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…

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…