Divorce Law

Aug 8, 2012 by

Chances are, if you’re headed for a divorce, you already know that divorce laws govern the processes and rights concerning property, custody, support and alimony. What you may not know is that those laws governing the procedure and eventual resolution of your divorce are entirely dependant on the state where you live. The dissolution of a marriage is the common factor in all divorces, but most of the laws governing the details of the divorce process are state specific. No Fault...

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Property Division in Your Divorce

Aug 8, 2012 by

People facing a divorce might be surprised to learn that although the laws that govern the division of marital property and assets in all 50 states are a bit different, they all are based on one of two basic division methods used within the U.S. legal system: community property division and equitable property division. Community property division attempts to divide all property and assets equally between spouses. A few states have adopted this way of handling property settlements and include:...

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Basic Elements of Divorce

Aug 8, 2012 by

Before you file for a divorce, you should know that the right to get a divorce in the United States does not fall under the jurisdiction of the federal government, but is instead is always granted by individual state courts. Those state courts also govern the varying terms and conditions of divorce laws too. The courts in all 50 states have different statutes on their books and interpret the laws according the jurisdiction they are in, but in general there are several types of divorce common to...

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Simplifying Divorce

Aug 8, 2012 by

Anyone who thinks a divorce is an easy solution to a rocky marriage will quickly find that a divorce is far more likely to be a very stressful event instead. Divorces can be quite expensive and they can be emotionally taxing as well. Many studies have shown that married couples earn more, live longer and are happier than singles that have gone through a divorce. In fact, when you add up all of the costs, obtaining a divorce might be a bigger problem than an unhappy marriage. Those unsure of how...

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Dividing Real Estate

Aug 8, 2012 by

It is a fact of life that many divorcing couples decide to sell their home at the time of their breakup. Even though a home is often the greatest single asset a married couple owns, it can also become the greatest single point of contention in a divorce. A home has both financial and emotional value, and what happens to the house after a divorce can be a real problem when the emotions over ride the financial considerations. Whether a divorcing couple decides to sell their home or not, the...

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Splitting the Property or Why Won’t I Get Half of Everything in My Divorce?

Aug 8, 2012 by

When a couple gets married they often assume their marriage will last forever. Few spouses familiarize themselves with state divorce laws before their wedding day, and if the marriage does end, there is usually a bit of confusion about who will receives what portion of the marital property. Unfortunately, divorce laws are not uniform. Each state has it’s own unique laws which have evolved as a result of foreign influences, political pressure, and religious traditions. The result is that...

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Divorce Attorney Expenses

Aug 8, 2012 by

The divorce laws that govern the processes and rights concerning property, custody, support and alimony are entirely dependant on the state where you live. This means that although the termination of a marriage is the common factor in every divorce, most of the laws governing the details of the process are state specific and can vary a bit. Although there used to be “fault divorces” used in some jurisdictions, all states have now placed “no-fault” divorce laws on...

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Splitting the Estate

Aug 8, 2012 by

The division of assets and real property is often one of the most contested issues in a divorce. People facing a divorce might be surprised to learn that although the laws that govern the division of marital property and assets in all 50 states are a bit different and each state has its own interpretation of the laws governing property and asset division. One thing that many people facing a divorce are not aware of is the fact that although the laws that govern the division of marital property...

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Divorce & Common Sense

Aug 8, 2012 by

Filing for divorce can be a risky proposition for people who are unrealistic or unprepared for the event. The effects of a bitter contested divorce battle can be financially devastating and quite long-lasting as well. The gamble can start looking even worse when you consider the facts and weigh the risks. Divorce can start to look less like a solution and more like a problem. For those who are unsure about how a divorce might actually turn out, maybe it is time to take a closer look at other...

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Personal Property Rules

Aug 8, 2012 by

The laws governing the division of marital property and assets in a divorce for all 50 states are based on either community property division or equitable property division. Community property division attempts to divide all property and assets equally between spouses, while equitable distribution examines all assets, debts, resources, and future ramifications in order to divide property based on what is “fair and just” as opposed to simply “equal.” The community...

