CATEGORY: Divorce Questions

Answers to Frequently Asked No-Fault Divorce Questions

Can I File for No-Fault Divorce Using a Relative’s Address as I Fear Giving My Spouse My Current Address?

Standard Legal’s No-Fault Divorce legal forms software is intended to be used only in situations where both spouses have reached full agreement on the division of all assets, property and liabilities for the impending divorce.

So the nature of the question and the nature of the use of the legal forms software title are not in sync. Continue reading Can I File for No-Fault Divorce Using a Relative’s Address as I Fear Giving My Spouse My Current Address?

How Can I Complete Transfer if Property Was Granted to Me in Divorce But My Spouse Won’t Sign the Quitclaim Deed?

If a party is refusing to execute a Deed to transfer property pursuant to a court order to do so, then the party to whom the property is to be transferred has the right or option to seek the court’s assistance in compelling such transfer. Continue reading How Can I Complete Transfer if Property Was Granted to Me in Divorce But My Spouse Won’t Sign the Quitclaim Deed?

Can a Soon-to-be-Ex-Spouse Gain Access to Assets in a Trust in Which I Am a Beneficiary?

Generally, if a Trust is a Revocable Trust and the grantor(s) is (are) still alive, then the property in the Trust (i.e., owned by the Trust) remains Trust property until the stated action within the Trust calls for distribution. Continue reading Can a Soon-to-be-Ex-Spouse Gain Access to Assets in a Trust in Which I Am a Beneficiary?

If I Am in Chapter 13 Bankruptcy and Considering Divorce, Should I Convert to a Chapter 7 if I Proceed?

While filing for Divorce during the process of a Chapter 13 Bankruptcy could change your financial situation, the divorce is but one factor among many that should be considered as a part of the continuing bankruptcy action. Continue reading If I Am in Chapter 13 Bankruptcy and Considering Divorce, Should I Convert to a Chapter 7 if I Proceed?

Can a Divorced Woman Sign a Quitclaim Deed With Her Maiden Name if the Original Deed Was Signed Using a Married Name?

Signing a Quitclaim Deed with a different name other than the same name as on the original deed — be it a former name or a maiden name — could create issues with the transfer of title. Continue reading Can a Divorced Woman Sign a Quitclaim Deed With Her Maiden Name if the Original Deed Was Signed Using a Married Name?

If a Signed Premarital Agreement is in Place and One Spouse Files for Divorce, How is the Prenup Enforced?

The purpose of a Prenuptial Agreement is to make provisions for the retention or division of property upon the filing of a divorce.

The divorce proceeding itself is the only time that the terms of the ‘prenup’ are applied: when the parties separate and a divorce is pending. Continue reading If a Signed Premarital Agreement is in Place and One Spouse Files for Divorce, How is the Prenup Enforced?

While in the Divorce Process, if I am Named a Beneficiary in a Will Does My Spouse Have a Claim?

There is a substantial difference between receiving assets distributed from a Will, and being named as a potential future beneficiary in a Will — as well as how that distinction is treated legally. Continue reading While in the Divorce Process, if I am Named a Beneficiary in a Will Does My Spouse Have a Claim?