Separate vs. Marital Property As you investigate the divorce process and talk to attorneys about how property is divided in a divorce case, you’ll likely hear about the various factors the court must consider in dividing the assets.  However, those factors generally only come into play where a case goes to trial and rarely will a court deviate too far afield from a 50/50 division. But a 50/50 division of what?  The marital estate, of course.  And therein lies the problem in most … [Read more...]

When I receive a phone call from someone considering a divorce, I like to spend at least 10 minutes or so on the phone with that person to gather some basic facts, so that I know a bit about that person’s situation before they’re sitting in my conference room for a consultation.   I want that hour or so that we meet to be as productive as possible, without wasting time gathering basic facts or fumbling through financial documents. From a client’s perspective, you want more time getting … [Read more...]