If a woman divorces, and changes her name on an account, lenders may review her application or credit file to see whether her qualifications alone meet their credit standards. They may ask her to reapply. (The account remains open.) Maintaining credit in your own name avoids this inconvenience. It can also make it easier to preserve your own, separate, credit history. Further, should you need credit in an emergency, it will be available.

Unless you entered into a valid separate property agreement before getting married, property that either of you got during the marriage is called community property. This may include land, buildings, vehicles, bank accounts, military or civilian retirements or pensions, furniture, personal belongings and debts. A judge divides the community property after one of you files a petition for dividing ("partition of) the community property. See similar questions...

In some divorce cases, the court will award some or all of a retirement account's assets to the participant's ex-spouse. If this is done, the court order must meet the conditions of a Qualified Domestic Relations Order (QDRO) as stipulated by the IRS and the U.S. Department of Labor. If the court order does not meet all of the requirements for a QDRO, the plan is prohibited from paying plan benefits to anyone other than the plan participant. See similar questions...

If you parents cannot agree, they may have to go to court. You have a right to have a Child's Representative who will put your views to the judge. The judge will then decide what he/she thinks is best for you. This might not always be what you want. The judge can make different types of orders that can decide: See similar questions...

It is a simple proceeding where the Judge grants you the divorce. For details, see our Uncontested Hearing page. See similar questions...

If retirement benefits are divided, you must submit a copy of your divorce decree including a Qualified Domestic Relations Order once your divorce becomes final. See similar questions...

You may cancel your divorce order with LegalZoom at any time. However, no refund will be issued if the cancellation occurs after the detailed questionnaire has been returned to LegalZoom by the customer. If you cancel your order before you return the detailed questionnaire, we will issue you a full refund minus $25. See similar questions...

Your spouse must file a Response to your application and then serve the Response on you before the hearing date. If a response has been filed both of you must attend the hearing. If a Response is filed, the Court might not grant the divorce application at the first hearing. See similar questions...

Florida is one of the many states that has abolished fault as a ground for divorce. This law lessens the potential harm to the husband and wife and their children caused by the process of divorce. All that is required is that the marriage be "irretrievably broken." Either spouse can file for the dissolution of marriage. All that has to be proved is that a marriage exists, one party has been a Florida resident for six months, and the marriage is broken. See similar questions...

The Constitution was amended by a referendum in November 1995 to allow divorce in restricted circumstances. The people voted to put the following sections into the Constitution. "A Court designated by law may grant a dissolution of marriage where, but only where, it is satisfied that: i. at the date of the institution of the proceedings, the spouses have lived apart from one another for a period of, or periods amounting to, at least four years during the last five years, ii. See similar questions...

Generally, distributions of funds in a salary reduction 403(b) are restricted by section 403(b)(11) of the Internal Revenue Code. In order for a distribution to take place, a qualifying event must occur. These events include death, disability, severance of employment or attainment of age 59 1/2. However, a distribution to an "alternate payee" will be permitted if pursuant to a qualified domestic relations order (QDRO). See similar questions...

Generally, when these plans are split up there is no taxable event if pursuant to a qualified domestic relations order or other court order in the case of an IRA. This is true, however, only if the assets remain in a retirement account or IRA. Once funds are distributed they will be taxed to the recipient. At the time of division, the payer does not receive a deduction and the recipient does not have taxable income. See similar questions...

All benefits are terminated. To be considered for recertification, forward to the Navy Personnel Command (PERS-352E), 5720 Integrity Drive, Millington, TN 38055-3520 the marriage license, divorce decree, spouse's birth certificate, two statements handwritten that are notarized. See similar questions...

In states that have community property, accrued or vested retirement benefits earned during the marriage are community property. Therefore, they are subject to division in a dissolution action, and each spouse is entitled to half. Retirement benefits subject to this community property application include military pensions, veterans educational benefits, ERISA funds, IRAs, Keoghs, Employee Stock Option Plans (ESOPS), 401K plans, etc. See similar questions...

The REA authorizes courts to treat a pension as one of the assets that can be divided during a divorce settlement, but it doesn’t require courts to do so. Note: The Women's Institute for a Secure Retirement (WISER) is an excellent source of information on pension issues that especially involve women. WISER is located at 1201 Pennsylvania Ave., NW, Suite 619, Washington, DC 20004. See similar questions...

Accomplished divorce mediators are able to focus on the real concerns of spouses and parents (their "interests") and not merely their view of what is required to protect themselves and/or their children (their "positions"). Divorce mediation works because the parties can directly hear the other party's concerns and, with the assistance of the neutral mediator, accommodate those concerns without unnecessarily compromising their own interests. See similar questions...