employee, you are more than likely exempt. However, there is a caveat to this but more on that later. Another common exemption relates to job duties. For example, if your primary duties contain any supervisory role, you are usually exempt. The key to this is determining if your primary job duties consist of managerial or supervisory role. Simply having the job title of “Managing Supervisor” does not mean that you are exempt.

Executive, administrative, and professional job duties are also considered exempt. Professional job duties include doctors, lawyers, teachers and others.

You Are a Salaried Employee
As mentioned earlier salaried employees are typically exempt. In fact, most employers believe that any salaried employee loses their right to overtime pay. However, this is untrue. If you are not making at least $455 per week in salary, you are still entitled to overtime pay. Currently, this rate is in debate for being raised. Additionally, you must still fit into one of the other exemptions as state by the Fair Labor Standards Act.

That Was Off-the-clock Work
Another common excuse employers give to avoid paying you overtime is that the work you did was off-the-clock.

There are a number of ways in which employees can force you to do off-the-clock work. A common way is to make you work through your lunch or your break even though you’ve clocked out. They could also demand that you stay late, even if you’ve clocked out. Some employees do not even have a physical system for clocking in and out. In this case you are most likely required to keep a timesheet in which you are marked for eight hours each day, even though you worked through your lunch or stay late.

Hours Worked From Home Don’t Count
Another common example of employer excuses for not paying overtime is not paying your for the time you worked at home. Some jobs require that you respond to emails, texts, or phone calls even after you have left the office and are home.

If you are an hourly employee, you are entitled to earn your wage during that time period. So if you have spent an additional thirty minutes responding to emails before bed, make a point to track that time and add it to your daily total. Some employers think that they can get away with not paying you since you are not physically in the office.

Preventing You From Clocking In
The list of excuses continues as some bosses will actually require that you be in the office or jobsite at a certain time, but prevent you from clocking in until later. For example your boss may require you to come in at 8 a.m. but not allow you to clock in until 9 a.m. when the main business hours start. Regardless of if you are doing work in that hour or not, you are still legally entitled to that hour of pay. Your time worked starts the moment you enter the workplace.

All of these excuses can lead to employees missing out on some serious overtime pay. If you feel you have been cheated from overtime pay, you can contact your local labor commissioner or get in touch with an attorney that specializes in overtime wage disputes.

What is the FLSA (Fair Labor Standards Act)?

History of the Fair Labor Standards Act

The Fair Labor Standards Act, or FLSA, was first past in 1938 to establish 44 hours as the absolute maximum workweek. One of its primary intentions upon inception was to combat child labor, therefore keeping minors from being legally able to engage in any workforce considered to be oppressive to children and youth. In the process of the act's development, however, minimum wage and the time-and-a-half requirement for overtime pay within applicable job situations became established as this federal law went into effect.

Over the past 76 years since the FLSA was first past, many amendments have been made to it. These have included the specific amount of minimum wage, explanations regarding the types of jobs eligible for the overtime pay set forth within the law, and changes to the maximum legal workweek. Other amendments have been designed to prevent age discrimination, to extend the law's benefits to employees of the U.S. government, and to protect migrant and agricultural laborers.

The Present State of the Fair Labor Standards Act

In addition to the minimum wage, overtime pay, and child labor considerations that have been part of the FLSA since its beginnings, recordkeeping is now an essential aspect of upholding this law. An authorized government-endorsed poster must be displayed including all of the active FLSA requirements for employees to use for quick and easy reference.

As of July 24, 2009 the minimum wage mandated through an amendment to the FLSA is $7.25/hour. Individual states, however are entitled to choose their own rate of minimum wage. Nevertheless, if a particular employee is covered under both the federal and state minimum wage laws, then he or she is required to receive the greater amount between the federal and state minimum wage requirements.

