The Case of a Missing Comma
When drafting legal documents, it is critically important to use correct punctuation, accurate grammar, and proper phrasing. A good example of this rule is a Maine case about overtime pay that hinged on a missing comma.
Read MoreThe Role of Email, Text Messages, and Social Media in Divorce
Any of these means of electronic communication can, and frequently are, used as evidence in court during a dissolution of marriage or modification proceeding. When going through a divorce or modification action, expect that your electronic communication and social media will be scrutinized.
Read MoreAssociation Restrictive Covenants and This Little Piggy
The question the Court was asked to answer was whether a pig was livestock or a pet? The Association sued Gebauer claiming a 135 pound Vietnamese potbellied pig violated the neighborhood’s restrictions on livestock and constituted a nuisance or inconvenience to neighbors.
Read MoreDivorce & Bankruptcy: The Handmaidens of Misery
You have just gone through the misery of an emotionally draining divorce. The State Court by virtue of Decree after trial or by agreement has established the rights and liabilities related to marital debt — the unpaid credit cards, car loans, first and second mortgages on the house that neither you nor your ex-spouse can now afford as the family is no longer a two-income family.
Read MoreKeep your “Eyes” Peeled: Evidence in Iowa Divorces
Clients will often inform us that they believe their spouse is involved in an extramarital relationship. They often follow up by saying, “Does it even matter? I heard that Iowa is a ‘no fault’ state.” Our answer is – when it comes to just being granted the divorce, Iowa is a no-fault state. But in every other aspect of the divorce, fault does matter.
Read MoreA Quick Look at Iowa’s Fast Track Litigation Process
When someone gets hurt as the result of someone else’s negligence, it’s generally a requirement to litigate his or her claim to the extent that it exceeds the Iowa District Court small-claims limit of $5,000.00.
Read MoreDealing with Difficult Exes? Get Them Charged with Contempt.
No attorney can guarantee 100{ed08d0f78e69b7ff4b50918def2f0ae669f005ed98ac6fec33294c8e8202ec0b} compliance with a court order, but we do have remedies for non-compliance. That remedy comes in the form of “contempt” — more legally referred to as an Application for Order for Rule to Show Cause.
Read More5 Tips for Staying Out of Trouble when Getting a Divorce
The key exception in these situations is if direct physical harm or significant emotional harm to your child or yourself will likely result from such contact with your ex. Remember, judges hear in virtually every case, “my ex is crazy” or “my ex is verbally abusive”. Those claims only influence the judge if there is clear evidence of direct harm to a child or yourself.
Read MoreCould Your Status Updates Cost You Your Children?
The persona you present on Facebook could be the very picture that is painted of you at trial. Are you the sum of your status updates? Hopefully not. Your goal should be to avoid helping the other party gather evidence to use against you.
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