Not exact matches
With a pension valuation, you can
judge the value of the pension relative to other
assets and make better decisions on whether and how to
divide it.
If your divorce proceeds to trial, a
judge will be asked to
divide assets and liabilities, determine whether alimony is appropriate, dictate a parenting plan to determine how and when a child will spend time with each parent, calculate child support, dissolve the bonds of marriage, and make other personal and private decisions.
Couples who do not agree on how to
divide assets and debts go to court, and ask a
judge for a decision
Equitable Distribution is the process by which the
judge will allocate and
divide the marital
assets and liabilities between you and your spouse.
Judges consider several factors in deciding how to
divide assets and debts, including the length of the marriage, the contributions of each party to the relationship, and the financial circumstances of each party.
The
Judge also determines what he or she thinks ought to be included with the marital property to be
divided, the value of those
assets, and how the
assets (and debts) will be allocated as between the parties.
During your divorce, one of the most important steps is the discovery process — the mandatory and formal exchange of information and records by the parties where they disclose their
assets and obligations so that the parties or a
judge can decide how the community property will be
divided.
Michigan is an equitable distribution state, but
judges typically
divide assets fairly evenly.
Divorce laws in Texas are complicated by the fact that, technically, it is a community property state, but in reality,
judges have discretion in
dividing marital
assets.
When and if the case moves on to litigation,
judges are faced with tough dilemmas in divorce cases, where they have to sometimes make Solomon - like decisions in child custody cases, or surgically and unemotionally
divide the equities and split the
assets of a couple without an understanding of what is really emotionally crucial to whom.
You can always try mediation and see if your spouse will cave on this (mediation is a better way to handle property division in a divorce, but if a
judge gets to make the decision in your divorce in Nevada, the
assets will be
divided equally between the two of you.
When a couple gets divorced, a Wyoming
judge has the difficult task of ensuring that the marital
assets are
divided fairly.
Couples in Oregon can avoid having a
judge make decisions for them by reaching their own agreement on how to
divide their
assets and debts either with or without the help of a mediator.
Oregon statutes serve as the guidelines
judges use when
dividing assets and debts between the spouses.
I discuss the litigation option, where the parties battle it out in a courtroom and let a
judge decide how to
divide their
assets and raise their children.
Though not all Florida
judges are willing to dissolve marriages of same sex couples, it is still important for separating gay and lesbian partners and spouses to settle child custody issues,
divide their
assets and debts, and prepare for for the transition from being together to being single.
The
judge will decide on the fairest way to
divide the
assets if there are enough
assets to meet everyone's needs.
It is an equitable distribution state, so all
assets are
divided between spouses in a way the
judge deems fair.
The
judge looks at the following criteria when it comes to
dividing assets: the age of the spouses, their future earning capacities, the duration of the marriage, the history of the property, the tax consequences of a forced sale, family ties and obligations, and an allowance for alimony.
When the court issues a judgment of absolute divorce, the
judge will
divide your marital
assets according to the principals of equitable distribution.
For example, if retirement
assets (pensions, profit - sharing plans, 401 (k) plans, or other tax - deferred retirement - type plans) are involved in your case, a special court order called a QDRO (Qualfied Domestic Relations Order) or a DRO (Domestic Relations Order) or a similar type of court order
dividing retirement plan interests must be prepared, approved by the retirement plan administrator, signed and filed by the
judge, served on the retirement plan administrator and then implemented by that plan administrator.
Unlike in community property states — where courts evenly
divide the
assets acquired during a marriage — equitable distribution laws give a great deal of latitude to
judges to decide what is «fair.»
If you must go to trial where a
judge will
divide marital property for you, the law protects these
assets.
The
judge will listen to the information and
divide the
assets in a way that he or she deems equitable for both parties.
Judges tend to
divide assets 50 - 50, and do what's in the best interests of the child using their criteria, not yours.
You and your spouse know what is best for you (and your children), and mediation offers you more control over your future — rather than being told by a
judge how to
divide your
assets, or how to co-parent your children.
While a
judge can readily determine some issues such as child support, how to equitably
divide your
assets and debts may take some negotiations back and forth between you and your spouse.
A mediator will give you all the information need on Massachusetts divorce law, on your custody options, ways you can equitably
divide your marital
assets, and how to craft a separation agreement that will be approved by the
judge and will serve your family's needs.