Tag Archives: Family court

Can I change property distribution judgment after divorce?

Recently on our legal forum a user asked, “I have been married for 15 years. I knew my spouse was hiding things from me, but I recently found out there were several valuable assets that were hidden from me during the divorce proceeding. Our divorce was finalized last month. I am wondering what rights I might have to get the courts to reopen the property distribution judgment and get the portion of the property that was mine redistributed to me. I live in the State of Kansas.”

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Divorce in Arizona: Part 1

‘Covenant marriage’ requires specific grounds in otherwise no-fault, community-property state

May 03, 2011

By Mike Hinshaw

We also discuss some state law in “Getting a divorce in Phoenix“; also, please see related articles “Divorce in Arizona, Part 2“;  and “Getting a divorce in Tucson.”

Only one reason needed for no-fault divorce

From a state-law perspective, the first thing to know is that Arizona is both an almost purely no-fault state and a community-property state. The state bar offers an online Legal Resource Guide, which includes a section on divorce. According to the guide,  “The only ground for a divorce in Arizona is that the marriage is ‘irretrievably broken’ with ‘no reasonable prospect for reconciliation.’ This is a ‘no-fault’ state, which means that it is not necessary (and usually not even allowed) to say which person caused or wants the divorce.”

Division of property, debt should be ‘equitable’

As far as dividing property and debt, “Arizona is a community property state. That means that all property and all debts acquired during the marriage are presumed owned by both parties together, regardless of in whose name the property is held. This presumption ends when divorce papers are filed and served on the other party.

“Arizona law says that the property is divided “equitably,” which usually means equally. After all the property is taken into account, the intent is that each party ends up with approximately half of the total property value, including all retirement and 401(k) accounts. It is important to have advice from a tax professional to understand the potential tax consequences caused by the property division.”

Unfortunately, spouses are usually held accountable for half of the other spouse’s debt–even if ignorant of the debt.

Legal separation and ‘covenant marriage’

Legal separation is an option in Arizona. However, an unusual wrinkle in Arizona law is provision for a “covenant marriage,” which is designed to make divorce more difficult, that is, to slow down so-called “quickie divorce.” Three other states have made provision for covenant marriage: Louisiana (the first to do so), Arkansas and Kansas.  You can use the preceding pair of links for more info, but the takeaway is that both legal separation and divorce is more restricted for covenant marriages; the no-fault provisions do not apply and are not available.

Separation can be converted by Court into divorce petition

Also, notice this warning, which covers state law, from the Maricopa Superior Court: “If the other party does not want a Legal Separation, the Court may change the Petition for Legal Separation into a Petition for Divorce if you and/or your spouse have lived in Arizona for the last 90 days prior to filing the Petition for Legal Separation.”

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And that’s where our Web site comes in–If you’re ready to begin the search for a compatible, well trained, experienced divorce attorney, you can start with our free case evaluation (see below). If you need more information, please browse our site, using the tabs at the top of the page.

Consider the Cost of Child Custody in Virginia

When it comes to a divorce, child custody is one of the most difficult problems that Virginia faces today. Trying to decide what is best for the children involved is a responsibility many have lost countless nights of sleep over. The costs, financially, emotionally, and in time, consumes the parents, children, and the state governments trying to untangle the mess of a broken marriage.

So, why is it that some in the United States has so many problems with such a natural event as raising children? There are many reasons, but probably the overwhelming factor for contributing to problems with child custody is maturity. Merriam Webster defines maturity as attaining a final or desired state. When it comes to raising and taking care of children, a desired state should mean taking on all responsibilities that go along with attaining the goal of raising children to the legal age of adulthood. Being able to do so requires you recognize and devote yourselves to the resources at hand that will help you attain the goal. Some of the basic resources necessary to raise children include a source of income, a nurturing and positive environment, adequate shelter, preparation for the future, good healthcare, and an adequate diet. In a nutshell, raising children requires you to be responsible at working hard to provide the basic resources for your children. Both you and your spouse should be in sync, dedicated, determined, and focused on your goals if you expect to be successful in raising healthy children.

