Questions tagged [divorce]

Legal dissolution of a marriage; also appropriate on questions about separation of spouses in places where you can be spouses without being married.

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Filing taxes jointly while legally separated

My ex and I are legally separated in Colorado. Under CO law we're still technically married. When we filed the JDF 1115 financial declaration form, we checked the box saying that we'd be filing ...
Lake Drinker's user avatar
2 votes
1 answer
64 views

Why might a court not be allowed to order the sale of home owned by a tenancy of the entirety?

I am reading a case from 1978, Kahn v. Kahn, in which the Court of Appeals in New York debated whether it had the authority to order the sale a couple's home during divorce proceedings. The principal ...
lgshost's user avatar
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1 vote
2 answers
199 views

Does employment change during divorce proceedings affect spousal support/asset division?

Spouses A and B are divorcing. Divorce started in December 2023. It's a contested divorce, with no settlement, so goes to the judge. There are no dependents to complicate the picture. In the middle of ...
user17760's user avatar
  • 308
0 votes
2 answers
96 views

How are the assets of a married couple protected or controlled during divorce proceedings?

Let's say one spouse is a business owner and is affluent. The other spouse may work part time, but does not have any significant assets in their own name. Once divorce proceedings have begun, ...
Michael Hall's user avatar
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-5 votes
5 answers
208 views

What exactly determines the gender of a party in a divorce case?

We have a divorce case, husband X divorcing wife Y. However, somewhat simultaneously, wife Y is undergoing a Female-to-Male transition. What exactly would be the necessary trigger/condition for the ...
user17760's user avatar
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0 answers
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In an English divorce, is it actually possible to draw up a financial consent order without a professional?

In England, the financial aspect of a divorce is separate from but dependent on the legal ending of the marriage. While it isn't technically compulsory, it's generally reckoned to be a very good idea ...
Chris H's user avatar
  • 171
4 votes
3 answers
907 views

Divorce court jurisdiction: filing

Is there a uniform rule on where a spouse can file for divorce? I can see 4 possible jurisdictions: Where the couple married Where the filing spouse lives Where the non-filing spouse lives, if ...
user0306's user avatar
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7 votes
3 answers
3k views

Does divorce affect citizenship?

Assume a woman marries a foreign man for the purposes of him gaining citizenship. They stay married for a few years but never actually develop a real romantic relationship and by this point the woman ...
Ethan's user avatar
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1 answer
93 views

Implications of subversive harassment [closed]

What are the implications of causing someone distress in some subversive fasion to the extent that they quit their job, get a divorce, run away, leave my establishment, or begin to cause defimation? ...
Chezzwizz's user avatar
  • 127
2 votes
1 answer
42 views

Credit union error on paperwork

Can a credit union be held liable for leaving off an account holder on a savings account? A friend is getting a divorce and just found out all her savings was placed into an account with only her soon ...
Kimberly 's user avatar
-5 votes
1 answer
95 views

Societally Imposed Divorce [closed]

Sometimes we meet couples who have readily divorced but who clearly should not have done so - or at least not till common processes available to endangered marriages were tried. Then again, we ...
Trunk's user avatar
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2 votes
3 answers
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Do wives get 50% of net worth after the divorce as well, or just the net worth at the time of divorce?

If filing for divorce, do wives get 50% of net worth after the divorce as well, or just the net worth at the time of divorce? Is there a difference between the US and Canada? What about property?
Cybernetic's user avatar
0 votes
1 answer
111 views

How do you write a prenup purely for the benefit of your child(ren)?

If there are no kids then you want the prenup to be nothing. If there are children then you want some sort of clause that means money spent helps them. Like money spent on divorce lawyers means money ...
Sam Dean's user avatar
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9 votes
1 answer
3k views

Hypothetical POTUS divorce

If the spouse of the President of the United States filed for divorce, would the President have any claim of immunity from any litigation that followed (e.g. the division of assets in the matrimonial ...
BakedAlaska624's user avatar
-2 votes
1 answer
214 views

Grounds For Divorce in Massachusetts

If my wife wants to divorce me, does she need my consent? Does she need grounds - like I cheated (which I didn't and would never do).
birdpoolcleaner's user avatar
-5 votes
1 answer
185 views

What is the rationale for alimony or 50/50 asset splits?

Pearl Davis opined, “okay we got a big super chat, ‘why is she awarded alimony and child support if she went to college and got ran through the whole premise of going to college is what if he leaves’— ...
TylerDurden's user avatar
-3 votes
1 answer
89 views

Assuming a mortgage in a divorce [closed]

My soon to be ex-husband and I bought a house together in 2017 - we are on a conventional 30-year ARM mortgage with a current rate of 3.37% until November 2027. We are now getting divorced, and I am ...
user3644951's user avatar
4 votes
2 answers
779 views

Does owning a house before the marriage exempt it from divorce asset division?

