There are three principal types of ownership (tenancies) relative to real estate. The most familiar is what is known as "joint tenants". This means that if one person dies, the survivor owns all of the interest in the property. In a "tenancy in common", each owner of the property has an undivided interest in the whole of the property. In this type of tenancy, upon the death of any owner, his share will pass as directed by his will, or by intestacy if he does not have a valid will. A third, special form of ownership allowed in several states is what is known as a "tenancy by the entirety". In this case, only a husband and wife may own the property, and the property passes to the survivor.

Each type of ownership has advantages and disadvantages specific to your situation. Our lawyers can help you determine which suits you best.

There are two main types of custody: physical custody and legal. Both of these can be either shared between the parents or held solely by one parent. A growing number of parents are entering into physical custody battles. Sometimes a custody battle is necessary to protect the interest of a child. At other times, it is an attempt by a parent to increase visitation and increase their right to have a say in decisions that affect the child's welfare, education, and religion.

This area of law is extremely specialized. Some parents are unable to reach decisions about custody on their own and enlist the services of a guardian ad litem (GAL,) who conducts an investigation for the court and makes recommendations and conclusions about custody to the judge from a neutral vantage point. Other cases call for an attorney to be appointed to represent the child individually, making their wishes known to the judge.

In order to modify an existing custody determination or order, one must show a material change in circumstance enough to warrant a change in physical custody from one parent to another. Bacon Wilson attorneys can advise you on these issues.

Whether a spouse is filing a joint petition or a complaint for divorce, the process can be one of the most stressful times in a person's life. In today's economy, the most common problem for divorcing spouses is how to take their previously shared income and create two separate households, complete with their own set of bills and expenses. Parents are worried about their children, what to do with the house, retirement accounts, and how they will live once the divorce is over. It is an extremely emotionally charged process, and not one a person should undertake alone and without counsel. The possibility for one spouse to lose some of their rights to children, equity, accounts, alimony, health insurance, and a host of other factors is just too great to embark upon without solid legal counsel.

This is an emerging area of law, and an extremely difficult one. It is the burden of the grandparent seeking visitation to prove that a decision by the judge to deny visitation is not in the best interest of the child. Since parental decisions, no matter how wrong they seem to be, are given presumptive validity, it must be alleged and proven that failure to grant visitation will cause the child significant harm by adversely affecting the child's health, safety, or welfare. It must also be established that a strong current relationship exists between grandparent and grandchild.

An affidavit must be submitted to the court at the onset of the action, which particularly and sufficiently sets forth facts strong enough to rebut the presumption of parental fitness. It is certainly not a lost cause, and well worth the battle to many grandparents, but grandparents should know that the burden rests on them if they desire to establish grandparents' rights.

Also known as prenuptial agreements, antenuptial agreements are used in traditional pre-marital planning for couples. Simply put, they are contracts drafted to determine the property ownership of individuals prior to marriage and to insulate the premarital property from the spouse upon marriage. Parties can protect their assets at the time of marriage from becoming part of the marital asset pool and being distributed to their partner upon divorce or inherited at death. Bacon Wilson can help you develop a prenuptial agreement that suits your particular needs.