| Use of Collaborative Law in Divorce |
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| Collaborative law is a method of family law dispute resolution in which divorcing spouses settle their differences out of court. The trend towards collaborative law developed from a desire to avoid lengthy legal and court proceedings while still reaching a compromise mutually acceptable to all parties. Parties to divorce, their attorneys, and any other professional involved agree to make a good faith attempt to reach an amicable settlement without going to court; collaborative practice is intended to minimize difference while working toward that resolution. More... |
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| Property Division in Divorce: Inheritance |
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| Generally, the concepts of equitable distribution and community property distribution in divorce cases do not apply to property that a spouse inherits from a third party during marriage. Ordinarily, property that a spouse inherits from a third party during marriage is considered that spouse's separate property. Inheritance includes acquisition through wills, trusts, probate, or intestacy. More... |
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| Community Property in Divorce |
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| In a pure community property system, property acquired during marriage other than by gift or inheritance from a third party is presumed to be community property and will be divided equally between the parties in divorce. Property that a spouse brings into the marriage or acquires during marriage by gift or inheritance from a third party is presumed to be separate property. Community property states generally consider a gift from one spouse to the other to be the recipient's separate property. More... |
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| Role of Valuation Experts in Divorce |
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| Property division between the spouses is an important issue in a divorce proceeding. Ascertaining the correct and proper value of the assets and properties of the spouses is key to ensuring a fair and equitable division of the parties' assets. The advice of an expert, who is skilled either by training, special knowledge, education or experience in the specific field beyond the knowledge of an ordinary layman, will be of great help for clearly defining and ascertaining the value of property for future divisions and tax procedures, etc. A common example would be an accountant with specific knowledge of the formulas utilized to calculate the present value of various retirement interests. More... |
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| Defenses Available in an Annulment Proceeding |
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| Under certain circumstances, the non-filing party may assert defenses that are not unique to annulment actions. As with any lawsuit, a defendant may raise the defenses of lack of jurisdiction, improper venue, inappropriate remedy, or lack of notice. More... |
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