What is the marriage age without a parent’s consent? The legal marriage age without a parent’s consent vary from state to state. Under most states marriage age laws, if you want to get married without parental consent, you need to be at least 18 years old. The only two states with a higher age are Nebraska, where the marriage age is 19, and Mississippi where the marriage age is 21. → Read More
Dissolving a Putative Marriage A putative marriage is a marriage where one or both parties did not realize that their marriage was not legal until they began the process of seeking a marital dissolution. In some states, the innocent spouse or putative spouse is entitled to property rights and support as they would in a legally valid marraige. → Read More
The Advantages of Legal Separation Legal separation has many benefits and advantages, including financial and insurance benefits, and providing parameters for co-parenting, child support, and spousal support while maintaining the status of being married. → Read More
Hiring a Divorce Lawyer This article discusses how to choose a divorce lawyer, including the types of expertise a client should look for and the types of questions a client should ask a prospective divorce attorney. → Read More
What is community property? Community property is a system used by some states to divide property at the dissolution of a marriage, otherwise known as a divorce. Communtiy property is generally considered to be all property that the two parties acquired during the marriage or partnership. → Read More
Who Gets the Marital Home After a Divorce? If you are getting a divorce and you moved into your spouse’s house after you were married, then the house would not normally be part of the property distribution because it was acquired before the marriage took place. You won’t be allowed to keep the house in most cases, nor will you necessarily get a portion of the proceeds of the sale of the house if it is sold. The general rule of thumb is, anything that was owned before marriage by either party is not subject to distribution in a divorce. → Read More
Is an accident settlement considered community property in the event of a divorce? Whether or not an accident settlement is considered community property and thus subject to division by the courts in the event of a divorce will depend on what the settlement was for. When the settlement is for pain and suffering, you will not be entitled to any portion of the accident settlement since the pain and suffering was a personal injury that was suffered by your spouse. → Read More
Getting Your First Child Custody Order The first child custody order in many paternity and divorce suits is actually a temporary order. Despite being a temporary order, this preliminary custody order can have an impact on future custody decisions. → Read More
Divorce Decree Forbidding Overnight Guests: Is an Occupant a Guest? A divorce decree that forbids’overnight guests of the opposite sex’ during parenting time is inviting a trip back to court sooner or later. → Read More
Dividing Military Retirement Benefits in a Divorce As with a civilian divorce, a spouse of a military member has a right to a share of their spouse’s disposable retired pay. The Uniformed Services Former Spouses Protection Act (USFSPA) was originally enacted to authorize a division of military retirement benefits as community property. → Read More
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