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…
Many people suffer damage to their credit score after going through a divorce, but it is not the divorce itself that causes that damage. What exactly does cause a dip in credit among some divorcees? Below is a quick overview. Financial troubles after a divorce The process of getting a divorce has no influence on your credit score. However, many…
Most of the time, if one spouse is able to pay for an attorney but the other is not, the court will direct the spouse that earns more money to at least partially contribute money to pay for the other’s attorney’s fees. However, it behooves your spouse to agree upfront to pay you some of these funds, as it will…
In some cases, a divorce court may include stipulations stating that one spouse is responsible for paying debt on credit cards that were taken out in their former spouse’s name. Of course, the concern then becomes that the ex-spouse will take advantage of this arrangement and rack up massive bills in the hopes that you will not notice and will…
Many people expect there to be some growing pains when getting remarried with minor children in the picture. However, many of these same transitional and emotional issues can also be a factor if you or your spouse have any adult children. While adult children are going to be better able to emotionally process the transition, they are still human and…
While the state of New York does now allow no-fault divorces, you can still also pursue a fault-based divorce if you wish. In such a scenario, it is your responsibility to prove the other spouse’s misconduct in the marriage caused its irretrievable breakdown. Common grounds for fault-based divorce include adultery, cruelty, substance abuse and insanity. Imprisonment can also be used…
Perhaps the most important early step of your divorce process is choosing an attorney to represent you in the coming months. There are going to be plenty of options out there in the field of divorce and family law, so it’s important you do your homework and find an attorney with whom you are completely comfortable in this emotional, personal…
Most of the time, you can trust that if a court hands down direct orders to your spouse on a divorce-related issue, that spouse will comply. However, there are plenty of circumstances in which divorcing spouses will either violate court orders or fail to obey them entirely. What do you do if this becomes an issue in your case? If…