OUR BLOG
Welcome to the Koenig|Dunne blog. We have three different blog series for you to find inspiration and encouragement as you go on this journey:
- Doing Divorce, A thoughtful discussion about divorce: Angela Dunne provides practical advice based on real examples of what she and her clients have faced through the transition of divorce.
- Divorce Made Simple: Our attorneys breakdown the divorce process in a way that is easy to understand.
- Money Matters: Patrick Patino provides a fresh, insightful approach to discussing everyday finances by delving into the financial topics of everyday life.
- NEXT: An Empowerment Series: Attorney and life coach Susan Koenig guides, supports, and inspires you on the journey of creating a life you love.
If you’re struggling financially, you may be wondering not only if filing bankruptcy is a good option for you and your family, but how you will know when the time is right to seriously consider it.
The American Bankruptcy Institute has provided a useful bankruptcy checklist for consumers and recommends that if three or more of these factors apply to you, you might consider bankruptcy:
- You have had your paycheck or your bank account garnished.
- The majority of your debt is unsecured debt ‐credit card bills, medical bills, etc.
- The amount you owe creditors – beyond your house and car payments – is more than you could pay off in five years.
- You are getting calls from collection agencies.
- You have more than one bill that is more than one month past due.
- You have had lawsuits filed against you by creditors.
- A large portion of your debt includes medical bills that your insurance does not cover.
- Your income taxes have not been paid.
- You do not have many assets.
- You have no – or very little – savings.
- You have had a car or other property repossessed.
- Your home is currently threatened by foreclosure.
There are many misconceptions about the bankruptcy, but the reality is, there are many benefits to filing for bankruptcy, including that you can potentially:
- Stop foreclosure of your home.
- Stop creditors from contacting you.
- Wipe out medical debt.
- Wipe out credit card and other consumer debt.
- Get back a vehicle that has been repossessed.
- Immediately stop wage garnishment.
- Reduce tax debt.
- Even wipe out a second mortgage.
Determining out whether to file bankruptcy can be overwhelming. Contact Koenig│Dunne today and schedule your free consultation with one of our experienced bankruptcy attorneys.
If you endured a high-conflict marriage and a high-conflict divorce, chances are you will be facing many of the same challenges when it comes to co-parenting with your ex. Here are some tips on how to successfully co-parent with a high-conflict ex:
Control your reactions. Ongoing conflict between two people is pretty much a product of habit. To keep peace in your co-parented family, you need to break this habit. First, realize you only have control over you, so work on your communication skills by remembering to take the high road, no matter how nasty your ex may get on email, the phone, or in person. It takes two to tango, so if you simply refuse to engage, that will de-escalate any conflict quickly.
Realize you cannot change your ex. No matter how much you may want to, you cannot change another person. This is probably why you got divorced, yes? You wanted them to be X, and they were always Y. Stop trying to control your ex and work on controlling your reaction to their choices or actions instead.
Set and keep boundaries. People who have high-conflict personalities love to push other people’s buttons, usually by running over any boundaries they have established. Some people just love to create drama and leave the emotional mess for others to clean up. To keep your sanity, you need to disengage from a person like this as much as possible. Don’t feed their drama with your own volatile reaction. Don’t reply to every text or email that minute; wait until you are in control of your emotions and either respond rationally if a response is called for, or don’t respond at all. Don’t try to get your ex to see it your way; you’re wasting your breath. And if your ex has violated a court order, don’t go after him or her yourself; let your attorney handle it.
Model good behavior for your children. Children are a lot smarter than most parents give them credit for, and can usually sort out for themselves which parent is the more stable influence. That’s the parent you want to be. High-conflict personalities will probably try to plant seeds of doubt with children, but you can help them understand better by not reacting to any personal insult by your ex and instead tell them, “When Mommy says bad things about me, just realize that she is feeling angry. But feelings are not facts, so if you have any questions about me, please ask me.” Also let them know it is OK for them to ask either parent to stop talking badly about the other parent.
Your legal team at Koenig|Dunne understands the nuances and complexities of co-parenting, and we are here to help guide you through the process.

Sophia wanted her turn. We sat at the dinner table going through our days and she was anxious to share. It was a 7th grade drama – a mild version of mean girls. Sophia set the scene. “We were playing a trick on Josie and hiding her book. I don’t know why. It’s just a thing. So I told her I had her book. I didn’t. So I don’t know why I said it, but that’s what I told her.” I could see the snowball forming as she moved through her story.
