Adultery

Aug 8, 2012 by

Question:  I live in West Virginia and my husband left me a year ago and bought a house together with another woman. What proof do I need to prove he is committing adultery? State:  West Virginia Answer:  On TV dramas you might see dramatic evidence of adultery introduced into divorce courtrooms, but in real life, evidence of adultery is usually more circumstantial. Most judges understand that evidence of adultery in a marriage in real...

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Co-habitation

Aug 8, 2012 by

Question:  I was married for 32 years before divorcing 8 years ago. I’ve been receiving alimony which was to continue for 10 years. I co-habit with someone and he and I are not married, only because I would lose out on my ex-spouse’s social security when I retire, if I do marry. Now my ex-spouse’s lawyer has sent formal papers ordering me to appear at court as my ex is contesting the alimony on the basis of my co-habitation. Is that feasible? are you not allowed to...

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In a divorce settlement how is pension divided between the two parties?

Aug 8, 2012 by

Question:  In a divorce settlement how is pension divided between the two parties? State:  Alabama Answer:  Pensions and other marital assets are divided according to the laws in the state where you reside. If you live in Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington or Wisconsin, you live in a community property state and assets will usually be split down the middle. All others are equitable property states...

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divorce and pension

Aug 8, 2012 by

Question:  I live in GA and I am going through a divorce. We have been married for 17 yrs and I have not worked during the marriage. My husband has a pension plan, am I entitled to a portion of that when we reach retirement age? State:  Georgia Answer:  Most likely, yes. Georgia is an “equitable distribution” state and the court will distribute marital assets between the two parties in an equitable fashion. Equitable does...

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Do you have to have a lawyer when you get divorce?

Aug 8, 2012 by

Question:  Do you have to have a lawyer when you get divorce. I want a simple divorce. There are no kids involved just property. What do you recommend??? State:  Kansas Answer:  You do not have to obtain the services of a lawyer to get divorced in Kansas (or most states), it is just easier if you do. It is also a lot more expensive. A “simple” divorce without kids but involving property to divide could actually be very simple...

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How can I file? What are my options?

Aug 8, 2012 by

Question:  My husband that I want a divorce from, won’t give us an address. The state trying to give him child support papers but they say there’s no such person at the address he told the kids. I know we both want to move on. How can I file? What are my options? State:  Missouri Answer:  You can still file for the divorce even though you do not know your husband’s whereabouts. That will not stop the divorce. Notice will...

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I need to know when my divorce was processed.

Aug 8, 2012 by

Question:  I need to know when my divorce was processed. (NC) State:  North Carolina Answer:  You can perform a Vital Records Search (for a 3 year period) in North Carolina for $24 that will show if your divorce has been finalized. Contact the North Carolina Department of Health and Human Services online at: http://vitalrecords.dhhs.state.nc.us/vr/index.html – The Divorce.com Team Wendy Jaffe and Divorce.com can only provide...

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His ex-wife wants him to divorce me online. How does this work?

Aug 8, 2012 by

Question:  My husband and I have been separated since 1995. He is in a nursing home in Minden Louisiana and I live in South Carolina. His ex-wife wants him to divorce me online. How does this work? Will it be legal and binding when I file for my retirement next year? State:  South Carolina Answer:  As long as your husband (and his ex) use the correct forms (for the jurisdiction in which he files) and you are not contesting any of the...

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What do I need to do to request spousal support or child support for a 20 year old child in college?

Aug 8, 2012 by

Question:  What do I need to do to request spousal support or child support for a 20 year old child in college? State:  Michigan Answer:  In Michigan, child support is calculated using the Michigan Child Support Formula. Child support is payable until a child reaches the age of eighteen, or until the age of 19-1/2 if the child is still a full-time student. Since the child in question is 20 years old, you will have to create an agreement...

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Husband won’t talk to me.

Aug 8, 2012 by

Question:  I have tried to ask my husband why’s and how come’s. He blames me for pushing him away, I’ve done everything to make him happy. I put my family first my whole life, well our kids have grown up – last one graduates 2010 June. I’ve been treated like I don’t exist – how can anyone live like this? I need out and him to pay for 20 years. State:  New Jersey Answer:  It is regrettable...

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Can I get an annulment in Missouri?

