Gov. David Paterson has signed into law a bill allowing for “no-fault” divorce in New York State. New York was the last state in the union to allow for such a divorce. Under the new law, as long as one couple claims that the marriage has been “irretrievably broken” for at least 6 months, the … Read more
One of the biggest mistakes I see divorcing couples make is piling on additional debt after they separate, thinking that their spouse is responsible for one-half of this new debt. This couldn’t be farther from the truth. In North Carolina, the courts will look at the amount of debt you, as a couple, have incurred … Read more
This is the sixth in a series of tips I am publishing to help people who are considering separating from their spouse or divorce. While I believe strongly in the collaborative divorce process, there are times where you must take steps to protect yourself. This series is meant to help you protect your legal rights … Read more
Whether you are considering a Collaborative Divorce (which I recommend) or an “old school” divorce, which only really benefits the lawyers involved, I would strongly suggest that you start to develop your budget. One of the great things about the Collaborative process is that this budget will be “forward looking” as opposed to “backward looking”. … Read more
Although I believe strongly that the collaborative process is the right approach for nearly all divorcing couples, I can understand that when you first begin thinking about divorce, the gut reaction is going to be to circle the wagons and get ready. That is why I have included photocopying the financial records as tip #4. … Read more
In this third of a series of “How to Prepare for Divorce” Tips, I recommend that you begin gathering information about your families finances. One of the primary functions of the divorce process is to make a division of the assets and debts of the marriage. In order to get a fair division, you must … Read more
One of the questions I get most often is whether or not my client needs a consent judgment. To answer that question, it probably is best to explain what a consent judgment is. A consent judgment is nothing more than a court order that is agreed to by both parties to a lawsuit. In order … Read more
I often get asked about what documents or other information my clients should bring with them to their initial assessment with my office. Some lawyers will tell their clients to bring “anything you thing would be helpful to help me understand your case,” although that is a pretty general statement, and doesn’t help the client. … Read more