How will my retirement accounts be divided? Reply

Retirement plans in divorceIn many divorces, the parties have retirement assets.  Either through settlement or a trial, these retirement benefits can end up being divided in many instances.

The more retirement assets that are out there, the more complicated this can ultimately become.  In some cases, multiple retirement plans might end up being divided in some manner.  In other cases, it might be more be more simple and it might simply be one or two retirement benefit plans.


When should I consider using a private investigator? Reply

Private investigator in divorceIn the midst of a divorce or family law matter, many wonder when they should consider using a private investigator for their case.  Many wonder whether a private investigator will help?  Or whether it would just be another expense that might not move the needle in their case?

This is difficult question to answer and the answer can largely vary based on the case and the jurisdiction.  However, below are some general criteria that one might consider in trying to answer this question.


How manners can go a long way in court Reply

Manners in family courtWhen a party goes to court for a divorce or family law matter, manners can go a long way toward a successful outcome.  The reality is judges can quickly come to an impression about somebody when they are in front of the judge.

So, if a party is well-mannered and respectful, this can have a positive effect on the case outcome.  On the flip-end, if somebody is not well mannered and disrespectful, this can have have an adverse effect.

“What are good manners in the courtroom?”  “And what should I not say or do in the courtroom?”  These are common questions that a pattern asks when they have a court date upcoming in their case.


Read the fine print in settlement documents Reply

Find print in settlement documentsLots of parties are anxious to settle their divorce or family law matter.  The process can be exhausting.  They want to simply move on with their life.  They don’t want to be put in court for a second longer.

For this reason, many pursue a settlement in their divorce or family law matter.  In most instances, seeking a settlement makes sense.  Instead of putting your life in the hands of a judge, many do opt to enter a settlement in which they both can agree.

The research generally shows that parties who settle outside of court are more likely to abide by these agreements than a judgment imposed by a judge.  When a judgment is entered by a judge, for example, both parties can end up being unhappy with the results.


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.