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What Happens When a Judge Awards a Piece of Property in a Divorce Decree?

After the judge signs off on your divorce, you and your former spouse are free to go your separate ways and take your property with you. Usually, there will be Read More

What Happens With a Divorce When We Live Separately?

Separation is often the first step to getting a divorce, but this isn't always the case. If you live separately before filing for divorce, it may mean you already have Read More

When everything goes right, couples can divorce and move on with their lives without ever looking back; but this usually only happens when no kids are involved and marital property Read More

If you or your spouse is sued in civil court and lose, the court issues a judgment against the losing spouse. The prevailing party, or judgment creditor, can have liens Read More

If you re facing both divorce and foreclosure, your dilemma may be compounded by the laws in your particular state. Both divorce and foreclosure laws vary by jurisdiction and they re sometimes Read More

A divorce decree resolves all divorce-related issues between you and your spouse. It is a court order, unlike promises or other informal agreements made between a couple while the divorce Read More

If you divorce your spouse on grounds of verbal abuse, which may fall under the category of cruelty, inhumane treatment or similar ground, depending on the state in which you Read More

Divorce is governed by state law, not federal law, which means that if something holds true in Kansas, it may not be the case in Kentucky particularly when it Read More

If you want a no-fuss divorce -- and if you have little or no marital property but a lot of patience -- North Carolina is the place to live and Read More

Insupportability is Texas' version of no-fault divorce, called irretrievable breakdown or irreconcilable differences in other jurisdictions. To quote the state's case law, insupportability means that your marriage has become unendurable, Read More

Continuing to live together when you're ending your marriage can be uncomfortable to borderline impossible, but filing for divorce doesn't automatically require that one of you must leave the marital Read More

Service of process is a cardinal rule in divorce proceedings, both for hearings that occur during your divorce and even for post-judgment issues that crop up afterwards. You -- or Read More

An award of alimony, also known as spousal support, can give rise to even further disputes in a divorce case. The spouse ordered to pay alimony can appeal on the Read More

In , Bloomberg News wrote that New Hampshire is the easiest state in the country in which to get a divorce. This relates mostly to the state's waiting period to Read More

Michigan does not require spouses to live separate and apart before a divorce may be granted. Instead, they simply must demonstrate that the marriage has broken down. Although Michigan doesn't Read More

It makes intuitive sense: you overpaid your child support this month, you pay less next month to balance it out. But the law does not always follow intuition. Child support Read More

The terms of a divorce decree can have long-lasting implications, but they're not all set in stone. Although it's typically difficult if not impossible to undo or change certain provisions Read More

When spouses are happily married, they may not worry too much about who owns what. This tends to change when divorce seems imminent they begin mentally classifying property as Read More

When a married couple divorces, there may be significant disagreement over how to resolve property matters. If a couple cannot work these issues out, the court will need to step Read More

If you cannot find your spouse at his last known address or locate him through his friends and family, you may be able to notify him by publication. Service by Read More

Estate planning goes well beyond making a will. Many couples grant each other powers of attorney so if one of them is unavailable or incapacitated, the other can take care Read More

If you've been named in someone's divorce petition, it most likely happened for one of two common reasons. Either you have a stake in some asset or item of marital Read More

Like all states, Pennsylvania requires you to live in the state before seeking a divorce there. However, this requirement doesn't mean both spouses have to be residents -- only one Read More

When you decide to divorce, you and your spouse will typically work out your related issues prior to receiving your final divorce decree, including such matters as spousal support, child Read More

When you file papers for divorce with the court, it simply means that you have started the divorce process. In your petition for divorce, sometimes called a complaint, you list Read More

Utah, like most states, requires that you live in the state for a certain amount of time before you can petition your local court for divorce. Either you or your Read More

Dividing marital debt in a divorce is sometimes the first step in a long battle if you and your ex can't agree. Further, once you finally reach a settlement agreement, Read More

Divorce can be an expensive undertaking. Moreover, courts typically only appoint attorneys, like public defenders, in criminal matters, such as cases that carry the potential for imprisonment. If your freedom Read More

The welfare of your child is the court's primary concern in making all custody determinations. At the same time, New Jersey recognizes that the conditions used to establish custody can Read More

Divorce is complicated enough, and when one or both spouses are members of the military, this can make the proceedings even more difficult to understand. The state where you file Read More

Several states have waiting periods for divorce, but Arizona is somewhat unique in that it essentially freezes the clock for 60 days. Not only will the court not finalize your Read More

You might think you know everything there is to know about your spouse; however, this assumption may get you into trouble in the event that you decide to get divorced. Read More

A subpoena is a legal document that can require your spouse's bank to produce certain records that are relevant to your court case. It is invariably permitted if you're in Read More

