Category Archives: Divorce Law

Ways of Trying to Save Your Marriage

There are very few couples who like the prospect of getting divorced. After all, when a marriage ends, it is tough for the concerned couple and also for their other family members. Sadly though, for some couples, there is no other choice apart from getting divorced. When such a situation occurs, both the partners may be under stress, saddened and disillusioned. It is natural for some spouses to realize at this juncture that they should save their marriages at all cost. In fact, it is not an unusual reaction. Though situation like this may appear hopeless, it is still possible to save some marriages. Read on how it is not an impossible task to save a marriage even while a divorce appears imminent. Both the parties need to be vulnerable  The spouses must be vulnerable in order to save their marriage and enjoy a blissful life. When spouses start expressing and being vocal about their inner feelings once again, their hearts are bound to open. Both the parties are reserved and….. To continue reading this legal news please click Read full information...

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Distribution of Assets of a Trust not allowed by Florida Divorce Court

Equitable distribution in Florida during a divorce can be a frightening prospect.  What are the rules regarding distribution of assets of a trust in a divorce?  Does the divorce court have the authority to distribute trust assets? The appellate courts in Florida have addressed this issue.  The appellate court held that without consent from all beneficiaries to the trust, the trial court did not have the authority to distribute any asset of the trust.  See Sylvester v. Sylvester, 557 So.2d 599, 600 (Fla. 4th DCA 1990).  In Sylvester, the court held that the trial court’s finding that the irrevocable trust, which was the only source from which the husband could comply with the judgment, could be terminated by husband at any time, was erroneous due to the court’s failure to have all indispensable parties before it.  The trust would have to be before the court joined with the trustee and beneficiaries. Similarly, in Minsky v. Minsky, 779….. To continue reading this legal news please click Read full information...

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Is Spousal Support Like a Source Of Income In Divorce?

It often happens that during a marriage the wife sacrifices her career to become a homemaker. In some cases, the husband also sacrifices big career choices for the family. But after a divorce such individuals find it hard to get back into the workforce. Spousal support does exist for the partner who is less well-off than the other partner but can it be a source of income? Spousal support is a type of financial assistance that is provided to a partner as a recognition for his/her contribution to the marriage. Legally married couples are entitled to alimony and the rules vary from state to state. Law courts in California offer financial assistance based on factors like marriage duration, earning capacity of each partner and contribution to the household. Different types of spousal support There are different types of spousal support depending upon the spouse’s condition and the amount of monetary help needed by them. Transitional spousal support provided to individuals who….. To continue reading this legal news please click Read full information...

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Divorce Arbitration: An Alternative to Traditional Fault Divorce

Traditional divorce, which in most cases is fault divorce, is viewed as a time-consuming and an expensive way to end a marriage. Couples who once shared everything together suddenly find themselves as mortal enemies, fighting to divide the life they built for themselves. To avoid this life-shattering process, divorce arbitration has become a common tool to resolve the many legal issues that typically arise in the separation process. Divorce attorneys, like Anthony Carbone, are increasingly viewing divorce arbitration as an alternative to a court divorce trial which can become ugly at times. This increasingly used way of taking on divorce can help couples avoid a time-consuming and expensive trial. In many cases, these trials can drag one of the parties involved through the proverbial mud in a very public matter. Divorce arbitration is a more efficient, private, and cost-effective way to settle a divorce. This process helps once-in-love couples retain control over life decisions….. To continue reading this legal news please click Read full information...

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Epstein Credits and How They Can Affect Your Divorce

Epstein credits come up often in California divorce proceedings and as such it pays to know a bit about it. Spouses often learn about these from their lawyers and it is often a contested issue. Epstein Credit The term Epstein credit originated from the Marriage of Epstein case. This 1979 case is a published California case. The Epstein credits initially partially became a part of the California Family Code, section 2626. The code states, “The court has jurisdiction to order reimbursement in cases it deems appropriate for debts paid after separation but before trial.” So, the Epstein credit is basically a form of reimbursement. It offers reimbursement to the spouse who pays community expenses or debts after separation but before the trial. This applies when the spouse pays such expenses with their post separation money. The reimbursement that they receive is actually the other spouse’s share of that particular debt or expense. As example of the type of expense….. To continue reading this legal news please click Read full information...

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