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The Fate of Intellectual Property In Divorce
Author: Evan Bailyn
"Intellectual property" refers to things like patents or copyrights, which have the potential to produce future income. When one spouse holds an interest in an item of "intellectual property", the courts see the income from this as marital or community property.
The Elements of Corroboration
Author: Evan Bailyn
When Corroboration is Required
The corroboration of plaintiff's testimony pertaining to the reasons for divorce is required in several jurisdictions in order to prevent collusion or fraud.
In most jurisdictions the law holds that, an explicit statute is required for the corroboration of plaintiff's testimony regarding the reasons for a divorce to be compulsory.
Personal Injury Assets in a Divorce
Author: Evan Bailyn
It is the charge of the trial court in a divorce proceeding to oversee equitable distribution of the marital estate. They have broad discretion in this matter, determining division of joint property and choosing to award the property of one spouse to another in any fashion that serves the ultimate goal of fairness.
IRA Benefits and Divorce
Author: Evan Bailyn
In the event of a divorce, the court has the authority to divide or allocate all the property and assets belonging to both parties. This includes pension plans and other retirement assets.
Division of IRA Accounts
Individual retirement accounts (IRAs) may fall under a different category.
Insanity as a Defense in Divorce
Author: Evan Bailyn
Insanity has played a variety of roles in the defense of divorce cases. In general, courts have held that an act committed by a spouse as a result of that spouse's insanity does in and of itself provide grounds for divorce or separation.
How Homosexuality Can Affect Divorce
Author: Evan Bailyn
Changing Times
The rise of an openly gay segment of our population and a subculture built around sexual orientation has been one of the most significant societal changes in the last thirty years. Much like the civil rights movement, it has grown in complexity and import of its own accord, despite and, on occasion, because of resistance to it.
Divorce and the Incompetent Spouse
Author: Evan Bailyn
The Limits of Guardianship
Laws governing the rights of a mentally incapacitated person stem from the presumption that such person has the same legal capacity to sue as anyone else, provided he or she has not been found to be incompetent through adjudication and placed under some sort of guardianship.
Divorce and the Death of a Spouse
Author: Evan Bailyn
The Key Question is Intent
Because of the personal nature of a divorce action, it has generally been held that, upon the death of a spouse, the action terminates. However despite termination, courts will still consider adjudication of property rights. Complication of property rights issues occurs when there is a separation agreement in place but the divorce is not finalized.Generally,
Competing Business and Its Effect on Divorce
Author: Evan Bailyn
When ruling on a divorce case where a small business is one of the assets to be divided, the court can decide to value and give the business to one party, leave both spouses as co-owners, or order its sale and the division of proceeds.
Children of Divorce and Religious Disputes
Author: Evan Bailyn
Religious Continuity
The religious differences of parents who divorce can often become a point of contention regarding the raising of children. It's a direct collision of custodial and parental issues with the First Amendment right to freedom of religion. Generally the rule is that the custodial parent has the authority to make decisions regarding the child's religious upbringing.
Four Tips to Save You Money in a Divorce Case
Author: Scott Morgan
1. Have an Clear Written Fee Agreement
Most experienced and effective divorce attorneys charge by the hour and require an advance retainer (or deposit) that is paid at the beginning of the case. Fees and expenses will be charged against the retainer until it is exhausted, at which point the client will be responsible for any additional sums incurred.
Deciding On Spousal Support
Author: S. A. Baker
No matter which side you are on, spousal support is something that will need to be taken care of during a divorce. Something must be decided about spousal support, yet, where are you to begin? What are you going to do to resolve this issue of spousal support?
Divorce, The Hardest Thing You Have To Do
Author: S. A. Baker
Divorce. The word itself scares many people. The thought that all that you have worked for within your marriage has failed is enough to wreck lives. But, once your head clears enough to see through the tears and fights, you will need to begin your search for answers about divorce.
Post-divorce Alimony In Texas
Author: Scott Morgan
This article provides a brief overview on Texas law concerning
post-divorce alimony in Texas. Laws differ from state to state and
individual circumstances vary, so you should consult with a qualified
family law attorney in your area for specific advice on your particular situation.
How To Select A Divorce Lawyer
Author: Scott Morgan
Selecting a divorce lawyer to handle your family law case is a very important decision. The following are a few important criteria to help in finding the right divorce lawyer.
Experience and Focus
Any divorce lawyer you consider should have substantial experience in handling divorce cases in your location.
Divorce: Coping With The Family Law Process
Author: Charles M. Goldstein
The Emotions
Divorce is a scary, lonely and misunderstood process for most people, particularly when there are children involved. The mutual friends enjoyed during the marriage may not be of help because those individuals may not want to "pick a side." A divorce will introduce you to an entirely new balancing act.
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