The United States is a mobile society -- and it's not uncommon for people to relocate after they're divorced. However, if you find that you later must take steps to Read More

Even without significant assets or major contested issues, preserving your rights in a divorce can be a complex process. To ensure that you, your spouse and your children have mutually Read More

Divorce isn't easy in the best economic times. Dividing significant marital assets when their value is depressed can complicate things considerably maybe even enough to convince you to stay Read More

Divorce doesn't offer you a lot of rights when your spouse's misconduct causes the end of the marriage. In fact, a handful of states won't let you cite fault or Read More

If you've fought the fight and won the house in your divorce, your work isn't over quite yet, but it becomes a lot easier. Now you're faced with tying up Read More

Few marriages are completely free of discord, but marital troubles do not justify self-help remedies like ejecting your wife and child from the family home. If your relationship with your Read More

It's possible to be divorced without showing up in court or even without knowing that your spouse has divorced you but circumstances must align just right for this Read More

Bickering between spouses does not always end after a divorce is finalized. If custody or support matters are not resolved to the liking of one party, he or she may Read More

There are usually easier and much faster ways to divorce than by proving abandonment, but this isn't necessarily the case in Virginia. To file for no-fault divorce, the state requires Read More

Divorce is often a struggle of wills between the soon-to-be ex-spouses, and sometimes one spouse pressures the other to sign divorce papers. While your spouse cannot force you to sign Read More

When a marriage ends, one home must be split into two households, each requiring adequate financial support. A divorcing spouse who receives a pension from the U.S. Department of Veterans Read More

Depending on the couple, divorces can be simple and quick when spouses agree on the divorce's terms, or the process can be long and complicated when the spouses do not Read More

Returning to your maiden name is always an option, whether you're in the process of getting divorced or not. Although laws vary from state to state, many simply require you Read More

In a divorce action, a court can order the payment of spousal support, also known as alimony. This is financial assistance, usually temporary in nature, from one spouse to the Read More

Florida legal papers are not likely to include the term custody, since that word does not appear in the statutes. Rather, current Florida law talks about parenting plans and time-sharing Read More

You can have your attorney or a judge issue subpoenas to obtain evidence in court proceedings such as divorces. You can subpoena proofs from your spouse such as texts messages, Read More

Florida is a relatively divorce-friendly state. It doesn't impose a lot of requirements on couples who want to divorce. You and your spouse don't have to move into separate households Read More

Social Security disability payments and alimony come from different sources and serve different purposes. Disability payments are part of the government's social services program that insures workers and their families; Read More

Going to college can be an important step on the path to a successful career. However, tuition, room and board, books, and student activity fees are not expenses that every Read More

State laws generally require that defendants to a lawsuit, including spouses in a divorce, be informed of the suit before the plaintiff can continue with his case. Thus, you must Read More

When a California divorce court rules against you on an important issue, such as child or spousal support, you can file an appeal, but this can be time-consuming and expensive. Read More

Disputes in a divorce case can be stressful and emotional at the best of times. Generally, the court time frame for motions gives both sides a built-in cooling off period Read More

Whether you hire a lawyer or handle your own divorce, both you and your spouse have a legal obligation to share your evidence and information with each other. In some Read More

If your divorce proceedings involve a motion for temporary relief, your divorce has started out as contested you and your spouse don't see eye to eye regarding how you're Read More

Filing for a divorce can be difficult emotionally as well as procedurally, and tackling the paperwork alone will likely be challenging. Uncontested cases are more feasible to handle by yourself Read More

Divorces can be highly emotional for both spouses. Major issues regarding property, spousal support and child custody must be resolved in the process. While courts have the ultimate authority to Read More

Federal Social Security benefits are meant to help shield an individual from financial hardship. If the recipient collects benefits while married, but subsequently gets divorced, courts are tasked with determining Read More

Rushing to get remarried is typically advised against, particularly if it took you a while to get divorced. But if you are determined to remarry right away, you should check Read More

A spouse's drug dependency can cause the marriage relationship to deteriorate. Given the illicit and often self-destructive nature of narcotic use, you may feel that your spouse is solely responsible Read More

Unless you were married for only a short period of time, financial disclosure is going to be a big part of your divorce. You've probably had ample opportunity to tangle Read More

There are those who will tell you that a divorce proceeding takes forever, but this isn't always the case. Courts generally don't want cases languishing on their dockets any longer Read More

In a divorce, family courts often decide the major legal issues for the couple such as those related to property, support and child custody. Because these decisions can result in Read More

Adultery is a common cause of divorce in the United States. Some marriages can survive adultery by one or both spouses, but many don't. When adultery is the reason for Read More