“Sophia, you are too dumb to have my book,” Josie replied. Then out of nowhere from across the table, Mary piped up. “Yeah Sophia, you are too little and just stupid.” I could still see the remnants of the sting on Sophia’s face as she repeated the words.
“Mom, Mary wasn’t even a part of it. So I said ‘Well, Mary that was really rude.’ Then Mary said ‘Well I am a rude person so get used to it.’”
If you asked me to describe Mary in all of my personal interactions with her I would describe her as quiet, shy, really really smart, and sweet. So this came as a surprise to me.
Sophia continued. “Then about two minutes later, Mary asked if it would help if she said she was sorry. I said not really. Because Mom, it was so rude.” She was still suffering under her indignation. “Then in religion class, we were doing a prayer and we always say names of people we want to pray for, like grandparents and sick people and stuff. Mary said my name! In front of the whole class! Then at play practice she was crying to her brother because she was mean to me.”
I sighed and replied “Poor Mary.”
“What?!?!” Sophia was shocked. “Why poor Mary?”
I acknowledged to Sophia that of course it was rude, and that Sophia had every reason to have hurt feelings. But Mary had realized immediately that she was wrong. She was not a rude person and the disconnect from her integrity came out immediately as she tried to remedy this with Sophia.
I told Sophia how just 5 days before, an attorney 15 years my junior – in front of a room full of people – told me I was unbearable and that I didn’t know how to prepare for a case. I said if that attorney had called me today to apologize for her poor behavior and rude comments, I would gladly accept her apology.
Why?
Because every human has been caught in a moment when a war of words come out of their mouth and then felt the instant raw regret. I see this near daily when listening to my distressed clients navigating divorce and lashing out at their soon-to-be-former spouses.
If only we all kept our innate and inner gut check intact from childhood the way Mary had. If only we didn’t let our justifying brains get in the way to continue conflict. If only we didn’t have to be right and wrong.
Mary’s vulnerability is a lesson and model for us all. Sophia is going to school today to thank Mary for her apology from yesterday. I look forward to the next dinner time story of mean girls turned more wise girls.
*Names have been changed to protect identities.
Unlike some states, Nebraska family courts do not use specific alimony calculators to determine spousal support in a divorce. Instead, the Court will weigh several factors, including:
- The duration of the marriage
- The current financial resources of each spouse
- The contribution of each spouse to the marriage (child care and education, home maintenance, etc.)
- The ability of each spouse to be gainfully employed
Whether your divorce is headed for a courtroom or mediation, here are some tips on how to effectively negotiate alimony:
Consider your budget. Before you determine the alimony amount you think you need — or believe you are entitled to — you first need to have a firm grasp on all your post-divorce budget. It is not unusual for one spouse to want to remain in the family home while the other spouse wants to sell and split and proceeds. If you want to keep your house, you need to consider whether or not that will be financially practical for you. Before determining the amount of alimony you want to request, you will need to consider the size of your monthly mortgage, and the other monthly expenses you will have after the divorce is finalized.
Consider taxes. The Tax Cuts and Jobs Act passed in late 2017 stipulates that for all divorce agreements entered into after Dec. 31, 2018, an ex-spouse who receives alimony will no longer have to declare it as income and pay taxes on it. The ex-spouse paying alimony will no longer be able to deduct it from his or her federal income taxes. In short, this change in the federal tax law effectively shifts the tax burden of alimony from the recipient to the payer. If you are the spouse who will be paying alimony, you will need to take this new tax change into consideration and should talk over the ramifications with your financial advisor.
Consider the legal intent of alimony. Permanent alimony is rare today; instead, the courts view alimony as a temporary means of support to help one spouse transition to a new life independent of an ex-spouse. Alimony is not meant to penalize bad behavior by one spouse nor is it awarded in order to equalize incomes between two spouses.
Regardless of whether you’re the payor or the recipient, talk with your Koenig│Dunne family law attorneys to decide the best way to protect your interests.
My stomach and heart clenched up when I received my daughter’s message. “Dad is going to drop us off at the mall while he runs an errand.” My children were 6th and 4th graders at the time.
“He what????” I wanted to reply. But I didn’t. First I fumed for a full two minutes. Then I surveyed my options:
- I could coincidentally be at that very mall at the exact same time my girls were wandering amidst a crowd of predator strangers;
- I could call and tell him exactly what I thought of that plan and threaten to take him back to court;
- I could call him and offer to watch the girls while he ran his errand. OR…
- I could do nothing and let him make his own parenting choice (and God help him if my girls died as a result of it…).
