One of the most important phases of a divorce case is the temporary orders stage. In some jurisdictions the parties agree to and attend mediation to attempt to reach an agreement on the temporary orders. In other jurisdictions (such as many of the courts in which I practice) attending mediation is mandatory prior to a temporary orders hearing. Below are what I believe are the keys to successfully mediating temporary orders. Continue reading →
Some of the areas addressed include:
- What information/documents you should compile as you prepare for divorce
- Whether it is a good idea to “hide” assets
- What kind of divorce attorney you should hire
- How your emotions can work against you in your divorce case
- The significance of separate property claims
- Whether the property will be automatically divided 50/50
- How the possibility of alimony relates to your property division
This article provides a brief overview on Texas law concerning post-divorce alimony in Texas. Laws differ from state to state and individual circumstances vary, so you should consult with a qualified family law attorney in your area for specific advice on your particular situation. Additionally, this article deals only with post-divorce alimony. It does not address Continue reading →
On my other website (morganlawlakeway.com) I recently responded to a comment which asked an interesting question – what happens under the Standard Possession Order when a child’s birthday falls on one of the designated holiday periods.
It was interesting to me that Continue reading →
Tip #1 – Have a Clear Written Fee Agreement
Most experienced and effective divorce attorneys charge by the hour and require an advance retainer (lawyer speak for a deposit) that is paid at the beginning of the case. Fees and expenses will be charged against the retainer until it is exhausted, at which point the client will be responsible for any additional sums incurred.
Clients will sometimes seek an attorney who will represent them on a flat fee basis, thinking that this will save them money. The problem with this Continue reading →
If you need a divorce the best case scenario is that all issues be resolved by a fair agreement. Contested divorce cases and trials can be expensive, exhausting, and are often unnecessary.
People sometimes wrongly assume that their divorce will be “uncontested” because neither spouse wishes to remain married. The reality is that there are usually several other issues that must be agreed to (or decided by a judge) before a divorce can be finalized. The following is a brief outline of a few areas that Continue reading →
Selecting a divorce lawyer to handle your case is a very important decision. The following are a few criteria for use in helping to decide on the right attorney.
Any divorce lawyer you consider should have substantial experience in handling divorce cases. Your lawyer should practice primarily (preferably exclusively) in the field of family law. Often people will hire a lawyer who practices primarily in some other area, thinking that any lawyer will do. However, Continue reading →
In recent years I have noticed an ever increasing number of pro se litigants (people who represent themselves) at the courthouse. I mentioned this to a judge who estimated that 50% of her docket was comprised of pro se cases. Most of these people are using divorce forms that they purchased online. They pay approximately $200 or so for the fill-in-the-blank divorce forms that are supposed to be acceptable in their jurisdiction.
Among the many problems of a divorce form website is Continue reading →
Here is an interesting post about relocation cases in the state of Nevada. The author is a college professor in Nevada who blogs about his divorce experience. He describes the relocation statute and how, in his opinion, it is usually applied in a way that allows the custodial parent to move the child away from the non-custodial parent.
The Nevada statute gives very specific guidance to the court making such a decision but Continue reading →
It is surprising to me the number of people who file for divorce without having first attempted marriage counseling. In those cases where the marriage is particularly short and there are no children it is understandable, but when a marriage has lasted a decade or longer or the spouses are still raising children then marriage counseling is usually at least worth trying.
I have never advised a client to get divorced, as I feel that this is a very personal decision and Continue reading →