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Tag: discovery


3 Techniques for Finding Hidden Income in a Divorce

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
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Five Tips for Collecting Evidence for a Divorce

Divorce trials and other court hearings often hinge on which spouse can provide the best evidence to the court to support his or her arguments. Which spouse has been his or her child’s primary caregiver? How much income has a spouse earned over the past year? Did a spouse acquire a disputed piece of property before marriage? When courts must decide these types of issues, courts must rely on the evidence they are presented by the parties. Here are five tips for improving the evidence for your case: Written Communication If something important must be said between you and your
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The Discovery Process

After the initial documents of a divorce have been filed, the “discovery” phase begins. Discovery refers to the legal process of exchanging information and documents between spouses that are needed to either come to a settlement agreement or prepare for trial. This process often requires spouses to gather a number of financial documents and to answer questions relevant to their divorce. Here is an overview of the discovery process: Sending Discovery Requests In order to legally require your spouse to provide you with information or documents, you must send formal discovery requests. These typically come in two different varieties. The
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Four Tips to Help Answer Discovery Requests

To complete a divorce, a significant amount of information must be exchanged between you and your spouse. What assets do we own? What debts do we owe? What parenting-time schedule would you prefer? Discovery is the legal process of exchanging information. To do so, spouses typically answer two types of requests for information. The first is interrogatories, which asks spouses for written answers to questions. The second is requests for production of documents, which asks spouses to provide specific documents, such as bank statements, loan records, or tax returns. If you are tasked with completing these discovery requests, your attorney
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Gathering Information to Prepare for Divorce

If you are considering divorce, or are in the beginning stages of your divorce, you may wonder what information or documentation will be needed throughout the process. Depending on the issues of your case, you may need to provide bank statements, pay stubs, or bills. Here are the most common documents you will need during your divorce: Federal income tax returns for (at least) the two most recent tax years, including W-2s, 1099s, and all Schedules and Attachments. Why? Tax returns include a lot information that will be helpful for you and your attorney during your divorce. They provide an
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Five Types of Discovery Commonly Issued in Divorce Cases

During the pendency of your divorce, you and your spouse may gather information needed to resolve your case. This process, known as discovery, is the formal exchange of information. It helps prepare a case for trial, narrow issues in the case, facilitate settlement, or eliminate any surprise at trial. You may receive discovery requests from your spouse (or your spouse’s attorney). You may also send discovery requests for your spouse’s completion. In discovery requests, parties may request not only relevant information, but also information which may lead to relevant information. You may be required to provide information in your discovery
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3 Ways to Value your Home in a Divorce in Nebraska

In a divorce, it’s likely your martial home is one of the most valuable assets you and your spouse own.  Regardless of which spouse keeps the home, the equity in the home will need to be divided.  Equity is the difference between the value of the home and the amount owed in mortgages (or other liens, such as a home equity line of credit) against the property.  To determine how much equity is in your home, you’ll need to determine the value of your home.  This can be determined a number of ways in a divorce in Nebraska. You and
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Top 5 Questions Regarding Depositions in Nebraska

What is a deposition? A deposition is the asking and answering of questions under oath, outside of the courtroom, in the presence of a court reporter. You will be “sworn in” and asked a number of questions by the attorney for the opposing party.  Your attorney may ask you a few questions as well. A deposition may be taken of you, your spouse, or other potential witnesses in your case. After the deposition, the questions and your answers will then be transcribed (typed up) by the court reporter exactly as given.  A printed or electronic copy of your testimony will
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