Does the person that files for divorce first Matter?

Does the person that files for divorce first Matter?

In legal terms it should have no impact on the eventual outcome whoever starts the divorce process. However, in some circumstances it does make a difference who petitions for divorce. There may be financial implications, for whoever files the petition will incur additional court costs. Back to top of Divorce FAQ.

What are my rights as a separated spouse?

Both you and your spouse or ex-partner are entitled to live in your home after separation regardless of whose name is on the rental agreement or the title of the property. You cannot be forced to leave just because the property is not in your name, unless the Court orders it.

Is wife entitled to half husband’s pension?

Will a wife always get half of her husband’s pension in the divorce? No, in most cases pensions are not discussed, let alone split during the divorce. There is not a way for a pension sharing order to be granted outside of court.

Can I claim half my husband’s pension if we divorce?

Am I entitled to my husband’s pension when we divorce? Yes, but because of the way assets are divided in a divorce, you may not always receive part of your husband’s pension. On your divorce, or dissolution of your civil partnership, all of your assets and those of your ex-spouse or partner are taken into account.

Can wife claim property after divorce?

Often separated couples are able to reach an agreement between themselves regarding what should happen with their family finances. However, there is no time limit in respect of making a financial claim from one ex-spouse to another, even after the final order of the divorce (decree absolute) has been granted.

Can you sue your ex husband after divorce?

In general, yes you can sue. Whether you will be successful or the judge will toss your case out of court is a different question altogether. You may also be required to pay for your ex’s lawyer for filing a frivolous lawsuit.

Does JAG do divorce?

Military Lawyers At most, the JAG can give you general advice. They cannot prepare divorce or separation documents; they cannot represent you in court, they cannot file legal divorce or separation paperwork for you. Many lawyers offer free initial consultations.

Can you sue your ex husband for emotional distress?

While the Court dismissed the father’s complaint for intentional and negligent infliction of emotional distress, the Court did announce that one spouse can sue the other spouse for emotional distress. However, the underlying conduct must be consistent with the definition of the alleged tort.

How often is my ex husband out of court?

Our parenting schedule for the moment (till September 2012, when we go back to court) is 2 weeks with him 2 weeks with me. We share 50/50 legal and physical custody. He is out 4-5 days out of the week.

How long is my husband out of State?

My husband is an out of state driver. Our parenting schedule for the moment (till September 2012, when we go back to court) is 2 weeks with him 2 weeks with me. We share 50/50 legal and physical custody.

Can a woman still be married to an ex husband?

If this is the case for you, know that you have not divorced on an emotional level. You are an ex-wife versus a divorced woman. Somewhere inside of you, there is still an attachment of some sort to either your marriage or your ex. You need to look inside to determine where you are still tied to him.

What happens to your ex husband after divorce?

The real divorce is the cutting of the emotional, mental and physical ties that still bind you to your ex-husband.