When a person chooses not to use an attorney, the divorce is called:
pro se divorce
Approximately ___% of parties in divorce proceedings do not hire an attorney
50%
What are the 3 main issues with a pro se divorce?
- Income taxes
- Missed assets
- Pensions
A divorce that classifies a marriage as “irretrievably broken” with no chance for reconciliation
no-fault divorce
What are the 2 types of waiting periods associated with divorce?
- Residency
- Cooling off period
The minimum time it takes to complete a divorce once the complaint is filed
the cooling off period
What is the typical length of a residency period in divorce?
90 days
The average divorce takes how long to settle?
about 1 year
What is one reason a couple may go through legal separation rather than divorce?
if one spouse is uninsurable, they will want to remain legally married. COBRA allows ex-spouses to retain health insurance 3 years after divorce is final
Which state does not recognize legal separations?
Texas
Does it take a divorce to end a common-law marriage?
yes
What is positional bargaining?
it starts with the solution, then the other party makes a counter offer. more counter offers are made until a resolution is found
What is interest-based bargaining?
it starts with each party educating the other about their interests. i.e. “I need this because this is what it will do for me”
In mediation, the power of decision making lies with:
the two parties (the divorcing couple makes the decisions)
In arbitration, the power of decision making lies with:
the arbitrator
When is arbitration a good solution?
when both parties disagree and can’t move past their deadlock, but are still willing to accept a third party’s resolution of their issue(s) as binding
Are you allowed to go to court in a collaborative divorce?
no
What happens if there’s a threat of court in a collaborative divorce?
the collaborative divorce process terminates and both lawyers are disqualified from any further involvement in the case
Only about __% of divorce cases make it to trial
5%
The process of gathering information about the nature, scope, and credibility of the opposing party’s claim
discovery
The sworn testimony of a witness taken outside of a court in the presence of lawyers for each side
deposition
A series of written questions submitted to the other party
interrogatories
A discretionary legal standard used by judges when making decisions about custody, visitation, and support for a child when the parents are divorcing
best interest of the child
An agreement between 2 or more persons where one of the parties brings false charges against the other (is illegal)
collusion
