Divorce Solutions

Nov 27, 2018

Question #279:My husband and I have been married for 18 years in New York State. We have an 18 years old son together. I moved out of “his” house in November 2009 because of daily excessive arguments and him hitting me on 2 or 3 occasions. We never got a legal separation. I “owned” a condo before we got married. He “owned” his house before he married me. During the marriage, I acquired a house in Atlanta, Georgia and he now owned a house outside the country of his birth Trinidad and Tobago. He now resides in Trinidad and Tobago for most of the year. He comes to NYC in April to get his taxes done and then he leaves the country. Under what grounds can I get a divorce and would we have to sell the properties between us. He is retired and gets a monthly pension.

Any property or assets acquired during the course of the marriage other than by gift, inheritance, or bequeath, is considered “marital property” and is generally divided equally. Any asset of property owned prior to the marriage and kept in one’s individual name, is separate property, not marital property, and one’s spouse has no proprietary interest […]

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Nov 27, 2018

Question #278:I HAVE BEEN MARRIED FOR 11 AND A HALF YEARS. MY WIFE WANTS A DIVORCE. I HAVE BEEN UNEMPLOYED FOR 3 YEARS. I WORKED PRIOR TO THAT AS A PERSONAL FITNESS TRAINER. I USUALLY EARN BETWEEN 25-33 THOUSAND $ A YEAR. SHE MAKES 100 THOUSAND $ A YEAR NOT INCLUDING BONUSES. WE LIVE IN A TOWN HOME, WE BOUGHT SHORTLY BEFORE MARRIAGE. THE HOME IS IN HER NAME. SHE HAS AGREED THAT WHEN SHE SELLS IT WE WILL SPLIT THE PROCEEDS. SHE HAS A 401 AND OTHER INVESTMENTS. WHAT AM I ENTITLE TO. THANK YOU.

Any property acquired during the course of the marriage, unless by inheritance, gift, or bequeath, is deemed to be marital property, with each party generally having a right to approximately ½. Since the town home was acquired prior to the marriage and is being held in your spouse’s name only, there may be a serious […]

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Nov 27, 2018

Question #271: I have been married for 11 months. My husband and I separated in April and he moved back in the end of October and he is out of the house again. Before he moved back in I financed a car which he has been using. I filed for divorce in September but did not have him served. He said he consulted a lawyer who told him that the car was consider a marital asset so that he is entitled to it. Is this information correct?

If he was not served, even if you purchased an Index number and filed a Summons and Complaint, you do not have a divorce case! He must be served. Any item acquired during the marriage with funds earned during the marriage is “Marital Property” and will generally be divided equally. If the money used to […]

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Nov 27, 2018

Question #269:Hello’’ I live in Westchester County NY, my husband and I have been married for 6 years he is a dentist and the soul financial maker I am a house wife, he pays all the bills because I cannot afford to pay them suddenly he decides to walk out on me and said he’s not coming back and he won’t be paying any more of the bills..he owns everything is in his name, I am totally dependent upon him..so my ? do I have any rights is he still legally obligated to continue to pay the bills so that I can stay in the house….

Any property acquired during the course of the marriage with funds earned during the marriage are “Marital Property” , regardless of how title to the property is held. If he was supporting you for the past 6 years he will have to continue to do so and cover the house expenses in an amount and […]

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Nov 27, 2018

Question #266:I have a few simple questions about a very complex derailed divorce proceeding. we married in 1975 in New York. After 25 years of marital hell, my husband was arrested for spousal abuse. I filed for and was granted a one year permanent order of protection. I subsequently discovered that he had corresponded with a dominatrix and was a cross-dresser with an extensive collection of perverted pornography, some women’s wigs and various s & m items. In 2000, he filed for divorce shortly before I did. We have maintained separate residences since then. During 4 years of contentious negotiations, I was led to believe, even by my own lawyer, that the equitable distribution of our joint assets would be very complicated and could leave me in financial ruin. Just days before the scheduled date of the trial, my new attorney felt that the judge would almost certainly dismiss my husband’s case due to the false charges he had accused me of and advised me to proceed as such. He said that it would give me additional leverage to negotiate a mutually agreeable settlement. After less than an hour the judge threw the case out. My lawyer never even attempted to contact my husband’s to discuss settlement, My husband and I have, for the most part, maintained a good relationship for the majority of the past 7 years. We lead separate lives and maintain separate bank accounts. For 5 years after our separation (not legalized) I continued my teaching career and opened a 403 B account. Will the money I saved and the time accrued be considered joint marital assets? Although we are co-owners of the house I currently reside in, my husband has not financially contributed towards any household expenses in any way. I took out a $100,000 mortgage to do necessary repairs and renovation. Will I be held responsible for that debt? Could it be possible that the legal distribution of our assets will be calculated from the action that I originally filed in 2000? We have not been able to reach an acceptable settlement in 11 years. Please don’t respond with a simple “try mediation”. I need answers to my questions. You have long maintained this site to advise people honestly concerning their legal rights in divorce proceedings. I thank you in advance for your time and consideration.

