I thought it would be helpful to go over a digest version of the process of trial preparation and discovery for divorce. An article I found gives a helpful overview of the process for those who are considering hiring an attorney. Please note this is not specific legal advice for you and your case it is simply a legal process that some attorneys may take. Always seek legal advice prior to taking any legal actions.
In a contested case, after one spouse files for divorce, the process of discovery begins. Each side sends the other lists of questions called interrogatories, which have been drafted by attorneys and must be answered under oath. Interrogatories are composed of questions about finances, assets, pensions, and similar financial issues. Through their attorneys, the spouses can also ask each other to produce documents such as bank statements, credit-card bills, receipts, tax returns, paycheck stubs, etc. The attorneys will sort through the interrogatories and documents- and then if necessary, may further question the spouses in person under oath at what is called a deposition. A deposition takes place in the presence of a court reporter, who later transcribes what was said into a typewritten booklet.
Often the attorneys may be looking for hidden assets in order to determine how much money, earning power, and other assets each spouse has so that they can be divided.
Trial preparation efforts are important because the information that comes out at a trial depends very much on how well the lawyers understand and present the facts-both favorable and unfavorable-to the judge. Even the best case can be lost if the lawyer is unprepared, careless, incompetent, or otherwise ineffectual. Moreover, the best-prepared lawyer with the best case can also lose if the other lawyer is more effective or the judge is biased. Lastly, no matter how strong you believe your case is, there is often an element of surprise. There are no guarantees when it comes to litigation. Judges often see things very unpredictably.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
Author's Notes
Monday, October 31, 2011
Spousal Support / Alimony when Sharing a Residence
According to a recent article, The South Carolina Supreme Court has decided that couples seeking a divorce must live apart in order for one spouse to seek support.
In the great economic recession that the United States is under, it just makes it that much harder to obtain a divorce. Supporting two households is presently impossible for millions of Americans. This decision comes at a time when many couples in the process of divorce are choosing to live together due to their financial situation or lack of employment.
The article sites a case in which a woman was seeking support from her husband of thirty years while still living in the same home. Her request was denied because she was still living with her ex-husband. Many people simply do not have the funds to just set up their own household and for some; this is why they seek support.
In South Carolina couples seeking a no-fault divorce with neither party citing infidelity nor abuse must live apart for a year to seek support. In South Carolina it is believed that if the two people can live together, then there must be a relationship that to be salvaged. If one party moves out immediately, it is believed that they must really not be able to stand each other. Because of this, a physical separation for monetary support is now required. In a state such as this, it is very beneficial not to be financially dependent on the other person.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
In the great economic recession that the United States is under, it just makes it that much harder to obtain a divorce. Supporting two households is presently impossible for millions of Americans. This decision comes at a time when many couples in the process of divorce are choosing to live together due to their financial situation or lack of employment.
The article sites a case in which a woman was seeking support from her husband of thirty years while still living in the same home. Her request was denied because she was still living with her ex-husband. Many people simply do not have the funds to just set up their own household and for some; this is why they seek support.
In South Carolina couples seeking a no-fault divorce with neither party citing infidelity nor abuse must live apart for a year to seek support. In South Carolina it is believed that if the two people can live together, then there must be a relationship that to be salvaged. If one party moves out immediately, it is believed that they must really not be able to stand each other. Because of this, a physical separation for monetary support is now required. In a state such as this, it is very beneficial not to be financially dependent on the other person.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
Perils of Social Networking and Divorce
Many of us have become obsessed with social networking whether it’s Facebook, Myspace, or Twitter. Many attorneys today are warning their clients to keep off of social media sites.
According to a recent article, the average person can find information on another person (much cheaper that hiring a private investigator) just by doing a simple search. It’s all too common that users of social media sites tend to share too much information. It’s extremely important to be conscious of photos and blurbs you post on the web. You may want to think twice before clicking the “share” button because you may be posting something incriminating or that you don’t want to be public information in the long-run. Ultimately it can not only embarrass you, but truly harm your pending legal matter. So please think twice before you publicly share.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
According to a recent article, the average person can find information on another person (much cheaper that hiring a private investigator) just by doing a simple search. It’s all too common that users of social media sites tend to share too much information. It’s extremely important to be conscious of photos and blurbs you post on the web. You may want to think twice before clicking the “share” button because you may be posting something incriminating or that you don’t want to be public information in the long-run. Ultimately it can not only embarrass you, but truly harm your pending legal matter. So please think twice before you publicly share.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
Don't Make Divorce More Nasty
Many people when undergoing a divorce think that playing nasty tactics on their ex spouse can help them to either attain an advantage or emotionally satisfy them. I always advise against doing anything unnecessary. For one, it can emotionally awake the other side to up the ante in increasing unnecessary roughness. It's just an ever mounting nuclear arms race waiting to happen.
We’ve all been known to play tricks on people; sometimes even dirty tricks, but pulling a dirty trick on your ex-spouse or soon-to-be-ex-spouse will rarely be of advantage to yourself.
I wanted to share some tips from an article about tricks you shouldn’t to pull during a divorce:
1. Leave Him/ Her with Nothing
2. Cut Off the Credit Cards
3. Get Him Fired
4. Cut Off the Utilities
5. Tell the Other woman's/ Other man’s Spouse
6. Move out of State with the Kids
7. Clean out the Bank Accounts
8. Call Child Protective Services
9. Embarrass your Spouse
Many states even have laws to protect parties to a divorce matter against many of the issues mentioned above. One of the best tips in the article is to make sure that each move you make in the divorce is toward a positive solution.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
We’ve all been known to play tricks on people; sometimes even dirty tricks, but pulling a dirty trick on your ex-spouse or soon-to-be-ex-spouse will rarely be of advantage to yourself.
I wanted to share some tips from an article about tricks you shouldn’t to pull during a divorce:
1. Leave Him/ Her with Nothing
2. Cut Off the Credit Cards
3. Get Him Fired
4. Cut Off the Utilities
5. Tell the Other woman's/ Other man’s Spouse
6. Move out of State with the Kids
7. Clean out the Bank Accounts
8. Call Child Protective Services
9. Embarrass your Spouse
Many states even have laws to protect parties to a divorce matter against many of the issues mentioned above. One of the best tips in the article is to make sure that each move you make in the divorce is toward a positive solution.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
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