Hire the best divorce lawyer to fight for your right

by DAMEY FLOWER

Marriages are made in heaven but on earth sometimes problems may crop up. When the differences between couples become irrevocable they may decide to go in for a divorce or a mutual separation. When a once - happy marriage ends in a divorce it an emotionally trying time for not only the couple but also for both the families involved. The situation gets further aggravated if children are also involved in the divorce proceedings. Major details need to be sorted out among the couple who are not in the frame of mind to deal with sensitive issues. In such a circumstance it best for the individual to seek the advice and guidance of the best divorce lawyer and allow the professional competent lawyer to favorably handle the case for him or her.

The best divorce lawyer is usually someone with a track record of successful cases to his name. The lawyer is also well equipped to deal with both the technical and legal issues that crop up in a divorce. Especially when a divorce turns ugly and the couple is involved in an embittered fight for legal rights it is best to seek the counsel of the best divorce lawyer. A divorce involves many separate aspects like the financial settlements of the assets that belong to the couple whether jointly or individually. The divorce case gets further complicated when no pre-nuptial agreements are in place. Another sensitive issue that is common to many divorce cases is the decision regarding the child custody. It can be a difficult and emotional decision for the couple to make and it is best to let the best divorce lawyer handle your case and help you in getting the custody rights of your child.

The best divorce lawyer will also be the most competent person to handle and sort out the alimony settlement of the spouse whom he is representing. The spouse who has hired the better lawyer will definitely be in a stronger position to bargain for justified alimony rights and can tilt the case in their favor. The divorce cases involve many legal loopholes that only an experienced lawyer can discern and handle with care. The best divorce lawyer is also well equipped to deal with the emotional situation of the client and in tough times like this it is often that the lawyer becomes the client’s best friend and emotional support.

A divorce is always an unpleasant situation but however when the couple has no chances of a positive reconciliation it is perhaps the best way to go separate ways. Divorce under such circumstances is not only the best option but is also inevitable sooner or later. So it is the most practical way to hire the services of the best divorce lawyer and settle out the divorce proceedings in a manner most advantageous to the client. A divorce should not be considered as the end of a life but rather as a fresh opportunity given to the individuals to start their life all over again.

Damyel Flower is an exprienced divorce lawyer.He has successfully handled many divorce cases.He gives advice to clients who are looking for a art lawyer,best divorce lawyer,celebrity divorce lawyer.To hire services of a lawyer in New York and any legal advice visit www.mtllp.com

Are Prenuptial Agreements Affected by Changed Circumstances?

by Curtis J. Romanowski

People who go through the bother and expense of entering into prenuptial agreements, sign the agreement with the expectation that the agreement will be enforceable and will give them the future protection that they seek. Fundamentally, we are talking about a contract between competent adults, which should ordinarily be enforceable and not subject to modification. Unfortunately, prenuptial agreements are routinely attacked at the time when party or the other seeks to invoke its terms.

Clients must therefore understand that contracts for goods or services are different than contracts between married people, or between those who plan to be married. In New Jersey, the New Jersey Supreme Court in the case known as Lepis V. Lepis, created the quintessential loophole, enabling potentially endless modifications of family support provisions, regardless of whether they were ordered by the Court or stipulated to by the parties. The only requirement for this review is a significant and relevant change of circumstances.

Such contract-loosening changes are typically required to be unanticipated, substantial and non-temporary. The powder keg language of Lepis reads as follows: "Contract principles have little place in the law of domestic relations." That being said, NJ divorce lawyers must pay close attention to five key points.

First, it is important to note that properly drawn prenuptial agreements are given the initial presumption of validity. By "properly drawn" we mean that the parties were independently represented by counsel, that there was no coercion or duress, that there was an appropriate level of financial disclosure, and that the agreement was essentially fair.

At the time of attempted enforcement by one party, the burden of proof for showing that the agreement is somehow unconscionable is borne by the party seeking to avoid enforcement. Otherwise, the prenuptial agreement should be enforced.

