What is the Process of Mediation?
During a divorce, there are several methods of dispute resolution: mediation, arbitration, and litigation. An attorney is usually crucial in all forms but will play different roles for their client in each. If going through a divorce with minor children, you will likely be involved in some form of mediation, even if you choose litigation. […]
Legal Separation vs. Divorce: What’s the Difference & Which Is Right for You?
The primary difference between a legal separation and a divorce is one puts an end to your marriage, while the other doesn’t. Both arrangements help you begin to live a life apart from your spouse. What Does a Legal Separation Entail? A legal separation is when you obtain an official legal separation judgment from a […]
What to Do When Your Spouse Tries to Hide Assets
During a divorce, especially one dealing with a large net worth, spouses can be on the worst behavior when it comes to money. According to the National Endowment for Financial Education, 58% of spouses hide assets from their partners. If you suspect your spouse is part of the 58% hiding money in the midst of […]
What Happens When a Parent Has Sole Custody?
Not every parent is the best choice for custody when it comes to their child’s well-being. In some situations, a court can grant one parent sole custody. How does this occur and what happens after these court decisions are made? We’ll cover some of what custody entails and walk you through the process that results […]
Do I Still Get Alimony if My Spouse Goes Bankrupt?
When a spouse has declared bankruptcy they have entered a legal status saying they are unable to pay their creditors. Alimony is a legally mandated payment from one spouse to another. The other spouse might worry that bankruptcy would affect alimony payment. This is not the case, but there are still some elements you must […]
What is a Restraining Order?
A restraining order, sometimes called a protective order, is a court order that can protect someone from being physically or sexually abused, threatened, stalked, or harassed. It imposes certain behaviors and requirements on the offender with legal consequences should the offender fail to comply. The person who obtains the restraining order is called the “protected […]
Why You Should File for Divorce First
Many people going through a divorce are often caught off guard by the initial filing. They may have felt the issues plaguing the marriage weren’t enough to warrant a divorce, or perhaps they thought they had conducted their undesirable behavior in secrecy. Whatever reasons prompted the divorce, the spouse caught unaware is at a disadvantage. […]
Emails & Divorce – What You Need to Know
The content of emails can serve as evidence in court proceedings, so take care to be judicious in who has access to your emails and how you express yourself within them. Taking the following advice into account can help you use email in a way that protects you and keeps you on the best path […]
Who Gets the House in a Divorce?
Occasionally, clients ask us who will get the house in a divorce. The short answer (that our clients don’t like to hear) is that it depends. Is the House Marital Property or Separate Property? Property that was purchased by one of the spouses while they were married is called Marital Property. It doesn’t matter if […]
Who Gets Custody in a Divorce?
Wondering who gets the kids in a divorce and how it is determined? As you might imagine, a lot plays into it. First, let’s talk about the different types of custody. Joint Physical Custody, Sole Physical Custody and Legal Custody These are the three main types of custody that come out of a divorce settlement. […]