Articles Tagged with spouse

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Many individuals who are facing divorce have never been to court before. While some simpler, uncontested divorces may only require one, or even no court appearances, other cases that are contested and/or involve complex issues can require both spouses to be present at numerous hearings before their dissolution of marriage is final. While court hearings may be inconvenient and may interfere with work or other schedules, it is highly important that you take these appearances seriously. Additionally, if your spouse fails to appear in court, there can be consequences for them and effects on your case.

The consequences of failing to appear without previously notifying the court can vary depending on the type of hearing scheduled, the reason for the hearing, and the reason for the failure to appear. For example, the following can occur:

  • If your spouse fails to appear at the first court appearance and has also not filed a written answer to your divorce petition, you may request that the judge enter a default judgment granting the divorce. While your marriage may be dissolved with a default judgment, other issues including child custody or property division may not be settled
  • If your spouse does not come to a hearing to decide certain issues in the divorce, the judge may either reschedule the hearing or may decide the issue based on your testimony alone, which can often work in your favor.
  • In some cases, if the you believe your spouse is intentionally not showing up to hurt the case, you can ask the judge to hold them in contempt of court and they may face criminal penalties and an arrest warrant can be issued.

A former Florida state senator was held in criminal contempt after he failed to show up at two different divorce hearings and failed to give one of their dogs to his wife as ordered by the court. His appeal of the contempt finding went all the way to the Florida Supreme Court and has recently been sent back to the trial court due to due process considerations. This case goes to show how a failure to appear can drag out legal issues as the failure to appear occurred in 2011 and the case is still persisting. Continue reading

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When you get married, it makes sense to name your spouse as the beneficiary of various financial accounts and insurance policies. Even if you have children, you likely trust that your spouse will use the proceeds of your accounts to their benefit. In the event of a divorce, it is highly important that you revisit all of these accounts and change the beneficiaries to someone other than your former spouse. The following should be addressed when changing beneficiaries:

  • Life insurance policies
  • Bank accounts
  • Investment accounts
  • Retirement accounts

To make sure you do not forget to change an account, you should have an experienced attorney take inventory of all of your accounts and policies.

Consequences of Failing to Change a Beneficiary

If you fail to change a named beneficiary before you pass away, your former spouse may inherit the proceeds of your accounts, which you likely would not want. In addition, your children will not have a right to these funds being used for their benefit. This is especially important if your children are from a previous relationship and your former spouse has no legal parental obligations to support them. If your children wish to challenge the inheritance of your former spouse, it may require a costly legal battle. Continue reading

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In a divorce case, every individual wants to obtain a decree with the most favorable terms possible so that he or she may move on with financial stability and quality relationships with his or her children. Unfortunately, many people make mistakes during their divorce cases that hinder the outcomes. The following are only some of the errors that commonly affect the outcome of a divorce case.

Having unrealistic expectations — If you march into a courtroom demanding an exorbitant and unjustified amount of spousal support or sole custody of your children when shared custody is appropriate, your case may be affected in many ways. First, if you refuse to agree to reasonable terms, your case may be delayed and many issues may be placed into the hands of the family law judge, who may not find in your favor. An attorney can help provide a realistic view of the potential terms of your divorce decree.

Assuming your spouse will cooperate — Many people optimistically expect their spouse to be cooperative and fair when discussing and agreeing upon the many terms of their divorce. Unfortunately, the divorce process can incite a lot of negative emotions and many spouses become difficult and resentful before the divorce is finalized. You should never fail to have an attorney simply because you expect fairness from your spouse. Having the representation of an experienced divorce lawyer will ensure that you have the needed legal support if your spouse becomes unreasonable.