Discovery Blog

18

Dec 2017

Fraudulent Transfers and Property Distribution

The division of property is an issue that is central in any divorce case. Spouses often work for years to help build and contribute to the marital estate. When a marriage ends, the court has to divide up all of the assets and debts. In New Jersey, the court will make a decision on how to divide marital assets and marital debts, and will make an equitable division of the marital estate. Equitable ...

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02

Nov 2017

What Kind of Proof Do I Need for my Divorce?

The majority of divorces now settle before the final hearing. This means that neither spouse will ever have the necessity of presenting witnesses or evidence to a judge. There are distinct advantages to this, as this means a quicker and typically cheaper conclusion to the parties’ divorce. Not all couples are able to come to an agreement, though, and will need to present proof at a final hearing ...

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28

Sep 2017

Kinsella v. Kinsella and Medical Records

In divorce and child custody cases, there can be a wide variety of issues that could involve the medical and psychological history of one or both parties. These issues could include one party’s claim of an inability to work due to a physical disability, or claim by one parent that the other parent is unfit due to mental instability or drug abuse. During a process called discovery, spouses and ...

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19

Jul 2017

Case Information Statement

Every divorce begins with a large amount of paper work. The complaint for divorce is the initial filing that starts the case. After this is filed, it is then necessary to fill out and file a detailed document called a Case Information Statement, or "CIS." The CIS is comprised of several different sections. It is essential that you are as detailed and accurate as possible with this document. ...

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10

Jul 2017

What Kind of Discovery Do I Need?

Discovery is an essential part of most cases, and cases in family law are no exception. Discovery is the process through which you and your lawyer gather evidence. It is also how you can determine the type of evidence and strategies that the other side intends to use at trial. There are many types of discovery that can be used in family law cases, and each type of discovery is designed to achieve ...

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13

Jun 2017

If Your Spouse is Lying About Income on Child Support or Alimony

Divorce or separation means that where two adults were previously sharing the responsibility and burden of paying bills and expenses, now both adults have to rearrange their budgets to stretch to cover all bills and expenses for each individual household. This often creates a financial strain on large budgets or even higher-income households, as the adults must adjust their standards of living and ...

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08

May 2017

When Discovery Requests Go Too Far

Discovery is an essential part of most family law cases. This process comprises many parts. Discovery can be conducted in writing, by way of interrogatories (i.e. questions) or requests for documents, or it could be done in person, by way of depositions. Regardless of the manner, discovery requests can be quite broad. A litigant may ask any question or request any document that is reasonably ...

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15

Feb 2017

MEDICAL RECORDS, MENTAL HEALTH, AND CHILD CUSTODY

All custody decisions are guided by what is in the child’s best interest . “Best interest” is a legal term of art that is comprised of a long list of factors. It is a subjective analysis, and the court will take anything into account that may affect the child’s well-being. If one parent has a history of medical problems or mental illness, this may be taken into account. Mental illness is a broad ...

Posted By Previte Nachlinger

17

Jan 2017

JEWELRY AND OTHER GIFTS GIVEN DURING THE MARRIAGE

Division of marital property is central to most divorces. Most items and property that were acquired by either spouse during the marriage is marital property and the judge will divide it up at the final hearing, if no agreement has been reached. However, separate property will not be divided, but instead, the spouse who owns the particular asset will get to keep the property without giving the ...

Posted By Previte Nachlinger

16

Jan 2017

FINANCIAL DOCUMENTS AND DIVORCE

Documents help provide us with a map of our lives and our marriage. Documents ranging from birth certificates to artwork to car titles all provide a timeline and a history. When getting a divorce, financial documents provide an essential insight into a couple’s income and property. Bank statements are indispensable to the divorce process. Bank statements not only reveal as to the balances of ...

Posted By Previte Nachlinger

13

Jan 2017

PRIVATE INVESTIGATORS IN DIVORCE OR CHILD CUSTODY CASES

Gathering evidence to support your divorce or child custody case is obviously an essential step in any case. Financial documents, social media posts, and medical records are all places we can find evidence to help support our case, as well as testimony from friends and family. In some cases, though, documents and testimony are not sufficient to really support some of the issues in such a case. ...

Posted By Previte Nachlinger

31

Oct 2016

WHAT IS A DEPOSITION AND SHOULD ONE BE DONE IN MY CASE?

Most cases, including divorce and child custody, go through a process referred to as “discovery.” Discovery is how attorneys find out the evidence the other side has, witnesses they intend to call, documents in their possession, and other similar issues. There are many types of discovery, many of which involve written requests for information or documents. Depositions, however, are not just ...

Posted By Previte Nachlinger

16

Aug 2016

RECORD YOUR SPOUSE: IT IS LEGAL AND SAFE

Record your spouse? Is that what the title said? Yes! The best advice that we give our clients, who live with a spouse they are divorcing, is to record any and all interactions you have with them. Protect yourself from allegations that can escalate your legal fees, prolong your divorce and inflect significant emotion anguish. THE LAW. Let’s start with the law. The New Jersey Wiretapping and ...

Posted By Previte Nachlinger

17

Sep 2015

Top Ten Things You Can Do To Get A Fast Divorce

Ever wonder how to speed up the divorce process? Here are the Top 10 things you can do to get a fast divorce: File a complaint – Sometimes it is preferable not to file a complaint right away with the intention of ironing out the terms of a settlement agreement before the court has to get involved. However, if your spouse is dragging his or her feet and won’t play along, you have no choice but to ...

Posted By Previte Nachlinger