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Who determines how assets are divided in a divorce?

Posted by on Nov 6, 2017 in Family Law | 0 comments

A divorce isn’t anything that someone looks forward to, but for some couples it is inevitable. The best way to handle things is to try to be amicable and willing to compromise without being unfair to yourself. A common question that comes up is who determines how to split the assets. The final judgment comes from the judge after negotiations between both parties. Ask these questions to your attorney to equip yourself with the knowledge you need to get through this. What is Separate Property? Separate property is something that one spouse has brought into the marriage, such as jewelry, automobiles or anything else of value. Separate property typically remains with the person who originally owned it. Who gets the house? Real estate is a tricky topic. If you can work out an agreement with your spouse for one of you to keep the property in exchange for an equitable asset, that can be done. If an agreement can’t be reached, you might have to sell the property and split the sale costs. What about the car? When it comes to a car the difference in who gets it depends on the state and who owned it during the marriage. You might have to sell it or exchange an asset to allow you to keep your vehicle. Is my retirement safe? It might seem like your retirement should remain in your hands, but this isn’t always the case. Depending on the circumstances, your soon-to-be-ex may be entitled to a portion of your 401 or another retirement plan. Who pays debts? Debts, such as credit cards and automobiles, typically need to be paid by the individual who the loan s name is in. Debts with both names should be split down the middle with each party being responsible for half of the amount. Splitting assets may be one of the most difficult and stressful parts of the entire process. Make a list of everything that is up for dispute to ensure that there is a fair split. Call Thomas & Krail LLC attorneys at law to have experienced attorneys on your side to help you get the assets you should when the process is complete. For more information click...

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5 things I should tell my family attorney

Posted by on Oct 3, 2017 in Family Law | 0 comments

When hiring a family attorney there are certain things your lawyer will need to know. Before you call Thomas & Krail LLC Attorneys at Law, make sure you are ready with the following information: Criminal Record Do you have a criminal record? Make sure to tell your attorney about any previous arrests, sentences, etc. so that they can prepare for your case properly. Personal History Are there crazy rumors floating around about you? Are you a member of a group, religion, or organization that might turn a few heads? Did you have an affair or other illicit relationship? Do you tend to vent on Facebook or other social media? Let your lawyer know up front so they can make sure it doesn’t impact your case. Previous Court Cases and Settlements Do you already have any court orders on record? Are you supposed to pay or receive child support or alimony? Do you have full custody of your child? Let your lawyer know so they can account for these things in their preparation for your case. Any Conflicts of Interest Do you have a business or personal dealing that could be a conflict of interest? If you are financially invested in something that could have an impact on your case, you need to tell your lawyer right away. What Steps Have You Taken So Far? Have you met with anyone else regarding this case? Have you been through an ombudsman or binding arbitration already? Tell your lawyer where you are in this process to help them assist you properly. If you are in need of a family attorney, the professionals at Thomas & Krail LLC Attorneys at Law are ready to assist you. Call them right away for help with all of your needs regarding family law. For more information click...

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What Are the Parental Rights of Unmarried Parents?

Posted by on Sep 15, 2017 in Family Law | 0 comments

 What are the Parental Rights of Unmarried Parents? Unmarried parents generally have the same challenges married parents encounter where child custody is concerned. Although the laws vary depending on the state, whether you are the mother or father of a child will be the main area of focus regarding your parental rights. If you have questions regarding your rights as an unmarried parent, you may want to contact Kelly Krail and Thomas Bojko, experienced family attorneys. Mother’s Parental Rights An unmarried mother is generally regarded as having primary custody and the right to her children. As a result, she has the legal right to have custody, control over the child and the care of the child. As a general rule, the mother’s rights take precedence over the father’s or anyone else. However, parental rights of an unmarried mother can be revoked if she is deemed unfit or abandons her child. Father’s Parental Rights An unmarried father can be awarded custody of a child if he takes proper legal action. In the majority of the states, if the father’s name is on the birth certificate, he is automatically and legally recognized as being the child’s father. He also has the same standing in court as the child’s mother. If the mother is fit and a good parent, an unmarried father cannot gain primary custody of the child. However, the father can gain partial custody or visitation. Factors Courts Consider for Custody or Visitation Generally speaking, the court’s primary consideration in any custody or visitation issue is the best interests of the child. That will always take precedence over the rights of either of the parents. Additionally, the court will consider other aspects as well, such as which of the parents is the primary one, the moral character of the parents, finances and the child’s preference as well as the age of the child. Common Issues for Unmarried Parents Who Live Together but are Not Married There are certain issues that are highly common for unmarried parents who live together but have not yet gotten married or who don’t plan on marrying. These are as follows: • Proving paternity, usually through a birth certificate • Choosing a name both parents can agree on • Ensuring that the child can qualify for government benefits, insurance and more • Child custody and visitation if the parents ever break up If you are an unmarried parent who needs legal representation for a custody case, contact Kelly Krail and Thomas Bojko at Thomas & Krail LLC Attorneys at Law at your earliest convenience. For more information click...

