Divorce Law

Attorneys' fees constitute a major expense associated in many divorce cases. As you contemplate filing for divorce, you may wonder who pays for attorney fees associated with such a case.

Although most states maintain no-fault divorce laws, in some isolated instances a divorce is brought alleging wrongdoing on the part of one of the spouses. Fraud is one type of misconduct used as...

On occasion a former spouse fails to leave the marital residence despite being directed to do so in a divorce decree. Perhaps you find yourself in such a situation in which your ex-spouse...

A no fault divorce is a way to legally end a marriage without the need to prove wrongdoing by either spouse. Usually the grounds for divorce are stated as incompatibility or irreconcilable...

Throughout the course of a typical divorce, a number of orders are issued from the court. During the early stages of a divorce, a temporary restraining order may be used for a number of different...

You have three legal options available to you if you experience marital problems. You can seek a divorce, a legal separation or annulment. Of these three possibilities, divorce and legal...

Also known as indemnification, a hold harmless agreement is a contract where one party assumes full liability to protect another party from financial obligation.

A divorce case requires a husband and wife to address various financial issues. Included on that list is determining whether to file separate tax returns while divorcing.

In a fault divorce one spouse files against the other claiming wrongdoing, Some common grounds for a fault divorce are physical or mental cruelty, desertion and alcohol or drug abuse. Many states...

A major element of a typical divorce case is dividing the assets of the partners. In many divorces, one of the most contentious and legally challenging elements of the case is distributing assets...

Division of assets is a major element of a divorce case. In each state there is a specific law that determines how the assets of the marriage are to be divided between the divorcing couple.

Filing a response when a spouse serves you with a divorce complaint is necessary in most cases. Not responding to the filing means a judge may grant your spouse a default divorce settlement,...

Divorce is almost always a difficult prospect for everyone involved. Unfortunately, it is a process that 50 percent of married couples in the Texas will experience. Once a divorce is complete,...

Going through a divorce can be a stressful time--all the more so when cost is taken into consideration. The average cost of a divorce in a major city can be as much as $18,000. But you can...

A common misconception of divorced women is that creditors will abide by a court decree that requires an ex-husband to pay certain debts that were acquired jointly. However, this isn't true, warns...

In an uncontested divorce, the separating spouses reach agreements outside of court with regard to child custody and visitation, property division and joint debts. If you and your spouse have...

Each U.S. state establishes its own rules, procedures and requirements for divorce. Nonetheless, the general divorce process is the same for most jurisdictions. Typically, the divorce case...

Divorce cases are legally complex and personally challenging. In most cases parties involved in a divorce are best served attempting to reach a settlement, according to Emily Doskow, writing in...

An issue that commonly is addressed in divorce cases is insurance coverage. There are occasions in which certain types of insurance coverage appropriately are part of divorce settlement...

If you and your spouse are considering a divorce, do not assume you should proceed without legal assistance. Although you are able to communicate with your spouse in a civil fashion--which is...

Before seeking a divorce certificate, you should understand two different types of divorce records. One of the documents is called a divorce decree and is prepared by the court setting forth the...

Many complicated issues are dealt with in a divorce case. High on the list of the more important and oftentimes complex matters in divorce proceedings is protecting the retirement rights of the...

Divorce papers are documents you need to maintain. Unlike other paperwork you encounter throughout your life, that related to the termination of your marriage (and related matters) contains...

There are few other legal proceedings that dredge up more emotions than divorce cases. If you are in the midst of a divorce case, you need to keep in mind that you are not obliged to reach a...

The matrimonial home is the house where you and your spouse resided. After filing for divorce, one of the many issues that will be discussed is who will take exclusive possession of the home while...

Retirement plans, including a 401k, are considered marital property even if only one spouse technically contributed to the plan during the course of the marriage. As marital property, it is...

Spousal maintenance (formerly known as alimony) is a payment made to assist a person in a divorce case in maintaining her standard of living for a fixed period of time following the termination of...

Parents in a divorce maintain important rights to any child born as a result of the relationship. The law is designed to protect and enhance the ability of both parents to play meaningful roles in...

Divorce cases bring the potential of impairing the relationship children maintain with their grandparents. Across the country, different states enacted laws designed to provide grandparents with...

As you plot your settlement positions in your divorce case, you may wonder whether you can get insurance coverage in a divorce settlement. There are a number of factors and applicable laws that...

The financial stress of a divorce action itself is significant in many cases. As you and your spouse prepare to pursue a divorce, you need to make sure that you are proactive in regard to managing...

If you intend to file for divorce, to become a petitioner in the divorce case, you must have a general understanding of your rights. Although both parties have explicit rights in a marriage...

When a person is incarcerated, he does not lose all rights. For example, there are specific rights of inmates in a divorce case that must be protected. There are certain family law procedures...

Through the course of a typical contested divorce a number of contentious issues typically resolve at a hearing before the judge. By definition, a contested divorce is one in which the parties...

One of the first steps in obtaining a divorce is serving the respondent with a bill of complaint, notifying them of the pending divorce proceedings. Serving the respondent can be difficult if they...

Divorcing is stressful enough without having to worry about taxes too. However, if you're divorcing towards the end of the tax year, filing status rules are a concern you can't afford to ignore....

Divorce is a difficult and painful experience that can be filled with hurt feelings, anger, and despair. If you are short on cash, the last thing you want to be concerned about during divorce is...

To divorce your spouse, you will need to "serve" a copy of the divorce petition on her. Service requires that she accept the document and sign a paper saying she received it; each state has...

Applying for both Social Security benefits and divorce at the same time can be hectic. If you have worked and contributed to Social Security, you may eligible for Social Security retirement...

Depending on the divorce laws of your state, in a divorce all marital assets will be divided either as community property (equally divided between parties) or equitably (property is divided...

Divorce records are public records that are open to be viewed by the public, unless they have been "sealed" for some reason (lots of movie stars do this). You can search for divorce records from...

Retirement settlement for former military spouses is covered under the Uniformed Services Former Spouse Protection Act (USFSPA). State courts have jurisdiction over the parties going through...

Getting divorced changes the financial circumstances of each party involved, especially if there are children of the marriage. If your ex-spouse will be required to pay child support or alimony...

Getting divorced can change the financial and insurance needs of a family. Insurance coverage for family members could change quickly and it's important to always have health insurance coverage....

When a marriage breaks down to the point of dissolution, both parties will often consent to the divorce, even if it is not necessarily amicable. However, some spouses are just not willing to let...

In most cases, a 401(k) is divided during a divorce, and the terms of the division of the 401(k) are outlined in the Final Judgment of Dissolution of Marriage. Often, a Qualified Domestic...