Today in 1865, slavery officially ended in the United States. The celebrated day goes by the name “Juneteenth” which is short for June 19th. Today is also known as Freedom Day or Emancipation Day. On this day in 1865, Union General Granger, along with 1,800 federal troops, traveled to Galveston, Texas and read General Order Number 3 to the citizens of Texas that stated, “…all slaves are free. This involves an absolute equality of rights and rights of property between former masters and slaves, and the connection heretofore existing between them becomes that between employer and free laborer.”. The Emancipation Proclamation had been issued by President Abraham Lincoln 2 years earlier but Texas plantation owners had withheld the information.

On June 19, 1865, 250,000 people were freed in the state of Texas. Juneteenth became an official Texas state holiday in 1979 and is celebrated all over the country. However, Texas is the only state to recognize it as a state holiday. There are many people are calling for Juneteenth to become a nationally recognized holiday. Whether it is an officially recognized holiday or not, many communities across the United States are celebrating today with parades and educating others about this part of American history.

 

Source:

https://www.usatoday.com/story/news/nation-now/2017/06/19/what-juneteenth-day-marks-end-slavery-united-states/407927001/

June 14th is National Flag Day in the US and although it is not as largely celebrated as some of the larger American holidays, it is day that Americans celebrate their country’s beginnings. Flag Day is a holiday that celebrates the creation of the American flag and what it stands for. The design for the American flag that we know today was agreed upon by the Continental Congress on June 14, 1777. The resolution for the flag read: “Resolved, that the flag of the United States be thirteen stripes, alternate red and white; that the union be thirteen stars, white in a blue field, representing a new constellation.”  Now, while the birth of the United States has been officially recognized by Congress since 1870, Flag Day was not officially recognized by Congress until 1949.

There are many different stories as to how Flag Day came to be. One of the most popular claims about the origins of Flag Day is that it was started by school teachers across the US in 1877, a hundred years after the design for the flag was adopted. Teachers were conducting patriotic ceremonies in the classroom as a means to teach their students about American history. One of the teachers, Bernard J. Cigrand, lobbied Congress for years in order to have the celebration of the flag become a recognized holiday. Cigrand was dubbed the “Father of Flag Day”. Other patriotic groups also fought for the flag to have its own day of celebration but to no avail. Both President Woodrow Wilson, in 1916, and President Coolidge, in 1927, declared that June 14th was to be National Flag Day; however, Flag Day was not made official until 1949 by an Act of Congress.

 

Sources: https://www.va.gov/opa/publications/celebrate/flagday.pdf

http://www.pbs.org/a-capitol-fourth/history/old-glory/

http://www.pbs.org/a-capitol-fourth/history/history-independence-day/

A divorce is a life changing decision and effects not only the couple, but any children involved as well. Divorce brings about big changes in a child’s life and it can be hard to help them adjust to the situation. When children are part of a divorce, it’s important to take them into consideration and make sure that they are not put into a daunting or confusing position. Children are very impressionable and having a good parental influence in their lives will undoubtedly benefit them. You may be angry at your spouse, however, they are still the parent of your children. Be mindful of what you say about your spouse around your child as this will affect how they view you and your spouse for many years to come.

When it comes to the legal system, harsh words, such as custody and visitation, are thrown around and may be overwhelming for child. Coming up with words that are more kid-friendly, such as ‘parenting-plan’, may help to ease your children into the transition that is taking place.

The transition for children during a divorce will take some time. Even if you and your spouse don’t move far away from each other, your children will miss the presence of their mother or father on a regular basis. It will be difficult for them to understand why their other parent is not around constantly. It is important to have a regular schedule to be with your children so that they can have consistency in their lives and see both of their parents regularly. Your regular plans for holidays and birthdays will also take some rearranging.  

There is a lot that goes on in a divorce and it can be overwhelming. Our lawyers here at Gathings Law are here to help. We will ensure that this time in your life isn’t harder than it has to be for you or your children. If you or someone you love is going through a divorce, let us be there for you.

Divorce can be an intimidating word and when you’re getting ready to get married, it is hopefully one of the last words on your mind. Flowers, friends, and forever are often more of the words on your mind. However, it can be a good decision to take a little time and think about protecting your assets. A prenuptial agreements is not the most romantic item on your wedding to-do list, but it could just be the most important. However, prenuptial agreements have a bad reputation and there are many myths surrounding them. Let’s debunk some of them.

