Monthly Archives: October 2013

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

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

Oh, no! The status quo

When one spouse decides to pursue a divorce, the non-filing spouse often feels an overwhelming sense of powerlessness. Their world turns upside down and the decision frequently surprises them. In these moments, desperation sets in and the non-filing spouse makes concessions to the filing spouse to try and win them back. The danger this creates is… Continue reading

Posted in Child custody, Child support, Distribution of property, Divorce / Dissolution of Marriage, Divorce lawyer tactics, Family Law, Time-share | Tagged , , , , , , , , , | Leave a comment

Affording a Dissolution of Marriage

I am afraid to say that using an attorney in a dissolution of marriage action is never going to be “cheap”. But there are some things to be aware of…. Continue reading

Posted in Attorney Fees and Other Costs, Divorce / Dissolution of Marriage, Divorce lawyer tactics, Family Law | Tagged , , , | Leave a comment

Dissolution of Marriage: Where to file?

…An unwary and unrepresented party to a divorce, though, may unwittingly concede to an improper venue (a wrong county) by filing an answer or showing up to a court date. That is because…. Continue reading

Posted in Divorce / Dissolution of Marriage, Divorce lawyer tactics, Family Law, Pleadings, Venue | Tagged , , , , | Leave a comment

Power of Attorney – be sure to get it right!

A couple of days ago I wrote about a special needs trust mechanism provided for by law. While it primarily is an estate planning tool, it certainly falls into the realm of family law as well. Today‚Äôs post is about … Continue reading

Posted in Uncategorized | 2 Comments

Special Needs Trust: Protect assets of disabled family

A special needs trust is one ordered into being by a District Court Judge, usually one in the Probate Division. The petitioner pursuing creation of the trust has specifically mandated pleadings to make and proposes the language of the trust. Once the court orders it into being, the special needs trust protects assets, such as monetary awards from lawsuits or settlements over a negligent injury, from going… Continue reading

Posted in Distribution of property, Family Law | Tagged , , , | Leave a comment

What’s a Scrivener?

I have, at times, successfully offered a couple who wish to have a legal separation or have determined for certain that a divorce must occur the services of scrivener. First of all, I am not commenting on this to in any way encourage divorce. Divorce usually does not accomplishes the freedom or healing the parties expect. Rather, I am merely offering an alternative to the traditional adversarial lawyer versus lawyer dissolution action that can be so costly…. Continue reading

Posted in Child custody, Divorce / Dissolution of Marriage, Family Law, Legal Separation | Tagged , , , , | Leave a comment