Category: Family Law Resources

Family law related resources you may find helpful

Follow your dreams, not the crowd

by Jonathan C. Noble, Esq. April 22, 2020 3 minute read

Is marriage an outdated concept? This young man seems to be “going his own way”.

Fewer people are choosing marriage.

There is no shortage of information indicating fewer Americans are getting married. Recent studies show that marriage rates have been trending downward for decades. This short article examines some possible reasons why fewer people are marrying.

For many, the focus has turned inward. Self-care, setting personal goals, building wealth, becoming the best version of yourself, enjoying life is the new priority. For many, marriage is simply not a priority or even in the plan.

Many people are shunning conventional social norms regarding marriage and cohabitation. Many more people are establishing and pursuing their own goals and lifestyles, without regard for the norms of past decades. The high rate of non-functioning marriages, the 50%+ divorce rate (for first marriages) and the difficulty of obtaining a divorce have Americans rethinking the concept of marriage.

It is very easy to get married. It can be very difficult to get unmarried. Think before you act. Live intentionally.

Sometimes people enter marriage without properly vetting their future spouse. Untreated mental health disorders and incompatible personality problems are often overlooked and cast aside in the shadow of some people finding their “soulmate”. As a divorce lawyer, I have seen many people who believed that they could “fix” themselves if only they could find a suitable spouse. This almost never leads to a happily-ever-after.

Work hard on yourself. Take excellent care of yourself. Bring the very best version of yourself to the relationship. Insist on nothing less from the other person in your relationship. Live with intention. Marriage cannot and will not “save” you.

If you are coming into my office for a divorce consultation, it is usually too late. If you are thinking about getting married, take your time. Marriage could be one of the most important decisions you will make in your life.

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Every married person has a prenup. Either your own valid prenup or state divorce laws (by default) will control the outcome of your divorce.

by Jonathan C. Noble, Esq. April 16, 2020 3 minute read

If a marriage ends due to divorce, every married person will either be subject to state divorce laws or subject to the terms of their own valid prenuptial agreement.

Either state divorce laws OR your own valid prenup will determine the outcome of your divorce and post-divorce life.

If you think about it, every married person has a prenuptial agreement in place. Smart couples negotiate and enter into their own valid, written prenuptial agreement. It is usually best for each person to choose and to hire an experienced attorney to draft, negotiate and execute a prenuptial agreement. Prenuptial agreements are not a Do-It-Yourself legal matter.

If you get married and the marriage becomes non-functioning, and you have not negotiated and executed your own valid prenuptial agreement, your legal rights and responsibilities will be governed by state divorce laws. So, in other words, without your own valid prenup in place, you will be subject to a “default prenup” also known as state divorce laws.

It takes time to draft and execute a valid prenup. Start the prenup process early.

Thinking about getting engaged? Do not be afraid to initiate the conversation about putting a valid prenup in place. In the event your marriage becomes non-functioning, a valid prenup can save you time and extensive costs in getting through the divorce process. I suggest that prenups be drafted and properly executed BEFORE any wedding plans are made. There should not be any time or other pressures placed on either person during the prenup process. Each person should have legal counsel of their own choosing.

Every person who marries has a prenuptial agreement. Either your own valid prenup or state divorce laws. GOOD NEWS: YOU CHOOSE.

I believe marriage is an important, life-changing consideration. I also believe everyone should be informed about their rights and responsibilities in the event the marriage becomes non-functioning. I invite your inquiry. Feel free to contact me at jonathancnobleesq at gmail.com or give my office a call (610) 256 4843. I look forward to hearing from you.

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A short video explaining how state divorce law becomes your “premarital agreement” if you do not execute your own valid premarital agreement.

After the dust settles

by Jonathan C. Noble, Esq.           3 minute read

Protecting Your Rights Post Divorce

I often get calls from potential clients who are having problems after their divorce decree is signed by the court and entered on their divorce docket. For some reason, their ex-spouse will not cooperate regarding some aspect of their Marital Settlement Agreement (MSA) or court order. I have seen cases where one party will not sign over the deed to a piece of real estate, or sign a QDRO to transfer retirement funds even though they are required to do so. If the parties cannot resolve the issue, the courts can usually order compliance. Quite often, the party who is causing the problem is also ordered to pay reasonable attorney’s fees to the other side.

