DIVORCE SOURCE: DIVORCE INFORMATION, TOOLS, AND SUPPORTWELCOMEABOUT US100% GUARANTEESCENTRAL LOG INCONTACT USFIND PROFESSIONALS An online divorce and family law help resource and community. Learn everything about divorce, custody, support, visitation and property to help you through the process. DIVORCE CHECKLISTS AND WORKSHEETS This is a collection of divorce related checklists which are great tools for anyone contemplating or experiencing divorce. These checklists will not only help you organize vital information, but also itemize the information you may need for your own personal reference or to provide to a professional. VALUATION OF RETIREMENT ACCOUNTS IN DIVORCE Pension Issues in Divorce When couples get divorced they must decide how to divide their property. Retirement benefits (pensions) often form a substantial part of the parties' total marital estate and many times are the largest single marital asset afforded the couple. CHILD SUPPORT COMPUTATION Father Mother Combined 6 : Number of overnights with each parent If less than 121 for either parent, skip to C. 365 : a. Percentage of overnights with each parent DIVORCE SOURCE: THE AUTHORITY OF A STEPPARENT TO Parents and other adults who serve as custodians of minor children have the responsibility and authority to care for, educate, and discipline their children. The state confers wide discretion on parents on the manner in which they discipline their children, short of legal child abuse or neglect. COMMONWEALTH OF KENTUCKY CS-71 (Rev. 3/10) Page 2 of 3 INSTRUCTIONS FOR USE 1. Enter each parent’s gross monthly income . Column A for custodial parent and TOP 25 THINGS YOU MUST KNOW BEFORE GOING TO YOUR COURT If you act inappropriately by being rude or disrespectful or not mindful of the judge’s orders or comments, then you will dig yourself a hole that it is nearly impossible to escape from. If the judge gets upset with you, then that judge will remember it, and what happened, for the duration of your case. NEW JERSEY DIVORCE SOURCE: MOTIONS FOR RECONSIDERATION 4:49-2. Motion to Alter or Amend a Judgment or Order. Except as otherwise provided by R. 1:13-1 (clerical errors) a motion for rehearing or reconsideration seeking to alter or amend a judgment or order shall be served not later than 20 days after service of the judgment or order upon all parties by the party obtaining it. NEW JERSEY DIVORCE SOURCE: THE TERMINAL DATE FOR EQUITABLE In many divorce cases a critical important issue is when is the "cut off" date for equitable distribution. This basically means at what point in time are the marital assets counted to RHODE ISLAND DIVORCE SOURCE: WHAT’S THE DIFFERENCE IN Rhode Island is an equitable division state; courts divide property equitably. This does not mean equally but fairly. The court considers several factors if the parties have not agreed beforehand on distribution, including the duration of the marriage, each spouse's contribution to acquiring and maintaining the property, the best interests of the children if applicable, contribution of one DIVORCE SOURCE: DIVORCE INFORMATION, TOOLS, AND SUPPORTWELCOMEABOUT US100% GUARANTEESCENTRAL LOG INCONTACT USFIND PROFESSIONALS An online divorce and family law help resource and community. Learn everything about divorce, custody, support, visitation and property to help you through the process. DIVORCE CHECKLISTS AND WORKSHEETS This is a collection of divorce related checklists which are great tools for anyone contemplating or experiencing divorce. These checklists will not only help you organize vital information, but also itemize the information you may need for your own personal reference or to provide to a professional. VALUATION OF RETIREMENT ACCOUNTS IN DIVORCE Pension Issues in Divorce When couples get divorced they must decide how to divide their property. Retirement benefits (pensions) often form a substantial part of the parties' total marital estate and many times are the largest single marital asset afforded the couple. CHILD SUPPORT COMPUTATION Father Mother Combined 6 : Number of overnights with each parent If less than 121 for either parent, skip to C. 365 : a. Percentage of overnights with each parent DIVORCE SOURCE: THE AUTHORITY OF A STEPPARENT TO Parents and other adults who serve as custodians of minor children have the responsibility and authority to care for, educate, and discipline their children. The state confers wide discretion on parents on the manner in which they discipline their children, short of legal child abuse or neglect. COMMONWEALTH OF KENTUCKY CS-71 (Rev. 3/10) Page 2 of 3 INSTRUCTIONS FOR USE 1. Enter each parent’s gross monthly income . Column A for custodial parent and TOP 25 THINGS YOU MUST KNOW BEFORE GOING TO YOUR COURT If you act inappropriately by being rude or disrespectful or not mindful of the judge’s orders or comments, then you will dig yourself a hole that it is nearly impossible to escape from. If the judge gets upset with you, then that judge will remember it, and what happened, for the duration of your case. NEW JERSEY DIVORCE SOURCE: MOTIONS FOR RECONSIDERATION 4:49-2. Motion to Alter or Amend a Judgment or Order. Except as otherwise provided by R. 1:13-1 (clerical errors) a motion for rehearing or reconsideration seeking to alter or amend a judgment or order shall be served not later than 20 days after service of the judgment or order upon all parties by the party obtaining it. NEW JERSEY DIVORCE SOURCE: THE TERMINAL DATE FOR EQUITABLE In many divorce cases a critical important issue is when is the "cut off" date for equitable distribution. This basically means at what point in time are the marital assets counted to RHODE ISLAND DIVORCE SOURCE: WHAT’S THE DIFFERENCE IN Rhode Island is an equitable division state; courts divide property equitably. This does not mean equally but fairly. The court considers several factors if the parties have not agreed beforehand on distribution, including the duration of the marriage, each spouse's contribution to acquiring and maintaining the property, the best interests of the children if applicable, contribution of one DIVORCE SOURCE: PERSONAL GOODWILL IN DIVORCE A significant majority of American jurisdictions hold that the personal goodwill of a business cannot be classified as marital property. Personal goodwill is the individual, nontransferable reputation of a specific owner. It is generally distinguished from enterprise goodwill the corporate, transferable reputation of the business itself which is marital property to the extent it was created APPEALING A DIVORCE JUDGMENT A divorce appeal is the least common and most difficult form of post judgment litigation. Divorce appeals happen in contested divorce trials when one spouse simply cannot live with results or how that result became memorialized in the final divorce decree. DIVORCE SOURCE: THE AUTHORITY OF A STEPPARENT TO Parents and other adults who serve as custodians of minor children have the responsibility and authority to care for, educate, and discipline their children. The state confers wide discretion on parents on the manner in which they discipline their children, short of legal child abuse or neglect. DIVORCE SOURCE: VALUATION Real estate commissions and related sale costs may eat up a substantial part of the gain expected to be realized when, sooner or later, the home is finally sold. When a divorcing couple decides to sell their home as part of the property division, they usually agree to divide the net sale proceeds and thereby share the cost of selling
