When a Friend Divorces

on Aug 15, 2017 in Divorce

When a friend divorces, it is natural to want to help.  Some friends offer legal advice, others compare their divorce to their friend’s divorce.  Most friends do these things because they just want to help.  But legal advice is one of the last things divorcing couples need from non-attorneys.  Every divorce is different.  Every divorce has facts lawyers find significant, while the average person in the public, whether they themselves have divorced or not, might not find those same facts relevant.  Consequently, it is best to keep legal opinions to oneself.  While practicing law without a license is ill advised, there are several things friends can do to help.   If you are the one divorcing, keep this list...

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Keys to Testifying In Your Divorce Trial

on Aug 12, 2017 in Divorce

Not every divorce is resolved through negotiation.  Sometimes, divorces go to trial.  The idea of testifying often causes anxiety and concern.  It is likely that you have never testified in court before.  Knowing what to expect can ease anxiety.  The court will place you under oath.  You will be questioned by your attorney, known as direct examination.  Then you will be questioned by the other attorney, known as cross-examination.  Direct and cross examination goes back and forth for however many rounds it takes to fully document the issues on the record.  Here are other things to know and do to lessen anxiety. Work Closely With Your Attorney This is the most important piece of advice in any divorce.  Your...

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Some Keys To A Financially Smart Divorce

on Aug 10, 2017 in Divorce

Divorces are expensive.  Division of property, child support payments, alimony payments and attorney fees are some of the expenses in a divorce.  Below are some steps minimizing those expenses. Be Prepared and Organized Attorneys need information and documentation to prepare your divorce.  Gather all information and documents on your own, without the help of your attorney.  When your attorney asks for something, provide it as soon as possible.  As a general rule, if an attorney asks for something, it’s because they need it to represent your best interests. Documentation required often includes: bank accounts (checking and savings), retirement accounts, vehicle titles, property deeds, and investment accounts. Tracking down documents does not require a law degree or other legal training....

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Collaborative Law: A Different Way to Divorce

on Aug 6, 2017 in Divorce

Collaborative law provides a means of divorce very different for traditional divorce.  While collaborative law is not for every divorcing couple, many couples find collaborative law suits their specific situation. What is Collaborative Law? As the term suggests, collaborative law relies on the collaboration of the parties, achieving a desired legal result without litigation.  While court proceedings are inherently adversarial, collaborative law occurs in conference rooms, not courtrooms. How Collaborative Law Works in a Divorce In a collaborative divorce proceeding, the parties each retain their own attorney specifically trained in effective collaborative law strategies and experienced in divorce law.  The attorneys, along with their clients, meet several times to discuss as a group the following topics: Areas of agreement;...

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FAQ: Spousal Maintenance and Modification

on Aug 2, 2017 in Divorce

What is spousal maintenance? Spousal maintenance, also known as alimony, is a payment made by one spouse or former spouse to the other during or after a divorce proceeding. Is There a Formula for Calculating Spousal Maintenance? Courts do not use a formula when ordering maintenance.  The court determines the amount of spousal maintenance, if any, and how long the payments will last using a number of factors. My Spouse Committed Adultery.  Can I Be Ordered to Pay Maintenance? Yes, courts can order parties to pay alimony even if his or her spouse committed adultery.  Courts consider bad behavior such as adultery when awarding alimony.  However, it is one factor, not a deciding factor. What Factors Does the Court...

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