In many ways, contested or uncontested, your divorce is a negotiation. In most cases, regardless of whether you initially file on fault, your divorce will ultimately be settled. That’s not a dig; in fact, it’s an ideal situation. Rather than leaving it up to a judge, you and your husband can reach an agreement about...
Monthly Archive: August 2017
Custody cases are some of the hardest. Even in cases that – to me, at least – seem more or less routine, there’s still the fact that parents who otherwise would have had (and probably did have, up until recently) complete autonomy over how their children were going to be raised are going to suddenly...
In many marriages, the house is the biggest asset. In others, it can be the biggest liability. Either way—asset or liability—the way the house is handled in divorce is a really big deal. Whether you want it, he wants it, or you just want it gone, the marital residence is a biggie. Whether you want...
Separation agreements are great, because they allow parties to reach an agreement about how their divorce will be handled, rather than litigating things and ultimately leaving it up to a judge to decide. Judges are super smart and all that, but (1) they don’t know your case as well as you do, and (2) don’t...
I spend a lot of time preaching about separation agreements. Obviously–see here, here, and here, for more information. I talk a lot about how useful they are, how much control they give parties over the way their assets will be divided, and the benefits of spending less on attorney’s fees (so you have more for...
What to expect at a judicial settlement conference Judicial settlement conferences can happen for a couple of different reasons. If your divorce is contested, oftentimes courts require that you have a judicial settlement conference before your trial, in an attempt to encourage the parties to settle on their own without the judge’s involvement. (If your...
There’s a lot of uncertainty when it comes to most divorces. At the beginning of the process, tensions are usually high, and there’s a lot of mistrust on both sides. Coming to the realization that your marriage is at an end is difficult and emotional, and it’s often surprising how fast people go from “till...
It doesn’t happen all the time, but every so often I get a question about what to do in the event that someone else starts recording your conversations—ostensibly to use against you in some kind of civil or criminal proceeding. In divorce law, most of the time those conversations are intended to be used as...