Retirement funds can be a significant asset in a divorce, sometimes holding more value than any other asset the divorcing couple has. However, while you can split many retirement assets Read More

For many couples who are getting a divorce, splitting up marital assets and agreeing on a fair amount of alimony is the most arduous part of the process. If you Read More

If you and your spouse cannot agree on the terms of your divorce, the divorce court will establish those terms for you. Your spouse may try to trick the court Read More

Like other assets, the money in a 401(k) is subject to division in a divorce. Divorce courts can split a 401(k) evenly between you and your spouse, or they might Read More

Divorce is rarely easy, even if you think yours is going to be pretty basic and uncomplicated. If you don't hire a lawyer, you must figure out on your own Read More

Most states, including Florida, do not have an overall set of specific laws for short-term marriages. However, some rules deviate from the norm when a couple is married for only Read More

Whether to file for divorce is a personal decision; where to file is a matter of state law. The legal concepts of jurisdiction and venue determine where you can bring Read More

Although some fundamental differences exist between a divorce and a dissolution in Ohio, both procedures permanently end your marriage. You may realize immediately afterward that there are problems with your Read More

When someone names you as a beneficiary in his will or trust, it's a safe guess that he meant the gift to go to you, not to a spouse you Read More

If you ask an attorney if you should use a divorce lawyer, he's inevitably going to say, Of course. The truth is that it depends a great deal on the Read More

California has been on the cutting edge of making divorce easier since it became the first state to allow only no-fault divorces in 1969. The filing spouse must simply state Read More

Adultery or any other marital misconduct may not affect your divorce much if you live in the District of Columbia or one of the 15 states that do Read More

The grounds you choose when you file for divorce can be a pivotal part of the proceedings. They can affect property division and alimony issues, and can also determine the Read More

Divorce typically splits all the assets a couple owns, either according to an agreement they make or according to a judge s decision. However, assets like a home can be difficult Read More

Kansas is one of only nine states, plus the District of Columbia, that unequivocally recognizes common law marriage. A few others recognize these unions if they began before a certain Read More

A contested divorce is a drawn-out process that evolves in phases. One of these phases is discovery a fact-finding mission using different methods, which helps you and your attorney Read More

It might feel like it's OK to start moving on with your life after you've been living separately from your spouse for a while, but the law usually disagrees if Read More

Divorces can cost a lot of money, and you can easily run up thousands of dollars in legal fees trying to end your marriage. Even worse, you may be ordered Read More

If you're sure your spouse is cheating and you know you're headed for divorce, the next logical step is to figure out how you can prove his adultery to the Read More

In Michigan, spouses have the option of filing for either legal separation or divorce. However, legal separation is known as separate maintenance in the state and is often chosen in Read More

Divorce can be a lot like having the rug pulled out from under you. You've grown accustomed to living one way, on a certain amount of income, and suddenly, you Read More

Florida's Family Law Rule of Procedure 12.105 provides an easy way out of your marriage. Unfortunately, the rule comes with a lot of other rules attached, so not all couples Read More

A divorce can be traumatic enough, but when one of the spouses dies in the midst of the divorce, this creates a slew of additional complications. By law, you are Read More

The U.S. Surgeon General's office reports that divorce is one of the most common causes of depression and anxiety. Parsing legal information can be a source of additional stress. It's Read More

After a divorce or a breakup, your partner might choose to get back at you by making false accusations. These accusations could affect your emotional well being; your partner might Read More

When spouses in South Carolina want to end their marriage, they can file for divorce. South Carolina courts recognize both no-fault and fault divorce. A fault divorce means that the Read More

In past years, extramarital sex, or adultery, was treated much differently by the legal system and mainstream society than it is today. In addition to your legal rights, extramarital sex Read More

A statute of limitations is the amount of time during which a person or organization may take legal action against another. Statutes of limitation for civil violations vary according to Read More

Unmarried couples may live together for many years, but no matter how long the relationship lasts, partners rights to alimony and property division do not necessarily mirror the rights of Read More

An emergency protective order (EPO) protects you from potential harm planned by someone, such as a spouse. Your local police department may issue an EPO or request one -- on Read More

In Pennsylvania, a default divorce can be obtained when one spouse does not sign the divorce forms and ignores all requests for documentation. A spouse can also seek a default Read More

A default judgment comes about when the spouse who doesn t file the divorce complaint or petition does nothing in response when he s served with a copy of the paperwork. This Read More

Divorce is difficult enough to face without adding the additional stress and emotion of divorcing a verbally abusive man. Unfortunately, not all relationships reach an amicable ending; many woman leave Read More

Discovering that a spouse has been unfaithful can be devastating. Depending on the seriousness of the adulterous relationship, the betrayed spouse must decide whether to forgive and stay in the Read More