Archived
If you file for divorce and it is still being litigated for amost a year, are you at any point considered legally seperated?
David's answer
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Answered on January 14, 2015
The only time you are considered "legally separated" is if you have a full-executed Separation Agreement or Stipulation of Settlement specifying...
Archived
Divorce, is it wise to settle everything except for the claims against you for lawyers fees?
David's answer
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Answered on January 14, 2015
One cannot responsibly answer this questions definitively, simply because it takes an assessment of your individual facts. The best way to do that...
Archived
In a divorce settlement, if the spouse waives maintenance but puts the value of the waived maintenance in the child support.
David's answer
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Answered on January 13, 2015
If you have the right language in the agreement, then the parties theoretically can agree to this. Whether they should do so or not would need an...
Archived
Contested divorce, in your experience what percentage of lawyers fees has the more monied spouse paid for the less monied spous
David's answer
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Answered on January 13, 2015
I have seen cases in which the Judge awards 100% of the counsel fees to be paid by the more monied spouse. There is no "average" percentage...
Archived
Contested divorce, when one party believes that they hold all the cards if the case goes to trial.
David's answer
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Answered on January 13, 2015
To answer this question with any degree of precision requires a full assessment of your individual facts. Basically you're asking whether you...
Archived
I hear that you can submit a fraud petition within 4 years of when your divorce is over. Is that four years from the day
David's answer
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Answered on January 13, 2015
If you are alleging fraud in the inducement of an agreement, then you should file to vacate the settlement as soon as the fraud is revealed. The...
Archived
This is a modification of parenting plan issue. At a hearing for temp order the other party brought up the fact that I did not
David's answer
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Answered on January 13, 2015
You'd need to file a motion/petition to modify, explaining your reasons. The quicker you move to modify, the more likely it'll be modified based...
Archived
Contested divorce,cost of trial versed settelment
David's answer
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Answered on January 12, 2015
It's all relative & no attorney on this forum can responsibly answer this with any degree of precision without knowing your individual facts. That...
Archived
My contested divorce case is about to go to trial should i fire my lawyer and represent my self?
David's answer
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Answered on January 12, 2015
"Ye who represents himself has a fool for a client." There's a reason why lawyers go to law school for 3 years and have numerous 1,000-page...
Archived
In a contested divorce, for a proffesional degree what percentage value goes to the other spouse in equitable distrabution?
David's answer
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Answered on January 12, 2015
If your wife made little in the way of direct contributions to enable you to earn the degree, then she'll likely be awarded somewhere in the range...