Stafford and Heafner Personal Injury Law Firm Spartanburg, SC

There was a time when prenuptial agreements were treated very cautiously by the courts and it was difficult to enforce them. The courts took the attitude that prenuptial agreements encouraged divorce, and that this was against the public policy of encouraging marriage. Times have changed, and now prenuptial agreements are more common and are normally enforced by courts. Many states even have statutory provisions governing prenuptial agreements. However, there are many circumstances when a prenuptial agreement may not be enforced. These circumstances are as follows: 1. If there was duress or coercion used to get one party to sign the
[Read More …]

Stafford and Heafner Law Firm

Prenuptial agreements, or “prenups” may seem like a modern legal creation, but they actually have existed in some societies for thousands of years. A prenuptial agreement is any contract or arrangement that a couple makes before they are officially married. But, the role and form that these agreements have taken in the United States have changed as our culture’s and legal system’s views of divorce, women’s rights, and fairness have changed. Ancient Roots One of the oldest prenuptial agreements ever found was a 2,000-year-old Hebrew marriage contract. Scholars have found legal agreements that can fairly be described as prenuptial agreements
[Read More …]

Stafford and Heafner Law Firm

The only thing Hollywood loves more than two beautiful people getting married is to watch as seemingly perfect couples fall apart. Because celebrity marriages are notoriously turbulent and there is so much money involved, it’s no surprise that celebrities have some of the strangest and most interesting prenup clauses around. Here are some the best celebrity prenup stories. Cheating Clauses One of the most common clauses in a celebrity prenup is that “cheating clause”. This clause awards one spouse money if their divorce after one spouse was caught cheating. These are so common, it’s a wonder that any celebrity ever
[Read More …]

Stafford and Heafner Law Firm

Actor Terrence Howard’s
divorce made headlines not only for his celebrity, but for the contentious and
scandalous details of his divorce agreement. Claiming he was coerced into
signing an agreement that promised his ex-wife an exorbitant amount of
money to be paid in spousal support, Howard claimed to be under duress
when he agree to pay such a generous amount for spousal support. His lawyer
asserted that he feared she would leak embarrassing information about
him if he refused to pay what she requested, which is why he so readily
agreed to share his lucrative earnings post-divorce.

Situations like this are all too common. While most people aren’t
requesting $5,800 a month like Howard’s ex-wife, there are certainly
many situations in which people are being blatantly manipulated, threatened,
or coerced into agreeing to a divorce agreement that they otherwise would
not have. This is known as duress during divorce, and if the court finds
it to be true, the divorce agreement in question could be rendered invalid.
If agreements are made under the threat of financial, physical, or personal
harm, they are not necessarily binding in a court of law and can be reopened
and renegotiated.

Contact Our New York Divorce Lawyers Today

Divorces are contentious in nature, but they shouldn’t be deliberately unfair.
If you feel you are being forced into a divorce agreement that is blatantly
one-sided and unfair to you, our New York lawyers refuse to allow that
to happen. At
Eiges & Orgel, PLLC, we are committed to advocating for those who feel they have no voice
in their impending divorce. If you believe you entered a divorce agreement
under duress, we want to help. Our legal team is dedicated to pursuing
justice because we feel no one should have to subscribe to a way of life
when they don’t want to.

Contact us today by calling (347) 848-1850.

Stafford and Heafner Law Firm

Divorce is an immense emotional undertaking, but it is also an intense legal minefield
as well. Divorce lawyers spend their careers learning the intricacies
of family law and what it takes to best represent a client and effectively
protect his or her interests. Trying to attempt this on your own might
seem alluring, given the legal costs you believe you will save, but making
this mistake can actually end up costing you more in the long run. To
simplify the process and ensure that it goes more smoothly, it is important
to reach out to an experienced legal professional. With the right representation
on your side, you can achieve the best possible outcome for your divorce,
rather than fumbling with the law.

Still not convinced? Consider the following reasons before making any decisions
regarding whether or not you should begin the divorce process without a lawyer:

1. Divorce can be complicated: Divorce is not just about ending a marriage.
   It involves several facets such as custody issues, property and asset
   division, marital estate and support matters, prenuptial and postnuptial
   agreements, and protection from abuse litigation. Each one of these can
   carry a host of problems and emotional distress, but together, they can
   amount to an insurmountable obstacle. A lawyer can look at your situation
   with a level head and help you understand the legal system and your options.
   He or she will also be able to resolve your case through skilled negotiations
   or, if necessary, aggressive litigation, to help obtain the results you need.
2. You are going through a high-asset divorce: Ultimately, all divorces are
   the same – you and your spouse will no longer be together at the
   end of this process. However, the path to this end is not always the same,
   especially in high-asset divorce cases. These types of cases can be exponentially
   more complex and often require an attorney with years of experience, financial
   expertise, and extensive negotiation skills. A high-asset divorce often
   involves real estate, expensive personal property, business and professional
   practices, stock options, cars and boats, jewelry, and other pricey collectibles.
   A lawyer will assess the full scope of your marital estate, enabling all
   parties to work toward a fair division of assets and debts.
3. You are emotionally invested: It is nearly impossible for spouses to take
   a completely level-headed approach to divorce, devoid of the emotions
   that led them to the moment of separation. There is nothing wrong with
   being emotionally invested or upset. In fact, it is only natural. That
   said, it also means diving into the process of a divorce on your own,
   without legal assistance, can result in some irreversible mistakes. A
   lawyer will have the clarity and emotional stability that you are lacking
   on these personal matters. This is the time to have a professional and
   experienced individual take care of the details.
4. Avoid delays and costly mistakes: Divorce can be a time-consuming and arduous
   process for those unfamiliar with the law. Unless you are a lawyer, the
   fact is that you will likely end up scrambling for answers while trying
   to figure out what steps to take next. Ask yourself how much your time
   is worth. Having to go through the trial and error of ending your marriage
   will only inflict more stress on your life than you area already enduring.

