Law

  • Does Minnesota recognize marriages from other countries?

    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 […]

  • Can customary marriage be registered in Ghana?

    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 […]

  • What is indemnity in a 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 […]

  • When did divorce become legal in the US?

    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 […]

  • When can a child decide which parent to live with in Missouri?

    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 […]

  • What is an 8.05 financial statement Mississippi?

    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 […]

  • Is your spouse entitled to half of your inheritance in Canada?

    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 […]

  • Is a US divorce valid in Germany?

    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 […]

  • What qualifies as child abandonment in Georgia?

    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 […]

  • What is considered marital misconduct in North Carolina?

    Under NCGS 50-16.1A, marital misconduct is defined as “acts of sexual or deviate sexual intercourse, deviate sexual acts, or sexual acts defined in G.S. 14โ€‘27.1(4), voluntarily engaged in by a spouse with someone other than the other spouse.” So, if you or your spouse had an affair, there has been marital misconduct. What is considered […]

  • Is divorce legal in Bhutan?

    If any husband or wife because of the reasons defined hereinafter from Sections Kha 6-7 to Kha 6-15 of this Act has been compelled to seek deeds of divorce (YIKTHI) from a Court of law on numerous occasions, and even if that husband or wife has been granted Marriage Certificates on three or more occasions, […]

  • How does divorce work in Peru?

    Divorce following two years’ separation โ€“ again a spouse can only apply when the marriage has lasted two years or four if there are minors. Fault-based divorce (or when both spouses don’t agree to divorce) โ€“ with the requirement to prove one of the fault-based grounds, including adultery and domestic abuse. When did divorce become […]

  • Can you appeal a divorce settlement order?

    If you feel you should have got more from your divorce, it may be possible to appeal your case. A successful appeal may well lead to a higher award or to increased maintenance.To appeal against a financial order, you will need to show that the judge was wrong in the way the final decision was […]

  • What are the rules for a dissolution of marriage in Ohio?

    To file for divorce in Ohio, you must be legally married, and you must have lived in the state for at least six months. For a no-fault dissolution, you can file if either you or your spouse has lived in Ohio for at least six months. What’s the difference between divorce and dissolution in Ohio? […]

  • What age in Idaho can a child choose which parent to live with?

    Q: At what age can a child decide which parent to live with? A: When a child turns 18 they have the legal right to move wherever they desire. Before then, there is no specific age by law when they can start making that type of decision for themselves. How is child custody determined in […]

  • How long it takes to divorce in Brazil?

    In this case the Writ of Divorce (Escritura de Divorcio) is issued the same day, and if it takes place in the same Cartรณrio where the couple were married, then the divorce takes full effect 30 days from that date and the parties would be free to re-marry should one or the other so choose. […]

  • Is adultery a crime in Ethiopia?

    Adultery is considered as an offence under Article 652 of the Criminal Code:(i) any spouse bound by a union recognized under civil law who commits adultery and (ii) the partner who commits adultery with a person whom he knows to have a valid marriage, may be sanctioned with simple imprisonment or fine upon complaint by […]

  • What qualifies as spousal abandonment Texas?

    Abandonment laws in Texas apply when one spouse leaves the marital home without the intent of ever coming back. In addition, the abandoning spouse generally must make no effort to communicate or offer any financial support to the other spouse. How long does a spouse have to be gone for abandonment in Texas? You have […]

  • Is sleeping with someone while separated adultery in North Carolina?

    Under the North Carolina criminal statues, having sex after separation, with someone other than your spouse, constitutes the crime of adultery. (North Carolina General Statutes ยง14 โ€“ 184). While enforcement of this statue is rare, it is common for sex during separation to affect negotiations and lawsuits. Can I date while legally separated in NC? […]

  • What happens to 401k during divorce in Texas?

    Texas is a community property state, which means any contributions or earned interest that accumulate in your 401(k) during your marriage are considered marital property. When Texas couples divorce, the portion of the 401(k) earned while the couple was together must be divided equitably between them. Is spouse entitled to 401k in divorce Texas? Most […]

  • What is considered abandonment in the state of KY?

    (1) A person is guilty of abandonment of a minor when, as a parent, guardian or other person legally charged with the care or custody of a minor, he deserts the minor in any place under circumstances endangering his life or health and with intent to abandon him. (2) Abandonment of a minor is a […]

  • Is inheritance marital property in Kansas?

    Under Kansas law, property you inherit or receive as a gift, even if acquired during the marriage, is considered separate property not subject to division of assets with your spouse during a divorce. Is your wife entitled to half your inheritance? The answer is that it depends. Monies or assets inherited or gifted before or […]

  • 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 […]

Maine Divorce Law Blog