Aug 8, 2012 by

Question:  My husband and i have been seperated since November of 2000 after getting married in January of 2000 -would i be able to get a annulment? (MO) State:  Missouri Answer:  Most probably not. Annulments are rarely applied unless the original marriage itself was invalid for very specific reasons. Being separated (even for years) does not constitute a reason that your marriage is invalid. The court will likely view your situation as...

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Can I return to court and ask for an amendment to my divorce due to sickness?

Aug 8, 2012 by

Question:  Can I return to court and ask for an amendment to my divorce due to sickness and be able to ask for retirement money from my husband since i did not know I could do that at the time of divorce – we were married for 12 years. State:  South Carolina Answer:  Sorry to hear about your illness, and wish you a speedy recovery.  To answer your question, listed below is South Carolina Code, Title 20, Chapter 3, Article 1,...

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Not happy with my life and my husband is a big drinker.

Aug 8, 2012 by

Question:  Not happy with my life. Husband big drinker. Never hit me. We have two grown children. I own a house and I want out. I have been married for 30 years. So confused!!! State:  New Jersey Answer:  If you have been a resident of New Jersey for one year you can file a no-fault divorce action based on Separation if the husband and wife have lived separately for a period of at least eighteen months without a reasonable expectation of...

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Where and how can I get a cheap divorce here in Texas?

Aug 8, 2012 by

Question:  Where & how can I get a cheap divorce here in Texas? State:  Texas Answer:  The least expensive divorce you could complete in Texas would be a simple uncontested, no-fault divorce where you complete and file the necessary paperwork yourself. If you have bad relations with your spouse, a large estate or assets to dispute, or minor children living at home – the cost and complexity will go up. An online legal forms...

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Friends getting a Divorce

Aug 8, 2012 by

Question:  My friend who I have only talked to via the phone and her husband have 2 kids. She is a heavy, heavy duty alcoholic. I have only spoken over the phone with her for the past several years, therefore none of the following has been seen by my eyes so to speak. She has been to a Treatment Center a couple times (Incomplete) blames not being able to stick to the not drinking due to her husband drinking and coming home drunk. She also has a record of being arrested and...

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How do I start the process towards a divorce?

Aug 8, 2012 by

Question:  How do I start the process towards a divorce?- Caroline State:  Connecticut Answer:  Caroline, the first step towards obtaining a divorce is to contact a lawyer. This can be done right here on Divorce.com by using the “Find a Lawyer” section. After you have retained an attorney, the attorney will file the papers necessary to begin the divorce process.  I hope this helps!Wendy Jaffe Wendy Jaffe and Divorce.com...

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Can I divorce him for bigamy in New York?

Aug 8, 2012 by

Question:  I just found out that my husband of 19 years has married another woman in Mexico and goes there every three months he has a second life. Can I divorce him for bigamy? (I’m in NY) State:  New York Answer:  Absolutely. There is not a state in the country that allows bigamy. Bigamy is a criminal offense and carries specific penalties. You will need to prove that the bigamy exists to the court of jurisdiction in your area and...

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Proper way to go about a divorce

Aug 8, 2012 by

Question:  What papers should i get? How much will the divorce cost? how long? Will there be a court hearing? What if he does not show to the court hearing… is there a judge that will sign to make the divorce final? State:  Texas Answer:  You have succeeded in asking several questions that have no single quick answer. Considering that you live in Texas, you do have options, but what you will need, how long it will take, and how much...

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Is there a time limit on how long a divorce can go on from beginning to end? Texas

Aug 8, 2012 by

Question:  Is there a time limit on how long a divorce can go on from beginning to end? (in Texas?) State:  Texas Answer:  Texas, like most all states, has a waiting period BEFORE you get divorced. The state requires 60 days between filing and finalization. The amount of time the actual divorce itself takes is not determined by time limit, but procedure. The more complicated and contested your divorce is, the longer it will take as a...

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Can one parent take children out of town?

Aug 8, 2012 by

Question:  Can one parnet take childeren out of town? **Wendy Jaffe and Divorce.com can only provide general information about divorce. DO NOT RELY ON MS. JAFFE’S ADVICE ALONE. Before acting on information provided by Ms. Jaffe or by Divorce.com, talk to an attorney first about your particular facts and the law of your state. State:  Alabama ...

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