My co-parent and I share joint custody. Oftentimes parents think this means that all decisions must be joint decisions. This isn’t so. Legal custody is limited to major decision making primarily related to healthcare, education, and religion. Leaving the girls unattended at the mall did not fall into any of these categories.
Neither do any of the following examples I hear from distressed parents:
“My former spouse got my nine year old a phone? Can he do that?”
“My ex-wife let the children stay home alone and they are 11 and 9. Can she do that?”
“She let our 17 year old get a tattoo! Can she do that?”
“He feeds them Mac and Cheese for EVERY meal! Can he do that?”
The short answer to all of the questions is “yes.” Parents have a right to make parenting decisions and choices during their parenting time. But herein lies one of the single most difficult parts of co-parenting. What do you when you do not agree with a decision made during the other parent’s time?
Parents disagree with each other all of the time. Married, unmarried, or divorced – parenting conflict is normal. However, while married, parents still maintain a level of trust between each other. They do not doubt the other parent’s motives as being retaliatory or to make a point. They presume good intentions. When parents are together and still “have each other’s backs” the decisions a parent makes on behalf of his or her child is not taken personally.
When co-parenting in separate households and faced with a strong resistance, opinion, or judgment about the other parent’s decision, we are prone to taking it personally. We think the other parent is doing it on purpose to make us mad. Or get back at us for a decision they disagreed with on a prior occasion. Maybe they are doing it to become the favored parent (!). Or even worse, they made the decision to satisfy their new partner (double!).
Assessing how you show up when you are taking a decision made by your co-parent personally is the first step. Are you angry? Resentful? Afraid? Indignant? Consider whether you want to voice an opinion while you are in the depths of your reaction emotion.
We will continue to look at these important distinctions and hard emotions that surface in the gray non-legal area of decision-making while co-parenting in the series ahead.
Angela Dunne is a divorced mother of two and the managing partner at Koenig|Dunne. Throughout her nearly 20 year career as a divorce attorney Angela has received many honors and distinctions, including being named a fellow of the American Academy of Matrimonial Lawyers. She has enjoyed success in and out of the courtroom and finds fulfillment in being a source of support when life changes in big ways for her clients. By the end of 2011 Angela’s own divorce was final and as a result, she began writing Doing Divorce: A Thoughtful Discussion About Divorce exploring all the motions and lessons that come with a divorce, especially ones that involve children. In 2018, Angela authored Patched Up Parenting: A Guide to Co-Parenting which was born out of this very blog and the stories told about her own co-parenting journey after divorce.

It is estimated that one-third of American children live in a single-parent household, and single parents are well advised to create an estate plan that provides protection for their children. Having an estate plan can also provide you with welcome peace of mind. Here are the elements of an estate plan designed to help you protect your children:
Will. A Will is a legal document that details your wishes for how your assets should be distributed after you die and designates a guardian for minor children. If you die without one, a Nebraska probate court will make those decisions for you.
Revocable Living Trust. Since minor children cannot conduct business in their own names, they are precluded from inheriting money, property, stocks and other assets directly. Setting up a revocable living trust enables you to specify the age at which you want your children to receive their inheritance, allowing you to make decisions according to each individual child’s needs and circumstances. Creating a revocable living trust for minor children also protects the inheritance from creditors and even divorce.
Durable Power of Attorney. This provides a person of your choosing with the legal power to handle your finances should you be unable to do so. Powers of attorney can become effective immediately or through a triggering event like a sudden illness or incapacity.
Advance Medical Directive. This document provides the legal right for the person of your choice (your representative) to make healthcare decisions for you in case you become incapacitated and unable to make those decisions for yourself.
Beneficiary Forms. If you are the owner of a qualified plan – an IRA, 401(k), annuity, life insurance policy or another plan that qualifies for income tax benefits – then you need to name a beneficiary for each of these financial plans. If you fail to do so, the assets in each plan will be distributed according to the rules established by the financial institution that regulates the plan. If you leave qualified plan assets to a beneficiary who is a minor and don’t name a guardian, those assets will be managed by a guardian appointed by the court – someone you may not necessarily want to be performing this duty or who may not follow your wishes.
Your legal team at Koenig|Dunne is here to answer your questions about protecting your children and to advocate for your rights .