Applicable employees must receive overtime pay for any workweek exceeding 40 hours. The time-and-a-half standard originally set in 1938 remains the minimum legal expectation for overtime pay today. However, there is no longer a limit on how many hours an eligible employee can work within a week, as was the case with the original act's limitation of 44 hours. The FLSA defines working hours as any time an employer requires his or her employees to be at a designated work site or whenever an employee is labeled as on duty through clocking in or other tool through which hours are tracked.

The child labor aspects of the law central to its original purpose are still in tact. The emphasis has shifted, however, with cultural changes over the past several decades. As such, the current weight is placed on the protection of minors' educational needs and the legal requirements therein. For a complete guide to all the current guidelines in place as a result of the FLSA, please click here.

Eligibility Requirements for Applicability of the Fair Labor Standards Act

The FLSA covers all employees engaged in the work of interstate commerce. This includes production, sales, transportation, and other involvement with work related to this manner of business. A company becomes subject to the FLSA when it fits one of three following categories.

The company's overall annual income reaches or exceeds $500,000.

The business is a hospital, school or other facility primarily purposed in health care or education.

The organization operates as an aspect of a larger public entity.

It must be realized, however, that some companies are subject to the minimum wage requirements while not themselves an organization covered by the entirety of the FLSA. As such, it is necessary for both employers and employees to be intimately familiar with the specific regulations and exemptions involved in the FLSA as outlined in the "Handy Reference Guide to the Fair Labor Standards Act" linked above.

Employees defined as domestic service workers are eligible to receive all the benefits of the FLSA if their wages in 2010 were $1,700 or more or if they work eight hours or more each week. Employees who receive tips that exceed $30 per month are exempt from the standard minimum wage. Instead, employers must pay these workers a minimum of $2.13 on top of the tips obtained. Employees under the age of 20 likewise have a different minimum wage according to the FLSA than the general figure, though it is only in effect for the first 90 days of their employment. $4.25 is the minimum legal hourly wage for employees in such circumstances; after the initial 90 days of employment, their wages must increase to the standard $7.25 per hour.

Legal Services for Violations of the Fair Labor Standards Act

Employees who have experienced unfair treatment from their employers may work with an overtime attorney to help obtain the justice and compensation to which they are entitled. Vethan Law Firm specializes in representing clients who have been victims of FLSA violations. Vethan's overtime lawyers ensure that clients receive the payment they are entitled to according to the act and its individual implications within the state of Texas. They have significant documented success at combatting the common excuses given by employers for noncompliance to the FLSA. They are experts in every detail of the FLSA, therefore able to guide clients in understanding if they have been treated unfairly according to the act and if so, how to proceed in a manner that will result in the deserved compensation.

John West is a legal writer in Houston, Texas.

What Happens if You Are injured in a Public Bus Accident?

Bus accidents, while less frequent than smaller vehicle accidents, still happen. When they do, it can be mayhem all around because of the size and the number of people in the bus. That said, no one knows when accidents can happen. The only thing we know is what to do in the event of one.

Of all vehicle accidents; bus accidents tend to sustain the highest number of fatalities. This is further confirmed by the National Highway Transportation Safety Administration (NHTSA) which says the statistics point to roughly a 37% fatality rate. This is not surprising given the lack of safety features like seatbelts in buses.

The following outlines the important things that we consider extremely useful and helpful in keeping you alive, and most importantly, helping you get the required treatment you need to get healthy and stay alive.

Determine Liability

This is the very first thing you need to do. What caused the accident? Who was at fault? Was it the driver or the other party? Did the other party suddenly cut in front of the bus, thus causing the driver to swerve suddenly resulting in a loss of control? Was the road too wet for traction? Alternatively, was the driver speeding in wet or snowy conditions?

Did the accident happen as a result of a lack of maintenance by the bus company? Did the bus company intentionally overlook some mechanical and electrical issues just to cut costs and save money? Was the accident caused by a jaywalker or an individual who wasn’t alert? Was it caused by an animal suddenly running across the road?

