Supporting documents regarding martial property and debt Reply

Property division and divorceWhen parties get divorced, they generally have to report to the court all the marital property and debt that they have.  The exact format in terms of how this takes place varies by jurisdiction and locality.  Thus, it’s vital to speak with an attorney about the particulars.

However, many parties after listing all their marital property and debt will assume that this is enough.  In most instances, a party is going to want to get supporting documents to their attorney as well.


Preparing for a court date in your case Reply

Family court trial

he court room

You are in the middle of a divorce.  You are told that you have an upcoming court date in your case.  For many clients, this can be a stressful experience.

“What should I expect?”  “What do I need to do?”  “What kind of preparation do I need to undertake?”  “How should I dress?”

These are all normal questions for a party to ask when preparing for a court date.  Ultimately, it is vital to have a conversation with your attorneys about the court date to get these, and other, questions answers. More…

Enjoying life while going through a divorce Reply

Enjoy life during divorceGoing through a divorce can be one of the hardest experiences anybody will ever go through.  All of a sudden the future becomes uncertain.  The present becomes uncertain.  Emotions like pain, anguish, anger and worry can overwhelm somebody.

“What will end up happening with the kids?”  How will the finances look after the case is over?  “Will I ever be able to move on with my life?”

These are all common questions a party going through a divorce may ask themselves.  For some, these questions can be overwhelming and cause them to lose the joy in their life.


False allegations of domestic abuse Reply

False allegations of domestic violenceDomestic violence is a significant societal problem.  In some instances, with divorcing or separating parties, disagreements can escalate.  These disagreements can then escalate in some cases to domestic violence situations.

Certainly, courts need to protect victims of domestic violence to make sure it does not occur.  Divorcing or separating parties need to feel safe.  Their children also need to be protected and kept safe.  In these instances, parties have the ability generally to request an order of protection or restraining order.


The importance of depositions in some cases Reply

Deposition in divorceMost parties want their divorce or family law case to settle short of trial.  A trial can be expensive from a financial and emotional standpoint.  It also does not make sense for many to put their lives in the hands of a judge to decide what is best for their family.

For various reasons, however, many parties just cannot settle their case.  For one reason or another, the parties have different viewpoints in terms of what is fair and reasonable.  Despite settlement offers between exchanged, settlement conferences taking place in court or mediation, some parties just cannot settle.


Will a divorce make it better? Reply

Children and divorceUnfortunately, in many marriages, things are not always good.  In some marriages, fighting, bickering and animosity can raise to high levels.  In marriages with children, the children can feel as if they are in the middle of a bad situation between their parents.

The thought process of many is that when things get this bad, it is often better to separate and divorce.  By separating and divorcing, the view is that both parties can move on with their life separately.  They can each go their own way.  They can each live their own life.  The hope is that this will fix the situation.


How a paternity test can sometimes complicate a custody case Reply

Paternity test in family courtThe reality is that the paternity of a child can be a real issue in some child custody or support cases between unmarried parents.  These cases are commonly referred to as paternity cases.

Truth be told, there are certainly some cases where the person who is thought to be the father may not be the father.  There are also cases out there where a man has raised a child to be his own later to find out that the child is not his biological child.

Situations like this can cause some fathers to seek a paternity test in court just to be sure they are the father.  Realistically, they believe they are the father.  The birth of the child generally adds up to a time-period where sexual relations were taking place.  But just to ease any concerns or doubts, no matter small they are, they seek to request a formal paternity case in court.


Paying child support before the entry of an order Reply

fathers and child supportIn many child custody and support matters between unmarried parents, it can be some time before the parties are able to get their matter before a judge to enter an order as to custody and child support.

This can be tough for parties on multiple levels.  For many unmarried mothers, they might be concerned about having the financial ability to care for their child.

For many unmarried fathers, they might be concerned about getting visitation with their child.  They might be concerned about financial issues as well.


In settlement negotiations, you often have to give to get Reply

Give to get in family and divorce lawIn divorce and family law matters, there can often be many substantive issues in play for the parties.  In a divorce for example, parties have issues like custody, support and property and debt division to work through to resolve their case.
These can be tough issues to work through.  And, in a lot of levels, all of these issues can be critically important to the parties.
At the same time, to settle a divorce or family law matter, an agreement on all these substantive issues has to be reached for a case to conclude.  This can be tough for lots of parties because everything can seem important to them as it relates to the ability of them to move on with their life.


If you don’t have anything nice to say, better to say nothing Reply

Family law and kind wordsIn the midst of a family law matter, there can often be lots of opportunities for discourse between the parties to a case.  No matter whether it’s a divorce, child custody or other family law matter, there are lots of opportunities for interaction.

Opportunities for interaction can occur in the courthouse hallways.  It can take place while sitting in the back of a courtroom.  It can take place at child custody exchanges.  It might take place on the telephone.  Or, perhaps it takes place at an important family event or an event involving the children.