Not exact matches
Separation agreements can address a number of issues,
including division of property, allotment of
marital debt, and payment or waiver of spousal support.
When a divorce is filed and granted in New York State as an «Uncontested Divorce» it means that the parties to the divorce (the husband and wife, or both spouses in a same - sex marriage), have signed their applicable divorce papers that were filed in court, to indicate that they both agree to all of the terms of their divorce,
including: the equitable division of their joint
marital property (assets and
debts) and the payment or waiver of spousal support.
Marital property
includes most assets and
debts a couple acquires during marriage.
(h) That the relocation is sought in good faith and the extent to which the objecting parent has fulfilled his or her financial obligations to the parent or other person seeking relocation,
including child support, spousal support, and
marital property and
marital debt obligations.
Marital liabilities are also equitably distributed between spouses and can
include mortgages, credit card
debts and medical bills.
The settlement agreement must address all relevant issues, which can
include division of assets and
debt, issues relating to children, who will maintain the
marital residence and so forth.
These
debts can
include a mortgage on the
marital home, car loans, etc..
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.
The
marital separation agreement often
includes decisions such as the division of property and other assets, alimony or maintenance payments,
debt division, and which spouse is allowed to live in the family home.
Your divorce settlement, or
marital settlement agreement, will contain the complete terms of your divorce on every issue —
including division of property, division of
debt, custody, and support.
Marital property
includes all personal and real property, assets and
debts obtained during the marriage.
As you go through the divorce process, you and your spouse will work to divide all
marital property,
including debts,...
The key to uncontested divorce is that both spouses must be in agreement about the terms and conditions of the divorce,
including child custody and visitation; child support, health and dental insurance, and medical expenses for the children; tax deductions and exemptions; division of the
marital assets and
debts; alimony; any other dispute involving the marriage; and lastly, the grounds for the divorce.
This may
include custody of the children, child support, visitation, division of the
marital property, health insurance,
debts, retirement, and any other issues that have arisen as a result of the marriage.
Major financial issues that arise from divorce
include child support, spousal support and the distribution of
marital assets and
debt.
Include a provision that a spouse who files for bankruptcy agrees to notify the other spouse of the bankruptcy filing within a certain period of time, such as 10 days, to give the nonfiling spouse the opportunity to contest the discharge of
marital debts in bankruptcy.
The court determines how to divide property by evaluating several key factors, which
include the needs of each spouse, the standard of living of the parties during the marriage, each spouse's age as well as health and earning capacity, any established custody arrangement, each spouse's contribution to the marriage and
marital assets, and the income, assets and
debts of each spouse.
A detailed settlement agreement will typically
include a parenting plan, itemized list of
marital assets and
debts, and a distribution plan for those assets and
debts.
When the court divides property, it considers such factors as the length of the marriage, any prior marriages, the ages, health, lifestyle and income potential of each spouse, each spouse's separate estate and
debts, whether one spouse assisted in the education or training of the other and contributions to the
marital property
including the contributions of a homemaker.
You must attach a written separation agreement that documents the terms of your divorce,
including how you and your spouse plan to divide
marital property,
debts and child custody.
You should negotiate a written agreement that covers financial and personal issues,
including marital assets,
debts, financial support and child custody.
Along with dividing your
marital property, look at your
debts,
including your mortgage, credit cards and auto loans and decide who will make the payments throughout the separation and divorce.
A divorce is uncontested if both spouses agree to the divorce and are in complete agreement about dividing the
marital property (which
includes assets and
debts), the custody and support for any children, and whether one spouse pays alimony to the other.
The practice
includes, but is not limited to, divorce, custody, parenting time (formerly called «visitation»), alimony, child support, equitable distribution of
marital property and
debt, post-divorce disputes (i.e., custody / parenting time, alimony and child support modification and enforcement), domestic violence, DYFS cases, adoptions, and applications to relocate children from New Jersey incident to or after separation or divorce.
Recognized by SJ Magazine as a «Top Attorney» for many years, one of SJ Magazine's 2015 Men of Distinction, and as an Awesome Attorney by South Jersey Magazine, Bruce has over 25 years of experience handling all types of family law matters
including but not limited to divorce (
including complex divorce litigation), custody and parenting time (visitation), child support, alimony / spousal support, adoption, domestic violence, equitable distribution of
marital property, equitable allocation of
marital debt, child abuse and neglect (formerly DYFS) matters, same sex Civil Unions and Domestic Partnerships.
