Tuesday, January 29, 2008

Progressive Writing Tips For The Persuasive New Jersey Divorce Lawyer (II)

Submitted By: Curtis J. Romanowski

Always avoid passive voice and nominalizations. Active voice sentences use a subject-verb-object construction. The subject is the actor. Because it is in the beginning of the sentence, we focus on the actor and what the actor is doing to the receiver or object.

* Lori filed a motion.

* Sam’s attorney missed the statute of limitations

Passive voice flip-flops this construction so that the receiver of the action comes first, and the verb to be precedes a past participle.

* A motion was filed by Lori.

* The statute of limitations was missed by Sam’s attorney.

Active voice is bolder and more direct than passive. In addition, passive construction waters down the verb, adds unnecessary language, and decreases readability.

Passive voice does have its place. For example, you may want to focus on the receiver of the action or shroud the actor. Politicians often use passive voice to deflect attention from their shortcomings. "Mistakes were made." This construction leaves out the actor altogether.

Finally, in addition to avoiding passive voice, you should also avoid nominalizations. Legal writers love to take robust verbs and convert them into anemic nouns:

The husband’s intention was to sue for custody. [Better: The husband intended to sue for custody].

An attempt at deceiving the wife was made by her husband. [Better: The husband attempted to deceive his wife].

Eliminating the nominalization leads to pithy, dynamic statements.

K.I.S.S.

Impress the judge with your logic rather than your multi-syllabic vocabulary. Remember, your goal is to communicate. Strive to use simple words whenever possible. Try not let yourself (or your client) sound like a cop. Use "car" or "automobile" instead of "motorized vehicle." Or better yet, if the wife was driving an SUV or a silver Nissan Sentra, say so. Don’t ever say "proceeded in a Northerly direction." Consider the following rhetorical diet plan:

Instead of: Try:

Adjacent to -> next to
Altercation -> fight, brawl
Commence -> start
Intoxicated _> drunk
Prior to -> before
Subsequent to -> after
Terminate -> end, fire
Utilize -> use

Create Visual Impact

* avoid underlining and bolding; let your writing create emphasis;

* refrain from using all capital letters in headings, or for that matter, anything you want people to read;

* add charts and diagrams when appropriate; and

* limit the number and length of footnotes.

One last comment for on fonts: Use Courier whenever possible. While Times and fonts from that family are widely used in books and newspapers for their readability, there is nothing more "in your face" than Courier. If you're reading thousands of words late at night, nothing beats Courier.

Generally, a font with serifs is more readable than a font sans serif. A New Jersey Divorce Lawyer should never use more than one serif font and one sans serif font in one writing. I recommend a bold or black sans serif font for headings and Courier for the body text.

Happy writing!

About the Author:
By Curtis J. Romanowski, Esq, New Jersey Divorce Lawyer: http://www.divorcenewjersey.com/ Voted New Jersey Super Lawyer, Family Law for the 2nd consecutive year, expert in NJ Divorce law & Child Custody Law. Link to this site when using this article.

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Progressive Writing Tips For The Persuasive New Jersey Divorce Lawyer (II)

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Wednesday, January 23, 2008

Advantages Of An Uncontested Divorce Versus A Contested Divorce

Submitted By: David Fagan

An uncontested divorce is the only way to go when getting a divorce. For one, you do not need an attorney, the divorce is done in private, and issues can be negotiated 1 on 1. You may need an attorney if you can not make an agreement of every issue you negotiate. Disagreements you should be ready for are the grounds for divorce, payment of family debts, visitation rights, division of the assets of the marriage, child support, alimony, custody of the children, payment of health insurance for the dependent, contribution toward educational expenses, and income tax.

It is important that you negotiate all the issues of the divorce before you file for an uncontested divorce. Uncontested divorces are given an identification number and are considered by the court as an issue that will eventually need trial time in order to resolve problem issues in the divorce. This is because until you two get all the issues of the divorce case negotiated your uncontested divorce is considered a "Contested Divorce".

When all the issues are negotiated you can then stipulate to the court to have the matters heard as an Uncontested Divorce or "no fault divorce" matter. The court will then expedite the Hearing then they will hear proof of the agreement of the grounds of the divorce. The proper way to prove the grounds of the divorce is with an Uncontested Divorce form. Id highly recommend you to get your form from legalformsbank.biz for your state's specific up-to-date Uncontested Divorce form. Be aware of sites where you must type in your personal information so they can "generate" your legal form. Not only are you giving someone else your extremely sensitive information that could be used for all kind of identity fraud, your liable to have your money and information taken from hackers who put up legitimate looking sites then disappear off the net without ever giving you your Uncontested Divorce form.

