Family, Divorce & Domestic Matters
Browse published legal information questions related to Family, Divorce & Domestic Matters.
Is it legal for Arkansas to intercept my stimulus or tax refund for old support debt?
In general, yes. In Arkansas, the state may be able to intercept a tax refund, and in some situations a stimulus payment, to help collect past-due support debt. That usually means overdue child support, and in some cases...
What are my rights if my spouse has been financially supporting their new partner with marital money?
In Illinois, if a spouse may be using marital money to support a new partner, that conduct can matter in a divorce or other family-law case. In general, money earned during the marriage is often treated as marital proper...
What are my rights if my ex is using the child support case to demand my tax returns?
In general, a parent involved in a child support case may be asked to provide financial information, and tax returns are one common type of document that might be requested. That does not necessarily mean an ex can deman...
Can a court divide a family business started before marriage but grown during marriage?
In Maine, a court may be able to consider a family business in a divorce even if one spouse started it before the marriage, especially if the business grew during the marriage. But that does not automatically mean the en...
What are my rights if my spouse refuses to refinance the mortgage after being awarded the house?
In Maryland, if a divorce or property division order awards the house to one spouse, that does not automatically remove the other spouse from the mortgage. In general, the lender is not bound by the divorce decree unless...
Do I have to split a personal injury settlement in equitable distribution?
In South Carolina, a personal injury settlement may be considered in a divorce’s equitable distribution process, but it is not always divided the same way as other property. The answer usually depends on what the settlem...
Is it legal for a court to award one spouse more than half of the marital property?
Yes, in Nevada, a court may be able to award one spouse more than half of the marital property, depending on the facts. Nevada is an equitable distribution state, which generally means the court divides marital property...
Can student loan debt be divided between spouses in divorce?
In Virginia, student loan debt may be treated as part of the property and debt division process in a divorce, but it is not automatically split 50/50. Courts and divorcing spouses usually look at what the debt was used f...
What happens if we bought a house before marriage but paid the mortgage with marital income?
In Michigan, a house bought before marriage is often treated as separate property at the start. But if marital income was used to pay the mortgage during the marriage, that does not always leave the property unchanged fo...
Can I keep the house in an equitable distribution divorce if the mortgage is only in my spouse’s name?
In California, the fact that the mortgage is only in your spouse’s name does not by itself decide who gets the house in a divorce. California is a community property state, so the court usually looks at when the home was...
Do I have to record or file a prenup with the court before marriage?
In general, a prenup does not have to be filed with the court before a marriage takes place. A premarital agreement is usually a private contract between two people who plan to marry. The fact that it is signed before th...
Do I have to sign a new agreement after marriage if we forgot to finish the prenup?
In general, if a premarital agreement was not fully signed before the marriage, the agreement may not work as a valid prenup under Mississippi law. A prenup is usually meant to be an agreement made before marriage, so ti...
What happens if the prenup says my spouse keeps the house but I paid for renovations?
In Connecticut, the answer usually depends on what the prenup actually says, how the renovation money was treated, and whether the agreement clearly addresses improvements to the home. If the prenup says one spouse keeps...
How do I make sure a prenup is enforceable if we move to another state later?
A prenuptial agreement is usually most dependable when it is carefully drafted, fully disclosed, signed voluntarily, and created in a way that matches the basic legal standards the parties may later face. If you move to...
What are my rights if the prenup was written in English but I was not fluent when I signed it?
In Tennessee, a prenuptial agreement signed in English may still be enforceable even if one spouse was not fully fluent, but the language issue can matter. In general, courts look at whether the agreement was entered kno...