Divorce : protect yourself, your kids, and your future

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Where to find it

Law Library — 2nd Floor Collection (2nd floor)

Call Number
KF535.Z9 K47 2014
Status
Available

Authors, etc.

Names:

Summary

A divorce may be the most important business and personal transaction that someone will go through in their lifetime. Divorce: Protect Yourself, Your Kids, and Your Future is a user-friendly guide that offers a roadmap to the often confusing and complicated divorce process. In clear, plain English language, author Randy Kessler helps explain the process to laypersons or clients who are unfamiliar with what to expect throughout the course of a divorce case. At the same time, he clears up some of the most common concerns and misconceptions that people have when they begin the process of separation and divorce. This guide helps you be fully prepared at the beginning of this journey, offering an easy-to-understand guide to the overwhelming process of divorce. It explains, step-by-step, the entire process of divorce, including: How to select an attorney The right questions to ask in order to help get the necessary answers Preparing for trial Child custody and child support issues Alimony and division of property What mediation is and how it works And much more Randy Kessler, a nationally known family lawyer who is often called upon by major television networks, newspapers, and magazines to explain and comment on family law cases in the news. This book is the result of more than twenty-five years of practical experience and reflects Randy s passion for explaining divorce in a straightforward manner."

Contents

  • Preface p. xv
  • Introduction p. xvii
  • Chapter 1 The First Step: Find the Right Lawyer p. 1
  • 1 Should I talk to a lawyer? p. 1
  • 2 Is what I tell my lawyer private? p. 2
  • 3 Should I talk to a lawyer to find out if I want to get a divorce? p. 3
  • 4 What kind of person should my divorce lawyer be? p. 4
  • 5 How do I find a divorce lawyer (or family law attorney)? p. 6
  • 6 What if I use a family friend or a general practitioner for an uncontested divorce? p. 7
  • 7 What is an initial consultation? p. 8
  • 8 What questions should I ask myself during the initial consultation? p. 9
  • 9 What documents should I bring to the initial consultation? p. 10
  • 10 Should I create a chronology of my marriage for the initial consultation? p. 12
  • 11 When should I ask about what it all may cost? p. 12
  • 12 How do I know how much is reasonable for my attorney to charge? p. 14
  • Chapter 2 Before You File for Divorce: Preliminary Decisions p. 17
  • 1 Do I need to have a ground for getting a divorce? p. 17
  • 2 What magnitude does adultery have in a divorce proceeding? p. 18
  • 3 What are some other grounds for divorce? p. 19
  • 4 Should I move out of the house and get an apartment? p. 19
  • 5 What is legal separation? p. 21
  • 6 Can I get temporary support for my kids and me during my separation? p. 21
  • 7 Should I keep my plans for divorce secret from my spouse for now? p. 22
  • 8 What are the first documents filed? p. 23
  • Chapter 3 The Pretrial Stage: Discovery and the Deposition p. 25
  • 1 What is discovery? p. 26
  • 2 Why should I voluntarily disclose information? p. 26
  • 3 What is an interrogatory? p. 27
  • 4 What is a request for production of documents? p. 28
  • 5 What is a request for admissions? p. 28
  • 6 What is a deposition? p. 29
  • 7 What could the opposing attorney ask me in a deposition? p. 29
  • 8 What will a deposition do for my case? p. 32
  • 9 Who pays for the court reporter? How much does this service cost? p. 34
  • 10 How should I prepare for the deposition? p. 35
  • 11 What happens if I do not settle my case after the deposition? p. 35
  • Chapter 4 Mediation: Reaching an Amicable Settlement Without a Judge p. 37
  • 1 What is mediation? p. 37
  • 2 Is a judge better prepared to resolve my dispute? p. 38
  • 3 What type of provisions can I have in a settlement agreement? p. 39
  • 4 Will the court address religion or determine in which religion my children will be raised? p. 39
  • 5 Who can be a mediator, and what do mediators do? p. 40
  • 6 How much does it cost? p. 41
  • 7 Do some divorce lawyers specialize in mediation? p. 42
  • 8 What does the mediation process look like as opposed to going to trial? p. 42
  • 9 Can a judge order you to go into mediation? p. 44
  • 10 What are some disadvantages to mediation? p. 44
  • 11 What if my spouse and I are deadlocked and cannot agree on a settlement? p. 45
  • 12 Where does mediation take place? p. 46
  • 13 Can a judge change my mediated agreement? p. 46
  • 14 What if my spouse has already told me mediation is a lost cause? p. 48
  • 15 What is "collaborative law"? p. 49