About the Author:
Nicholas Fagan is proud to be an author of http://LegalFormsBank.biz providing information for legal do-it-yourselfers. We provide your state's specific, do-it-yourself, printable Uncontested Divorce form. - http://legalformsbank.biz/uncontesteddivorceforms.asp

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Advantages Of An Uncontested Divorce Versus A Contested Divorce

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Friday, January 18, 2008

Progressive Writing Tips For The Persuasive New Jersey Divorce Lawyer (I)

Submitted By: Curtis J. Romanowski

As New Jersey divorce lawyers, most of us take great pride in our writing ability. By now, it’s become second-nature to us and familiar to the staff members we’ve trained. It’s not confusing, tedious or long-winded to us. We say what we mean, mean what we say, and get right to the point. Or, so we’d like to believe.

When we write, we are attempting to transfer our thoughts to or readers. What we do is difficult at times, largely because we are often dealing with highly complicated subjects. The task is elevated by yet another level of complexity when we take note that we are often writing for emotionally brittle clients, contentious adversaries and harried Judges. Apart from knowing why you are writing and who you are writing for, the following techniques are helpful for meeting the challenge.

Stop Writing Like a Lawyer

1. Lose the latin. Phrases like sub judice, arguendo, inter alia and vel non interfere with communication. The odds are that you were impressed the first time you read them coming from a more experienced New Jersey divorce lawyer when you were only starting out. So, you folded them into your own writing style, believing that others would also be impressed. The only thing worse would be starting to talk that way.

2. Ditch the "law-bonics". The "here" words like herein, hereto, heretofore and hereinafter sound bloated and lack precision. Duh would be a welcome break in some instances. Instead of saying, "which copy I have attached hereto and incorporate herein as Exhibit A," simply say it is attached. Or, a better example: "A final Judgment of Divorce was entered on January 5, 2002 [Exhibit A]." No one will be confused.

If duh can pinch hit for the "here" words, duy can go in for the adorable yet useless phrase, "the above-captioned matter." Think about it. If you are writing to a Judge about the case of Dumb v. Dumber, do you really think that the judge will think that you are writing about a suit other than the one in the caption? You can drop the entire phrase, and simply write. "I represent John Fox," instead of writing "I represent John Fox in the above-captioned matter."

3. Garden variety is good. Even when writing to other New Jersey divorce lawyers or judges, adhere to the everyday, sixth grade level usage of words. For example, don’t use "said" as an article.

Before: Defendant absconded with said joint marital funds.
After: Defendant took this money.

Don’t use "instant" instead of "this." When a brief begins with "The instant matter arises out of…" most readers start to think about sucking on gas pipes.

4. Pronouns: Don’t take them personal. Writing without pronouns sounds forced. No one will get confused if you don't wear out people's names. The word same, however, is not a pronoun. Using it rates a dur.

Before: After affixing your signature to your Case Information Statement, please return same to the undersigned.

After: After signing your Case Information Statement, please return them to me.

5. Don’t couple numbers with words. Redundant use of numbers and words creates visual speed bumps. The Dictionary of Modern Legal Usage describes coupling words and numbers as a "noxious habit." Simply use figures for 13 and up; write out numbers twelve and under.

Before: Chester was awarded twelve (12) patents after working at Energy Corporation for forty-seven (47) years.

After: Chester was awarded twelve patents after working at Energy Corporation for (47) years.

6. You money and/or your life. Don’t ever use "and/or" again. Period.

Strong Verbs Tell Your Story; Try Not to Strenuously Object

Strong verbs spice up bland legal cooking. They add drama to a random grouping of other words, producing an event, a happening or an exciting moment. Rather than using weak verbs, try searching for power-packed ones. Strong verbs persuade.

Another way to perk up a dull sentence is to change “be” verbs into action verbs:

Before: Jean was the coordinator of the event.

After: Jean coordinated the event.

Not only is the second example stronger, but it also cuts the sentence from seven words to four.

About the Author:
By Curtis J. Romanowski, Esq, New Jersey Divorce Lawyer: http://www.divorcenewjersey.com/ Voted New Jersey Super Lawyer, Family Law for the 2nd consecutive year, expert in NJ Divorce law & Child Custody Law. Link to this site when using this article.
(to be continued)

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Progressive Writing Tips For The Persuasive New Jersey Divorce Lawyer (I)

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Wednesday, January 09, 2008

When To Use A Divorce Lawyer And When To Avoid One

Submitted By: Jeffrey Anderson

The topic of divorce is never pleasant and usually painful, but if you find yourself at the end of a marriage, it may be your only logical options. Individuals choose to enter divorce proceedings for a variety of reasons, but usually the more civil these proceedings the better. A divorce lawyer can be incredibly useful for representing you regarding divisions of assets and property and in the event of custody proceedings.

