Your Guide to Navigating the Court System in a Divorce Case
Much has been said about the issues discussed in divorce. But what about the procedure? Are you intimately familiar with all the "musts" and "must-not's" of family court? Let our seasoned attorney faculty walk you through a detailed step-by-step instruction on the mechanics of a divorce case. Streamline your motions practice and explore new and time-tried discovery techniques. Get sample forms and tactical tips to make your next case go more smoothly for you and the client. Register today!
- Get a refresher on how the divorce case moves through the court system to ensure no key steps are missed.
- Get a head-start on the case with sound advice for your client on what to do before announcing the decision to the spouse.
- Enhance your early investigation skills and learn when and how to decline representation.
- Make certain your initial court filings are impeccable to make the right impression on the judge.
- Explore the latest tools and sources in divorce e-discovery.
- Gain strategic tips for the timing and content of your pre-trial motions to give them maximum force.
- Review the process of obtaining protective orders in cases involving domestic violence.
- Augment substantive knowledge with clear understanding and mastery of the court mechanics and classic litigation strategy.
- Find out how the courts treat requests for support modification.
This is a rebroadcast of the original webcast delivered by Richard B. Gantt, Rachel Platt & Kirk C. Stange on November 2, 2020. Faculty will be available to answer your questions after the program.
10:00 am - 5:00 pm - All times are shown in Eastern time
- DIVORCE CASE INTAKE AND PRE-LITIGATION TACTICS
10:00 - 11:00, Kirk C. Stange
- Client Interview Questions and Documents to Obtain
- Advice to Client Who Hasn't Yet Told the Spouse About the Decision to Divorce
- Initial Analysis and Investigation
- Declining Representation
- Case File Organization Tips
- Divorce From Bed and Board/Legal Separation
- Annulment: Grounds, Procedure, Consequences of an Annulment Decree
- Is an Expedited Procedure Available?
- COMMENCING DIVORCE ACTION
11:15 - 12:00, Rachel Platt
- Determining Residency and Declaring Domicile
- Venue and Jurisdiction Considerations and Conflicts
- Subject Matter
- Summons/Petition and Response
- Service of Process (Defendant in the State, in Another State, in Another Country, or Cannot be Located)
- Motions for Temporary Relief
- Scheduling Orders and Meeting the Deadlines
- Responsive Pleadings - What to Use, When and How
- DISCOVERY PROCEDURE
12:00 - 1:00, Richard B. Gantt
- Timing of Discovery
- Effective Interrogatories and Requests for Production of Documents in Divorce
- Requests for Admissions: The Most Important Discovery Tool
- Motions for Medical and Vocational Evaluations
- Taking and Defending Depositions
- Impact of Current Technology on Divorce Discovery (Including: E-Mail; Text Messaging; Social Networking Sites and Blogs; Privacy Issues in Wiretapping and Other Surveillance; etc.)
- Locating, Valuing and Dividing Assets
- Pros and Cons of Using Private Investigators
- Guardian Ad Litem/Custody Evaluators Communications, Reports, Fees
1:30 - 2:30, Kirk C. Stange
- Fee Agreements - Review a Sample Agreement
- Dealing with a Pro Se Litigant
- Conflict Checks
- Ethics Case Law Update
- PRE-TRIAL MOTIONS PRACTICE AND SETTLEMENT STRATEGIES
2:30 - 3:15, Rachel Platt
- Preliminary Orders
- Addressing the Validity of Pre- and Post-Nuptial Agreements
- Obtaining Retraining/Protective Orders in Cases Involving Domestic Violence
- Tips for Negotiating Child Custody and Visitation
- When and How to Use ADR Procedures: Arbitration, Mediation, and/or Med-Arb
- Judicial Settlement Conference
- TRIAL OF A DIVORCE CASE
3:30 - 4:15, Richard B. Gantt
- Family Court Trial Procedure
- Introducing Evidence
- Maximizing Client/Witness Testimony
- Final Disposition
- Effective Use of Trial and Post-Trial Motions
- Preserving Issues for Appeal
- ENFORCEMENT AND POST-TRIAL MODIFICATIONS
4:15 - 5:00, Rachel Platt
- Enforcement Options
- Contempt Remedies
- Enforcement Motions
- Civil Contempt, Execution, Garnishment, Attachment, etc.
- Support Modification Requests: Grounds, Proof, Procedure
- Child Support
- Family Support
- Section 71 Payments
- Can You Revise a Final Property Division Order?
- Relocation Issues: When Representing the Moving Parent
- Enforcement of Child Custody Orders: UCCJEA
- International Enforcement: The Hague Convention
This divorce law course is designed for attorneys.