Sentences with phrase «spouses upon divorce»

Thus, it is generally divided between spouses upon divorce.

Because Arizona is a community property state, family law courts generally distribute marital assets equally among spouses upon divorce.

Not exact matches

The key is recognizing that there is a disconnect in a legal structure that encourages specialization during marriage but then, upon divorce, often treats such specialization as simply an individual «choice» made by the caretaking spouse.

One of the most common is when one spouse applies for a credit card partially based upon the other spouse's income — and then they get a divorce.

Our Vancouver Divorce Lawyers explain that spouses generally get 50 % of all family property upon marriage break down as per the BC Family Law Act, unless it would be significantly unfair to divide them 50/50.

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.

However, if a spouse has a successful career in the entertainment industry, such a factor plays a huge role in seeking spousal support upon a divorce.

When divorcing a spouse, the choices made prior to the divorce being finalized will impact most areas of your life, including your last name, address, and your assets upon leaving the marriage.

how property will be divided between the spouses upon separation, divorce, or death of either spouse

Without full disclosure, the court might set aside the prenuptial agreement, absolving its efficacy in protecting each spouse's financial security upon divorce.

(Pending divorce cases also abate upon the death of a spouse, but most other civil cases do not.)

A request for attorney fees may or may not be an issue in your case depending upon each spouse's respective incomes and financial resources and their respective reasonable or unreasonable positions in the divorce case.

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-...]

A spouse can file for a for - cause divorce based upon certain conduct by his / her spouse, including abandonment, cruel and inhumane treatment, adultery, or imprisonment.

These include preparing stipulations and paperwork for spouses who agree upon the major divorce issues so that court appearances are kept to a minimum.

It's important to note that no - fault divorces are not necessarily uncontested, as uncontested divorce means that both spouses have agreed upon issues such as alimony and child custody.

The article focuses upon tort action between former spouses outside of the divorce context.

The length of time from start to finish for a divorce action depends upon how quickly you (or your lawyer) finish the paperwork, how easy it is to locate and serve the documents on your spouse, and how many complications there are in the case.

Allowing one spouse to conditionally forgive the other spouse for misdeeds and take that spouse back upon the condition of future good behavior not only reduces divorce but also allows spouses to act merciful towards each other -LSB-...]

There is an interaction between the probate laws that govern the distribution of property upon death, and the marital property laws that govern distribution of property between divorcing spouses.

Upon the entry of a divorce decree, entireties property converts to a different form of ownership in which each spouse owns a 50 percent share if they have not made an agreement or litigated in court to resolve their property ownership.

As part of the financial settlement upon divorce / dissolution of a civil partnership, claims in respect of the children are dealt with as part and parcel of the claims between the spouses / civil partners.

If financial or divorce coaches are needed, you and your spouse can bring in these professionals as mutually agreed upon.

A court order dismissing your spouse's claims against your estate upon death may not prevent a claim if you continue to live together If a person lives with their ex-spouse after they divorce, can he / she make a claim against their...

A judge might not grant your divorce unless you and your spouse have decided and agreed upon spousal maintenance, child support, child custody, the division of property, and several other issues, as well as following the correct Arizona divorce process.

Thus, a spouse who has committed adultery may not be entitled to receive spousal support upon separation (but can receive APL in the exact same amount once a divorce action is filed).

Prenuptial agreements may determine which property and debts should be divided upon divorce, which property should be excluded, which property should be excluded from the probate estate when one of the spouses dies, whether alimony should be paid upon divorce or separation and if so, how much and how long.

In Vickers v. Vickers, the court as part of a divorce action ordered the spouses to agree upon and retain: a) a «certified real estate valuator» to appraise their matrimonial home, and b) a real estate agent to sell it.

One year after the filing of the Court's judgment of separation, either spouse may sue for a «no - fault» divorce, based upon one year of living apart.

Upon divorce, and during a separation (in fact) of the spouses prior to a divorce, a Court can enter orders regarding property division or maintenance (and child support, if relevant) if the husband can be served with process, and as to any property that the Court can gain control over.

In many divorce settlements, one spouse owes alimony payments to the other which would cease upon his or her death.

In divorce mediation, the mediator's main role is to assist in maintaining communication between spouses, as well as the environment necessary to develop a mutually agreed upon divorce (or post-divorce) agreement that can be submitted to the court.

When money is not an issue, you should seek legal counsel immediately upon learning that your spouse wants a divorce.

If you and your spouse can agree on a value, that agreed - upon amount should be included in your divorce settlement agreement, and / or any separate stipulation or written agreement you enter into regarding the sale of the home.

Upon examining the benefits and detriments regarding each divorce process, spouses can avoid significant mistakes, which may otherwise ultimately cost families far more than they initially believed.

If you and your spouse are able to agree upon the terms of your divorce it could be finalized within months.

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

Because California is a community property jurisdiction, upon divorce, each spouse is entitled to half of all...

The Tampa uncontested divorce attorneys at All Family Law Group, P.A. can help you with your uncontested, agreed upon divorce for a flat fee IF you and your spouse fully agree upon the terms of your divorce.

A spouse can file for divorce based upon the no - fault ground of incompatibility, which requires little proof, but an Ohio court can only grant a divorce based on incompatibility if both spouses agree.

So, if you lose your job after your divorce is over, you must still pay your spouse the agreed - upon alimony.

Agreeing spouses can draft a settlement agreement, which the court will review — and incorporate it into the divorce decree upon approval.

Agreements made between divorcing spouses are generally looked upon favorably by the divorce courts.

A divorce agreement, also known as a settlement or separation agreement, is where spouses outline the mutually agreed - upon terms of their divorce.

This differs from states that split marital property 50/50 upon divorce and relies more on factors relevant to both spouses when dividing assets and liabilities.

As such, it presumes that any property spouses acquire during their marriage is community property - the property of both spouses - and divisible upon divorce.

In some cases, spouses may choose to execute a Reconciliation Agreement whereby certain spousal expectations are delineated along with agreed upon financial distributions if a divorce occurs.

Divorce mediation is a collaboration between yourself, your spouse and a neutral divorce mediator to create a mutually agreed upon separation agreement which outlines the future of your livesDivorce mediation is a collaboration between yourself, your spouse and a neutral divorce mediator to create a mutually agreed upon separation agreement which outlines the future of your livesdivorce mediator to create a mutually agreed upon separation agreement which outlines the future of your lives apart.

When using mediation, this separation agreement will be a mutual and collaborative document that outlines all aspects of your divorce and clearly states the terms you and your spouse have agreed upon.

The end product of your divorce mediation process is your Separation Agreement - a legal, collaborative document which outlines all aspects of your divorce and clearly states the terms you and your spouse have agreed upon.