Marriage, as we all know, is not just an emotional or religious union. It is also a legal union. As such, walking down the aisle without a pre-nuptial agreement leaves a partnership vulnerable to the state's marriage laws in the event of a divorce.
Many states' marriage laws are vague. They also generally allow a judge to make decisions concerning the division of your property if the marriage ends. Fortunately, it is never too late to define and to protect the property of a partnership from the arbitrary decisions of a judge if the marriage ends.
The process of a post-nuptial agreement is very similar to that of a pre-nuptial agreement. It is a marriage contract covering a variety of topics, including the division of property in the event of a divorce, that is created after a wedding.
A post-nuptial agreement is always a good idea. It is a particularly wise move if the financial status of the marriage changes. The financial status can change due to a promotion, inheritance, career change, or other stroke of good fortune. The process of creating a post-nuptial agreement can be a positive influence on both the emotional and legal dynamics of a relationship. It may be hard, but it will only strengthen the relationship in the long run.
It is never easy to discuss topics like money or divorce during a marriage; however, it is important to remember that the pre-nuptial process has been shown to improve and to strengthen a relationship. A post-nuptial agreement is a joint expression of a couple's wishes.
Tuesday, November 30, 2010
Monday, November 29, 2010
Make it Easy on Yourself and Hire a Prenup Attorney
Prenuptial agreements are written contracts between both marital parties deciding upon their rights in the event of divorce or a death. It is a document to safeguard the interests of both parties. Divorces have become common in the United States, and it is wise to make a document that defends your rights. It is not a document proving your anticipation of divorce, but to clearly define the territories of you and your partner.
The contents of prenuptial agreements differ from person to person, but the basics remain the same: the prenup defines the property division and spousal support in the event of separation.
Hiring lawyers
If you are thinking about getting a prenup made by a lawyer, it is better that you hire two lawyers instead of one, as there will be one lawyer to tend to each one's case. But before you both draft the case, you should decide the mandatory terms of the pact.
Costs
The prenupital lawyer fees depend upon the state, and the locality. Generally, the fees lie somewhere in between $700 to $800 to get a prenuptial agreement prepared by a lawyer. The costs are variable and may lie outside this boundary. The expenses also depend upon the amount of negotiation required to arrive at an agreement, and the complexity of the finances of the couple. Additional costs might be involved if you feel the requirement to hire an appraiser as well, to value real estate, collectible property, or business.
Costs also depend upon the time factor. If your wedding date is approaching near, and you want a prenup to be made as soon as possible, the lawyer will charge higher rates per hour. Generally the attorneys, who draft prenups request early retainers, and charge on hourly rates.
The contents of prenuptial agreements differ from person to person, but the basics remain the same: the prenup defines the property division and spousal support in the event of separation.
Hiring lawyers
If you are thinking about getting a prenup made by a lawyer, it is better that you hire two lawyers instead of one, as there will be one lawyer to tend to each one's case. But before you both draft the case, you should decide the mandatory terms of the pact.
Costs
The prenupital lawyer fees depend upon the state, and the locality. Generally, the fees lie somewhere in between $700 to $800 to get a prenuptial agreement prepared by a lawyer. The costs are variable and may lie outside this boundary. The expenses also depend upon the amount of negotiation required to arrive at an agreement, and the complexity of the finances of the couple. Additional costs might be involved if you feel the requirement to hire an appraiser as well, to value real estate, collectible property, or business.
Costs also depend upon the time factor. If your wedding date is approaching near, and you want a prenup to be made as soon as possible, the lawyer will charge higher rates per hour. Generally the attorneys, who draft prenups request early retainers, and charge on hourly rates.
Saturday, November 27, 2010
Need a Lawyer for a Prenup?
Hiring a lawyer
In fact too lawyers, to protect the interests of both parties. Basically, there are no reasons to say no to a lawyer and making your own prenup, except money. Agreed, prenupital lawyers charge fees to get your prenup made, but they have a better understanding of the state laws, and know which things to include in a prenup. While drafting your own prenup, you might miss out a few important points, or add some ineffective ones, so it is better to take professional help.
When selecting a prenupital lawyer to make a prenuptial agreement, make sure you choose a good lawyer. Select the lawyers who are experienced and competent in matrimonial laws, and who can support you both in writing a fair and clear agreement.
Make sure that you decide the terms yourself before consulting a Staten Island prenup lawyer. You both should be clear with the requirements of the agreement before you visit a lawyer. If you prepare a rough plan of what you want to be included in the prenuptial agreement, it will be more just and fair to both sides.
The decision is yours-whether you want to hire a lawyer, or want to create your own prenup. Whichever way you choose, make sure you take care of interests of your spouse as well, and not just you own. Also, it is better to make a rough plan first. If you are doing it all yourself, it is important for you to know how prenups are made. You can use prenup templates to help you with your cause. These are samples that will help you by presenting a general prenuptial agreement format.
Make sure you include all the important points in your prenuptial agreements, as according to many state laws they cannot be changed later.
In fact too lawyers, to protect the interests of both parties. Basically, there are no reasons to say no to a lawyer and making your own prenup, except money. Agreed, prenupital lawyers charge fees to get your prenup made, but they have a better understanding of the state laws, and know which things to include in a prenup. While drafting your own prenup, you might miss out a few important points, or add some ineffective ones, so it is better to take professional help.
When selecting a prenupital lawyer to make a prenuptial agreement, make sure you choose a good lawyer. Select the lawyers who are experienced and competent in matrimonial laws, and who can support you both in writing a fair and clear agreement.
Make sure that you decide the terms yourself before consulting a Staten Island prenup lawyer. You both should be clear with the requirements of the agreement before you visit a lawyer. If you prepare a rough plan of what you want to be included in the prenuptial agreement, it will be more just and fair to both sides.
The decision is yours-whether you want to hire a lawyer, or want to create your own prenup. Whichever way you choose, make sure you take care of interests of your spouse as well, and not just you own. Also, it is better to make a rough plan first. If you are doing it all yourself, it is important for you to know how prenups are made. You can use prenup templates to help you with your cause. These are samples that will help you by presenting a general prenuptial agreement format.
Make sure you include all the important points in your prenuptial agreements, as according to many state laws they cannot be changed later.
Friday, November 26, 2010
Elder Law Attorneys for the Future
One of the best things about U.S. law is that there are so many different areas of it that cover all aspects of life. Elder law is just one of the many different areas of law that attorneys can specialize in. Elder law involves helping elderly people plan for their future and for what happens after they pass away. While it's not a subject that people enjoy talking about, it's a necessity for all elderly people. Elder law Attorneys can help elderly people with all aspects of their current life and assets.
One of the biggest areas that those who practice elder law in Staten Island can help with is Medicaid planning. Because Medicaid laws are constantly changing, it's important to start the planning process as early as possible. Elder law attorneys can help elderly people qualify for Medicaid and the benefits that come along with it.
Estate planning is another area in which elder law attorneys can help elderly persons. All of the assets that belong to a person must somehow be divided among beneficiaries in a legal way so that there are not complications after the person passes on. The attorneys will help the client organize the assets and create a Will that will designate where the assets go.
Lastly, an attorney can help the clients plan for a nursing home for later in their life. While most do not want to end up in a nursing home, the majority of elderly people do at some point. Because nursing homes are extremely expensive, using an attorney to help argue contracted prices at a nursing home will save an elderly person thousands of dollars in the future.
One of the biggest areas that those who practice elder law in Staten Island can help with is Medicaid planning. Because Medicaid laws are constantly changing, it's important to start the planning process as early as possible. Elder law attorneys can help elderly people qualify for Medicaid and the benefits that come along with it.
Estate planning is another area in which elder law attorneys can help elderly persons. All of the assets that belong to a person must somehow be divided among beneficiaries in a legal way so that there are not complications after the person passes on. The attorneys will help the client organize the assets and create a Will that will designate where the assets go.
Lastly, an attorney can help the clients plan for a nursing home for later in their life. While most do not want to end up in a nursing home, the majority of elderly people do at some point. Because nursing homes are extremely expensive, using an attorney to help argue contracted prices at a nursing home will save an elderly person thousands of dollars in the future.
Thursday, November 25, 2010
Why Get a Prenupital?
A prenuptial agreement is a contract signed by a couple before they get married. "Prenups" as they are called, are most commonly used to agree what will happen to the two party's property and debts should they get divorced. Otherwise any divorce will have to go to court. A standard divorce will often attempt to just split all the property down the middle.
However, prenuptial agreements are not just for those with considerable amounts of property. They are commonly used by Staten Island family law attorneys when children from other marriages are involved. They may decide to give property to their children instead of their spouse in the event of an early death. Just like marriage is a contract, a premarital contract can be used to clearly spell out financial rights before marriage complicates the issue. Not only assets, but debts and how they will be handled by the couple should also be included in any prenuptial contract. For those with children or who expect to have children, a prenup can make the divorce process less messy because what will happen will have already been spelled out.
A premarital agreements have a lot of leeway, but that does not mean you can just sign away all your rights. Some states do not allow the parties to give up the right to alimony. Even if the state does allow one to give up alimony, if the party giving up the right did not have adequate counsel say by Staten island family attorneys, then a court will not enforce the agreement.
For those that are already married or choose not to sign a prenuptial, then the laws of the state will govern the marriage. Death and divorce are the two most important issues that may vary, so consider hiring a Staten Island family law attorney. Even if you are not signing an agreement, it would be a good idea to know what will happen under state law.
However, prenuptial agreements are not just for those with considerable amounts of property. They are commonly used by Staten Island family law attorneys when children from other marriages are involved. They may decide to give property to their children instead of their spouse in the event of an early death. Just like marriage is a contract, a premarital contract can be used to clearly spell out financial rights before marriage complicates the issue. Not only assets, but debts and how they will be handled by the couple should also be included in any prenuptial contract. For those with children or who expect to have children, a prenup can make the divorce process less messy because what will happen will have already been spelled out.
A premarital agreements have a lot of leeway, but that does not mean you can just sign away all your rights. Some states do not allow the parties to give up the right to alimony. Even if the state does allow one to give up alimony, if the party giving up the right did not have adequate counsel say by Staten island family attorneys, then a court will not enforce the agreement.