As long as you have not filed a Separation Agreement or filed for Divorce, You are legally considered married, and all assets acquired during such time Are “Marital Property”, both yours and his, regardless of in whose name the property is held. If the previous case was dismissed by the Judge, it ended and a […]

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Nov 27, 2018

Question #265:I have been married for 5 years, and now I want a divorce. Â the reason would be “cruel and unusual treatment”. He has been emotionally abusive, cheated in the beginning, calls me names, insulting, etc. I tried leaving in the past and he has always returned me from leaving, apologized told me he loved me etc. Now after 5 years, I guess his feelings have diminished – he is the one who is constantly suggesting divorce, telling me to leave, and there is a weekly scene and name-calling on his part. I have a son from a previous relationship, he is now in high school. He is being quite strict with him as well, and not in a “normal, healthy” way. He picks on him, calls him names, etc. I can’t take this situation anymore. Here is my question. He owns a business and he owns a condo in which we live in. Also, I used to work however, after we got married he wanted to me to stop working, and help him with business. I now work there 3-4 times a week. Do I have a right to the business and the apartment?

You did not indicate what state you lived in, but if your state is a Community Property state or a Equitable Distribution state, most states are one or the other, you have a right to approximately half of all assets, property or funds earned during the marriage, no matter in whose name the property is […]

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Nov 27, 2018

Question #257:My question concerns spousal support and division of property. My husband and I have been married for 26 years, live in an affluent community in Westchester county NY, and we have 2 children in college. He has had over 20 affairs during this time (I stopped counting), and has been a self-employed attorney & adjunct business law college professor for 15 years, making approximately 20k annually. He brought student loans with him to the marriage. I brought a farm that I had inherited through the death of both of my parents. For the past 4 years, I am a 50% partner in a successful business, and am about to open a new corporation shortly, and have worked our entire marriage. 5 years ago I learned of $250k of credit card debt that he had accumulated in cards with my name on the account, had not paid income taxes (though he told me it had been done), and had many delinquent bills (he insisted that I just sign over my paychecks, and he would take care of the bills), and so I had to refinance our mortgage, increasing the loan to pay off the cc debt, and the mortgage had to be put in my name only, though he is still on the deed. At that time, I made him close all the cc accounts, and opened my own separate bank account. Since then I pay all the household expenses, including all the childrens’ expenses & spending money, college tuitions, mortgage, insurances, utilities, food, travel, etc….also I have started filing “married filing separate” tax return this year. I have reached the end, and think I would be much happier if I was not in this marriage (this is not because of anyone else, I have never committed adultery), and my children are at an age that they can understand this splitting. But, how likely is it that I will be sucked dry of all that I have worked so hard for (I am 52 yrs old)? Will I have to give up my house, my company, pay him spousal support, etc… because he prefers not to work to his ability, prefers to stay home, sleep late, etc? Am I better off just continuing to pay for everything now, and hope that I will outlive him?

No one should be forced to remain in a marriage that he or she can no longer tolerate simply for financial reasons alone. Because you are holding your home as joint tenants on the deed, your husband has an equitable interest in such property despite the fact that you are the sole party on the […]

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Nov 27, 2018

Question #255:Me and my wife both lived and still live in NY. We got married in Oct of 2008. We got married in NYC at the Croation church. We also bought a home this year Feb. 2011 I cannot take the stress she puts on me when we get in to an argument any more I thought she would change when we bought the home but it got worse when we argue she gets violent like curse at me swings doors open picks up chairs like as if she is going to throw at me. She mentally abuses me and I don’t know what to do anymore she treats me by saying she’s not going to give money for the house payment or credit cards we used to buy things for the house I will continue to pay for the house with my money I make is that good or bad and if I do will she still have the chance to keep the home or can I keep it we have no children we have separate accounts and also a joint account. I also have audio recorded have her mentally abusing me cursing, screaming, threatening to spit on me, and more. Please let me know what can I file under and if you can do the work thank you.

Any property acquired during the course of the marriage with funds earned during the marriage are marital property and are generally divided equally between the parties. If the monies you used to purchase the house came from separate funds that you owned prior to the marriage or from an inheritance, then the house would be […]

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Nov 27, 2018

Question #254:Hello. I am a teacher with a son about to go to college, trying to divorce on a limited budget. My ex is also a teacher. We hope to be able to use a mediator, rather than a divorce attorney… but I’m trying to get enough info first to determine if this is realistic. Two of my most pressing questions: 1. When trying to divide property and assets up 50/50, what happens to a NYC Mitchell-lama coop? It has no market value, as we can only sell it back to the coop for what we paid for it, but if we were renting it on the open market, our lovely UWS 2-bedroom would probably rent for about 6,000/month, or if we owned it, sell for perhaps 800K. 2. Also, if some stocks are in both our names and some in only his name, are they all subject to a 50/50 split, or am I entitled only to half of the ones held jointly? Thank you!

If one of you intends to remain in the coop apartment, the value of the coop can be determined by the difference between the monthly cost of the coop as opposed to a comparable rental apartment in your particular area. If neither of you intend to remain in the coop, and it cannot be sold, […]

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Nov 27, 2018

Question #252:Divorcing in the state of WV. My husband moved out September 27, 2011; I filed for divorce in March 2011; he is living with a woman since January 2011; I have been living in our home and he wants the house as well. His name is the only one on the deed at court house; however my name is on the mortgage and deed of trust. Can he remove me from my home? Who has rights to the house?

West Virginia is an equitable distribution state. In the absence of a valid agreement, the court shall presume that all marital property is to be divided equally between the parties, but may alter this distribution, after a consideration of the following: • The extent to which each party has contributed to the acquisition, preservation and […]

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