the property
PRAYER; PRAYER FOR RELIEF Term Definition Prayer; Prayer for Relief - the portion at the end of the pleading that states the relief requested of the court. Application in Divorce The prayer is what is requested in equity actions.. In contemporary practice, the pleader does not pray for relief; he or she demands it. TOP 25 THINGS YOU MUST KNOW BEFORE GOING TO YOUR COURT If you act inappropriately by being rude or disrespectful or not mindful of the judge’s orders or comments, then you will dig yourself a hole that it is nearly impossible to escape from. If the judge gets upset with you, then that judge will remember it, and what happened, for the duration of your case. DIVORCE SOURCE: SANCTIONS FOR DISCOVERY VIOLATIONS The problems are all too familiar. Interrogatories languish unanswered; document production requests are ignored; depositions are skipped; attorneys fees mount. For many dependent spouses it is an uphill battle to force the other spouse to divulge much-needed information, yet full financial disclosure is critical for an informed settlement in equitable distribution proceedings. DELAWARE DIVORCE SOURCE: DELAWARE PROPERTY DIVISION In Delaware, the court generally accepts a fair and reasonable property division the parties agree to, but if the parties cannot agree, the Family Court divides the property within the Judgment of Divorce.
NEW JERSEY DIVORCE SOURCE: THE TERMINAL DATE FOR EQUITABLE In many divorce cases a critical important issue is when is the "cut off" date for equitable distribution. This basically means at what point in time are the marital assets counted to MASSACHUSETTS DIVORCE SOURCE: MASSACHUSETTS PROPERTY DIVISION Massachusetts is an equitable distribution state. Equitable does not mean equal, but rather what is deemed by the Family Court to be fair. According to the Massachusetts General Law, Chapter 208 Sections 1A and 34, in dividing property, the court considers: DIVORCE SOURCE: DIVORCE INFORMATION, TOOLS, AND SUPPORTWELCOMEABOUT US100% GUARANTEESCENTRAL LOG INCONTACT USFIND PROFESSIONALS The Divorce Source Difference. Since February 1st, 1997 (when we initially launched Divorcesource.com) we have helped millions of people contemplating or experiencing divorce. The reason we have been able to reach so many people is because DIVORCE CHECKLISTS AND WORKSHEETS Download Divorce & Financial Checklists. Each downloadable Divorce and Financial Checklist is designed to help you collect and organize the important data that you will be needed to complete your legal documents, negotiate your case, and eventually finalize your divorce. We guarantee you will not find a more informative informational divorce
VALUATION OF RETIREMENT ACCOUNTS IN DIVORCE In a divorce, the value of a defined contribution plan is easy to calculate: it is simply the balance of the account. However, the valuation date - that is the date when the plan is valued for divorce division - is very important because, unlike the defined benefit plan (the old-fashioned company pension), the value of a defined contribution
DIVORCE SOURCE: THE AUTHORITY OF A STEPPARENT TO In other states, the right of a stepparent to discipline a child in the same manner as a parent arises from case law. In Natural Mother v. Hinds County Welfare Department, 579 So. 2d 1269 (Miss. 1991), a mother of two boys, ages eight and nine, remarried after divorcing the boys' natural father. The noncustodial father reported to the child CHILD SUPPORT COMPUTATION Father Mother Combined 6 : Number of overnights with each parent If less than 121 for either parent, skip to C. 365 : a. Percentage of overnights with each parent COMMONWEALTH OF KENTUCKY CS-71 (Rev. 3/10) Page 2 of 3 INSTRUCTIONS FOR USE 1. Enter each parent’s gross monthly income . Column A for custodial parent and TOP 25 THINGS YOU MUST KNOW BEFORE GOING TO YOUR COURT Following are the Top 25 things you must know before going to your court hearing (in no particular order): If you act inappropriately by being rude or disrespectful or not mindful of the judge's orders or comments, then you will dig yourself a hole that it is nearly impossible to escape from. If the judge gets upset with you, then that judge
NEW JERSEY DIVORCE SOURCE: THE TERMINAL DATE FOR EQUITABLE The bright line rule is that date when the divorce complaint is filed is the "cut off" date to determine what marital assets will be eligible for equitable distribution. The seminal case on this area is Painter v. Painter, 65 N.J. 196 (1974). In this New Jersey Supreme Court case the court adopted a bright line rule. NEW JERSEY DIVORCE SOURCE: MOTIONS FOR RECONSIDERATION It simply allows for a correction to be made without the necessity of the aggrieved party filing a costly appeal. A motion for a rehearing or reconsideration must be filed with 20 days after service of the order upon all parties. The time period runs from the date of service of the order rather than the date when the judge signed the order. RHODE ISLAND DIVORCE SOURCE: WHAT’S THE DIFFERENCE IN Rhode Island is an equitable division state; courts divide property equitably. This does not mean equally but fairly. The court considers several factors if the parties have not agreed beforehand on distribution, including the duration of the marriage, each spouse's contribution to acquiring and maintaining the property, the best interests of the children if applicable, contribution of one DIVORCE SOURCE: DIVORCE INFORMATION, TOOLS, AND SUPPORTWELCOMEABOUT US100% GUARANTEESCENTRAL LOG INCONTACT USFIND PROFESSIONALS The Divorce Source Difference. Since February 1st, 1997 (when we initially launched Divorcesource.com) we have helped millions of people contemplating or experiencing divorce. The reason we have been able to reach so many people is because DIVORCE CHECKLISTS AND WORKSHEETS Download Divorce & Financial Checklists. Each downloadable Divorce and Financial Checklist is designed to help you collect and organize the important data that you will be needed to complete your legal documents, negotiate your case, and eventually finalize your divorce. We guarantee you will not find a more informative informational divorce
