What is a Restraining Order?

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

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

emails and divorce

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 […]

WHAT IS INVOLVED IN A CHILD CUSTODY CASE?

child custody

One of the most important aspects of a divorce is figuring out who gets primary child custody. Sometimes it goes smoother than others, meaning the parents are able to create a co-parenting plan together. Other times, parents wind up going to court to involve a third-party in deciding the best course of action. We are […]

Who Gets the House in a Divorce?

House

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?

custody

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. […]

What Are Unreasonable Support Demands?

Every so often, we have a client come to us that is in need of a good defense lawyer to assist them with unreasonable support demands from their ex. We help our clients reach more reasonable demands that both parties can agree to. What qualifies as an unreasonable support demand? Here are a few examples […]

What is a Breach of Fiduciary Duty Claim?

fiduciary duty

Do you suspect there was a breach of fiduciary duty? Here are a few basics of what this means, how it can happen and the next steps.  What is Fiduciary Duty? At a high level, a person or organization with fiduciary duty is put in charge of someone or something that belongs to someone else. […]

What is Property and Business Division?

In a divorce, what is property and business division? At a high level, it’s just like it sounds. It refers to how much of a couple’s property is divided between the two parties, as well as how a business is divided. This can be tricky though, as there are a number of factors that go […]

What is a Marital Standards of Living Assessment?

The marital standard of living (often referred to as MSOL) is essentially a measure of the lifestyle enjoyed by a couple during marriage. It is most often used during a divorce case to help determine how much support one party should pay the other.  Several things go into this evaluation. Marital Standard of Living Assessment: […]