Question #57

Please contact me at 212-370-1660 to discuss these many issues too extensive to respond in an email.

Question #60

You should receive a portion of your husband’s retirement account, which was earned during the marriage and some spousal support, as well as child support if you will be the residential parent. The other issues regarding the house, the mortgage, and trading one interest for another will depend on either your working out a settlement with your husband or getting the judge to order such an arrangement. I strongly suggest you consider divorce mediation to resolve the outstanding issues and to make sure the agreement is legal and binding. If you are located in the NYC metropolitan area, please call me at 212-370-1660 to discuss the matter in greater length.

Leonard Weiner, Esq / Divorce Solutions

Question #65

Unless there is physical abuse involved, your daughter should remain with the child in the house, if she intends to request that she be granted the house to raise the child in, at least until she has a written agreement regarding the disposition of the house. I strongly recommend that your daughter seek an attorney-mediator experienced in divorce matters who can assist her in the divorce process. If she is located in the NYC metropolitan area, she should call me at 212-370-1660 to discuss the issue further.

Leonard M. Weiner, Esq./Divorce Solutions

Question #70

To accurately answer your question, I must know what state you are presently living in, for how long are you living there, where were you married, and where do your spouse and children live. In NY or CA, for instance, the fact that the house or other assets acquired during the marriage are in one name or the other is irrelevant! Each one would be entitled to approximately half, and if you get custody of the kids, the court will probably grant you the right to remain in the house until the children grow up.

Leonard M. Weiner, Esq./Divorce Solutiuons

Question #73

You did not indicate how the title to the property is held. If it is held in your name only and were paid for with funds you had before the marriage, it would be considered separate property and not marital property, and thus she would not have any interest in it. Even if the property is held in both names, since the duration of your marriage is so short ( 8 months), I do not believe the court would grant her an equal share of the house, which was funded entirely by you with funds you had before the marriage. Please call me at 212-370-1660 to discuss mediating your divorce. I can help.

Leonard M. Weiner, Esq./Divorce Solutions

Question #74

You did not mention what state you are in. In NY and most other states, if you used separate funds which you earned before the marriage and maintained the title to the apartment in your name only, the apartment would be considered separate property and not marital property and would be yours alone. The duration of the marriage is also taken into consideration when determining the division of the assets. If you were to separate now, assuming there are no other relevant facts that may alter the court’s opinion, I doubt a court would grant her 50% of the marital assets which were entirely earned by you.

Leonard M. Weiner, Esq./Divorce Solutions

Question #77

You do not indicate which state you are located in. In NY, which is an equitable distribution state, you should be entitled to approximately half of the value of the condo. If you are located in the NYC metro area, please call me at 212-370-1660 to discuss mediating your divorce. The issues involved require an experienced attorney to provide guidance. This is not one of those things you should try to save money on by “doing it yourself.” Your financial future and well being depend on the decisions you are making now!

Leonard M. Weiner, Esq./Divorce Solutions

Question #78

Only money earned by either party to the marriage during the marriage is “marital property.” If it is money belonging to someone else, and you can substantiate that, it should not be considered marital property and is not subject to division. It would be best if you put such funds in a separate account in the owner’s name or trust for the owner with such owner’s social security number on such account. If you use those funds to create a business in your name, you are converting those funds to marital property and subjecting them to a claim by your spouse. If you received those funds as a gift or inheritance and kept them in a separate account, and then used them to form a business just in your name, as separate property, you would have an excellent claim to assert that the company is, in fact, separate property, and not subject to a claim by your spouse.

If you are located in the NYC metro area and would like to discuss the matter further, give me a call at 212-370-1660.

Leonard M. Weiner, Esq / Divorce Solutions

Question #85

You did not indicate which state you are residing in. In most states, you would be entitled to approximately half of all your marital assets – any assets purchased during the marriage from money earned during the marriage (e.g., house, car, 401K’s, etc.). Since you are residing in the house with your autistic child and you would most likely be awarded custody of your children, the court would most likely grant you occupancy of the house until the youngest child is 18 or so. Do not move out!

You will also be entitled to some form of spousal support as long as you must be home with the child and until you can get a job to support yourself.
If your husband refuses to provide support to you, you can make a motion to the court to force him to provide interim support until the final matter is decided.

I strongly suggest you consider mediating your divorce. If you are located in the NYC metro area please call me at 212-370-1660 to discuss the matter in greater length.

GOOD LUCK!

Leonard M. Weiner, Esq.\Divorce Solutions

Question #90

If you are serious about improving your “limbo” situation and getting on with your life, you must decide whether you want to file for divorce or not. You have children, and you owe it to them if not to yourselves to try to make the marriage work. Have you tried marriage counseling?

If counseling is not an option or fails, you must seriously discuss divorce with your husband making it clear to him that the present system can no longer go on. I strongly suggest you opt for mediation rather than litigation, and I would be happy to discuss mediation with both of you.

In any settlement or court decision, you will receive child support and have the title to the lease transferred to you ( with the landlord’s cooperation).

If you are located in the NYC metro area, call me at 212-370-1660.

Leonard M. Weiner, Esq.Divorce Solutions