Dissolution

Discover the Possibilities: The Basics of the Discovery Process

February 10, 2013 | by Blair & Kim, PLLC

Once a family law action is filed with the court, some clients are surprised to learn that they have the ability to obtain information from the other party, and even third parties, which is otherwise difficult or impossible to obtain. Other clients are surprised when they receive a hefty document containing hundreds of questions that have to be answered within a limited time period. Whether you are the purveyor or receiver of discovery documents, it is helpful for people to understand some basics about the discovery process.

In general, the discovery process is the process by which parties “discover” information relevant to their case. There are several options parties may use. Below is a list of four commonly used discovery methods and a brief definition of each:

Interrogatories: Interrogatories are questions directed to the other party. In family law cases, they often include questions regarding property, parenting, income, expenses, and anything else relevant to the case. The receiving party is required to respond to the questions within a limited period of time (usually thirty days).
Requests for Production: As may be obvious from the name, these are requests for the production of documents or other items currently held in the possession (or accessible to) the other party. This may include bank statements, other financial documents, appraisal documents, diaries, journals, student grades, resumes and more. The requests for production often come in a document along with the interrogatories and have the same time limits.
Subpoenas: Subpoenas are documents that order a person to appear, permit inspection, or produce documents. These can be served on both parties to the suit, and third parties. For example, if the opposing party holds an interest at a company, a party may request that the records custodian of that company provide the records s/he keeps. Or, a subpoena may order that a person appear for a deposition.
Oral Depositions: Oral depositions are an opportunity for a party to case to ask questions of another party, or a non-party. These depositions may be used to find out what relevant information a person has or doesn’t have. It may also be used to determine how a witness might testify if the case goes to trial.

In each case, the benefit of different methods of discovery must be balanced with the cost and time expended on obtaining it. We are experienced in determining a discovery strategy that properly balances these often conflicting interests.

Gray Divorce

December 28, 2012 | by Blair & Kim, PLLC

In the article “Navigating the Gray Divorce with Dignity,” attorney Andrea Vacca, discusses the increase in what she refers to as “gray” divorces and the issues facing clients in this type of divorce. Gray divorces, Vacca explains, are divorces between people age 50 and over. Vacca says that while overall divorce rates have declined, gray divorces have increased. She also says that many of her clients in gray divorces are facing different and unique issues compared to their younger counterparts.

We share Vacca’s experience that clients divorcing after the age of fifty encounter different issues than those divorcing in their twenties, thirties or forties. Instead, of worrying about child support and parenting plans, many people over fifty are most concerned about their financial futures. People of this age have less time to recover from financial loss prior to retirement age, and/or may be facing the prospect of living on a fixed income. In these circumstances, it is especially important to think about how to best prepare financially for life as a single person. Divorce does not have to mean financial ruin. We are prepared to help you through this process and will do our best to ensure your financial security.

We also share Vacca’s experience regarding the increased interest in alternative dispute resolution among older divorcing spouses. For many of our clients there are many options for avoiding court. We are committed to providing you the personalized advice and representation you need. If you want to avoid protracted litigation and costly legal battles we will use whatever means possible to achieve your goals.

Connecting With Your Children: How a Personalized Parenting Plan Can Help

November 20, 2012 | by Blair & Kim, PLLC

In a recent article, “How to Connect With School-Aged Children When You’re Separated or Divorced,” in The Huffington Post’s divorce section, Naomi E. Goldstein, Ph.D. discusses the difficulty and importance of connecting with children after divorce. In that article, she posits that it is especially difficult for divorced parents to connect with children as they enter elementary and middle school years. As family law attorneys, we have had firsthand experience helping our clients, with children of all ages, maintain their parent/child connections in the face of a changing family structure.

In fact, it is our understanding of this difficult reality that drives us to draft parenting plans that are as personalized as possible. As part of our process, we encourage our clients to think about ways they connected with their children prior to separation. Then we strategize how those ways may be maintained or even expanded through a well-drafted, personalized, parenting plan. For example, if you bond with your kids by coaching or watching their sporting events, but you are not the primary parent, we might draft a plan with provisions allowing for you to coach or watch events during the other parent’s residential time with the child. Or, if you have a special tradition (ex. a yearly camping trip the first weekend after school releases for the summer) we might draft a plan that allows you and your child to continue your yearly ritual.

In the absence of extenuating circumstances, maintaining a connected parent/child relationship with both parents should be the goal of drafting a parenting plan. Parenting plans are not one size fits all. Let us help you make a parenting plan that keeps you and your children connected.