Contested vs uncontested divorce

HarassmentThough it may be hard to imagine, there is such thing as a civil divorce settlement. In simpler terms, not every divorce is as messy as the rest, not all divorces are contested. Some people peacefully come to terms with a fractured marriage, and agree to split with as little legal involvement as possible. So, when approached by a potential client inquiring about whether or not she and her husband could “just agree on the terms of divorce and have it written out”, our answer was yes.

In this case, the couple had mutually agreed upon how to split the debt and other financial issues. The wife understood that by law her husband was entitled to half of her 401k plan. He, in turn, agreed to waive that right in lieu of the wife taking on the financial burden of the couple’s shared debt. With that being said, the couple could certainly have their divorce written out in the form of a marital settlement agreement. This would be considered an uncontested divorce. However, they should still have it done by an attorney, and one who is willing to act merely as a scribe rather than as an advocate for either of the spouses. What’s more, it shouldn’t be very expensive.

For more information on uncontested divorce and marital settlement agreements, please visit our website: http://stanprowse.com/contested-uncontested-divorce

Child Support: erroneous bank statements for avoidance

Recently, we were approached with inquires regarding a difficult, normally expensive, and often impossible situation to deal with. A womPropertyDivision-17972913an wanted to know what could be done for her daughter, whose ex-husband was lying about his income in order to avoid paying child support. What’s more, the ex-husband’s employer agreed to verify his false wages. The family knows for certain, however, that he is receiving cash “under the table”.

In this case, the daughter’s best plan of action would be to subpoena all of her ex-husband’s bank records. Of course, this means she would have to know where he banks, and with his current track record he may well lie. Plus, it’s possible he was smart enough to know to not deposit the cash in the first place. On the other side, she could subpoena all his payroll records from his employer, but the money most likely won’t show up their either. The kinks in the armor lay with the guy who’s paying the ex-husband under the table and his bookkeeper. The only way to get to them, is again, through subpoena.

For information on child support, child custody, and more, please visit our website: http://stanprowse.com/child-support

Can you receive retirement benefits from an ex-spouse that is still in the workforce?

Senior-DivorceA potential client inquires about her ability to receive retirement benefits from an ex-husband. Though her ex-spouse is eligible to receive pension benefits at age 50, he plans to work for an additional 10 years.  Can she collect her share of benefits when he becomes eligible, or will she have to wait until he officially retires?

We responded with information regarding a Gillmore election; a method during a divorce in which one spouse receives the present value of his or her half of the other spouse’s retirement benefits. In this particular case, the judgement of the divorce was entered some time ago, leading us to believe it’s now too late to change the matter of retirement benefits. Her best bet would be to take her concerns to a family law attorney to have her question researched further.

For  more information on retirement benefits during divorce, please visit our website: http://stanprowse.com/divorce-rights