There is a lingering misconception that living together for a certain length of time in New Jersey, such as seven years, can trigger a common-law marriage that provides certain protections. There are a very small handful of states that still offer some type of common-law status, but New Jersey is not one of them. Common-law […]
Divorce Law and Lawyers
How is the end of a domestic relationship different from a marriage?
When long-term relationships end it can sometimes be an unfortunate crash course in the legal difference between marriage and cohabitation. Couples who marry legally obtain tax breaks, inheritance rights, and various spousal benefits including health insurance. Marriage also confers certain legal rights to property and support in the event of divorce. Should the union end, […]
What questions should you ask when hiring an attorney?
There’s a lot that goes into trying to find the person that you can work with so it will be a good and successful fit. Certainly, one of the most important things to explore when you’re sitting down with someone in that initial meeting and you’re considering hiring someone to represent you is the issue […]
What should a woman look for in a divorce lawyer?
For women who are feeling very fearful about their future, it can be tempting to hire the stereotypical shark or a pitbull attorney who promises to take their ex to the cleaners in court. The sad truth is that the shark attorney knows that they can prey on this sphere to their advantage, usually by […]
What kind of divorce lawyer should men seek out?
Men need a family law attorney who is experienced in the issues that matter most to them, with the proven experience to guide them toward their goals. You want someone who is going to explain your options and help you choose the best path forward. With that said, as you interview different attorneys and firms, […]
If a party decides not to retain a lawyer will they be held to the same standards in court?
In Illinois individuals who represent themselves are referred to as pro se litigants and are held to the same standards as a licensed attorneys. This means pro se litigants are expected to know the law, the rules of courtroom practice, and all professional standards. This is obviously an extremely difficult, if not impossible task for […]
How can an attorney help resolve the division of assets and debts?
That’s one of the main things that an attorney can do to help parties resolve this subject, because some clients think, Oh, we’re just going to divide everything 50-50, so they think every bank account, every retirement account is going to be split in half. That’s not realistic and it’s not a smart way to […]
Is there such a thing as too much information when talking to your attorney?
Often, no. Communication is vital to a successful relationship with your attorney. While not every detail about your marriage or situation is always completely relevant to your representation, it’s very important that you feel comfortable disclosing information to your attorney. Also providing more information rather than less can help your attorney with your case. Experienced […]
What type of documentation does an attorney need to help someone enforce an order?
Communication records – whether they’re emails, letters, or texts – are not preferred because it’s hard to get those from the source, they don’t have a timestamp generally. Receipts are very important, invoices are very important, proof of payment is very important. All of those things would be helpful to seek enforcement. Ultimately when an […]
Does fault ever play a role in asset division?
Both Oregon and Washington are no-fault divorce states, as are most states in the United States. There are just a couple states that allow fault. But when you talk about gambling and an affair, they’re actually two different things. Gambling is an addiction like drug abuse and other things like that, and typically if a […]
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