Not everyone needs to solicit the aid of a divorce lawyer, so carefully consider whether you should consider a lawyer in your specific situation. Since each case is different, there is no blanket statement regarding who should use a divorce lawyer and who can forgo the presence of one. You do not necessarily need the help of a divorce lawyer to successfully enter and complete divorce proceedings, but in many cases, their presence and expertise can help immensely through this difficult process.

Depending on your specific situation, you may not need the assistance of a divorce lawyer. That does not mean you should put any less importance or thought into the proceedings than an individual who chooses to hire a lawyer. Many individuals forego hiring a divorce lawyer because they can come up with an agreeable situation between themselves and a former spouse.

Even though your marriage may be ending, remember both parties are adults and should act as such. Individuals who are able to remain mature about the situation and have realistic wants and needs are more capable of handing proceedings without needing a lawyer.

If you choose not to solicit the assistance of a lawyer, carefully consider all potential issues that may arise between you and your former spouse. The two of you should arrange a meeting to discuss all issues before the date of the divorce proceedings so all terms and conditions are clearly determined.

Also, you may need to meet with a neutral third party mediator so that everyone remains focused at the task at hand. Couples who are able to calmly and deliberately discuss any necessary issues regarding the divorce are more apt to have problems later down the road. Most couples are able to discuss the terms of their divorce without needing to involve lawyers.

If you are concerned about your safety or afraid of your former spouse, it will probably be in your best interest to hire a lawyer and let that individual deal with him or her directly. You will still need to make any necessary decisions, but will not have to directly speak to your former spouse.

If there is any problem of abuse—physical, sexual, or verbal—in the relationship, a lawyer should be hired immediately. Furthermore, if you fear for the safety of any children or dependants in your home life, a lawyer be hired for their best interest as well. Furthermore, if your spouse is acting cruel or dishonest towards you or anyone else in the household, hiring a lawyer will help take the focus off you in this situation.

Another reason to hire a lawyer is if your spouse does so first. It is severely discouraged to enter into divorce proceedings against a lawyer if you have no experience in the field of law yourself. Hiring a lawyer will protect your best interests and ensure your wants and needs are taken care of in a court of law. This is especially true if children are involved, as custody cases are often complicated and should be handled by a professional.

If you find yourself wanting to hire a lawyer but financially unable to do so, speak with the legal aid office of your county courthouse. These offices coordinate clients with lawyers who will work at reduced fees or for no cost at all (pro bono). If you know a lawyer through family or friend connections, seek their help and guidance. Many legal acquaintances will be able to provide you with legal information for minimal or no charge.

However, if the lawyer in question shares a relationship with both you and your former spouse, it is strongly recommended you avoid bringing this person into any potential dispute. Making the decision whether or not to hire a lawyer to assist with your divorce proceedings is a critical decision that should be made using a clear head and deliberate thought.

About the Author:
Jeffrey Anderson writes about divorce lawyers and legal divorce help at http://www.divorcelegal.info - Click the link to visit now

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When To Use A Divorce Lawyer And When To Avoid One

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Saturday, January 05, 2008

Should You Try To Stop Your Divorce If You're Just Thinking About Getting A Divorce?

Submitted By: Karl Augustine

Thinking about getting a divorce doesn't necessarily mean that you shouldn't try to stop your divorce. It could be wise to try to s top your divorce, only you know whether you should. Just because you're thinking about getting a divorce, doesn't necessarily mean that you should try to stop your divorce, although its logical to automatically assume so.

In order to be clear that you really want to stop your divorce if you're thinking about getting a divorce, you should use any or all of the following steps to make that determination:

Should You Stop Your Divorce?, step 1: Examine why you're thinking about getting a divorce and clearly define and outline those reasons.

This is a vital part of determining whether you really do want to stop your divorce. It is easy to naturally think you should get a divorce if feel empty, confused, alone, frustrated, etc. But do yourself a favor, figure out what actually has you feeling like you do and write it down. Only then will you be able to decide whether you should make a serious effort trying to stop your divorce.

Should You Stop Your Divorce?, step 2: Determine if guilt is seemingly forcing you to think about wanting to stop your divorce of if there's something inside you that really wants to stop the divorce.

