I have already had several documents that I have either sent or received which mistakenly had 2011 instead of 2012. Start thinking about the year change now. When you draft proposed agreements or pleadings, or notary signatures, leave the year blank, such as “201_” instead of anticipating the year the document will actually be signed. [...]
Categories: Do-It-Yourself Divorce, How to Divorce, Settlement, Tips
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All attorneys know there are “rules of construction” in the interpretation of contracts and agreements. These rules call for the Court to first see if the language is clear without further testimony. If the language is not clear, the Court might hear testimony as to the intent of the parties. If the intent is still [...]
Categories: Collaborative Divorce, Divorce, divorce court, Divorce Laws, Do-It-Yourself Divorce, How to Divorce, Legal, Mediation, Settlement, Tips, Uncategorized
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All too often, a female client will think about changing her name after we have entered the divorce. She wants to know how to do it. This is a shame, because it is easy to incorporate the name change in the Order of the divorce with one sentence and it is done! One consideration for [...]
Categories: Children & Divorce, Collaborative Divorce, Divorce, divorce court, Divorce Laws, Do-It-Yourself Divorce, How to Divorce, Tips
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Divorce negotiation is a tricky thing. It is much more complicated than a business negotiation because of the emotions involved. It is also made difficult by the fact that few married people can negotiate at what we call “arms length.” Each party has emotional leverage on the other. Most often, one party has superior emotional [...]
Categories: Collaborative Divorce, Divorce, divorce court, Divorce Lawyers, Do-It-Yourself Divorce, Emotions, How to Divorce, Mediation, Settlement, Tips
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Finding yourself on the doorsteps of divorce is hard enough emotionally but add the multitude of decisions that are going to have to be made and it can feel completely overwhelming. While there are only two main areas for decision-making; kids and money, coming to resolution can take years and use up a lot of [...]
Categories: Collaborative Divorce, Divorce, divorce court, How to Divorce, Mediation, Separation
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Lawyers are taught that they are to rely upon “precedent” in advising their clients and presenting their cases. “Precedent” means that the matter has been decided a certain way before by a court of authority and it should be decided that way again. But the truth of the matter is that precedent seems to do [...]
Categories: Divorce, divorce court, Divorce Laws, Divorce Lawyers, Divorce Statistics, Emotions, Financial, How to Divorce, Legal, Tips
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Every divorce case is a financial planning negotiation and requires the development of detailed budget, asset and liability information. Assets and liabilities are relatively easy to pin down with documents and appraisals. Accurate budget information is another thing altogether. Clients are usually told to sit down with their checks and credit cards and average the [...]
Categories: Business Valuation, Collaborative Divorce, Divorce, Divorce Lawyers, Do-It-Yourself Divorce, Financial, How to Divorce, Mediation, Settlement, Tips
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I have witnessed countless times when the situation of the parties and the children changes after the divorce and the parties do nothing to change the Oorder. This often leads to unfair results down the road. Many times, the parties are getting along quite well and agree on changes, but that does not mean there [...]
Categories: Alimony, Child Custody, Child Support, Children & Divorce, Collaborative Divorce, Divorce, divorce court, Divorce Laws, Financial, How to Divorce, Legal, Tips
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The “clean hands doctrine” requires parties to comply with all of their obligations under an order before filing a Motion for Contempt or to Modify against the other party. This doctrine is a fundamental element of family law practice. You have to “do right” to be able to ask that the other person “do right.” [...]
Categories: Divorce, divorce court, Divorce Laws, Emotions, Financial, How to Divorce, Legal, Tips
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Most divorce agreements provide that one party retain ownership of the marital home. The other party “Quit Claims” their interest. There are some serious matters to consider. Transferring the home (or a car or any other item) does not relieve the person surrendering the property from liability to the mortgage holder. This means that the [...]
Categories: Collaborative Divorce, Divorce, divorce court, Divorce Laws, Financial, How to Divorce, Legal, Real Estate, Tips
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