Law

  • What happens to my pension if I’m not vested?

    Amounts that are not vested may be forfeited by employees when they are paid their account balance (for example, when the employee terminates employment) or when they don’t work more than 500 hours in a year for five years. What are non-vested benefits? Non-Vested Benefits. In a situation where ownership of benefits is not involved […]

  • What is the difference between limited and unlimited civil case?

    There are many types of unlimited civil cases. These include the same types of cases that are brought in the limited jurisdiction court, like cases for breach of contract, personal injury, or property damage, but unlimited cases involve more than $25,000. Is divorce an example of civil law? Civil cases are typically between private parties, […]

  • How do I get my TSP money after separation?

    There are three basic methods of withdrawing money from your TSP account as a separated or beneficiary participant: installment payments, single withdrawals, and annuity purchases. How is TSP split during divorce? Your current or former spouse, or your dependents, could be awarded a portion of your TSP account if a valid Retirement Benefits Court Order […]

  • When was the first divorce?

    On January 5th of 1643, Anne Clarke petitioned for a divorce from her husband, Denis Clarke. She approached the Quarter Court of Boston, and details of her marriage were recorded by this court. Eventually, a signed and sealed affidavit was presented to John Winthrop Jr., the son of the colony’s founder. What is the new […]

  • Is inherited property marital property in NC?

    In North Carolina, however, unless inheritance is given to each spouse individually, or it contributes to shared funds, it is not considered marital property. Is inheritance protected in divorce in NC? Q.Is Inheritance Considered Marital Property in a North Carolina Divorce? Answer: No. Unless the inheritance was giving as a marital gift or the spouse […]

  • Can my wife kick me out of the house in Oregon?

    Legally, it’s her home, tooโ€”even if it’s only his name on the mortgage, deed, or lease. It doesn’t matter whether you rent or own, your spouse can’t just kick you out of the marital residence. Who gets the house in a divorce in Oregon? In Oregon, the court will presume that the spouses contributed equally […]

  • What is lodestar method of calculating attorney fees?

    The “lodestar” method is commonly used by judges and arbitrators to determine attorney fees for a prevailing party. The loadstar is calculated by multiplying the reasonable number of hours by a reasonable hourly rate. However, may the court consider lack of civility as a reason to reduce an attorney fee request? Who pays attorney fees […]

  • Does infidelity affect divorce in Maine?

    Because adultery is a legal basis for divorce in Maine, a judge will grant a petition for a divorce when a spouse can prove that the other committed adultery. However, deciding to proceed with a fault-based divorce can affect other matters related to the divorce, such as child custody. Is Maine a 50 50 divorce […]

  • Do lottery winners get divorced?

    How common is divorce among lottery winners? Money is one of the most common topics couples fight about. But when it comes to the lottery, it actually seems to hold marriages together. The divorce rate post-winning increases only by 3%. What happens if I win the lottery middle of divorce? If the winner can prove […]

  • Can Jews marry their nieces?

    In fact marriages between uncles and nieces are permissible in Jewish canon law and a specific form of cousin marriage between the children of brothers is advocated as a preferred form in certain circumstances. What are the laws of marriage in Judaism? According to Jewish law, getting married is an exceedingly simple affair: The bride […]

  • Can you get a divorce without the other person signing in KY?

    Also, with a no-fault divorce, you don’t have to have your spouse’s consent to end the marriage. A Kentucky judge will grant a divorce after finding that: the marriage is irretrievably broken and there is no reasonable prospect of reconciliation and. the spouses have lived apart for 60 days. What happens in a divorce when […]

  • What are the divorce laws in Japan?

    A: Japanese law allows for divorce either through the family court system or through a simple registration procedure at the ward office. Known in Japanese as “mutual consent divorce” (kyogi rikon), this ward office procedure can be faster and less expensive than going through the Family Court. How are assets divided in divorce in Japan? […]

  • What is considered an unfit parent in Indiana?

    The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit. What is considered spousal abandonment in Indiana? Marital abandonment occurs when one spouse deliberately severs all ties […]

  • What are the rules for alimony in New Mexico?

    The recommended formula is as follows: In cases with no child support agreement: “30% of Payor’s Gross Income minus 50% of Recipient’s Gross Income” In cases with a child support agreement: “28% of Payor’s Gross Income minus 58% of Recipient’s Gross Income” How long do you have to be married in NM to get alimony? […]

  • How do I file a civil complaint in Chester County PA?

