June 26, 2006

Forms for sale? Bad idea.

For many years now, anyone can walk into Staples, and PURCHASE "standard" legal forms, governing such activities as renting apartments, buying a house, hiring a contractor, hiring an employee.....and of course getting a divorce. Not surprisingly, the concept has extended to the online market. With very little effort, you can find a long list of websites from which you can PURCHASE blank forms for divorce, adoption, and other areas of family law, as well as completed agreements, to be signed and filed with the court. The websites authored by lawyers explain why you should use their forms and agreements; the websites authored by non-lawyers explain why you should shun the lawyers, and use the non-lawyer forms and agreements.
I am not suggesting that you should avoid seeking information online, or that there are no valid online sources of forms. To the contrary, you should be aware that there are legitimate - and FREE - sources of many of the forms needed in the course of the various family law matters, for both Massachusetts and New Hampshire (and I suspect most other states, as well). These sources allow you to download and print out the exact same blank form that you could pick up from the courthouse. There are several sources for the Massachusetts forms -- my favorite is www.pcpfc.com This site is maintained by the Plymouth County Probate and Family court, and is the most complete source I've found for all Massachusetts forms required by the probate and family court system. Most forms are blank, some have the name of the county filled in. But all counties throughout the state use the same forms. If you're not in Plymouth County, simply cross out "Plymouth", and fill in the correct county. This site also lists all filing fees.
For New Hampshire forms, I like to use http://www.courts.state.nh.us/fdpp/forms/index.htm This site is maintained by the New Hampshire court system, and all forms are provided as a blank.
There is nothing wrong with obtaining your forms online. But don't be fooled into thinking you have to pay for those forms.

Prenups, part 1

Reports of celebrity marriages -- and celebrity divorces, often include reports that the couple did, or didn't have a prenuptial agreement. Katie Holmes and Tom Cruise - Yes. Jessica Simpson and Nick Lachey - No. Nicole Kidman and Keith Urban - first No, and then Yes. Yet, with all of this attention on prenups, there is a lot of confusion as to what a prenup can, or cannot accomplish, as well as what the actual consequences of a prenup can be. In an online study 25% of those surveyed felt that prenups were only for celebrities, 15% felt that asking for a prenup doomed a marriage from the start, and nearly 20% felt that a prenup was never needed if people loved each other. The truth is that prenups can play an important role for non-celebrities, can govern the disposition of assets upon the death of one of the parties after a long-term marriage, and can add an element of certainty and sense of stability for both parties, supporting - not destroying - their love for each other. Prenups are not appropriate, or effective, or enforceable, in all situations. However, for those situations where they are appropriate, they can be effective, and enforceable, if done properly. The criteria to be considered in determining whether or not to have a prenup, as well as some of the issues to be addressed in reaching a prenuptial agreement, are addressed in Prenups, part 2.