Divorce is the formal legal dissolution of a marriage. The divorce process implicates many diverse areas of the law including, but not limited to, real estate, wills and trusts, child custody, and tax.
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Establishing separate living arrangements — including custody of the family home — is one of the most immediate concerns in divorce. And since the home is often the couple’s most valuable marital asset, it also represents a...more
One of the greatest sources of conflict in a divorce is the division of assets between spouses. In Tennessee, courts are concerned with the equitable distribution of property in a divorce....more
Michigan is a no-fault divorce state. This simply means that you don’t need to prove any fault on the part of your spouse as grounds for a divorce. For example you needn't show that your spouse was cheating on you, that your...more
If you’re a woman who’s considering divorce, watch this video. Lawyers.com Editorial Director Betsy Kim interviews Forbes author and financial strategist, Jeff Landers, about his book, “Divorce Think Financially Not...more
You can’t quite have joint custody or visitation rights with a family-owned business. So, does the end of marriage mean the end of a family business?...more
The US Court of Appeals for the Second Circuit recently upheld a district court’s refusal to release nearly $4 million in assets frozen by the Securities and Exchange Commission and the Commodity Futures Trading Commission to...more
For many couples, Pension plans, IRAs, 401ks and other retirement plans represent a significant portion of their net worth. These assets are addressed as marital property in divorce settlement agreements, to be divided...more
One of the most complex aspects of the divorce process can be dividing marital assets — and debts. When a court divides a divorcing couple’s debts, its goal is primarily to divide the debts in a way that is fair to both...more
Amy Pinto and Nanette Kinkade have reportedly struck a deal on how to divide the estate of the late artist, Thomas Kinkade, 54, who died in April. He filed for legal separation from his wife of 28 years and began living with...more
Fox Business News recently ran an interesting question from a viewer named David. He asked whether an authorized user on a credit card (as distinct from a joint credit card holder) is responsible for all charges incurred if...more
One of the most contentious aspects of a divorce is dividing property. In one famous case, an enraged spouse cut the couple's home in half with a chain saw....more
A common plan among our married clients is to leave their property to their spouse, either outright or in trust - oft-referred to as the “I Love You” Will....more
After divorce, finding someone new is a common goal – but actually tying the knot again is not. According to SmartMoney.com, fewer than half of divorced women and slightly more than half of divorced men are remarried –...more
When you’re making up your wish list for assets in your divorce settlement, chances are a vehicle will be somewhere near the top....more
In a divorce, assets and debts accrued during the marriage are divided. The most valuable marital asset is usually the house. The largest debt is usually the mortgage. Deciding what happens to the house is often complicated...more
Selling a home in even the best circumstances can be stressful – and selling as part of a divorce settlement can be especially complicated....more
Regardless of which spouse does the actual filing, initiating a divorce action in New York subjects both spouses to an automatic order – sometimes referred to as an ATRO, or Automatic Temporary Restraining Order....more
A prenuptial agreement, or prenup, is contract between prospective spouses outlining the terms of a subsequent divorce settlement. Prenups usually involve the division of assets and spousal support. They cannot, however,...more
Grey divorce is a term referring to the demographic trend of an increasing divorce rate for older (“grey-haired”) couples who often have been married for many years. A very public example of this was Tipper and Al Gore’s 2010...more
The disappearance of troubled Florida millionaire, Guma Aguiar, this past June, whose wife had asked him for a divorce just hours earlier, quickly turned into a legal battle between the missing man’s wife and mother over...more
There is so much information about divorce out there it is not always easy to distinguish fact from fiction. If you are going through a divorce on Long Island, it is a good idea to familiarize yourself with New York divorce...more
If you’re contemplating a divorce and you or your spouse owns a business, you may worry about how to get your fair share out of that business. While it’s not always easy, with the help of a lawyer experienced in property...more
In California community property rules control the division of assets and liabilities in divorce. Community property is any property, regardless of where it is situated, which is acquired during the marriage. Unless there...more
A recent Florida appellate court decision provides a drafting lesson in prenuptial agreements - if a spouse is to receive an interest in appreciation in an asset, the agreement should be specific on that....more
Divorcing after many years of marriage is a growing trend with some statistics indicating that the rate of divorce for people over the age of 50 has doubled since 1990. There is even a name for this new trend: gray divorce....more
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