Guilt can play a factor when you're thinking about getting a divorce, don't let it be the determining factor for wanting to stop your divorce. If guilt is the major reason that you want to stop your divorce, sit down and re-think everything. Ask yourself if you'll feel sorry for your spouse because you know how he or she will react to your decision to get a divorce. You will know if guilt is swaying you one way or another.

Should You Stop Your Divorce?, step 3: Use projection to foresee how how your spouse will react if you try to stop your divorce.

You know whether your spouse will be please or disgruntled if you try to stop your divorce. You have an idea of how he or she will react if you try to patch things up and avoid a divorce. If your spouse will react positively if you try to stop your divorce, you should be happy. You may have a chance to make it work. But, if your spouse will react harshly to efforts to stop your divorce, you should ask yourself why. Figure out what your spouses motivations would be for reacting negatively and determine whether or not its still worth trying to stop your divorce or if you should just develop a plan to part amicably.

Should You Stop Your Divorce?, step 4: Think about what your life would be like if you tried to stop your divorce and compare that scenario with what your currently going through.

Figure out what you want out of the situation and decide what you want your future to look like. If you feel that your life will worsen by trying to stop your divorce, maybe you should re-think what your planning. If you feel that you'd like to at least try to stop your divorce, even if its for selfish reasons, then take comfort in the fact that you've at least made the decision to act. Also, ask yourself whether or not the life you want is with your spouse, even if everything turned out exactly the way you planned for it and you were able to stop your divorce.

Ask yourself, "Even if I implement this plan and manage to stop my divorce, is this really the person I want to spend my life with?" The answer to this question will help you determine your course of action.

Should You Stop Your Divorce?, step 5: Implement your plan of action to either stop your divorce or plan to get a divorce.

Nothing will change if you don't act. Now that you've decided to work it out or get a divorce, set a plan in motion with your true end goal in mind. If you want to get a divorce, do what you need to in order to get what you need out of the situation...be amicable. You do not want to look back later on and feel like you didn't act in a mature fashion.

If you truly want to stop your divorce, use the right resources to determine the best course of action to do that. Divorce is serious, you should make certain for your sake and for your spouse's sake that you did all you could to stop your divorce...and be happy about it!

About the Author:
© Karl Augustine, 2005 "A Practical Guide To Deciding Whether Or Not To Get A Divorce" http://www.deciding-on-divorce.com/stop-divorce.htm Get Happy Now! ---> http://www.deciding-on-divorce.com/stopyourdivorce.htm

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Should You Try To Stop Your Divorce If You're Just Thinking About Getting A Divorce?

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Tuesday, January 01, 2008

What A Divorce Lawyer Is Going To Do For You

Submitted By: George Royal

Getting a divorce is not something anyone looks forward to and it is certainly not something that we plan for when we get married. Unfortunately divorce is a reality for many people in many different situations. If you are getting a divorce or even just considering it then you need to be sure to choose the right divorce lawyer.

You will find many a divorce lawyer in your area but be aware that not all of them are as good as others. You need to have the best divorce lawyer that you can afford when it comes to your divorce. If you don't you could end up paying much more than you though and I am not talking about the divorce lawyer fees. I am talking settlement or even alimony or palimony. Then there is custody to consider if you have children. So take care with your divorce lawyer choice.

When you are trying to get a divorce your divorce lawyer is going to petition the courts to get your marriage dissolved. This means coming to an agreement in terms of all property and money that you as a couple have had possession of. There are several grounds for divorce and your divorce lawyer will help you to choose the grounds that suit your particular situation the best. You will have the choice of adultery, time apart, unreasonable behavior and sometimes even fraud or irreconcilable differences are the way to go. Bottom line is that you should never make any important decisions concerning your divorce without first talking things over with your divorce lawyer. Your divorce lawyer is the professional who has the experience that will help you through this trying time.

What will your divorce lawyer be doing all of the time they are working for you? Your divorce lawyer will spend most of his or her time working on the distribution of conjugal property. How your property is divided will depend on a couple of things. Some of these things will be how much there is to begin with and how much belonged to whom before the marriage, the length of the marriage and the place in which you live. Every country, even every state has its own rules concerning the distribution of property and only your divorce lawyer will be able to help you make all of the right decisions.

Your divorce lawyer is considered to be your legal representation. This means that this divorce lawyer is the person who will often speak for you in court and out of court. Your divorce lawyer needs to be present at every meeting that you have with your spouse’s lawyer or your spouse. Never talk about the case without your divorce lawyer being present and on hand. You never know what you could say that could jeopardize your divorce case, it is far better to be safe than sorry.

About the Author:
Lawyers HQ: everything you need to know about finding the right lawyer.

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What A Divorce Lawyer Is Going To Do For You

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