Public Designs » Legal http://www.publicdesigns.com Tue, 23 Feb 2010 15:46:25 +0000 http://wordpress.org/?v=abc en hourly 1 Do it Yourself Divorces http://www.publicdesigns.com/legal-and-attorny/do-it-yourself-divorces/ http://www.publicdesigns.com/legal-and-attorny/do-it-yourself-divorces/#comments Thu, 19 Jun 2008 04:42:29 +0000 admin http://www.publicdesigns.com/?p=63 If there are any points on which you can’t agree, you both should consider using an attorney and filing in this fashion , otherwise, a DIY divorce will serve your purposes well. If so then contacting an attorney will assure that both of you are fairly treated in the settlement. Do you both agree on custody and visitation of the children involved? Additionally, assets in excess of 200,000 dollars really do require an attorney to fairly divide them. If your assets are not simple and straightforward and you cannot agree on a way to divide them, you would need an attorney. If you believe that some assets of the marriage have not been disclosed, then an attorney will benefit both of you. The key to surviving the emotional, financial and legal turmoil that divorce can cause is to make sure that everyone involved has the best possible information they can have, and proceeds in a way that will make your divorce as easy as such a traumatic event can be. The fee will usually be about 25 dollars but knowing the laws of your area and being able to adhere to them when filing your divorce will make it well worth your while. If you and your spouse want to be divorced and are amiable and able to agree on how to divide your marital assets as well as how to relegate the property and visitation and custody of the children between the two of you, without the assistance of guidance of an attorney, then perhaps DIY divorce will meet your needs. If you are not in agreement on all issues pertaining to your divorce, you will need an attorney. A DIY divorce is one which is accomplished without the use of an attorney. Divorce, even an amiable one, is not an easy prospect and the financial and emotional ramifications will create a great deal of stress, so that filing it correctly, and being knowledgeable about the laws in your area will help you to remain as unstressed as you possibly can be. A checklist of issues that might make an attorney necessary would look like the one below. Web sites such as Legal Zoom, a DIY legal site can help you to provide yourself with the legal, and financial knowledge that you will need to make your way through the convolutions that divorce will offer, and will in fact provide you the documents that you require to file. To begin the DIY divorce process you will want to file an original petition for divorce, which needs to be filed with the local clerk of courts and will legally begin your petition for divorce. Do you believe that your divorce agreement is unfair to you in any way? In many cases your local courthouse can also provide those documents that need to be filed free of charge. The best method to begin will be the purchase of a book which offers state specific divorce laws that will be pertinent to your state and situation. In many cases, such as when minor children are part of the discussions and no visitation or custody can be agreed upon then an attorney is your only alternative, however if this is not the case with you, and you have no real qualms about the divorce, nor believe it will be contested, this will be the easier and most inexpensive method to arrange your divorce.

Generally the courts will want the filer to specify the cause for the divorce, which in many cases will be irreconcilable differences, the normal filing reason used in most no fault divorce cases. If not, you will absolutely need an attorney to discuss your case with.

]]> http://www.publicdesigns.com/legal-and-attorny/do-it-yourself-divorces/feed/ 1 How to Write Your Own Will http://www.publicdesigns.com/legal-and-attorny/how-to-write-your-own-will/ http://www.publicdesigns.com/legal-and-attorny/how-to-write-your-own-will/#comments Thu, 19 Jun 2008 04:40:07 +0000 admin http://www.publicdesigns.com/?p=62 Simply follow these steps to make sure that your last will and testament is legally binding.
You can also purchase last will and testament forms that you simply fill in.
But if you want a free last will and testament, follow these steps.
At the top of the will, you’ll need to identify yourself. You want to put enough information so that there’s no question about who you are. List your full name and maiden name, your social security number, birth date, and current address. This way, there can be no question that this is your will and not someone else’s.
In the first paragraph, you need to:
State that this is your last will and testament.
State that you are revoking any other wills or codicils that were previously made. Even if you didn’t make any, make sure to include this statement. Otherwise, there may be delays in processing your will while the lawyers look for an older one.
State that you’re of sound mind and under no duress when writing your will.
In the second paragraph, list your spouse and children. If your children are under 18 and you have no spouse, you will need to designate someone to take care of them. It’s a good idea to ask your designated person first!
In the third paragraph, appoint an Executor for your estate. This person will handle your estate, including paying off your debts and funeral costs and disposing of any property that you don’t otherwise bequeath. The funds will be divided among your beneficiaries. States have varying requirements for who is qualified to be an Executor. In most cases, he or she needs to be a resident of the state and age 18 or older, but it’s a good idea to check your state’s laws to make sure that your choice is legal. You can also designate a payment to be made to the Executor if you wish.
List the people you want to give to and the percentage of the money they should receive. Make sure to fully identify the person; there are a lot of Mary Smiths in the world. Make sure that the percentages add up to 100%.
Designate a person to receive any other assets remaining in the estate. This way, you insure that everything has a home.
The laws on last will and testament signatures vary depending on the state, so check on that too. Generally, you’ll have to sign in the presence of two witnesses and a notary
republic. These people can’t be related to you, and they can’t be listed in the will. They should also be at least age 18.
Carefully store the will, and give a copy to your Executor to make it as easy as possible for them to do their job.
By following these steps carefully, you should have a valid last will and testament. However, these recommendations are not to be taken as legal advice, and you may want to consult a lawyer if you have special circumstances not covered in the above tips.

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