For those that are already married or choose not to sign a prenuptial, then the laws of the state will govern the marriage. Death and divorce are the two most important issues that may vary, so consider hiring a Staten Island family law attorney. Even if you are not signing an agreement, it would be a good idea to know what will happen under state law.
Tuesday, November 23, 2010
Living Will vs Health Care Power of Attorney
A will to live, formally called a living will form, is a type of advance directive. These legal forms are usually required to be notarized or signed and dated by witnesses.
A living will form usually covers specific directions as to what kind of medical treatment your caregivers will give you or are not allowed to give you. Some people go as far as to refuse food and water if they become incapacitated. A will to live is just that though, it is intended to force caregivers to give you the kind of medical treatment you want if you can't communicate those directives yourself. You are considered unable to communicate when you become incapacitated or brain damaged.
Another form similar to a living will form is a power of attorney for health care form. A power of attorney for health care form appoints some one you trust of your choosing to direct your health care decisions.
End-of-life health care decisions can be very difficult and emotional on your family; 1/3rd of Americans have had to make end-of-life health care decisions for their family. A living will form will keep your family members from making these critical, emotional, and frightening decisions.
You are also entitled to fill out a do not resuscitate order if you so choose to do so, this order will not allow your caregivers to put you on life support. Often times depending on the hospital and jurisdiction they will withhold do not resuscitate orders until their confirmed or simply not even recognize their legal power. Most hospitals will not perform incubations or resuscitation only when faced with these orders but they will treat infections, pump food and fluids directly into your blood stream, use pain management, and adequate comfort care are often times continued.
These types of forms are valid as soon as they are notarized or witnessed, copies should be given to your doctor, family, and any one else you feel may need a copy.
A living will form usually covers specific directions as to what kind of medical treatment your caregivers will give you or are not allowed to give you. Some people go as far as to refuse food and water if they become incapacitated. A will to live is just that though, it is intended to force caregivers to give you the kind of medical treatment you want if you can't communicate those directives yourself. You are considered unable to communicate when you become incapacitated or brain damaged.
Another form similar to a living will form is a power of attorney for health care form. A power of attorney for health care form appoints some one you trust of your choosing to direct your health care decisions.
End-of-life health care decisions can be very difficult and emotional on your family; 1/3rd of Americans have had to make end-of-life health care decisions for their family. A living will form will keep your family members from making these critical, emotional, and frightening decisions.
You are also entitled to fill out a do not resuscitate order if you so choose to do so, this order will not allow your caregivers to put you on life support. Often times depending on the hospital and jurisdiction they will withhold do not resuscitate orders until their confirmed or simply not even recognize their legal power. Most hospitals will not perform incubations or resuscitation only when faced with these orders but they will treat infections, pump food and fluids directly into your blood stream, use pain management, and adequate comfort care are often times continued.
These types of forms are valid as soon as they are notarized or witnessed, copies should be given to your doctor, family, and any one else you feel may need a copy.
Monday, November 22, 2010
When to Contact an Elder Law Attorney
It's happening all around the country as families prepare to relax and have fun over the summer months, the time for an elder law attorney.
Because of time and distance, changes in older loved ones become more noticeable. Uncle Bob seems a little slower to respond to our questions and it takes him longer to move from room to room or up the stairs. Mom's house, which she took pride in keeping spotless, isn't as clean as it used to be, newspapers are piling up everywhere, and the yard is looking shaggy. Then there's Aunt Katie whose kids have noticed that she doesn't pay the bills on time or pays them more than once and she's donating to charities that she has no idea what they do. The mail has become a daily event for her since Uncle Steve died.
The summer also may be a time when families face the difficult decisions about finding care for their older relative. Here are some of the changes that may indicate your loved one needs an elder law attorney.
Weight loss
Bad personal hygiene or significant negative changes in personal hygiene
Unusually loud or quiet, paranoid, agitated behavior
Unusually cluttered, dirty or messy home
Local friends and relatives are expressing concerns about changed behavior
Self-imposed isolation, stops attending activities
Signs of forgetfulness such as unopened mail, piling newspapers, not filling prescriptions, or missed appointments
Signs of poorly managed finances, such as not paying bills, losing money, paying bills twice or more, or hiding money
Because of time and distance, changes in older loved ones become more noticeable. Uncle Bob seems a little slower to respond to our questions and it takes him longer to move from room to room or up the stairs. Mom's house, which she took pride in keeping spotless, isn't as clean as it used to be, newspapers are piling up everywhere, and the yard is looking shaggy. Then there's Aunt Katie whose kids have noticed that she doesn't pay the bills on time or pays them more than once and she's donating to charities that she has no idea what they do. The mail has become a daily event for her since Uncle Steve died.
The summer also may be a time when families face the difficult decisions about finding care for their older relative. Here are some of the changes that may indicate your loved one needs an elder law attorney.
Weight loss
Bad personal hygiene or significant negative changes in personal hygiene
Unusually loud or quiet, paranoid, agitated behavior
Unusually cluttered, dirty or messy home
Local friends and relatives are expressing concerns about changed behavior
Self-imposed isolation, stops attending activities
Signs of forgetfulness such as unopened mail, piling newspapers, not filling prescriptions, or missed appointments
Signs of poorly managed finances, such as not paying bills, losing money, paying bills twice or more, or hiding money
Sunday, November 21, 2010
Finding the Right Living Will Attorney
When it comes time to plan for the later years of life many people put off the decision for much too long. The main purpose of sitting down to do what is usually called succession planning is to make sure ones survivors are provided for in a way that supports a comfortable life after you're gone.
Such things as housing and income and health care are just a few of the issues that must be prepared for so that the surviving family members can avoid unexpected or unplanned for financial short falls.
It is best to seek a living will attorney to help with this type of planning. The fees are modest, especially when compared with the potential for oversights when dealing with the complicated issues of finances and property and health needs that extend into the distant future.
So the question is, "How do I find a good living trust attorney?" Let's list a few of the tips that will help with this challenge.
1 - Check with friends and relatives and work mates. You'll want to get at least three to five names of attorneys. It is vitally important that you are specifically seeking attorneys that specialize and have experience that has been largely focused on preparing Living Trusts. It is important to know that attorneys, like doctors, specialize in specific practices. You wouldn't seek out an eye surgeon to set a broken leg from a skiing accident. The same rule applies to attorneys. Pay attention.
2 - Now call or email a lawyer's referral service. Request the names of at least three attorneys that specialize in living trusts.
3 - Once you have hopefully gathered at least five or so names you'll want to do your pre-interview research. Please make sure you don't start calling to speak with your list of attorneys before you complete this step. A) Run each of the attorney's names from your list through the Bar Association's research files. You'll be looking for a confirmation of their specialty, which will be registered with the Bar Association. B) You'll also use this research to determine the attorney's behavioral records. In the unlikely event an attorney on your list has received even one admonishment, regardless of the nature; eliminate him or her from your list and move on to the next name.
Such things as housing and income and health care are just a few of the issues that must be prepared for so that the surviving family members can avoid unexpected or unplanned for financial short falls.
It is best to seek a living will attorney to help with this type of planning. The fees are modest, especially when compared with the potential for oversights when dealing with the complicated issues of finances and property and health needs that extend into the distant future.
So the question is, "How do I find a good living trust attorney?" Let's list a few of the tips that will help with this challenge.
1 - Check with friends and relatives and work mates. You'll want to get at least three to five names of attorneys. It is vitally important that you are specifically seeking attorneys that specialize and have experience that has been largely focused on preparing Living Trusts. It is important to know that attorneys, like doctors, specialize in specific practices. You wouldn't seek out an eye surgeon to set a broken leg from a skiing accident. The same rule applies to attorneys. Pay attention.
2 - Now call or email a lawyer's referral service. Request the names of at least three attorneys that specialize in living trusts.
3 - Once you have hopefully gathered at least five or so names you'll want to do your pre-interview research. Please make sure you don't start calling to speak with your list of attorneys before you complete this step. A) Run each of the attorney's names from your list through the Bar Association's research files. You'll be looking for a confirmation of their specialty, which will be registered with the Bar Association. B) You'll also use this research to determine the attorney's behavioral records. In the unlikely event an attorney on your list has received even one admonishment, regardless of the nature; eliminate him or her from your list and move on to the next name.
Friday, November 19, 2010
Health Care Power of Attorney
Health care power of attorney forms are used in the conditions when the principal becomes incapable to make decisions about his health and medical care due to reasons such as aging, mental illness or in the state of unconsciousness. This principal grants his attorney-in-fact to make all the health and medical decisions for him. This power is usually granted to one's doctor, therapist, or house attendant (unless they are also close relatives, spouse or anyone in the family).
This form also includes a living will. The living will is either attached to the form or written separately. If written separately, it is important for the agent to keep a copy of it. This 'Will' includes certain restriction on the rights of the agent regarding the health issues. The agent has to consult the living will to see what limitation of right he has.
This Living Will should include the following things by your living will attorney:
You have to mention the circumstance in which you want this will to be used. For instance, you can ask the agent not to use any life-prolonging procedures and use only the pain relief.
Mechanical breathing apparatus is used when the patient stops to breath on his own. You can mention whether or not, you would like to live on it.
You also mention whether the use of CPR for you will be acceptable to you or not. It stands for cardiopulmonary resuscitation which is used when the heart stops pumping on its own.
You can mention your Will over the artificial feeding and intravenous fluids. These are used to feed you through taking down the tubes from your nose to your stomach.
This form also includes a living will. The living will is either attached to the form or written separately. If written separately, it is important for the agent to keep a copy of it. This 'Will' includes certain restriction on the rights of the agent regarding the health issues. The agent has to consult the living will to see what limitation of right he has.
This Living Will should include the following things by your living will attorney:
You have to mention the circumstance in which you want this will to be used. For instance, you can ask the agent not to use any life-prolonging procedures and use only the pain relief.
Mechanical breathing apparatus is used when the patient stops to breath on his own. You can mention whether or not, you would like to live on it.
You also mention whether the use of CPR for you will be acceptable to you or not. It stands for cardiopulmonary resuscitation which is used when the heart stops pumping on its own.
You can mention your Will over the artificial feeding and intravenous fluids. These are used to feed you through taking down the tubes from your nose to your stomach.
