Articles Posted in Discovery

How Do You Identify Emotional Abuse in Your Relationship?

How Do You Identify Emotional Abuse in Your Relationship?

When a spouse is emotionally or physically abusive to their partner, it is vital for the victim to acknowledge the harm they are suffering and seek help. However, that can be difficult to do, especially with emotional abuse, because there are no obvious scars for others to see. That also means those who care about the victim may not even realize there is a problem at home behind closed doors.

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4 Things You Should Never Do During Divorce

What to Do If You Discover Important Information After Finalizing Your Divorce

Divorce is never easy, even when spouses are relatively agreeable with one another and reach the mutual decision to end their marriage. There is almost always some emotional discontent in divorce proceedings, and it can be challenging for some spouses to make calculated practical decisions concerning their divorce. Unfortunately, the emotional stress of the divorce process causes some divorcing spouses to lose sight of their best interests. Many people in this position make critical errors that negatively impact their divorce proceedings and their futures beyond divorce.

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What Will Happen to My Business in Divorce?

What Will Happen to My Business in Divorce?

Divorce can pose significant challenges for the next several years, even the rest of your life. It’s natural to have doubts and worries about how your divorce will unfold, and these concerns can be even more stressful for business owners. However, if you plan to end your marriage soon and own a business, several factors will determine whether your business must be divided between you and your spouse. You may have more options than you realize for effectively handling this situation, and an experienced attorney can help you approach divorce as a business owner with greater confidence.

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What to Do If You Discover Important Information After Finalizing Your Divorce

What to Do If You Discover Important Information After Finalizing Your Divorce

Any divorce has the potential to escalate into a heated legal battle between the divorcing spouses. The emotional stress and tension that divorce can generate can easily encourage a divorcing spouse to feel as though they just need to get through the process as quickly as possible. Unfortunately, the pressure to finalize a divorce as soon as possible can easily cause a spouse to overlook key details of their divorce, ultimately resulting in an imbalanced or materially unfair divorce order. This is especially true when a divorced spouse discovers important information after their divorce has been finalized that should have been considered during their divorce case.

In the event you discover any information that you believe should have been addressed during your divorce, you should prepare for modification proceedings. When new information would have changed the outcome of your divorce, it’s important to bring it to the court’s attention and have your divorce order modified accordingly. It’s also possible to face more serious legal proceedings if you discover that your ex engaged in serious misconduct. Modification proceedings can potentially allow for changes to child support, child custody, and alimony determinations.

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Divorce Mediation Vs. Litigation

Divorce Mediation Vs. Litigation

The divorce process is never an easy experience, even for couples who have reached completely mutual decisions to divorce without any second thoughts. The formal steps required to end a marriage in the California family court system are more stressful and time-consuming than many people realize, and it’s vital to approach this situation armed with valuable information that will help you make informed decisions about your options. One of the most vital considerations you must make is how you should go about handling your divorce. You don’t necessarily need to prepare for a difficult court battle; alternative dispute resolution can potentially offer a more streamlined, less stressful, and ultimately less expensive divorce.

Alternative dispute resolution allows a divorcing couple to avoid the typical stress, expense, and time commitment divorce usually entails. Divorce mediation has quickly become the most popular form of alternative dispute resolution for divorcing couples throughout California, and it’s essential to consider the potential benefits this process may hold for you in your situation. It’s also necessary to understand what the divorce litigation process involves and how mediation can help you avoid much of the litigation divorce usually entails.

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Important Steps to Take Before Filing Your Divorce Petition in California

Important Steps to Take Before Filing Your Divorce Petition in California

The decision to end your marriage is likely to be one of the most impactful decisions you ever make, and it is not one you should make lightly. While it’s vital to take the appropriate time to consider your decision and its potential effects very carefully, it is equally important to consider the potential drawbacks of ending your marriage and the steps required for completing the process.

Many Americans have preconceived notions about divorce that do not entirely align with reality, and many others encounter unforeseen issues with their divorce cases they did not expect and did not know how to handle. Therefore, before you file a divorce petition, consider the following so you can approach this demanding situation with greater confidence.

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Everything to Know About Premarital Agreements

Everything to Know About Premarital Agreements

Marriage is one of the most important decisions an individual will ever make. There are many diverse factors that go into choosing a partner, and they can differ widely depending on the individual. What does not differ, however, is the human drive to protect ourselves in the event that these major decisions fail to work out. That’s why many individuals opt to create a prenuptial agreement before marriage. In doing so, they are protecting themselves from future financial problems.

Prenuptial agreements, also known as prenups or premarital agreements, can be especially beneficial for couples who bring significant assets into the marriage. Prenups are also popular for individuals who have experienced divorce before. However, a prenuptial agreement is not the right decision for everyone. To accurately assess if a prenup is right for you, it’s essential to understand the basics of what a prenuptial agreement entails.

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Know What to Do if Your Spouse Is Lying During Your Divorce

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Experiencing a divorce is one of the most stressful situations many people will face in life. As a result, the divorce process is often a time in which individuals may exhibit behaviors that are not typical for them. The stress each spouse experiences when their relationship ends often brings emotions to a boiling point, and the resulting conflict can bring about situations the former couple never expected.

There are a number of important tasks involved with the divorce process, including determining alimony, deciding who should have custody of the children, identifying who should pay child support, and deciding how to split up debts and assets in a way that is acceptable to both parties. When one spouse begins stretching the truth or blatantly lying to achieve a more beneficial outcome, the divorce process becomes even more complicated. Lying under oath is against the law, and it is crucial to know the consequences of such actions during divorce.

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Acceptable Grounds for Family Court Order Modification in California

Acceptable-Grounds-for-Family-Court-Order-Modification-in-California

Family law is unique in many ways. Perhaps most notably, the family law system offers a more streamlined alternative to the standard appeal process when an individual accountable to a family court order believes the order to be unreasonable or untenable due to recent events. Family law acknowledges that life is unpredictable. Due to the nature of most family court orders, the terms of an order may not be as reasonable in the future as they are at the time they are signed into effect by a judge.

If you have recently experienced any major life events that have materially influenced your standing family court order, the modification process can allow you to make simple changes that reflect the recent changes in your life. This does not mean you can repeatedly pester the court until they modify your family court order to suit your exact preferences. There are certain conditions that must be satisfied if the court is to approve of any proposed modification.

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Mediation vs. Litigation: What Is the Right Path for Me?

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Divorce is never a desired outcome for any marriage. If you and your spouse have decided to get a divorce, there are two main paths to take to separate yourself from each other. Divorce often involves intense negotiations. It can also feel as though the stakes are high, especially when property and finances are involved. When it comes to divorce, some couples make this decision amicably. In other circumstances, the situation may be more complex.

When it comes to your specific divorce, your two main choices are mediation or litigation. What type of divorce depends on what works best for the two parties involved. Both options will determine the best way to divide what assets you have and determine any custody issues or required support. Regardless of whatever path works best, you should be able to reach a mutual decision. You should also be able to determine child custody and support. Either path will also help determine how to separate property, assets, and debts. Understanding the differences between mediation and litigation can help determine which path is ultimately best for you.

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