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The party filing for the divorce must prove that the other party has done something to justify ending the union. [8] Different states have different requirements for obtaining a fault divorce but in each state the spouse filing for the divorce is required to establish a reason for the divorce and provide evidence of the other party’s guilt. [8]
In some cases, it could make sense to leave the original mortgage loan intact, with one party remaining in the home or both ex-spouses moving out and agreeing to keep it as a rental property.
No-fault divorce is the dissolution of a marriage that does not require a showing of wrongdoing by either party. [1] [2] Laws providing for no-fault divorce allow a family court to grant a divorce in response to a petition by either party of the marriage without requiring the petitioner to provide evidence that the defendant has committed a breach of the marital contract.
Mississippi initiated the trend in 1839 with its Married Women's Property Act that allowed married women to own property. Any attempt by her husband to collect debt could not reach property only she owned. She had the right to refuse to sell the property, but could not manage that property or sell it without her husband's consent.
Debt — in the form of loans and credit card debt — may be considered a marital asset. This can cause problems if the debt is joint and one ex-spouse misses a payment.
If the home is owned free and clear and one party wants to keep the property, a quitclaim deed may be the only thing that’s required. The document releases a person’s interest in the property ...
Lenore Weitzman's 1985 book The Divorce Revolution, using data from California in 1977-78, reported that one year after divorce, the standard of living for women declined 73%, compared with an increase of 42% for men. Richard Peterson calls Weitzman's methodology into question, using the same data to calculate a 27% decrease for women and a 10% ...
Going through a divorce is tough. It’s even more challenging if you have to sell your home at the same time. But there are ways to do it without a lot of drama.
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