Comments on: Learn the Legal Terms used in a Divorce http://mensdivorcehq.org/divorce-legal-terms.php Information, Tips & Tactics on Divorce Fri, 18 May 2012 20:05:39 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Rad http://mensdivorcehq.org/divorce-legal-terms.php/comment-page-1#comment-431 Rad Thu, 01 Mar 2012 07:06:33 +0000 http://mensdivorcehq.org/?p=103#comment-431 You have an "Important Note:" heading on the main page of the website which includes a notice about saving the marriage. Another possibly more important note should be added, which is that the number one way to avoid the unhealthy divorce climate for men in this culture is to refuse to get married again. You have an “Important Note:” heading on the main page of the website which includes a notice about saving the marriage. Another possibly more important note should be added, which is that the number one way to avoid the unhealthy divorce climate for men in this culture is to refuse to get married again.

]]> By: Jennifer Maschke http://mensdivorcehq.org/divorce-legal-terms.php/comment-page-1#comment-151 Jennifer Maschke Mon, 13 Apr 2009 16:05:03 +0000 http://mensdivorcehq.org/?p=103#comment-151 What can you do if a judge orders 75% wages and the house plus 50% of Retirement savings. Is this legal? The FRO will only take 50% but now have pulled his licence because he hasen't been paying the 75% What can you do if a judge orders 75% wages and the house plus 50% of Retirement savings. Is this legal? The FRO will only take 50% but now have pulled his licence because he hasen’t been paying the 75%

]]> By: Chris (admin) http://mensdivorcehq.org/divorce-legal-terms.php/comment-page-1#comment-9 Chris (admin) Wed, 26 Nov 2008 20:48:09 +0000 http://mensdivorcehq.org/?p=103#comment-9 R Newton, If the property is truly non-marital then it should not even be included in the equitable distribution. The only problem that you may run into is if you were making payments on said property while you were married and you have made a profit or gained equity because of it. Then her lawyer may try to make a case that she is entitled to 50% of that profit or equity. But to make a true 50:50 split, including the full value of all non-marital property, seems unjust and would rarely make it through the courts. You are right that some state, provinces, countries, and/or cities do take into consideration the length of the marriage in dealing with these sort of issues, especially in terms of alimony payments. You would have to contact a local divorce attorney for the specifics in your area. I will also reiterate if there are disputes as to whether property is marital or non-marital and they cannot be settled, then the judge will end up making the final call. Just make sure that you have all your information in order and will hopefully work itself out in the end. Chris (Disclaimer: Remember, I am not a divorce attorney and any information and/or opinions that I provide should not be construed as legal advice. You should always contact a local divorce attorney, so you can be sure of all your rights!) R Newton,

If the property is truly non-marital then it should not even be included in the equitable distribution. The only problem that you may run into is if you were making payments on said property while you were married and you have made a profit or gained equity because of it. Then her lawyer may try to make a case that she is entitled to 50% of that profit or equity. But to make a true 50:50 split, including the full value of all non-marital property, seems unjust and would rarely make it through the courts.

You are right that some state, provinces, countries, and/or cities do take into consideration the length of the marriage in dealing with these sort of issues, especially in terms of alimony payments. You would have to contact a local divorce attorney for the specifics in your area.

I will also reiterate if there are disputes as to whether property is marital or non-marital and they cannot be settled, then the judge will end up making the final call. Just make sure that you have all your information in order and will hopefully work itself out in the end.

Chris

(Disclaimer: Remember, I am not a divorce attorney and any information and/or opinions that I provide should not be construed as legal advice. You should always contact a local divorce attorney, so you can be sure of all your rights!)

]]> By: R Newton http://mensdivorcehq.org/divorce-legal-terms.php/comment-page-1#comment-8 R Newton Wed, 26 Nov 2008 20:22:52 +0000 http://mensdivorcehq.org/?p=103#comment-8 Applicant (Wife) has claim against Respondent (Husband)to divorce and divide marital property/assets. Respondent was married to Applicant for less than 5 years. Applicant is asking for 50% of everything including additional properties that were pre-marital in nature of which she also contributed nothing to. In Ontario, what rule of the court specifies a person living in a marital status for less than 5 years can qualify respondent to unequal division of assets? Applicant (Wife) has claim against Respondent (Husband)to divorce and divide marital property/assets. Respondent was married to Applicant for less than 5 years. Applicant is asking for 50% of everything including additional properties that were pre-marital in nature of which she also contributed nothing to.

In Ontario, what rule of the court specifies a person living in a marital status for less than 5 years can qualify respondent to unequal division of assets?

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