Wednesday, November 17, 2010
A Living Will to Avoid Bankruptcy?
You don't need a degree in math to figure out that with health care going up more than 10% every year, and personal income only growing by 4% per year, things aren't looking as good as they were a few years ago. The reality is that it is possible for someone to work for a lifetime and retire with a nest egg of, say, $750,000, and end up having to spend it to cover one major medical issue. This is increasingly true due to better survival rates that, while saving a life, may mean costly day to day care to keep you alive due to the results of a significant illness. It is for this last reason that more people implementing a living will that could save some families from bankruptcy.
Living wills, also known as 'advanced directives,' are legal documents that grant another person the right to order that treatment cease in the event a person is unable to live, eat, and function without the aid of machines or medical care. Essentially you could opt to have any machine or device that is being used to keep a person alive, discontinued or turned off if the executor of the living will decides it is in the best interest of the patient and their family.
Generally speaking, a physician, or physicians, must determine that a patient is not likely to improve in condition and are in a state of extreme discomfort and pain. Again, the patient must not be able to take care of his or her self, and requires a machine in order to remain alive. It is at this point that a person who has a living will, would have made plans to have the treatment terminated at the executors request.
There are times when a living will can be contested by other family members not named in the document. However, in most cases courts tend to rule in favor of the wishes of the patient as spelled out in the will and have seldom ordered that treatment continue.
Living wills, also known as 'advanced directives,' are legal documents that grant another person the right to order that treatment cease in the event a person is unable to live, eat, and function without the aid of machines or medical care. Essentially you could opt to have any machine or device that is being used to keep a person alive, discontinued or turned off if the executor of the living will decides it is in the best interest of the patient and their family.
Generally speaking, a physician, or physicians, must determine that a patient is not likely to improve in condition and are in a state of extreme discomfort and pain. Again, the patient must not be able to take care of his or her self, and requires a machine in order to remain alive. It is at this point that a person who has a living will, would have made plans to have the treatment terminated at the executors request.
There are times when a living will can be contested by other family members not named in the document. However, in most cases courts tend to rule in favor of the wishes of the patient as spelled out in the will and have seldom ordered that treatment continue.
Monday, November 15, 2010
Plan Your Estate the Right Way!
#5 Does your estate planning attorney have a process in place to respond to your phone calls and emails quickly in case questions arise? Will your attorney keep you informed about how your matter is progressing?
Your estate planning attorney should be able to answer your phone calls, emails, and questions quickly. You are paying this attorney for service and for professional guidance and attention, not just for the drafting of your estate planning documents. How often have you heard from friends and loved ones about an attorney that takes days, weeks or more to respond to phone calls? Do not tolerate such unprofessional behavior. Ask your attorney about this and if he is unable to convince you that he has such a process in place, then continue your search for an attorney that will get back to you in a time efficient manner.
#6 Does your estate planning attorney have a process for helping you capture and pass on not only your physical and financial wealth, but also your intellectual and spiritual assets, as well as what is important to you?
Some attorneys recognize that wealth is not measured solely by your net worth, by the value of your brokerage and retirement accounts, but is also measured by who you are as a person. Your intangible assets, such as lessons that you have learned over a lifetime of building wealth, or the wisdom you have accumulated through your life experiences that you would like your children to know more about, are very valuable, almost priceless. These should not be forgotten.
When deciding whether to hire an attorney, be sure to select someone who will help you capture, document, and pass on all of your assets, including those intangible ones that are often overlooked.
Your estate planning attorney should be able to answer your phone calls, emails, and questions quickly. You are paying this attorney for service and for professional guidance and attention, not just for the drafting of your estate planning documents. How often have you heard from friends and loved ones about an attorney that takes days, weeks or more to respond to phone calls? Do not tolerate such unprofessional behavior. Ask your attorney about this and if he is unable to convince you that he has such a process in place, then continue your search for an attorney that will get back to you in a time efficient manner.
#6 Does your estate planning attorney have a process for helping you capture and pass on not only your physical and financial wealth, but also your intellectual and spiritual assets, as well as what is important to you?
Some attorneys recognize that wealth is not measured solely by your net worth, by the value of your brokerage and retirement accounts, but is also measured by who you are as a person. Your intangible assets, such as lessons that you have learned over a lifetime of building wealth, or the wisdom you have accumulated through your life experiences that you would like your children to know more about, are very valuable, almost priceless. These should not be forgotten.
When deciding whether to hire an attorney, be sure to select someone who will help you capture, document, and pass on all of your assets, including those intangible ones that are often overlooked.
Saturday, November 13, 2010
Estate Planning For You
#3 Does the estate planning attorney guarantee his service? Will he refund your money if you are not completely satisfied?
Your estate planning attorney works for you and is being paid to help you plan your estate. You should not tolerate an attorney that will not refund your money if you are not completely satisfied with the work. Additionally, your attorney should be willing to revise your documents that he is initially drafting. However, after he has drafted them and you have expressed your satisfaction, you should not expect the attorney to revise these documents unless you have kept the attorney on retainer. Please note that no attorney will guarantee results if your matter is being litigated in court.
#4 Will the estate planning attorney help you make wise choices about insurance, saving for your children's future, and retirement planning?
Your attorney should help you make decisions about the most appropriate documents and vehicles to accomplish your estate planning objectives, but should also assist you with buying insurance, saving for college, planning for retirement, and all of the other challenging decisions that will arise. In fact, your attorney should have a team of trusted advisers in place in order to help you make the best possible decisions.
If your attorney is unable or unwilling to advise you on these matters, then you should seek out an attorney who will do so. Having such an attorney will prevent you from making expensive and unnecessary mistakes, and will save you time in having to hunt for additional advisers.
Your estate planning attorney works for you and is being paid to help you plan your estate. You should not tolerate an attorney that will not refund your money if you are not completely satisfied with the work. Additionally, your attorney should be willing to revise your documents that he is initially drafting. However, after he has drafted them and you have expressed your satisfaction, you should not expect the attorney to revise these documents unless you have kept the attorney on retainer. Please note that no attorney will guarantee results if your matter is being litigated in court.
#4 Will the estate planning attorney help you make wise choices about insurance, saving for your children's future, and retirement planning?
Your attorney should help you make decisions about the most appropriate documents and vehicles to accomplish your estate planning objectives, but should also assist you with buying insurance, saving for college, planning for retirement, and all of the other challenging decisions that will arise. In fact, your attorney should have a team of trusted advisers in place in order to help you make the best possible decisions.
If your attorney is unable or unwilling to advise you on these matters, then you should seek out an attorney who will do so. Having such an attorney will prevent you from making expensive and unnecessary mistakes, and will save you time in having to hunt for additional advisers.
Thursday, November 11, 2010
Hiring an Estate Planning Attorney
You should consider several different questions before you sign an agreement with any Staten Island attorney, but this is even more important when it comes to hiring a wills, trusts or estate planning attorney. This attorney will address sensitive family and financial issues that range from helping you pass assets on to your children and close family members, to protecting you from unnecessary taxes, to helping you determine the best person to make medical decisions on your behalf. This is why you need to know the answers to the seven questions discussed in this special report.
#1: Does the attorney offer a free consultation and will he explain what will happen at this initial meeting?
An estate planning attorney should offer you a free, no hassle consultation. First, meeting him or her will help to put you at ease and will give you a chance to discuss your case in a frank manner. You will also have a chance to ask questions and to determine if this is an attorney whom you can trust to address your legal concerns. Second, it gives the attorney the opportunity to ask you questions and to learn more about your case. You might discover that you do not get along very well with this attorney. Conversely, the attorney may realize that your case is not the type that he wants to take or is not related to his field of expertise. For this type of relationship to work in an effective and productive manner, both you and your attorney need to be able to work together comfortably.
#2 Does the attorney offer a flat fee for the services that he will perform and will this be put in writing?
Every attorney should use a written agreement, which is known as a retainer agreement. In this agreement, the attorney should clearly state the fee that you will be charged and honor this agreement. The attorney should clearly explain the fee, the services that he will perform, and should also clearly explain the options that are available to you to pay this fee. You should not sign this agreement until you understand how much you will be charged, what the attorney will do for you, what information he will need from you, any deadlines involved, and any other obligations that you are required to perform. You should always feel free to ask the attorney questions if you do not understand something in the agreement or otherwise. You should also ask about the expected completion of the work.
A flat fee encourages the attorney to work in an efficient manner and also prevents you from receiving an unexpectedly large bill upon the completion of the services. This can happen if it takes the attorney longer to complete the work than he initially thought.
#1: Does the attorney offer a free consultation and will he explain what will happen at this initial meeting?
An estate planning attorney should offer you a free, no hassle consultation. First, meeting him or her will help to put you at ease and will give you a chance to discuss your case in a frank manner. You will also have a chance to ask questions and to determine if this is an attorney whom you can trust to address your legal concerns. Second, it gives the attorney the opportunity to ask you questions and to learn more about your case. You might discover that you do not get along very well with this attorney. Conversely, the attorney may realize that your case is not the type that he wants to take or is not related to his field of expertise. For this type of relationship to work in an effective and productive manner, both you and your attorney need to be able to work together comfortably.
#2 Does the attorney offer a flat fee for the services that he will perform and will this be put in writing?
Every attorney should use a written agreement, which is known as a retainer agreement. In this agreement, the attorney should clearly state the fee that you will be charged and honor this agreement. The attorney should clearly explain the fee, the services that he will perform, and should also clearly explain the options that are available to you to pay this fee. You should not sign this agreement until you understand how much you will be charged, what the attorney will do for you, what information he will need from you, any deadlines involved, and any other obligations that you are required to perform. You should always feel free to ask the attorney questions if you do not understand something in the agreement or otherwise. You should also ask about the expected completion of the work.
A flat fee encourages the attorney to work in an efficient manner and also prevents you from receiving an unexpectedly large bill upon the completion of the services. This can happen if it takes the attorney longer to complete the work than he initially thought.
Tuesday, November 9, 2010
Reducing Your Child Support Payments
There are a lot of people out there who have a hard time and want to reduce child support, because their standard of living and ability to keep current on their bills is suffering. Why? Because the amount of their child support payments has been calculated based on a wage far higher than they actually receive. If you're making support payments which seem far higher than your income warrants, then you'll want to keep reading; there are some tips here which may enable you to reduce the amount of your support payments.
