There is a common misunderstanding that divorce lawyers should be consulted after a nasty fight where “divorce” gets thrown around. Monday mornings are the busiest phone days for our office because weekends are usually when couples have the opportunity to fight.
Every month, I receive many calls from prospective clients who ask me, “Is divorce the right decision for me?”
As a divorce lawyer and mediator, I can’t answer that question. Divorce is a life change.
People can dismiss their divorce cases. It’s happened to me. If both sides agree, a Request for Dismissal will be filed, and granted.
If you wish to refile, then you start all over. The only issue would be the Date of Separation.
See my commentary here.
Not sure if you’ve heard, but Kelly Rutherford’s having some battles with a lot of courts. And it all comes down to Jurisdiction. Her case isn’t about getting “bad orders” (except for the first one), as it is about Courts not having any power to modify it to her desire.
Jurisdiction is a BEAST. If you are facing these issues, make sure you speak with a Family Law expert.
I appear on Legal Talk Network this week to discuss Jurisdiction and Rutherford.
There are only 9 community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. ALASKA allows you to opt into community property. (both spouses have to agree).
In these states, without a prenuptial agreement, all property acquired after the marriage and before the date of separation, is COMMUNITY property, and subject to division at divorce.
Anyway, everyone knows the Sterling’s marital problems. He cheats on her. A lot. They are estranged. She even went so far to sue his mistress to return the property he gave away!