CATEGORY: Divorce Questions

Answers to Frequently Asked No-Fault Divorce Questions

Does a Spouse Give Up Rights to Personal Property if He or She Moves Out?

A person does not give up his or her property rights because of a move to a new location. So in most instances, a spouse would not lose ownership claim to items like furniture, clothing, jewelry, electronics, etc. simply for moving out of the residence. Continue reading Does a Spouse Give Up Rights to Personal Property if He or She Moves Out?

Can My Spouse and I Divorce But Still Live Together Due to Financial Constraints?

In most states, an actual physical separation is a required element of a divorce. Typically, divorce courts require a husband and wife to establish separate residences, although courts do give a bit of consideration to extreme circumstances.

Questions like this and other life and family considerations are detailed in the overviews and instructions contained within Standard Legal’s No-Fault Divorce legal forms software.

Can a Divorced Person Sell a Home if the Ex-Spouse’s Name is Still On the Deed?

Sometimes a person can gain full ownership rights to a home from a Separation Agreement or a Divorce proceeding. But what if the Deed to that home still shows both names of the divorced couple on it, and the newly single owner wishes to sell it? Continue reading Can a Divorced Person Sell a Home if the Ex-Spouse’s Name is Still On the Deed?

If I Divorce, Is My Current Last Will and Testament Still Valid?

An existing Last Will and Testament is valid until the maker creates a new one.

If you wish to change the listed beneficiaries in your Last Will and Testament because of a Divorce, simply create a brand new Will document then have it notarized.

To easily and affordably create a new Will document without the expense of an attorney, see details about Standard Legal’s Last Will and Testament legal forms software.

Can I Create an LLC to Pass My Assets to My Children without Estate Taxes or Loss Through Divorce Settlements?

Remember, ‘Ask Standard Legal’ was created to respond only to ‘questions of fact’ for the legal topics listed at the left. So it follows that we cannot respond with suggestions on how a person might structure something or how to proceed; that’s the very definition of legal advice.

You can certainly create an LLC at your discretion with any members you choose to involve. Details about the formation of an LLC can be found here. You might also wish to review the “BUSINESS LAW AND INCORPORATION ARTICLES” at our Standard Legal Law Library to see if an LLC is the best structure for your needs.

But we simply cannot advise you (or even make suggestions) as to the tax or estate issues related to such a decision, or even whether an LLC would function in a certain capacity. In pro se (i.e. “self-help”) law, these are the very types of decisions that must come from the individual “helping themselves”.

If you want or need legal advice, find an attorney. If you need to have a discussion of options on how best to proceed, find an attorney. Unless YOU yourself are 100% certain of the structure you wish to create and the end results of those decisions, find an attorney. To find a local attorney for FREE who specializes in either Estate Planning or Business Law, visit Standard Legal’s Attorney Finder page.

To consider making such a critical long-term financial decision based on some free advice you receive from a faceless person at a legal forms website truly is a bad idea…

If We Married in One State But Now Each Live in Different States, Where Do We File Divorce?

The issue of “residency” is important in determining where a couple may file its Divorce case.

In order to start the No-Fault Divorce process, a couple must agree fully to the terms of the divorce, and then file a fully executed complaint in the proper court — where either you or your spouse lives. Continue reading If We Married in One State But Now Each Live in Different States, Where Do We File Divorce?

How Do I Remove Myself from an Ex-Spouse’s Mortgage Contract?

On occasion in a pro se Divorce or Separation, one spouse will quitclaim their house to the other spouse as part of the agreement. But many times in this situation, the couple does not adjust the mortgage contract for the property, as doing so can sometimes invalidate the mortgage and/or require a balloon payment on the balance. Continue reading How Do I Remove Myself from an Ex-Spouse’s Mortgage Contract?

If a Divorcing Couple Bought a House but Only One Spouse Signed, Must Both Pay the Mortgage?

The laws of most states follow that only those who sign a mortgage note are obligated to make payments on it.

But this is not to suggest that the court might not apply different or varying obligations on the parties should a divorce action be filed — especially if there is a disagreement between the parties on the subject. Continue reading If a Divorcing Couple Bought a House but Only One Spouse Signed, Must Both Pay the Mortgage?