Everything You Need to Know About Family Law and Divorce
Prenuptial agreements
Although prenuptial agreements can speed up the divorce process, they can also be challenged by either party. The key is to create a deal that is fair for both partners. Moreover, it must clearly state the parties’ intention to deviate from the equitable distribution laws. If the prenuptial agreement is not acceptable, a court may refuse to enforce it.
In addition, it is essential to note that prenuptial contracts must be signed in writing and notarized. The agreement must clearly state all the assets of each spouse. If the parties fail to disclose some help, the prenup will be null and void.
Costs of working with a divorce lawyer
The cost of working with a divorce lawyer varies depending on several factors, including the law firm’s location, the level of experience of the divorce attorney, and the type of billing structure the firm uses. For example, many lawyers charge by the hour, while others offer flat fees that cover all legal work. Regardless of the fee structure, it is essential to understand what you’ll be paying for.
Some attorneys offer a free initial consultation. These consultations are designed to walk you through the divorce process and any legal issues you may face. You’ll have the opportunity to ask about the fee structure and the strengths and weaknesses of the attorney’s work. You can also get a good idea of how the lawyer will help you in your case.
Changes in circumstances after a divorce
If your child or children have moved away from your home or your income has significantly changed, you can seek a change in custody or visitation. You can also ask for a change in child support or alimony payments. However, you must get court permission to modify the terms of the divorce decree. If your ex refuses to agree to a change in your circumstances, you may have difficulty getting support later.
If your circumstances change significantly after your divorce, you can petition the court to change some of the terms of your decree. Sometimes, a judge may consider making permanent changes in child custody and support payments. For example, one spouse may have to take a lower-paying job because of a change in their circumstances. The other party may be unable to pay child support due to financial problems or a change in their health or finances.
Interrogatories
When you need information from your spouse, you can use an interrogatory. An interrogatory is a written questionnaire sent by one party to the other in a divorce case. It consists of the spouse’s answers to a series of questions. If the answers to the questions are inadmissible, then the court may issue a ruling. Interrogatories may ask for financial records, asset information, and other information related to the case. They may also ask for details about the custody and visitation of children, retirement plans, and cohabitation. The answers to interrogatories must be sent within fifteen days of service.
Discovery
Discovery is the process of asking a party to provide documents to support their case. It can take many forms, but the most common ones include discovery requests to admit. The papers submitted to a party can be related to many topics, and the answers must be written under oath. While a party can refuse to answer a discovery request, it is never recommended to do so. Failure to comply with a discovery request can result in penalties imposed by the court.
Discovery can reveal various documents and financial accounts. It can also provide insight into living situations. For example, it may also disclose the documentation of a spouse’s business or tax records. The process can also help a person better understand how their spouse will behave in court. The purpose of discovery is to provide an in-depth understanding of the other party and gain legal access to the information necessary for a fair and equitable decision. In many cases, the process can reveal hidden assets or debts that the other party may have been unaware of.