Family, Divorce & Domestic Matters
Browse published legal information questions related to Family, Divorce & Domestic Matters.
Do I have to hire my own lawyer before signing a prenuptial agreement in New York?
In New York, you generally do not have to hire your own lawyer before signing a prenuptial agreement, but having independent counsel is often strongly recommended. A prenup can sometimes be signed without each person hav...
How do I value a family business for divorce settlement purposes?
In a divorce, valuing a family business usually means figuring out what the business is worth as part of the marital property division process. That value may affect how property is divided, whether one spouse keeps the...
What happens if my ex filed for bankruptcy and owes child support arrears?
In general, a bankruptcy filing does not wipe out child support arrears. Child support is usually treated very differently from ordinary consumer debt, and support obligations are commonly given special protection in ban...
What happens if I miss the hearing for my antiharassment protection order?
If you miss the hearing for your anti-harassment protection order in Washington, the court may still go forward without you. In general, that means the judge can hear from the other side and make a decision based on the...
What happens if one section of the prenup is invalid but the rest seems fair?
In general, one invalid section of a prenuptial agreement does not automatically make the entire agreement invalid. Courts often look at whether the rest of the contract can still work on its own and whether the parties...
What happens if my spouse lies on the financial disclosure forms?
In Wisconsin, financial disclosure forms are usually an important part of a divorce or other family law case because they help the court and the parties understand income, assets, debts, and expenses. If a spouse lies on...
Do I have to divide property bought after separation but before the divorce is final?
In Alabama, property bought after spouses separate but before the divorce is final may or may not be divided between them. The answer usually depends on how the property was acquired, what money was used to buy it, and h...
How do I ask a judge to exclude a recording that was made without my consent?
In California, asking a judge to exclude a recording usually means asking the court not to admit it as evidence. That request is often made through a motion or objection, depending on the stage of the case and the type o...
How do I find out whether my deceased father had money turned over under unclaimed property laws?
If your father has died, you can usually check whether he left behind unclaimed property by searching the state’s unclaimed property records and then following the claim process for heirs or personal representatives. In...
What are my rights if my child was injured at daycare because staff were not watching?
If a child is injured at daycare because staff were not watching, the parents or guardians may have several possible legal and practical rights, depending on what happened and what Alabama law applies. In general, a dayc...
Is it legal for my spouse to move money from a joint account into a separate account before divorce?
In Florida, a spouse moving money from a joint account into a separate account before divorce is not automatically illegal. In many families, both spouses may have access to a joint account, and either spouse may technic...
Do I have to split my Social Security benefits in divorce?
In general, Social Security benefits are not divided like marital property in a divorce. That means a divorce court usually does not split one spouse’s future Social Security retirement, disability, or survivor benefits...
Is it legal for my spouse to claim the children on taxes while the divorce is pending?
In Arizona, whether a spouse can claim the children on taxes while a divorce is pending usually depends on federal tax rules, any temporary court orders, and any written agreement between the spouses. A pending divorce d...
How do I modify alimony after my former spouse inherited $150,000?
In Vermont, an inheritance received by a former spouse may sometimes be relevant when asking a court to modify alimony, but it does not automatically change the existing order. The key question is usually whether the inh...
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...