THE DANGER OF THE SCHOOL ADMISSION FORM IN CUSTODY CASES

School admission forms become an issue in many custody cases.  In some cases, a Mother involved in divorce is angry at the Father, so she doesn’t list him on the school form.  In other cases, Father will list his new wife (the step mother) as the mother and neglect to list the children’s natural mother.  These […]

CAN BOTH PARTIES GET A DIVORCE ON FAULT GROUNDS? WHAT IF BOTH HAVE GROUNDS?

The question often arises, “Who will get the divorce if both parties are guilty of adultery?” Or, “I might have been guilty of adultery, but she was guilty of cruelty, so that’s why I committed adultery; who will get the divorce?”  The answer is that a court cannot grant a divorce to both parties.  The […]

ATTORNEYS AND PARTIES BEWARE: AGREEMENTS FOR DIVORCE ON IRRECONCILABLE DIFFERENCES ARE SUBJECT TO COURT APPROVAL

It is fairly well known that an Agreement for divorce on Irreconcilable Differences is always subject to review by the Court for reasonableness, particularly in relation to children and child support.  Thus, even though parties might agree to something, a court could disapprove of it and not allow the divorce to go through.  This obligation […]

WHAT ARE CUSTODY RIGHTS BEFORE THERE’S AN ORDER?

Before a court has entered some form of order, each parent has equal rights to custody. Unfortunately, if parents choose to, they can play a vicious and destructive game of “keep away.” Sometimes a “keep away” strategy is necessary, but in such cases, court assistance should be sought as soon as possible. Until there is […]

WHAT TO DO WITH AN ARMED INTRUDER

I believe lawyers are at particular risk for an armed intruder.  Every law office should have a specific plan for dealing with armed intruders.  There are three basic steps of action: Escape if you can. (Plan designated escape routes) Hide under a desk or in a closet or anywhere you can find. If left with […]

WILL A SPOUSE BE GIVEN CREDIT FOR SEPARATE FUNDS INVESTED IN A HOUSE?

There are many situations where one party contributes separate funds to the acquisition of a home.  Once separate funds are contribute to joint property which is used in the marriage, the separate funds are deemed “commingled” in the marital estate, thus making them subject to award in divorce.  An examination of the decisions on this […]