Before you begin trying child support reduction, keep in mind that you still have to keep making them at their current level while any decision is being made. Otherwise, you'll almost certainly meet with failure in your efforts to reduce your payments. While you're working to reduce child support payments in court, you should continue paying support to your former spouse. Even if you can't afford to pay the entire amount, keep paying what you can towards your payments. This demonstrates your willingness to make payments and your inability to make them in full. If you don't pay, this gives you the appearance of being unwilling to meet your obligations.
Worse yet, it makes you appear as though you don't care about the child. Always make your payments by check (or better yet, certified check) since cash isn't traceable. You can make an appeal to the court to reduce support if your income has declined or you have an argument to make about extenuating circumstances that you feel the court did not take into consideration.
These may include custody of another child or financial hardships; if you have another child to support, the law is on your side in asking to reduce child support.
Before you begin trying child support reduction, keep in mind that you still have to keep making them at their current level while any decision is being made. Otherwise, you'll almost certainly meet with failure in your efforts to reduce your payments. While you're working to reduce child support payments in court, you should continue paying support to your former spouse. Even if you can't afford to pay the entire amount, keep paying what you can towards your payments. This demonstrates your willingness to make payments and your inability to make them in full. If you don't pay, this gives you the appearance of being unwilling to meet your obligations.
Worse yet, it makes you appear as though you don't care about the child. Always make your payments by check (or better yet, certified check) since cash isn't traceable. You can make an appeal to the court to reduce support if your income has declined or you have an argument to make about extenuating circumstances that you feel the court did not take into consideration.
These may include custody of another child or financial hardships; if you have another child to support, the law is on your side in asking to reduce child support.
Sunday, November 7, 2010
Asserting Your Rights as a Father
Another aspect of father's rights in child maintenance is to collect it himself should he be the custodial parent. There are many fathers that automatically assume the mother will be granted full custody of the children so they do not fight. If you have any reason to believe that your spouse is not equipped to handle the children, it is your right as the birth father to take matters into your own hands. Your best advice is to remain as willing to communicate as possible and avoid moving out of state during custody hearings. There are many fathers who pay child support only to have their ex move the children out of state. Because this is so common, your father's rights have been safeguarded by federal laws which require a parent to meet several guidelines before just moving a child away from you. Again, you must continue your payment schedule.
If you are having problems asserting your fathers rights in child custody situations or feel that your child's mother is breaching the contract, it may be a good idea to hire a child support attorney to work with the two of you. Attorneys strongly recommend that fathers maintain accurate records and paper trails of all child support paid (or received) and that no blasé agreements are entered into without court intervention and documentation. This is a simple way to protect your self and with the help of a mediator can produce binding changes to child support, custody or visitation rights. It is common practice for the mediator to be called upon by the Judge to offer recommendations based on their impartial experiences with you and your child's mother.
If you are having problems asserting your fathers rights in child custody situations or feel that your child's mother is breaching the contract, it may be a good idea to hire a child support attorney to work with the two of you. Attorneys strongly recommend that fathers maintain accurate records and paper trails of all child support paid (or received) and that no blasé agreements are entered into without court intervention and documentation. This is a simple way to protect your self and with the help of a mediator can produce binding changes to child support, custody or visitation rights. It is common practice for the mediator to be called upon by the Judge to offer recommendations based on their impartial experiences with you and your child's mother.
Friday, November 5, 2010
Father's Rights and Child Support
What may seem fair isn't always how things work. Luckily, there are many aspects of child support that are federally mandated and each state has different laws in regard to a father's rights in child support.
Child support is granted when one parent becomes the custodian. The other parent will be granted visitation rights and schedules will be set up by the court systems in your jurisdiction. These arrangements are legally binding. Many fathers may experience trouble with the mother granting the visitation as outline and will withhold child support as a form of retaliation. Unfortunately, this is not the way to go about this. If you pay child maintenance and are not being granted your rightful visitation, you should contact the courts or a child support attorney to settle the matter legally. In the meantime, paying your court ordered child support is mandatory. Keep in mind that non-payment of court ordered child support can lead to punitive conditions such as jail time.
Each state is required by federal law to mandate a schedule of calculating how much child support should be paid. Essentially, this figure is devised by using your earnings, the cost of raising your child, the number of children in question as well as any special needs that the child may have. If the mother is the custodial parent, her ability or lack thereof in supporting the children can also be used. This is why it is up to you to offer as much accurate information as possible in order to have child maintenance payments that are affordable. A father's rights in child support do not change should you lose your job or become laid off; and any changes to the frequency or amount have to be filed by both parents within the court system.
Child support is granted when one parent becomes the custodian. The other parent will be granted visitation rights and schedules will be set up by the court systems in your jurisdiction. These arrangements are legally binding. Many fathers may experience trouble with the mother granting the visitation as outline and will withhold child support as a form of retaliation. Unfortunately, this is not the way to go about this. If you pay child maintenance and are not being granted your rightful visitation, you should contact the courts or a child support attorney to settle the matter legally. In the meantime, paying your court ordered child support is mandatory. Keep in mind that non-payment of court ordered child support can lead to punitive conditions such as jail time.
Each state is required by federal law to mandate a schedule of calculating how much child support should be paid. Essentially, this figure is devised by using your earnings, the cost of raising your child, the number of children in question as well as any special needs that the child may have. If the mother is the custodial parent, her ability or lack thereof in supporting the children can also be used. This is why it is up to you to offer as much accurate information as possible in order to have child maintenance payments that are affordable. A father's rights in child support do not change should you lose your job or become laid off; and any changes to the frequency or amount have to be filed by both parents within the court system.
Wednesday, November 3, 2010
Getting More From Your Child Support
Divorce is not an easy thing. Especially if you have children and are reliant on the ex-spouse for child support.If making ends meet for you and your child or children has become more difficult did you know that you can request that a child support attorney review your child support payment once a year. If your ex has gotten a raise, or child's education and cost of living has increase4d you may be eligible for an increase. But do keep in mind that if your ex has lost their job or has had a salary decrease and you have asked for an adjustment your child support could possibly go down. In this article you will receive some suggestions about what you should do before you go to a judge to ask for modification to your child support.
First, you should obtain a copy of your state's child support schedule. Usually this is available online, but if not you can request a copy of the child support payment schedule from your local courthouse.
Secondly, it is essential that you gather all your records from the previous year that may reflect why it has become more difficult for you to maintain support for your child. A raise in education cost, higher medical bills, increased mortgage or rent payments. Include pay stubs reflecting that you may have had a cut in wages per hour or a cut in work hours or worse you may have lost your job.
Third, you will want to obtain a form to modify your child support. You may be able to download one, if you can't you should be able to pick one up at your local courthouse. If one is not available you can create your own form just include all of the above information.
Fourth, fill out the form and attach all of the records you have compiled to substantiate your request for an increase. Make sure you have attached at least 12 months worth of financial records. Before submitting anything make sure you have made copies of everything for you to keep yourself.
Fifth, you will file your original completed form in the court where your original child support order was filed. The fee for filing is usually somewhere between $15 and $50 depending where you live.
Sixth, make sure your ex-spouse receives a copy of your request. If you send the copy by mail make sure you send it registered certified mail with a signature request. It is very important that you keep your green receipt. This will be proof that you mailed it to them.
First, you should obtain a copy of your state's child support schedule. Usually this is available online, but if not you can request a copy of the child support payment schedule from your local courthouse.
Secondly, it is essential that you gather all your records from the previous year that may reflect why it has become more difficult for you to maintain support for your child. A raise in education cost, higher medical bills, increased mortgage or rent payments. Include pay stubs reflecting that you may have had a cut in wages per hour or a cut in work hours or worse you may have lost your job.
Third, you will want to obtain a form to modify your child support. You may be able to download one, if you can't you should be able to pick one up at your local courthouse. If one is not available you can create your own form just include all of the above information.
Fourth, fill out the form and attach all of the records you have compiled to substantiate your request for an increase. Make sure you have attached at least 12 months worth of financial records. Before submitting anything make sure you have made copies of everything for you to keep yourself.
Fifth, you will file your original completed form in the court where your original child support order was filed. The fee for filing is usually somewhere between $15 and $50 depending where you live.
Sixth, make sure your ex-spouse receives a copy of your request. If you send the copy by mail make sure you send it registered certified mail with a signature request. It is very important that you keep your green receipt. This will be proof that you mailed it to them.
Monday, November 1, 2010
Child Support Lawyer Eric Gansberg
If you are not with your significant other anymore, but have a child with him or her, then you will need to figure out how you will take care of your offspring once the funds leave with your spouse. Getting a reputable child support attorney can help you to get the wages you need in order to care for your baby.
Definition
When a couple has a kid, sometimes they do not stay together. If separation occurs, there will be a time when the parent that has full custody and is raising the kid will need financial assistance. This assistance can be something that the parents agree upon themselves and does not involve the courts. However, often times, the courts get involved and the financial assistance is decided by the law. Usually, if you're the one that has to pay, it's best to get a child support attorney to oversee your case. By doing so, you'll feel at ease knowing you are paying what's fair and not being taken advantage of by the parent that has custody. Keep in mind that such costs will take care of the kid's basic needs such as food, clothing, and shelter. In addition, you will need to keep in mind that the courts may consider costs for school as well as medical care.
Determining Payment Amount
There are numerous factors that will affect how much will need to be paid when it comes to monetary assistance. One of the first things that needs to be done is that both parents will need to reveal their finances to the courts. This should include all money made each month as well as expenses that are paid out each month. Having a child support attorney during this time will prove to be helpful. In addition to basic financial information, the courts can also consider your earning potential for the future. This means that if you have a job that shows you may make a certain amount as a gross income, but actually have the ability to make much more, the necessary monthly amount paid for the child may increase to reflect the potential for increased income. Furthermore, the living conditions before the parents separated will be taken into consideration since the courts would like the quality of life to remain constant if possible. After this information is defined, the courts usually take all of this into consideration and come up with a fair amount that has to be paid to maintain the living conditions.
