Divorce Law

Alimony: Getting the Best Deal You Can Do It! When negotiating, start by asking for more than you either need or expect to get. Then, during negotiations, be willing to give up what you don't mind losing. You Can Do It! If possible, arrange sp...

What's Fair? Deciding on Alimony How do you know how much maintenance to pay or to demand? There are well-established parameters. In general, courts look at the following factors to determine the size of the support check. It follows, of course,...

Do's and Don'ts When You're in Court Trial by Fire: When You're the Witness As much as you might wish the witness seat would open up and swallow you, you will need to deal with the opposing attorney the best you can. (If your spouse is pro se an...

What Is Maintenance (Alimony)? Whatever your situation, you must first understand the maintenance basics—what maintenance (or alimony) is exactly, when it is appropriate, and how the general rules applying to maintenance will determine what ha...

Worksheets for Financial Settlement With the help of financial analyst Ted Beecher, we've developed a series of worksheets to help you move toward financial settlement and cut the best deal you can. In the end, whether you plan to settle or liti...

When Your Ex Does Not Comply with Your Divorce Decree Enforcement of the decree is difficult, if not impossible, without the help of a lawyer. Some lawyers specialize in collections, and others won't touch it. Before you incur the cost of trying...

What Your Divorce Lawyer Should Be Doing and When The practice of law is not a science, but it's not exactly an art either. There are certain things your attorney can and should be doing. For some guidelines, refer to the following list: Your l...

Twelve Tips for Keeping Legal Fees Under Control We can't emphasize enough the importance of being vigilant about how and when you spend your hard-earned money on legal fees. Self-restraint is the order of the day. Here are some tips from the tr...

Understanding the Divorce Lawyer's Fees Why Legal Representation Is So Costly Silver Linings Some competent attorneys are willing to work out a payment plan in advance. It is to the attorney's advantage to make it as painless as possible for yo...

Obtaining an Order of Protection Divorce Dictionary An order of protection—which can only be filed against a current or former family member by blood or marriage, family or household members, or other like relationship depending on the state�...

When to Avoid Mediation Take our “mediation-elimination” quiz. If you answer any of the following questions with a “no,” mediation is not for you: Do we both want this divorce? Do I know what our assets and debts are? Are we communicatin...

Trials and Tribulations: Your Day in Divorce Court Judges generally try to help you resolve your case before the trial date, but that is often simply impossible. If, after months and even years of negotiations, conferences, and motions, you and ...

How Does Discovery Work? Divorce Dictionary Discovery is the act of revealing information so that both parties are fully informed of facts before trial. Discovery can pertain to custody matters or finances or to one's physical or mental conditi...

Filing a Motion Divorce Dictionary A motion is a request made of a judge while an action is pending or at trial. Motions can be made in writing for the court to consider, or orally, such as at trial. In matrimonial cases, motions are typically ...

How to Interview a Divorce Lawyer What exactly do you need to know before you hire a lawyer? Here are some questions to ask before you write a retainer check or sign on the dotted line. Concerning general experience, ask these questions: How man...

The Judge's Role in Your Divorce Perhaps the most important person you'll deal with as you go to trial is the judge—just another human being, albeit one who has the power to make decisions for you and your spouse. In a small number of states, ...

All About Arbitration Divorce Dictionary In arbitration, a case is decided by an official arbitrator who hears all evidence and makes a decision. Individuals are represented by attorneys. Unlike litigating in court, there are no appeals. Arbitr...

Collaborative Divorce Red Alert Nothing in the collaborative law agreement precludes parties from litigating if the process breaks down. But if they do so, they will have to move ahead with new attorneys. Finally, there's a new, peaceable metho...