Divorce

How Marriages End 0 Death – one of the two dies 0 Annulment – courts rules that the marriage was never effective 0 Divorce – Valid marriage has come to an end

Annulment 0 Laws vary among states 0 Fraud – below the state age to marry, secretly intnding to never have children, and concealing pregnancy by someone other than the husband. 0 Duress – someone is forced to marry against his or her will

Legal Separation 0 Legal Separation aka limited divorce – court order to end the right to cohabitate 0 Temporary decision on custody and child support 0 Still married

Grounds for Divorce 0 Traditional Grounds for a divorce 0 Adultery 0 Cruelty 0 Desertion 0 Alcoholism or Drug Addiction 0 Nonsupport 0 Conviction of a felony 0 No- Fault Divorce – Eliminates the need to state that one party is to blame 0 Verbiage – incompatibility, irretrievable breakdown, and irreconcilable differences

Divorce Settlement 0 Alimony – an allowance for support and maintenance from one spouse to another. It is not considered punishment. Texas does not have alimony. 0 Marital Property – Equitable distribution of assets 0 Community property – attained during marriage 0 Non – community property – attained before marriage

Custody and Child Support 0 Sole Custody – all parental rights and duties to one parent 0 Joint Custody – divides parental rights and duties between parents 0 Child Support – mathematical formula taking into account the earnings of the non custodial parent

Need to Know 0 Renting an apartment 0 Buying a house 0 Insurance

Last Will and Testament

Making a Will 0 Provides for the distribution of assets upon death 0 Person who dies with a will is said to die Testate 0 A gift of personal property is called a bequest 0 A gift of real property is called a devise 0 Those who receive property through will is called beneficiaries. 0 An Heir is a person who receives property through inheritance, a will was never made.

Requirements for making a Will 0 18 or older 0 Sound Mind – sufficient mental capacity to 0 Understand nature and extent of your assets 0 Know who would receive assets 0 Know you are creating a will 0 Free from delusions

Formal Requirements of a Will 0 Must be signed and witnessed by a number of witnesses (2). 0 A will must be in writing 0 Exception – oral will made by a solider or marine

Revoking or Changing a Will 0 Revoking 0 Burning 0 Tearing 0 Canceling 0 Obliterating 0 Executing a new one 0 Marrying after will was created or divorcing 0 Changing 0 Codicil – formal change to a will, must be witnessed

Family Protection 0 Money immediately taken from estate to cover costs while estate is being settled 0 Homestead exemption – puts home beyond the reach of creditors for a certain amount of time 0 Exempt property – certain property that cannot be touched by creditors

Protection of Children 0 If a immediate descendant of the deceased can prove that they were accidentally omitted from the will, the court can rule they receive the same amount as if they were included. 0 If they are purposely omitted, there is nothing they can do.

Dying Without a Will 0 A person who dies without a will is called an intestate. 0 Each state’s laws are different 0 In general, the spouse and children are entitled to equal shares

Settling an Estate 0 A will must be probated – the executor of an estate must go before a probate court. 0 They make sure the will is valid 0 The executor is a representative that carries out the terms of the will.