Ensuring Payment is Made
Sadly, there are some parents that do not want to pay money to help aid their kids. As a result of this delinquency, you will need a good child support attorney to help navigate the process. There are ways for the courts to get the money needed, such as by serving the non-custodial parent with an official document that will state in writing that he or she should pay the money. If this does not work for whatever reason, the courts have the right to garnish wages, take tax refunds and even put a lien on a property if necessary.
Definition
When a couple has a kid, sometimes they do not stay together. If separation occurs, there will be a time when the parent that has full custody and is raising the kid will need financial assistance. This assistance can be something that the parents agree upon themselves and does not involve the courts. However, often times, the courts get involved and the financial assistance is decided by the law. Usually, if you're the one that has to pay, it's best to get a child support attorney to oversee your case. By doing so, you'll feel at ease knowing you are paying what's fair and not being taken advantage of by the parent that has custody. Keep in mind that such costs will take care of the kid's basic needs such as food, clothing, and shelter. In addition, you will need to keep in mind that the courts may consider costs for school as well as medical care.
Determining Payment Amount
There are numerous factors that will affect how much will need to be paid when it comes to monetary assistance. One of the first things that needs to be done is that both parents will need to reveal their finances to the courts. This should include all money made each month as well as expenses that are paid out each month. Having a child support attorney during this time will prove to be helpful. In addition to basic financial information, the courts can also consider your earning potential for the future. This means that if you have a job that shows you may make a certain amount as a gross income, but actually have the ability to make much more, the necessary monthly amount paid for the child may increase to reflect the potential for increased income. Furthermore, the living conditions before the parents separated will be taken into consideration since the courts would like the quality of life to remain constant if possible. After this information is defined, the courts usually take all of this into consideration and come up with a fair amount that has to be paid to maintain the living conditions.
Ensuring Payment is Made
Sadly, there are some parents that do not want to pay money to help aid their kids. As a result of this delinquency, you will need a good child support attorney to help navigate the process. There are ways for the courts to get the money needed, such as by serving the non-custodial parent with an official document that will state in writing that he or she should pay the money. If this does not work for whatever reason, the courts have the right to garnish wages, take tax refunds and even put a lien on a property if necessary.
Thursday, September 30, 2010
Making Divorce Faster
A long and protracted divorce or matrimonial litigation is a great harassment to the parties of the dispute. Without a proper plan, many people commit mistake when getting divorced and ultimately fail and suffer serious stressful situation. Many people, after decided to break the relationship enter into expensive and ugly battle and end up in hurting all involved parties, making the divorce and life more miserable.
A plan should be well laid and executed for a divorce just like anything in life. Only by knowing and planning what you exactly want, you can actually get it. First of all the amount of finance required should be decided for getting divorce. If there are any children out of the wedlock, the frequency of your visit to the children should also be decided.
Before initiating the divorce litigation, it has to be determined whether the divorce will be no-fault or uncontested or at-fault, all out battle. You should also determine when you actually want divorce. After doing this exercise you should realistically write down possessions wanted by you and any other details that are to be established in the divorce. After making the list they should be thoroughly reviewed and examined whether the items in the list are worth doing hard work or fighting litigation. You can save many hassles by merely knowing what is to be fought for and what is really worth for you to address your worries. A time line and schedule should be worked out by taking help from the calculated figure and list. An expert divorce lawyer can be contacted in case you desire divorce within a period of three months. Choosing a bad lawyer can disturb the whole divorce process.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
A plan should be well laid and executed for a divorce just like anything in life. Only by knowing and planning what you exactly want, you can actually get it. First of all the amount of finance required should be decided for getting divorce. If there are any children out of the wedlock, the frequency of your visit to the children should also be decided.
Before initiating the divorce litigation, it has to be determined whether the divorce will be no-fault or uncontested or at-fault, all out battle. You should also determine when you actually want divorce. After doing this exercise you should realistically write down possessions wanted by you and any other details that are to be established in the divorce. After making the list they should be thoroughly reviewed and examined whether the items in the list are worth doing hard work or fighting litigation. You can save many hassles by merely knowing what is to be fought for and what is really worth for you to address your worries. A time line and schedule should be worked out by taking help from the calculated figure and list. An expert divorce lawyer can be contacted in case you desire divorce within a period of three months. Choosing a bad lawyer can disturb the whole divorce process.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Wednesday, September 29, 2010
Uncontested Divorces
About 95 percent of divorces in the US are "uncontested," because the two parties are able to work out an arrangement concerning property, debt, children and support issues. When the parties can agree and present the court with a fair and equitable agreement, approval of the divorce is almost guaranteed. If the parties can’t work out their differences, divorce laws govern the fair and equitable disposition of these issues.
Divorce laws generally recognize two types of property during property division proceedings - marital property and separate property. Marital property consists of property that the spouses acquire individually or jointly during the course of marriage. Under divorce laws, separate property constitutes any property that one spouse purchased and possessed prior to the marriage and that did not substantially change in value during the course of the marriage because of the efforts of one or both spouses. Under modern divorce laws, separate property is returned to its original owner, while marital property is divided according to negotiated settlement and what the court deems equitable.
In cases involving children, divorce laws attempt to ensure the matter does not spill over into the family court system. In many jurisdictions, divorce laws require divorcing parents to submit a parenting plan spelling out each party’s rights and responsibilities.
Divorce laws also provide for the establishment of alimony, often depending on the length of the marriage and other factors. Spousal support is becoming less common, however, as more women are entering the workforce and earning their own income.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Divorce laws generally recognize two types of property during property division proceedings - marital property and separate property. Marital property consists of property that the spouses acquire individually or jointly during the course of marriage. Under divorce laws, separate property constitutes any property that one spouse purchased and possessed prior to the marriage and that did not substantially change in value during the course of the marriage because of the efforts of one or both spouses. Under modern divorce laws, separate property is returned to its original owner, while marital property is divided according to negotiated settlement and what the court deems equitable.
In cases involving children, divorce laws attempt to ensure the matter does not spill over into the family court system. In many jurisdictions, divorce laws require divorcing parents to submit a parenting plan spelling out each party’s rights and responsibilities.
Divorce laws also provide for the establishment of alimony, often depending on the length of the marriage and other factors. Spousal support is becoming less common, however, as more women are entering the workforce and earning their own income.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Monday, September 27, 2010
Fault vs No-Fault Divorces
Divorce is a painful and extremely difficult process. Knowing how divorce laws function and understanding the court’s role in a divorce can help to make this transition smoother and easier, however.
Divorce laws govern the dissolution of a marriage. Every country has its own laws regarding divorce and, in fact, divorce laws can vary from state to state or province to province within a nation. Knowing your jurisdiction’s divorce laws can keep a bad situation from becoming worse, and save you future turmoil.
In the United States, divorce laws, in general, provide two basic forms of divorce: fault based and no-fault based. However, even in some jurisdictions whose divorce laws do not require a party to claim fault of their partner, a court may still take into account the behavior of the parties when dividing property, debts, evaluating custody, and support.
Fault-based divorces can be contested and may involve allegations of collusion of the parties, connivance, or provocation by the other party.
In a no-fault divorce, the dissolution of a marriage does not require an allegation or proof of fault of either party. Forty-nine states have adopted no-fault divorce laws, with grounds for divorce including incompatibility, irreconcilable differences, and irremediable breakdown of the marriage. New York is the sole exception divorce laws there still require a proof of fault.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Divorce laws govern the dissolution of a marriage. Every country has its own laws regarding divorce and, in fact, divorce laws can vary from state to state or province to province within a nation. Knowing your jurisdiction’s divorce laws can keep a bad situation from becoming worse, and save you future turmoil.
In the United States, divorce laws, in general, provide two basic forms of divorce: fault based and no-fault based. However, even in some jurisdictions whose divorce laws do not require a party to claim fault of their partner, a court may still take into account the behavior of the parties when dividing property, debts, evaluating custody, and support.
Fault-based divorces can be contested and may involve allegations of collusion of the parties, connivance, or provocation by the other party.
In a no-fault divorce, the dissolution of a marriage does not require an allegation or proof of fault of either party. Forty-nine states have adopted no-fault divorce laws, with grounds for divorce including incompatibility, irreconcilable differences, and irremediable breakdown of the marriage. New York is the sole exception divorce laws there still require a proof of fault.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Saturday, September 25, 2010
Why Choose Collaborative Divorce?
The collaborative process can be used in cases involving:
What Are The Key Benefits Of Collaborative Family Law?
Why is the Collaborative Process A Better Way to get a Kentucky Divorce?
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
- Separation and divorce
- Custody and parenting arrangements
- Spousal support
- Child support
- Division of assets, retirement accounts and debts
- Marital and non-marital property
- Breakup of relationship of cohabiting or unmarried couples
- Premarital agreements
- Modification of post decree of court orders
What Are The Key Benefits Of Collaborative Family Law?
- The well being of your family is preserved
- The dignity and self esteem of you and your spouse are protected
- Empowerment of client
- Focus on sparing divorcing couple's children from unnecessary pain
- Eliminates battling in court and the loss of relationships that result
- A cooperative approach to solve problems creatively
- Cost effective and time efficient
- Allows both parties to move forward with their lives
Why is the Collaborative Process A Better Way to get a Kentucky Divorce?
- Full disclosure of all financial information
- Private meetings attended by the parties and their lawyers
- Jointly selected experts and advisors
- Focus on negotiation rather than confrontation and argument
- Signed Collaborative Agreement that requires everyone to work together to resolve issues and not go to Court
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Thursday, September 23, 2010
Peaceful Divorce Are Easy Divorces
Couples ending their marriages and other relationships face many challenges. These challenges exist especially in a family with children. With Collaborative Family Law couples can work toward a complete settlement that benefits everyone through an effective and efficient process. Parents must make very important decisions that will have a significant impact on their children's future. Collaborative family law provides an opportunity to positively deal with decisions and concerns.
Why Collaborative Family Law?
The personal and financial costs of litigation can be staggering. The costs, especially when measured in lost relationships and the impact on children, often outweigh the gains.
Collaborative Law is an alternative to going to Court. You and your spouse will each work with an attorney trained in the collaborative process. Through a series of meetings attended by you, your spouse and both of your attorneys, you and your spouse work together to resolve the issues in your divorce or other family matter instead of allowing a judge to make those decisions for you.
