Meet the Legal Team Tuesdays!

March 28, 2017 By Marianna Barbowski

We would like you to meet the legal team of McGrath Law Firm NH! We will be running a series on Tuesdays called Meet the Legal Team Tuesdays and highlight one of the team members on our Facebook page. (Pictured top left clockwise, Marianna, Darlene, Leeann and Lindsay.)

Most everyone has an idea of what the job of an attorney entails within the law office, but do not know what the non-attorney roles are inside the day-to-day operations. There are often many roles within a law firm ranging from our receptionist, also known as or our director of first impressions, to legal assistants/paralegals, the billing and bookkeeping department, and the office administrator. Every employee plays a vital role in making sure the law firm functions and operates smoothly.

What is the role of a paralegal within a law office?

The role of a paralegal within a law office can vary. In short, a paralegal (or legal assistant, which you’ll see used interchangeably) contributes to keeping the office working at maximum efficiency.

A skilled paralegal can actually do quite a bit within the law office, but must be under the supervision of an attorney. There are however, some restrictions within the job of a paralegal. For example, a paralegal cannot go to court on behalf of a client, cannot offer legal advice, and cannot set fees. Though there are these limitations, there is plenty of other work a paralegal can do, to not only help the attorney, but can save the client money as well. A paralegal can conduct legal research, prepare documents and pleadings, schedule appointments, call clients on behalf of the attorney, handle closings, and perform many other duties within the office.

Each law office and attorney within that office, has different expectations for the work paralegals are responsible for. It is up to the attorney to delegate that work, supervise the paralegal, and oversee the file at all times. It is critical that the attorney in charge of the file has trust in the paralegal. The attorney/paralegal relationship is essential in making sure each case is handled as efficiently and effectively as possible.

What do the McGrath Legal Team paralegals have to offer?

Team McGrath paralegals offer a great deal of experience and stem from a variety of backgrounds. Over the coming weeks we will give you the opportunity to get to know a little bit about the paralegals and staff within our office.

Team McGrath paralegals are encouraged to attend continuing education classes involving law and technology to keep up with industry trends. Team McGrath paralegals are also encouraged to contribute their thoughts and perspectives on cases to assist the attorney with their zealous representation of the client.

The majority of the paralegals at McGrath Law Firm have 15-20+ years of experience in the legal industry and are happy to speak with you concerning your legal needs and schedule you to see an attorney.

The seasoned attorneys at the McGrath Law Firm, founded by Attorney Peter McGrath, with locations in both New Hampshire and South Carolina, will walk you through every step and address your concerns to achieve your goals as efficiently as possible and protect your legal rights. McGrath Law Firm has a successful track record in all aspects of law, including, but not limited to, personal injury, estate planning, business counseling and collections, criminal matters, real estate, civil litigation, etc. Call us to schedule your consultation at (603) 224-7111.

McGrath is Now a Member of America’s Top 100 Attorneys

March 17, 2017 By Marianna Barbowski

Attorney Peter G. McGrath was just honored with membership in America’s Top 100 Attorneys. Attorney McGrath is a native of Bristol, New Hampshire and has offices in Concord, New Hampshire and Mount Pleasant, South Carolina.

If you are not familiar with America’s Top 100 LLCs, it is the mission of America’s Top 100 LLCs to recognize annually and on a lifetime basis the most qualified and accomplished professionals. Membership is after a multiphase selection process including third-party research and statistical analysis of a candidate’s professional experience, achievements, significant results, community impact, peer reputation, consumer satisfaction, and other proprietary factors specific to each profession.

Membership in the America’s Top 100 Attorneys category is limited to the top 100 attorneys from each state in each category of practice who best exhibit excellence and the highest ethical standards in their respective professions. In addition, with these high standards, less than 1% of attorneys in the United States will be selected for membership as one of the America’s Top 100 Attorneys. Membership selection is intended to help the community identify the cream of the crop in each profession and assist with professional networking among the Nation’s top professionals.

