If one spouse wants to give everything to the other spouse in a divorce, will the courts permit that?
If one of the spouses wants to give everything to the other, they need to ask the court for a permit. While an equal distribution of marital property is preferred, unequal distribution may be allowed in certain circumstances. In such cases, a judge will consider a variety of factors in dividing the property. While marital misconduct does not factor into the decision, financial misconduct can be a factor.
How to get a court permit if a spouse wants to give it all to the other
If you want to get a court permit for the distribution of assets, then you need to prepare certain documents. These must contain your name and current address, as they are required for verification purposes. Any document without this information will be refused. It is also important to note that all documents must be original documents; not photocopies.
Factors to consider when dividing marital property
When dividing marital property, judges often consider several factors besides the number of each spouse's assets. For example, the standard of living established during the marriage may have an effect on the division of the marital property. A spouse's age is also an important consideration.
The length of a marriage can also impact property division decisions. A couple who has been married for 20 years will likely have amassed more assets together and enjoyed a certain standard of living during that time. But even if the couple had a short-term relationship, they would still be likely to share the property.
The method of dividing property is based on state laws. Some states have a community property system, while others have separate property systems. The purpose of dividing the property is to give each spouse a fair share of the assets and income. This doesn't necessarily mean the division of property is equally equal, however.
Getting a court permit in a contested divorce
In a contested divorce, a spouse can request that the court decide certain issues for them, even if they don't agree with them. This can be done by filing a form FL-120 in court. In most cases, the spouse will then have thirty days to file a response. In some states, the spouse may also request a default, which will allow the court to make decisions for them without their input.
Once the court has received the necessary paperwork, the judge will schedule a hearing. The judge will ask questions about the affidavit and the separation agreement. The judge may also order a temporary order.
If you have any questions, you can get a free consultation with Ascent Law LLC:
Ascent Law LLC:
8833 South Redwood RoadSuite C
West Jordan, UT 84088
(801) 676-5506