VALUATION OF RETIREMENT ACCOUNTS IN DIVORCE In a divorce, the value of a defined contribution plan is easy to calculate: it is simply the balance of the account. However, the valuation date - that is the date when the plan is valued for divorce division - is very important because, unlike the defined benefit plan (the old-fashioned company pension), the value of a defined contribution
DIVORCE SOURCE: THE AUTHORITY OF A STEPPARENT TO In other states, the right of a stepparent to discipline a child in the same manner as a parent arises from case law. In Natural Mother v. Hinds County Welfare Department, 579 So. 2d 1269 (Miss. 1991), a mother of two boys, ages eight and nine, remarried after divorcing the boys' natural father. The noncustodial father reported to the child CHILD SUPPORT COMPUTATION Father Mother Combined 6 : Number of overnights with each parent If less than 121 for either parent, skip to C. 365 : a. Percentage of overnights with each parent COMMONWEALTH OF KENTUCKY CS-71 (Rev. 3/10) Page 2 of 3 INSTRUCTIONS FOR USE 1. Enter each parent’s gross monthly income . Column A for custodial parent and TOP 25 THINGS YOU MUST KNOW BEFORE GOING TO YOUR COURT Following are the Top 25 things you must know before going to your court hearing (in no particular order): If you act inappropriately by being rude or disrespectful or not mindful of the judge's orders or comments, then you will dig yourself a hole that it is nearly impossible to escape from. If the judge gets upset with you, then that judge
NEW JERSEY DIVORCE SOURCE: THE TERMINAL DATE FOR EQUITABLE The bright line rule is that date when the divorce complaint is filed is the "cut off" date to determine what marital assets will be eligible for equitable distribution. The seminal case on this area is Painter v. Painter, 65 N.J. 196 (1974). In this New Jersey Supreme Court case the court adopted a bright line rule. NEW JERSEY DIVORCE SOURCE: MOTIONS FOR RECONSIDERATION It simply allows for a correction to be made without the necessity of the aggrieved party filing a costly appeal. A motion for a rehearing or reconsideration must be filed with 20 days after service of the order upon all parties. The time period runs from the date of service of the order rather than the date when the judge signed the order. RHODE ISLAND DIVORCE SOURCE: WHAT’S THE DIFFERENCE IN Rhode Island is an equitable division state; courts divide property equitably. This does not mean equally but fairly. The court considers several factors if the parties have not agreed beforehand on distribution, including the duration of the marriage, each spouse's contribution to acquiring and maintaining the property, the best interests of the children if applicable, contribution of one DIVORCE SOURCE: PERSONAL GOODWILL IN DIVORCE A significant majority of American jurisdictions hold that the personal goodwill of a business cannot be classified as marital property. Personal goodwill is the individual, nontransferable reputation of a specific owner. It is generally distinguished from enterprise goodwill the corporate, transferable reputation of the business itself which is marital property to the extent it was created DIVORCE SOURCE: THE AUTHORITY OF A STEPPARENT TO In other states, the right of a stepparent to discipline a child in the same manner as a parent arises from case law. In Natural Mother v. Hinds County Welfare Department, 579 So. 2d 1269 (Miss. 1991), a mother of two boys, ages eight and nine, remarried after divorcing the boys' natural father. The noncustodial father reported to the child APPEALING A DIVORCE JUDGMENT A divorce appeal is the least common and most difficult form of post judgment litigation. Divorce appeals happen in contested divorce trials when one spouse simply cannot live with results or how that result became memorialized in the final divorce decree. That former spouse, who is called the appellant, argues that the appellant court should
DIVORCE SOURCE: VALUATION Real estate commissions and related sale costs may eat up a substantial part of the gain expected to be realized when, sooner or later, the home is finally sold. When a divorcing couple decides to sell their home as part of the property division, they usually agree to divide the net sale proceeds and thereby share the cost of selling the property
TOP 25 THINGS YOU MUST KNOW BEFORE GOING TO YOUR COURT Following are the Top 25 things you must know before going to your court hearing (in no particular order): If you act inappropriately by being rude or disrespectful or not mindful of the judge's orders or comments, then you will dig yourself a hole that it is nearly impossible to escape from. If the judge gets upset with you, then that judge
PRAYER; PRAYER FOR RELIEF Prayer; Prayer for Relief. Term Definition. Prayer; Prayer for Relief - the portion at the end of the pleading that states the relief requested of the court. Application in Divorce. The prayer is what is requested in equity actions. In contemporary practice, the pleader does not pray for relief; he or she demands it. DIVORCE SOURCE: SANCTIONS FOR DISCOVERY VIOLATIONS The problems are all too familiar. Interrogatories languish unanswered; document production requests are ignored; depositions are skipped; attorneys fees mount. For many dependent spouses it is an uphill battle to force the other spouse to divulge much-needed information, yet full financial disclosure is critical for an informed settlement in equitable distribution proceedings. NEW JERSEY DIVORCE SOURCE: THE TERMINAL DATE FOR EQUITABLE The bright line rule is that date when the divorce complaint is filed is the "cut off" date to determine what marital assets will be eligible for equitable distribution. The seminal case on this area is Painter v. Painter, 65 N.J. 196 (1974). In this New Jersey Supreme Court case the court adopted a bright line rule. DELAWARE DIVORCE SOURCE: DELAWARE PROPERTY DIVISION In Delaware, the court generally accepts a fair and reasonable property division the parties agree to, but if the parties cannot agree, the Family Court divides the property within the Judgment of Divorce. Delaware is an equitable distribution state. It uses the dual classification model, and the appreciation of separate property is separate.
