Though a divorce attorney is not necessary in New Jersey, having somebody there who is familiar with the law and the accompanying paperwork, a person who can remain emotionally detached during negotiations, and a lawyer who can propose solutions previously unconsidered is undeniably important. Make no mistake, though a divorce attorney is not required – it definitely makes divorce a lot easier. Division and separation of property and assets One of the most complex components of the divorce process is the division and separation of assets. The possible assets that may be divided are the primary family home, bank accounts, stock options, financial investments, retirement accounts and other compensation packages, … Continued
Even though a will attorney is not legally required for the creation of a valid will, a lawyer can help assuage some of the fears running throughout the process and can be very helpful in most situations. A valid will In New Jersey, the requirements for execution of a valid will includes three components: The will must be in writing (preferably not handwritten) The will must be signed by the person (testator) making the will The will must be witnessed by at least two adults Reasons to consult with a will attorney To explore the available options to pass assets to the next generation A will attorney can assist with … Continued
Consultation with a will lawyer is important because wills not only provide post-mortem directions for asset distribution but also instruct how to manage the remaining estate. In particular, people with larger families or more money should prepare wills to protect spouses, children, and their money. Depending on one’s goals, creation of a specific type of will better instructs remaining loved ones on how the recently deceased person would like things handled after their death. Last Will and Testament  A Last Will and Testament is the most common will in New Jersey, with standard direction to loved ones after one’s passing and direction on how to divide assets among family and … Continued
Many individuals surprisingly do not have an estate plan and have never consulted with an estate planning attorney.  In fact, many do not have a will, with even fewer having an estate plan.  This is partially due to the stereotype that estate plans are only for people with a high net worth or large amount of assets.  This is simply not true.  Estate planning attorneys should be consulted by every individual that have any assets, children, or family members. Beneficial to everyone involved Without some estate planning, family members have to handle the distribution of a loved one's assets, payment of taxes and funeral arrangements on their own. These tasks only make … Continued
The National Coalition Against Domestic Violence (NCADV), states that in the United States one in three women and one in four men are victims of domestic violence.  It is one of the least discussed legal issues even though it can become a fatal situation.  New Jersey domestic violence lawyers can be the beacon of hope many victims need.  However, domestic violence victims often don't realize that there are lawyers in New Jersey that specifically serve them.  There are many support groups and hotlines that are available to victims, however, these are sometimes only band-aids that don't address the bigger threat.  Domestic violence lawyers are the greatest source of support for … Continued
Most individuals will be spared the unfortunate event of having to appear in court for violations of the law.  However, if you are to ever appear in court, chances are you will have to appear in municipal court, sometimes known as "the people's court" in New Jersey.  Municipal court judges hear cases ranging from traffic violations to misdemeanor criminal charges. While it is not uncommon for those individuals that must appear in municipal court to believe they can go it alone, this is a big misunderstanding of the municipal court process.  One of the major roadblocks to hiring legal representation in municipal court is the cost of representation. In this … Continued
In the United States today, more and more forms of alternative settlement procedures have become popular.  This is not only seen in the New Jersey legal field, but also in the financial field.  When a brokerage firm enters into an agreement with a client to handle their investments, the contract often includes an arbitration clause.  This is results in clients, usually unknowingly, waiving their right to sue their investment broker if the investment is mismanaged.  While arbitration is still an avenue to recover lost funds, participating in arbitration without a skilled securities arbitration lawyer could result in financial ruin.  This article outlines the importance of legal representation in securities arbitration … Continued
Before hiring a divorce attorney, it is important to ask questions to better understand the process. Going over other important factors such as the amount of time it will take, the costs involved, and what happens in the event that the proceeding does not go according to plan can also help the process. Questions to ask your divorce attorney How long will it take? Though divorce proceedings obviously vary, the typical divorce proceeding will last between 4 and 18 months. Throughout this time, court appearances usually number in the range between 5 and 10. In addition to these official court appearances, a couple of case management conferences are also likely. … Continued
In New Jersey, child custody arrangements focus solely on the best interests of the child. This standard influences how New Jersey courts create custody arrangements, determine child support, share parenting time and other responsibilities, and sometimes limits their out-of-state travel. Custody arrangements New Jersey courts create custody arrangements in the “best interests of the child.” Similarly, the New Jersey legislature believes contact with both parents is in the child’s best interest. However, depending on the individual circumstances, the courts consider non-exclusive factors. These factors include the child’s needs, the home environment’s stability, the relationship between the parents, and their ability to communicate and cooperate with one another, etc. When parents … Continued
Preparing a will can be an unpleasant process to think about but our team can make it much easier for the client. Not only does the notion of death add a great amount of stress to any situation, but it also requires itemizing property and determining how it will be assigned after death.  We can help the client navigate the process and ensure the will is up to the client's standards. Here are a few common mistakes that we see people make when it comes to the creation and updating of a will. Mistakes to avoid when preparing a will Not having a will The largest mistake a person can … Continued