Divorce

/Divorce

WIFE WENT TO COURT WITHOUT NEEDING TO

The Trial Court entered a judgment for dissolution of marriage in 2011.   It included the following language re the marital residence: The equitable interest on the property is divided 50-50 between the parties.   It is subject to repayment of any loans on the premises.  And it is subject to any existing guarantees for which actual [...]

By | April 19th, 2019|Post-Decree Issues|0 Comments

IS IT CIVIL OR CRIMINAL CONTEMPT?

The trial court entered a judgment of dissolution.  A few days before trial, wife’s attorney was allowed to withdraw from representing her.  On the same date that the attorney had filed the motion to withdraw. Wife was awarded a condo owned by the parties. Wife was required to pay all expenses associated with the condo.  [...]

By | April 19th, 2019|Financial Issues When Divorcing, Uncategorized|0 Comments

STILL LEARNING HOW TO APPLY THE NEW MAINTENANCE GUIDELINES

The Trial Court denied ex-husband's petition to modify or terminate maintenance.  It granted ex-wife's motion to modify maintenance.  It calculated maintenance to wife based on the amended guidelines.  The parties’ divorce had taken place before the new guidelines were in effect. The Trial Court increased ex-husband's obligation based on its calculation of his income.   Husband [...]

By | April 19th, 2019|Spousal Maintainence, Uncategorized|0 Comments

MAINTENANCE-OLD OR NEW GUIDELINES APPLY?

The Trial Court entered an order extending husband's maintenance obligation. Husband appealed.  The original divorce order had provided that wife was to receive maintenance for a period of two years.  She was authorized to seek an extension of maintenance before the two-year period expired. The Appellate Court agreed with the Trial Court.  It said that [...]

By | April 9th, 2019|Spousal Maintainence|0 Comments

NO MARRIAGE, SO RETURN THE WEDDING RING?

Man filed a replevin action against his former fiance for return of a diamond engagement ring.  Attached to the complaint was a form entitled "Insurance Replacement Appraisal," from a jeweler.  The estimated value of the rig was $100,000.  A picture of the ring was included. The man argued that an engagement ring is a gift [...]

By | April 3rd, 2019|Family Law Issues, Property Division|0 Comments

WAS HE LYING THEN, OR IS HE LYING NOW?

In a divorce case, there was a disputed $1,551,616.48 Fidelity account. At one time, this account contained husband's premarital fund.  It was a joint account between the parties. Later, husband transferred the account solely to wife. Husband testified he transferred the account to wife to protect the account from two malpractice actions that were then [...]

WHO SHOULD RUN THE BUSINESS?

Husband filed a motion for a preliminary injunction against wife.  He had filed divorce proceedings.  He wanted the court to stop her from participation in the operation of their family-owned tavern. The trial court granted his request.  The wife appealed. The Appellate Court agreed with the trial court.  Wife had been employed as a bartender [...]

SITTING ON YOUR RIGHTS-YOU SHOULD HAVE STOOD UP SOONER

The Appellate Court agreed with wife’s argument that the trial court should not have entered a default judgment against her.  It had contained a joint custody order.  It contained full detail on how the parties were to share responsibilities and time with the children.  It divided up the assets between the parties.   It divided the [...]

MAN DOES NOT WANT TO PAY ATTORNEY FEES

Husband engaged an attorney to assist him in the divorce.   They executed a written engagement agreement providing for a $ 2500 retainer.   This could be exceeded only by executing a further writing. A divorce was entered.  The attorney who assisted husband filed a petition to set final attorney fees and costs against husband.  The petition [...]

By | March 19th, 2019|Financial Issues When Divorcing|0 Comments

WHAT EXACTLY IS A SUBSTANTIAL CHANGE OF CIRCUMSTANCES?

The Trial Court denied husband's petition to modify his child support obligation. The Court found nothing to indicate that husband's child support obligation was based on the parties' mutual understanding.  Husband said they had agreed that wife would remain unemployed so long as husband was paying child support. The court interpreted this as follows.  The [...]

By | March 19th, 2019|Child Support, Financial Issues When Divorcing|0 Comments