Divorce Attorneys, Family Law, Injury Cases

Pending injury claims create additional legal issues for divorce attorneys. Diagnosis of injuries and the extent of damages are difficult to diagnose, and almost always disputed by defendants. To exacerbate the problem, most defendants contest financial damages and litigation may require years to resolve. In the mean time, termination of marriage and division of marital property tend to flow quickly through the family courts. Injury claims are considered an asset acquired during marriage, and even though both husband and wife may have an interest in specific items of damage, the dissolution of marriage must divide these financial interests.

How divorce attorneys resolve claims

Questions frequently arise over disputed liability claims between multiple parties before the court approves a final order. Generally, joint liability of husband and wife for payment of claims is not affected, nor joint entitlement to collect damages. Divorce attorneys do however usually negotiate agreements covering division of proceeds between spouses, pertaining to settlements which may be received in the future. Injury claims which depend upon third parties should be resolved between husband and wife in the final decree, setting forth the relationship, rights, title and duties of each spouse. Terms used in settlement agreements also greatly effect the classification of financial damages, and ultimately, property division issues between spouses.