Divorce Solutions

Jun 24, 2020

Question #220

My wife and I are thinking of a mutual divorce after having lived separately for two years in NYC. We are both Asian Indians by origin, and we were married in India in 1998. We own an apartment, and we are both titleholders. What’s the divorce process in NYC, how long would this roughly take if it is mutual consent, and how much would it roughly cost? Also, what exactly does equitable distribution mean? If I sell the apt. before the divorce process starts, would the proceeds count in the equitable distribution? Can we mutually decide the distribution of assets without involving the law?

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Jun 24, 2020

Question #326

Generally speaking, if a couple who reside in New York State decides to divorce and jointly own property in California, does the California property fall under community property rules of California?

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Jun 24, 2020

Question #316

In May of 2009, I moved to NY from Kansas. In August of 2009, I married a NY resident. In August of 2010, I moved back to Kansas, and we are still married. My name is not on the home deed or mortgage, but after almost six years, do I have any claim to the property or his 401K in the event of a divorce? Thank you.

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Jun 24, 2020

Question #126

I have been married to this man for eight years …he has a spinal injury and is confined to a wheelchair. When we first got married, he was walking with canes, and he told me that it was temporary that he would walk again. However, shortly after we got married, he sustained a fracture and refused to continue therapy, so he could walk with canes back but instead requested a wheelchair. Our relationship has deteriorated sexually and otherwise. He is now impotent. We haven’t had sex in over five years, and I have never cheated on him. He does not want me to work..so I can serve him hand and feet…He refuses to go on disability because this is his way of controlling me…he brings in the money, and I serve him hand and feet and remain his prisoner…I am now 51 years old, and I just can’t take this anymore…It is driving me crazy…I want a divorce, but the house is on his name, and I have nothing….no job, no money…every time I get a job he manipulates me into quitting….please help me….I am not a greedy person; I just want to be compensated for all the time I gave to him…I have had no life since the day I married him…he managed to alienate me from all my friends and family…I would really appreciate your advice on how I can go about getting a divorce from this man and be able to get something to start a new life with….I am a medical transcriptionist by trade, so I can still get back in the job market and be able to take care of myself, but right now I have no money of my own…my mother left me $13,000.00 when she died, but he put it on both our names, and we don’t have even that much in the bank anymore….thanks again.
 

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Jun 24, 2020

Question #87

 In the state of New York, what is the laws concerning retirement related issues. My husband and I have been married for 30 years…..how much am I entitled to? Advise please! Thanks
 

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Jun 24, 2020

Question #121

My father resides in and works for NY state. My mother had an affair and has not been in the home for 2.5yrs. What laws, if any, protect my father and his retirement fund after the divorce?
 

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Jun 24, 2020

Question #325

Hi, I am hoping you can answer a question for me—first, a brief history. My husband and I had four children and then separated after being together for 19 years (married for 17). We have been separated for 18 years and are finally getting a divorce. I see in the papers (he sent over for me to sign) it mentions his retirement fund being his separate asset and that maintenance was not ordered. Before I sign these papers, I am curious and would like to find out if I am entitled to anything considering how long we’ve been separated (not legally separated). By the way, I live in Washington state. I would like to know if I would be entitled to spousal maintenance, part of my husband’s retirement fund, or inheritance he just received due to his mother passing away. Any advice you can give me is much appreciated. Thank you for your time, and have a beautiful day.
 

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Jun 24, 2020

Question #295

I have been married for 27 years, but my husband and I have been separated for about 18 years. My husband lives in the state of NY, retired military, and now works for the department of defense. I live in Georgia, where my husband and I decided we would settle down after he retired. He went overseas, and when he returned, he made one excuse after another why he was not able to come home to stay. It was always something with the job. When he retired, he got a position on the installation where he worked as a soldier. Then his excuse was he couldn’t find a job in Georgia. I have always worked part-time as I raised out daughters who are now 22 and 25 years old and in college. We are currently in the process of getting a divorce, and we both have attorneys. This is not something I wanted, but my husband has made it clear now that he is not committed to this marriage even though he had been helping financially every since he has been gone. He has admitted to being in a relationship and having a 15-year-old son. He has offered me $1,600.00 a month for ten years and a life insurance policy. My attorney feels that’s a good offer in that we have been separated for a long time. I don’t think this is a fair offer, and I know what the entitlements are in that we have been married for over 10 yrs while he was in the military. What are the laws in NY with marriage and separation? We are not legally separated. Does the time we have been separated affect what I am entitled to through the military?

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Jun 24, 2020

Question #330

This is a question for my partner, who I have a son (5) from and who I have been with for six years. He was married for 21 years and has been legally separated for about seven years. He did not complete the divorce because his EX wife walked away and refused to sign the papers. They had a house in Westchester that went to Foreclosure. Today, he is retired and has his IRA, pension, and 401. My question is if he is not divorced and just legally separated, is she entitled to any money? And if he takes money out of his IRA, or pension, does he need her signature. We are trying to start the process of just the paperwork for the divorce, but we don’t know where to turn to, we need guidance on so many levels. Thanks.

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Jun 24, 2020

Question #291

My husband and I were married in California in May 2010. We bought a house in NY State, and currently reside there together, but are separating. He is moving back to California, and I will remain in our home in New York State. We may decide to get a divorce. Where should we file for that once we’re ready? I’ve noticed that New York State requires a separation agreement first. What legal steps should I be thinking about right now? Thank you! 

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