MASSACHUSETTS DIVORCE SOURCE: MASSACHUSETTS PROPERTY DIVISION It is a "kitchen-sink" state, and the court can divide any property owned either by the husband or spouse, or both at the time the couple files for divorce. Even if the property was inherited by one spouse or the other, it is, as they say, in the pot, and subject to division. Massachusetts divides marital property based on an equitable DIVORCE SOURCE: DIVORCE INFORMATION, TOOLS, AND SUPPORTWELCOMEABOUT US100% GUARANTEESCENTRAL LOG INCONTACT USFIND PROFESSIONALS The Divorce Source Difference. Since February 1st, 1997 (when we initially launched Divorcesource.com) we have helped millions of people contemplating or experiencing divorce. The reason we have been able to reach so many people is because DIVORCE CHECKLISTS AND WORKSHEETS Download Divorce & Financial Checklists. Each downloadable Divorce and Financial Checklist is designed to help you collect and organize the important data that you will be needed to complete your legal documents, negotiate your case, and eventually finalize your divorce. We guarantee you will not find a more informative informational divorce
VALUATION OF RETIREMENT ACCOUNTS IN DIVORCE In a divorce, the value of a defined contribution plan is easy to calculate: it is simply the balance of the account. However, the valuation date - that is the date when the plan is valued for divorce division - is very important because, unlike the defined benefit plan (the old-fashioned company pension), the value of a defined contribution
DIVORCE SOURCE: MENTALLY INCOMPETENT SPOUSES AS … As indicated by the enactment of the Americans with Disabilities Act, 42 U.S.C. 12101 et seq., society has begun to recognize that reasonable accommodations should be provided to disabled Americans so that they may enjoy the privileges associated with living in America. In the area of divorce, the Act helps insure that physically disabled people have equal access to the courts. CHILD SUPPORT COMPUTATION Father Mother Combined 6 : Number of overnights with each parent If less than 121 for either parent, skip to C. 365 : a. Percentage of overnights with each parent COMMONWEALTH OF KENTUCKY CS-71 (Rev. 3/10) Page 2 of 3 INSTRUCTIONS FOR USE 1. Enter each parent’s gross monthly income . Column A for custodial parent and PROPERTY SETTLEMENT NOTE Property Settlement Note - a deferred payment in property settlement. Very often when divorcing couples negotiate the terms and conditions of a property settlement, they agree to a structured settlement, which is a series of smaller payments paid over time, as opposed to a lump-sum payment. In this routine, a series of payments over a period of
TENNESSEE LEGAL SEPARATION Tennessee permits unhappily married couples to legally separate instead of divorce. In a legal separation, the spouses divide the assets and liabilities, provide for the custody of children, and set up financial support payments, but remain married in the eyes of the law.
NEW JERSEY DIVORCE SOURCE: THE TERMINAL DATE FOR EQUITABLE The bright line rule is that date when the divorce complaint is filed is the "cut off" date to determine what marital assets will be eligible for equitable distribution. The seminal case on this area is Painter v. Painter, 65 N.J. 196 (1974). In this New Jersey Supreme Court case the court adopted a bright line rule. RHODE ISLAND DIVORCE SOURCE: WHAT’S THE DIFFERENCE IN Rhode Island is an equitable division state; courts divide property equitably. This does not mean equally but fairly. The court considers several factors if the parties have not agreed beforehand on distribution, including the duration of the marriage, each spouse's contribution to acquiring and maintaining the property, the best interests of the children if applicable, contribution of one DIVORCE SOURCE: DIVORCE INFORMATION, TOOLS, AND SUPPORTWELCOMEABOUT US100% GUARANTEESCENTRAL LOG INCONTACT USFIND PROFESSIONALS The Divorce Source Difference. Since February 1st, 1997 (when we initially launched Divorcesource.com) we have helped millions of people contemplating or experiencing divorce. The reason we have been able to reach so many people is because DIVORCE CHECKLISTS AND WORKSHEETS Download Divorce & Financial Checklists. Each downloadable Divorce and Financial Checklist is designed to help you collect and organize the important data that you will be needed to complete your legal documents, negotiate your case, and eventually finalize your divorce. We guarantee you will not find a more informative informational divorce
VALUATION OF RETIREMENT ACCOUNTS IN DIVORCE In a divorce, the value of a defined contribution plan is easy to calculate: it is simply the balance of the account. However, the valuation date - that is the date when the plan is valued for divorce division - is very important because, unlike the defined benefit plan (the old-fashioned company pension), the value of a defined contribution
DIVORCE SOURCE: MENTALLY INCOMPETENT SPOUSES AS … As indicated by the enactment of the Americans with Disabilities Act, 42 U.S.C. 12101 et seq., society has begun to recognize that reasonable accommodations should be provided to disabled Americans so that they may enjoy the privileges associated with living in America. In the area of divorce, the Act helps insure that physically disabled people have equal access to the courts. CHILD SUPPORT COMPUTATION Father Mother Combined 6 : Number of overnights with each parent If less than 121 for either parent, skip to C. 365 : a. Percentage of overnights with each parent COMMONWEALTH OF KENTUCKY CS-71 (Rev. 3/10) Page 2 of 3 INSTRUCTIONS FOR USE 1. Enter each parent’s gross monthly income . Column A for custodial parent and PROPERTY SETTLEMENT NOTE Property Settlement Note - a deferred payment in property settlement. Very often when divorcing couples negotiate the terms and conditions of a property settlement, they agree to a structured settlement, which is a series of smaller payments paid over time, as opposed to a lump-sum payment. In this routine, a series of payments over a period of
TENNESSEE LEGAL SEPARATION Tennessee permits unhappily married couples to legally separate instead of divorce. In a legal separation, the spouses divide the assets and liabilities, provide for the custody of children, and set up financial support payments, but remain married in the eyes of the law.
