News & Analysis as of

Divorce Discovery

Divorce is the formal legal dissolution of a marriage. The divorce process implicates many diverse areas of the law including, but not limited to, real estate, wills and trusts, child custody, and tax.
Fox Rothschild LLP

Order Invalidating Settlement Agreement Because Parties Didn’t Formally Answer Discovery is Overturned by the Appellate Division

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Wise or not, parties have a right to waive discovery from the other party and settle their matter. Sometimes, both parties have access to and/or knowledge of all of the finances. Sometimes, the rely on the parties sworn Case...more

Kohrman Jackson & Krantz LLP

What Is Discovery and Why Is It Important for Your Divorce Case?

In litigation, discovery is a crucial part of every case presented to the courts. In civil proceedings, documentation is necessary to support claims. In a divorce, a party may present documentation of income, financial...more

Fox Rothschild LLP

Legal Terror: A Look at Infamous In Terrorem Clauses

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In this day, it seems just wrong to even write a word incorporating “terror.” It seems as if terrorism is everywhere and one place we could hope to elude it would be in contract drafting. Yet, as we shall see, these clauses...more

Burns & Levinson LLP

My Spouse’s Affair Partner Has Been Using Our Marital Assets. What Can I Do?

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One of the most heartbreaking situations for any spouse is the discovery that their spouse has been carrying on an affair. Worse still is discovering that the spouse has been spending income or assets that would otherwise be...more

Stange Law Firm, PC

Don’t Try to Convince Opposing Counsel

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Both parties usually have their own legal counsel in contested divorce and family law litigation. A lawyer representing a party in litigation must advocate for their client zealously....more

Stange Law Firm, PC

The Use of Subpoenas in Family Law Litigation

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Unfortunately, some divorce and family law cases cannot settle without an evidentiary hearing or a trial. When that occurs, contested litigation in divorce and family law matters can require much preparation work....more

Obermayer Rebmann Maxwell & Hippel LLP

Breaking Down the Delaware Divorce Process Into 4 Easy Steps

The divorce process is governed by state law. So, the process can and often does differ from one state to another....more

Obermayer Rebmann Maxwell & Hippel LLP

Breaking Down the Divorce Process Into 4 Easy Steps

Something we hear from many clients when they come for their initial consultation is that the divorce process can be overwhelming and confusing. While every divorce is different, all divorces can be broken down into four...more

Stange Law Firm, PC

Why Discovery Is Important in Family Law Matters

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Divorce and family law matters involve civil litigation in the family court. However, many are unsure what the purpose of discovery may be in divorce and family law litigation....more

Fox Rothschild LLP

A RIGHT RESULT BUT FOR THE WRONG REASONS In Abuse Cases Can the Facts Go Far Beyond the Pleading?

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In a non-precedential case decided on April 29, 2022 a panel of the Superior Court tackled a common and nettlesome question. We live in an age when petitions filed under the Protection from Abuse statute are almost always the...more

Lasher Holzapfel Sperry & Ebberson PLLC

Late or Untimely Discovery Responses in a Child Relocation Act Case: The Lawyer Escapes Sanctions (For Now)

Civil lawsuits can take a long time. After the complaint and other initial pleadings are filed, the next phase of the case will typically turn to what is referred to as “discovery.” Discovery is the mechanism the parties...more

Fox Rothschild LLP

If The Enforceability Of A Prenuptial Agreement Is At Issue, Courts Shouldn’t Wait To Deal With It

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Prior to the walk down the aisle for the happiest day of their lives – to that point – many hopeless romantics decide (or are required by their parents) to get a prenuptial agreement which set forth many of their rights and...more

Burns & Levinson LLP

What to do When a Spouse Ignores the Divorce Process

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When a marriage becomes irretrievably broken, both spouses generally agree that a divorce is necessary.  However, some divorces are contested by one party, which may make the process more difficult and lead to prolonged...more

Stange Law Firm, PC

Conducting Discovery Informally In Family Law Litigation

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In any divorce or family law matter, a party must have all the information they need to make an informed decision in terms of whether trying or settling their case. In a divorce, in particular, parties need information on all...more

Burns & Levinson LLP

So you are ready to divorce...what is the process?

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You have considered your options, asked yourself the right questions, and started searching for an attorney. You are ready to get divorced. Now what? In the second episode of our new webinar series, Robin Lynch Nardone and...more

Stange Law Firm, PC

New encrypted applications gaining prevelance

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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

Stange Law Firm, PC

Locating hidden assets in divorce

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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

Obermayer Rebmann Maxwell & Hippel LLP

What Is The Purpose Of Discovery In My New Jersey Divorce?

When your divorce attorney refers to “discovery”, he/she is referring to the exchange of information and documentation relative to all issues in your divorce. Discovery is in the form of the following requests for information...more

White and Williams LLP

PA Superior Court Holds Attorney-Client Communications in Divorce Records are Discoverable in Medical Malpractice Case

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On September 23, 2019, the Pennsylvania Superior Court in Corey v. Wilkes-Barre General Hospital held that divorce records, including attorney-client communications, were discoverable. The Superior Court’s decision in Corey...more

Planet Depos, LLC

Divorce and Depositions: What You Need To Know

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The legal process of divorce is extremely formal. The process is formal because a divorce is the unwinding of two lives once intimately involved and now actively opposed to each other (at worst) and mutually apathetic (at...more

Smith Debnam Narron Drake Saintsing & Myers,...

Why Do Divorce Cases Take So Long? PART ONE

I often warn clients at the outset of their divorce case that the process will likely take longer and be more expensive than they anticipate. In my 28 years of practice, I’ve never heard of a client expressing dissatisfaction...more

Burns & Levinson LLP

Discovering Digital “Dollars” in Divorce, Part 2

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Part 1 of this two-part series covered a basic overview of virtual or “crypto” currencies, such as Bitcoin, and the rise and significance of the currency as an asset, subject to division, within the divorce context. In this...more

Stange Law Firm, PC

Collaborative divorce and informal discovery

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In traditional divorce proceedings, discovery can be a critical part of the divorce case. Discovery can entail all kinds of different discovery techniques. Discovery can entail issuing interrogatories, requests for...more

Fox Rothschild LLP

They Put Money Where? Conducting Discovery About International Assets

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It happens to family lawyers all the time. A new client comes in to meet with us for an initial consultation and tells us that his or her spouse controlled all of the money and assets. The new client is panicked, because he...more

Ward and Smith, P.A.

2016 Guidance from the North Carolina Court of Appeals on Attorney-Client Privilege Issues

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In civil litigation, parties frequently communicate with consultants, tax advisors, friends, family, and others concerning the subject matter of the litigation, and such communications raise issues regarding the possible...more

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