The collaborative process is for you and your spouse if you want problem solving rather than fighting; and if you want a result that is fair to both of you.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Why Collaborative Family Law?
The personal and financial costs of litigation can be staggering. The costs, especially when measured in lost relationships and the impact on children, often outweigh the gains.
Collaborative Law is an alternative to going to Court. You and your spouse will each work with an attorney trained in the collaborative process. Through a series of meetings attended by you, your spouse and both of your attorneys, you and your spouse work together to resolve the issues in your divorce or other family matter instead of allowing a judge to make those decisions for you.
The collaborative process is for you and your spouse if you want problem solving rather than fighting; and if you want a result that is fair to both of you.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Tuesday, September 21, 2010
Alimony and Sensibility
Alimony is money paid by one spouse (usually the husband) to another spouse (usually the wife) for the purposes of continuing to live after the divorce. The amount and timing of payments are set out in the divorce ruling. Here are some tips which apply mainly to the spouse who is required to make such payments.
#1 Always pay by check never by cash. The recipient spouse is not required to give a receipt so it is pointless for you to ask for one but in case there is any dispute you need a bank statement indicating if and when the check has been cleared. Keep good records. Many divorce settlement returns to court in a dispute over different matters including alimony payments. Make sure you are on solid ground.
#2 Make sure the divorce settlement declares that your alimony payments are deducted from your income and added to the income of the recipient spouse. This means you will have a lower income for taxation purposes whereas your spouse will have a higher income for taxation purposes. Have this ruling as part of the settlement. You are the one having to make the payments. The least you can get in return is some taxation relief. And if your spouse is getting part of your money, it is arguably fair that they should declare this as part of their income.
#3 Follow the rules of the divorce settlement on the letter. Don't be late with payments, don't try anything different or unusual, never pay in cash and make sure every payment is delivered in the way required.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
#1 Always pay by check never by cash. The recipient spouse is not required to give a receipt so it is pointless for you to ask for one but in case there is any dispute you need a bank statement indicating if and when the check has been cleared. Keep good records. Many divorce settlement returns to court in a dispute over different matters including alimony payments. Make sure you are on solid ground.
#2 Make sure the divorce settlement declares that your alimony payments are deducted from your income and added to the income of the recipient spouse. This means you will have a lower income for taxation purposes whereas your spouse will have a higher income for taxation purposes. Have this ruling as part of the settlement. You are the one having to make the payments. The least you can get in return is some taxation relief. And if your spouse is getting part of your money, it is arguably fair that they should declare this as part of their income.
#3 Follow the rules of the divorce settlement on the letter. Don't be late with payments, don't try anything different or unusual, never pay in cash and make sure every payment is delivered in the way required.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Sunday, September 19, 2010
How to Negotiate in a Divorce
When trying to negotiate a good divorce settlement, keep the following in mind:
When you are not satisfied with any of your spouse's terms, prepare a logical rebuttal, rather than get defensive and emotional. By all means, speak up!
Be willing to try and consider your soon-to-be-estranged spouse's wellbeing. If things get ugly, remember that a change in your approach (yes, it's hard) can turn things around 180 degrees.
Just do your best to avoid having the case go to trial. The benefits of mediating your own agreement include keeping your marital problems confidential, sparing yourself of open court proceedings and the related costs, speeding up the process and not to mention helping to make it all easier on the kids.
Divorce can get complicated with all its legal and financial details and disagreements. It's no wonder that you are seeking divorce help and divorce support.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
When you are not satisfied with any of your spouse's terms, prepare a logical rebuttal, rather than get defensive and emotional. By all means, speak up!
Be willing to try and consider your soon-to-be-estranged spouse's wellbeing. If things get ugly, remember that a change in your approach (yes, it's hard) can turn things around 180 degrees.
Just do your best to avoid having the case go to trial. The benefits of mediating your own agreement include keeping your marital problems confidential, sparing yourself of open court proceedings and the related costs, speeding up the process and not to mention helping to make it all easier on the kids.
Divorce can get complicated with all its legal and financial details and disagreements. It's no wonder that you are seeking divorce help and divorce support.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Friday, September 17, 2010
Negotiations for a Good Divorce
No one hopes to get a divorce, but, if it happens, what should you do to get a good divorce? It's no wonder that you are seeking divorce help and divorce support. The most important piece of information to learn from the get-go about how to get a divorce is that the outcome depends on you. Your willingness to negotiate and seek mediation can actually make it a low cost divorce. It might even turn out to be an easy divorce if you stay flexible, yet firm about your rights.
Going through a trial is seldom a good idea, particularly with regard to women and divorce. Financially, men usually have the upper hand since they are traditionally the bread-winners and, as such, they usually get paid more. That gives them more buying power to hire the better divorce lawyer; if the case goes to trial, a wife in this sort of situation usually finds herself headed toward financial ruin. For this reason, life after a divorce trial can be even harder than it was before.
Here is a little divorce advice that will make coping with divorce less difficult: spare yourself and your children the headache-mediate.
Mediation gives both parties the power to negotiate alimony, child support, custody and an equitable division of assets and liabilities. In this way, you can use any divorce information you acquire to increase your negotiating power.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Going through a trial is seldom a good idea, particularly with regard to women and divorce. Financially, men usually have the upper hand since they are traditionally the bread-winners and, as such, they usually get paid more. That gives them more buying power to hire the better divorce lawyer; if the case goes to trial, a wife in this sort of situation usually finds herself headed toward financial ruin. For this reason, life after a divorce trial can be even harder than it was before.
Here is a little divorce advice that will make coping with divorce less difficult: spare yourself and your children the headache-mediate.
Mediation gives both parties the power to negotiate alimony, child support, custody and an equitable division of assets and liabilities. In this way, you can use any divorce information you acquire to increase your negotiating power.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Wednesday, September 15, 2010
Need a Prenupital Agreement?
A prenuptial agreement is essentially a legally binding agreement made before a couple gets married or enters into a civil partnership. The agreement deals with what should happen to assets of the couple in the event of divorce, though various additions can also be made including provisions and recommendations for alimony and the division of property. Prenuptial contracts often go by alternate names, such as ante nuptial agreements or premarital agreements; however, the usage is the same.
The popularity of prenuptial agreements has increased since the turn of the 21st century, though they were not unheard of before then. This is attributed by lawyers to an increase in media coverage of high profile divorces, which often sees as exceedingly wealthy individual divorcing someone of lesser means – and being forced to sacrifice up to half of their fortune.
A prenuptial agreement is recognized by all 50 states of the America, though they are not always followed verbatim. Often, discretion is required in cases where wealth and income has increased – or significantly decreased – between the time of the agreement and the time of the divorce. A prenuptial agreement can be appealed against if the party that stands to lose out is unhappy, though just cause must be given for doing so. American courts tend to uphold and recognize prenuptial agreements as they are, but it is worth remembering that these agreements are not a final line. It is possible for either party to challenge a prenuptial. Recently, Stephen Spielberg's wife did just that during their high profile (and acrimonious) divorce. She was successful in this attempt, and walked away with a settlement of over $50 million.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
The popularity of prenuptial agreements has increased since the turn of the 21st century, though they were not unheard of before then. This is attributed by lawyers to an increase in media coverage of high profile divorces, which often sees as exceedingly wealthy individual divorcing someone of lesser means – and being forced to sacrifice up to half of their fortune.
A prenuptial agreement is recognized by all 50 states of the America, though they are not always followed verbatim. Often, discretion is required in cases where wealth and income has increased – or significantly decreased – between the time of the agreement and the time of the divorce. A prenuptial agreement can be appealed against if the party that stands to lose out is unhappy, though just cause must be given for doing so. American courts tend to uphold and recognize prenuptial agreements as they are, but it is worth remembering that these agreements are not a final line. It is possible for either party to challenge a prenuptial. Recently, Stephen Spielberg's wife did just that during their high profile (and acrimonious) divorce. She was successful in this attempt, and walked away with a settlement of over $50 million.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Monday, September 13, 2010
Divorce Marks the End of What Was
If you realize that your wife has fallen out of love with you, it can be very devastating. Instead of letting your life fall apart, you should take the time to take stock of the situation in order to determine what the real problem is. Is the change in your wife? Or are you the one who has changed? What could have happened to change your wife's attitude? Be very honest with yourself. Could you be the reason? Here are some things you should consider.
Do not let emotions cloud your actions
Avoid any kind of emotional reactions, whether it is trying to retaliate or beg. This is the time to use your mind instead of your heart. Be thoughtful both with the questions you ask yourself and discussions you hold. Get back to the person she used to love. Take a close look at yourself. Are you still the same man she initially fell in love with or have you changed in some way? Although people are dynamic, all the changes should revolve around the real you, not transform it. Could you have become complacent or even negative? Have you forgotten about romance after wooing her?
Try to remember how you were at the beginning. When you become the one she used to love, chances are that your wife will be aroused back to loving you. Consider the way you treat your wife. How much do you take part in things that really matter to her? Do you listen to her views? What are the steps you take to make her feel truly special? You may believe that you are doing these things. However, you should understand that women are different, and your actions may not necessarily translate to what you expect.
Think of the little thoughtful things you used to do initially. For instance, do you still give her some pleasant surprises? Think about yourself. Are you happy with the person you are? You should not expect to please your wife if you are not truly happy with yourself, or some aspect of your life.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Do not let emotions cloud your actions
Avoid any kind of emotional reactions, whether it is trying to retaliate or beg. This is the time to use your mind instead of your heart. Be thoughtful both with the questions you ask yourself and discussions you hold. Get back to the person she used to love. Take a close look at yourself. Are you still the same man she initially fell in love with or have you changed in some way? Although people are dynamic, all the changes should revolve around the real you, not transform it. Could you have become complacent or even negative? Have you forgotten about romance after wooing her?
Try to remember how you were at the beginning. When you become the one she used to love, chances are that your wife will be aroused back to loving you. Consider the way you treat your wife. How much do you take part in things that really matter to her? Do you listen to her views? What are the steps you take to make her feel truly special? You may believe that you are doing these things. However, you should understand that women are different, and your actions may not necessarily translate to what you expect.
