Answers to Frequently Asked No-Fault Divorce Questions
Standard Legal’s No-Fault Divorce legal forms software is intended to be used only in situations where both spouses have reached full agreement on the division of all assets, property and liabilities for the impending divorce.
So the nature of the question and the nature of the use of the legal forms software title are not in sync.
Typically, a divorcing couple filing for No-Fault Divorce has two options in regard to jointly held real estate:
A Divorce Agreement and divorce order does not change or alter the terms of a Promissory Note, per se.
If a party is refusing to execute a Deed to transfer property pursuant to a court order to do so, then the party to whom the property is to be transferred has the right or option to seek the court’s assistance in compelling such transfer.
Generally, if a Trust is a Revocable Trust and the grantor(s) is (are) still alive, then the property in the Trust (i.e., owned by the Trust) remains Trust property until the stated action within the Trust calls for distribution.
While filing for Divorce during the process of a Chapter 13 Bankruptcy could change your financial situation, the divorce is but one factor among many that should be considered as a part of the continuing bankruptcy action.
Signing a Quitclaim Deed with a different name other than the same name as on the original deed — be it a former name or a maiden name — could create issues with the transfer of title.
The respective earnings and earning potential of each spouse is the primary consideration when the Court is determining alimony. But other factors are also used.
The purpose of a Prenuptial Agreement is to make provisions for the retention or division of property upon the filing of a divorce.
The divorce proceeding itself is the only time that the terms of the ‘prenup’ are applied: when the parties separate and a divorce is pending.
There is a substantial difference between receiving assets distributed from a Will, and being named as a potential future beneficiary in a Will — as well as how that distinction is treated legally.