Family, Divorce & Domestic Matters
Browse published legal information questions related to Family, Divorce & Domestic Matters.
What are my rights if my apartment elevator has been broken for a month and I live on the sixth floor?
If you live in Oregon and your apartment elevator has been broken for a month, you may have tenant rights if the problem makes the building unsafe, significantly interferes with your use of the home, or suggests the land...
Do I have to divide a 401(k) if my spouse never worked during the marriage?
In Pennsylvania, a spouse’s lack of outside employment during the marriage does not automatically prevent a 401(k) from being divided in divorce. In general, retirement accounts earned or built up during the marriage may...
Can I get alimony if I supported my spouse through medical school?
In Virginia, the fact that you supported your spouse through medical school can be an important part of an alimony claim, but it does not automatically mean you will receive support. Courts usually look at the marriage a...
Do I have to pay alimony if my former spouse is living with a new partner?
In Pennsylvania, a former spouse’s living situation with a new partner may matter, but it does not automatically end alimony in every case. The legal effect often depends on what kind of support is being paid, what the c...
Do I have to pay support if my spouse is voluntarily unemployed?
In Alabama, the answer depends on what kind of support is involved and why the person is unemployed. Courts generally look at the actual facts, not just the income shown on paper. If a spouse is voluntarily unemployed or...
Do I have to split my retirement account if most of it was earned before marriage?
In Oregon, the answer is often: not necessarily, but maybe in part. Retirement accounts are commonly divided in divorce based on what portion was accumulated during the marriage versus what portion was accumulated before...
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...
What are my rights if my landlord served an eviction notice after I asked for a reasonable accommodation?
In general, if you live in Maryland and your landlord served an eviction notice after you asked for a reasonable accommodation, that timing may matter. A request for a reasonable accommodation is often protected under fa...
Do I have to separate for a certain number of months before filing for divorce in Pennsylvania?
In Pennsylvania, there is not always a strict waiting period that prevents a person from filing for divorce right away. In general, a spouse may be able to file before the parties have lived apart for any particular numb...
Do I have to serve the respondent myself in a Washington harassment protection order case?
In Washington, you usually do not have to serve the respondent yourself in a harassment protection order case. In general, service is the process of giving the other party formal notice of the case and the hearing, and i...
What are my rights if my spouse claims the car is separate property because only their name is on the title?
In Illinois, the fact that a car is titled only in one spouse’s name does not always mean the car is automatically separate property in a divorce. In general, Illinois is an equitable distribution state, which means prop...
How do I change alimony after I lost my job and my severance runs out next month?
In Georgia, a recent job loss and the end of severance pay may be reasons to ask the court to modify alimony, but they do not automatically change the obligation. In general, a court may look for a material change in you...
How do I divide credit card debt that my spouse ran up without telling me?
In Minnesota, credit card debt is usually divided as part of a divorce or legal separation based on the overall financial picture, not simply on whose name is on the account. If your spouse ran up debt without telling yo...
Is it legal for a prenup to include penalties for infidelity?
In Kentucky, a prenuptial agreement may be able to address infidelity in some way, but whether a specific “penalty” is enforceable depends on the exact wording, the circumstances, and how Kentucky law treats the rest of...
Is it legal for a prenup to waive rights to the marital home?
In general, a prenuptial agreement may be able to waive or limit a spouse’s rights in the marital home, but whether that provision is enforceable depends on the facts and on Hawaii law. The answer is usually not a simple...