Question #316 – Divorce

LEONARD M.WEINER, ESQ, Ph.D.

Divorcesolutions.com

LEONARD M.WEINER, ESQ, Ph.D.

(212) 370-1660

Divorce Solutions

Divorce Solutions

(212) 370-1660

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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.

Because you are living in Kansas since 2010, you would have to file in Kansas, not NY.

Kansas is an Equitable Distribution state meaning that generally any property (including the house and 401K) acquired during the marriage with funds earned during the marriage (excludes funds received as an inheritance or gift from a parent) are considered Marital Property, regardless of in whose name the property is held and will be divided approximately 50 -50, with the court retaining discretion to make a different division based on extenuating circumstances.

Good Luck,

Leonard Weiner, Esq./Divorce Solutions
212-370-1660

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I live in Long Island and have been married for 20 years. My marriage hasn’t been easy through the whole marriage. I have two children who lives with us, one is underage and the other one is 19. I have questions in how to start this process. I can say that I’m nervous about it because I might be left with nothing. He has kicked me out of the house every time we argue but many of my friends tell me he can’t do that. He makes good money, the house is under his name, and he pays the mortgage. He has mentioned that the house is under the kids, including my step son. I am on Social Security Disability for about 5 months. Can he throw me out of the house? Will my younger child receive any money? He said I will not see a penny, meaning no alimony. I just want to leave this house and find an apartment for my kids and I but I don’t have the money for it. If he sells the house, will I get anything. I have no money saved because he has told me I have to pay the gas, light, car insurance and the phone bill which hardly leaves me with anything. What are my rights? How can I start in finding out in starting a divorce process. I am afraid because he has told me i will not receive a penny from him. Please tell me what can I do?

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