When a person or entity (“Lender”) loans money to another person or entity (“Borrower”), the loan is typically formalized with a promissory note. A secured promissory note (on demand) is a written promise in which the borrower has pledged some asset as collateral for repayment to the Lender. In an on-demand promissory note, the Borrower promises to repay… Read More »
An agreement, signed by an individual, containing a provision prohibiting that individual from soliciting a former employer’s customers or clients which is treated as a non-compete agreement. Therefore, these non-solicitation agreements must meet the requirements necessary to non-compete covenants, generally, to be enforceable. If the prospective employee wishes for additional provisions/conditions to be included, the time to negotiate… Read More »
Before you begin to prepare your actual divorce papers, you need to know exactly where you will be filing for your divorce. Three legal considerations enter into this decision. The first is residency. All states have some type of residency requirement regarding filing for divorce. You may only file for your divorce in the state in which you… Read More »
The first and most important preliminary matter that you and your spouse must both confront is: You are urged to think very seriously about the answer to this question. Until your divorce is actually finalized by a court of law, you can attempt at any time to reconcile your differences with your spouse and continue with your marriage.… Read More »
If after an honest attempt to come to an agreement, you and your spouse are still unable to reach an accord, there are other methods of dispute resolution available before you seek legal help. The use of a neutral third person can often make the difference in negotiating a settlement.
The alternative to both the uncontested default divorce (in which one spouse does not participate in the decision-making) and the contested divorce is the divorce by agreement. In this type of divorce, fault is not a factor.
The major changes in all phases of divorce law, discussed in other articles in this category have begun to incorporate the equally important changes that have taken place in society in general during the past 35 years. Economics has replaced morality as the overriding concern in many aspects of American society. Women are gradually being treated more equally and… Read More »
One of the continuing tragedies of divorce is the failure of many children of divorce to receive adequate child support. In over 50 percent of all child support situations, the required payments are either paid late or not at all.
In the past, the law assumed that mothers were best suited to care for minor children. When a family was broken by divorce, there was a strong legal presumption that the mother, and only the mother, was to get custody. Traditionally, the only way a father could get custody was to prove that the mother was totally “unfit”… Read More »
Prior to the recent changes in the law, many wives were considered to be eligible for and even entitled to continued support by their ex-husbands after the marriage, often for the rest of their lives or until their subsequent remarriage. This support was provided to the wives by alimony payments.