Whether a couple was married or cohabiting can completely change what happens with any real estate they purchased in the case that they split up. In the case of a marriage, the court will usually see the property as jointly owned and will thus allocate it in the distribution of property. If the couple were […]
How to Divorce: Getting Started
Because divorces in the United States are handled by individual states (usually through county courts) and not the federal government, the requirements for filing for a divorce vary depending on where the parties live. However, the process is fairly similar across most states. Although some states retain divorces for cause, all now also allow no-fault divorces. But “no-fault” doesn’t mean you can just walk into a courthouse, file your paperwork, and walk away divorced — most jurisdictions require mutual consent and/or a waiting period before a divorce can be granted. Knowing the requirements, the average costs, the timeline, and how to hire an attorney can help are all important factors in the beginning stages of the divorce process.
What does a cohabitation agreement look like?
For the most part, couples can form their cohabitation agreements how they like, so that there’s no set standard for what must be included. An agreement may cover day-to-day activities such as grocery shopping or taking out the trash. Or it may just cover the big stuff: how rent and utility bills will be divided, […]
Distribution of property when one spouse is “at fault”
In distributing property, courts in some jurisdictions take into account whether one party was at fault in the divorce. Regardless of whether the divorce itself is granted on fault or no-fault grounds, a spouse’s actions in bringing the marriage to an end can factor against him and her. If marital fault is proven, the courts […]
Distribution of property: A piece of the pension pie
Usually, in distribution of property, any employee pension plans the spouses participate in make it into the pot. Unless a spouse waives rights to a pension plan, he or she will usually be granted a portion based on earnings that went into the pension while the couple were married. In many — perhaps most — cases, the […]
Distribution of property: The taxman cometh
Similar to with other types of debt, taxes owed will likely be divvied up in the divorce. But even if they aren’t, if the couple filed a joint return, the Internal Revenue Service will hold each spouse jointly and individually responsible for any taxes, interest, and penalties due for the tax year ending before the […]