These missteps can also cost you. If you forget to mention medical issues,
credit card debt, or misjudge the value of an asset, this might harm you
in court. Having an attorney prepare and file the paperwork can assure
that any and all necessary information is provided, which can also speed
up the process. In the end, this is about trying to start a new life,
so why not do everything possible to move forward and put the past behind you?

5. Lack of spousal communication: Spousal communication is often damaged or
   non-existent by the time divorce proceedings begin, making it difficult
   to move along the process in a timely manner. The cooperation and involvement
   of both spouses is necessary for a more efficient divorce and, if you
   and your soon-to-be ex are not on speaking terms, a lawyer will bridge
   those gaps and coordinate the logistics for you.

New York City Divorce Attorney

If you have made the decision to end your marriage, now is the time to
seek the legal assistance of a skilled and experienced New York divorce
attorney. At Eiges & Orgel, PLLC, we have been effectively assisting
clients for more than three decades, successfully resolving over 3,000
cases. Whether your divorce is contested or uncontested, our attorneys
can help you through all aspects of the process.

For all of your divorce and family law matters, you can confidently turn
to an associate at our firm to help you navigate the legal process.

Call us today at
(347) 848-1850 to schedule a consultation with a trusted member of our legal team. Our
firm is open on Saturdays by request.

Stafford and Heafner Law Firm

New York’s Administration for Children’s Services was created
to protect kids from the abuse or neglect of their families. However,
there has been a disturbing trend in Children’s Services that allows
them to take kids away from their parents on the grounds the child’s
safety is at risk without sufficient evidence to prove such an assertion.
This trend has been a particular problem in poorer neighborhoods.

The agency’s requests for removals filed in family court rose about
40% in the first quarter of 2017 compared to the year before, according
to statistics obtained by
The New York Times. When interviewed, dozens of lawyers working on these cases say the removals
typically target parents who have few resources. The parents who are usually
punished for “poor parenting” are poor black or Hispanic women.
The practice has led to some calling it “Jane Crow,” in a
historical reference to the racist Jim Crow laws enforcing racial segregation
in the South.

In one case of Jane Crow targeting, a woman, Maisha Joefield, who was taking
a bath after she had put her daughter to bed, came out of the bathroom
to an empty home. Ms. Joefield’s daughter had gone across the street
to her great-grandmother’s apartment. However, the police became
involved. Law enforcement, instead of listening to Ms. Joefield’s
story, automatically removed Deja from her apartment and Children’s
Services placed her into foster care. Ms. Joefield was then charged with
endangering the welfare of a child.

Lawyers who oversee these cases also understand that the same kind of mistake
made by a woman in a richer neighborhood wouldn’t result in the
same type of punishment. When interviewed about the situation, a lawyer
at Brooklyn Defender Services, Scott Hechinger, said the following about
the double standard: “Society both infantilizes them [poor mothers]
and holds them to superhuman standards.”

Family law attorneys who represent the victims of this type of double standard
find the removals tend to happen after high-profile failures in the Children’s
Services systems. For example, last December, two children who were both
being monitored by the agency were beaten to death in separate incidents.
Early this year, as seeming response, 300 emergency removals happened
in January and February.

Ms. Joefield was eventually released from jail, and her daughter was returned
to her 4 days after her court hearing; however, the case stayed open for
a year, and Ms. Joefield had to take parenting classes and endure caseworkers
stopping by her home to check her cupboards for sufficient food supplies
and her daughter for any bruises.

While some cases of removal are needed, even short-term removals for circumstances
that make no logical sense can have a lasting effect on the development
of vulnerable children. Even a brief stay in foster care can be terrifying
for a child and can upset family life. Mrs. Joefield, who was by all accounts
an excellent mother, was put on a state registry of child abusers for
years. This registry prevented her from working with kids, which, as a
former day care worker, was a terrible strike to her employment.

Likewise, the threat of Children’s Services has been used as a weapon
by landlords who want immediate payment from lower paying tenants. In
one case, a woman named Bernadette Charles complained to 311 about the
condition in which she and her family were living in. Water damage affected
the ceilings and ruined their furniture, large rats were taking over the
kitchen, and she had found black mold in the bathroom. The landlord found
out about her complaint and punished her by calling Children’s Services.
An agency worker arrived 4 days later, cited unsafe conditions, and took
Ms. Charles’s children away.

Read more about these cases on
The
New York Times website
here. If you’re being targeted by Children’s Services, don’t
hesitate to protect yourself and your family from needless persecution.
Talk to one of our skilled
New York family law attorneys at
Eiges & Orgel, PLLC. We have more than 40 years of legal experience to offer your case. Let
us see how we can use our expertise to help you.

Contact us at (347) 848-1850 or fill out our online form to schedule a consultation
with us today.

Stafford and Heafner Law Firm