Divorce Solutions

Jun 27, 2020

Question #193

My husband and I have been married for ten years, he has been in the FDNY for 15 and worked for Buffalo State for ten years with a break in service between the two. A few years ago, a bill was passed that he could by back the ten years he worked for in Buffalo. So, he paid for those ten years, which was over 13,000, which was paid for out of his pension. This means at 20 years when he can retire from the FDNY. He is retiring at 30 years. So my question is, how many years of his pension should I get?

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Jun 27, 2020

Question #195

I am 59 years old, and my husband and I have been unofficially separated for 20 years. We both retain ownership in our home on Long Island, although I live there and pay all mortgage payments, bills, etc. He was having an affair that broke up our marriage, and he is still with that woman. I am also residing with someone. We have three grown children. I am earning approximately 55,000 a year, and he is making about 80,000. We file our taxes together. My 401 is vested at about 40,000 and his over 100,000. I have no other asset, and he does have to help me financially as my mortgage payments are very high. I do not want to sell my home, and he has said he would never ask for that. I am the recipient of his insurance policy and 401 upon his death. He is also mine. Right now, he has met another woman of 42 years of age who is insisting he divorce. If we decide to do this, what are the repercussions to me? Would I be entitled to any alimony, share in 401, etc.? We are currently married for 40 years, and if I have to, I will contest this divorce.

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Jun 27, 2020

Question #212

I’m writing to inquire about two things. First- my husband (of 20+ yrs) and I want to get an amicable and uncontested divorce- and we are both residents of NY. My husband said that he would agree to any ” reasonable” request I ask… plus I want to leave the state of NY permanently. Hobbies is an officer in the FDNY, and I have been unemployed for many years -being a homemaker and raising our daughter, who is now a legal adult. However -I did work for two years (2001-2003) but had three heart attacks – now living with Congestive Heart Failure, ACS, and COPD after stent implants and a triple bypass. We own our co-op outright. In addition to a fair financial amount, I have discussed with him -plus a monthly allowance(which I am sure he will agree with). What else should I consider?(ie: his FDNY pension, any other pension plans he may have, medical & prescription plan (although I plan on moving immediately to another state after divorce),and will I still be eligible to collect on his social security when he and I are of age – even though he is 54 and I am almost 50(if I live long enough I am unable to collect SS disability as I did not pay into social security since 1992.)? This is not something that just came over us overnight- it has been in the making for the past two years, and although we live under the same roof- we sleep in separate rooms. *****Also, what would the legal fees for a situation such as this amount to in total for both parties- and do we each need a lawyer or can we just have one?

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Jun 27, 2020

Question #253

I wanted to ask a question about my divorce. I was married to my ex-wife for five years, ten months. I know I have to give her a part of my pension, I’m a police officer for NYPD. How much would I have to give her, and is it for the rest of my life?

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Jun 27, 2020

Question #88

My wife and I were married about four months ago. Our relationship has deteriorated drastically. She has threatened my life and threatened to “destroy me.” I have no hard evidence of either of those. Though the police did arrive to help me leave the house once. I have made it clear that I want out of the relationship, but she refuses to leave. Only my name is on the rental lease. Some of the bills are in her name. I cannot afford to continue paying my current rent and get another place for myself. What are my options? If I file for a divorce, who has to move? I am in New York City. What support will I be liable for considering the short time we have been married?

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Jun 27, 2020

Question #183

My husband and I have been together for six and a half years. We have a four-year-old child. He has a home that he purchased in NY in which we reside. We now live in NJ in a home that’s in his name. We got married in June of this year, and everything seems to have gone downhill from that moment. My question to you is, am I entitled to either of the homes if we were to divorce now even though we’ve been together for years but only married for months? Please answer my question as soon as possible.

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Jun 27, 2020

Question #130

We are divorcing after 20 years. He is unemployed but looking. We have enough money, and he wants to buy me out of my portion of the house, Since he is unemployed, he won’t qualify for his financing. I don’t want to force him on the street. He wants me to leave everything as is and to file a quitclaim deed. My name is still on the mortgage. If he pays me off and I file quitclaim deed on our house, If he is late on a payment and begins to ruin my credit rating, can I still force him to sell or do anything legally that would get my name off the mortgage?

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Jun 27, 2020

Question #132

I am in Wisconsin. I recently got divorced, and my ex-husband is taking over the house that we purchased together at the end of last year. It is in the divorce papers that he is getting the house. However, there is nothing that states he has to refinance by a specific date to have my name removed from the mortgage. It seems as though that he just keeps putting it off and will not refinance, and he has been asking me for money since my name is still on the mortgage even though I have not been living there for over six months now. What are my legal rights? Is there anything I can do to force him to refinance the house or any type of paperwork that can be completed stating that I am no longer financially responsible?

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Jun 27, 2020

Question #161

I live in New York State, and after seven years of marriage, I am now seriously contemplating divorce. I understand that I can file for a legal separation and, should things improve with my estranged spouse, we can get back together without remarrying. We currently jointly own (finance) home, and I am unclear as to my financial obligations (my name is on the mortgage) during the period of separation. If I do not make payments during the period we are not together, is that considered abandonment? Do I lose any financial rights to my home? Please advise.

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