Which state has jurisdiction in a divorce?
Which state has jurisdiction in a divorce?
A: The home state of the child has custody jurisdiction, unless one state asserts continuing jurisdiction. The state that rendered the original custody decree can assert jurisdiction in any modification proceeding as long as one of the parties remains a resident and that state has jurisdiction under its own laws.
How is property divided after a divorce?
When you get divorced, community property is generally divided equally between the spouses, while each spouse gets to keep his or her separate property. Equitable distribution: In all other states, assets and earnings accumulated during marriages are divided equitably (fairly) but not necessarily equally.
What is fair in a divorce settlement?
People facing a property settlement at the end of a marriage or de facto relationship often assume that it is “fair” that each party to the relationship receive 50 percent of the assets, debts and superannuation.
Does my wife get half of everything in a divorce?
The court will generally divide the marital property in half, and each spouse will get one half of the total property. The court can give one spouse more property than the other spouse if the court has a good reason to do so.
How do I force the sale of my house after divorce?
The division of real property owned by a divorcing or now divorced couple isn’t usually possible, so a court-ordered sale is the normal end result. If you use a partition lawsuit to force your ex-spouse to sell the home you jointly owned together, you’ll also usually have to divide any proceeds.
What happens if one person wants to sell a house and the other doesn t?
If Your Partner Refuses Permission If you want to sell and your partner doesn’t (or vice versa), one person can begin an action of division and sale in court. However, the other party can petition the court to a division of the proceeds, or to buy the place at a market price or one decided by the court.
Can my ex husband sell our house without my signature?
You can only sell the house without consent from your spouse (this includes civil partnerships) if they are not joint owners. If you are the only person named on the official copies or title deeds for the property then you are the sole owner and you would not fall into this category.
Can you lose everything in a divorce?
If you live in a state with community property laws, you could lose half of everything that’s jointly owned in a divorce. In these states, marital assets — and debts incurred by either spouse during the marriage — are divided 50/50.