In addition to his membership in America’s Top 100 Attorneys, Attorney McGrath is a former federal prosecutor and has practices in Concord New Hampshire and Charleston, South Carolina.

The seasoned attorneys at the McGrath Law Firm, founded by Attorney Peter McGrath, will walk you through every step and address your concerns to achieve your goals as efficiently as possible and protect your legal rights. McGrath Law Firm has a successful track record in all aspects of law, including, but not limited to, personal injury, estate planning, business counseling and collections, criminal matters, real estate, civil litigation, etc. Call us to schedule your consultation at (603) 224-7111.

Can I Get a Divorce When My Spouse Can’t Be Found?

December 21, 2016 By Marianna Barbowski

What if my spouse has left for parts unknown, and I want a divorce? Does the other spouse need to be present before I can go through the divorce process? Your family law attorney will reassure you that you have the right to a get a divorce in the absence of your partner. The missing spouse need not be present if you can demonstrate that you made a thorough, good faith effort to find the missing person.

Courts prefer not to grant a one-sided divorce when one spouse doesn’t know about it, and it will require certain efforts from you.. You will need to submit to the court a sworn “Affidavit of Diligent Search,” which details the honest efforts you have made to locate your missing spouse. Once your affidavit is accepted, you can obtain a legal divorce through a process called “divorce by publication.” This means exactly what it says: to be legally divorced, you will need to publish a legal notice of the divorce in the local newspaper.

What constitutes a “diligent,” good faith search effort? You or your hired investigator must use all the available channels to locate your spouse:

Check telephone directories and directory assistance where he or she live or is known to have lived
Ask the post office for any forwarding address for the missing spouse
Ask friends or relatives who may know of the person’s whereabouts
Conduct an internet search
Ask if law enforcement can help locate the person

If your due diligence is unsuccessful, and you cannot find your missing partner, you submit your Affidavit of Diligent Search to prove to the court that he or she absolutely cannot be found. If the court is satisfied with your affidavit, it will permit you to publish a legal notice in the local newspaper as a summons or method of serving your spouse. The notice will contain the title of your case, the court in which it is pending, the time and place of the hearing, and the fact that your original petition is file and may be examined by interested parties, and any other facts the court may order. Following the publication, you will be able to get your legal divorce.

The seasoned family law and divorce lawyers at the McGrath Law Firm, founded by attorney Peter McGrath, will walk you through every step of the challenging divorce process to address your concerns and achieve your goals as efficiently as possible. From spousal support, child support, fault, and equitable division of property and debt to valuations, pre-nuptial agreements, annulments, and restraining orders, the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of divorce law. Call us to schedule your consultation at (800) 283-1380.

Common Law Marriage and Divorce

December 19, 2016 By Marianna Barbowski

A whole mythology has grown up around the words “common law marriage.” Many people believe that if you live with someone for seven years, even though you did not legally marry, you are automatically a partner in a common law marriage, and are legally entitled to the same rights as those enjoyed by a married spouse. Living together for any amount of time does not constitute common law marriage in any state in the U.S.

Another myth: If the couple separates, property will be divided as in a divorce. Not true. When a couple stops living together in a shared home, the homeowner with title to the property keeps it, period. If you and your common-law spouse decide to buy a house, you need to be sure both your names are on the deed as co-purchasers, if both spouses wish to benefit fairly after separation.

Don’t believe the myth that if your common-law spouse dies or becomes disabled, you as the surviving spouse will inherit his or her assets. Your common-law spouse’s family will have the right to exclude you from medical decision-making or inheriting property. Rights to a family residence and family assets are granted to legally married couples only.

The accepted definition of common law marriage goes far beyond simple cohabitation. It is a relationship in which the couple lives together for a certain period of time (one year in most states), present themselves as a married couple (e.g., adopt the same last name), intend to marry legally, and file a joint tax return. If spouses who are married by common law decide to end the partnership, they will require a legal divorce.

The concept of common law marriage originated in the Middle Ages, when travel was difficult, and priests or justices could not always be present to perform marriages in rural areas. Today, that is no longer a valid reason, and many states no longer recognize common law marriages. The states that do recognize common law marriage may place restrictions, such as reserving the recognition of such a marriage for inheritance purposes only.