NEW JERSEY DIVORCE SOURCE: THE TERMINAL DATE FOR EQUITABLE The bright line rule is that date when the divorce complaint is filed is the "cut off" date to determine what marital assets will be eligible for equitable distribution. The seminal case on this area is Painter v. Painter, 65 N.J. 196 (1974). In this New Jersey Supreme Court case the court adopted a bright line rule. RHODE ISLAND DIVORCE SOURCE: WHAT’S THE DIFFERENCE IN Rhode Island is an equitable division state; courts divide property equitably. This does not mean equally but fairly. The court considers several factors if the parties have not agreed beforehand on distribution, including the duration of the marriage, each spouse's contribution to acquiring and maintaining the property, the best interests of the children if applicable, contribution of one DIVORCE SOURCE: MENTALLY INCOMPETENT SPOUSES AS … As indicated by the enactment of the Americans with Disabilities Act, 42 U.S.C. 12101 et seq., society has begun to recognize that reasonable accommodations should be provided to disabled Americans so that they may enjoy the privileges associated with living in America. In the area of divorce, the Act helps insure that physically disabled people have equal access to the courts. DIVORCE SOURCE: PERSONAL GOODWILL IN DIVORCE A significant majority of American jurisdictions hold that the personal goodwill of a business cannot be classified as marital property. Personal goodwill is the individual, nontransferable reputation of a specific owner. It is generally distinguished from enterprise goodwill the corporate, transferable reputation of the business itself which is marital property to the extent it was created DIVORCE SOURCE: VALUATION Real estate commissions and related sale costs may eat up a substantial part of the gain expected to be realized when, sooner or later, the home is finally sold. When a divorcing couple decides to sell their home as part of the property division, they usually agree to divide the net sale proceeds and thereby share the cost of selling the property
APPEALING A DIVORCE JUDGMENT A divorce appeal is the least common and most difficult form of post judgment litigation. Divorce appeals happen in contested divorce trials when one spouse simply cannot live with results or how that result became memorialized in the final divorce decree. That former spouse, who is called the appellant, argues that the appellant court should
DIVORCE SOURCE: THE AUTHORITY OF A STEPPARENT TO In other states, the right of a stepparent to discipline a child in the same manner as a parent arises from case law. In Natural Mother v. Hinds County Welfare Department, 579 So. 2d 1269 (Miss. 1991), a mother of two boys, ages eight and nine, remarried after divorcing the boys' natural father. The noncustodial father reported to the child PROPERTY SETTLEMENT NOTE Property Settlement Note - a deferred payment in property settlement. Very often when divorcing couples negotiate the terms and conditions of a property settlement, they agree to a structured settlement, which is a series of smaller payments paid over time, as opposed to a lump-sum payment. In this routine, a series of payments over a period of
IN-STATE CHILD RELOCATION In these states, a custodial parent is given some freedom to relocate within the state without involving the court. See, e.g., Ariz. Rev. Stat. Ann. 25-408 (2004) (no notice if no more than 100 miles intrastate); Or. Rev. Stat. 107.159 (2004) (no notice if no more than 60 miles from noncustodial parent); Utah Code Ann. 30-3-37 (2004) (no notice
DIVORCE SOURCE: SANCTIONS FOR DISCOVERY VIOLATIONS The problems are all too familiar. Interrogatories languish unanswered; document production requests are ignored; depositions are skipped; attorneys fees mount. For many dependent spouses it is an uphill battle to force the other spouse to divulge much-needed information, yet full financial disclosure is critical for an informed settlement in equitable distribution proceedings. NEW JERSEY DIVORCE SOURCE: THE TERMINAL DATE FOR EQUITABLE The bright line rule is that date when the divorce complaint is filed is the "cut off" date to determine what marital assets will be eligible for equitable distribution. The seminal case on this area is Painter v. Painter, 65 N.J. 196 (1974). In this New Jersey Supreme Court case the court adopted a bright line rule. HANDLING DHR CHILD CUSTODY CASES Handling DHR Child Custody Cases. Often times parents are confronted with the Department of Human Resources (DHR) coming into their lives due to allegations regarding safety of their children. It is vital that parents seek counsel immediately. Although a DHR social worker may act as your confidant and friend while removing your children or DIVORCE SOURCE: VALUATION Real estate commissions and related sale costs may eat up a substantial part of the gain expected to be realized when, sooner or later, the home is finally sold. When a divorcing couple decides to sell their home as part of the property division, they usually agree to divide the net sale proceeds and thereby share the cost of selling the property
DIVORCE SOURCE: THE AUTHORITY OF A STEPPARENT TO In other states, the right of a stepparent to discipline a child in the same manner as a parent arises from case law. In Natural Mother v. Hinds County Welfare Department, 579 So. 2d 1269 (Miss. 1991), a mother of two boys, ages eight and nine, remarried after divorcing the boys' natural father. The noncustodial father reported to the child VALUATION OF RETIREMENT ACCOUNTS IN DIVORCE In a divorce, the value of a defined contribution plan is easy to calculate: it is simply the balance of the account. However, the valuation date - that is the date when the plan is valued for divorce division - is very important because, unlike the defined benefit plan (the old-fashioned company pension), the value of a defined contribution