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When and how should you tell your kids you´re getting a divorce?

Posted by on Aug 11, 2017 in Family Law | 0 comments

Divorce represents one of the most legally and personally challenging events that can occur during a lifetime. A divorce becomes even more complicated and emotionally charged when children are involved. If you have children, and are facing a dissolution of your marriage, you may wonder when and how to tell your children you’re getting a divorce. There are a number of tactics that you should bear in mind when it comes to telling your children about a pending divorce. Any conversation you have with your children about divorce must be age appropriate. If you have children that differ rather significantly in their ages, you should consider having multiple conversations geared towards particular children of a given age. Ideally, both you and your spouse discuss a pending divorce with your children in a unified manner. In other words, both you and your spouse sit down together with your children to discuss your decision to divorce. Any discussion about divorce needs to emphasize that your children are not at fault. A conversation about divorce must underscore that both parents will continue to be involved in the lives of the children. Neither you nor your spouse must effort disparage the other in front of the children. A parent must never turn children into pawns during the course of a divorce. If you have made the decision to divorce, and need more information about protecting your legal rights, contact a Freehold family attorney from Thomas & Krail LLC Attorneys at Law. A Freehold family attorney will schedule an initial consultation with you at your convenience. Not only will a Freehold family attorney from Thomas & Krail LLC Attorneys at Law provide an evaluation of your case, legal counsel will also have helpful insights into how to communicate with children during divorce proceedings. You will be able to ask any questions you at have about your case during the consultation. There is no fee charged for an initial consult in a divorce case. For more information click...

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How to choose a good family lawyer?

Posted by on Jul 6, 2017 in Family Law | 0 comments

If you are considering a divorce, or some other legal matter that requires professional assistance, you need to understand how to choose a good Freehold family attorney. There are a number of factors to bear in mind when it comes to selecting and retaining the right family attorney. Experience Matters in Family Law Family law, including divorce, represents one of the most complicated areas in the legal arena, according to Cornell Law School. Therefore, if you are in need of a family law attorney, you must understand the vital importance of experience. When selecting legal counsel, you need to be certain that a lawyer has experience not only in family law generally, but has a strong background in the specific area of family law in which you need representation. Interview a Prospective Attorney The first time you meet with legal counsel, you need to do more than obtain information about your case. An initial consultation provides you an opportunity to interview a lawyer you are considering hiring to represent you in a family law matter. Prepare a list of questions in advance of that preliminary meeting with legal counsel so that you make certain you cover all the bases. Questions should include queries about an attorney’s legal practice history, education, and types of clients most often represented. Obtain a few references from a lawyer. These can include former clients or colleagues in the profession. Be certain to actually make contact with references and get feedback from them about an attorney you are considering engaging. Schedule an Initial Consultation The first step in retaining a skilled, experienced Freehold family attorney is scheduling an initial consultation with a member of the legal team at Thomas & Krail LLC, Attorneys at Law. During an initial consultation, we will provide you an evaluation of your case. We will provide answers to your questions. We charge no fee for an initial consultation about your case. For more information click...

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We lived together for 10 years, do I have any rights if we break up?

Posted by on Feb 3, 2017 in Family Law | 0 comments

The state of New Jersey does not have common-law marriage; however, you may have some rights after living with someone for 10 years. Because you were not married, you may want to consult a Freehold Family Attorney in order to learn what benefits are available for you. Those benefits could include palimony, child support, an equitable division of assets and breach of contract assistance. A Freehold Family Attorney can help you navigate the complexities of the law and will be familiar with the recent legislation enacted in the state to assist people in dissolving an unmarried union. There have been a few cases to set a legal precedent in this area. In the case Kozlowski v. Kozlowski, a couple lived together for 15 years. When they ended the relationship, The New Jersey Supreme Court found that agreements made during the relationship should be upheld and that both parties could seek relief from the court. In the case of Marvin v. Marvin, a precedent for palimony was set in the state of New Jersey. It was determined that contracts between the two parties could be enforced. Similarly, in the case of Crowe v. DeGioia, The New Jersey Supreme Court upheld that a family court may order relief in the form financial support for a party in these type of proceedings. In short, you may have legal remedies open to you when a long term relationship is ended, even if you were not married. Every case is different, so results will vary according to the specifics of your situation. To learn more about your rights after the end of a domestic partnership, you should contact a Freehold Family Attorney such as Thomas & Krail LLC Attorneys at Law immediately....

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