Legal Arrangement

February 4, 2014

Retirement Planning and Divorce

Going through divorce means big changes for both parties. Daily life changes drastically, new lifestyles must be built, and assets must be divided. It takes a lot of planning and careful consideration in order to protect yourself and your fair share of your assets in divorce. There are many tricky things to divide up from homes and vehicles to bank accounts and retirement plans. Tricky or not, retirement plans are often one of the largest assets that couples have to […]
June 30, 2013

What is a Collaborative Divorce?

A divorce is never an easy situation to find oneself in; and many times proceedings can seem like they continue forever before they come to an end. A NJ family attorney can help couples file a collaborative divorce which is a new alternative to the traditional process. Collaborative divorce law allows the spouses to work with attorneys who will help them negotiate the terms of a divorce in a much friendlier and peaceful environment. Each spouse will hire a collaborative […]
June 25, 2013

What is Attorney Attorney Confidentiality?

Many times all that is discussed is the lawyer-client relationship as it relates to confidentiality. However, attorney-attorney confidentiality is just as important. A NJ attorney has the ethical duty of not disclosing information that is related to the representation of his client. Confidentiality is in effect at all times for the attorney, not just when they are facing legal demands for client information.
June 21, 2013

What is RPC Rule 1.4?

It is imperative in any professional position that clear communication be established, but even more so for the attorney. If a NJ Attorney desires to have a successful practice good communication skills are essential. They must be able to effectively communicate on many levels with associates, other legal professionals, vendors, staff, partners and of course with their clientele. When a lawyer can communicate effectively they will demonstrate more confidence which can lead to increased clientele. In order to build a […]
June 18, 2013

What is RPC Rule 1.1?

The Rules of Professional Conduct cover many different topics as they pertain to lawyers and how they handle their profession. Section 1.1 deals with the lawyer’s competency. The two sections contained under competency explain that lawyers must handle legal matters ethically; they cannot neglect a matter which has been entrusted to them in any way that constitutes gross negligence. Lawyers must be competent in their handling of legal matters in general such that they do not show evidence of patterns […]
June 13, 2013

What is RPC Rule 7.3?

Every New Jersey attorney is required to handle all their professional legal matters according to the Rules of Professional Conduct. The RPC outlines how lawyers are to conduct themselves in an ethical manner. Following these rules of conduct can help protect clients from lawyer’s unethical practices but they are also in place to provide protection for lawyers. Rule 7.3 offers the guidelines by which lawyers should handle personal contact with their clients or prospective clients. Lawyers must be allowed to […]
June 4, 2013

What is an RPC Violation?

The NJ attorney is bound by the Rules of Professional Conduct as they are outlined to provide protection for both the client and the legal professional. Lawyers must conduct all of their business in an ethical and honest way. Some of the rules contain wording which states either “shall” or “shall not”; while other portions use the kinder terms, “may” or “may not.” The rules which state a lawyer “may” or “may not” participate in a specific action are largely […]
May 30, 2013

Division of Property in a No Fault Divorce

Couples who file for divorce in New Jersey have the option of a no-fault or a fault-based divorce. In a no-fault divorce the parties agree that there are irreconcilable differences which simply means they lack the ability to get along any further and there’s not a chance that they will be able to work it out and get back together. Spouses seeking a no-fault divorce are not required to find fault with the other party or point to something bad […]
May 28, 2013

How do I Get a Divorce in NJ?

In many areas of the United States the steps for filing for a divorce are very similar with very few differences. Some states even provide kits for uncontested divorces which can be filled out and submitted to the court clerk without the use of a family law attorney. But in most cases it is better to have a family law attorney on hand to help the couple work through the various and unique circumstances they may be facing. One thing […]
May 23, 2013

What is a Common Law Marriage?

When a couple presents themselves as husband and wife and cohabitates for a substantial period of time they can be deemed married without the issuance of a marriage license or a ceremony.  Usually the couple dwells together for at least a year and are in an agreement to become married at a later date. Every state does not recognize or permit common law marriages. However, in most cases if a couple becomes “married” by common law in another state sister […]
May 21, 2013

Is Common Law Legal in NJ?

