CATEGORY: Divorce Questions

Answers to Frequently Asked No-Fault Divorce Questions

How is a Joint Will with an Ex-Spouse and Children Handled if Other Ex-Spouses and Children Exist?

In most states, upon Divorce the law treats a former spouse as if he or she died before the Testator, i.e. the person making the Will.

But typically the remainder of the Will continues to be effective.

So generally, a former spouse of a Joint Will is treated as deceased and the children named in the Will remain as beneficiaries.

But not always. Continue reading How is a Joint Will with an Ex-Spouse and Children Handled if Other Ex-Spouses and Children Exist?

How Can I Get My Soon to Be Ex-Husband to Remove His Personal Property from Our House?

The signed Separation Agreement should address specifically the disposition of any personal property from a marital home.

But if a spouse is not willingly removing personal belongings from the marital home after repeated requests to do so, short-term there may be little a divorcing spouse can do to compel the action.  Continue reading How Can I Get My Soon to Be Ex-Husband to Remove His Personal Property from Our House?

If I Get Divorced, Can I Tell the Landlord I Am Leaving and Make My Ex-Spouse Responsible for the Rent?

Until such time as the landlord agrees to release a tenant from liability under the terms of a lease, the tenants listed in the lease are obligated together to abide by those terms (i.e. pay the rent).

Unilateral pronouncements by a tenant delivered to a landlord will usually not result in a termination of liability for that tenant. Continue reading If I Get Divorced, Can I Tell the Landlord I Am Leaving and Make My Ex-Spouse Responsible for the Rent?

Can I Will the Home I Own Individually to the Children from My First Marriage if My Current Husband Agrees?

For such an situation, you can use Standard Legal’s Last Will and Testament document with the “Specific Gifting Provisions” to specify exactly who receives what assets when you die.

However, as discussed in the instructions provided within the Will legal forms software, be aware that in many states a spouse can choose to “elect against the Will” if a certain percentage of the deceased spouses’ estate is not bequeathed to the surviving spouse (the percentages typically range from 30% to 50% of the estate). Continue reading Can I Will the Home I Own Individually to the Children from My First Marriage if My Current Husband Agrees?

If an Ex-Spouse Refinances a Home with a Promissory Note in Place, Must Payment Against that Note Be Made?

Most likely, yes, there would be an obligation to pay a Promissory Note upon the refinancing of a home formerly owned by a divorced couple.

But the terms of the promissory note itself (and perhaps even the Divorce decree) must be closely examined to ensure that the obligation to pay is still legally binding. Continue reading If an Ex-Spouse Refinances a Home with a Promissory Note in Place, Must Payment Against that Note Be Made?

Would a Property Promissory Note Due to a Family Member of One Spouse Affect the Finances of a Divorce Settlement?

Generally, an unsecured promissory note (i.e. a promissory note not secured by a mortgage or a lien on the property) will not reduce a party’s obligation to pay support (or otherwise alter the marital property division) in a Divorce action. Continue reading Would a Property Promissory Note Due to a Family Member of One Spouse Affect the Finances of a Divorce Settlement?

Can My Ex Spouse Get My Pension if Most of My Work Was Done After the Divorce?

It is indeed possible that an ex spouse could be eligible to receive some portion of pension benefits earned during the time of a marriage, if the ex-spouse so petitions the court.

But it is not a good idea to respond to such a petition from the court on the matter unless you are fully versed in the law regarding the topic. Continue reading Can My Ex Spouse Get My Pension if Most of My Work Was Done After the Divorce?