Divorce Solutions

Jul 09, 2019

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!

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Jul 09, 2019

Question #206

In 1995 my parents split and my mom filed for a legal separation. She was not in love with my dad any longer and told him. She served him papers for a divorce but he never signed them. He was still in love. He works for Verizon and for years gave her 300 dollars a week, i am 1 of 3 children. He also split his stocks with her, but for at least 7 years he was giving her 1200 a month. Heres the Million dollar question.: 1- My father has worked hard all these years and at 66 is going to retire has to sign the divorce papers now. Techincally he is still married to her. Is she still entitled to 1/2 of what he has? I kinda think it is unfair. I love them both, but there is a house worth atleast 800k which he does not mind splitting, but there is a pension also. 2. My mom is being a bit greedy and mean, saying she is gonna get what she is entitled to. Now, I know that since she wanted a divorce she has had a boyfreind and she might have had one before, I do not know. But what I do know is she has one and definately has had one since the separation. Can having a boyfriend when separated lean better towards my father not giving her as much. Like I said, I love them both, but during these years, my mom has torn this family and try to blame it on my dad. I appreciate any knowledge you can give me in helping me make my mom not as greedy.

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Jul 09, 2019

Question #207

I live in NJ with my two sons, ages 8 and 5. My husband moved out of our house nearly two years ago and rents a cheap apartment in NYC. Neither of us has filed for divorce yet nor do we have a separation agreement, though divorce is imminent. We will be married 10 years in October. He continues to support us, paying for the mortgage, bills, etc. He earns $130,000/yr, I earn $30,000/yr working part-time so I can care for the children. All of our property and bank accounts, etc. are still in both names and we pool all of our money to pay all bills, including his apt. These are my questions: 1. Neither of us had any assets when we married, however he entered the marriage with approx $80,000 in student loan debts from his undergrad and masters degrees. We paid off the debt together from our joint income (at the time I was earning more than he was). When our assets are divided at divorce, will that $80K be considered separate debt for which he’ll have to reimburse me my half? 2. Also, in terms of gaining a more favorable settlement, should I try to stay married up to the 10 year anniversary? Will this affect alimony? I’ve heard that 10 years is the least amount of time to consider permanent alimony. But I’m starting to feel anxious for closure. 3. Assuming we file in NJ (we were married in NY and lived there for five years, then five years in NJ), is it in my best interest to file based on adultery (which he committed) or desertion (I opposed the divorce and his moving out) or does it not make any difference in the settlement if he just files a no-fault? We do plan to mediate, but I’d like to know what the likely results would be in a courtroom. Thank you for any advice.

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Jul 09, 2019

Question #222

My question is what are marital assets? I have no issue with physical possessions and those can be divided equally. My problem is that my wife refuses to engage in sexual relations with me and I am very tired with this issue. If she no longer loves me then I can live with that. Can I divorce her on that issue in the state of new york? I live in Upstate area and would like to know. We have two children together who are 7 and 9. We both earn equal amount but seem to no longer love each other and that issue is spilling over into our relationship with our children. Thanks.

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Jul 09, 2019

Question #238

My ex husband and I divorced in 2004. Everything was very simple, and nothing was mentioned as far as future marital assets. I continued to live in the apartment we shared after he left (he left in 2003) and just moved in September of 2009. The problem is this- the property manager in the former apartment changed 3 times since my husband left, and they failed to change the name under which the bank account was created, which held the original security deposit. My ex said time and time again he anted nothing. Now 5 years later, I tell my newest property manager I am moving, and I am told the security check will be in my ex husbands name. I speak with him regarding this, explain the errors, and he states “that’s fine, just let me know what and where I have to sign” now3 weeks later, the check has arrived in his name, he and his new wife just bought a town house, and he is claiming he never said that and is entitled to half, plus interest. Mind you- he has not paid child support or alimony, yet believes he is entitled. I know I should have had him sign something, but hadn’t. Is he entitled to half? Should this have been spelled out in the divorce agreement?

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Jun 18, 2019

My husband and I have been married for 2.5 years and we have a 4 month old daughter. My husband has not worked in a year and I have been paying his child support for another daughter he has as well as the mortgage and all of the bills for some time now. He can work, he just isn’t right now, and if the child support isn’t paid his license will be suspended. We live in NYS, is he obligated to continue to pay child support even though he doesn’t have a job right now? Also, his name is not on the deed or mortgage, can I make him leave the house if we are not divorced yet?

He is obligated to pay the child support until he receives an Order from the Court changing the terms of the the original Order. If he has been trying to find work and has not been able to do so, he can make a motion to the Court to lower his payments. If he just […]

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Jun 18, 2019

I live in NY,married 7yrs,children 6 & 3-stay at home mom for 3 years. I will have custody of children,we are all living in our current home. My husband wants the divorce & does not want to move out,he wants to buy me out of home. Do I legally have the right to stay in our home with children and have him move out .Alot of people tell me that I can stay in home with children. Will he have to pay mortgage &taxes ??

Since the children are so young, if you were selected by the court as the residential parent, the court would allow you to remain in the marital home until the youngest child reaches majority, which is 18 years of age. Whether your husband would be required to pay for the mortgage and taxes would depend […]

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Jun 18, 2019

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?

Let me start from the beginning. First, your husband has no right to kick you out of the house. In the event that happens again call the police. If he becomes violent you can ask for an order of protection and he will be forced to leave the house, not you. Under no circumstances should […]

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Jun 18, 2019

I have only been married for two years. I have two children and he has two and we all live Together in my husband’s house that he shared with his previous wife. We are having major issues and I don’t know what to do. We live out in the country around his family. All my family live out of state so I don’t really have a place to go. I left the house this weekend because my husband and I got into a heated argument and he had disabled the van I had been driving so I couldn’t go anywhere. I called the police and they came out to the house but by that time he fixed the van. Both of our young kids were crying, it was awful. He told me that I couldn’t come back to the house. My belonging are there. Does he have the right to change the locks on me? Can I call the police again before I go back? We have been staying in a hotel but money is running low. What are my rights as his wife although my name isn’t on his house. Can he just put my kids and me out?

He has no right to lock you out of the house. You should call the police and insist that you be allowed back in to the house and ask for an order of protection to keep your husband away from you and the kids until you can work things out or decide to get divorced. […]

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