A 401(k) is a common asset that has to be divided in a divorce. In many cases, the 401(k) is one of the more valuable assets. Individuals often work their whole career trying to build up their 401(k) balance so that they can...more
The Coronavirus is having a significant impact throughout the world. For many, this pandemic came out of nowhere and has changed lives in ways nobody saw coming.
Apart from the imminent health concerns, many are asking...more
In divorce and family law litigation, text, email and cell phone records are often important. In many cases, parties seek this evidence in discovery when it bears on relevant issues.
Text, email and cell phone records can...more
3/4/2020
/ Data Privacy ,
Data Security ,
Discovery ,
Divorce ,
e-Discovery Professionals ,
Electronically Stored Information ,
Encryption ,
Evidence ,
Family Law Courts ,
Mobile Apps ,
Subpoenas
In the collaborative process, parties are attempting to resolve their divorce or family law matter outside of court in an amicable manner. Parties enlist collaborative lawyers and professionals to assist them.
In...more
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...more
Parties who settle their divorce or family law matter amicably often do not want to go to court. Not going to court is one of the bonuses of settling the case.
Going to court can cause some parties with lots of stress....more
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...more
Many want to settle their divorce or family law matter outside of court. However, versus hiring lawyers, they want to work it out on their own. Man ask why they should spend the money on lawyers?
The thought makes sense on...more
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...more
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...more
In any divorce, including a collaborative divorce, all marital property and debt have to be divided. In an equitable division state, marital property and debt are to be divided in a just manner when considering all the...more
In collaborative practice, one goal of both parties ought to be a fair settlement. A fair settlement means that both parties generally believe that the settlement is fair and equitable for both parties.
This is counter to...more
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...more
The first settlement proposal in a collaborative divorce or family law matter can be critically important. Depending on that first offer, the other party to the case can decide that negotiating may bear fruit.
In other...more
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...more
Reaching a settlement in a divorce or family law matter is easier said than done. For parties who are participating in a collaborative divorce, most are looking for a reasonable settlement. Otherwise, they wouldn’t be...more
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....more
When going through a divorce, the deadline for filing a tax deadline can come. When parties are married, most ordinarily file a joint tax return unless they are living separate and apart.
...more
A collaborative divorce is a great option for those who wish to amicably settle their divorce outside of court. This is particularly true where both parties want to settle, but there is not an agreement on all issues....more
Most individuals who are facing a divorce or family law matter desire a settlement. There are few individuals who would actually want a trial or evidentiary hearing in their case.
A trial or evidentiary hearing is almost...more
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...more
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...more
In traditional litigation, it’s often the war of the competing experts. Whether the issues in the case are financial or custody related, both sides often enlist their own experts.
...more
August is the start of the school year for most children. For many kids, where they are going to school is a forgone conclusion. It might be that they are simply returning to the school that they attended in the past....more
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...more