Posts made in January 2021

Contracts are present in all facets of our lives, and they can be present more frequently in family law matters than you would think. These agreements between two or more parties can actually be an important part of your case moving forward. However, you must be mindful of contract law and what contracts must be in writing for your family law case.

Keep reading to learn more about contracts that must be in writing under family law.

Defining Contracts under Family Law

For family law matters, we define a contract as the legal written document that shows the intent of two or more parties to enter into an agreement. Generally speaking, something is considered “legal” if it is recognized within contract law and does not violate public policy.

Why Some Contracts Must be in Writing

Written contracts can be essential to your family law case because: In history, the Statute of Frauds of 1677 required certain contracts to be in writing. However, it was not until the 20th Century that almost every state adopted a version of that statute and made it a part of contract law within the United States.

Forms of Typical Contract Law in Family Cases

When it comes to family law, you might encounter the following contracts: Written contracts are also essential when it comes to property division for family law cases. A common way that people enter into contracts is using prenuptial agreements. Both prenuptial and postnuptial agreements must be in writing to be legally binding.

Contract Law for Divorce

It’s important to understand that verbal contracts (or oral contracts) are generally not valid or legally binding when it comes to matters of marital property and divorce. That’s why agreements such as separation agreements and divorce settlements must be in writing so that they can be enforceable in a court of law. Otherwise, the terms may not be able to be proved in the event of a dispute.

Most people are likely familiar with written contracts when it comes to matters of real estate, such as the purchase of a new house. However, what people do not realize is that the same is expected in other matters, such as divorce or child custody.

For example, court-made agreements that have not been put into writing can be at risk. If an agreement was verbal but then one party decided to not stick to the agreement, you could not provide your agreement as evidence to the court.

If you haven’t made your agreement clear in the proper way – in writing – then the court often has no choice but to divide the marital property completely in half. In the eyes of the law, you would not have a contract to show the court in order to get your fair amount of property.

If you work with your lawyer, you could make your oral agreements binding and be protected under contract law. However, your lawyer must know the details of your agreement, and you may need to provide information on when it was created and what issues it covers.

Again, the goal is to help your agreement stay clear for when it goes to court. Otherwise, it could be difficult for your lawyer to represent you.

Getting the Help You Need

If you need help with your written agreement – whether it’s a postnuptial agreement or a non-marital agreement, for example – we advise hiring a skilled family law attorney. They can deeply understand the laws of your state and guide you through the process.

For more information on contract law, you can visit Wikipedia.

In the midst of a divorce or child custody case, almost every legal document is placed under the microscope. One commonly used legal document that can be specifically scrutinized is a rental agreement. Specifically, the question of whether the rental agreement was notarized. In fact, it is very important that all legal documents, including rental agreements, be signed and executed correctly. When this does not happen, many legal disputes can arise in the years to follow.

In the majority of divorce and custody cases, a spouse or parent will have exclusive possession of the marital home or shared apartment. However, the party moving out of the home will want to have some form of reassurance that they will not be held financially liable for rent or mortgage payments after they move out. This is where a rental agreement comes into play. If a couple is living with each other, but is legally separated and intends on getting a divorce, they will enter into an exclusive rental agreement where one spouse (or both) will sign a legal document stating that, the moment they move out, they will not be liable for the home. If a spouse or parent does not sign a rental agreement prior to moving out of the home, they may be liable for all future billings. Not having a rental agreement is a major red flag to the court in divorce and custody cases. It shows that one spouse may be out to get the other and will use any means necessary to make them responsible. In fact, it’s one of the first questions the court will ask when reviewing rental agreements that were not notarized.

Outside of the immediate need for reassurance that they will not be held responsible for rent or mortgage payments, there is another reason to have rental agreements notarized. If the document is not notarized, the tenant or occupant may be responsible for paying rent or mortgage payments. Courts will typically hold tenants who do not have notarized agreements responsible for payment. That being said, if a rental agreement is notarized and the occupant or tenant refuses or is unable to pay rent on the property, they may be held in contempt of court.

A common misconception amongst tenants and occupants is that while notarized rental agreements are binding, they are not legally enforceable. To the contrary, all legal documents are subject to misinterpretation. That being said, as long as the rental agreement is notarized, it will be considered legally binding in a court of law.

While rents and bills may vary from state to state and province to province, rental agreements do not. In fact, in many states, rental agreements require a judge to approve the request. That being said, there are strict procedures that must be followed when notarizing a lease. For example, an individual must go before a notary and formally sign their rental agreement. That notary then places a seal on the document and will keep a copy of the agreement on file for their records. In some states, this costs approximately $25 per lease, while other state may charge upwards of $200 per lease. So the total cost of notarizing 10 leases could run anywhere from $250 to $2,000.

