The Shaq divorce
news is true. Shaquille O’Neal and his wife of five years, Shaunie
Nelson, filed divorce papers Tuesday in Miami. While there is a
prenup, the Shaq divorce isn’t going to be pretty. Seems Shaq is
accusing Shaunie of financial shenanigans and hiding significant
marital assets.
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DIVORCELAWYERS
A divorce lawyer will help the parties
seeking a divorce, by expediting both the divorce and the papers filed
with the court.
The grounds may be based on no-fault
divorce or fault, depending on the state. All states now offer
no-fault divorces; approximately thirty-two states also offer
fault-based grounds as an additional option.
Divorce or dissolution of marriage is the ending of a marriage before
the death of either spouse. It can be contrasted with an annulment,
which is a declaration that a marriage is void, though the effects of
marriage may be recognized in such unions, such as spousal support or
Alimony, child custody, child support, and distribution of property.
Divorcelawyers
are dedicated to helping individuals
find quick resolution in divorce litigation. |
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An
experienced divorcelawyer can
offer advice on divorce procedures, child custody
issues, alimony, and more. There
are several types of divorce: at-fault divorces,
no-fault divorces, and
summary divorce.
No Fault Divorce
No-fault divorce is the newest of the two types, and does not need a
fault as a cause. Common reasons for no-fault divorce include:
incompatibility, irreconcilable differences, and irremediable breakdown
of the marriage.
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At-Fault Divorce
Fault divorces used to be the only way to break a marriage, and people
who had differences only had the option to separate (and were prevented
from legally remarrying).
Summary Divorce
A summary (or simple) divorce is used when spouses meet certain
eligibity requirements, or can agree on key issues beforehand.
Key factors:
-
Short marriage (under 5 years)
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No
children (or, in some states, they have resolved custody and set child
support payments)
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Minimal or no real property (no mortgage)
-
Marital property is under a threshold (around $35,000 not including
vehicles)
-
Each spouses personal property is under a threshold (typically the
same as marital property)
It is estimated that upwards of 95% of divorces in the US are
uncontested, because the two parties are able to come to an agreement
(either with or without lawyers/mediators) about the property, children
and support issues. When the parties can agree and present the court
with a fair and equitable agreement, approval of the divorce is almost
guaranteed. If the two parties cannot come to an agreement, they may ask
the court to decide how to split property, deal with children, etc.
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A
divorce must be certified by a court of law, as a legal action
is needed to dissolve the prior legal act of marriage. The terms
of the divorce are also determined by the court, though they may
take into account prenuptial agreements or postnuptial agreements,
or simply ratify terms that the spouses have agreed on privately.
Often,
however, the spouses disagree about the terms of the divorce,
which can lead to stressful (and expensive) divorce litigation.
A less adversarial approach to divorce settlements has emerged in
recent years, known as mediation, an attempt to negotiate mutually
acceptable resolution to conflicts. |
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