Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY

Question #145:


My husband and I have been married for 25 years and I had known him 4 years prior to that. I am 45. We have been separated for nearly 2 years. I left the home in TX and reside in our joint home in IL. I left for emotional abuse issues as he wanted an open marriage and I did not. We are on very good terms and have substantial assets. Neither of us want to disrupt our marital assets but due to my religious beliefs, I think divorce is necessary.


What options are available to keep the real estate, stock, stock options, bonds and investment accounts uninterrupted while still attaining a divorce?


I appreciate your time greatly!



Answer:




Answer:


What you must do is enter into a written Separation Agreement in which all of the property will be delineated and divided as you both agree upon. This can be done through mediation in which we would first make an accounting of all of the marital property ,the value of each item, and then discuss together how we'll divide them and who will get what. The division of these assets will be incorporated expressly in the Separation Agreement among other issues that must be determined before a divorce can be filed, and thus all of the assets which you both own as marital property will be protected with the minimum amounts of interruption. You must also discussed and agree upon which property is separate property and not subject to the division.

There are also many other issues besides financial which must be addressed in the divorce process and that can also be taken care of through mediation.


Please contact me at 212-370-1660 to discuss this matter and greater length.


Leonard M. Weiner, Esq./Divorce Solutions
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