In today’s society, we often take great lengths to ensure that our loved ones are taken care of and that their needs are handled during the unfortunate circumstances of a divorce or separation. While most individuals entering into a rental agreement are concerned with having the proper protection, they are unaware of the fact that notarization can be an invaluable legal tool. While notarization is important, it can be remarkably simple. Notaries simply need to remain an impartial third party when notarizing a legal document. In fact, notaries cannot notarize their own documents or documents for their close family and friends. During the notarization process, an impartial third party will watch as the signer completes the document. Once notarized, the document becomes legally binding.

In the event that a rental agreement was not notarized, it is typically in the best interest of the parties involved to move forward with notarization. Not only will the court enforce notarized documents, but the process is relatively easy to complete. As was previously mentioned, an impartial third party must request that the tenant or occupant sign the rental agreement in front of them. Once notarized, the notarized rental agreement can never be contested in a court of law. In fact, it is recommended that individuals-whether they’re landlords, tenants or occupants-seek the assistance of an attorney when documenting their rental agreements. In the event that a legal dispute arises, tenants or occupants may want to seek the assistance of a lawyer to ensure that their rental agreement is legally binding.

As a Pennsylvania divorce lawyer, Scott L. Levine’s practice is focused on informing clients of all relevant aspects of their legal situation. Of course, the law is never black & white, and can often cross between criminal, family or civil aspects. One such matter, often asked of lawyers, is the legal status of is dumpster diving legal in pennsylvania? What are the property rights issues, how does it cross over with privacy law? What is important to know?

What is dumpster diving? Simply put: dumpster diving is stealing, if you don’t own the items you’re taking. If someone goes out at night to pick through the neighborhood trash to make a little extra money – that’s not usually a crime. If you take someone’s trash, it turns out, you’re taking property. Property laws vary from state to state, and here are some of the general parameters:

Is dumpster diving illegal in Pennsylvania?

Although dumpster diving laws could be considered most closely related to theft, there are many practical concerns, such as local laws. While dumpster diving without permission (in which you are expected to return the items) is considered breaking the law, to be “caught in the act” can prove difficult for police officers. Under property laws, if claims of dumpster diving arise in a Pennsylvania court of law, the act itself will not be considered illegal, but there are many grey areas that might be missed before making a move.

Expectations of Privacy

While privacy laws in Pennsylvania differ greatly from other states, this would be particularly true in the case of dumpster ashes. This is a far more valuable resource, and the loss of which can be devastating to those who disposed it. Private waste disposal or large containers left in private driveways are situations in which dumpster diving has been known to occur.

Trash searches, such as those performed by the FBI, DEA, or other state police departments in Pennsylvania, almost always require a search warrant. If you waited until the trash has been set out (ranging from the time before garbage collection in the early morning until the time you collect it, often up to 5AM), then the trash is considered sufficient property to search. However, once garbage collection has occurred, the items are considered public. This means that – unless the trash is contained in a place left open to the public (cul-de-sac, shared drive-way) – the dumpster diving is illegal. If it is a dumpster that is privately owned and registered with a recycling service (such as those around households in major cities) then waste management companies often have different rules. Because of this, while a dumpster may seem like an easy resource to search through at any time, it is best to confirm property ownership.

Pennsylvania Family Law, Divorce, Privacy Rights, & Dumpster Diving

In a recent case in Harrisburg, Pennsylvania, junk cars and dumpsters resulted in a 75k penalty for a driver who answered a $10 phone question. This was for private dumpster disposal but, under the same logic, could have easily resulted from a dumpster dumpster search. Under Pennsylvania law, if there is property found that could result in determining the future of a custody agreement, divorce, or any related proceedings conducted by the Judge, the items in question could be admissible. If a dumpster is behind a private home, but accessible, a divorce attorney could seek additional search warrants if necessary.

Could there be legal consequences for repetitive trash diving?

In some cases, police could attempt a misdemeanor charge. The investigation would be the responsibility of the Pennsylvania police, FBI, and other agencies. Other than these more severe actions, you could be charged with trespass, or a minor charge.

What if I’m a Professional, handling evidence?

If you are a private investigator, attorney or health therapist you have a professional responsibility not to mishandle any material or evidence obtained through a search of any kind. This could lead to a case being thrown out, or it might require any privacy logs to be captured to use in court. It is always important to take careful notes, as well as witness any actions against a person’s personal property. In some cases, you might even have more stringent requirements.

What if the Divorce Unit tests someone?

If the divorce unit is involved, it’s best to consult a family law attorney or judge if they can pursue dumpster ashes. More specifically, this would be if they were opening anything that contained full addresses. In some cases, it could be thrown out, in others, it may well be held up. There are many layers to the law that make this a case-by-case basis.

What if I have a question?

There are many questions regarding dumpster searching and privacy values of personal property. Those expected privacy values are often preferred at the family law level when any notable personal items are included within remaining property.

For more information on privacy laws, you can visit Wikipedia on Privacy Law.