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Personal Property Agreements

Aug 8, 2012 by

One of the most contested issues in a divorce is often the division of assets and real property and each state has its own interpretation of the laws governing property division. One thing that many people facing a divorce are not aware of is the fact that there are really only two ways main ways their property will be divided in a divorce. The laws in all 50 states are based on either community property division or equitable property division. Community property division attempts to divide...

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Study Finds Domestic Violence Shelters Are Meeting Needs of Most Victims

Aug 8, 2012 by

Becoming homeless. Losing everything, including their children. Doing something desperate. Facing continued, life-threatening abuse. That is what victims of domestic violence who received help from shelters say their fate would have been if those shelters did not exist, according to Meeting Survivors’ Needs: A Multi-State Study of Domestic Violence Shelter Experiences. Released today, the groundbreaking study is based on a survey of 3,410 people served by domestic violence shelters in...

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The Path to Divorce

Aug 8, 2012 by

Anyone who is considering divorcing their spouse has a big task ahead of them. Divorces are not quick and easy fixes, quite the opposite in fact. Divorce is more often a traumatic event affecting every facet of a person’s life than it is likely to be a walk in the park. Divorces can be costly too, and not just financially. The process of going through a divorce can also cost a lot of time, emotion and effort, and there is no guarantee you’re going to be happy at the end of the...

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Do You Live in a Community Property State?

Aug 8, 2012 by

One very important aspect of divorce law is the concept of community property. The premise behind community property is that property a couple acquires during their marriage is considered to be jointly owned by both spouses. In the event of a divorce, this property is divided between the spouses. Many states do not recognize the concept of community property in their divorce laws, and in the states that do, the way that a court divides community property is determined by state law. In...

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Pre-Divorce Considerations

Aug 8, 2012 by

Anyone who might think getting a divorce will be a quick and easy fix for the problems in their life has a few surprises ahead of them. A divorce is more likely to be a traumatic event affecting every part of your life than it will be a walk in the park. Divorces can be expensive and if you are unrealistic or unprepared, a divorce can be emotionally devastating too. Far from solving all of life’s problems, studies have shown that married people make more money, live longer and are happier...

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In a divorce settlement how is pension divided between the two parties?

Aug 8, 2012 by

Question:  In a divorce settlement how is pension divided between the two parties? State:  Alabama Answer:  Pensions and other marital assets are divided according to the laws in the state where you reside. If you live in Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington or Wisconsin, you live in a community property state and assets will usually be split down the middle. All others are equitable property states...

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Preparing for Divorce

Aug 8, 2012 by

Anyone considering a divorce has a big job ahead of them. Divorces are never a quick and easy way to fix a bad relationship despite what some people might think. Instead of a casual stroll in the park, a typical divorce is more likely to be a turbulent event that turns a person’s life completely upside down before things settle out. Divorces are usually quite expensive too, and not just financially. In addition to the attorney’s fees and other costs to get divorced, it can also...

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How do I go about getting a divorce? I was married in New Mexico and now I’m residing in North Carolina.

Aug 8, 2012 by

Question:  How do I go about getting a divorce? I was married in New Mexico and now I’m residing in North Carolina. State:  North Carolina Answer:  You file for divorce in the state and county in which you currently reside. North Carolina permits you to file after six months of residency. – The Divorce.com Team Wendy Jaffe and Divorce.com can only provide general information about divorce. DO NOT RELY ON MS. JAFFE’S...

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Real Cost of Divorce

Aug 8, 2012 by

A divorce is never quite the cheap and easy fix for an unhappy marriage that people might think it to be and anyone who thinks divorce is a trivial matter has a few surprises coming their way. Getting a divorce is more likely to be a stressful event that causes upheaval in every part of your life. Far from solving all of life’s problems, divorces can be expensive and if you are unrealistic or unprepared, they can be emotionally devastating too. Study after study has shown that happily...

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