Posts Tagged ‘Period Of Time’

Do You Really Need A Divorce Attorney?

December 11th, 2009



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


Attorney 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


A Power of Attorney is No Cure-All

November 16th, 2009



A power of attorney means peace of mind to a lot of people. What they don’t know is that there are several different types of powers of attorney and if you don’t have the right one it can put you and/or your family at significant risk depending upon your particular set of circumstances. An attorney can give you the details of each type of power of attorney and how they work in your state but here’s a quick description of the three most common.

The Most Common Powers of Attorney

• The Universal Power of Attorney allows one or more people to act on your behalf for any reason at any time.

• The Limited Power of Attorney specifies under what set of circumstances or during what period of time someone is allowed to act on your behalf for certain activities. As an example, it can give someone the authority to act on your behalf for all of your financial affairs in the event of your illness or incapacitation.

• The Specific Power of Attorney usually gives someone authorization to act on your behalf for one specific undertaking like authorizing someone else to sign the closing documents when you buy or sell a house.

Beware of the Universal Power of Attorney
So, why is it important for you to know what types of powers of attorney there are and the benefits and risks of each? The answer is that most of us use only the Universal Power of Attorney; thinking that we are protecting ourselves because we lack the awareness of all of the available options. Many people don’t realize a Universal Power of Attorney gives nearly unlimited power to the holder of this document. It gives that person the legal ability to at any time and for any reason access your medical records; withdraw funds from your bank or investment accounts; sign a contract in your name to buy or sell securities, real estate, an automobile or boat; take out a loan and on and on.

Limited Power of Attorney
A Limited Power of Attorney is an option for designated activities that kicks in only in the event of illness or incapacitation (which is valid as long as a doctor continues to certify the illness or incapacitation) or during a specific span of time. These limits reduce your exposure to possible excesses or bad judgments by those who hold your limited power of attorney.

Using Different Powers of Attorney for Maximum Flexibility
Another thing to consider when designing a legal backup system that will come to your aid when the unexpected happens is whether it is a good idea to overburden any one person with all of the responsibilities of keeping your life afloat until you are able to once again take control of it yourself. The person best suited to oversee your financial and small business matters may not be the best person to care for your pets, children or household. Consider that it would be overwhelming for one person to have to take care of all facets of someone else’s life for any period of time. Making separate authorizations naming several different friends or family members to undertake the various responsibilities of your life protects you more thoroughly.

Knowledge is Power
It is equally important that you provide those you have entrusted to act on your behalf in times of emergency or crisis with the information and instructions necessary for them to know how to help you. So, no matter how many authorizations or powers of attorney you may have put into place, you need to make sure that those who hold your powers of attorney know what you want and expect – from your business needs to the running of your household. If you don’t do this, it would be like hiring a builder but not giving him the plans for the house you want to build.

This process sounds daunting but it can actually be very easy and inexpensive with resources like those offered at www.livingsmartguides.com Whatever tools you select to enable others to give you the help you need in a crunch, don’t delay putting these protections into place so you’re better prepared for whatever lies ahead.

By: Deborah Dillon