Distribution of property is all well and fine, you may be thinking, but what about when “property” means a pile of debts? Unfortunately, just because neither party in the divorce is fighting for that particular bundle of property doesn’t mean the court won’t “distribute” it in the divorce decree. If both spouses signed onto any […]
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.
Courts will often strike down a prenuptial agreement. This is usually due to unfair conditions at the time the prenuptial agreement was executed or incomplete disclosure of the required facts. For many divorces, there is no prenuptial agreement. But for those that successfully invalidate the prenuptial agreement, there will normally result in a more equitable […]
A prenuptial agreement can be good or bad. Good in that it ensures that whatever assets you may wish to protect are not effected by a later divorce, bad in that it can complicate and prolong a divorce. You may be wondering whether the prenuptial agreement you signed is valid now that you are getting […]
Although distribution of property laws may vary across the 10 states using “community property” laws, they generally presume all property owned by either spouse at the time of the divorce to be community property subject to distribution at the court’s discretion. If a party to a divorce maintains some piece of property should be withheld […]
One of the biggest questions in a divorce is generally who will get the kids. Second to that—and likely first, if the divorcing couple are childless—is who gets the property. “Property” may cover real property and personal property (possessions, bank accounts, investments, etc.). The court usually determines what property is in play in a divorce […]