If you want your relationship with a partner you are living with to be officially recognized, you will need to comply with the laws in the state where you reside. In common law states, your relationship is treated like any other marriage, and states with no common-law marriages are constitutionally required (under the “full faith and credit” rule) to recognize a marriage that is valid under another state’s laws.

Division of Property, Valuation, and Fraud

December 16, 2016 By Marianna Barbowski

In your divorce process in the majority of states in the U.S., your marital property and debt will be valued and divided “equitably” according to several circumstantial factors. You need an experienced family law attorney to ensure your marital property is divided fairly. The division of property can be tricky, however. Some divorcing spouses may attempt to hide assets or conceal their true value, in an attempt not to share them with the soon-to-be-ex-spouse.

To determine a fair division, you will need to know the correct value of your assets. It’s important to keep good records so that you have an idea of the complete list of all property. Your attorney will help you compile a list of property types some people may forget to list.

Unfortunately, according to Forbes, ‘Husbands hide assets (or at least, try to hide assets) much more frequently than most wives expect.” In one case, a divorcing New York business owner’s business partners got in trouble along with him, because they contributed to defrauding his wife by undervaluing the husband’s share in the cash-based business. The ex-wife of former Apple CEO John Sculley sued him two years after their divorce for failing to “fully and honestly disclose his assets … [including] substantial private equity investments and investments in privately held companies and ventures around the globe.”

Forbes contributor Jeff Landers warns that spouses married to a person who will lie, cheat and steal in the divorce are often too embarrassed to report it, and may settle for less than may be their equitable share. He offers some red flags that might indicate a spouse is hiding assets, such as when the individual:

Is secretive, and maintains complete control of bank information and online passwords.
Has a separate P.O. box for account statements and bills.
Deletes personal financial programs such as Quicken from his computer, or removes the hard drive, and says the computer containing financial records has “crashed.”
Insists on urgent speed in your signing important financial documents.
Reports a dramatic decrease in value of marital and/or business investments.
Opens multiple business or personal bank accounts without obvious reasons for having that many.
Sells asset sales to friends or relative for less than fair market value, with the intent of reversing the sale after the divorce is finalized.

The same advice goes in any of the above cases: tell your lawyer.

Divorce, Custody, and Fathers’ Rights

December 14, 2016 By Marianna Barbowski

Most divorcing fathers want to remain active as parents and involved with their children following their divorces, no matter how they may feel about their soon-to-be-ex-spouses. Times have changed dramatically since the days when the majority of fathers went out to work, and most mothers stayed home. Mothers were usually deemed the natural choice for custody of the children. But this is changing, as many states consider updating laws to give fathers more rights to their children, and more and more fathers are fighting for primary or joint custody of their kids.

Even in dual income households, one spouse typically bears a disproportionate level of the parenting responsibilities (Huffington Post). “During divorce proceedings, the level of past parental involvement is the most critical factor in determining both the level of access that each spouse will receive and the amount of child support that will be provided, if any,” wrote attorney Natalie Gregg. “If both spouses were working full-time and they shared parenting duties 50/50, then the father has just as solid an opportunity to be named the primary managing conservator as the mother.”

According to divorcesource.com, the traditional displacement of men from their children’s lives can have negative consequences, not least because of the higher risks of failure seen in fatherless children. “The churning of family life—single parenthood, step-parenthood, half siblings, unstable live-in relationships— takes its toll on children.”

The U.S. Census Bureau (2010 census) reported that about one in six (17.8 percent) of divorced fathers are the custodial parent. Whether sole or joint custodial parents, “When fathers are involved in the lives of their children, especially their education, their children learn more, perform better in school, and exhibit healthier behavior. Even when fathers do not share a home with their children, their active involvement can have a lasting and positive impact.” (www.fatherhood.gov). An NIH study found the children who spend more time with their fathers grow up to be healthier mentally and physically.

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