Largo, FL Divorce Law Firms & Lawyers

If your brother is in the middle of a divorce, then the judge will decide what happens to any marital assets and any marital liabilities, when it divides them as part of the equitable distribution. The court will generally not look kindly on either of them engaging in any monkey business with respect to the vehicles, and it generally makes no difference whose name the vehicles are titled in if they were acquired during the marriage, as they will be marital assets regardless. If necessary, your brother's attorney can file a motion with the court regarding the vehicles, and may want to look into using the notarized agreement they reached regarding his truck. If he is not represented by an attorney, he should seriously consider engaging one immediately, to discuss the specifics of his situation and his options.

To start an annulment case, you have to fill out the same forms as with a divorce or legal separation. Just make sure you check the boxes that apply to annulments (nullity). It is very important that you check the correct box for the basis of your request to get an annulment. Proving the reason why you think your marriage or domestic partner is not valid can be very difficult, and you should be clear on the requirements for proving whatever reason you are basing your case on. Talk to a lawyer to make sure you qualify for a nulity. A marriage is NEVER legally valid when it is: Incestuous: when the people who are married or in a registered domestic partnership are close blood relatives; or Bigamous: where a spouse or domestic partner is already married to or in a registered domestic partnership with someone else. Other marriages and partnerships can be declared invalid because of: Age at the time of marriage or domestic partnership: the party filing for the annulment was under 18 years old at the time of the marriage or domestic partnership. Prior existing marriage or domestic partnership: Either party was already legally married or in a registered domestic partnership. This is different from bigamy (which is automatically illegal) because, in this case, the marriage or domestic partnership took place after the former spouse or domestic partner was absent for 5 years and not known to be living or generally thought to be dead. Unsound mind: either party was of unsound mind or unable to understand the nature of the marriage or domestic partnership, including the obligations that come with it. Fraud: Either party got married or registered the domestic partnership as a result of fraud. The fraud must have been about something vital to the relationship that directly affected why the party who was deceived agreed to the marriage or domestic partnership. Some examples are marrying only to get a green card or hiding the inability to have children. Force: either party consented to getting married or filing a domestic partnership as a result of force. Physical incapacity: the parties got married or registered a domestic partnership while 1 of them was physically incapacitated (basically, it means that 1 of the spouses or partners was physically incapable of consummating the relationship) and the incapacity continues and appears to be incurable. These are short explanations of the reasons for an annulment. Each of these reasons has important details you have to prove to get a court to give you an annulment. To get an annulment, you must be able to prove to the judge that 1 of these reasons is true in your case. This makes an annulment case very different from a divorce or a legal separation. For example, irreconcilable differences are not a reason for getting an annulment. Getting an annulment does not depend on how long you have been married or in a domestic partnership. Even if you have been married/in a partnership only a very short time, you may not be able to prove to the judge that your case has 1 of the legal reasons that makes your marriage/partnership invalid. Proving that there is a legally valid reason to get an annulment can be very difficult. Talk to a lawyer for help understanding exactly what you need to show to a judge before he or she will agree to give you an annulment. Also, keep in mind that if you ask for an nulity only but the court does not find there is a valid reason for a nulity you will have to file a brand-new case asking for a divorce. One way to avoid this is to check thel nullity box AND also check the dissolution (divorce) box and write in the alternative near the divorce box. That way, if the court finds that you did not prove a valid reason for an annulment, you can still move forward with a divorce under the same case.

You should consult with an experienced Arizona family law attorney to discuss how to proceed. It appears that this stock is community property, so it may depend on what he used the sale proceeds for. If, for example, he used those funds to pay a community obligation, then that is an appropriate us of community funds. If he used those funds other than for community purposes, then the court could order an offset of other assets to replace what would have been your share of the funds.