Second, a prenuptial agreement will not be considered to be unconscionable unless it can be shown that enforcement of the agreement will result in a standard of living for any party that is "far below that which was enjoyed before the marriage."

Third, soon after the Supreme Court's finding in Lepis, clever New Jersey divorce attorneys came up with the idea of incorporating anti-Lepis clauses into their property settlement agreements. This sort of thinking can be applied to the drafting of a prenuptial agreement as well. Such clauses can prevent alimony liabilities, or can ostensibly limit them in the event of divorce. To add yet another level of complexity, the anti-Lepis clause itself can be the subject of a modification motion. As equivocal as this may sound, sometimes these clauses are enforceable, and sometimes they are not.

Fourth, if the objective is to attack an antenuptial agreement at the time of attempted enforcement, the New Jersey divorce lawyer is wise to read the case of Marchall v. Marchall. In Marchall, the Court stated that antenuptial agreements should be regarded as subject to modification by reason of "changed circumstances" in the same manner as property settlement agreements. This statement, however, was only in dictum, and does not fall into the category of binding precedent. Notably, Marchall was only a Trial Court decision, and therefore not binding on the courts of other counties, as an Appellate level or Supreme Court level decision would be. The Marchall decision was also decided four years prior to the adoption of the Uniform Premarital Agreement Act in 1988. Furthermore, the Marchall decision predated the Appellate level decision in Morris v. Morris, which case expressed the teter totter viewpoint that sometimes anti-Lepis clauses are enforceable and sometimes they are not.

Fifth, the case of Pacellii v. Pacelli must also be explored. In Pacelli, a mid-nuptial agreement was involved. This agreement was entered into between the parties some 11 years after their marriage and after having two children. The Appellate Division refused to enforce this agreement. The Appellate panel found that the agreement was unfair when it was entered into in 1986 and likewise unfair when enforcement was sought in 1994. The Court did not believe that such mid-nuptial agreements should be treated the same way antenuptial agreements are treated. The Appellate Division opined that "the dynamics and pressures involved in a mid-marriage context are quantitatively different."

When a prenuptial agreement is executed under circumstances devoid of coercion or duress and where the requirements of the Uniform Premarital Agreement Act are met, Lepis should not apply, and the agreement should not be modified. The only exception would be under the unconscionability standard of the act. Ironically, that is exactly the same standard that was used for modification of New Jersey matrimonial agreements prior to Lepis, under Schiff v. Schiff. Apparently, sometimes the old ways are the best ways.

About the Author
This article was written by Curtis J. Romanowski, Esq. of Romanowski Law Offices. Voted "New Jersey Super Lawyer Family Law" for the second consecutive year.

Premarital and Living Together Agreements - Do You Need One?

by Glenna Tooman

Nearly everyone dislikes the idea of creating a legal agreement to govern his or her relationship. It seems to take the spontaneity and trust out of the relationship and reduces it to a business arrangement. However, in some cases it may be the right thing to do.

First, let's look at the difference between the two agreements. Premarital agreements are created between two individuals who are planning to get married in the near future. Living together agreements, also called property agreements, are created between two individuals who do not plan to marry immediately or perhaps at all, but who may accumulate property together. This can include same-sex couples and long-term roommate situations, as well as couples who choose to live together for an extended period.

Pre-marital Agreements: Generally, a premarital agreement is a good idea when one or both parties brings property into the marriage, one makes a larger income, or one or both owns a business. It becomes a necessity if children are involved. The agreement will indicate the property owned by each individual before marriage and how property purchased after marriage will be owned, managed, or controlled. It may also cover such issues as how jointly incurred bills will be paid. If one spouse has children or grandchildren, that person may indicate through the agreement (and a will) to leave the bulk of their estate to their heirs at the time of death rather than leaving it to the surviving spouse. The agreement will also cover the details of any settlement or alimony should the marriage end in separation or divorce.

The Uniform Pre-Marital Agreement Act is a federal law that provides legal guidelines for premarital agreements. Agreements are usually enforceable in court unless it can be proven that one party was forced to sign the agreement against his or her will or that the agreement is written in such a way as to promote divorce, such as providing an unusually large settlement.

