Recent surveys of family law attorneys indicate prenuptial agreements (prenups) have become increasingly popular among millennials in recent years. One big reason for this trend is that millennials are getting married older, on average, than previous generations, meaning they’re coming into marriage with more assets. However, perhaps the biggest factor is the massive debt weighing down the millennial generation. Millennials…
A recent article in The New York Times indicates that under the new Republican tax law, there may be an incentive for wealthy Americans pondering divorce to rush to get it done before 2018 is over. The primary reason for this is that the new Tax Cuts and Jobs Act will eliminate the previously existing tax breaks for alimony payments…
One of the more common fault-based grounds for divorce is adultery. A spouse having an affair is certainly good reason to call a marriage quits. But let’s say you discover your husband is having an affair and you know the name of the other woman — are you able to subpoena her to come to court? The short answer here…
When one spouse in a divorce earns significantly more than the other, it is almost a certainty that there will be an alimony arrangement as part of the divorce decree. The alimony payer is required to pay a specific amount of money each month until a certain date, the remarriage of the receiving spouse, the death of either spouse or…
When you receive a divorce petition from your spouse, it is your responsibility to respond. The way in which you respond, however, depends on what your spouse asks of the court in the petition and your own personal circumstances. It is best to retain an attorney as soon as possible when you receive a divorce petition. Your attorney can advise…
Whether you are paying or receiving alimony as part of the terms of your divorce, there are some records you should hold on to that could be important down the line in the event of a dispute. Here is a quick overview of those records you should keep. For the alimony payer If you are paying alimony, you should keep…
One of the most important steps you take early on in the divorce process is hiring your attorney. This can be an understandably difficult process — you have likely never hired an attorney before and may be feeling stressed out about the prospect of going through the divorce. Fortunately, a good lawyer will be right by your side throughout the…
A counterclaim is a chance for you to submit your own requests in writing about what type of outcome you would like to see in your divorce regarding issues such as property division, child custody and child support. You would submit the counterclaim after your spouse files the initial divorce petition. The following are some tips for writing a sound…
Unless you settle your divorce case extremely quickly, there’s a decent chance you will have to go to a deposition, to be scheduled by your spouse’s attorney. During a deposition the attorney will ask you a series of questions, which will have been agreed to by you and your attorney. A court reporter will place you under oath, and you…
Expert witnesses play a significant role in divorce cases, as they can lend insight into a person’s financial, medical or emotional situation. But what about character witnesses? Character witnesses are often used in criminal cases as a way to portray a defendant in a positive light. Can they also be helpful or make a difference in divorce trials? It is…