DIVORCE SOURCE: THE DUTY TO SUPPORT ADULT DISABLED … The duty of support arises when the child has insufficient resources and, because of mental or physical infirmity, insufficient income capacity to enable him to meet his reasonable living expenses. 500 A.2d at 328. Pennsylvania has also focused on the economic aspect of disability. In Hanson v. PENSIONS, DIVORCE AND OFFSET STRATEGIES Women, therefore, find themselves in a position to trade spousal pension rights for other assets. When the parties have sufficient assets to do this, the offset method, trading the pension in exchange for, say, a mutual fund, may be more advantageous than a QDRO and a share of the pension. CHILD SUPPORT COMPUTATION Father Mother Combined 6 : Number of overnights with each parent If less than 121 for either parent, skip to C. 365 : a. Percentage of overnights with each parent DIVORCE SOURCE: MARITAL HOME TITLED IN PARENTS' NAMES Suppose that a spouse who has sole title to the marital home transfers it to his or her parents. Or suppose that a married couple constructs a home on real estate owned by the parents of one spouse. Or suppose that a married couple lives in and makes the mortgage payments for a home titled in the name of one spouses parents DIVORCE SOURCE: RELIEF FROM JUDGMENT DUE TO FRAUD The Florida appeals court held that his allegations, if proven, would amount to extrinsic fraud so as to justify relief from judgment. The essence of extrinsic fraud is "the deliberate use of some device to stop an adverse party's voluntary participation in the litigation process," the court said. Id. at 63. COMMONWEALTH OF KENTUCKY CS-71 (Rev. 3/10) Page 2 of 3 INSTRUCTIONS FOR USE 1. Enter each parent’s gross monthly income . Column A for custodial parent and NEW JERSEY DIVORCE SOURCE: THE TERMINAL DATE FOR EQUITABLE The bright line rule is that date when the divorce complaint is filed is the "cut off" date to determine what marital assets will be eligible for equitable distribution. The seminal case on this area is Painter v. Painter, 65 N.J. 196 (1974). In this New Jersey Supreme Court case the court adopted a bright line rule. DIVORCE SOURCE: VALUATION Real estate commissions and related sale costs may eat up a substantial part of the gain expected to be realized when, sooner or later, the home is finally sold. When a divorcing couple decides to sell their home as part of the property division, they usually agree to divide the net sale proceeds and thereby share the cost of selling the property
DIVORCE SOURCE: THE AUTHORITY OF A STEPPARENT TO In other states, the right of a stepparent to discipline a child in the same manner as a parent arises from case law. In Natural Mother v. Hinds County Welfare Department, 579 So. 2d 1269 (Miss. 1991), a mother of two boys, ages eight and nine, remarried after divorcing the boys' natural father. The noncustodial father reported to the child VALUATION OF RETIREMENT ACCOUNTS IN DIVORCE In a divorce, the value of a defined contribution plan is easy to calculate: it is simply the balance of the account. However, the valuation date - that is the date when the plan is valued for divorce division - is very important because, unlike the defined benefit plan (the old-fashioned company pension), the value of a defined contribution
DIVORCE SOURCE: THE DUTY TO SUPPORT ADULT DISABLED … The duty of support arises when the child has insufficient resources and, because of mental or physical infirmity, insufficient income capacity to enable him to meet his reasonable living expenses. 500 A.2d at 328. Pennsylvania has also focused on the economic aspect of disability. In Hanson v. PENSIONS, DIVORCE AND OFFSET STRATEGIES Women, therefore, find themselves in a position to trade spousal pension rights for other assets. When the parties have sufficient assets to do this, the offset method, trading the pension in exchange for, say, a mutual fund, may be more advantageous than a QDRO and a share of the pension. CHILD SUPPORT COMPUTATION Father Mother Combined 6 : Number of overnights with each parent If less than 121 for either parent, skip to C. 365 : a. Percentage of overnights with each parent DIVORCE SOURCE: MARITAL HOME TITLED IN PARENTS' NAMES Suppose that a spouse who has sole title to the marital home transfers it to his or her parents. Or suppose that a married couple constructs a home on real estate owned by the parents of one spouse. Or suppose that a married couple lives in and makes the mortgage payments for a home titled in the name of one spouses parents DIVORCE SOURCE: RELIEF FROM JUDGMENT DUE TO FRAUD The Florida appeals court held that his allegations, if proven, would amount to extrinsic fraud so as to justify relief from judgment. The essence of extrinsic fraud is "the deliberate use of some device to stop an adverse party's voluntary participation in the litigation process," the court said. Id. at 63. COMMONWEALTH OF KENTUCKY CS-71 (Rev. 3/10) Page 2 of 3 INSTRUCTIONS FOR USE 1. Enter each parent’s gross monthly income . Column A for custodial parent and NEW JERSEY DIVORCE SOURCE: THE TERMINAL DATE FOR EQUITABLE The bright line rule is that date when the divorce complaint is filed is the "cut off" date to determine what marital assets will be eligible for equitable distribution. The seminal case on this area is Painter v. Painter, 65 N.J. 196 (1974). In this New Jersey Supreme Court case the court adopted a bright line rule. DIVORCE SOURCE: PERSONAL GOODWILL IN DIVORCE A significant majority of American jurisdictions hold that the personal goodwill of a business cannot be classified as marital property. Personal goodwill is the individual, nontransferable reputation of a specific owner. It is generally distinguished from enterprise goodwill the corporate, transferable reputation of the business itself which is marital property to the extent it was created HOUSE APPRAISAL IN A DIVORCE House Appraisal in a Divorce. Most states use a system to ensure equitable distribution of property, which attempts to fairly compensate divorcing spouses for their contribution to the marriage. Equitable means fair, and does not necessarily mean a 50-50 split. The divorce distribution generally favors the spouse with fewer economic resources.