If someone owns a house before marriage, would that house be exempt from asset division in divorce? For simplicity, assume that otherwise, asset picture is fairly simple and even (2 working spouses ...
user0306's user avatar
  • 1,651
14 votes
6 answers
7k views

If a man's name is on the birth certificate, but all were aware that he is not the blood father, and the couple separates, is he responsible legally?

Mother was already pregnant with twins when they got back together. She asked him to be on the birth certificate so that the bio dad couldn't have any claims on them. The bio dad has not ever even ...
Cathy Bentley's user avatar
1 vote
0 answers
153 views

How can one search for matrimonial cases in the New Jersey court system?

Can anyone help me in my quest for finding updated listings of matrimonial cases in New Jersey? I have looked at the "Find a Case" page of the New Jersey Courts website but I cannot find any ...
lgshost's user avatar
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0 votes
1 answer
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Alimony on gross salary

How does someone pay alimony on their gross salary if they are employed by someone else? Suppose the partners agree on giving half of the gross monthly salary as alimony. If said person has X gross ...
MOON's user avatar
  • 109
-2 votes
2 answers
96 views

Have a child but reduce the risk of child support [duplicate]

Lets say a Man and a Women agree to have a child. But the Man want's to make sure that before they have a child the man is granted full custody over the child and that the women can never file for ...
user55665484375's user avatar
-1 votes
1 answer
181 views

Divorce without the process of divorce; is it possible to obtain a dissolution after 15 years?

Suppose a couple eloped to Idaho in 2008. They have not seen each other since 2009. Suppose that one lives in Washington and then other lives in Colorado. Is there a way for such a couple to get a ...
Nearsighted's user avatar
3 votes
1 answer
277 views

Alice wants a divorce but Bob does not. What can Bob do to stonewall the process and what are the consequences of doing so?

Alice wants to get a divorce from Bob. Bob is an upstanding member of society. There is no credible case against Bob for any crimes or impropriety (no abuse, infidelity, etc). Bob does not want Alice ...
TechnoSam's user avatar
  • 187
1 vote
2 answers
90 views

*Buecking* holding finds that cooling-off days for decrees of transitory legal separation do not count for in rem decrees of divorce

The Buecking holding unambiguously finds that cooling off days for transitory decrees of legal separation do not count for cooling off days in rem decrees of divorce. The Dissolution Act of 1973 ...
QZ23's user avatar
  • 275
1 vote
1 answer
56 views

How are non-monetary assets valued in the divorce?

In case of divorce, let's say spouse A purchased an expensive item for $X, when fair value for it at purchase would be $Y, assessed resell value at time of divorce is $Z, and depreciated accounting ...
user17760's user avatar
  • 308
6 votes
2 answers
2k views

Can one's personal electronic accounts be forced to be made accessible in a civil case like divorce?

If there's a criminal case, the police can get a warrant to access someone's electronic communications without the suspect's consent. What about a civil case (if it makes a difference, let's say ...
user17760's user avatar
  • 308
-1 votes
1 answer
153 views

How does "sexual desertion" get determined by the court?

I was reviewing a link supplied by a helpful user regarding my earlier question, listing various legal grounds for divorce in New Jersey, and found this interesting tidbit: 4. Desertion Desertion is ...
user17760's user avatar
  • 308
4 votes
2 answers
358 views

Why is "standard of living" a consideration in divorce asset division?

Why is "standard of living" a consideration in divorce asset division for adults at all, if children aren't involved? In my layman's mind: Nobody is entitled to a "standard of living&...
user17760's user avatar
  • 308
1 vote
0 answers
92 views

Can funding children's college education be mandated during divorce?

If a married couple are divorcing, can the judge mandate that one of the spouses fund the children's college education (if the details matter, let's say the children are teenagers but not of college ...
user17760's user avatar
  • 308
1 vote
1 answer
128 views

How much leeway does NJ court have in spousal support and asset division amounts?

I was told (not a lawyer, not told by a lawyer, so maybe incorrectly) that in New York divorce cases, there is a standard formula that computes spousal support amounts and asset division, presumably ...
user17760's user avatar
  • 308
-1 votes
1 answer
52 views

How should I make a Asset Protection Irrevocable Trust? [closed]

I want to make a irrevocable trust to protect me against potential lawsuits and future divorce (I am not yet married). At the same time, I want to be able to invest my assets (cash/securities right ...
Noel's user avatar
  • 107
3 votes
1 answer
140 views

Is there any law saying the all in-kind benefits must be reported as income for child support calculation?

