Month: March 2013

Divorce: Costs and Pricing

We get numerous calls every day from people asking, “How much is my divorce (or case) going to cost?” The short answer: it depends. The long answer:

Before we can tell you what your case will cost, we need some information from you.

  • To start, how long have you been married?
  • Do you and/or your spouse work?
  • Do you share bank accounts, or have separate accounts?
  • Do either of you have a retirement plan?
  • How do you handle life, health, vision, and dental insurance?
  • Do you own a home?
  • Will it be kept, or sold?
  • Is one of you moving out?
  • Do you have items in the home that need to be divided?
  • Do you have children?
  • If so, have you agreed on a custody arrangement?
  • A visitation schedule?
  • Child support?
  • Health insurance?

This is the starting point to even determine if your divorce will likely be contested or uncontested. Until you meet with an attorney and discuss these issues in detail, there is no way an attorney can know what your case will cost. After the consultation, however, if you have identified the main issues above and had a discussion regarding case expectations, your attorney should be able to provide at least a ballpark estimate of the time and costs expected in your case.

I’m Back! Let’s Talk Discovery

After a brief blogging hiatus to deal with the holidays and a half marathon, the blog has returned. Try and contain your excitement as we delve into the exciting  world of discovery. Simply put, discovery is a “compulsory disclosure, at a party’s request, of information that relates to the litigation.” (Black’s Law Dictionary)

Discovery can be subcategorized into depositions, interrogatories, requests for admissions, and requests for production. Covered under Alabama Rules of Civil Procedure 26-37, discovery is a frequent source of headaches for attorneys, while often proving to be a valuable litigation device in many Alabama divorces. Either party can file discovery, and discovery is typically sent attorney to attorney with only Notice filed with the court. Each party has thirty (30) days to respond to discovery and may object to discovery requests just like objecting at trial.

As far as what may be discoverable, ARCP 26(b)(1) notes that, “Parties may obtain discovery regarding any manner, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter.”

Contact a local Alabama divorce lawyer for further questions regarding discovery at (866) 345-2528.