When emotions are riding high, individuals might engage in behavior that they wouldn't have previously imagined possible. One of the people in a divorce may be fixated on making sure their spouse "never sees a dime." So, what happens if one spouse is spending a lot of money before the divorce being final? Although marital fault is becoming less of a factor for many judges, the concept of economic fault remains essential when it comes time to divide [...]
Every child has the right to financial support from their parents until they reach the age of majority, which is between eighteen and twenty-one, depending on the state. In almost every case, the parent who has the children less than fifty percent of the time will pay child support to the other parent. There are exceptions. Some parents split child-rearing time 50-50 and make almost the same amount of money. Other times, the parent who spends the majority of [...]
For many pet owners, their furry companions are family. In many cases, both spouses want to spend time with and care for their family's dog or cat. A court views your pet as property, and they can only make the same sort of rulings for them as they would make for any other property. Thankfully, if you and your spouse can reach an agreement, you can create whatever kind of arrangement makes sense for you, your spouse, your [...]
Q: What is "custody?" A: The term "custody" refers to a parent's legal right or obligation to house and care for their children, and to make decisions concerning their upbringing, schooling, religion, medical care, and other matters. Q: What types of custody arrangements are available to us? A: The best custody determination occurs when both parents agree on custody matters without going to court. In these situations, their lawyers or mediator can draw up whatever agreement works for a [...]
Q: How much does a trial cost? A: Divorce trials can be costly. For your lawyer to prepare for and conduct a divorce trial seldom costs less than $10,000 to $20,000. Costs can go even higher, even up to $100,000 or more if the issues are complex, and include disputes such as the value of a self-owned business or a custody dispute where each parent desires primary custody. By the time your case goes to trial, you should have a [...]
Here are some frequently asked questions about alimony. Q: Is there a difference between alimony, spousal support, and maintenance? A: No. You may hear your attorney use these terms interchangeably because they are all different ways of describing the same legal concept. Although they can be used interchangeably, we will only use the term alimony for the sake of simplicity. Q: What is rehabilitative alimony? A: The most common purpose of alimony is to give one spouse, who [...]
No one wants to live with their ex, but deciding when, how, and whom to move out of the family home can be stressful and perplexing. Here are the key issues to consider. Can you afford to remain in the family home? If you or your spouse moved out, where would you go? Most likely, one of you will wind up renting an apartment or buying another home. Based on how much money you and your spouse have and how [...]
If you are seeking a divorce, the thoughts that loom largest are your reasons for ending your marriage. Depending on what shows you’ve watched, you may be expecting to state and prove each of these reasons. The truth is, however, you probably won’t have to do that. In most states, the court only needs to determine that the marriage is over to grant the divorce. However, you can raise these issues to show the court why it is [...]
Discovering that your spouse has been cheating can be a shocking revelation. If you've been cheated on, you might hope that a judge will set this injustice right. If you've been caught cheating, you may be wondering how it will impact your final divorce settlement. Here's what you need to know. How Judges View Adultery Remember, the judges handling divorce cases have heard countless stories about adultery. For better or worse, many judges have become desensitized to most of this—and [...]
Divorce is about division. The spouses are dividing one household into two. They are dividing their assets, time with their children, and their possessions. The first step is to take stock of what there is to divide. In most states, the starting point for your divorce is the "domestic relations financial affidavit" (DRFA). The DRFA is a sworn statement attesting to your household finances. This can include: Income Assets Debts Liabilities Monthly expenses Take your time to make for [...]