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Showing posts from September, 2011

Full Service Law Firm

The Mehta Law Group, provides sound legal representation in the following areas: * Divorce, * Custody & Child Support * DUI/ Traffic * Contract/ Business Disputes * Real Estate Closings * Personal Injury * Landlord * Tenant Law *Forecloure Defense Flat fees and low hourly rates The Mehta Law Group 312-590-2000 info@mehtalawgroup.com

The Mehta Law Group

The Mehta Law Group, provides sound legal representation in the following areas: * Divorce, * Custody & Child Support * DUI/ Traffic * Contract/ Business Disputes * Real Estate Closings * Personal Injury * Landlord * Tenant Law *Forecloure Defense Flat fees and low hourly rates The Mehta Law Group 312-590-2000 info@mehtalawgroup.com

The Mehta Law Group

How are property and debts divided at divorce?It is common for a divorcing couple to decide about dividing their property and debts themselves (with or without the help of a neutral third party like a mediator), rather than leaving it to the judge. However, if a couple cannot agree, they can submit their property dispute to the court, which will use state law rules to divide the property. Courts divide property under one of two basic schemes: community property or equitable distribution. Debts are divided according to the same principles. Community property. In Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin, and Puerto Rico, all property of a married person is classified as either community property (owned equally by both spouses) or the separate property of one spouse. At divorce, community property is generally divided equally between the spouses, while each spouse keeps his or her separate property.Equitable distribution. In all

Gifts in a Divorce Case

1. Are gifts subject to equitable distribution in a divorce case? No. N.J.S.A. 2A:34-23 specifically excludes from equitable distribution all gifts received by either spouse from a third party. The third party is in most instances the parties’ parents. However, it is important to note that interspousal gifts are subject to equitable distribution. The burden of proving that an asset is an interspousal gift rests upon the party alleging the status of the property. Many disputes have arisen over whether a gift was to one or to both spouses, or whether a gift to one spouse lost its separate and immune character by virtue of being commingled with marital property – for example, by deposit in a joint savings bank account. See Dotsko v. Dotsko, 224 N.J. Super. 668 (App. Div. 1990). A typical type of interspousal gift is the conveyance of a home owned by one spouse prior to the marriage to both spouses as tenants by the entireties after the marriage. Such a gift converts what would

The Mehta Law Group

The Mehta Law Group, provides sound legal representation in the following areas: * Divorce, * Custody & Child Support * DUI/ Traffic * Contract/ Business Disputes * Real Estate Closings * Personal Injury * Landlord * Tenant Law *Forecloure Defense Flat fees and low hourly rates The Mehta Law Group 312-590-2000 info@mehtalawgroup.com

Engagement Rings in Divorce

WITH THIS RING: POSSESSION OF ENGAGEMENT AND WEDDING RINGS UPON TERMINATION OF THE RELATIONSHIP I. INTRODUCTION Engagement and wedding rings are one of the most popular traditions surrounding the institution of marriage. Traditionally, to formalize an engagement, a man gives his fiancee a ring as a token of his devotion. Upon marriage, both spouses exchange rings to show that they are binding themselves to one another as husband and wife. Unfortunately, these promises to love one another forever do not always last as long as the rings which symbolize them. When an engagement or marriage fails, therefore, the ownership of the engagement and wedding rings often becomes an issue. Because the rings have a great deal of both sentimental and monetary value, that issue tends to be very intensely litigated.

The Mehta Law Group

How to End Your Marriage – Divorce or Annulment? By illinois on Thursday, September 1st, 2011 | No Comments Are divorce and annulment the same thing? Well they both are the end of a marriage, but they each have their own ways of ending things. Divorce tends to be a bit more complicated than annulment, but could make more sense for some marriages. Are there restrictions in getting an annulment? Annulment is a legal way to end the marriage, in a sense making it seem that it never happened in the first place. It effectively erases the marriage making it never valid. It can be initiated by either the husband or the wife and they must prove they have valid reasons for ending the marriage and the means of proving it. Some reasons that must be proven to be able to annul a marriage are: Bigamy: that one party is already married to someone else, without the other partner’s knowledge. ]]> Forced Consent: One partner was forced into the marriage under threat or duress an