Divorce can not only be emotionally draining; there are times when it can be downright embarrassing. There may be some circumstances you experience that you wouldn’t even tell your best friend about. However, there is someone you should tell: your attorney.
Here are five pieces of sensitive information you should definitely share with your divorce lawyer:
You had an affair.
Infidelity is one of the most common reasons why couples split, and if there has been infidelity in your marriage, you need to let your attorney know so he or she is not put at a disadvantage when defending your case. In Nebraska, the court will not hear evidence of infidelity unless it has had a direct and negative effect impact on the children. . A court also has the ability to evaluate whether a cheating spouse depleting marital funds by extravagant spending on a lover, is a reason to award additional marital assets to the non-cheating spouse to compensate him or her for the imbalance.
Cheating does not generally affect child custody unless there are extenuating circumstances — for example, if the cheating spouse’s lover is a sex offender or addict. In these cases, visitation may be restricted so as to not expose the children to an objectionable person.
You got an STD.
If you think your spouse has given you a sexually transmitted disease (STD), you need to disclose this information to your lawyer, as you may be able to be financially compensated for medical bills, pain and suffering, emotional distress, etc.
There was domestic abuse.
Your attorney definitely needs to know if you have been in an abusive relationship so they can help protect you during the divorce and, if necessary, obtain a restraining order against your spouse. Safety planning will also be another important discussion to have with your lawyer as a result.
Project Harmony has been involved with your family.
If Health and Humans Services has investigated your family for the potential abuse or neglect of a child, your attorney needs this information. Even if the complaint was years ago, you still need to disclose it to your lawyer. You do not want the court to assume you are trying to hide this, especially if custody or support is an issue in your divorce.
You hid assets or debts.
It is not unusual for spouses who are divorcing to try to hide assets, but it is always a bad idea. These things are usually found out during the discovery process, and it is incredibly damaging to your credibility if your spouse’s attorney turns up evidence of hidden assets, property or debt. If you lie about it under oath, you could be charged with perjury. If your spouse has to spend money on forensic experts and additional legal fees to uncover your deception, you could be on the hook for those costs as well as court sanctions.
For over 40 years, your legal team at Koenig|Dunne has counseled clients in thousands of initial consultations, and we are here to ensure that your initial consultation provides meaningful answers to the questions that matter the most to you.
I thought it was a misprint. 14 children. I reread it. My logical mind struggled. I convinced myself “that must include grandchildren.” I was reading the obituary of a beloved Saint Cecilia Elementary teacher – Mrs. Margaret Swanson. She taught both of my daughters in their first grade years.
Mrs. Swanson perfectly struck the near impossible balance of being both strict and sweet. She cherished her first graders and I have no doubt loved them wholeheartedly. I recall her showing extra patience with my spunky Sophia.
It was during Sophia’s year that Mrs. Swanson received her cancer diagnosis. That would be her 41st and last year teaching.
I learned after her funeral that she did have 14 children… and 28 grandchildren… and 23 great-grandchildren. Her husband brought 12 from former marriages and they had 2 as a result of their marriage – his last marriage of 33 years. One of her stepdaughters revealed that Mrs. Swanson always treated all of the children as her own – never wavering in her love and support of each of her children.
My reaction was mixed.
I instantly admired this woman even more upon learning this detail of her life. No doubt we have seen the hearts of teachers. Not only those working with our own children, but too often as of late we are seeing teachers love their students so much that they use their bodies to shield their students during school shootings. Teachers show us everyday the endless capacity to love. And we never doubt it. In fact, we want it.
I then felt shame wash over me. How many times have I succumbed to the judgments held by my clients about a stepparent? How many times have I scrutinized the relationship between my daughters and their stepmom? How many times have stepparents not received the benefit of the doubt and are treated differently?
I know without hesitation what the worry is for parents about stepparents. We worry that a stepparent will reduce the love our children have for us. Yet I know from experience that I launch my daughters into school every year hoping that their teachers love them. I hope they are loved by their friends and mine.
But fear of too much loves makes us draw an invisible line.
Oh, Mrs. Swanson. If only you knew now the rich and valuable lesson you have taught me. Thank you for your example. Thank you for your unwavering and oceanic sized heart. You have taught me well.
- Chapter 7 bankruptcy will ruin my credit for 7 years
It is true that the bankruptcy is reported for up to 7 years after you file your bankruptcy. However, it does not negatively affect you for that long. At the end of your Chapter 7 bankruptcy, you will be debt free (with some exceptions like student loans), which positively impacts your credit. I’ve had clients finance car and home purchases without issue after their Chapter 7 bankruptcy cases.
