divorce dismissed

Aug 8, 2012 by

Question:  On 6/22 our divorce was dismissed due to the fact that my husband did not produce his paperwork on his business – is this something that you are familiar with? State:  New Jersey Answer:  It sounds like this may not be the full story. If someone does not produce documents after a legal request was served on them, the party who requested the documents then goes to court and gets an “order to compel the production of...

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My husband is cheating on me. Any benefits for me in the divorce process?

Aug 8, 2012 by

Question:  If my husband is cheating on me – are there any benefits for me in the divorce process? State:  California Answer:  People do not usually look to find something good within a situation where your husband is cheating on you. There is not really much you can get from a situation like that unless it is assigning blame or fault in a marriage prior to a divorce. Commission of adultery is not exactly a great reflection on a...

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Pension. How many years to get half?

Aug 8, 2012 by

Question:  How many years to get half? State:  New York Answer:  In New York, all retirement plans and pensions are marital property and subject to equitable distribution. The division requires a Qualified Domestic Relations Order be drawn up and the court will use a mathematical formula where the accrued benefit is multiplied by a fraction to calculate the split. The number of months of the marriage, and the number of months of...

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What to expect from divorce financially

Aug 8, 2012 by

Question:  I’ve been married 30 yrs, kids grown, have home – he left – just walked out, I have only worked part time during the whole marriage, domestic violence pending. Will I keep the home? Will he provide me with alimony, insurance, and pay the home mortgage along with the alimony I may receive? State:  Alabama Answer:  Without knowing the details of your assets and debts, it would seem you are likely to stay in...

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Question about Hidden Assets

Aug 8, 2012 by

Question:  Separated, not legally but my ex has bought several large ticket items since, we separated I have found out that a large part of his income was never deposited into the our household account but into other accounts just in his name, if he purchased these items with that money which was part of our marital income, am I entitled to half or part value? State:  North Carolina Answer:  If you are voluntarily separated and there is...

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Can I make a stipulation that my husband can’t keep my step son from seeing me after our divorce?

Aug 8, 2012 by

Question:  Can I make a stipulation that my husband can’t keep my step son from seeing me after our divorce.. Since I have been his primary provider for seven years.. His birth mother has not seen him since he was 6 years old and he is 14 now. State:  Oklahoma Answer:  Since you are not the birth mother of the child, it will help if the child in question chooses to spend time with you. The Oklahoma legislature passed a law in 2002...

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Divorce or palimony suit?

Aug 8, 2012 by

Question:  I lived with a man who I was married to in 1975. Got divorced in 1978. Got back together in 1980 due to an illness I had which made me disabled mentally – Viral Insefelitis. Left a scar in my brain which causes seizures (controlled by meds. & memory problem due to scar). He stayed with me for 20+ yrs. Referred to me as his wife to people. Bought a house together & filed taxes together. A year 1/2 ago he leaves me for a 35 yr. old (he is 58 & I’m 60)....

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What percentage of my husbands income would he pay for child support?

Aug 8, 2012 by

Question:  What percentage of my husband’s income would he have to pay for child support? State:  Texas Answer:  Child support in Texas can be estimated fairly accurately using any one of a number of “calculators.” They can be found easily enough with an online search. Basically, they all total up existing household incomes and expenses to come up with a base subtotal figure. The amount of child support is then figured...

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Can I file bankruptcy during a legal separation without damaging my husbands credit?

Aug 8, 2012 by

Question:  Can I file bankruptcy during a legal separation without damaging my husbands credit? We have separated all the bills and I will not be able to afford my portion. If I file for bankruptcy will it affect him at all? State:  California Answer:  Hmmm. It sounds like you are going to need to consult a bankruptcy attorney. The handling of debt settlements changed with the 2005 Bankruptcy Code. Prior to the change you could file...

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SEPARATION – HOW DO I GET STARTED?