PENSIONS, DIVORCE AND OFFSET STRATEGIES Women, therefore, find themselves in a position to trade spousal pension rights for other assets. When the parties have sufficient assets to do this, the offset method, trading the pension in exchange for, say, a mutual fund, may be more advantageous than a QDRO and a share of the pension. CHILD SUPPORT COMPUTATION Father Mother Combined 6 : Number of overnights with each parent If less than 121 for either parent, skip to C. 365 : a. Percentage of overnights with each parent DIVIDING PENSION AND RETIREMENT BENEFITS Dividing Pension and Retirement Benefits. Under the Family Code of California, community property is divided between the spouses 50/50. Retirement benefits are a form of employment compensation, like earnings. Thus, regardless of when the benefits are vested or matured, for pensions based on time of service as opposed to a point system fn-1
DIVORCE SOURCE: RELIEF FROM JUDGMENT DUE TO FRAUD The Florida appeals court held that his allegations, if proven, would amount to extrinsic fraud so as to justify relief from judgment. The essence of extrinsic fraud is "the deliberate use of some device to stop an adverse party's voluntary participation in the litigation process," the court said. Id. at 63. PRAYER; PRAYER FOR RELIEF Prayer; Prayer for Relief. Term Definition. Prayer; Prayer for Relief - the portion at the end of the pleading that states the relief requested of the court. Application in Divorce. The prayer is what is requested in equity actions. In contemporary practice, the pleader does not pray for relief; he or she demands it. FLORIDA LEGAL SEPARATION Florida family law provisions establish the grounds for divorce or obtain orders legalizing a marital separation, and they dictate the procedures used to pursue both divorce and legal separation. In Florida, a spouse may request court adjudication of certain issues if COUNTRY CLUB MEMBERSHIPS AS DIVISIBLE PROPERTY IN DIVORCE In determining whether an interest constitutes marital property, the court must first determine whether that interest meets the legal definition of property. Interests which do not constitute property, such as educational degrees and future inheritances, cannot be divided upon divorce. See generally Brett R. Turner, Equitable Distribution of Property 5.06, 6.20, 6.27 (2d ed. 1994 & Supp. 2004). IOWA DIVORCE SOURCE: IOWA PROPERTY DIVISION In Iowa, the court generally accepts a fair and reasonable property division the parties agree to, but if the parties cannot agree, the property is divided by the District Court within the Judgment of Divorce. Iowa is an equitable distribution state. When the parties are unable to reach a
Custody Tracker
Schedule, Track & Report. X Close
Taking Action
Get Answers Start Your Divorce Stop Your
Divorce Divorce Forms Online Support
Divorce Tools
Online Divorce
Online
Negotiation
Custody Tracker
QDRO Preparation
Info Categories
Contemplating Divorce Children & Divorce
Divorce, Dollars & Debt Divorce Laws
Divorce Process
Divorce Negotiation
State Resources
California Florida
Illinois
New York
Texas
More Information
Articles Checklists Research Center
Cases of Interest
Dictionary
Encyclopedia
Encyclopedia
(pop-up) Blogs
For Professionals
Generate Clients
Free Network Page
Submit Articles
Sign In
Welcome About Us
100% Guarantees
Central Log in
Contact Us
Find Professionals
Start Your
Divorce States
Categories
Forms
Divorce Laws Articles Forums
Blogs
Encyclopedia
Checklists
Tools
Bookstore
For
Professionals
Welcome | About Us
| 100% Guarantees
| Central Log in
| Contact Us
Choose Your State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Wash. DC Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming FIND PROFESSIONALS
START DIVORCE
STATES
CATEGORIES
FORMS
DIVORCE LAWS
ARTICLES
FORUMS
BLOGS
Encyclopedia
Checklists
Tools
Downloads
Bookstore
Choose Your State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Wash. DC Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Vermont Virginia Washington West Virginia Wisconsin Wyoming Start Your Divorce
Taking Action
Get Answers Start Your Divorce Stop Your
Divorce Divorce Forms Online Support
DivorceDesk
Divorce Tools
Online Divorce
Online
Separation
Online Negotiation
Custody Tracker
Parenting Class
QDRO Preparation
Info Categories
Contemplating
Children & Divorce
Divorce & Dollars
Divorce Laws Divorce Process Divorce Negotiation
State Articles
California
Florida
Illinois
Minnesota New
Jersey
New York
Pennsylvania
Texas
Virginia
More Information
Articles Checklists Research Center
Cases of Interest
Dictionary
Encyclopedia
E-pedia
(pop-up) Blogs
For Professionals
Generate Clients
Free Network Page
Submit Articles
Sign In
Network Sites
Divorce Support Online Divorce What you need to know about divorce. Helping people facing divorce is what we do best. We are the go-to resource because our "passion for a better divorceSM" is fulfilled by providing you access to quality information, products and services to help you achieve the most successful experience possible. Join Network
Free Network Page
Find Professionals & State Specific Information If you need legal advice, you will most likely be hiring a Lawyer or Mediator to begin your proceedings. All it takes is making a phone call to set up an initial consultation, which is often offered free of charge. Start by visiting your state Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Wash. DC