    You can only get a copy of the divorce decree from the High Court in which the decree was issued. The court would require as many of the following details as possible to look up the particular decree: The divorce case number; The date of the divorce (day, month and year); How much is it […]

  • What are the laws of divorce in Maine?

    You can file for divorce in Maine if: You are married and have lived in Maine for 6 months or longer; or. You are a Maine resident and were married in Maine; or. You are a Maine resident and were living in Maine when the cause of divorce arose; or. Your spouse is a Maine […]

  • What is the difference between court of law and court equity?

    ii) Courts of Law and Courts of Equity. Courts of law administer justice according to criminal law and common law. Courts of equity administer justice according to criminal law and common law. Courts of equity administer justice according to “fairness”. Some States had two different court systems. Are the courts of law and equity still […]

  • Who has sole custody of a child in Kentucky?

    Kentucky Family Law Child Custody In order for a parent to obtain sole custody of a childโ€”which means sole decision makingโ€”that parent will generally have to overcome the presumption of joint custody and show by a preponderance of the evidence that sole custody is in a child’s best interest. What rights does a father have […]

  • When was divorce legalized in the US?

    The 1857 Matrimonial Causes Act allowed ordinary people to divorce. How long do you have to be separated before divorce in Iowa? See Iowa Code section 598.5. Waiting period. Iowa law requires a ninety-day waiting period, from the date the respondent is served dissolution of marriage papers, before the court may enter a final decree. […]

  • What is constructive abandonment in NYS?

    Two examples of abandonment: where the spouse physically leaves the home without any intention of returning or where the spouse refuses to have sex with the other spouse, this is called “constructive” abandonment. To use this ground, the spouse must have been in prison for 3 or more years in a row. Is there an […]

  • Can you plead the 5th in a divorce?

    In civil cases, such as divorce cases or protective orders, you can still assert your Fifth Amendment privilege if necessary, but the judge or the jury is allowed to assume that “pleading the Fifth” means something bad for you. This is called an adverse inference. Can a divorce petition be amended in India? “Amendment of […]

  • How does divorce work in Sweden?

    If both spouses wish to be divorced, they may file a joint petition for divorce. However, if only one of them wishes to obtain a divorce, the spouse that wishes to be divorced must submit a summons application to the district court. In both cases copies of birth certificates for both spouses must be enclosed. […]

  • What is the advantages of divorce in the Philippines?

    It terminates a marriage based on a ground that occurred during the marriage, which makes the marital relationship no longer tenable, regardless of the spouse’s psychological constitution. A divorce law will provide a straightforward remedy to a marital failure. It will benefit Filipinos wherever they are. How long does it take to get a divorce […]

  • How long does a spouse have to pay alimony in New York?

    For marriages lasting more than 20 years, maintenance is expected to last 35% to 50% of the length of the marriage. If the recipient former spouse remarries or either spouse dies, the payments will also end. The court cannot limit how long support is due for a current spouse. What qualifies you for alimony in […]

  • What are the divorce laws in France?

    Divorce is pronounced by mutual consent, upon a joint request (or upon the request of either party when accepted by the other one), by fault, or by termination of common life. In any case, the assistance of a lawyer is indispensable. In a joint request, both parties may request the assistance of the same lawyer. […]

  • Is a Mexican divorce valid in the US?

    Will a foreign divorce be recognized in the United States? A foreign judgment of divorce generally is recognized in a state in the United States on the basis of legal reciprocity where both parties had notice of the divorce proceeding and an opportunity to be heard within these proceedings. How long does it take to […]

  • How long do you pay alimony in Louisiana?

    Interim spousal support is not permanent: it is for a limited period of time. Under Louisiana law, the day the divorce judgement is issued by the judge, interim support comes to an end. Under special circumstances, interim spousal support can exceed up to six more months after divorce, on the orders of the court. What […]

  • Is there alimony in Colombia?

    Orders for spousal maintenance are limited. Colombian courts will only order payments to an ‘innocent’ spouse โ€“ that is one who has obtained a divorce decree as a result of the fault of his or her spouse. And payments will only be paid to a spouse who has no personal funds or property. How long […]

Maine Divorce Law Blog