December 2016 Archives

What is a judgment "set-aside?"

A "motion to set-aside" is a post judgment procedure that allows either party in a finalized divorce proceeding to ask the court to set aside the judgment. If the motion to set-aside is granted, the court will generally hold a new trial on the issues that have been "set aside" by the court, typically (if the entire judgment is set aside) that means all of the unresolved issues in the case. The motion to set-aside must be made within a reasonable time, not to exceed one or two years after the original judgment or order is issued depending on the basis of the claim.

Protecting Professional Practices In Divorce

When one or both spouses in a divorce have ownership in a professional practice, things can become complicated. Spouses who are partners, shareholders, or sole owners of a professional practice have likely invested a great deal of time meeting with attorneys and accountants to limit personal liability and taxes that arise from their practice. In these discussions, the possibility of divorce may have been contemplated and a prenuptial agreement or other pre-divorce plan was put into place to protect their business. Many, however, do not have any pre-divorce safeguards, which can put their professional practice at risk during a divorce.

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