When a marriage becomes irretrievably broken, as a spouse, what does your mature responsibility then become to your children? In places like Richmond, Petersburg, and other cities around Virginia, if a friendly and formally signed agreement between the spouses concerning basic resources for the children has not been made, either a Circuit Court, Juvenile and Domestic Relations Court, or a Family Court, whichever has jurisdiction, may decide what is ultimately best for the children. If either or both of you are capable parents, one of you may be chosen as the primary physical care taker of the children, called the custodial caretaker. The one of you not chosen as the custodial caretaker will then be referred to as the non-custodial caretaker. Regardless of how you are now referred to by the courts, neither of you loses the responsibility of raising your children to a healthy adulthood. Because the primary custodial caretaker keeps the children most of the time, their resources, like income, will be depleted faster than the non-custodial caretaker’s. Therefore, it stands to reason, if you are the non-custodial caretaker, you may be ordered to contribute toward your child’s resources through what the courts call child support.

In Virginia, child support is usually based on the Income Shares Model for calculating child support. The monthly support amount determined by applying the guidelines is divided proportionally according to each parent’s income. These two support amounts are then offset to establish which parent will pay the other parent for support of the child. All income is typically verified by examining past W-2’s and child support worksheets are available at the courthouse. These figures are normally arrived at by the courts after carefully and meticulously figuring out a fair amount the non-custodial caretaker can contribute to the resources of the children, and the amount of resource needs of the children. Ideally, the amounts chosen are not intended to break either side, but to maintain the level of resources that best supports the general welfare of the children involved.

Maybe you have found yourself in the predicament of divorcing with children, and you are not sure what is fair and what is not fair when it comes to your children. If you and your spouse cannot amiably agree on a legal solution, you may need legal counsel from a professional who is trained to help you in your situation. Do the mature thing and contact us right now at www.divorceattorneyhome.com, and we will put you in touch with a divorce lawyer in your area that can help you on legal matters concerning child custody and support.

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Consider the Cost of Child Custody in Boston Massachusetts

When it comes to a divorce, child custody is one of the most difficult problems that couples in Boston, Massachusetts face today. Trying to decide what is best for the children involved is a responsibility many have lost countless nights of sleep over. The costs, financially, emotionally, and in time, consumes the parents, children, and the state governments trying to untangle the mess of a broken marriage.

So, why is it that some in the United States has so many problems with such a natural event as raising children? There are many reasons, but probably the overwhelming factor for contributing to problems with child custody is maturity. Merriam Webster defines maturity as attaining a final or desired state. When it comes to raising and taking care of children, a desired state should mean taking on all responsibilities that go along with attaining the goal of raising children to the legal age of adulthood. Being able to do so requires you recognize and devote yourselves to the resources at hand that will help you attain the goal. Some of the basic resources necessary to raise children include a source of income, a nurturing and positive environment, adequate shelter, preparation for the future, good healthcare, and an adequate diet. In a nutshell, raising children requires you to be responsible at working hard to provide the basic resources for your children. Both you and your spouse should be in sync, dedicated, determined, and focused on your goals if you expect to be successful in raising healthy children.

When a marriage becomes irretrievably broken, as a spouse, what does your mature responsibility then become to your children? In Boston, if a friendly and formally signed agreement between the spouses concerning basic resources for the children has not been made, the Trial Court, the Probate and Family Court Department of the Commonwealth of Massachusetts, may decide what is ultimately best for the children. If either or both of you are capable parents, one of you may be chosen as the primary physical care taker of the children, called the custodial caretaker. The one of you not chosen as the custodial caretaker will then be referred to as the non-custodial caretaker. Regardless of how you are now referred to by the courts, neither of you loses the responsibility of raising your children to a healthy adulthood. Because the primary custodial caretaker keeps the children most of the time, their resources, like income, will be depleted faster than the non-custodial caretaker’s. Therefore, it stands to reason, if you are the non-custodial caretaker, you may be ordered to contribute toward your child’s resources through what the courts call child support.

In Massachusetts, child support is based on a percentage of income formula which calculates the support obligation as a percentage of the income of the non-custodial parent who is obligated to support the child. This method simply applies a percentage to the income of the parent according to the number of children requiring support. These figures are normally arrived at by the courts after carefully and meticulously figuring out a fair amount the non-custodial caretaker can contribute to the resources of the children, and the amount of resource needs of the children. Ideally, the amounts chosen are not intended to break either side, but to maintain the level of resources that best supports the general welfare of the children involved.

Maybe you have found yourself in the predicament of divorcing with children, and you are not sure what is fair and what is not fair when it comes to your children. If you and your spouse cannot amiably agree on a legal solution, you may need legal counsel from a professional who is trained to help you in your situation. Do the mature thing and contact us right now at www.divorceattorneyhome.com, and we will put you in touch with a divorce lawyer in your area that can help you on legal matters concerning child custody and support.

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