Think of the little thoughtful things you used to do initially. For instance, do you still give her some pleasant surprises? Think about yourself. Are you happy with the person you are? You should not expect to please your wife if you are not truly happy with yourself, or some aspect of your life.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Sunday, September 12, 2010
A Qualified Real Estate Attorney
Whatever your particular reason of needing a real estate lawyer, you are still going to need to find one. There are a couple of things to keep in mind when selecting one. Here are some tips.
1. Find a real estate lawyer. By this, it means someone who practices primarily in the field of real estate. Most lawyers own homes, so they think they can handle real estate transactions. This typically is not true. Real estate law can be complex, so get someone that already knows it.
2. Go local. Real estate laws tend to be state wide, but regulations tend to be local. Obviously, it depends on the situation in your state, but you need to seriously consider getting a lawyer in the area you are selling or buying.
3. Comfort Level - Many people just choose any old lawyer. This is a mistake. Get one who speaks your language and you are comfortable. If you like aggressive people, get an aggressive lawyer. If you like yellers, get a yeller. If you prefer a more poised attorney, a yeller is probably not a good choice.
4. Know Your Purpose - Lawyers have distinct styles. Some prefer to try to find solutions to disputes. Others prefer to crush the other side. You need to know what your goal is when interviewing lawyers and communicate it clearly. Their reaction should give you an idea of whether they are a good choice or not.
Perhaps the biggest rule to remember when dealing with lawyers is your role. You are the client. They represent you. Most people hire a lawyer and then ask for advice on what they should do and what decisions they should make. This makes lawyers uncomfortable because they don't know you from a hill of beans. Know what you want and communicate it to them. Their job is then to go get it.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
1. Find a real estate lawyer. By this, it means someone who practices primarily in the field of real estate. Most lawyers own homes, so they think they can handle real estate transactions. This typically is not true. Real estate law can be complex, so get someone that already knows it.
2. Go local. Real estate laws tend to be state wide, but regulations tend to be local. Obviously, it depends on the situation in your state, but you need to seriously consider getting a lawyer in the area you are selling or buying.
3. Comfort Level - Many people just choose any old lawyer. This is a mistake. Get one who speaks your language and you are comfortable. If you like aggressive people, get an aggressive lawyer. If you like yellers, get a yeller. If you prefer a more poised attorney, a yeller is probably not a good choice.
4. Know Your Purpose - Lawyers have distinct styles. Some prefer to try to find solutions to disputes. Others prefer to crush the other side. You need to know what your goal is when interviewing lawyers and communicate it clearly. Their reaction should give you an idea of whether they are a good choice or not.
Perhaps the biggest rule to remember when dealing with lawyers is your role. You are the client. They represent you. Most people hire a lawyer and then ask for advice on what they should do and what decisions they should make. This makes lawyers uncomfortable because they don't know you from a hill of beans. Know what you want and communicate it to them. Their job is then to go get it.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Saturday, September 11, 2010
Divorce and the Family
We often read about the statistics concerning divorce. We hear how the divorce rate is changing, how divorce law is changing and we all know about celebrities who divorce. But hidden behind the figures and the gossip stories are real people going through really tough times. Make no mistake; divorce takes its toll on many people and especially on the family involved in the split.
The first impact on the family is that of finance. After the divorce, families who had two incomes or large properties may suffer from bankruptcy. If there's a non-working spouse then the family may suddenly fall short as far as income goes. They may receive alimony, child support and other government benefits, but if they were used to a good income before, they may certainly drop financially after the divorce. And if you had two incomes paying for the one residence, suddenly there are two residences and the couple is not sharing expenses. It can be very different and tough from a financial point of view. Two can certainly live cheaper than one.
Then there is the actual cost of the divorce itself. If divorce lawyers are engaged and the spouses choose to fight it out in court, the only winners here are the divorce lawyers. And if the case drags on, any employed spouse will need to take time off work and that can mean a drop in income. So there are costs to consider in getting divorced.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
The first impact on the family is that of finance. After the divorce, families who had two incomes or large properties may suffer from bankruptcy. If there's a non-working spouse then the family may suddenly fall short as far as income goes. They may receive alimony, child support and other government benefits, but if they were used to a good income before, they may certainly drop financially after the divorce. And if you had two incomes paying for the one residence, suddenly there are two residences and the couple is not sharing expenses. It can be very different and tough from a financial point of view. Two can certainly live cheaper than one.
Then there is the actual cost of the divorce itself. If divorce lawyers are engaged and the spouses choose to fight it out in court, the only winners here are the divorce lawyers. And if the case drags on, any employed spouse will need to take time off work and that can mean a drop in income. So there are costs to consider in getting divorced.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Thursday, September 9, 2010
Divorce Rates in America
The rate at which people divorce varies from country to country. However, gathering of divorce statistics from different countries is difficult because some countries do not release their official records. Nevertheless, most divorce records show the figures three to four years ago, and despite this situation, it is possible to make comments on divorce rates in certain Western countries.
In the USA, it is generally accepted that up to 50% of all marriages fail compared to other countries such as Australia, the UK and Canada. There are different ways of looking at divorce statistics. For instance, you can read how many divorces occur per head of population. In the USA, the recent figures show that 8 people per 1000 of the population get divorced compared to the Western countries with 5 divorced people per 1000 members of the population.
In the US it is easier and more accurate to make your study on a state rather than a federal basis. Each state is required to keep marriage and divorce records and you can obtain relevant information via the appropriate government body in each particular state.
The rate of divorce has moved dramatically in some countries recently. In the UK, the rate of divorce has dropped by about 15% in recent years; Australia's divorce rate has increased considerably. Of course the statisticians provide the raw data and the commentators provide the opinions as to why this is so. In Australia for instance, the marked increase in the rate of divorce is likely to have occurred because of changes in federal law, making it much easier to obtain a divorce. By introducing the grounds of 'irreconcilable differences', couples wishing to divorce simply had to separate for a set minimum period and then list the grounds for divorce as irreconcilable differences.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
In the USA, it is generally accepted that up to 50% of all marriages fail compared to other countries such as Australia, the UK and Canada. There are different ways of looking at divorce statistics. For instance, you can read how many divorces occur per head of population. In the USA, the recent figures show that 8 people per 1000 of the population get divorced compared to the Western countries with 5 divorced people per 1000 members of the population.
In the US it is easier and more accurate to make your study on a state rather than a federal basis. Each state is required to keep marriage and divorce records and you can obtain relevant information via the appropriate government body in each particular state.
The rate of divorce has moved dramatically in some countries recently. In the UK, the rate of divorce has dropped by about 15% in recent years; Australia's divorce rate has increased considerably. Of course the statisticians provide the raw data and the commentators provide the opinions as to why this is so. In Australia for instance, the marked increase in the rate of divorce is likely to have occurred because of changes in federal law, making it much easier to obtain a divorce. By introducing the grounds of 'irreconcilable differences', couples wishing to divorce simply had to separate for a set minimum period and then list the grounds for divorce as irreconcilable differences.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Tuesday, September 7, 2010
How a Good Divorce Lawyer Should Be
A good divorce lawyer:
- Will always be prepared for all your hearings.
- Will know exactly what your expectation from the case is.
- Will not be able to win all hearings.
- May not be able to answer your calls 24*7*365.
Once you and your spouse start the proceedings, do not sign any paper for your partner without express knowledge of your divorce lawyer. Litigations and negotiations are little subjective so ask your lawyer about his/her policy in this matter.
A good divorce lawyer is invaluable to your case, so you should choose one carefully. Also, once your case starts, do not change lawyers unless it is absolutely necessary as this may also harm your case. In case you are looking to change divorce lawyers, make sure that you get all information from the previous divorce lawyer such as who is the judge, necessary papers etc, so a smooth transition is possible. Once you place your trust in a lawyer, do it completely and assist him/her. After all, it is your own life.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
- Will always be prepared for all your hearings.
- Will know exactly what your expectation from the case is.
- Will not be able to win all hearings.
- May not be able to answer your calls 24*7*365.
Once you and your spouse start the proceedings, do not sign any paper for your partner without express knowledge of your divorce lawyer. Litigations and negotiations are little subjective so ask your lawyer about his/her policy in this matter.
A good divorce lawyer is invaluable to your case, so you should choose one carefully. Also, once your case starts, do not change lawyers unless it is absolutely necessary as this may also harm your case. In case you are looking to change divorce lawyers, make sure that you get all information from the previous divorce lawyer such as who is the judge, necessary papers etc, so a smooth transition is possible. Once you place your trust in a lawyer, do it completely and assist him/her. After all, it is your own life.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Sunday, September 5, 2010
Some Facts to Ask a Divorce Lawyer
To be on the safe side, it's a good idea to enquire from the divorce lawyers the following facts:
- The relevant experience he/she has in Family Law and number of years of practice in this field.
- Steps involved in the divorce process as well as expected time frame and legalities involved.
- Filing fee and the fee that any additional legal assistants employed will ask for.
- Inquire about the Retainer Agreement policy of the lawyer/firm.
- Billing cycle of the lawyer.
A good divorce lawyer will answer all queries, and will try to address any concerns that you may have about legal implications or your case in general.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
- The relevant experience he/she has in Family Law and number of years of practice in this field.
- Steps involved in the divorce process as well as expected time frame and legalities involved.
- Filing fee and the fee that any additional legal assistants employed will ask for.
- Inquire about the Retainer Agreement policy of the lawyer/firm.
- Billing cycle of the lawyer.
A good divorce lawyer will answer all queries, and will try to address any concerns that you may have about legal implications or your case in general.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Friday, September 3, 2010
The Key to Divorce is a Great Divorce Lawyer
Divorce refers to the dissolution or the legal end of a marriage. Every state has its own legal requirements governing when a divorce may be granted. These legal requirements may include a residency requirement, grounds or a reason for the divorce, among others.
The grounds for divorce may vary from being fault-based and no-fault based. All these requirements vary from state to state. Certain exceptions like 'Irreconcilable Differences' and 'Irretrievable Breakdown' are common no-fault grounds for divorce in almost all states. Your divorce could be the most important financial decision in life, as well as one of the most nerve wrecking. In such a circumstance, the key person who can see you through this is a divorce lawyer.
The divorce lawyer helps you in making extremely important financial and emotional decisions like child custody, property divisions etc. You must choose a lawyer well versed and specializing in Family Law.
