Transmutation is a term used in family law to describe property that has been transformed from a party’s separate property into marital property. In the context of equitable distribution, the term “separate property” refers to property that is owned by one spouse individually. Does a spouse have the right to property after signing a quit […]
Spousal Maintenance Law in Germany. Following a separation it is likely that one of the partners may be entitled to a form of alimony payment in the form of separation spousal maintenance (Trennungsunterhalt). This payment will generally continue during the separation phase until the final divorce. What is the law of divorce in Germany? The […]
History. Arranged marriages were very common throughout the world until the 18th century. Typically, marriages were arranged by parents, grandparents or other close relatives and trusted friends. Could you get a divorce in the 1800s? Until the 1857 Matrimonial Causes Act, it was essentially impossible to obtain a divorce, no matter how bad the marriage […]
Missouri is a “no-fault” divorce state. The only legally accepted reason (“ground”) for divorce in Missouri is that the marriage is “irretrievably broken.” This just means that you and your spouse can’t get along, and there’s no reasonable chance of that situation changing. Can you remarry immediately after divorce? The good news is, you do […]
Physical Cruelty: Note: virtually any form of unwanted physical contact would constitute physical cruelty as long as there is evidence that it has had a negative impact on the victim and that, subjectively speaking, it has rendered continued cohabitation of the spouses intolerable. How do I prove cruelty for divorce in Maryland? Cruelty of Treatment […]
In Colombia, divorce happens either by the mutual consent of the spouses or through fault-based grounds for judicial divorce. In the first case, it is called a notarized divorce either with or without property and children in common, and it is usually faster than the process when there is lack of agreement. How long does […]
According to cdc.gov, the rate of divorce in 1920 was 12.0 per 1,000 population and surprisingly in 2019, the divorce rate was 2.9. What was divorce like in the 1920s? In the Roaring ’20s, the divorce rate was 15 percent, a slight increase over the previous decade. Instead of simply pointing fingers at post-war problems, […]
In Nicaragua, legal marriages can be performed by either a Nicaraguan notary or judge. To legally marry in Nicaragua, a foreigner must present a valid passport (or other acceptable identification document) and sometimes a birth certificate. Is divorce legal in Nicaragua? The provisions of the Family Code safeguard women’s legal right to initiate divorce (Art. […]
A fairly common amount of spousal support is two thirds of equalization. As an example, say spouse #1 has an income of $50,000 per year and that spouse #2 has an income of $14,000 per year. The difference in their incomes is $36,000. One-half of that amount is $18,000 or $1,500 per month to equalize […]
(3) The probation officer or social welfare officer shall take custody of the child and shall determine the most suitable place for the child which may be: (a) an approved residential home; (b) with an approved fit person; or. (c) at the home of a parent, guardian or relative. How is property shared after divorce […]
COBRA. After you get divorced, you may be able to temporarily keep your health coverage through a law known as “COBRA.” If your former spouse got insurance through an employer that has at least 20 employees, COBRA lets you stay on that plan for up to 36 months. Is COBRA available to a divorced spouse? […]
Marriage in the Bible simply consists of a man and woman, with the consent of the woman’s father or guardian, living together and attempting procreation. No vows, no priest, no ritual, no prayer, no pronouncement, no license, no registration. This is quite different from how we define and enact marriage today. Can you divorce in […]
Appealing a California Divorce Agreement As an appeal of a divorce decree is possible, but can be difficult to prove, especially without the assistance of a lawyer. An appeal is typically only granted if one party can prove that the trial judge misapplied the law, or the original judgment was entered into in bad faith. […]
Under North Carolina law, abandonment occurs when one spouse (1) willfully ends cohabitation; (2) without the intent to resume living together; (3) without consent of the other spouse; and (4) without justification or provocation. How long is abandonment in NC? Any man or woman who, without just cause or provocation, willfully abandons his or her […]
Can adultery speed up divorce in Louisiana? Louisiana law does provide for an “immediate” fault-based divorce for adultery under Civil Code 103.2. However, “immediate” does not mean the judgment of divorce will be immediate. Plus proving adultery can be cumbersome, costly, and not any more beneficial to you. What is a wife entitled to in […]
In Ohio, a court is not going to consider abandonment. However, moving out of the marital home could have significant ramifications for child custody, payment of support, and your ability to move back to the house. What is considered abandonment in a marriage in Ohio? Willful Desertion Desertion, which also may be referred to as […]
The majority of states, including North Carolina, follow the common law property system. Under the common law system, each spouse solely owns and controls any property he or she acquires during the marriage and titles in their name. Who gets the house in a divorce in NC? Property can be divided in any amount. However, […]
However, during the 1920’s it was not uncommon for infidelity to occur. People in a marriage would see how singles lived without a care and became jealous. Since divorce was still taboo in the 1920s people often went behind their spouses backs and committed infidelity . What was divorce like in the 1920s? In the […]
Is this true? The IRS no longer accepts a copy of a divorce decree to show who has the right to claim a child as a dependent if the decree was executed after December 31, 2008. Can the IRS override a divorce decree in collecting taxes? That responsibility is binding. When your spouse doesn’t live […]
You Don’t Need to Have a “Registered” Marriage in Minnesota There is no need to be concerned about this because Minnesota will recognize your foreign marriage if it is a legal marriage in a foreign country. There is not a separate registration for foreign marriages. How does international divorce work? Based on reciprocity, a judgment […]
Customary marriages are registered under the Customary Marriage and Divorce Registration Law, 1985 (PNDCL 112). Anyone wishing to register a customary marriage must apply to the registrar of marriages in the district in which they live. How does divorce work in customary marriage? Dissolution of a customary marriage A court may dissolve a customary marriage […]
Indemnity clauses are common in divorce decrees to protect one spouse against the other spouse’s court-assigned responsibility for paying a joint debt. “Indemnify” means to hold harmless for loss. A short scenario will help explain the concept: Husband and Wife have a credit card in both names with a $5K balance. What is an indemnity […]
The big change came in 1969, when the Divorce Reform Act was passed, allowing couples to divorce after they had been separated for two years (or five years if only one of them wanted a divorce). A marriage could be ended if it had irretrievably broken down, and neither partner no longer had to prove […]
According to Missouri statutes, a child cannot decide which parent he/she wants to live with until he/she reaches the age of 18. It is important for the judge to determine the reasons behind why the child has expressed an interest to live with one parent and not the other. How is child custody determined in […]
The 8.05 is where you provide your schedule of assets and debts. Our Guide on Alimony explains that, in considering an award of alimony, the court compares your income and expenses with your spouse’s. The 8.05 is where you list your income and expenses. What is a 8.05 financial statement? Uniform Chancery Court Rule 8.05 […]
The value of gifts or inheritances that you or your partner received during your marriage are excluded from the division of property upon separation or divorce. You may not know, however, that you have to treat those gifts or inherited items in a specific manner in order to take advantage of that exclusion. How do […]
As long as your foreign divorce order has not been formally recognized in Germany, you are still deemed to be married. A marriage that was only dissolved abroad continues to be valid in Germany; the spouses continue to be deemed married to each other until the divorce order is formally recognized. How is property divided […]
A minor child is considered to be abandoned if during a consecutive 30-day period, its father or mother does not furnish sufficient food, clothing, or shelter for the needs of the child, leaving the child in a dependent condition. Can a spouse take a child without permission in Georgia? Yes, under certain circumstances, you can […]