Sentences with phrase «parties upon their divorce»

It is this latter agreement which became the bone of contention between the parties upon their divorce.

Property is to be divided equitably between the parties upon divorce.

In the state of New Jersey, marital property is divided equitably between the parties upon divorce.

Not exact matches

It is always better, in case of couples who are going in for a divorce, to decide upon a custodial arrangement that is agreeable to both parties.

Rhode Island was unique in allowing divorce based upon other, more ambiguous grounds, as well... [as] an omnibus clause in the state's legal code authorized divorce based upon... «gross misbehavior and wickedness in either of the parties repugnant to and inconsistent with the marriage contract»... the relative vagueness of the terms «gross misbehavior and wickedness» left room for interpretation by Rhode Island judges.

Also, since the terms of the divorce have been agreed upon by the parties usually there is only need for one court appearance.

For example, in many states, property owned by one party before the marriage was commenced is not subject to division as marital property upon divorce and often the right to alimony following a short marriage that does not produce children is quite modest.

This document addresses any assets owned by either or both parties and identifies properties exempted from the property division upon divorce.

The amount of retirement to be divided upon divorce is dependent upon the number of years a spouse has served, the number of years the parties were -LSB-...]

The principle difference is that, whilst in divorce proceedings there are five facts upon which you can chose to support your application, when dissolving a civil partnership there are only four, because it is not possible to rely on the other party's adultery, unlike in divorce.

A written, premarital contract dealing with death and divorce which sets forth the rights and responsibilities of the parties upon occurrence of these events.

The Court has the power to order that periodical payments will commence upon granting of decree for divorce as part of the parties» financial remedy proceedings.

Contested divorce occurs when one party does not want the divorce to go through or when the elements of divorce can not be agreed upon.

Courts are protective of marital assets and do what they can to maintain the integrity of marital assets throughout the divorce proceedings so that the parties are in as well of a position as possible upon the dissolution of the marriage.

In an uncontested divorce in New York, the ability of the parties to resolve their differences, agree upon any child - related issues, and all financial issues are the most important factors in shortening this divorce process.

A postnuptial agreement is a contract between the parties, executed during the marriage, that addresses what will happen financially during the course of the marriage, in the event of divorce, the death of a party, or in other agreed upon circumstances.

Since the court is not called upon to resolve disputes between the parties, the cost of a negotiated settlement may be substantially less than a litigated divorce.

A «no fault» divorce from the bond of matrimony may be awarded upon a showing that for more than one year one of the parties intended to and the parties have continuously lived separate and apart without any cohabitation.

It is important to note that the parties may opt to prepare their own moving papers or, oftentimes, a couple doesn't consider mediation until long after they have filed for divorce and have already prepared their moving papers.It is ultimately up to the parties to agree upon how they proceed with the actual filing for divorce.

This form would follow the filing of the divorce complaint and tells the judge the specifics of how the marital property will be divided, agreed - upon amounts for child support and alimony, as well as indicating that the parties meet the Washington residency requirements.

In those cases where mediation is a good fit, and where it helped parties agree upon the terms of a parenting plan, there is sometimes a positive trickle - down effect on the rest of the details of the divorce.

This is an option for parties who have, may or will agree upon all aspects of their divorce.

Generally, a divorce has a basic range of fees and costs which are based upon many factors such as the legal issues to be resolved, the complexity of the facts and legal issues of the case, the other party's attorney, the judge assigned to the case, the willingness of the parties to be reasonable with each other, the emotions of the parties, the need for revenge or retribution of one or both parties, as well as countless other intangible factors.

Here, the master has been witness to a divorce impasse which may not resolve itself without intervention, and the parties» statements of good intentions should not be relied upon to bring about a reversal of a behavioral trend already witnessed.

The Agreement defines what the parties think would be fair and reasonable — it gives them the opportunity to decide for themselves what will happen to marital property upon the death of either spouse or divorce.

The agreement may provide for the disposition of marital property upon a divorce or separation of the parties, but may not adversely affect the right of child support.

The best interests of the children are paramount in every divorce and if the parents are unable to agree on custody, visitation and other important child - related issues, the court will make decisions that will then be imposed upon the parties.

Mediated divorce involves both parties to the relationship meeting with a neutral third party, who acts as a mediator and helps guide their individual wishes to a mutually agreed upon divorce settlement.

Whether a party is responsible for continuing payments on a divorcing spouse's student loans varies depending upon the court's decision.

Number of Sessions Required: The number of sessions required to reach agreement in a mediated divorce depends upon the complexity of issues involved, the level of conflict, and whether both parties are «agreement - ready.»

Temporary spousal maintenance, if any, ends when the NYS judge presiding over the divorce issues the Judgment of Divorce or upon the death of either party, whichever occursdivorce issues the Judgment of Divorce or upon the death of either party, whichever occursDivorce or upon the death of either party, whichever occurs first.

The flagship organization for Collaborative Divorce, the International Academy of Collaborative Professionals» (IACP) website includes the following in its basic description of Collaborative Divorce: «Each party must be represented by a lawyer whose representation terminates upon the undertaking of any contested court proceeding.»

A Collaborative Divorce allows the parties to draw upon the expertise of various professionals trained to help them arrive at solutions which promote their long term best interest.

Despite anything contained in this Part, if a divorce order has been made in relation to a marriage, the court may, at any time before the order takes effect, upon the application of the parties to the marriage, rescind the divorce order on the ground that the parties have become reconciled.

With the advice and assistance of counsel, coaches, financial planner, parties generally agree upon a full settlement of all issues relating to the children, finances, assets and liabilities and a divorce judgment incorporates that agreement as part of its order.

Collaborative Practice is an international network of legal, financial, mental health and other professionals who assist parties facing separation, divorce or other difficult matters in a healthier, non-adversarial process based upon integrity, direct discussion and cooperation.

Previously, a party seeking to change his or her name back to a former name upon divorce had to request that the court order the name change in the final judgment of absolute divorce.

The terms of the divorce are agreed upon by the parties rather than imposed upon them by a Court.

A party marrying later in life with few retirement assets may worry about waiving rights that a court might grant upon divorce or to which he or she would be entitled at death.

Divorce attorneys usually assist in negotiation and mediation between parties to help make sure fair settlements have been agreed upon before the case is presented to a judge.

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.