You can look for a good lawyer by asking around, consulting your friends, relatives and acquaintances. A divorce lawyer with references will be more helpful than the one who is completely unknown to you and all people around.
When you first meet the lawyer, give all case facts. The fee quoted by the person will be a rough approximate as the amount of legal work involved is not very clear. Usually, they charge by the hour, and a retainer fee as an advance payment may be desired by the lawyer. You are at liberty to interview a few lawyers before choosing one to represent you in court.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
The grounds for divorce may vary from being fault-based and no-fault based. All these requirements vary from state to state. Certain exceptions like 'Irreconcilable Differences' and 'Irretrievable Breakdown' are common no-fault grounds for divorce in almost all states. Your divorce could be the most important financial decision in life, as well as one of the most nerve wrecking. In such a circumstance, the key person who can see you through this is a divorce lawyer.
The divorce lawyer helps you in making extremely important financial and emotional decisions like child custody, property divisions etc. You must choose a lawyer well versed and specializing in Family Law.
You can look for a good lawyer by asking around, consulting your friends, relatives and acquaintances. A divorce lawyer with references will be more helpful than the one who is completely unknown to you and all people around.
When you first meet the lawyer, give all case facts. The fee quoted by the person will be a rough approximate as the amount of legal work involved is not very clear. Usually, they charge by the hour, and a retainer fee as an advance payment may be desired by the lawyer. You are at liberty to interview a few lawyers before choosing one to represent you in court.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Thursday, September 2, 2010
A Few Tips for a Clean Break
Don't inform your spouse about the divorce unless you cover all the bases and take right steps for a divorce plan ahead. Some financial things have to be taken care of before giving notice about divorce. It is better to change registration of names on checking account, mortgage, car, etc. If you are already in the divorce process still things can be properly planned and ways and options can be determined. Negotiating skills and employment of strong tactics are key factors, by which spouse can be made to believe that they are deriving better out of the deal. The divorce should be planned with a right method using the list made with special techniques to accelerate the results of plan.
You should decide whether you are going to represent yourself or hiring an attorney for divorce. If you are going to represent yourself, then you should have thorough knowledge about the laws of the State where you live. Review the amount and location of all your assets and remove the money, if necessary, from bank and place it in security, without depriving necessary funds for the life of your spouse. Credit cards and other sources of credit can be reviewed and if necessary cards with joint account can be cancelled by removing the name of the spouse from the card.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
You should decide whether you are going to represent yourself or hiring an attorney for divorce. If you are going to represent yourself, then you should have thorough knowledge about the laws of the State where you live. Review the amount and location of all your assets and remove the money, if necessary, from bank and place it in security, without depriving necessary funds for the life of your spouse. Credit cards and other sources of credit can be reviewed and if necessary cards with joint account can be cancelled by removing the name of the spouse from the card.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Wednesday, September 1, 2010
Why a Good Divorce Lawyer Makes All the Difference
The process of finding a top divorce lawyer will be well worth it, no matter how much you have to spend and how long you have to work on the case with them. This is because divorce is a tricky enough issue to deal with on its own, but the last thing you want is to not only leave your partner but have everything you own taken away as well. This is why just as with a tax lawyer, you want to get the top divorce lawyer and have them by your side throughout the proceedings so that you can have the most success and win what you want.
You do not need to take everything away, but you should get the top divorce lawyer and decide what items you are interested in. Maybe there is a certain car that you would like to take with you, or certain photo albums that you find particularly sentimental and would like to win.
Who to Hire
When it comes to hiring a top divorce lawyer, reputation is key here. Nothing is going to tell you more about a lawyer than the reputation that they have. You will want to ask around and find out what people have to say about the lawyer that you are considering. Especially if you know someone who has gone through a divorce and hired this lawyer on before, you can get some great firsthand advice and opinions from them.
Tips
There are a few tips that you will want to keep in mind when you are trying to find a top divorce lawyer. One of the best tips is to stick with a lawyer that focuses on divorce cases, a real divorce lawyer. You really do not want to go with a lawyer that also takes criminal cases or family cases for instance, because then you know that they have their areas of interest in other places and so you really cannot trust in them as you could with lawyers who focus solely with divorce cases.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
You do not need to take everything away, but you should get the top divorce lawyer and decide what items you are interested in. Maybe there is a certain car that you would like to take with you, or certain photo albums that you find particularly sentimental and would like to win.
Who to Hire
When it comes to hiring a top divorce lawyer, reputation is key here. Nothing is going to tell you more about a lawyer than the reputation that they have. You will want to ask around and find out what people have to say about the lawyer that you are considering. Especially if you know someone who has gone through a divorce and hired this lawyer on before, you can get some great firsthand advice and opinions from them.
Tips
There are a few tips that you will want to keep in mind when you are trying to find a top divorce lawyer. One of the best tips is to stick with a lawyer that focuses on divorce cases, a real divorce lawyer. You really do not want to go with a lawyer that also takes criminal cases or family cases for instance, because then you know that they have their areas of interest in other places and so you really cannot trust in them as you could with lawyers who focus solely with divorce cases.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Tuesday, August 31, 2010
Know Your Priorities in Divorce
Do a cost-benefit analysis. In divorce, it is easy to get caught up in the emotion and make all of your decisions from that vantage point. This can be a mistake though; spending some time analyzing your case from a logical, cost-benefit perspective can pay dividends. Keep your eye on the ball and stay focused on getting the divorce finished so you can move on with your life. It is not uncommon for divorcing people to do things like spend $500 to get a $100 microwave oven. Don't do it. If you can't see a clear connection between your actions and achieving a final resolution of your case, then don't take that action.
Do know your priorities. Frequently people going through a divorce find that their priorities change throughout the process. The things that they thought were most important when they began the process are not necessarily the same things that are most important at the conclusion. It is important that you review your priorities regularly, with your lawyer or on your own, so that you are always mindful of things that matter to you most. Staying on top of your own priorities allows you to keep your Staten Island divorce lawyer informed and better use the divorce process to obtain the results that your care most passionately about.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Do know your priorities. Frequently people going through a divorce find that their priorities change throughout the process. The things that they thought were most important when they began the process are not necessarily the same things that are most important at the conclusion. It is important that you review your priorities regularly, with your lawyer or on your own, so that you are always mindful of things that matter to you most. Staying on top of your own priorities allows you to keep your Staten Island divorce lawyer informed and better use the divorce process to obtain the results that your care most passionately about.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Sunday, August 29, 2010
Don't Sign a Blank Check!
Signing an agreement with a Staten Island divorce lawyer that calls for hourly billing is like signing a blank check. Be careful. Let's face facts - hourly billing encourages what? Billing! Find a lawyer who can tell you what your case will cost. The only way to be certain of your attorney fee is to get a firm commitment on a fixed fee. Short of a fixed fee you need frequent updates on the costs that you have incurred (if it were our money we would want daily, real-time, updates over the internet) and we would want the authority to accept or reject any action that would result in our paying more money.
It just doesn't make sense to give someone the economic incentive to make your life miserable by dragging things out. Doctors don't bill hourly - they charge you a fixed fee for your office visit or your surgery. Lawyers want you to believe that they can't predict your fee. If they won't tell you how much it costs then don't buy it.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
It just doesn't make sense to give someone the economic incentive to make your life miserable by dragging things out. Doctors don't bill hourly - they charge you a fixed fee for your office visit or your surgery. Lawyers want you to believe that they can't predict your fee. If they won't tell you how much it costs then don't buy it.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Friday, August 27, 2010
Flat-Fee Divorce is Not for Every Case!
Flat fee divorce is not for every case. Some highly complex cases simply cannot anticipate all of the twists and turns of the litigation. Also, high conflict cases may not work well under the flat fee arrangement, as often times one spouse may try to drive up the legal bills by forcing the other spouse to make unnecessary court appearances.
However, cases that include some complex issues, such as property division, pensions and Qualified Domestic Relations Orders are appropriate for flat fee arrangements and should lead to less expensive divorces for clients and fewer fee disputes between Staten Island divorce lawyers and their clients. Flat fee divorce is another approach to divorce litigation that attempts to provide competent legal services to clients at an affordable price, by having the client feel the economic consequences of the litigation decisions at the time the litigation decision is made.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
However, cases that include some complex issues, such as property division, pensions and Qualified Domestic Relations Orders are appropriate for flat fee arrangements and should lead to less expensive divorces for clients and fewer fee disputes between Staten Island divorce lawyers and their clients. Flat fee divorce is another approach to divorce litigation that attempts to provide competent legal services to clients at an affordable price, by having the client feel the economic consequences of the litigation decisions at the time the litigation decision is made.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Think Before Hiring a Mediator
Don't hire a mediator without getting legal advice first. Often, people think that hiring a mediator is a substitute for hiring a lawyer in trying to resolve their divorce. The critical mistake these people are making is this: mediators can not give legal advice. Their role is only to help people agree; the drawback is that they may help you agree to something that you would not have agreed to if you had sought legal advice first.
Timing is everything here: using a mediator can be effective in resolving a divorce, you should never, ever hire a mediator without first obtaining legal advice from a Staten Island divorce lawyer whose only role is to represent your best interests. In fact, any good mediator will insist that you go and get legal advice before any agreement is reached, anyway. If you choose to mediate your dispute, get the legal advice before you begin mediation. It is more efficient and safer.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Timing is everything here: using a mediator can be effective in resolving a divorce, you should never, ever hire a mediator without first obtaining legal advice from a Staten Island divorce lawyer whose only role is to represent your best interests. In fact, any good mediator will insist that you go and get legal advice before any agreement is reached, anyway. If you choose to mediate your dispute, get the legal advice before you begin mediation. It is more efficient and safer.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Wednesday, August 25, 2010
Getting a Collaborative Divorce Lawyer
Do hire a collaborative divorce lawyer (and get your spouse to do the same thing). Now you know you want to stay out of court. Do you want your situation to be resolved as efficiently, effectively, and successfully as possible? Of course. That's the way collaborative divorce lawyers handle divorces. In a collaborative divorce, everyone involved (lawyers and clients) signs a written pledge to keep your case out of court. This keeps everyone involved truly focused on reaching a mutually beneficial agreement, without threatening costly and destructive litigation.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
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