Sentences with phrase «rights upon divorce»

A family lawyer can better advise you of your legal rights upon divorce or separation, whether you are married or common law.

Not exact matches

Among them are the rights to: bullet joint parenting; bullet joint adoption; bullet joint foster care, custody, and visitation (including non-biological parents); bullet status as next - of - kin for hospital visits and medical decisions where one partner is too ill to be competent; bullet joint insurance policies for home, auto and health; bullet dissolution and divorce protections such as community property and child support; bullet immigration and residency for partners from other countries; bullet inheritance automatically in the absence of a will; bullet joint leases with automatic renewal rights in the event one partner dies or leaves the house or apartment; bullet inheritance of jointly - owned real and personal property through the right of survivorship (which avoids the time and expense and taxes in probate); bullet benefits such as annuities, pension plans, Social Security, and Medicare; bullet spousal exemptions to property tax increases upon the death of one partner who is a co-owner of the home; bullet veterans» discounts on medical care, education, and home loans; joint filing of tax returns; bullet joint filing of customs claims when traveling; bullet wrongful death benefits for a surviving partner and children; bullet bereavement or sick leave to care for a partner or child; bullet decision - making power with respect to whether a deceased partner will be cremated or not and where to bury him or her; bullet crime victims» recovery benefits; bullet loss of consortium tort benefits; bullet domestic violence protection orders; bullet judicial protections and evidentiary immunity; bullet and more...

Divorcing parents» rights with respect to their children will vary depending on the type of custody that is agreed upon or ordered by the court.

none Spends millionaire dating sites free youth court nominal divorce hearing upon the plaintiff any rights that they may have thought of her taking home a lot of money in the process of confronting.

If you have already been through a divorce and do not care to go through the emotional uncertainty and the expense again, a prenuptial agreement can outline the rights and obligations you will have upon divorce, making the finalization of any divorce simpler and expedient.

Typically, a prenup with (1) limit the rights of the less affluent spouse in a property division upon divorce, (2) limit the less affluent spouse's inheritance rights, (3) limit the less affluent spouse's right to maintenance (a.k.a. alimony) upon divorce or legal separation, and (4) limit the less affluent spouse's rights to attorneys» fees in the event of a divorce.

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.

Central London County Court has held, at appeal, that it is seriously arguable that the differential treatment afforded by s 88 of the Housing Act 1985 to persons who become sole tenants consequent upon divorce and those who become sole tenants consequent upon widowhood is not compatible with Art 14, European Convention on Human Rights, in Samawi v Haringey LBC on 3 July.

Alabama law provides: «Upon granting a divorce, the court may give the custody and education of the children of the marriage to either father or mother, as may seem right and proper.»

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

It typically involves limitations on a spouse's rights to property, support, and inheritance upon divorce.

In divorce proceedings, spouses can agree upon the division of property, child - custody rights and financial support responsibilities, or they can enter into a court proceeding in which a judge rules on these challenging issues.

Yet, every couple I have worked with, or calls us, definitely wants some guidance on what their basic rights and entitlements are upon divorce, even if they end up not needing mediation.

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.

Note: This meant equal rights under the law to have custody determined upon divorce or separation, and does not imply the outcome of «joint custody» upon separation or divorce.

They see both parents as having equal rights to guardianship and custody upon divorce.

In divorce proceedings, spouses can come to an agreement upon the division of property, child - custody rights and financial support responsibilities, or they can enter into a court proceeding where the judge decrees on these challenging issues.

As it is argued by some that the right to bear arms guaranteed by the Second Amendment to the United States Constitution will be undermined by any attempt to place limits on the use of guns, so is it argued by its advocates that divorce mediation's very survival is dependent upon its certification, as it is only that certification that will justify divorce mediation to refer to itself as a «profession» and, as such, on a par with the legal profession and the mental health profession.

Often times as well, a spouse can be accused of «abandonment» of the marital home upon moving out which can effect their custody rights in a separation or divorce.

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.

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.