Aug 8, 2012 by

Question:  HOW DO I GET STARTED? State:  North Carolina Answer:  Your question is rather vague. If you meant “how do you get started with a divorce (or separation)?,” we would direct you to your local county government resources in North Carolina. You could also visit your local county courthouse to see what forms and documents are necessary to pursue the course of action you are seeking to complete. You could also contact an...

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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 long will my divorce process last?

Aug 8, 2012 by

Question:  How long will my divorce process last?- Theresa State:  Florida Answer:  Theresa, sometimes the process is clean and fast, and sometimes it can be a very difficult process. Several factors determine the amount of time necessary to obtain a divorce. If you and your spouse have been married for a long time, have minor children, and have accumulated a lot of marital or community property, it may take several months to resolve your...

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How do we settle our debt?

Aug 8, 2012 by

Question:  We have a house with a $78,000 owed on and a Visa bill of $15,000. Almost everything is in his name only, I sold my land where we did live and I have money tied in this place too, plus I help pay bills. What should I do? He has told me he would settle with me of half of the Visa bill of 4000.00 and I let him keep the house – but I feel I’m losing everything I help put in it. State:  Kentucky Answer:  While we...

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Question about home purchased during marriage.

Aug 8, 2012 by

Question:  My husband and I started together with NOTHING. Now, we own a house (just in his name, as a was a stay at home Mom with no job) However, I found the house through my family member who gave us a $40,000 deduction on the price. He has been both physically and verbally abusive to me and my(our) children. I want to be fair, but I think that everything should be split down the middle. The house, and everything in it. We have been separated since July of 2008. So, its gonna be...

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Can I Get Divorced Even Though I Don’t Know Where My Husband Is?

Aug 8, 2012 by

Question:  CAN I STILL GET MY DIVORCE EVEN THOUGH I DON’T KNOW WHERE MY HUSBAND IS? WE HAVE BEEN SEPARATED FOR 9 YEARS. State:  Louisiana Answer:  Yes, you can still get a divorce even though you don’t know where your husband is. Assuming you’ve lived in Louisiana for more than 6 months and are a legal resident, you can file a no-fault action based on living separate and apart for at least 6 months, or you could file a...

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NEVER RECEIVED DIVORCE PAPERS

Aug 8, 2012 by

Question:  My brother signed papers for his wife to divorce him. He has never received any papers to say it’s over. She won’t give him a copy of the papers. What should he do?       State:  Pennsylvania Answer:  Your brother should go to the courthouse in the county where he lives and check the records for files in his name. If a divorce action has been completed the records will show that and he can get a copy....

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Grounds for Divorce

Aug 8, 2012 by

Question:  My wife has been taking medications over the past few years to include Xanax and Lexapro. She also had a hysterectomy in Sept. 2008 so she was on hormone replacement and she has a low thyroid so she was taking medication for that. This past July 4th weekend, she had a religous conversion and has stopped taking all of her meds, cut them off cold turkey. She has turned completely “cold” towards me. There hasn’t been any intimacy since a couple of weeks before...

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how do i find out if a divoece has been filed i want a divorce

Aug 8, 2012 by

Question:  how do i find out if a divoece has been filed i want a divorce? **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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Child Support

Aug 8, 2012 by

Question:  I am separated from my wife, we have not filed for separation and we don’t have any court orders for child support. My wife is claiming that I haven’t been supporting my daughter. I have been purchasing formula and diapers and other baby supplies for my daughter since we seperated, but my wife won’t accept them from me now. My question is does that count as child support? State:  South Carolina Answer:  It is good that you have been...

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Can I get the divorce decree prior to the property settlement?

Aug 8, 2012 by

Question:  I have been separated for 1.5 yrs. My ex is dragging it out to get support. Can I get the divorce decreed prior to the property settlement. I would like to file as single this year as he committed tax fraud last year and I am going to have to deal with an audit because we are still ‘officially’ married. I filed no fault despite the fact he was abusive. Can I change this to fault and if so will it speed the procedeedings. Thankyou for the...

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