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Interrogatories (Requests for Further Information) are often used in the divorce process as written questions dealing with legal or factual contentions. These requests for further information are asked by one of the parties in the divorce, and are required to be answered by the other party. The primary purpose of interrogatories is to bring to light certain matters in the divorce and present the facts to be used in the divorce case in advance.
Most interrogatories are used to obtain backgro... Read Full Story
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A deposition is a generic legal term that refers to written or oral questions.
Written Depositions
In a written deposition, a notice of intent is the document that contains the questions for the deponent to respond to. The deponent is then asked the questions (as well as any cross, redirect, and recross questions) contained in the notice of intent by a stenographer or court reporter. This method of deposition is often used when one party is unable to be present at the hearing and the most c... Read Full Story
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Requet for disclosure is one aspect of the divorce discovery process. The purpose is to “discover” all relevant information about each party in the divorce. In the request for disclosure phase, there is no preparation used for a lengthy inquiry, and no objections in discovering specific categories of information. If one party in the divorce wants the other party to disclose certain information that has not been discivered, they must serve the other party with the following requ... Read Full Story
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The final decree of divorce is one of the last things that happens in the divorce process. It is the court’s formal order that grants the termination of marriage. The signing and dating of the divorce decree may also confirm a judgment in the cases where the divorce goes to trial.
The divorce decree covers many of the same issues as in a separation agreement or divorce settlement agreement. It covers issues such as alimony, child support, child custody, property division, and visitation... Read Full Story
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The original petition for divorce (known as a letter of complaint in some states), is the document that initiates the divorce process when filed with the court clerk. In starting the divorce, the original petition for divorce requests that the courts grant a divorce and also list out everything that the person filing for divorce feels that he or she is due.
The letter of complaint is also used to define all the parties involved in the divorce. This includes both spouses, and any children th... Read Full Story
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A separation agreement is known as a marital separation agreement, property settlement agreement, or just MSA for short. Its primary function is to define the terms of legal separation for both parties. The main guidelines include child support, child custody, child visitation, alimony, and division of assets and debts.
Basically, it outlines all of the guidelines that the couple would define during the actual divorce process. It is often a good idea to get this all out of the way when emotio... Read Full Story
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Bill Murray, star of many of the hit movies such as Caddyshack, Groundhog Day, The Royal Tenenbaums, and The Life Aquatic with Steve Zissou, apparently has quite a lifestyle at home. Jennifer Butler Murray, whom Bill has been married to for ten years, filed for divorce on May 12 in Charleston, South Carolina, where the two have a home.
No irreconcilable differences on this one… She is alleging that he is a sex and drug addict, he abandoned her, cheated on her, and even physically abused... Read Full Story
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A temporary order is a legally binding short term divorce decree that sets forth some guidelines for both parties in a divorce. The temporary order is binding until the divorce court makes its final divorce decree. Here are some of the guidelines that may exist in the order:
- Specify who gets to live in the house (marital residence)
- Who is able to write checks from certain bank accounts (joint, etc…)
- Who is responsible for looking after the children
- Specify if one party is allowe... Read Full Story
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A participation agreement is one of the documents that is used in a collaborative divorce. To refresh from a previous post on what a collaborative divorce is, it is basically a divorce process in which both parties agree not to go to divorce court.
The role of the participation agreement in a collaborative divorce is to set rules and guidelines for how the divorce process is going to work. Although this agreement sets forth the process that does not involve the courts, it is very common to ... Read Full Story
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Family law can be seen as wide area of law that encompasses many different aspects. Anything that is considered a family-related issue and domestic relations falls within the family law umbrella.
Here are just a few areas of family law:
- agreements that deal with the nature of marriage (such as Prenuptial Agreements), domestic partnerships, and civil unions
- any issue that comes about in a marriage. these issues may include adoption, abuse, abduction, legitimacy, and surrogacy
- issues that... Read Full Story
