A 401(k) plan is your best investment for retirement in many instances. If your employer contributes to your retirement, the matching contribution could be a windfall for you. Unfortunately, it could…
If you refinance before a divorce, you must have the permission of your spouse, and you must disclose everything. If you cash out during the refinance, you must either split the proceeds or get a…
Divorce cases can be simple or complicated, depending on the circumstances. Custody battles, battles over property and other assets and liabilities and personalities often get in the way of an easy…
Divorce is a difficult, emotional time, especially if the separation is acrimonious. Although many divorces are handled in court, making or accepting a divorce settlement proposal may be beneficial.…
A plethora of situations lead to negotiations. For instance, a lawsuit involving an auto accident can lead to settlement talks, or you may need to settle an agreement with your loved one over who will…
When faced with a conflict that requires negotiation, many people experience apprehension and dread. These negative feelings are often magnified when faced with the situation of having to negotiate…
A qualified domestic relations order (QDRO) is an order, judgment, or decree that has been issued by a state court or agency that creates or recognizes an alternate payee for purposes of receiving…
Damage settlement agreements resolve a dispute involving damages, usually within a court system leading to dismissal of a civil case. Typically, this constitutes both parties agreeing upon a…
Solicitors and barristers are a part of the English common-law legal system. Solicitors will consult with barristers, who are licensed to argue cases in court, if a case has a possibility of going to…
One of the most contentious issues to be determined in a divorce proceeding usually is the physical custody of children. Physical custody deals with the right of a parent to have the child live with…
If you are in the process of a divorce, an accurate assessment of your net worth may be necessary in order to determine the terms of a settlement agreement. While you may be tempted to undervalue your…
A personal injury lawsuit can be filed when a person was hurt because of another party's intentional or negligent conduct. The injured party may accept a settlement in exchange for discontinuing any…
When spouses divorce in Australia, their marital assets must be divided between them according to the terms of Australia's Family Law Act of 1975. Under this act, spouses can reach their own…
Legal separation allows spouses to end their relationship and separate their lives without terminating the marriage. In Alabama, a court will use the same guidelines to divide the marital estate as it…
Getting a divorce can be complicated and painful under any circumstance. Military divorces, however, can be even more so, especially when retirement benefits are involved. While each state has…
Dividing property is often the most complicated part of a divorce. Spouses acquire property before their marriage, as well as throughout the marriage. All of that property is divided into two…
Divorce settlement law varies from state to state in that some states require mediation for the parties to attempt a settlement and some states do not. Settlements also vary because of the…
The division of marital debt is a major point of contention during divorce proceedings for many couples. Disputes over debts are furthered by the confusion over which spouse should be responsible for…
It's cheaper to settle a divorce than to go to trial. And it's much easier to settle the divorce if the parties can be civil during settlement proceedings. In most cases, the parties trust each other…
When parties decide to divorce, they usually have several questions about child custody and how custody and visitation works. Often, the parties are concerned about holidays and birthdays, as each…
Property settlement agreements typically require one party to pay funds to another as part of negotiations leading up to the conclusion of a marriage dissolution case. Perhaps you were required to…
Unfortunately, the financial strain of divorce can leave a couple no other options but to declare bankruptcy. Each state has its individual laws on divorce and bankruptcy. Being well educated on the…
A property settlement agreement (PSA) is a binding contract between two married people who are anticipating a divorce. It commonly addresses issues of property division, debt payment, spousal support,…
Approximately 20,000 divorces are filed in Alabama each year, according to the national Centers for Disease Control and Prevention in a recent National Vital Statistics Report. Parties going through…
Marital settlement agreements are contracts made between two divorcing spouses. The agreement provides the terms of the divorce, including child care obligations, child support and alimony, and…
A property settlement agreement in a divorce case is like any other contract. A property settlement agreement must contain certain elements in order for it to be legally binding.
Distributing assets is one of the more complicated aspects of many divorce cases. On the list of challenges is dividing an individual retirement account, or IRA. In dividing interests in an IRA…
In divorce law in the United States, grounds for asset division on the termination of a marriage can rest upon one of two legal bases, depending on the state: community property or equitable…
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…
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,…
Divorce cases represent some of the most emotional and challenging of all legal actions. Because of the nature of divorce cases, public policy and individual judges encourage parties to try to settle…
Calculating a divorce settlement can be as easy or as difficult as the parties want to make it. Often there are assets and liabilities that cannot easily be divided, but the parties can "trade" assets…
During civil lawsuits, a settlement may be pursed rather than trial. Criminal and other types of cases do not have this option since the victim may not be able to negotiate and one of the victims in a…
Divorce is often a messy, and sometimes nasty, proceeding. When a married couple has decided that they wish their union to be split, an accounting is done of all the assets and all the debts, and the…
Most judges prefer that couples negotiate child custody and divorce settlements outside of court rather than involving the legal system in the details of the separation. Effective negotiations require…
A divorce case can be one of the most emotional types of legal proceedings in the justice system. Combining financial issues with matters pertaining to children and a great deal more in between,…
Divorces frequently feature high-octane emotions and strident arguments. Recognizing the dynamics of divorce, you nonetheless are best served in most cases if you're able to reach a settlement with…
There are several types of affidavits for a divorce settlement. Which ones you use depend on your personal circumstances. One affidavit must be completed by everyone getting a divorce--the Family Law…
A very important asset of many couples involved in a divorce is a pension plan of one or both parties. As is the case with all other assets accumulated during the course of a marriage, issues…
Massachusetts divorce law considers any part of a divorce settlement to be income, and thus subjected to income taxes. The individual who receives the money or maintenance, called the payee, is…
If a person sues another, he may later choose to settle the case for a certain amount of money. If the person who commenced the lawsuit is single, then this money is his and no one else's. However, if…
A settlement is a legal document in which parties make a promise to complete or abstain from a certain action or activity. Settlements are common in many areas of law.
Retirement benefits, including military retirement benefits, are considered assets in a divorce action (rather than income). Most states divide assets equitably; however, equitable does not…
When parties are trying to determine what should be included in their divorce settlement, they often think of the obvious things, such as child support, custody, visitation, and division of most…
Once you've entered a California divorce settlement (it is entered as a Final Judgment of Dissolution of Marriage), it is difficult to change. The court allows certain changes if there is an…
There are different ways to settle a divorce, including settlement before the parties file for divorce, settlement without the help of a third party after a contested divorce has been filed, and…
New York State is a "fault" divorce jurisdiction. Thus, in order to obtain a divorce in New York, there are four specific grounds which must be the underlying reason for the divorce action. At least…
In divorce proceedings, 401(k) retirement plans are divided between spouses by the court. The courts generally consider a 401(k) to be marital property, provided that the funds it contains were paid…
Many courts have instituted a case management system for divorces, because of the length of time a divorce takes and because of the sheer number of divorces that go through the court system. A case…
Most states will not allow you to refinance your home during a divorce unless your spouse is on the new note, mortgage and deed. Also, you might have to refinance only to lower the monthly payment. If…
Divorce settlements can be an important part of the divorce process. If you can come to an agreement with your spouse, you can save yourself quite a bit on legal fees. Settlements can be filed at any…
A money market portfolio is an asset. Like all assets during a divorce, it may be divisible or could be what is considered non-marital property (in the states that recognize non-marital property).…