If you are in the situation of going through a divorce or perhaps your spouse has already filed for a divorce, you may want to consider getting a divorce attorney. This is not so much for the complexities of the filings and paperwork that will need to be done, but more so from the aspect of protecting yourself.
You are also likely to have many questions about possible outcomes and how they will affect you. A good divorce lawyer can answer those questions and put you in a much more advantageous position in the divorce proceedings. Even if you expect your situation to be pretty straight forward, perhaps even uncontested divorce, it is interesting to note how quickly people (like your spouse) can change their mindset when there is money or assets to be had as a result of the divorce.
Naturally you have the option to represent yourself in your own divorce case. But this is not a good recommendation and is not in your best interests. Especially if there are assets or children involved in the divorce, you will definitely want a divorce attorney to represent you.
Another excellent reason to have yourself represented by a good divorce lawyer is that there may be support involved, otherwise known as alimony. The divorce laws vary widely from state to state, so the advice you get from your friend in another state may not apply in your state. Note that alimony, also known as spousal support, is different from child support, and takes into account how much money you make compared with your spouse, and each of your abilities to earn income and maintain the standard of living that was established during your time of marriage.
Alimony can be awarded for a specified period of time or an indefinite period of time, and this decision is based on the particular circumstances of each spouse. The amount of alimony can be reviewed if there are significant changes in the income or situation of either spouse. But be aware that if spousal support is waived, then the spouse who gave up the spousal support cannot come back and ask for it again in the future.
Yet another reason for having a good divorce attorney is to protect any pension or retirement accounts you may have. These are typically considered “marital property” and can be divided during a divorce. Although the court system will attempt to be fair in the division of money and assets, especially with pension and retirement accounts, a good divorce attorney will fight for your rights and make sure as much as possible is done to your benefit. This aspect in itself can more than pay for the costs of a divorce lawyer.
By: Jon Arnold
Posts Tagged ‘Period Of Time’
Do You Really Need A Divorce Attorney?
December 11th, 2009Attorney Review Period in New Jersey Real Estate
November 20th, 2009
For any of you relocating from outside of NJ, you might be surprised by some of the real estate laws in NJ. Specifically, in New Jersey, after a “proposal” is accepted by the buyer and seller, the property moves into Attorney Review status. During this period of time, both the buyer and the seller can exit the deal with no harm to either.
While in Attorney review, the attorneys representing the respective buyer and seller will ensure that all terms are clearly understood and acceptable to both parties. It will usually last for 3 days.
Unlike many other states where the “proposal” is actually a sales contract and when all signatures are received, the deal is a legal and enforceable contract, the attorney review period in New Jersey was created to ensure that both the buyer and sellers’ interests where represented prior to a legally enforceable contract being created.
If you put in an offer on a house in NJ, and during the attorney review period you decide against the house, you get out of the “proposal” without any issues. Likewise, if you are a seller and decide not to take an offer (maybe a better one comes in), you have the same opportunity.
Some may consider this a benefit, others may not. One thing is for sure, it offers more time and security to both the buyer and seller.
New Jersey is not a Title state (a state where a title company can execute the closing of a real estate contract), both the seller and the buyer will need to obtain attorneys to represent them during the deal. Attorney fees are typically around $1000 in New Jersey. They can be more depending on the amount of time and negotiation required by the attorney.
Happy house hunting!
By: James Boyer