How long do we wait for a court judgment? Reply


Divorce trial judgmentGoing through a divorce or family law matter can be a tough experience.  In some cases, parties are not able to settle their case and the case goes to trial.

A trial can be gut-wrenching for those going through it.  They likely testified.  The other party/spouse likely testified.  Other witnesses (expert and non-expert) may have testified.  And lots of different types of evidence may have been submitted in court.

Trials in a divorce or family law matter can sometimes be done in a day.  In other cases, a divorce or family law matter can take multiple days or more based on the circumstances.  The more complex the case, the more time it might take to have the case heard.

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Preparation is key for most court dates Reply


Preparation for divorce courtWhen there is a court date in a divorce or family law matter, preparation is often key for a successful outcome.  For many clients, this is often overlooked.

Some clients assume the result is essentially going to be the result.  Many often assume as well that when it comes to property and debt division, custody, support and other related matters that the court is simply going to follow the law and formulas that are set forth and that the result is almost pre-ordained.

The reality is that family court judges have a lot of discretion in family law to render judgments.  Certainly, there are laws and formulas that come into play.  But family court judges can have a range of discretion of terms of how they applies those laws and formulas based on the findings of fact that they make.

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Waiting for a trial date in your divorce or family law matter Reply


Patience in family law and divorceA family law or divorce matter can end up being overwhelming and stressful for many.  For those who are going through these cases, in many instances, they want finality as soon as possible.  And, in addition to this finality, many want their desired result to happen as well.

Getting a quick, desired result is certainly a worthy and understandable goal on the surface level.  The reality is that not all individuals actually achieve the result they want at the exact pace they want.

This can cause many individuals to become frustrated.  This frustration can cause many to become upset with their attorney.

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Positions versus interests in settlement negotiations Reply


Interests versus positions in family lawSettling a divorce or family law matter is not an easy task for many individuals.  To settle a divorce or family law matter, parties have to able to enter a comprehensive settlement on all the issues that are out there in the case.

For many individuals, this can be tough.  This can be especially tough when individuals start giving their positions.  A position is a specific desire or want a party wants to settle their divorce or family law matter.

A position can be all kind of things.  A position could be wanting to keep their 401k.  A position could be wanting the martial home.  A position could be wanting the kids to be in a particular school.  The reality is that may have a specific position on a multiplicity of issues in a divorce or family law matter.

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The standard of living established by the parties during the marriage Reply


Standard of living during marriageSpousal maintenance cases can be one of the most contentious issues in divorce.  States previously referred to spousal maintenance as alimony.  In some states, the term is still used today.

In many cases, one issue that can come up is the standard of living established by the parties during the marriage.  In other words, one party may allege that they should receive an award of spousal maintenance. And one of the justifications for it are that the need it to maintain the standard of living that established during the marriage. More…

Who gets the wedding and engagement rings during divorce? Reply


Engagement ring in divorce

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When parties decide to get married, an engagement usually takes place first where an engagement ring is given.  At the time of the marriage, wedding rings and/or bands are then exchanged during the wedding ceremony.  These rings are generally gifts from one party to the marriage to the other.

When a divorce takes places, the question that often comes up is who gets these rings?  In some marriages, these items are not in dispute.  But in other divorces, one party might demand the return of the wedding and/or engagement ring.

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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.

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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.

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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.

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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.

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