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What is a non-contested hearing in divorce and family law matters?

Most parties going through a divorce or family law matter understand what a trial encompasses. A trial in a divorce or family law matter is a contested hearing. At the contested hearing, witnesses are called, and evidence is...more

How long does a collaborative divorce take?

Many are interested in the concept of a collaborative divorce. But an initial question many have is how long a collaborative divorce will take. “Can a collaborative divorce be done in weeks or months, or will it take...more

What Are Findings of Fact and Conclusions of Law?

Most understand that a court enters a judgment after a contested divorce or family law matter results in a trial. In the judgment, the court enters a ruling in terms of the result of the case. The case outcome binds the...more

Does It Matter Who The Judge Is?

When a divorce or family law matter begins, many wonder whether it matters who the judge is. Is divorce and family law cookie-cutter to such an extent that it does not matter? Or will the judge assigned to the case make a big...more

Have You Changed Your Beneficiary Designations After Divorce?

After a party completes their divorce, there are often many things that they need to do to finalize matters. However, one item that many overlook is changing their beneficiary designations after divorce to remove their...more

What Documents Should I Give My Collaborative Divorce Lawyer?

When a client hires their collaborative divorce lawyer, they must get essential documents and evidence. Otherwise, it is hard for a lawyer to advise their client on what may be fair and reasonable settlement...more

Adding Third Parties Into a Divorce Proceeding

A divorce proceeding can be complex enough. Where parties do not agree on one or more matters, it can turn a divorce into a contested legal proceeding. Whether the differences be on child custody, child support, spousal...more

Procedural Versus Substantive Motions in Family Court

In a divorce or family law matter, various kinds of motions are usually filed as part of a case. Those who are going through a divorce are often confused about the nature of these motions. Confusion can also take place as to...more

Will Collaborative Divorce Work If Both Parties Are Not Fully Honest?

A collaborative divorce is an option for many parties because they can potentially resolve their divorce matter outside of court. When a divorce settles outside of court, it can reduce fees and animosity. It can also allow...more

Does It Matter How Property is Titled in Divorce?

Many individuals wonder whether it matters how property is titled in a divorce. In other words, some theorize that if an asset is in their individual name, it might mean that they will receive this asset in a divorce. It...more

How to Find the Right Midwest Divorce Attorney

If you have decided to divorce in the Midwest, you will need legal counsel. A competent Midwest divorce attorney will save you time, money, and stress during the process. They can also guide you to a more favorable result...more

Do Both Parties Have to Agree to a Modification?

After a divorce or paternity matter ends, one or both parties may want to somehow modify the judgment. In a general sense, modifications occur in cases of child custody, child support, spousal support, or alimony. However,...more

Why You Should Send a Settlement Offer

Settling a divorce or family law matter is something most parties desire. It is uncommon for somebody to want a trial in their divorce or family law matter. Trials are expensive. Not only are they expensive, but in a trial...more

Dividing a 401(k) in a divorce

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

What is an assumption agreement?

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

How can I get my spouse to sign a postnuptial agreement?

Most are familiar with prenuptial agreements, which are sometimes referred to as antenuptial or premarital agreements. Prenuptial or premarital agreements are documents signed before parties get married. Prenuptial...more

Locating hidden assets in divorce

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

Stock options often overlooked in divorce settlements

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

Should We Live In The Same Home During Divorce?

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

Should My Name Be Taken Off The Mortgage?

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

Offsets and divorce property division

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

8/20/2019  /  Divorce , Marital Assets , Offsets

Inheritance and the Perils of Commingling

Inheritance is an event that eventually happens in the life of many. When a family member becomes deceased, or even a close friend, an individual may inherit a piece of their deceased family member’s or friend’s estate....more

Split Decisions Common After Divorce Trial

Most parties want to settle their divorce amicably outside of court without a trial. For various reasons, some parties cannot reach a decision on every aspect of their divorce. Some parties might not even be able to reach an...more

Refinance After Divorce

In many divorce matters, parties own a house jointly. When a married couple owns a home together, this is known by tenancy by the entireties. In these instances, the married couple is also on the mortgage together if the home...more

Importance of Spreadsheeting Your Assets

Spreadsheeting marital assets and debt is an important part of any divorce matter. In a collaborative divorce, the parties have to divide marital property and debt in a just manner when considering all relevant factors. This...more

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