- I’m going to lose my house and car
This almost never occurs in a Chapter 7 bankruptcy. In Nebraska, you can protect and keep your home in a Chapter 7 bankruptcy as long as you are current on payments when you file and your home has $60,000 or less in equity.
As for your car, you can retain and keep it, if you’re current on payments and your vehicle has less than $10,000 in equity. This is because in Nebraska, you can use the vehicle exemption, which is $5000, and the wild card exemption, which is $5,000, to protect one vehicle. For a couple filing the Chapter 7 bankruptcy jointly, those amounts can be doubled.
- Filing bankruptcy is only for people that are behind on making payments
You don’t have to be behind to file Chapter 7 bankruptcy. Actually, the best time to look into whether to file is prior to or soon after defaulting on payments.
Example: Your monthly minimum payments are $1000. You were able to keep up with the payments until your former girlfriend decided she was going to move out. With less income coming into your household, you won’t be able to make next month’s credit card payments.
- I make too much money to file Chapter 7 bankruptcy
The bankruptcy law includes something called the Means Test, which takes an average of your monthly income for the last six (6) months from all sources (excluding Social Security income), annualizes it (multiplies by 12), and compares it to the median income for your household size. If you’re below the median, you are good to go with a Chapter 7 bankruptcy. If you are above median, you usually are not. However, the Means Test has a 2nd step if you’re above median income that takes into account qualified and allowed expenses (i.e. child support payments, taxes, child care, etc.). Sometimes you may still qualify for a Chapter 7 bankruptcy after this 2nd step even though initially your income was “too high”.
- If I file, my spouse has to file bankruptcy with me
You are allowed to file a Chapter 7 bankruptcy without your spouse. Sometimes this makes a lot of sense. Two common scenarios are when your debt was incurred prior to marriage or you have business-related debt that is only in your name. If you are married and decide to file Chapter 7 bankruptcy without your spouse, you may still have to provide your spouse’s income and assets. However, your spouse’s identifying information, such as Social Security number and name do not have to be disclosed.
There is a lot of misinformation and fear on the internet regarding Chapter 7 bankruptcy, much of which is false and keeps people from using a viable solution to address their debts and move forward.
Figuring out whether to file Chapter 7 bankruptcy can be overwhelming. Contact Koenig│Dunne today and schedule your free consultation with one of our experienced bankruptcy attorneys.
My Christmas tree died a week before Christmas. The branches were weighed down to the floor in a giant 8-foot droop. The star on top tilted to the left along with the sagging sapless branches. I should have known it was a sign. I should have known it would contribute to the sadness that would settle down over my usually happy holiday home.
My daughters left my home the morning of December 19th and didn’t return until the late evening of December 26th. It was my first attempt in 14 years at not being with my children on either December 24th or December 25th.
This was my 8th Christmas as divorced mom. Surely I was a pro by now at readjusting holiday expectations and schedules to accommodate a divided family. I had several times already experienced the truth that holidays and birthdays can be celebrated with just as much joy on any day you decide. I am not sure why this time was so different.
I tried my normal tricks. First, I planned our traditional Christmas Eve for December 26th and told my teenage daughters that Santa was trapped in a snowstorm and he wouldn’t be able to get to our house until the morning of December 27th. Next, I made sure I had a project slotted into the time I would be spending alone on Christmas to keep me busy and distracted. Lastly, I was keeping a daily gratitude log to remind myself of what I love about the holidays to keep my focus positive.
Christmas Eve day (normally my favorite day of the year) I woke up with a dark cloud above my head that refused to retreat. By 10 a.m. I had two good cries under my belt. I couldn’t snap out of it and that just made me feel worse. I felt like a failure.
Then a thought crept in. What if this was okay? What if I gave myself permission to be sad? What if I was gentle with myself and permitted my heartache to take over on a Christmas without my girls? What if I wasn’t Super Divorce Mom today and it was just going to be hard and sad? What if fudge was going to be my breakfast and pajamas were going to be my outfit for the day?
This reminder to myself that I was human was a relief. I felt my energy stir. I shed a few more tears before smiling at myself. This did suck and it was okay. I called my mom (my go-to) and we readily made plans to go to a movie to get me out of the house.
I made it. The twenty-four hours came and went. Followed thereafter by the heart-bursting, joy-filled reunion with my daughters forty-eight hours later. As hard as the non-holiday was, I needed the reminder that I am human and that my divorce experience will continue to have highs and lows. In digging into the low, I found it made the high all the more wonderful.
