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California Property Division Laws DivorceNet

Details: California Property Division Laws. The Basics The Basics California Divorce: Dividing Property. In a divorce, dividing property is often one of the most complicated tasks for spouses. In California, divorcing spouses must split any property acquired during the marriage, but there are some exceptions.

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California Child Custody Laws DivorceNet

Details: California Child Custody Basics. California Child Custody Laws. California courts award custody of children based on the "best interests of the child" standard. Here's how it works. Parental Alienation and Child Custody in California. Child custody disputes are stressful on clients, attorneys, judges and, most importantly, the children.

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Same-Sex Law DivorceNet

Details: It wasn’t that long ago that same-sex marriage seemed like an impossibility. Now, though, same-sex marriage is legal in 16 states and the District of Columbia, and several other states have laws under which same-sex couples can enter into domestic partnerships or civil unions that are the legal equivalent of marriage.  Any same-sex couple in America can travel to one of the marriage

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The Seven Rules of Alimony and Taxes DivorceNet

Details: The IRS imposes seven requirements on taxpayers seeking to deduct alimony payments: Make payments in cash or by check. You must pay alimony by cash or check for the benefit of a spouse or former spouse. The value of in-kind alimony—for example, giving your spouse your car—isn't deductible.

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Colorado Divorce and Family Law DivorceNet

Details: Laws governing how marital property is divided at divorce vary from state to state. Colorado law requires a division that is equitable, meaning that it is fair--it doesn't necessarily have to be exactly equal. Some couples are able to agree on how to divide everything on their own, while others seek the help of attorneys or a mediator to

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Tennessee Child Custody and Parenting Plans DivorceNet

Details: Tennessee custody laws prohibit a judge from basing custody decisions on a parent's gender. Yet, in many cases mothers are more likely than fathers to be awarded primary residential parent status. This happens not because of bias, but because mothers still perform most parenting duties in our society.

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Palimony DivorceNet

Details: The term "palimony" was made famous in the California case of Marvin v. Marvin, 18 Cal.3d 660 (1976). The Marvin case involved actor Lee Marvin, who had been living with Michele Triola for a number of years. Triola claimed that Marvin had agreed to support her financially.

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Legal Separation DivorceNet

Details: Legal separation is a legal proceeding (very similar to a divorce) through which a married couple petitions (asks) a court to allow them to live separate and apart and end any marital obligations to one another. The only difference is that the couple is still technically married - that is, they have not ended their marital status and cannot

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Child Custody and Relocation Laws in California DivorceNet

Details: Child Custody and Relocation Laws in California. What happens when one parent moves away. By Kristina Otterstrom, Attorney. When parents divorce or separate, it naturally brings changes to a family. Many parents move following a divorce, whether to begin a new job or a new life. A judge can't force a parent to remain in the state following a

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Child Custody and Visitation Laws in Rhode Island DivorceNet

Details: Rhode Island Custody Laws. When parents separate or divorce, a judge will enter an order designating physical and legal custody. Parents can reach custody agreements on their own or through mediation. A judge will review any custody agreement to ensure that it serves a child's best interests.

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Child Support in Oregon DivorceNet

Details: Oregon Child Support Laws. In Oregon, both parents are responsible for child support. However, your custody arrangement can impact which parent pays support. Typically, only the "noncustodial parent" (parent who spends the least amount of time with the child) makes payments. The "custodial parent" ( parent who lives with the child) remains

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Alimony and Bankruptcy Issues DivorceNet

Details: General rule regarding alimony in bankruptcy The general rule is that an alimony obligation doesn't just disappear in bankruptcy. Filing for bankruptcy to avoid an obligation to pay spousal support is a bad idea, because domestic support obligations cannot usually be "discharged" (cancelled or forgiven) in a bankruptcy proceeding.The general rule is that a debt for a "domestic support

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Prenuptial Agreements in Michigan DivorceNet

Details: 7031 Koll Center Pkwy, Pleasanton, CA 94566. master:2021-09-01_13-27-00. Prenuptial agreements have started to shake their poor reputation in the last few decades. A recent poll showed that 44 percent of singles and 49 percent of divorced people think having a prenup is a good idea. No longer just a tool for the super wealthy, today both men

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Legal Separation in West Virginia FAQs DivorceNet

Details: Unlike most states, which generally only offer one option for no-fault divorce, West Virginia allows couples to allege either (1) irreconcilable differences, or (2) that you and your spouse have lived separate and apart, continuously, without cohabitation, for one year or more. (W. Va. Code §§48-5-201, 48-5-202.)

