The elephant in the room that drives many divorces is money. It is something each party is reluctant to admit, but nonetheless is highly integral to the divorce process. During the divorce proceedings, the court may employ a tracing method to determine what property belongs to what party. The main…
You may have caught Laura Petrecca’s article in USA Today on the importance of the prenuptial agreement. Drafting these agreements is a challenge for the family law attorney as they not only consider the recognized legal principles of family law, but also converge with estate planning. Ms. Petrecca’s spotlight on…
A common issue that arises in the event of dissolution or legal separation is what to do with the family home. Do the parties sell the home and split the proceeds from the sale? Does one party buy out equity interest from the other? In cases where there are minor…
One issue the family law attorney encounters is the presence of domestic violence in the relationship. Such acts of violence pose not only problems for the parties involved, but for the family law attorney. The act must be made known outside the home and then the proper legal recourse must…
Property can be either separate or community property. While this maxim sounds easy to distinguish, that is not always the case in reality and rarely the case in heavily contested divorce cases. Separate property is controlled solely and exclusively by the owning spouse. The non-owning spouse has no inherent statutory…
When couples divorce, they are likely to face a number of complex and considerable issues. One major issue given significant weight in this tumbling economy is the division of assets and debts. As the economic downturn continues, the number of couples divorcing with immense debt is increasing at a rapid…
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