Tag Archives: divorce

It takes more than agreement for a custody order

While some courts will still issue an agreed custody order without these specific findings, it is not the best practice. Even if the divorce or custody action is being submitted on the record and all parties are in agreement, it is best to submit …. Continue reading

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Holidays are rough for families in conflict

Yes, I practice family law. And yes, I handle divorce actions as part of that practice. And, I am most successful in that when I help my client reconcile. Sometimes this reconciliation means the divorce never happens and they re-invest in their marriage. Sometimes, though, reconciliation… Continue reading

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Avoid timeshare conflict being your childrens’ Christmas gift

The season celebrating God the Father giving up His most precious gift: His only Son born of Him, becomes the season of giving grief. This is because we all (not just divorced parents) turn the season into one of being entitled. An expectancy of receiving takes hold. As parents, we slip into holding the holiday itself as… Continue reading

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Quick, claim the quitclaim

I took a call from a lady who has called several times over the past two years for help on various things. Today she was asking about a quitclaim deed. Some call this mistakenly a “quick claim” deed because they think it is quick. Actually, it is a “quitclaim” or “quit-claim” deed because the grantor is quitting their claim to the property. They are merely… Continue reading

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Hidden Issues in Child Support 1

An opposing attorney may tell you, if you are not represented by a lawyer in a divorce action, that child support is very cut and dried and the amount they are proposing is determined by statute. This is a partially true statement. It is determined by statute and in the realm of things, it is indeed cut and dried in comparison to other legal matters. However, … Continue reading

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Dividing stuff up

In short, a domestic support obligation that arises from the distribution of property will be treated as a general unsecured debt in a Chapter 13. This creates a quandary for settling matters, especially in this market where houses (the major asset that is divided up in a divorce) take so long to sell. If there is a major asset, like a house, that has equity to be divided and one party wants to hold onto it or control its sale, one strategy is to realize that equity through debt. Continue reading

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Things to be aware of when facing divorce and debt

Bankruptcy of an ex-spouse after the entry of a divorce decree (the dissolution of a marriage) can have substantial implications of obligations owed by that ex-spouse to you. I’ve written a post regarding domestic support obligations in Chapter 7 as compared to Chapter 13 bankruptcy and I encourage you … Continue reading

Posted in Assignment of debt, Distribution of property, Divorce / Dissolution of Marriage, Family Law | Tagged , , , , , | 2 Comments