  • Chapter 5 The Trial: The Last Resort p. 51
  • 1 What is the truth about divorce trials? p. 51
  • 2 How much does going to trial cost? p. 52
  • 3 At the outset of my representation, should I ask my lawyer about the possibility of a trial? p. 53
  • 4 Is the trial before a jury or just a judge? p. 54
  • 5 How long does it take to get to trial? p. 54
  • 6 Is it common to call a large number of witnesses? p. 55
  • 7 Do expert witnesses get paid for their services? p. 56
  • 8 Should relatives and friends testify on my behalf? p. 56
  • Chapter 6 Issues Related to Child Custody p. 59
  • 1 What is custody? p. 59
  • 2 What is physical custody? p. 60
  • 3 What is joint custody? p. 61
  • 4 What is legal custody? p. 61
  • 5 Can my spouse and I agree about custody without a lawyer? p. 63
  • 6 What should I do if my spouse and I have agreed on custody? p. 64
  • 7 When are custody issues usually decided? p. 64
  • 8 How is custody decided in a courtroom? p. 65
  • 9 What is the lawyer's role in litigating custody disputes? p. 65
  • 10 What is a guardian ad litem? p. 66
  • 11 What is the judge's role in litigating custody disputes? p. 67
  • 12 Is there a presumption that one parent is better than the other? p. 68
  • 13 Do wealthier parents usually win custody? p. 68
  • 14 How should I behave in front of the judge? p. 69
  • 15 Is it common to seek counseling or psychiatric help during a custody case? p. 70
  • 16 Is a psychological or custody evaluation necessary? p. 71
  • 17 Is there such a thing as a standard custody arrangement? p. 71
  • 18 Can we modify our custody agreement after the trial? p. 73
  • 19 What happens if my spouse or I want to relocate? p. 73
  • 20 What are the standards used by judges in a change-of-custody or post divorce custody case? p. 74
  • 21 Is a change in custody worth it? p. 75
  • 22 Can remarriage affect my custody agreement enough that my ex-spouse can seek a modification? p. 76
  • 23 Can a child tell the judge what he or she wants? p. 76
  • 24 What if one of the parents violates the custody agreement? p. 77
  • 25 When do you go to court over violations of the agreement? p. 78
  • 26 What if one spouse is from a different country and wants to take the children there? p. 79
  • Chapter 7 Child Support p. 81
  • 1 What is child support? p. 81
  • 2 Who must pay child support? p. 82
  • 3 How do courts determine how much a parent must pay in child support? p. 83
  • 4 What constitutes income for purposes of child support? p. 83
  • 5 Is it true that men always pay child support? p. 84
  • 6 When does child support end? p. 85
  • 7 Should I be aware of any tax implications? p. 86
  • 8 Can I modify a child support obligation? p. 87
  • 9 What constitutes a substantial change in financial circumstances? p. 87
  • 10 If I file for bankruptcy, will my back child support obligations be discharged? p. 89
  • Chapter 8 Alimony p. 91
  • 1 Is there a difference between alimony, spousal support, and maintenance? p. 91
  • 2 What is alimony? p. 92
  • 3 How does the court determine the amount of alimony someone must pay and the duration? p. 93
  • 4 Can infidelity affect my right to alimony? p. 94
  • 5 Will moving in with my new boyfriend/girlfriend or remarrying affect my alimony award? p. 95
  • 6 What is the difference between periodic alimony and lump sum alimony? p. 96
  • 7 Can my child support obligation or our division-of-property agreement be rolled into my alimony payment? p. 97
  • 8 Prior to marriage and/or divorce, can my spouse and I contract away our right to alimony in the event we get divorced? What is a prenuptial agreement? p. 97
  • Chapter 9 Division of Property: Who Gets What and Why? p. 99
  • 1 What property is subject to division? p. 100
  • 2 What factors will the judge use to equitably divide my marital estate? p. 101
  • 3 Will infidelity affect my share of divided property? p. 102
  • 4 What happens if one spouse is spending a lot of money prior to the divorce being final? p. 102
  • 5 What other factors may the judge consider in court? p. 103
  • 6 How will the court treat comingled property in marital property states? p. 104
  • 7 What effect does a prenuptial agreement have on division of property? p. 105
  • 8 How are items other than property, such as items that were purchased together on a honeymoon, divided? p. 105
  • 9 How is custody of pets usually decided? p. 106
  • 10 What problems might I encounter when executing the court-ordered division of property and other issues? p. 107
  • Conclusion p. 109
  • Acknowledgments p. 111
  • Appendix A Suggested Information Contained in a Domestic Relations Financial Affidavit p. 113
  • Appendix B Key Issues in Separation or Divorce Agreements p. 117
  • Appendix C The Parenting Plan p. 125
  • Index p. 129

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