Going through a divorce is one of the most stressful events in a person’s life – don’t cause yourself additional stress by racking up unnecessary attorney’s fees. Discovery is a part of the divorce process where many litigants “waste” their money. In its most basic form, discovery is used for parties to gain information about each other and to accurately provide facts for the judge for later trial evidence. Discovery is one of the most important steps during the divorce process, but it is also one of the most time-consuming steps for clients and attorneys. Since discovery during a divorce ... Read More
Tag: Discovery
18
Jul2019
11
Apr2019
In the companion blog, “Personal Injury: How Can I Succeed in a Personal Injury case?” we’ve already discussed the elements that a plaintiff, whether pre-suit or after filing a lawsuit, will have to establish in order to be successful in a personal injury claim under Indiana law. In that blog post, specifically, we discussed the legal elements that need to be shown: a duty, a breach of that duty, a causal relationship between the breach and the damages suffered, and damages. However, from a practical standpoint, one may wonder what happens, or what the process is, when they wish to ... Read More
22
Jan2018
When the divorce process is started, the first steps often deal with child issues-custody, parenting time, and child support - if applicable. The next steps then involve finances-living expenses, debt, and bill payments. Sometimes the reverse is the case in order of importance. The following are the top ten documents to have, or have access to, to help move your case forward in most divorce cases:
Bank account and retirement statements: Bank accounts will generally be the places where money is immediately available and are the funds able to be used for current necessities. Be sure to have all passwords ... Read More
07
Sep2017
Once the divorce process is initiated, often times understandably, the parties want to be finished with the process, and each other and move on in life, as quickly as possible. Divorce attorneys sometimes hear the party request a speedy trial. The “Speedy Trial” rule applies to criminal cases. Ultimately, there are several variables that affect how long it takes for the divorce process to be finalized.
Below are three (3) key reasons your divorce may require some patience that is required by the Divorce Act or need to properly divide the marital estate, which may make the divorce well, less speedy:
1. ... Read More
25
May2017
Social media has literally changed the face of the world and how we interact—but nothing compares to Facebook with nearly 2 billion users globally and 210 million users in the United States (most of the population). Instead of real, in-person conversations, many people have substituted Facebooking (and many other social media tools). As you might guess, Facebook has worked its way into courtrooms in two key ways.
First, there is a prolific amount of posts and related material on high-profile crimes and divorce—in some respects this is a new hybrid form of tabloid and serious news reporting. Ultimately, there should be ... Read More
09
Mar2016
In Indiana, there is a 60 day cooling off period for divorce. This sometimes creates the assumption of litigants who want a divorce that it will be completed in that time frame. In almost all cases, that will not occur. This blog explores the four major components that have to occur before obtaining a divorce so you better understand the process.
Many times, the parties think about a divorce but do not file or reconcile or go into counseling after filing a divorce. This is the first component--one party being firmly vested in obtaining a divorce. Filing does start the time ... Read More
18
Mar2014
In litigation, one of the most important means of obtaining information from opposing parties and even third parties is called discovery. Discovery can consist of many forms including written discovery, depositions, and third party discovery. Here are three key components of discovery that can help understand the process.
1) Discovery has limitations
Not every piece of information is discoverable. For example, in a personal injury case, a question about why a person got divorced 10 years ago may not likely be relevant, and the other side may not likely be forced to answer.
2) The other side can object
Much like in a trial setting, the ... Read More
16
May2013
When child custody is at issue, or during a guardianship or defacto case, the physical and mental health of the parties is often of the upmost importance. Understanding the party’s ability to properly care for a child and act in the best interests of a child is an important determination in family law.
But, how does a party determine the physical and mental health of another? Often this is accomplished through the discovery process, and if specific concerns are alleged, the discovery can be specific to those concerns1.
There are several examples of potential concerns that may prompt discovery and evidence of ... Read More
29
Nov2012
Within the proceedings of any legal issue, be it Family Law or otherwise, there are several deadlines. For example, there may be a deadline to file an action, a deadline to file a response, deadlines to file discovery, and deadlines for trial, just to name a few. Often, these deadlines must be strictly followed.
However, in certain circumstances, a continuance may be requested by one or both parties.
Timelines and preliminary dates for hearings and trials are often set early in the litigation to ensure that there is a timeframe to keep the case moving forward. But, as the case moves forward, ... Read More
22
May2012
Having legal problems can affect many aspects of your life. It may be affecting your family and other relationships, your housing, and your finances. Hiring an attorney is often the best way to advocate for your position. However, attorneys are expensive because of the level of training and skill they have to have to run a successful law practice, and they generally charge by the hour, making time an important factor.
And problems that took years to make sometimes take time–a lot of time–to untangle two lives that have been woven together over the years.
So, how can you, as the client, ... Read More
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