Family, Divorce & Domestic Matters
Browse published legal information questions related to Family, Divorce & Domestic Matters.
Can I file for divorce without hiring a lawyer if we agree on everything?
Yes, in Utah, some people are able to file for divorce without hiring a lawyer, especially when both spouses agree on the major issues. That usually means agreement on property division, debts, child custody, child suppo...
Can I get divorced if my spouse is in the military and deployed overseas?
Yes, in general, you may still be able to file for divorce in Wyoming even if your spouse is in the military and deployed overseas. A deployment does not automatically stop a divorce, but it can affect how the case moves...
What happens if one spouse wastes marital assets on gambling before separation?
In Wisconsin, gambling losses or other spending that reduces marital assets before separation may matter in a divorce, but the legal effect depends on the facts. Courts generally look at whether the spending was ordinary...
Can a prenuptial agreement protect me from my fiancé’s credit card debt?
In general, a prenuptial agreement may help set expectations about debts before marriage, but it does not automatically stop a creditor from trying to collect a debt that already exists or was incurred in ways the law tr...
Can child support be taken from disability benefits?
In general, child support may sometimes be taken from disability benefits, but the answer depends on the type of disability benefit and the facts of the case. In Utah, as in many states, the key issue is often whether th...
Can I ask the court to order my spouse to return personal items and family photos?
In Utah, you can usually ask a court to help with the return of personal items and family photos, but what the court can do depends on the type of case, the facts, and whether the items are treated as marital property, s...
How do I handle equitable distribution when we own property in two states?
When spouses own property in two states, equitable distribution can become more complicated because the divorce court may need to identify, value, and divide assets that are located outside Vermont as well as assets loca...
Do I have to split rental property that I owned before marriage?
In general, rental property that you owned before marriage may start out as separate property in an Oregon divorce. That means the property itself is not always split just because you are getting divorced. But the answer...
How do I revoke a prenuptial agreement after we are married?
In general, a prenuptial agreement does not have to last forever. After marriage, spouses may sometimes revoke or replace it if both agree and the change is made in a legally proper way. In Vermont, the specific rules ca...
What happens if someone edits a recorded conversation to make me look bad?
In California, an edited recording can create legal problems, but what happens depends heavily on the facts. A recording that has been cut, rearranged, or selectively presented may be challenged if the editing makes it m...
Do I have to get consent before recording a mediation session about a consumer dispute in California?
In California, the safest general answer is usually yes: you should assume you need clear consent before recording a mediation session, especially if the session is confidential or involves private dispute-resolution com...
What are my rights if I was never served with the child support case paperwork?
If you were never properly served with child support case paperwork, you may have important due process concerns. In general, service of process is the formal way the court gives notice of a case and tells a person how t...
Is it legal for a prenup to limit spousal support to $1,000 a month for two years?
In South Dakota, a prenuptial agreement may be able to limit or waive spousal support, but that is not automatic. Whether a specific limit like $1,000 per month for two years will be enforceable usually depends on the ag...
What are my rights if my ex claims daycare costs doubled but will not show receipts?
If your ex says daycare costs have doubled but will not show receipts, you usually have the right to ask for documentation and to question whether the amount being requested is accurate, necessary, and related to the chi...
How do I divide a pension that was earned partly before and partly during marriage?
In Minnesota, a pension that was earned partly before marriage and partly during marriage is usually treated as a mix of nonmarital and marital property. In general, the portion earned before the marriage may be consider...