Many people associate divorce with a fight-to-the-death courtroom battle where two people, who were once a couple, wage financial and emotional war on each other. There is often little regard for the undeniable victims of that war: the parties’ children, their finances and their happiness. When a judge decides the outcome of a litigated divorce,...Read more
My husband and I just signed a divorce agreement. We want to reconcile. Will this affect our agreement?About six months ago, my wife filed for divorce. We each hired attorneys and worked out a divorce settlement agreement. The process made us reflect on the years that we spent together and our children. We decided not...
The father has agreed to be solely responsible for the support of our children if I agree to waive alimony. In other words, he will waive child support from me and I will waive alimony from him. Is this legal? Child support belongs to the child. It has been held that a parent cannot waive a...Read more
Before I got married, I received my grandmother’s 3.5 carat diamond pendant. It has significant monetary and sentimental value. As an expression of my love and deep commitment to the one who would become my wife, I had the diamond set in an engagement ring that both of us were very proud of. Five years...Read more
My wife and I have some pesky marital issues that we want to resolve in an agreement that will be enforceable if ever we divorce. Can we do this in a mid-marriage agreement, and will it be enforceable? Probably not. A mid-marriage agreement is one that is typically made before separation, but when one spouse is...Read more
In April 2004, Paula and John were divorced after 13 years of marriage. Despite being divorced, Paula and John continued to live together for more than three years after the divorce. The divorce agreement directed John to pay alimony to Paula as well as child support for their three children and to contribute to their...Read more
We don’t want to argue about alimony, child support or equitable distribution. Both of us want to be fair. Can we use one attorney, to save money and expedite the divorce?The Rules of Professional Conduct prohibit an attorney from entering into the representation of one client that will be directly adverse to another client. Divorce...
In the case of divorce, clients often ask me about fault. Does one person’s marital misconduct, like infidelity, make them responsible to pay more in alimony?Take this question:
“My wife just learned of my adultery. The fact is, she can prove it. She has threatened that her lawyer will make me pay for it in the...
"I am divorced. My ex-husband just received a significant inheritance and invested it in a new home twice the size and expense of our former marital home. Nothing seems to be left for child support or the college expenses of our son. Can he get away with this?" No. While a parent’s income earned through employment...Read more
Will my child support end when my child goes to college? No. Child support is a parent’s obligation until the child is emancipated. If your child attends college and you are contributing to the expenses, child support may be reduced. Unless your child attends a local college and continues to live at home with you or...Read more