1. If I sign a prenuptial agreement I’m not really in love. This couldn’t be farther from the truth. Life rarely goes according to plan and it is always in your best interest to make sure that you are prepared for whatever may come your way. Signing a prenuptial agreement does not make you more likely to get a divorce but, if done correctly, it will ensure that your assets remain safe in the event of a divorce. This doesn’t mean that you love your spouse any less. Divorce is hard on everyone involved and emotions can be high. In the event of a divorce, a prenuptial agreement will ensure that your assets are protected.

2. Prenuptial agreements are only for the wealthier spouse. Prenuptial agreements, by design, are meant to protect both spouses in the event of a divorce. They are meant to be fair to both parties and a prenuptial agreement that is unfair or heavily favoring one side can be questioned by the court.

3. I don’t need a prenuptial agreement because I am not rich. Prenuptial agreements are not meant to protect only wealthy people. They ensure that if something happens, your assets and your future are protected.

Proper prenuptial agreements can be difficult; they require a full disclosure of all current assets and obligations. Our team at Gathings Law will develop a plan for you that will ensure that your agreement remains valid even though your financial or personal situation may change drastically during the course of your marriage. Don’t let the myths you hear about prenuptial agreements stop you from protecting yourself and your assets. If you or a loved one is getting ready to celebrate a wedding, call us at Gathings Law so that we can protect you from the “what if” so all you have to worry about is the “I do”.

Summer is finally here. School is out and families take this time to be with each other and often travel and take extended vacations. Unfortunately, more people on the road means the risk of an accident increases. We here at Gathings Law want to make sure that you stay safe out on the roads so that your family vacation is memorable for all the right reasons. In order to stay safe, here are some helpful tips from the National Highway Traffic Safety Administration (NHTSA):

1. Always buckle up. It doesn’t matter if you’re just going for a short drive, you never know what could happen and it could just save your life. You should also make sure that everyone in the car is buckled too.

2. Don’t drink and drive. This is a rule that everyone has heard over and over again, but not everyone abides. There are drivers out there that think, “That will never happen to me” or “I haven’t had that much to drink.” If you have been drinking, you should not be driving. When you combine drinking, and driving you’re not only putting yourself at risk but, you’re endangering the lives of everyone around you. If you know you’re going to go out drinking, take a cab or another type of car service to your destination so that you aren’t tempted to get behind the wheel. There are many car service apps available on your smartphone, such as Uber, that it would be beneficial for nights out. You can also store the local cab service’s number in your phone before you go out or ask a bartender to call a cab; they want to make sure you get home safely too. There is no good reason anyone should be drinking and driving when so many other options are available.

3. Check your tires before you go. You may be ready to hit the beach, but before you go you need to make sure that your tires are as ready as you are. Don’t forget to check the wear and tear on your tires and check the air pressure. If your tire gives out, it could put a real damper on your vacation and potentially be very hazardous. You also want to make sure that you have a spare tire readily available just in case.

4. Watch out for the kids. Make sure that any children traveling with you are properly secured, either in car seats or boosters seats. Also, don’t leave any children unattended in a hot car, summer heat can be dangerous.

Wherever your travels take you this summer, know that if you or someone you love is injured on the road-we’ve got your back. Give us a call, we’re here to help.

If so, you are not the only one in that boat. Most small businesses can get into this situation from time to time. We understand that because it has happened to other small business clients represented by my firm. The presidents or owners of some of these businesses either could not afford to pay a high priced law firm on an hourly rate, or did not want to dig into their personal assets to do so.

My firm has in the past and will continue to represent small businesses in contract cases on a contingency basis so that our representation cost you nothing unless we obtain a recovery for you. Give me a call if we can be of help. The initial conference is always free.

Lloyd Gathings

Owning a business with other people can be a difficult proposition, particularly if you only own just a minority share of a business. You may not have an active role in the business but you still have your own money tied up in its operations. And you can feel trapped if you feel the company is being run poorly and your assets are being wasted, but the other owner or owners may not let you into the management of the company.

We see this situation occurring in family-owned businesses where one or more family members is taking all or most of the cash out of the corporation or diverting receivables to another business owned by them alone.  Sometimes a family member sells off assets of the corporation and keeps the money for themselves.  Not only does this deprive the other stockholders of corporate returns, if left unstopped a bankruptcy may not be too far around the corner.

Fortunately, if the situation cannot be settled out of court, the Code of Alabama provides relief. State law gives shareholders some options under § 10A-2-14.30:

“The circuit court of the county where a corporation’s articles of incorporation are filed . . . may dissolve the corporation:

. . .

(2)  In a proceeding by a shareholder if it is established that: 

. . .

(iv)  The Corporate Assets are being misapplied or wasted.”

 

If you find yourself in this situation, give us a call for a free, confidential conference to further discuss your case. We would love the opportunity to help.

Lloyd Gathings