Living Together Agreements: Living together agreements also indicate the property that each party brings into the relationship. The agreement spells out how property jointly acquired during the relationship will be owned and what will happen to the property if the couple separates. The agreement may also indicate how money will be handled (does each person handle their own; will they have a joint account; or some other arrangement). If the couple later decides to marry, the living together agreement will no longer be valid and should be replaced by a pre-marital agreement.

Non-financial issues, such as who does the cooking and who does the laundry, are not covered by either a premarital agreement or a living together agreement. An attorney should prepare both agreements, since the simplest of mistakes can make the entire agreement void.

Though you may not like the idea of signing a pre-marital or living together agreement, having one could protect you and your assets if your relationship should end, particularly if it ends on less than friendly terms.

Copyright © 2002, Glenna Tooman, Memory Makers Event Planning, LLC; all rights reserved

About the Author
Glenna Tooman is the owner of Memory Makers Event Planning, LLC. located in Boise, Idaho. Glenna is an internationally recognized authority on wedding and event etiquette. She writes extensively on issues of interest to the event planning industry and to small businesses. Visit her web site at www.memorable-events.com.

Divorce Lawyer Costs - 4 Costly Mistakes to Avoid

by Steve C

The overall cost of your divorce can be impacted by several behaviors you may be able to control. When a marriage dissolves there are several important topics that need to be addressed and sorted out such as child custody and visitation, division of property, and support. Recognizing the following 4 behaviors and how to manage them ahead of time may be able to help your divorce lawyer properly gather the information he/she needs to put your case together and can reduce your divorce costs at the same time.

(1) Having unclear objectives
(2) Being overly enmeshed in your case
(3) Using your lawyer as a therapist
(4) Expecting justice in the courts

Having unclear objectives
One of the biggest mistakes you can make at the outset of your divorce is to not know what it is you hope to accomplish. Before you begin filing or responding to divorce motions, you would be wise to discuss your goals, objectives, and what results you can likely expect with your divorce lawyer. Having such a discussion with your divorce lawyer can help reduce the chances of unnecessary litigation, help you understand what you can likely expect through your divorce, and what the costs may likely be.

Being overly enmeshed in your case
Divorce typically deals with topics that bring about high emotions and intensity, which may result in a spouse becoming overly indulged or enmeshed in his/her case. When this happens, it is not uncommon for a spouse to supply large amounts of irrelevant research material to his/her divorce lawyer, which can drive up the costs of attorney fees. Additionally, a spouse that is enmeshed in his/her case, may begin micromanaging their divorce lawyer's work, which can create more work for his/her divorce lawyer and be counter productive. Setting clear objectives and goals and knowing what to expect from your divorce lawyer in advance can help reduce the tendency to become overly enmeshed in your case.

Using your lawyer as a therapist
Due to the high emotions that typically go along with divorce, it is not uncommon for spouses to begin venting or discussing problems they had in their marriage or how they feel about the other spouse with their divorce lawyer. Many times, these types of discussions are strictly emotionally based, add no value to the client's case, and are discussion better suited for a therapist, not a divorce lawyer. Divorce lawyers are typically concerned with facts, not feelings. Additionally, the time a spouse spends in these types of emotional communications with his/her divorce lawyer can add up in costs very quickly. Before initiating communication with your divorce lawyer, decide if the communication is strictly to vent or to pass on worthwhile information on to him/her.

Expecting justice in the courts
Spouses many times believe that if they can just have their day in court, justice will prevail. Spouses who believe that the courts are going to give them justice are often misguided and end up extremely disappointed with the results. Better results and happier divorce endings are often accomplished through mediation and/or stipulated agreements. When a judge makes a decision, it is rarely a win-win decision for both spouses. To manage your expectations of justice in the family courts, you would be wise to consult your divorce lawyer to help you determine what results you can likely expect if your case goes to trial.

© 2006 Child Custody Coach

About the Author
Child Custody Coach provides child custody information and help. "How to Win Child Custody" is a custody strategy guide. Custody Match help you find a divorce lawyer, family law attorney, or child custody attorney.