What should you review in your state to get a sense of how the law is applied in your state
Statutes
What interprets the statures
Case law
What can you do to learn more about the divorce prosess
State and local bar associations…along with legal CE.
Visit the courthouse
Visit local law libraries
Read books on divorce and family law
What is first step once you are hired at the CDFA professional
Advise your client to hire an attorney…give them 3 per parish
What are the three problems with pro se divorce
50% of divorcing client will DIY..but problems are
Taxes
Missed assets
Pensions
What are two types of waiting periods?
Residency and cooling off period…both are 90 days.
Even in no fault divorce…can the fault play a role in the division of property or awarding of custody or awarding of support.
YES
What are the 10 common law marriage states
TX
OK
CO
KS
AL
IO
MT
RI
SC
UT
DC
Why would couples do legal seperation
Religion
Health insurance
Not wishing to divorce
What are the 3 different types of of divorce?
Parties direct the negotiation-Pro Se
Lawyers direct the negotiation
Alternative dispute resolution-MAC
What are two different types of mediation process?
Positioning-propose a solution…then other party makes a counter
Interest based bargaining-starts with each party educating the other about their interest, what they need and why
In a litigated/trial divorce…what is $ and who decides?
5%
Judge
What are the two types of discovery
Informal and formal
What are the 4 types of formal discovery
Depositions
Interrogatories
Documents
Expert opinions
What are 4 types of informal discovery
Financial affidavit
Tax returns
Bank statements and investment statements
W-2
Does a lawyer have to disclose information that is not requested?
NO
What are some grounds for appeal the judges orders?
Error of law
Abuse of discretion
What is the most important resource to create a fair and equitable settlement for couples and families?
Information
What is the 4 step process to courtroom appearance for expert witness?
Assignment
Assumptions
Overview of findings
Backup
What are 4 parts of direct examination?
Voir dire
Direct
Cross
Indirect
What is a court order requesting a person’s appearance to court or a depositino?
Subpoena
