Most of the time parties appear in court, it is for a motion hearing rather than an evidentiary hearing. An evidentiary hearing is basically a trial where testimony is taken from witnesses and exhibits are introduced to the court through the testimony that supports them. In a motion hearing, exhibits ...
Sometimes in divorce cases, one or both parties files for an OFP (Order for Protection). These are court orders that protect the party in question from abuse. There are many misconceptions about OFPs. Here are the 5 things you need to know about OFPs. You can be served up to 12 ...
New research shows that divorce rates among baby boomers are higher than ever. Couples over 50 were twice as likely to divorce in 2009, than 50+ couples back in 1990. Stigma of Divorce Divorce today does not carry the same stigma as it did twenty or thirty years ago. Today, social changes ...
Income Share Model. Many parents assume that child support is only based on the obligor or non-custodial parent's gross monthly income. Minnesota, along with many other states, applies what is called the income-shares model. Under this model, child support is based on both parents' incomes. Even if one parent is not working, income ...
An appeal is a very technical and potential very expensive process. In addition to attorneys' fees for drafting the pleadings, the parties must also pay for: Transcripts for Court Hearings Filing Fees Appearance by the Attorney for the Oral Argument And Possibly Appellate Mediation And in the end, that party may lose ...
A Financial Early Neutral Evaluation is one avenue you can explore when attempting to settle disputes relating to spousal maintenance, child support, or the division of property. Oftentimes, the neutral will instruct all parties to bring specific financial documents to the FENE. However, it is your responsibility to bring these materials. Below ...
With the state of the real estate market these days, it is not uncommon for divorcing parties to have to decide what to do with a house that is "underwater" (where the mortgage is greater than the value of the home). While it may seem fair to assign a "negative value" to the home ...
A new piece of proposed legislation in England aims to achieve more equality in child custody settlements. The legislation touts the importance of a child having contact with both their mother and father. But David Norgrove argues that his recent findings in the independent family law review, prove that "the law should ...
According to a new study, men are twice as likely as women to wed again after a divorce. The study surveyed 2,000 adults was enacted to coincide with the DVD release of Crazy, Stupid, Love. 47 percent of divorced men surveyed said they were eager to wed again, compared to 20 percent ...
Parents have a fundamental right to raise and care for their child under the U.S. Constitution. The courts have repeatedly held that child custody can only be removed from a parent for "grave" and "weighty" reasons. So how can a person who is not the parent of a child, gain custody ...
