Divorce & Separation

Should I Try to Settle or Go to Court and Let a Judge Decide?

There are five discrete legal issues that are commonly associated with divorce: (1) child custody, (2) child support, (3) post separation support, (4) alimony, and (5) equitable distribution of marital and divisible property and debts. Although the actual divorce must be granted by the court, you and your spouse can settle other issues related to your divorce outside of court.

Is Student Loan Debt Considered Marital Debt?

When parties separate and one party owes debt on student loans, it is not unusual for the parties to disagree as to whether the student loan debt is the sole and separate debt of the party who incurred it, or marital debt that is subject to division between the parties as part of the equitable distribution process. Whether student loan debt is classified as marital debt or separate debt will depend on whether the party who incurred the debt can carry his/her burden of proving that the debt was incurred for the joint benefit of the parties.

Identifying and Avoiding Parental Alienation.

Every seasoned district court judge and child custody lawyer has seen cases where a parent, during a custody case, attempts to alienate his son’s or her daughter’s love and affection for the other parent in order to win the custody case. A parent’s attempt to brainwash, manipulate, or control a child to diminish or destroy the child’s love and affection for the other parent is generally known as referred to as parental alienation.

Didn’t Sign a Prenup? A Postnuptial Agreement Might Be Right for You.

A prenuptial agreement (also known as a premarital agreement) is an agreement entered into between two parties who are planning to be married. In order to be legal and binding, a prenuptial agreement must be entered into and signed by both parties before the marriage. However, parties who are already married can take advantage of some of the benefits of a prenuptial agreement by entering into an agreement known as a “postnuptial agreement.”