Although child support is addressed separately, it can be affected by other issues in the case, such as custody, alimony, and the division
of property and debts.
In accordance with equitable distribution standards, the judge will divide
marital property and debts in a way that is fair based on the circumstances.
The guide outlines the financial decisions that need to be made, steps to take and things you should know about
dividing property and debts.
In dividing and distributing the marital estate, the court goes through a discovery process to classify
property and debt as marital or separate.
A family law attorney can help you reach a fair settlement
on property and debt issues before filing for divorce, preventing future obstacles and argument.
As your neutral Collaborative financial professional, I help you identify, document and value your community and
separate property and debt, document your income and estimate your expected future expenses.
Basically, the purpose of these forms is to provide both parties a full picture of
what property and debts there are, as well as what the household income and expenses are.
The portion of the marital estate —
including property and debt — that you receive during the proceedings will likely have tax implications.
Equity Usually defined as the difference between the market value of a piece of
property and any debts against it, such as outstanding mortgages, claims, liens, rights or liabilities.
Any issues,
e.g. property and debt division, child custody, child support and alimony, should also be described in the complaint.
Much of our practice is dedicated to resolving divorce - related issues such as child custody or
property and debt division through mediation and collaborative law methods, or through the courts.
Property is divided on an equitable - distribution basis, which often results in an equal split of
marital property and debt.
The court will go through a discovery process to determine
what property and debt should be classified as marital or separate.
Our Vancouver Mandarin Chinese family property lawyers and Cantonese speaking family asset lawyers regularly handle inter-jurisdictional support and international
family property and debt division cases.
In such agreements, spouses typically outline
how property and debts will be divided, amount and duration of any spousal maintenance, and a parenting plan outlining custody and visitation obligations if there are children of the marriage.
- Identify all property (real, personal, financial) and debts; - Characterize all property or debts as separate or community; - Establish values for all property; - Divide
property and debts fairly between the two people; - Decide what if any spousal support is appropriate; and -(If you have children) Work out a parenting plan and child support.
He commented at para. 140, «some of the challenges with interpretation seem to arise from the drafters» decision to deal
with property and debts together».
If you and your spouse are in agreement
regarding property and debt division, custody, visitation and child support of any children, and alimony, you may enter into a marital settlement agreement.
Kentucky is an «equitable distribution» state, which means Kentucky courts divide marital
property and debts equitably between spouses, but not necessarily equally.
Florida law details
which property and debts are marital, meaning they belong to both spouses, and which are separate (nonmarital), meaning they belong to one spouse alone.
Attorney Barbara E. Hecht has more than 35 years of experience resolving
complex property and debt division issues, including those that involve military pensions, businesses, stock options, qualified domestic relations orders (QDROs) and ERISA defined benefit plans.
Case law provides that
property and debt orders in the Decree may not be enforced with a contempt action unless they are related to support of the family.
Filing for no - fault divorce doesn't mean that your spouse agrees to give you the things you've asked for in your petition, such as custody or terms
for property and debt division.
She indicated that whereas she learned some new things
about property and debt distribution, she was already competent in the areas covered, other than LLLT ethics rules.
Reinvest Cash Proceeds and Replace Debt To achieve total tax deferral, all cash proceeds from the sale of the relinquished property must be reinvested in the
replacement property and any debt relieved must be replaced or netted with new cash.
The parties have accumulated certain community, joint and
common property and debts during the coverture of the marriage which should be equitably divided.
We're expertly versed in the intricacies of the Ontario Family Law Act related to Ontario family property and
excluded property and debt division.
Along with the Stipulation, the parties file documents setting forth how they wish to divide their assets and assign parenting time and custody rights as well as a Settlement Agreement,
Property and Debt Listing Form and a Parenting Plan.
Wisconsin is a community property state, meaning the court generally distributes marital
property and debt equally, but may modify the distribution depending on the circumstances of a given case.