Sometimes people sit on their rights for a long time after a divorce decree is entered before taking action to protect their property rights. Depending on the specific facts of the case, waiting too long to protect one’s rights may cause someone to lose valuable post-divorce property rights. I have seen cases where a party waits many years before demanding the transfer of assets, and in the meantime, the assets have “disappeared”, the ex-spouse disappears or dies, or the assets have lost value.

Do Not Wait to Transfer Assets After Divorce. Be Diligent and Move on.

The longer you wait to transfer assets, the more of a chance something will go wrong, or the asset will “disappear” or your ex-spouse will disappear. If you wait to transfer assets and the asset appreciates, unless there is language to the contrary in your MSA, there is no guarantee you will be entitled collect the appreciation in value. Therefore, the best course of action is usually to effectuate the transfer assets you are entitled to receive as soon as possible after divorce.

A Properly Drafted MSA is Important.

I can’t overstate the importance of having your legal documents drafted by a competent attorney. A Marital Settlement Agreement is not a do-it-yourself type of document for a non-lawyer to draft. In most states, an MSA is interpreted by the courts under contract principles. Unless your marital settlement agreement is properly drafted, certain provisions may not be enforceable. You don’t want to find out the hard way that you saved a few dollars drafting your own MSA only to find out you are not protected. Have an experienced family law attorney draft your MSA. It is worth every penny. Feel free to contact my office to set up a consultation. 610 256 4843. I look forward to hearing from you.

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Why you want a Smart / Savvy Lawyer, not a Rude / Obnoxious Lawyer

by Jonathan C. Noble, Esq.       5 minute Read

Smart, focused, savvy lawyers nearly always beat rude, obnoxious, bombastic lawyers in Family Court. 

As a family law attorney who has been involved in some epic battles, I want to share some insight. When all is said and done, the smart, focused, savvy and hard working lawyers nearly always beat the rude, obnoxious and bombastic lawyers in family court. Most excellent family law attorneys do not get caught up in the mindless and counterproductive fighting brought on by their adversary. The best lawyers are focused on winning their cases, and achieving favorable outcomes for their clients.

When lawyers fight with each other, progress grinds to a halt. Yet the meter is still running for the client.

When lawyers fight with each other, the client does not benefit. Skilled litigators are not baited by opposing counsel.

I am not sure why some divorce, child custody, and family law attorneys think that they must “put on a show” for their clients. I can’t tell you how many nasty letters and emails I have received from opposing counsel where they make absurd allegations about my client that are neither truthful, nor relevant to the issues in the case. Some letters even make ad hominem attacks on me for skillfully protecting and advancing my client’s rights. I find it interesting that some lawyers actually believe that the nasty, bombastic letters they send me will somehow positively impact the outcome of the family law matter in favor of their client. These letters are nothing more than an ill-advised or ignorant attempt by opposing counsel to demonstrate to their client what a “nasty shark” their client has hired. Then the “nasty shark” lawyer bills their client for the totally ineffective letter. The smart, savvy, and hard working lawyers are not at all impacted by nasty shark tactics. The smart and savvy lawyers can (and do) nearly always beat the nasty shark in every area of family law cases.

Nearly all nasty, obnoxious letters I receive are from opposing counsel who either a) do not know me well, and/or b) they do not know any other way to act. Some lawyers only have one mindset, and they only know one method to approach every case. They cannot understand the difference between motion and progress. Avoid hiring these types of lawyers to handle your family law matter, unless you enjoy wasting time and money.

These attorneys love to “put on a show” for their client. In nearly every situation, the nasty letters do nothing more than inflate the billable time opposing counsel charges their client, while doing nothing to resolve the legal issues in the case. In other words, inflammatory letters exchanged between lawyers are rarely (if ever) effective in resolving important legal issues and moving a family law case forward. They are only an effective tool in costing clients time and money.

Family Law Attorneys who Encourage Fights – A Big Red Flag When Choosing Legal Counsel

Family law cases get emotional. Divorce and child custody issues are rarely easy for either party. Emotions run high. If your attorney is encouraging fights over trivial matters, that is a red flag. Great lawyers can and do make terrific arguments on points that really matter to help you get a favorable outcome in your case. That is the bottom line.

Lawyer Jonathan Noble | Top Attorney Child Custody

Lawyer Jonathan Noble | Top Attorney Divorce