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An engagement/wedding ring is considered a conditional gift given by, one to another, on the promise that the two people will marry. Once that condition is satisfied through marriage, title to the engagement/wedding ring transfers to the recipient and is, therefore, not subject to division of property in a divorce.
This information is included as part of the Confidential Litigant Information Sheet that is submitted with the initial pleadings filed. It is mandatory information needed by the Court.
The parents’ written agreement about a schedule for when the children will be with each parent and how the parents will make decisions about the health, education, and welfare of the children.
A legal document that spells out the terms of a divorce and provides a framework for the relationship between former spouses after divorce. MSAs are also sometimes called Property Settlement Agreements.
The earlier a dispute goes to mediation, the more likely it can be settled. The longer people are involved in disputes, the more they become committed to their positions and are less willing to consider other points of view. Here are a few ideas as to when mediation may be considered helpful:
- There is an issue in dispute;
- All parties to the dispute are willing to meet and try to settle it;
- The parties have some trust in each other;
- Parties want a flexible and informal process;
- No party can ignore the problem;
- Other options for resolving the dispute are too expensive or too slow;
- The case requires a creative solution; or
- The parties would prefer to settle the dispute in private.
Yes. A spouse who will be paying child support or alimony to their ex-spouse must obtain life insurance to cover their child support or alimony payments in the event of the paying spouse’s death. The amount of life insurance to be purchased is calculated by multiplying the amount of child support or alimony to be paid by the term, in years, of the child support or alimony payment.
“Service” of divorce papers is the legal process by which you give your spouse the required notice of the divorce. This basically means you need to make sure your spouse gets a copy of the divorce complaint and summons (divorce paperwork). The easiest way to do this is to get your spouse to agree to accept service, and sign an acknowledgement saying he or she was served. If your spouse refuses, you’ll have to ask a third person to serve your spouse. This third person could be the local sheriff, an attorney or attorney’s agent (such as a process server). This third person should deliver the complaint and summons to your spouse (literally hand them to your spouse), or deliver them to your spouse’s home, and leave them with a competent member of your spouse’s household that’s at least 14 years old. If, despite your efforts, your spouse manages to avoid service, you may be able to mail a copy of the summons and complaint to your spouse’s home address via registered or certified mail.
Child support ends when a child is declared emancipated by a judge (or by agreement of the parties). A child can also be declared emancipated when the child completes his/her formal education unless prior thereto a child marries or becomes employed full time. Thus, child support can continue while a child completes his/her college (and in some cases post-graduate) education.
Alimony is determined based on criteria laid out in the alimony statute and varies from case to case based on the incomes or income-earning ability of the spouses, the length of the marriage, the educational background and earnings history of each spouse, and the standard of living that the parties were able to achieve in their marriage.