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The Coronavirus is having a significant impact throughout the world. For many, this pandemic came out of nowhere and has changed their lives in ways nobody saw coming a short time ago. Apart from the imminent health concerns, many are asking about the impact on divorce and family law litigation. In many ways, this is still in flux. But there are some immediate effects. In the future, there could be other potential impacts that may arise in the near or long-term future. However, below are some ways the Coronavirus is already impacting some divorce and family law litigants: First, courts…
In a divorce, the marital home is often one of the most valuable marital assets that the parties have. Typically, the parties also have a mortgage on the marital home with a balance due and owing. To resolve a divorce with a martial home, there are typically three possibilities in terms of what happens with the marital home. Either the husband retains the home, the wife retains the home or the parties sell it. In the first two scenarios, the mortgage balance is still due and owing. If the marital home was bought during the marriage, the likelihood is…
Most are familiar with prenuptial agreements, which are sometimes referred to as antenuptial or premarital agreements. Prenuptial or premarital agreements are documents signed before parties get married. Prenuptial agreements can encompass a wide range of issues from property and debt division, spousal maintenance and attorneys’ fees in the instance of divorce. For a prenuptial agreement to be valid, certain legal formalities need to be met. However, many are not so sure what a postnuptial agreement is and why they might want to enter into one. A postnuptial agreement is just like a prenuptial agreement, except it is entered into after
In a divorce, courts require parties to identify all marital assets and debts. The exact way in which this takes place can vary. However, most courts require parties to disclose their assets and debts in financial statements early in the case. Discovery usually takes place to various degrees in a divorce as well. There could be interrogatories and requests for production propounded relate to marital assets and debt. Depositions often take place. The lawyers may also issue subpoenas. However, some parties may, unfortunately, decide to hide marital assets in a divorce. They might hide assets with the illicit motive…
Parental alienation cases are some of the most challenging kinds of child custody matters. In a parental alienation case, the children do not want anything to do with one of their parents for illogical reasons. Parental alienation is the opposite of realistic estrangement. Realistic estrangement is where a parent has behaved in such a way that the children logically do not want to be around a parent. Logical reasons typically involve severe instances of abuse or neglect. In parental alienation matters, one parent has either overtly or indirectly engaged in actions that cause the children not to want to
In divorce and child custody matters, courts issue custody orders at the end of the case. In some states, these are referred to as parenting plans. Sometimes, a temporary order, known as a PDL Order in some states, is entered while the case is pending and before a final judgment is entered. In some cases, a party might think about denying the other party their custody or visitation time. They might even feel as if they have a good reason to do so. Take cases where they believe abuse or neglect is taking place. Thus, they might wonder what…
A divorce or family lawyer’s job is to help their client in a competent, communicative and diligent manner. However, the more the lawyer knows, the better most lawyers are going to be able to help. A lawyer needs to be armed with the facts. They need to be provided with the details. This means that the lawyer needs to know the good, the bad and the ugly about the case. Knowing the facts helps the lawyer present the client’s case in court. It also helps the lawyer prepare for what the other lawyer might focus on in court, which…
In divorce and family law matters where custody and visitation of children are at issue, many wonder whether keeping a custody log will help. In other words, does it make sense to get a calendar and take notices of who has the kids when and to also document key events? When individuals going through a divorce or family law matter contemplate this, it often seems like a whole lot of work. It takes a lot of time after all to document custody each and every day on a calendar. There are also lots of software programs, digital calendars and
Many individuals end up in the family court for various reasons. It could be a divorce. It could be a legal separation. It could be other matters like a paternity case, order of protection, motion for contempt, motion to modify or numerous other cases. Some may have seen the family law matter coming to fruition. Others may not have seen it coming at all. The filing of the case might have been a complete surprise to them. Some individuals are lucky in that they have the financial means to afford an unexpected family law matter. Others, however, might not…
When a divorce is filed, the couple often begins the process while living together in the same home. The question then for many is whether or not this is sustainable. Should the parties continue to live in the same home during the divorce? Or is it better that one party moves out of the house? And when there are kids involved in the divorce, does this change the analysis? These are all questions that many ask. The reality is that like anything else, there really are no black and white answers. Every case is different and every circumstance is…
In many divorces, the marital home is one of the most valuable assets of the parties. There are three general possibilities in what to do with the marital home in a divorce: 1.) Spouse A keeps the house; 2.) Spouse B keeps the house; or 3.) The parties sell the house. In scenarios 1 and 2 above, the spouse not getting the martial home generally has to execute a deed after the divorce is over that awards their interest in the house to the other spouse. The transfer usually takes place through a Quit Claim Deed. The other issue is…
Court dates in divorce and family law matters can be stressful. The thought of coming to court can cause stress and anxiety. Many might even be worried about being seen by others they know. They might feel embarrassed if others see them. Others might not want to take the time off work. They’d rather save their vacation and personal days for a more joyous experience. There are many different types of court dates in divorce and family law matters. Apart from trials, there can be pretrial conferences, settlement conferences, motion dates and even temporary hearings. Even when a person…
August is the start of the school year for most children. For many kids, where they are going to go to school is a forgone conclusion. It might be that they are simply returning to the school that they attended in the past. However, for many other children, the school they are going to attend can be a source of disputes between family law litigants. When parties are divorcing, one spouse can live in one school district, while the other has moved to another school district. In other cases, one parent might want the children to go to private school…
In dividing marital property and debt in a divorce, equitable distribution is the law in most states today. Equitable distribution means that courts must divide marital property in a just manner when considering all the factors. One item many do not realize is how common offsets are in divorce property division. Dividing marital property and debt in a just manner is more complicated in many cases than may appear. Like a butcher, many assume that courts split all marital property and debt in half. Thus, if there is a bank account with $100,000 in it, many assume the account must…