how are assets divided in an equitable distribution state?
in an equitable manner, except assets divided by inheritance or gift
which form of alternative dispute resolution (ADR) utilizes a decision maker to make a binding decision for the parties?
arbitration
what does a no-fault divorce allow parties to do?
divorce their spouse without having to prove marital misconduct
used to address issues (i.e., support, custody and sometimes property issues) that come up while the couple is waiting for the divorce to be final–whether that takes 90 days or 5 years
temporary order
a court order requiring a person’s appearance in court, at a deposition as a witness, or to present documents or other evidence for a case
subpoena
a financial affidavit is also called:
financial statement
he key document used to collect the financial data
financial affidavit (sometimes called the financial statement)
the sworn testimony of a witness taken outside of court
deposition
a non-adversarial process in which the spouses are assisted in reaching their own terms of divorce by a neutral third party trained in divorce matters
mediation
does a mediator have the power to enforce or make decisions?
no
what is the impact that “no-fault” divorce laws have had on divorces in the United States?
an increase in divorce
(California 1970 and all other states 1985)
when can a judge’s decision be appealed?
if one of the parties feels there was an abuse of discretion, such as a failure to take into proper consideration the facts and law relating to a particular matter or an arbitrary or unreasonable departure from precedent and settled judicial custom
the testimony of a witness taken out of court under oath and reduced to writing after discovery and prior to trial
deposition
when do depositions occur?
after the close of discovery, prior to the trial
what is the purpose of a deposition?
to provide evidence
when one spouse deliberately misappropriates community property, what action is the court likely to take?
the court may make an unequal division of the community property and assess an additional award to the injured spouse
who qualifies a witness as an expert?
the attorney
a person who helps prepare witnesses, improve arguments and rhetoric, and select juries
trial consultant
a CDFA professional’s work product is never protected by attorney-client privilege when working in which role?
pro-se divorce
Marty has a Universal Life Insurance policy with a death benefit of $100,000 and a cash surrender value of $10,000. Marty also has a 10-year term policy with a death benefit of $100,000. What is the asset value of all of the insurance policies?
$10,000 - the cash value of the insurance policy is the asset value
Sheila was awarded half of her husband’s IRA, which is in a mutual fund. Which document does the IRA trustee require to transfer half of the IRA to Sheila?
a copy of the judgement for divorce
if life insurance insuring the life of the first spouse is transferred to the other spouse pursuant to the divorce, what happens to the proceeds upon the death of the insured?
the death proceeds are non-taxable income to the recipient
how can spousal support be modified?
by returning to court
how many years does the innocent spouse have to apply for relief under the innocent spouse rule
two years after collection activities have begun
