However, when a couple can not reach an agreement, the court steps in and decides
on the equitable division of marital property.
Not exact matches
Each school
division is obligated to inform officials of private schools located within the
division's boundary, that private, nonprofit elementary and secondary schools are eligible to participate
on an
equitable basis.
Indicatively, whereas in his 1951 book
on the abstract expressionists Hess noted, with a diplomatic reluctance, that Kline was «[p] ossibly influenced somewhat by de Kooning», in his 1962 obituary of Kline Hess could write, with a more
equitable division of praise for originality, that Kline's breakthrough was «certainly influenced by the examples and personalities of his friends Willem de Kooning and Jackson Pollock, just as surely as his spirit and personality would strongly mark their separate achievements».25
His decision was made in the Family
Division, but — many years after the disposal of financial issues between the parties — was decided
on equitable principles.
In a complicated construction dispute between window subcontractor and other construction professionals sued for
equitable indemnity and contribution, the Fourth District,
Division 1 reversed and affirmed some fee awards against window subcontractor after overturning a judgment
on the pleadings, affirming a summary judgment as to one party, and giving effect to a prior appellate decision overturning judgments in favor of the parties sued by window subcontractor.
When spouses are able to reach agreement
on all of the key issues involved in a divorce such as custody, support, and an
equitable division of property, it is referred to as an uncontested divorce.
Neil T. Magner concentrates his practice primarily
on family law, including divorce and legal separation, post-judgment modifications, child custody and support matters,
equitable property
division and paternity cases.
Whether you have a prenuptial or post-nuptial agreement, we can help you determine a fair
division of assets based
on New York's
equitable distribution laws.
Re Guidezone Ltd [2000] 2 BCLC 321 (Jonathan Parker J. — Chancery
Division) Petition seeking relief under Section 459 of the Companies Act 1985, alternatively winding up
on the just and
equitable ground.
Incasep Limited v Jones: [2002] EWCA Civ 961 Proceedings in the Chancery
Division and the Court of Appeal concerning the ability of the company to bring proceedings in its own name, directors» duties, unfair prejudice and winding up
on the just and
equitable ground.
Primary areas of expertise include
equitable distribution, definition of marital property, definition of separate property, valuation of marital property, divisionof marital property, classification and
division of retirement benefits, classification and valuation of professional practices, validity of marital agreements, construction of marital agreements, amount of alimony, duration of alimony, definition of income for child support, child support, child custody jurisdiction, child custody
on the merits, and admissibility of e-mails and other material taken off computers.
In New York, the law regarding marital assets
division during a divorce is based
on the concept of
equitable distribution.
As jointly owned property, it is subject to equal or
equitable division in the divorce, depending
on state law, regardless of whether it is titled only in one spouse's name.
Choosing the right law firm to represent you can make a dramatic impact
on your
equitable property
division settlement.
If the spouses can not agree
on a
division of the property through mediation, the court will divide the property in a fair and
equitable manner, without favoring one spouse over the other.
Division based
on either
equitable distribution or community property principles does not apply to separate property.
Rather, for those cases that are tried (because they can't be settled) the judges must focus
on establishing a parenting plan that the judge decides to be in the children's best interest, a support arrangement that is fair to both sides (without punishing either spouse), and a
division of property and debt that is fair and
equitable.
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.
Topics covered include conflict resolution styles, culture and conflict, conflict and mediation theory, mediation styles, facilitative mediation techniques, divorce and its impact
on children and adults, domestic violence, parenting,
equitable division of marital property, support arrangements, working with supporting professionals, ethics, continuing education, and marketing of your mediation practice.
Similarly, while Tennessee's property
division statute requires that marital property be divided «fairly and equitably,» Collaborative Divorce allows the parties also to run particular settlement ideas through the filter of a neutral financial expert, who may have ideas about how to divide the estate in a way that is legally fair and
equitable, but that also minimizes tax liability or maximizes growth
on retirement assets, for example.
And we'll help you come to fair and
equitable agreements
on child support, alimony, and property
division using our extensive knowledge of divorce finances.
It has no effect
on the outcome of child support, child custody or asset / debt
division (
equitable distribution).
Topics covered include conflict resolution styles, culture and conflict, conflict and mediation theory, mediation styles, facilitative mediation techniques, divorce and its impact
on children and adults, domestic violence, parenting,
equitable division of marital property, support arrangements, working with supporting professionals, ethics, continuing education, and marketing of practice.
Under the right circumstances it is not only a cost effective way to assist a divorcing couple reach an
equitable settlement
on issues relating to custody, spousal support and
division of assets, divorce mediation also paves the way to better communication between them.
In divorce and child custody cases, the contested issues vary depending
on the parties» unique circumstances, but generally they concern with whom the children will reside (physical custody), who will make decisions concerning their religious and educational upbringing, medical care and treatment, and extracurricular activities (legal custody), how the assets and debts of the parties will be divided (
equitable division of the marital property), and what kind of spousal support, if any, is to be paid by one party for the support of the other spouse.