The court takes many factors into account from the anodyne to the scandalous in determining property division, alimony and child support. It really depends on the jurisdiction and the specific situation between the couple. Of course, there are specific guidelines in every jurisdiction, and there are unique rules. But there are common threads. For example, with regard […]
It depends. If you are in a community property state like Texas and California, then absent a prenuptial or postnuptial agreement, yes, everything earned and accrued during the marriage is community property and normally would be split 50 50. Anything that you had prior to marriage would be separate property and would not be subject […]
I doubt it. If your spouse comes from a family with a significant amount of wealth, chances are you and he (or she) executed a prenup, first of all, right? But second of all, anything your spouse earned before your marriage is separate property. Family fortunes would normally have existed prior to your arrival. Even […]
Think of it this way: The “forum” is another word for the “place” and “place” is another word for “venue” or “court.” When you go forum shopping in your divorce, you are looking for a place, you are “shopping” for a place or the place where you get the best outcome, be it in terms of […]
It may or may not be tax season when you are reading this but chances are if you found this post via Google, you are concerned about your taxes and probably are afraid that you owe back taxes to the IRS. You probably do, but there are ways to get out of it – there […]
The other point to make is that the fact that a state has no fault laws does not preclude a couple or party from choosing to have a fault based divorce.
Q&A: Should We Commingle Our Business? Go Ahead. Mix Business and Pleasure. But When It’s Time to Divorce, Don’t look at Me.
Commingle, combingle, comsextabongle. Let’s get it on, baby. This is how a lot of couples feel when they are in love. And they decide to form businesses together and then get married and they have no formal paperwork drawn up about the business and how it will be managed in the event of an unmingling. […]
That is a very good question, thanks for asking it. It does seem a little bit looney to sign a post-nup after you got married without a prenup, doesn’t it? But that is based on a wrong assumption because many people who sign a post nup also had a prenup. Not all. But many people. […]
“My wife was a high paying executive and I think she hid money when we divorced. Can I get her tax returns post-judgment? If so, how? And what am I looking for exactly? And where do I look for it?” This is a very good question. I am not a tax expert by any means. […]
Can you get a slice of your spouse’s lottery winnings even when you are living separately? Usually, yes. Lottery winnings would be marital property. It does not matter if you are living in separate homes – unless you have a separation agreement or a prenup that specifically speaks to this issue of lottery winnings or […]
Sometimes, two people (or three, or four) just have different philosophies about how to raise children and sometimes, these styles are not only incompatible, they are combustible. On occasion, this even leads to so much conflict, that divorce is the only logical conclusion. How were you supposed to know beforehand that you would see things […]
Which is more expensive? Divorces or Weddings? That really depends. For most uncontested divorces in New York where there are no children and property, it is possible to find a lawyer who would do the paperwork for under $500 dollars. Is this an average? Yes and no. When the experts talk about “averages” they are […]
Internet Google their name Cell Phone Records Credit Card and Banking Records Use Social Security Number Employers Social Media Family and Friends Find My I-phone App Hire private detective to do “Skip Tracing.” Get an order from the court do search the military records Contact the local media Put up local flyers Hospitals, Coroners, Jails, […]
DIVORCE & INHERITANCE: The short answer is, it depends. Normally, the rule in the U.S., I believe in all the states is that inheritances are separate property. So the fact that you were married for 40 years and your spouse cheated causing your divorce would not be itself enable you to reap a part of the $30 million […]
A Checklist for Choosing a Divorce Mediator When you go through divorce, sometimes you may prefer to go the mediation route than the litigation or court route. This is for a number of reasons including the fact that there is a lot more privacy with divorce mediation than in open court. It is also a […]