Divorce

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AGREEING TO MAKE A WILL IN A DIVORCE JUDGMENT

The parties divorce. In their agreement, they are each to make and keep in full force and effect a valid will.  It is to provide that each of them will give and bequeath at least 50% of their net estate to their six children in equal shares.   They also agreed to a remedy in [...]

By | August 21st, 2019|Property Division|0 Comments

WHAT IS THE PROPER VALUATION FOR A HOUSE IN A DIVORCE?

Neither party presented the trial court with expert opinion testimony as to the value of the marital residence and a piece of rental property. The husband testified as to his own personal knowledge of what he believed the combined values of the two properties were worth.  The wife presented evidence as to the assessed value [...]

By | July 15th, 2019|Property Division|0 Comments

DISSIPATION-WHAT AND WHEN

At trial, the wife testified about and introduced into evidence several spreadsheets.  She argued that they made a basic showing that the husband had dissipated over $160,000.  In unaccounted cash withdrawals from his bank accounts from 2010 through the first half of 2016. Dissipation is the use of marital assets for the benefit of one [...]

By | July 15th, 2019|Property Division|0 Comments

MINOR CHILD IS THE JOINT OBLIGATION OF BOTH PARENTS

The Trial Court entered a judgment of dissolution.  It awarded permanent maintenance to the wife.   The wife had spent several years raising their daughter rather than pursuing a career. The Trial Court ordered the husband to pay half of the daughter's private high school tuition.  The husband argued that he should pay less than half [...]

By | June 24th, 2019|Child Support, Spousal Maintainence|0 Comments

WHEN IS A BIFURCATED JUDGMENT APPROPRIATE?

Wife filed a petition for dissolution for marriage.   Husband filed an answer and counterpetition.  He also filed a declaratory judgment action.  He was asking that their antenuptial agreement was valid and binding. At the conclusion of trial, husband's counsel requested the court to enter a judgment of dissolution.   Wife objected. Husband had a serious medical [...]

By | June 24th, 2019|Property Division|0 Comments

PERMISSIVE MILITARY SERVICE CREDITS PURCHASED DURING THE MARRIAGE

The Trial Court found that ex-husband had to reimburse ex-wife for her marital share of funds used to purchase the enhancement. Ex-wife appealed.  She argued that the permissive military service credit was marital property since the enhancement had been purchased with marital funds. The Appellate Court reversed the Trial Court. It found that the permissive [...]

By | June 10th, 2019|Financial Issues When Divorcing|0 Comments

TAKE ACTION IN THE RIGHT WAY

Woman was in a divorce case.  She filed a breach of contract complaint against two sets of her attorneys. She alleged excessive fees against them.  The attorneys had originally filed fee petitions under Section 508 of the Dissolution of Marriage Act.   The case was not over at the time.  So, the court reserved its ruling [...]

By | June 10th, 2019|Divorce, Financial Issues When Divorcing|0 Comments

YOU ARE NOT THE LEGAL BENEFICIARY

Bruce and Linda were married. Bruce purchased two life insurance policies and an annuity from New York Life, and the Equitable Annuity. At the time Bruce purchased the policies, the beneficiaries of the policies were Linda and their children. Later, Linda filed a dissolution action against Bruce. By agreement of both Bruce and Linda, the [...]

By | May 15th, 2019|Financial Issues When Divorcing|0 Comments

EMPLOYERS MUST PAY OUT WHEN THEY ARE SERVED WITH A WITHHOLDING ORDER

The trial court entered a judgment of dissolution of marriage.   Husband was ordered to pay $370 per month in maintenance to wife when their farmland sells. An auction was held that same month.   The sale did not take place yet. Wife filed a wage garnishment against husband’s employer.  The employer did not pay out to [...]

EX-WIFE’S INTIMATE DATING RELATIONSHIP WAS NOT COHABITATION

Ex-husband filed a petition to terminate maintenance.   He alleged that his former spouse of 17 years was cohabitating with her boyfriend. The Court denied his petition.   It stated that his ex-wife was not in a resident, continuing conjugal relationship. She was in an intimate dating relationship.  It did not have the permanence of a de [...]

By | May 8th, 2019|Maintenance, Spousal Maintainence|0 Comments