I didn’t want to think about it. Let alone talk about it. Worse even to write about it. All of those actions would make it more real. Several weeks ago, I reluctantly agreed that my former spouse could take our daughters on a trip over the holiday. The rub is that they will be gone from December 22 through the morning of December 26th. I will miss all of Christmas with them. A first.
I have preached more times than I can count that holidays are “just days” and can be re-created on a different day. I have advised repeatedly that parents should give a little and be flexible. I have tried to be an example even when my own heart was resistant.
This one hurts. My daughters are distressed and feel placed in the middle. Their dad gave them a choice to go on the trip or stay home. It is an impossible one. They want to spend time with both their parents over Christmas Eve and Christmas. They want to adhere to their traditions and see their extended families. My daughters and I have all felt the pang in the days leading up to their departure.
In the face of this difficult decision, I immediately rallied my family. It is what I am best at. I sprung into action to refocus us from what we won’t have to what we could have. Christmas would be December 26th. Santa will be trapped in a snowstorm and be delayed by a day. Then I planned a New Year’s getaway with my entire family, with the girls bringing friends, to give us a focus for our special time together. What else says family like a road trip to Missouri?
I learned last week that the girls would not be returning until close to 8 p.m. on December 26th. I started crying. My sister had taken the day off work for the 26th and my whole family had put their plans on hold and now another delay. I was angry, sad, and embarrassed.
I called my family to explain – yet again. For all of the focus I put on parents co-parenting, I forget the sacrifices our families make for the sake of our divorce. It is one thing to counsel parents in how best to take the long view and co-parent their children effectively. These parents signed up for the changes. The extended families did not.
I am ashamed when I feel like I have to take advantage of them and ask them to change plans and put their traditions on hold. I feel like a walking apology. I see my parents and my siblings biting their tongues.
With a fresh wave of tears it hits me. In these hard post-divorce moments that require flexibility that extends far beyond me, I see my family pitching in. Doing their part. Why? The singular explanation is that they so fiercely love my daughters and me.
This holiday season, with this reminder, I will appreciate, love, and cherish my family even more. I will be present to them revealing this love wrapped in a sacrifice. Here is a heartfelt thank you to all of the families who are supporting children and parents of divorce.
Happy Holidays!
The amount of your spouse’s income has two significant impacts on your divorce: child support and alimony. While most spouses are forthright about their income, some minimize or hide their earnings in an attempt to improve their outlook on child support or alimony. This is especially true in cases where spouses are self-contractors, business owners, or cash laborers. Here are three legal techniques your legal team can employ to provide an accurate calculation of your spouse’s income:
- Discovery Requests
Discovery requests are written demands to your spouse to produce information and documents. These demands are typically the first technique used by attorneys to obtain evidence about your spouse’s income. Under Nebraska law, your spouse is required to respond to discovery requests and to provide documents related to income. Failure to do so can lead to court fines, sanctions, and even jail time.
- Subpoenas
If the documents produced by your spouse in the discovery responses are incomplete or misleading, then your attorney has the option to issue subpoenas to supplement or corroborate your spouse’s discovery responses. A subpoena (formally referred to as a “subpoena duces tecum”) is an order sent to a third party to provide documents relevant to your divorce. In the context of spousal income, subpoenas are often issued upon employers to obtain accurate pay stubs or banks to obtain accurate financial statements.
- Depositions
In some cases, there is no documentary trail of spousal income, which means that discovery requests and subpoenas are ineffective. This is especially common when a spouse receives cash income or has sole control over business records. In this situation, your attorney may use depositions to gather evidence about your spouse’s income. A deposition is an interview with a witness under oath, which means that a witness must provide truthful answers or else face the consequences of perjury. To gather evidence of your spouse’s income, your attorney can depose cash employers, business clients, or other persons with direct knowledge of your spouse’s income.
If you are concerned that your spouse will attempt to minimize or conceal income during your divorce, it is important that you work with a legal team well versed in identifying hidden income. Your legal team at Koenig|Dunne has over 70 years of collective experience in gathering evidence pertinent to proving spousal income.
This blog is made available to the reader by Koenig|Dunne for educational purposes only, to provide general information and understanding of the law, and not to provide specific legal advice. By reading this blog, no attorney-client relationship is developed between the law firm and the reader. This blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. The content of this blog is not an advertisement for legal services.