If you and your spouse are unable to divide your property via a Separation Agreement in a Dissolution of Marriage or Settlement Agreement in a Divorce proceeding, the Court will need to do it for you. In order divide your property, the Court will go through the following steps.
First, the Court will determine which property is separate property and which is marital property.
Separate property means any of the following: an inheritance received by a spouse during the marriage; any property acquired by a spouse prior to the date of marriage; passive income and appreciation acquired from separate… Read the rest
As the world now knows, Arnold Schwarzenegger fathered an illegitimate child, what many news outlets have referred to as a “love child,” with a member of his household staff over ten years ago. Now Mr. Schwarzenegger has reportedly hired an attorney to prepare for the inevitable divorce proceedings with his wife, Maria Shriver.
Should Arnold’s extramarital affair affect his divorce proceedings? Should Maria be awarded a greater amount of spousal support or a greater share of the marital property to compensate her for Arnold’s impropriety?
These questions are not limited to Arnold… Read the rest
First, make sure your spouse is on the same page. In order to obtain a dissolution of marriage, both you and your spouse must not only agree to terminate your marriage, but also must agree to all the terms. If you and your spouse cannot agree, then you will have to file for divorce in order to end your marriage.
The following is a list of issues that must be settled with your spouse in order to obtain a dissolution of marriage:
1.) Division of all your property and debts– This includes division of all real estate, bank accounts, retirement accounts, personal property, credit card … Read the rest