What is a fair settlement for divorce?
What is a fair settlement for divorce?
A fair settlement must identify marital property and separate property. If one spouse owned property or assets prior to the marriage, and those assets haven’t been commingled, that spouse should receive that property in the divorce settlement. An inheritance or gift received by one spouse is also separate property.
How far back does Discovery go in a divorce?
three years
What happens if you hide money in a divorce?
If you or your spouse hide or devalue assets, it will be discovered – either by your lawyer or by your ex-spouse’s lawyer. Since your judge can make virtually any decision s/he wants within the boundaries of California divorce law, your dishonesty or hiding of assets will result in punitive damages.
What happens in divorce discovery?
Discovery is a legal term referring to a fact-finding process that takes place after a divorce action has been filed and before the start of trial. Discovery requires the parties to disclose material facts and documents and allows the parties in the case to prepare for settlement or trial.
Can I withdraw money before divorce?
You can legally withdraw up to half of the money in a joint bank account before the divorce is filed. It is extremely important that this is done before the divorce is filed; otherwise you are violating the law. However, be advised that taking this step without your spouse’s knowledge may make the divorce more hostile.
What are the three types of discovery?
That disclosure is accomplished through a methodical process called “discovery.” Discovery takes three basic forms: written discovery, document production and depositions.
Do cases settle after discovery?
But the usual cases will settle after intensive (and expensive) discovery is concluded, usually a few months before the actual trial, sometimes literally on the steps of the court house or in the first few days of trial if parties are willing to push the settlement envelope as far as they can.
What should I request for discovery?
Discovery includes:
- Request for Production of Documents: You can ask the plaintiff to produce documents that prove what they are claiming: like bills, their ledger and contract with you.
- Request for Interrogatories: You can ask the plaintiff to answer questions in writing about your case and the debt, like.
Can I walk out of a deposition?
You can absolutely walk out, but you must promptly seek a protective order. However, please note that background questions are typically fair game.
What should you not say during a deposition?
No question, no answer. A deposition is not a conversation. In this respect, be on guard when listening to the questions – do not let the examiner put words in your mouth and do not answer a question that includes incorrect facts or statements of which you have no knowledge.
What questions Cannot be asked in a deposition?
Which Questions Shouldn’t I Answer in a Deposition?
- Private information. You have a right to refuse any questions about a person’s health, sexuality, or religious beliefs (including your own).
- Privileged information.
- Irrelevant information.
What should you not say in a deposition?
Things to Avoid During a Deposition
- Never Guess to Answer a Question.
- Avoid Any Absolute Statements.
- Do Not Use Profanity.
- Do Not Provide Additional Information.
- Avoid Making Light of the Situation.
- Never Paraphrase a Conversation.
- Do Not Argue or Act Aggressively.
- Avoid Providing Privileged Information.
Can you refuse to answer a question in a deposition?
In most cases, a deponent cannot refuse to answer a question at a deposition unless the answer would reveal privileged or irrelevant private information or the court previously ordered that the information cannot be revealed (source). However, there are certain types of questions that do not have to be answered.
Can you plead the Fifth in a deposition?
The Fifth Amendment of the United States Constitution and Evidence Code §940 both provide a privilege against self-incrimination. Once a Fifth Amendment privilege is asserted at a deposition, it cannot be waived at trial. …
How do you beat a deposition?
Here are some dos and don’ts to beat a deposition:
- Listen to the question.
- Only answer the question that is asked.
- Ask the questioner to rephrase questions you don’t understand.
- Maintain your composure.
- Don’t interrupt the questioner.
- Stick to truthful answers.
- Don’t use non-verbal communication to answer questions.
Should I take a plea or go to trial?
Having a guilty plea or a no contest plea on the record will look better than having a conviction after a trial. This is partly because the defendant likely will plead guilty or no contest to a lesser level of offense or to fewer offenses.
What is the next step after a deposition hearing?
After a lawsuit is filed, attorneys begin what is known as the discovery phase of the trial. This is where they learn every detail of what happened, who was involved, who said what and who witnessed the events.
How long after a deposition does a case settle?
You should expect at least six weeks for a simple case. However, if anything is contested, it could take longer to reach a settlement if one is reached at all. Negotiations are arguably the most variable stage in a lawsuit, so they often take a long time.