Did the driver suffer from a heart condition that could have impaired his driving? Was the driver too tired or was he suffering from sleep deprivation? Is it possible that he wandered off the road whilst dozing or lost concentration while at an intersection? There are so many questions that you need to ask to prove who was at fault. Starting with these will usually get you started and point you in the right direction.

File Claims for Medical Treatment

Once you get yourself or are checked into the hospital by the EMTs. You or a close family member should start filing for your insurance claims if you have any. It does not matter that the accident is minor or severe. Just make sure that you get a physical within 48 hours after the accident.

This is because going to the hospital after 72 hours will impact your payout negatively. So, make sure you have a clear detail of everything you remember that happened before during and after the accident.

Admittedly, this might be a bit difficult if you suffered a moderate to severe accident. However, whatever you can remember should go in a detailed report. Please note that the claims process is different when the driver's employer is the government.

Suing the Driver and Bus Company

To do this, you would need to get in touch with a seasoned and experienced personal injury and bus accident lawyer. This has to be specific because there are various rules regarding public transport that he will be familiar with. He’ll be able to give you a realistic outlook and possible results based on his experience with such accidents.

If the bus is run by the state government, then the whole thing will take a different turn and can be pretty complicated. Whatever you do, don’t do this alone. Let the lawyers advise you accordingly and take care of any issues that might arise from taking the insurance companies to court if they fail to compensate you adequately.

When not writing, Oscar King works for the Florida Department of Transportation, and has dealt with a number of these sorts of accidents. When they do happen, he usually refers people to Orlando Attorney David Heil for the best consultation and legal reprsentation.

July 29, 2014 is a HOLIDAY in the Philippines

Proclamation No. 826. Declaring Tuesday, 29 July 2014, as a regular holiday throughout the country in observance of Eid'l Fitr (Feast of Ramadhan).

Please be guided.

4 Tips for Getting Compensation for Soft Tissue Damage After an Accident

Soft tissue damage like a whiplash or a sprain is very common among car accident victims. However, unlike other types of injuries involving broken bones, damaged organs and torn ligaments, some soft tissue injuries like whiplash can be quite difficult to prove to your insurance providers or in a court of law. This can often impact your compensation or payout. But, armed with the right information, you can get maximum payout for any soft tissue damages you might have sustained in a car accident.

Take All Preliminary Steps
 Admittedly, getting the other party’s details is the last thing on your mind when you’re injured in a car accident. However, if you’re conscious and able to do so, this is extremely important. Try and get their contact phone number, insurance details, and vehicle plate number, before going to the hospital or leaving.
If it’s necessary, contact the police (usually necessary anyway in most car collisions), then get immediate medical help regardless of whether you feel any pain or not. Some soft tissue injuries do not show up until later. Then, take note of all expenses and costs incurred during the period of treatment.

Consult With a Personal Injury and Car Accident Attorney
This might seem unimportant or even unnecessary at the time, but you’ll find that it’s an excellent decision when you’re suddenly out of pocket by thousands of dollars and wondering how you can get it all back.
Compensation from the insurance provider is meant to help you get back to where you were financially before the accident. And the best way to go about it and get speedy results is by consulting a lawyer. Taking this preemptive step, particularly when you’ve just started seeking medical help, can and will help you in recovering all the money spent on your treatment.

Gather All Documents and Evidence
If you have spent any money or have evidence that points to the fact that you have some serious soft tissue injury, or any other evidence that you think will help your case, get that information together before or during the consultation with your lawyer. You will also want to include a demand letter among the evidence that you gather. Often times, insurance adjusters will try to readjust your claims with the excuse that it’s possible you already had a pre-existing condition or that your injuries aren’t as severe as you say they are. This demand letter will include the details of the accident, the impact of the injury on your work and personal life, present treatments you’re getting and possible future treatments if there will be any.

The demand letter should contain every single important detail you can recall. If you have a video recording or pictures of the accident scene, you should include them along with your demand letter. This is what you’ll present as evidence when you file your compensation claims.