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Understanding and Calculating Alimony in Massachusetts

Details: Laws ch. 208 § 52 (2018).) Modifying Alimony Orders. Unless both spouses agree otherwise, the court can modify (change) general term and rehabilitative alimony if the requesting spouse demonstrates that there is a material change of circumstances since the last order. Modification may be permanent, indefinite, or for a specific duration.

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Remarriage and Alimony in North Carolina DivorceNet

Details: North Carolina Cohabitation Laws. An alimony award terminates in North Carolina when the dependent spouse cohabits with another person. In North Carolina, "cohabitation" is defined as two adults living together continually, in a relationship similar to married persons.

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Child Support in Nevada DivorceNet

Details: Calculating Child Support in Nevada. Although the state legislature may change the following numbers from year to year, here are the percentages of gross monthly income required for child support in 2020: for one child, 18%. for two children, 25%. for three children, 29%.

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The Basics of Annulment in Indiana DivorceNet

Details: Grounds For an Annulment. There are a number of grounds that may make your marriage eligible to be annulled. In Indiana, this is also called having a void marriage. A marriage may be void on the following grounds: one spouse was underage at the time of marriage. one spouse was convinced to …

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The Basics of Annulment in Alabama DivorceNet

Details: The party who is seeking an annulment in Alabama is responsible for proving (meaning, has the burden of proof) that the marriage is invalid. An important line of cases in Alabama's law holds that a marriage can be annulled if there has been a fraud that goes to "the essence of the marriage relation" (meaning, the heart of the marriage).

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Prenuptial Agreements in Maryland DivorceNet

Details: Prenuptial agreements, also called "antenuptial" or "premarital" agreements in Maryland, are written contracts between prospective spouses where they agree how certain issues, such as property division and alimony, will be decided if they happen to divorce.

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Child Support in Kentucky DivorceNet

Details: Child support is a monthly payment that a parent makes to help cover the costs of raising a child. In Kentucky, both parents have a financial responsibility to support their child (or children), but typically, only the non-custodial parent makes payments.

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Retirement and Alimony in New Jersey DivorceNet

Details: 7031 Koll Center Pkwy, Pleasanton, CA 94566. master:2021-10-20_10-59-58. If you have a marital settlement agreement requiring alimony payments in New Jersey, or if the court ordered alimony in your New Jersey divorce case, the court has the power to order …

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The Basics of Annulment in Connecticut DivorceNet

Details: Connecticut's laws specifically require the superior court to equitably (fairly) divide a couple's property and debts when it decides an annulment case, just like a divorce. Resources The Connecticut Judicial Branch Law Library maintains a webpage with extensive information about annulment in Connecticut, including research guides, statutes

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Adultery in Arizona: Does Cheating Affect Alimony

Details: As a result, the law makes it more difficult for couples in a covenant marriage to obtain a divorce. To that end, you might have to prove fault in order to end the marriage. Under Arizona divorce laws, adultery is one of the fault-based grounds for ending a covenant marriage. (Ariz. Rev. Stat. § 25-903.)

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The Basics of Annulment in Oklahoma DivorceNet

Details: A marriage that takes place before the expiration of six months from the date either spouse was divorced is a voidable marriage. In order to annul such a remarriage, an annulment action must be brought within the six-month period. However, Oklahoma law does not allow a marriage to be annulled on this ground if the spouses continue to cohabitate

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The Basics of Annulment in Georgia DivorceNet

Details: Grounds for an Annulment in Georgia. In Georgia, your marriage can be annulled if it is "void," meaning that it is prohibited by law or never had the potential to be valid. The reasons, or "grounds," for annulment are: One or both spouses was mentally incompetent at the time of the marriage ceremony. One or both spouses was underage at the time

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Prenuptial Agreements in Pennsylvania DivorceNet

Details: The laws governing prenuptial agreements vary from state to state. This article provides an overview of prenuptial agreements in Pennsylvania and discusses the elements needed to make an agreement enforceable. If you have questions, you should contact a local family attorney for advice. What Is a Prenuptial Agreement?

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Should I Create a California Prenuptial Agreement

Details: In California, these laws are the California Family Code and Probate Code. The choice is between a set of rules negotiated by you and your fiancé, or those imposed by the State, over which you will have no control. And remember, prenups can be drafted to protect both spouses, not just a wealthy spouse.

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The Basics of Annulment in Ohio DivorceNet

Details: Void marriages are invalid immediately and do not require a court order to be annulled. By contrast, annulment of a voidable marriage in Ohio requires a trial and hearing before a judge to prove the grounds for annulment. In certain circumstances, an action for annulment can be brought by parents if their child was under age the age of consent

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