As an attorney, my answer is almost always going to be “get it in writing.” While you may have the most amicable divorce in the world, you never know what the future may hold. Contracts fill the gaps left when human trust fails. If this is a one-time, or two-time situation, a verbal agreement might…
DetailsAlimony is a series of monetary payments to an ex-spouse that may be mandated as part of a divorce decree. Paying alimony can be an expensive and painful process—and it is about to get much more painful, thanks to changes to the federal tax code. At present, those paying alimony may deduct the payments on…
DetailsWhen most of us think of divorce, we often fear custody battles, endless legal filings, and costly court proceedings. The process of divorce can seem daunting, and the emotional aspects of a marriage’s dissolution can be painful. But what if there was another way? Another, more collaborative and sometimes less expensive way? There is: mediation.…
DetailsA ‘gray divorce’ refers to a split that happens between an older husband and wife, often after many years of marriage. With more and more couples over fifty, or even over sixty-five, choosing to part ways, the phenomenon has also earned the names, ‘silver splitter’ and ‘diamond divorce.’ While it might be unsettling to think…
DetailsAbsolutely, unequivocally no. While it remains a common belief that courts favor, or are even biased for mothers in custody disputes, this is not the case. The belief stems from past practices and trends in court. When divorce became more common in the 1970s, society, including the judges within it, assumed a gendered division of…
DetailsThe client hired Attorney Heberg as her second lawyer after terminating her first attorney. The case involved substantial cash assets that were in our clients possession, difficult to prove and posed significant tax ramifications for both parties. Unfortunately, the prior attorney had admitted to the existence of the cash savings. While our client was satisfied…
DetailsThe client came to Attorney Heberg after visiting with several attorneys who told her she could not get divorced due to the fact they could not serve her husband, who lived internationally. The husband lived in India and had never been to the United States. Our client had two children, one who was a US…
DetailsOur client sought to enter into a pre-nuptial contract with his prospective wife prior to marriage. He wanted to protect his significant retirement accounts and insure that his pre-marital assets remained such. After drafting the contract, and meeting with his prospective wife, some minor changes were made to the document to account for marital earnings,…
DetailsOur client sought the right to relocate her two minor children to the State of Utah whereby she intended to marry a gentleman she had met online. Our Petition to Relocate was filed subsequent to the parties divorce. Our client was the primary caregiver to the children. The father was active and regular with his…
DetailsYou and your fiancé may be considering a prenuptial agreement, or “prenup” as it has come to be known. If you are considering entering into such a contract, you need to engage an attorney as doing so may not be beneficial to you. Of course, if your intent is to protect pre-marital assets, the contract…
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