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Legal and practical advice Lucille P. Uttermohlen P. O. Box 278 Monticello, IN 47960 (574) 583-6661 |
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The process of divorce isn't that hard. It consists of initiation, the "provisional" or "intirim" period, and the final hearing and divorce decree. Here, the procedure is explained. For more information get your free sample chapter of -- One of the biggest areas of dispute in divorce is how to divide assets (property) and liabilities (debts). Here, we consider the different kinds of property, and the things you should think about when negotiating settlement. Practicing law isn't all fun and games. In fact, it can be a first class pain in the neck. If it wasn't for the humor in it, I'd quit and become a belly dancer. I'll tell you why, and keep you supplied with stories and information about family law. I'll also do you all a big favor and stick to practicing law. |
Make A List Of Your Stuff So You Don't Forget"What about my mother's pitcher? It has sentimental value."I must have looked like someone had dropped me on my head. We were on our way out of the courtroom after a very difficult final hearing. The judge had been unhappy with both lawyers and clients. Nothing sounded so good to me as a cold drink and a hot bath. "Was it on your list?" I brightened. After all, the judge had awarded her the things listed on "Petitioner's Exhibit 1", and it should have included all of the personal property she wanted. "Yes<" she smiled with relief. "It was on the second page." Too many times, people try to remember what personal property they've left at the marital residence without making notes. They are so used to owning some things that it doesn't occur to them that the judge can't award items he doesn't know about. This is why I tell my clients to make a list of what they want for me to give to the court. The judge won't be patient with a blow by blow description of each spoon or bed sheet. However, he will generally accept an itemized list of what you want as an exhibit. Your list is also useful in negotiations. If you can show your spouse what items you want, chances are she will agree to give them to you. Even if she doesn't agree with everything on your list, she will be sure to agree to some, if not most things, and you will have that much less work to do. If you don't have a list, you will have to rely on her good will every time something occurs to you after the decree is entered. Once the divorce is granted, the judge cannot re-open the case just because you forgot to mention your coin collection when property was being divided. While you're at it, list the things you are proposing to leave for your spouse. You won't look selfish if you can show that she is getting a fair share of the stuff. Make sure you don't hog all of the goodies, though. Your spouse and more importantly, the judge will be a lot less cooperative if you are greedy. Another good idea is to take pictures of everything before you leave. If you don't have a digital camera, buy a disposable one at Walmart. Make sure the items you are requesting can be recognized on the film. If you can snap pictures of each thing individually, you'll avoid the confusion of trying to single out a small item in a crowd. What you are trying to show may seem obvious to you, but remember, you are taking the pictures for people who aren't familiar with your property or its condition, and the easier it is to identify, the better chance you'll have of actually receiving it. Finally, you should estimate the worth of the things on your list. You are looking at garage sale or auction value for most stuff. Furniture and appliances lose most of their resale value when you get them home. The price you paid originally may give you some guidance, but unless it is a big ticket item, is fairly new, or for some reason is unusually valuable, the court won't think it is worth as much as you say it is if you estimate too high. One trick that never works is pricing the property you want to keep low and exaggerating the worth of the things you propose to leave your spouse. Courts are not that patient with personal property fights. Dishes, flat wear and linens are not usually that valuable, and a judge won't be happy to waste her time listening to a dispute about them. However, if you weren't able to take these things when you moved out, you could spend a lot of money replacing them. This is why you should make sure you know what you have before you go to court, and also make sure you have a way to tell the judge what you want without wasting his time. |
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Your Pocket Divorce GuideIf you and your spouse don't have children, property or debts, or you are in agreement about the issues you do have, you may choose to get divorced without a lawyer's assistance.Even if you do end up hiring counsel, you should understand the procedure of divorce so that you can participate fully in the management of your case. Your Pocket Divorce Guide will show you what you need to know to understand the divorce process. Go here to learn more and to claim your Free Sample Chapter
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