The fourth item it to look at your
marital debt, this would
include a mortgage, loans, credit card
debt.
It states the relief the petitioner seeks, which may
include custody of children, child support, division of assets and
debts, rights to any
marital property and anything desired in the separation.
Jack has experience handling all types of family law matters,
including but not limited to divorce, custody and parenting time (visitation), child support, alimony and spousal support, domestic violence, equitable distribution of
marital property, equitable allocation of
marital debt, and child abuse and neglect (DCP&P, formerly DYFS) matters.
Bruce P. Matez has over 20 years of experience handling all types of family law matters
including but not limited to divorce (
including complex divorce litigation), custody and parenting time (visitation), child support, alimony / spousal support, adoption, domestic violence, equitable distribution of
marital property, equitable allocation of
marital debt, DYFS matters, same sex Civil Unions and Domestic Partnerships.
The
marital settlement agreement for divorce or separation can
include a variety of terms, which pertain to topics such as property, accounts,
debts, child support, child welfare, personal welfare, alimony, and all other aspects of one's interpersonal or financial circumstances.
Bruce has over 24 years of experience handling all types of family law matters
including but not limited to divorce (
including complex divorce litigation), custody and parenting time (visitation), child support, alimony / spousal support, adoption, domestic violence, equitable distribution of
marital property, equitable allocation of
marital debt, child abuse and neglect (formerly DYFS) matters, same sex Civil Unions and Domestic Partnerships.
Marital property
includes most assets and
debts a couple acquires during marriage.
Recognized by SJ Magazine as a «Top Attorney» for many years, as one of the «Super Lawyers» by Thomson Reuters, and as an Awesome Attorney by South Jersey Magazine, Bruce has over 26 years of experience handling all types of family law matters
including but not limited to divorce (
including complex divorce litigation), custody and parenting time (visitation), child support, alimony / spousal support, adoption, domestic violence, equitable distribution of
marital property, equitable allocation of
marital debt, child abuse and neglect (formerly DYFS) matters, and same sex Civil Unions and Domestic Partnerships.
Recognized by SJ Magazine as a «Top Attorney» and «Awesome Attorney» by local publications for many years, Bruce has over 28 years of experience handling all types of family law matters
including but not limited to divorce, custody and parenting time, child support, alimony, equitable distribution of
marital property, equitable allocation of
marital debt, child abuse and neglect matters, adoption, domestic violence and more.
Our two - partner law firm focuses exclusively on family law matters that
include relocation, child custody and parenting time, modifying an original divorce decree, equitable division of
marital property and
debt and support matters.
Since Washington is a community property state with specific rules about the division of assets acquired by either partner during a marriage, dividing up your
marital property (
including debts) will also be required as a part of that process, just like in a divorce.
Only
marital property is divided between the spouses and typically
includes, all income during the marriage and everything acquired with that income, plus all
debts accumulated during the marriage.
The division of the
marital assets acquired during a marriage,
including marital debts according to what the court feels is fair under the circumstances.
The portion of the
marital estate —
including property and
debt — that you receive during the proceedings will likely have tax implications.
In making an equitable apportionment of
marital property, the family court must give weight in such proportion as it finds appropriate to all of the following factors: (1) the duration of the marriage along with the ages of the parties at the time of the marriage and at the time of the divorce; (2)
marital misconduct or fault of either or both parties, if the misconduct affects or has affected the economic circumstances of the parties or contributed to the breakup of the marriage; (3) the value of the
marital property and the contribution of each spouse to the acquisition, preservation, depreciation, or appreciation in value of the
marital property,
including the contribution of the spouse as homemaker; (4) the income of each spouse, the earning potential of each spouse, and the opportunity for future acquisition of capital assets; (5) the health, both physical and emotional, of each spouse; (6) either spouse's need for additional training or education in order to achieve that spouse's income potential; (7) the non
marital property of each spouse; (8) the existence or nonexistence of vested retirement benefits for each or either spouse; (9) whether separate maintenance or alimony has been awarded; (10) the desirability of awarding the family home as part of equitable distribution or the right to live therein for reasonable periods to the spouse having custody of any children; (11) the tax consequences to each or either party as a result of equitable apportionment; (12) the existence and extent of any prior support obligations; (13) liens and any other encumbrances upon the
marital property and any other existing
debts; (14) child custody arrangements and obligations at the time of the entry of the order; and (15) such other relevant factors as the trial court shall expressly enumerate in its order.
Other divorce financials that must be addressed in mediation
include alimony requests and the division of
marital property and
debts.