It just does not matter, so get over it!

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In divorce cases, too many people want to make sure the Judge knows why the marriage failed and that it is the other spouse’s fault.  Unless it goes to custody, i.e., drug abuse, alcohol abuse, domestic violence, and so on, the judge does not care because the law does not care.  It does not matter that your spouse has been having an adulterous affair unless he or she was “doing it” front of the children, and by “doing it,” I mean “doing it.”  It does not matter your spouse is financially irresponsible.  We now live in no fault divorce and it just does not matter.  Get into counseling and or a support group, but get over it or your divorce will cost you so much more than it should, psychologically and financially. Read more →

Let’s look at discovery in divorce

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In a divorce proceeding, the parties must exchange with each other and file with the court a sworn statement of net worth (snw).  This is a document signed under oath setting forth your expenses, income, assets and liabilities.  It is a document that you could easily help someone else fill in, yet for some reason, when you have to fill it in for yourself, we all get severely perplexed.  Along with this, the following documents are supposed to be attached to the snw and exchanged as well:  last filed income tax returns with all schedules and all back up documents (i.e., W-2, 1099, K-1, etc.); recent pay stub if it shows year to date, otherwise all pay stubs for the year; all account statements for the past 3 years for any and all accounts, i.e. bank, deferred comp, stock, investment, retirement, life insurance policy etc.; a copy of your retainer agreement with your attorney.  Any delay in this is a delay in your case and a possible negative inference against you. Read more →

Equitable Distribution in Divorce Over Simplified

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To understand equitable distribution, the division of assets and debts acquired during the marriage, one must first understand the two most important terms used:

Marital property:  all property acquired during the marriage that is not separate property of either spouse.

Separate property:  all property acquired by either spouse prior to the marriage, acquired by inheritance, or gifted to that party alone that was preserved in that person’s name alone or with someone other than the spouse. Read more →

Orders of Protection Info You Need to Know

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Once there is a stay away order of protection against you, no one can change it except for a Judge in the Court that issued it.  So, if there is an order of protection against you, a signed agreement between you and the other person and/or between your respective lawyers that something, even to appear for a deposition, would not constitute a violation is not legally binding.  You can still be arrested, although it is most likely that the violation would be dismissed, why risk arrest?  Your divorce judge can transfer and consolidate the order of protection into the divorce and then amend it to permit the appearance at the Read more →