I’m a fully employed divorced person living in Arkansas. My ex-spouse is unemployed, however, he’s getting his rent paid by some organization, and all other fees paid by someone else. My ex-spouse ...
user47385's user avatar
0 votes
0 answers
54 views

How to prevent exposing inheritance money in a trust in case of divorced?

With inheritance money in a trust, if parents give us money for a house, will that expose all trust funds in a divorced in California? Not worried about the "commingled" money given, only ...
ki gojer's user avatar
15 votes
4 answers
5k views

Can a person go to the court if she signed a contract not to go to court?

Suppose a couple signed a prenuptial contract that said they couldn't go to court regarding their divorce and custody of children. Everything must be resolved through mutual consensus and consultation ...
user366312's user avatar
4 votes
1 answer
353 views

If you marry someone with student debt, does half it become your debt?

So if you divorce, you would own half of their debt?
Bear Bile Farming is Torture's user avatar
1 vote
1 answer
70 views

court appearance when stay order from higher court

In India for a relative's divorce case, a petition is filed in high court against a case in lower court. The higher court has issued a stay order. But my relative's lawyer in lower court says he still ...
Raj's user avatar
  • 201
2 votes
2 answers
635 views

Is losing a lot of money in day trading before divorce something that can be fought in court?

Is losing a lot of money in day trading before divorce something that can be fought in court? Husband had already moved out and lost a lot of money day trading but was not divorced at the time. To ...
naiva's user avatar
  • 139
1 vote
3 answers
2k views

Child move out does parent still pay child support

If one parent (the husband) has to pay child support for a certain amount, but the child moves out of the mother's home, can the husband legally stop paying child support? If so does he have to go to ...
naiva's user avatar
  • 139
9 votes
1 answer
3k views

Divorced mom pays mortgage. She wants to get title in her name

A divorced mom pays the mortgage on and lives in a house, but the house title is in both parents' names. The father is gone. The mom wants to move, but can't sell the house. How can the mom get the ...
Daniel Caoili's user avatar
-2 votes
3 answers
250 views

Could marrying a career woman help you escape alimony?

Is it generally accepted that if a woman has access to a profession that she can support herself with that you could use this fact to escape alimony? I believe this to be so but is it in fact true. I ...
Neil Meyer's user avatar
  • 4,879
0 votes
0 answers
47 views

Arizona - continued fees after request for termination

I changed law firms for divorce representation in arizona, due to not being satisfied with the initial law firm. After notifying the first law firm that I would like to terminate their services and ...
lizard's user avatar
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2 votes
1 answer
1k views

Must we show our prenup agreement to the immigration office/officer?

If two person want to get marry together, but also like to have a prenup agreement as well, and one of the guys is on a non-immigrant student(F-1) visa, should they also provide their prenup agreement ...
GoodMan's user avatar
  • 451
1 vote
2 answers
129 views

Must couples divide only their joint properties after getting divorce or all of it?

Must couples divide only their joint properties after getting divorce? If the man buys a house or a car after marriage in his name, or has bank accounts or investments in his name, must he give 50% of ...
GoodMan's user avatar
  • 451
0 votes
2 answers
217 views

Should "Prenuptial agreement" be provided while getting marriage licence?

If two person want to get married and both are agree with writing a "Prenuptial agreement", should they provide it while they want to get their marriage license or there is no need to ...
GoodMan's user avatar
  • 451
1 vote
1 answer
53 views

Can a f-2 visa holder request for status termination to re-marry a US citizen?

If someone came to the US with F-2 visa while she and her husband (F-1 visa holder) are not US citizens nor permanent residents, and their marriage happened in their home country, can she (F-2 visa ...
GoodMan's user avatar
  • 451
0 votes
1 answer
176 views

Should foreigners file divorce in the US if they would do it in their home country embassy in the US?

If two foreigners come to the US with F-1 and F-2 visas, while they got married in their home country, if they file a divorce request in their own country embassy and it gets approved and they get ...
GoodMan's user avatar
  • 451
2 votes
2 answers
446 views

Is it possible to keep your money after getting divorce in the US?

If an F-1 student in the US, gets married with a US citizen, how can he protect his money if a divorce happened in the future? Specifically if he has a plan to establish a company and run a business ...
user avatar
2 votes
0 answers
135 views

Can a father prevent the daughter from going on holiday with the EX-wife?

If a 10 years old girl is daughter of a divorced Italian couple, and an Italian court disposed for her a shared trust like 30%-70% (father - mother respectively), does the mother have the right to ...
FLAK-ZOSO's user avatar
  • 121
0 votes
1 answer
106 views

As IPC 497 is struck down - can any married person now file a divorce based on the fundamental 'right to choose'?

Supreme Court of India has struck down IPC section 497: A five-judge bench of the court ruled that section 497 of the Indian Penal Code violates women’s right to equality and treats them like the ...
CADENTIC's user avatar