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
N. Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
Knowing the Divorce Laws Parenting Through Your Divorce The Marital Home & Other Property Dividing a Retirement Account Understanding the Military Divorce Today's Highlights: Sunday, June 6, 2021 * Dividing Ongoing Business Operations In Dissolution of Marriage Proceedings
* How to Handle Undisclosed Assets After a Judgment of Dissolution of Marriage has Already Been Entered? * What is Discovery in a Divorce Case? * Orders of Protection and Divorce * Change of Name After Divorce * Dividing the Wedding Gifts in a Dissolution of Marriage * Ways to Challenge Prenuptial Agreements in Divorce Cases * What Should You do if the Premarital Agreement is Unenforceable or Invalid Prior to Dissolution of Marriage? Recent Blog Posts
Do It Yourself Resources & Tools SAVE ON LEGAL FEES with our "Do It Yourself" resources and tools. * Online Divorce
-
complete & print your own divorce papers. * Free Divorce Worksheet -
you must organize before you finalize. * Free Separation Agreement -
put everything in writing. * Download Center
- instantly
download book, manuals, & software. * Bookstore
- over 100
titles with confidential shipping. * DivorceDesk
TM -
build & manage letters and documents. * Online Negotiation - settle you own divorce online. * Custody & Support Tracker - manage and track you parenting plan online. OUR MOST POPULAR DOWNLOAD BOOKS delivered instantly. * How to Win Child Custody * How to Hire the Right Divorce Lawyer * The Men's Rights Manual for Divorce * The Women's Rights Manual for Divorce * The Divorce Record Keeper Information Categories About Professionals
Affairs & Divorce
Alimony & Spousal Support Bankruptcy & Divorce Children & Divorce
Child Relocation
Collaborative Law
Collect & Paying Child Support Contemplating Divorce Divorce, Dollars & Debt Divorce Financial Planning Divorce Laws
Divorce Myths
Divorce Negotiation
Divorce Process
Divorce Recovery
Divorce Statistics
Estate Planning & Divorce Friendly Divorce
Grandparent Rights
Insurance & Divorce
Lawyer-Client Relationship Name Change & Divorce Military & Divorce
Men's & Father's Rights Parental Alienation
Parenting Through Divorce Paternity Issues
Pensions & Divorce
Surviving Divorce
Taxes & Divorce
Women's & Mother's Rights Easily Connect With a Lawyer or Mediator Have Divorce Professionals from Your Area Contact You! Enter Your Zip Code: ------------------------- The Research Center
Give Our Research Center a Try . Gain access to the same research material that lawyers often use to establish and win cases. This material consists of legal journal articles and case explanation/analysis documents on a wide range of topics. If you think your situation is unique, your answers will most likely be here. In order to gain access to this area, you must establish an account, but you can search the documents before deciding.
------------------------- The Divorce Source Difference Since February 1st, 1997 (when we initially launched Divorcesource.com) we have helped millions of people contemplating or experiencing divorce. The reason we have been able to reach so many people is because we have made it a priority to listen to our customers . We have built a trust by listening and delivering what the customer needs, rather than what we think they want. This is the Divorce Source difference .
Easily Connect With a Lawyer or Mediator Have Divorce Professionals from Your Area Contact You! Enter Your Zip Code: DIY ONLINE DIVORCE
3StepDivorceTM is an easy, affordable online solution that helps you prepare all your divorce paperwork in less than one hour. Begin Here
CONTEMPLATING DIVORCE? This tutorial has been written to help people who are contemplating divorce or separation better understand what lies ahead. This overview will allow you to make better and more confident decisions. Learn More
DIVORCE CHECKLISTS
These checklists will not only help you organize vital information, but also itemize the information you may need for your own personal reference or to provide to a professional. View Checklists
NEGOTIATE YOUR DIVORCE So you and your spouse have a few issues to iron out? You are not alone, but you do not have to spend thousands on a lawyer to reach an agreement.
Negotiate Now
ONLINE QDRO PREPARATION QdroDeskTM. provides family law attorneys, their clients, and pro se filers an instant, easy, accurate, and affordable way to prepare Qualified Domestic Relations Orders (QDROs), the appropriate settlement agreement language, and processing instructions. And does it all online, with an easy to use, question-and-answer format that has made QdroDeskTM. an industry leader. Begin Here
Start Your Divorce Today (Explore your options) Site Map About Us
Contact Us
Join Network
Create Network Page
The information contained on this page is not to be considered legal advice. A lawyer should always be consulted in regards to any legal matters. Divorce Source is also not a referral service and does not endorse or recommend any third party individuals, companies, and/or services. Divorce Source has made no judgment as to the qualifications, expertise or credentials of any participating professionals.
Terms & Conditions | Privacy "a passion for a better divorce℠" Established in 1996
1996 - 2021 MH Sub I, LLC dba Divorce Source. All Rights Reserved. a helpful resource for people since 2.1.97
