Divorce Solutions

Mar 19, 2021

Question #34

My Wife and I are in the process of working out a separation agreement. All seems to be going well except for the wording on higher education. Her lawyer drafted the provision for higher education as follows: Both parties agree to contribute reasonably toward the child’s higher education based upon the respective financial circumstances of the parties at such time as she commences her higher education. The parties’ obligation hereunder shall cease at such time as the minor child becomes emancipated as outline din paragraph 14. I am concerned about who decided “reasonable.” My lawyer said a judge would decide. Does this language sound fair, and is it normal in a separation agreement? I wanted it to be worded more specific as to how much each would have to contribute to better prepare and budget for when the time comes.

Continue Reading...

Mar 19, 2021

Question

I have been married for eight years. My wife and I have a baby that turned one in August of this year. On July 4, 2004, I was asked to leave the marital residence and reside in our summer home. There was never any attempt to work things out or reconcile our marriage. Divorce is/was inevitable. My wife currently does not work, based on both of our decisions after the birth of our child. In the meantime, I have fallen in love with my best friend, who has unfortunately made its way around the whole town. We have never been seen in public as affectionate but do spend plenty of time with each other. I go home at least once or twice a day to spend time with my child and have done so ever since July 4, 2004. Since the news of my affair has made its way to my wife, she has now threatened to never let me see my daughter again. I would like to know what my rights are if she can prove adultery. Does she have the right to refuse to allow me to see my child? Does she have the right to tell me who is allowed to be around my child and who is not? And is child/spousal support affected in a case of adultery?

Continue Reading...

Mar 19, 2021

Question #33

I have been married for eight years. My wife and I have a baby that turned one in August of this year. On July 4, 2004, I was asked to leave the marital residence and reside in our summer home. There was never any attempt to work things out or reconcile our marriage. Divorce is/was inevitable. My wife currently does not work, based on both of our decisions after the birth of our child. In the meantime, I have fallen in love with my best friend, which has unfortunately made its way around the whole town. We have never been seen in public as affectionate but do spend plenty of time with each other. I go home at least once or twice a day to spend time with my child and have done so ever since July 4, 2004. Since the news of my affair has made its way to my wife, she has now threatened never to let me see my daughter again. I would like to know what my rights are if she can prove adultery. Does she have the right never to let me see my child, does she have the right to tell me who is allowed to be around my child and who is not? And is child/spousal support more based on a divorce by adultery? Thank you for your anticipated response in this regard.

Continue Reading...