Family Law Headquarters Blog

Blog Authors

Latest from Family Law Headquarters Blog

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…
Inheritance is an event that eventually happens in the life of many. When a family member becomes deceased, or even a close friend, an individual may inherit a piece of their deceased family member’s or friend’s estate. The inheritance can be through the probate process in probate court where a Last Will and Testament existed. In other instances, there might be a non-probate transfer of inheritance. This can come by way of life insurance or other assets, like bank accounts, that have payable on death or transfer on death designations. With real estate, there might even be a beneficiary deed.…
In divorce or family law matters, pre-trial conferences, settlement conferences and other preliminary court dates often take places. These court appearances can sometimes take place in open court. In other instances, they can take place in chambers with only the attorneys present. In many of these court appearances, the attorneys in the case tell the judge their client’s versions of the facts of the case. They also might tell the court what it is their clients wants. The hope on the part of the attorneys and the parties is often to have the judge weigh in terms of what…
7 Spousal maintenance cases are some of the most litigated cases in the context of divorce. In many instances, one party is seeking spousal maintenance, while the other party does not desire to pay it. Next to child custody cases, spousal maintenance cases can become very acrimonious. In many of these cases, the only way to reach is a resolution is at trial. One component that many do not realize is that the cap on the amount of maintenance that can be ordered in many states is the reasonable needs of the party seeking maintenance. The amount of the reasonable…
Divorce and family law matters can certainly be an emotional time. In many of these cases, parties are worried about custody and support of their children. Custody cases in particular can cause a wide-range of emotions. While parties should never put their children in the middle, parties can sometimes get caught up in a contentious custody battle. This can cause some parties to become emotional and lose sight of what is really important. Divorce cases involving spousal maintenance (formerly known as “alimony”) can also be contentious. There are certain scenarios where one party feels as if they will not be…
An increasing number of individuals are interested in having a prenuptial agreement prior to getting married. The idea is that if the marriage does not work, the divorce can be simplified. Many hear horror stories of divorces their friends or family members have gone through. They do not want to worry that this will take place if their marriage does not work. It is true that parties can enter into a prenuptial agreement that deals with important issues in case of divorce. For example, a prenuptial agreement can address property and debt division, spousal maintenance and attorney’s fees. While many…
After a trial in divorce or family law matter, post-trial motions can often be filed. A post-trial motion could be in various forms. It could be a motion simply for a new trial. It could also be a motion to amend, reconsider or for new evidence to be presented. When these motions are filed, many do not understand the purpose behind them. Many also do wonder whether these motions work. Others are perplexed by the filing of these motions because they expected finality after a trial. The reality is that these motions are common after a divorce or family law…