Divorce Solutions

Jun 27, 2020

Question #242

My wife and I have been separated for 15 months, and we met with a court referee this week. She suggested to my ex that the house be put on the market as soon as possible, so we get the maximum value of the asset. What can I do if she does not put the house on the market? Do I have any recourse? She is going to wait till the last minute, for she does not want her life to change at all (except for me)….Can any penalties be imposed upon her like less distribution?

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Jun 27, 2020

Question #243

My wife of 11 years and I have a 27-year old daughter, and we live in NY. She makes considerably more than I do. I lost my restaurant job in Oct., and she gave me an ultimatum since my career in the arts, and the fact that I can’t land a steady writing job has not taken off. She gave me six months to find a job that pays at least $45,000/year, or I have to leave. The six-month mark is next month, and I haven’t seen anything yet. I’m sure if I move out, the next step would be divorce. We are putting our co-op on the market next month. Would I be entitled to a percentage of that sale? If I don’t get a job and my unemployment runs out, ironically, I would have to rely on that for child support payments. And how much child support would I have to pay? Forgive my naiveté, and please keep this anonymous. Thanks so much.

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Jun 27, 2020

Question #288

My ex-wife and I divorced in Louisiana in Dec 2011. She remained in the home we jointly mortgaged. We still live in Louisiana, and in the divorce decree, we were granted an equal and undivided one-half interest in all community property. (blanket statement ;nonspecific) I recently attempted to seek financing for another home but was denied as I am still liable for the previous home. So I asked my ex-wife to refinance the home in her name, and I would not seek my interest in the home until she sells it otherwise. Now at the closing bell, she has presented me with a Quitclaim deed which reads: “(me the seller ) who declared that for and in consideration of the price of One And 00/100 Dollars ($1.00), cash in hand paid, receipt of which is hereby acknowledged by Seller and full a quittance and discharge therefore given, Seller does hereby sell, transfer, assign, quitclaim, remise, release and relinquish unto Purchasers, all of the rights, title, and interest which said Seller has or may have in and to the following described property.” If I sign this quitclaim deed, do I relinquish my rights to the divorce decreed equal and undivided one-half interest in all community property, namely my interest in the home?

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Jun 27, 2020

Question #317

My daughter lives in Staten Island NY. She is getting divorced and would like me to buy her husband’s interest in the house. I live in NJ. What is the proper procedure to follow?

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Jun 27, 2020

Question #109

I have been married for almost three years and am now getting a divorce. In terms of Roth IRA contributions and marital vs. separate property: Are all IRA contributions considered marital property regardless of who put the money in the account as long as it is in one of the spouse’s names? My wife’s parents have contributed regularly to her account, and I want to see if this money is considered a marital asset.

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Jun 27, 2020

Question #123

I have been married for 11 years and have been contributing to a 401K at my place of employment. My husband has always refused to invest in a 401K through his workplace or any other. – stating that he “could not afford to invest the money.” I have ALWAYS paid AT LEAST 50%, sometimes more to the monthly household bills. Now since the divorce has been mentioned – he claims that he will sue me for my 401K (along with taking my daughter, have me committed and burn the house down). Can he just take 1/2 after he refused to invest in one?. Should I quit investing, or put the money in something else?

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Jun 27, 2020

Question #125

Hi, My mother is has been married for over 46 years but has been separated for more than 22 decades. My question is, would she be entitled to his pensions; he worked two jobs for over 35 years. If yes, at what percent. She is thinking of getting legally separated.

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Jun 27, 2020

Question #135

I was married for almost 20 years, and my ex-husband and I had two children. Our marriage deteriorated because our ideals, interests, goal and dreams changed dramatically in the last three years of our marriage. I left, and we agreed to share custody of the children. After a year of separation, we divorced. Six months before our divorce paperwork was even commenced, I lost my job due to downsizing. Now divorced for almost six months, I am still unemployed but continue to share custody and 1/2 of all expenses for the children, as agreed. My ex-husband has a 401K through his employer now for more than nine years in the approximate amount of %$50,000. By law, am I entitled to any portion of these monies even after divorce?

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Jun 27, 2020

Question #138

I’ll attempt to make a long story short. My father recently passed away and had worked for one company for many years. I was contacted by a representative from this company asking for his ex-wife’s address. During their divorce, she received a sizeable lump sum and signed away any financial benefit after his death. Thirteen years later, is she eligible to receive money from his pension? I’m the executor of the estate, and I would like to know the correct process for keeping this money away from her. I don’t even know what the total sum of the benefit comes to…they wouldn’t release the information. I don’t know her current address; no one from our family kept in touch with her after the divorce. This was his second wife, whom he didn’t want to be notified that he was ill or notified of the funeral. She was written out of all other life insurance and veteran’s benefits. I would rather the money go to charity if there is no option to place that money into the estate. Am I legally responsible for finding her? Does she receive a benefit even if she signed off in the divorce? The divorce occurred one year after he retired from the company. She took over 70,000 from a retired man in his 60’s. If she is eligible for the money, I hope she spends it on a one-way ticket to hell. Thanks in advance for your time and reply.

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Jun 27, 2020

Question #164

My husband was married for 13 years in California and divorced for five years before we met. We have been married for 6 years in New York. I would like a divorce now. His ex has not remarried. If I divorce him, which ex-wife has the right to his retirement funds, pension, etc., also, would it make a difference if I stayed in the marriage longer? He is 59 years old. I am 42, and my ex is 56.

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