New Jersey is a common law state. In the United States there are two basic legal systems which govern marital property: common law and community property. The community property system is founded on Spanish law and is usually practiced in the western and south western portions of the United States. Alaska offers couples the right to opt in for community property. Common law, on the other hand has its foundation in English law and it is what governs most of […]
May 18, 2013

What is Common Law?

The term Common Law refers to a legal system which is for the most part formed by decisions that have been made by the courts rather than on written laws and regulations that are imposed by government officials or legislatures. Reasoning per each case is necessary to interpret common law. It is based more on a principle and reasoning through particular circumstances to evaluate a case and determine what laws are actually applicable. This means that decisions which have been […]
May 15, 2013

How to Choose a Family Law Attorney

Choosing a family law attorney can be a difficult task that we all must face at one time or another. However, it is important to remember that a family law attorney does much more than help with divorce proceedings. They may assist setting up a trust fund, a living will or help get any number of legal documents in order. NJ family law attorneys help protect both families and assets. Even though selecting one seems like an arduous task, there […]
May 13, 2013

How is Spousal Support Determined?

Upon choosing to get a divorce, most couples will choose a NJ family law attorney to handle the entire legal proceeding. For individuals obtaining a divorce in New Jersey there are some clear cut calculations which are used to determine any child support that is to be paid. But it is not that simple to determine spousal support, or alimony. NJ alimony laws offer some very general guidelines for determining how much spousal support, alimony or divorce maintenance will be […]
March 14, 2013

What is Arbitration?

Arbitration is a way to solve a dispute legally. An independent third party will determine the resolution to the dispute in a private setting. An arbitration hearing can use either a tribunal or an individual arbitrator. A tribunal is typically made up of several arbitrators. It is customary in most settings to have an odd number of tribunal members in order to avoid a tie. The parties who are involved in the dispute will hand their power to decide the […]
March 11, 2013

Benefits of Mediation

Mediation can help settle disputes for those who choose not to pursue lawsuits or for those types of cases which do not merit a full blown lawsuit. Even though mediation does not guarantee that everyone will agree with the results, there are some benefits for choosing to settle a matter through the mediation process. Economic Decision Choosing to pursue mediation to settle a matter can completely be an economic decision. The process is usually much less expensive than litigation or […]
March 9, 2013

What is Mediation?

While some people just want to have their day in court, for the vast majority court is not considered to be fun or appealing in any way. Mediation provides a way to resolve legal issues without requiring a court appearance. It can be substantially less time consuming than pursuing a court case and justice can be just as obtainable. The Process of Mediation Two parties who cannot reach an agreeable resolution may choose to engage in the process of mediation. […]
February 22, 2013

What is a Testamentary Trust?

There are many different types of trusts that are created for a wide variety of purposes. One of the most common trusts is a Testamentary Trust which is typically set up for a young child, a relative with a disability, or any other person who inherits a large sum of money upon the death of a testator. This type of trust is commonly contained in a will which provides how the estate or part of an estate is to be […]
February 20, 2013

What is a Special Needs Trust?

When an individual creates a trust it is a legal document which contains specific instructions regarding how resources are distributed and/or managed. The Grantor is the person who establishes the trust; the Beneficiary is the person for whom the trust was created and they will receive the benefit of the trust. When the Grantor draws up a trust they will also appoint a Trustee who will manage and distribute the funds to benefit the Beneficiary. There are many ways that […]
February 19, 2013

Types of Trusts

Trusts are all very similar in nature whether they are created to protect assets, develop estate planning, or provide private benefits. However, trusts do not have to deal with the same type of property and they are not all created for the same purpose or in the same manner. There are many different types of trusts that can be created partly because of the wide variety of purposes and individual needs. A trust can be created by almost anyone and […]
February 16, 2013

Trusts and Estate Planning

A trust is a legal arrangement which can be a very important tool for either a business or an individual. There are several different types of trusts that can be formed and they each have their own benefit. In order to understand the benefits of a trust, it is important to first understand exactly what it means legally. It is also important to know precisely how a trust works.