Attempt Settlement Negotiations
Usually, with enough evidence and proof, the defender will probably decide to settle out of court. Just make sure that the settlement covers everything you need it to, this is where your lawyer comes in. He’ll be able to properly assess the offer and advise you accordingly.

If your lawyer says the settlement is appropriate, and you feel it is reasonable, you might want to take it. However, if a reasonable settlement cannot be reached, then you will probably need to take the case to court.

If you decide to file personal injury lawsuit, make sure you get a highly experienced personal injury attorney. This will really help your case in court and will be instrumental to helping you get the best compensation payout possible.

Sources:
http://www.all-about-car-accidents.com/resources/auto-accident/car-accident-claims/writing-a-demand-letter-a-car-accident-insura

Oscar King is a recent graduate from FSU School of Law and is presently employed as a personal injury lawyer in the Tallahassee area. Originally from Melbourne, he recommends those seeking personal injury care in that area consult with the Law Offices of David R. Heil if they should need legal consultation after an accident.

5 Important Questions to Ask Yourself Before Filing for Divorce

The emotions are boiling over and you’re at your wits end. Maybe you’re emotionless because you’ve already given up on the situation.

Whatever the emotion, or lack thereof, the realities of filing a divorce are a little different – they must be looked at rationally. I fully understand how difficult this may be, given the nature of the problem, but asking yourself a few vital questions prior to filing for divorce will save you from further headaches in the future.

Going after what makes you happy and never settling for things that act against your character are two very important ideals. But unfortunately, the world does not always support ideals and you must make decisions that sacrifice (or at least bend) some of your principles. Hopefully, these five questions will help you with your dilemma.

Questions to Consider

Have You Thought About the Consequences? – Assuming that the divorce is not due to abusive treatment or unfaithfulness, have you really thought about what this decision will do to others? If you have a family or struggle alone financially, you may want to really think about whether the divorce is rational or just emotions getting in the way. All marriages have fighting, but asking the true questions of love and commitment may be needed if you have other real-world obligations.

What about the Children? – Many people in modern society claim that you’re not truly married until you have kids. Children are a blessing, but also provide another layer of commitment on the part of adults – both to each other and the new family. When kids are involved, other lives are at stake in your decisions. Ask yourself, “Who will care for the kids?” Many marriages actually stay together because of children, which could be a blessing or a curse, depending on the real problems of the adult relationship. Identifying these problems is crucial to deciding whether to stay together or divorce. Will the child be better off with two separated parents or a potentially dysfunctional family?

Are We Financially Capable of Divorce? – Finances are considered the number one reason for divorces or continual family problems. Ironically, they are also one of the biggest reasons why adults stay together. Joint incomes and tax filings favor marriages in the United States and people find living together as a married couple is more affordable and manageable. In fact, many older Americans (maybe previously divorced) will marry a friend or long-term girlfriend purely for the financial benefits of not being alone. Rationalize the real reason for your divorce and conclude whether you’re divorcing for happiness or because of recent arguments.

It’s a Long, Long Road to Normality – Not only are there emotional rollercoasters associated with divorces, but other issues will also come into play. Temporary orders may be made for custody and financial support, but eventually a lawyer needs to be hired and custody courts will decide who obtains custody of the child and what the financial break-ups may be. After going through this process, many couples decide to stay together because they know the ramifications of their decisions. In fact, courts have a “cooling-off” period built in because of amount of couples who reconsider their decision.

Living Conditions and Ownership – Particularly with families that split responsibility for financial obligations, have joint bank accounts, and co-sign loans or mortgages, divorcing is not simply “putting pen to paper.” There are processes that must be handled during busy schedules that could carry on for long periods of time. Both parties will be responsible for the debt obligations and mortgage payments, and joint bank accounts must be closed to secure cash for both parties.

Every problem has a solution in the world, it’s just that some of them are harder to solve than others.  Ask yourself if you’re willing to solve it and what the possible consequences are for finding a solution.