FINANCIAL ISSUES – MARITAL PROPERTY V. SEPARATE PROPERTY – Page 32

Jun 12, 2018

Question #53: How much would the adversarial process cost if the case went to trial and how much would DIVORCE SOLUTIONS charge?

Answer: To go to trial, we are talking six figures. Please understand, we are talking costs on both sides. In the adversarial system the husband and wife are each paying his her attorney separately but at DIVORCE SOLUTIONS there is only one fee to pay for both parties. At DIVORCE SOLUTIONS it usually takes about […]

Jun 12, 2018

Question #52: How much would it cost to go through the adversarial system?

Answer: It depends on whether the case goes to trial. It also depends on the length of the trial and how serious the adversarial partners are willing to “battle it out”. Just keep in mind that most of the time is spent sitting in the hallways of the courtroom waiting to get to see the […]

Jun 12, 2018

Question #51: If a couple live together for a number of years and then formally marry and then divorce after one year of marriage, is the marital property calculated for the entire period in which their living together for only for one year which they had a formal licensed?

Answer: Marital property is defined as property acquired by either of the parties during the course of the marriage having a marriage license is prima facie evidence of the marriage; whether the period in which the couple live together without a formal license is considered “during the course of the marriage” will depend on the […]

Jun 12, 2018

Question #50: In my divorce decree 19 yrs. ago there was no mention of my husband’s pension. Husband didn’t want me to go to court and I obeyed (I know, no longer naive). He recently retired and has a good pension, 401K and a new job. I feel that with all the years I spent raising the kids and not progressing in the workplace, that I’m due at least part of the pension that would have been contributed to during the years we were married when he worked at that establishment. I’ve asked for the pension plan, but not yet received it.

Answer: If as you say there was no mention of the pension, and you indicate to the court that your husband did not disclose the existence of the pension at the time of your divorce, you may be able to open up the matter of spousal support once again and have the court provide you […]

Jun 12, 2018

Question #49: Is New York State a community property state?

Answer: New York State is not a “Community Property State”. It does have something similar, though, called “Equitable Distribution”, in which the courts generally provide for an equal distribution of Marital Property, with a greater discretion left to the courts to decide what is equitable in each particular case.

Jun 12, 2018

Question #48: My father passed away last year. I was left some money. Would this money be included in my divorce or was it just left to me?

Answer: You did not mention what state you or living in which would have jurisdiction over your divorce proceeding. In the State of New York and most other jurisdictions, money or other assets received by inheritance if kept separate and apart from joint property, and not commingled with other marital property (i.e. putting the inheritance […]

Jun 12, 2018

Question #47: I am not sure if this is in your department. A friend of mine has been separated from her husband for over 1 year now. She claims that her husband owes her a substantial amount of money which was given to him over their 15 years of marriage. Some of the money helped him with his business and buy a car. Also, much of the money given to him came out of savings bonds. Her husband on the other hand feels he owes her nothing (or at least not the amount she thinks) and has not offered to give her anything since their separation. I’m not up on the law, but I assumed that if she had receipts for these transactions that she could go to court or settle out of court for the amount she is claiming. Is this correct? But the other problem is that she does not have all the transaction receipts. She feels entitled to receive even have of the amount she claims. What does the law say? What should she do? She doesn’t think she can afford to take this matter to court and is thinking about not challenging it…just cutting her losses. I have already suggested talking to a lawyer but what else can I tell her.

Answer: To properly answer your question I must know what state your friend is living in, how long she was married, in which state she and her husband lived together and where his business and other property is located.In New York State, and in most states in the United States, there is presently some form […]

Jun 12, 2018

Question #46: Do you do out of state work? Vermont is the state. If so, how is cost determined? How long would you say the process you offer takes? Would you send additional information by mail?

Answer: I generally work in the New York City area and have served as a mediator in other areas and states across the country but would strongly recommend that you get in touch with an attorney-mediator in your area in Vermont familiar with the Vermont divorce statutes and the courts in which he will have […]

Jun 12, 2018

Question #45: My wife takes care of most of our financials and has diversified our funds. She has a much better understanding where our money is invested. Is there any way to find out where all my funds are and how much I have saved without letting her know? Can the money be tracked by social security number or by some other means?

Answer: The first place I would start my search would be my past tax returns where all of the assets which existed during the past tax reporting period should be listed. I would also contact any brokerage firms or banks which are sending monthly statements and speak with the account executive to get an update […]

Jun 12, 2018

Question #44: Married in Texas (10/28/95)…Live in Texas (~15 yrs.)…….2 kids (live with us)…..1 house…..2 cars….1 boat… We are still together for the time being, but I intend to leave soon. Will the house be ordered up for sale? Thanx for your time and help.

Answer: I strongly recommend that you get in touch with an attorney-mediator in Texas who has been specially trained in divorce mediation and who is familiar with the matrimonial laws in Texas who can mediate your divorce so that you and your spouse will decide what to do with your assets rather than some judge […]

LEONARD M.WEINER, ESQ, Ph.D.

Divorcesolutions.com

Divorce Solutions

FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY

Question #53: How much would the adversarial process cost if the case went to trial and how much would DIVORCE SOLUTIONS charge?

Question #52: How much would it cost to go through the adversarial system?

Question #51: If a couple live together for a number of years and then formally marry and then divorce after one year of marriage, is the marital property calculated for the entire period in which their living together for only for one year which they had a formal licensed?

Question #49: Is New York State a community property state?

Question #48: My father passed away last year. I was left some money. Would this money be included in my divorce or was it just left to me?

Question #46: Do you do out of state work? Vermont is the state. If so, how is cost determined? How long would you say the process you offer takes? Would you send additional information by mail?

Question #44: Married in Texas (10/28/95)…Live in Texas (~15 yrs.)…….2 kids (live with us)…..1 house…..2 cars….1 boat… We are still together for the time being, but I intend to leave soon. Will the house be ordered up for sale? Thanx for your time and help.