My husband and I were married in Massachusetts in 2005. He is a pot smoker 24 hours a day.

Aug 8, 2012 by

Question:  My husband and I were married in Massachusetts in April 2005. A problem occurred in my family because of drugs in 2006 and it has been a problem ever since. He is a pot smoker 24 hours a day. You can not live with him because he doesn’t remember anything that goes on and therefore thinks everything is a lie. We bought a house in AZ in 2006 and moved from MA. He moved back to MA in October 2009. Can we get the divorce in MA? State:  ...

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Child custody

Aug 8, 2012 by

Question:  Hi, A friend of mine (a female) is married, and they have a 5 year old son. She has fallen in love with another man, and has told her husband this. He is threatening that, if she leaves him for this other man, he will get custody of their son, and she will not. She has not cheated on her husband, but I wonder if that even matters in court. She is afraid that her husband will try to prove otherwise, and she will lose her son. She works full time, makes about 30K a year,...

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Should I move out before I get divorced?

Aug 8, 2012 by

Question:  My Wife and I are not getting along. In fact, we have tried counseling, but she recently quit going. Now she wants ME to move out of our house because she can’t stand being in the space as I. I had every intention in moving out until a couple of friends of mine who recently been through the same deal as I, advised me not to. The reason was due to actions abandonment to my kids and my responsibilities as a home owner in the respect of divorce court proceedings. This...

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Is not calling the children and not seeing them considered abandonment or desertion?

Aug 8, 2012 by

Question:  Is not calling the children and not seeing them considered abandonment or desertion? State:  Hawaii Answer:  Abandonment and desertion is when a person leaves a child with the intent of permanently giving up child care and custody and provides no emotional or financial support. Although all state laws differ, Hawaii considers abandonment of two years as sufficient grounds for divorce. Contact your local Division of Youth and...

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Dont want to pay taxes on alimony-can mothly payment be put under something else. Husband wants to pay house paymt after divorc

Aug 8, 2012 by

Question:  Dont want to pay taxes on alimony-can mothly payment be put under something else. Husband wants to pay house payment after 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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How do I go about getting a divorce? I was married in New Mexico and now I’m residing in North Carolina.

Aug 8, 2012 by

Question:  How do I go about getting a divorce? I was married in New Mexico and now I’m residing in North Carolina. State:  North Carolina Answer:  You file for divorce in the state and county in which you currently reside. North Carolina permits you to file after six months of residency. – The Divorce.com Team Wendy Jaffe and Divorce.com can only provide general information about divorce. DO NOT RELY ON MS. JAFFE’S...

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What if I asked for us to go to counseling and she said no?

Aug 8, 2012 by

Question:  What if I asked for use to go to counseling and she said no? State:  Vermont Answer:  Once the divorce papers are filed you can ask the court to make a review of the case and see if there is any chance that reconciliation can be made. Vermont requires 7 years of abandonment for a fault based divorce on those grounds. Six months of separation are all that is required for a no-fault action based on the assumption that resumption...

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How long before you can get married again after a divorce?

Aug 8, 2012 by

Question:  How long before you can get married again? State:  Tennessee Answer:  About 25 seconds…or as long as it takes to “pop the question.” Humor aside, if you are “legally unmarried” as in “divorced” you can get married again anytime you like. There is no waiting period for marriages if the parties are of legal age and single. Being single is the key for second marriages though, as some are...

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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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Need a free uncontested divorce

Aug 8, 2012 by

Question:  Do you know of anyway in New York where I can acquire a free uncontested divorce? I need it bad my wife and I have been separated since 2004 when she abandoned the children and I. To this day I dont know where she is, after I took custody of our child she vanished. State:  New York Answer:  If you have not seen or heard from your wife since 2004, you have a classic case of abandonment. In most states abandonment for a year or...

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If there are no grounds for divorce, what would be the best thing to do in my case?

Aug 8, 2012 by

Question:  If there are no grounds for divorce, what would be the best thing to do in my case? State:  New York Answer:  New York state does not allow no-fault divorces as you probably know. “Irreconcilable differences” is not an allowed grounds for divorce in New York and you must choose between the grounds that are available: cruel and inhuman treatment, abandonment, three years of imprisonment or adultery. If your...

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Marital Assets

Aug 8, 2012 by

Question:  My husband and I got married 6 years ago. In the past 6 years, we have not lived together more than 6 months at one time, or 2 years total. I have aquired personal properties with my own personal income during the past 6 years, Mostly aquired when he was not living in the home. I have filed for divorce, he is currently living with another woman, Since the State of Ohio is a division state, is he entitled to my personal properties in our divorce? State:  ...

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Husband moved to different state

Aug 8, 2012 by

Question:  I live in Florida. husband moved to IN last week, and now says he has to wait 3 mths to establish residency before he can start a divorce. The mortgage has not been paid since May, nor the equity. He gives me $100/week for our daughter. He says that he will initate the divorce as long as I stick to the $100 and take on half his credit card debt. If he starts a divorce up there would I be made to go there for court. Would it be better if i initiated it?? Any info would be...

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How can I find my lost divorce decree?

Aug 8, 2012 by

Question:  How can I find my lost divorce decree from Oxon Hills, Maryland? State:  Wisconsin Answer:  If you got a divorce in Oxon Hills, you need to go to the Prince George’s County website and start digging. You will find contact info for the Clerk of the Court as well as the Public Documents Library. There will probably be a nominal fee, but your divorce records should be in there somewhere. – The Divorce.com Team Wendy...

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Wendy Jaffe, ESQ. Divorce Attorney

Aug 8, 2012 by

Divorce.com is pleased to have partnered with Wendy Jaffe, Esq., divorce attorney, to assist with answering your legal inquiries. Here at Divorce.com we understand that divorces, and the people affected by a divorce, are all unique and that no two divorces are the same.  Divorce.com knows every divorce case involves different personal aspects and legal considerations, therefore we offer legal information, not legal advice. If you have a specific legal problem you should talk to an attorney...

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Parent Alienation

Aug 8, 2012 by

Question:  My wife’s children of a previous marriage are showing extreme signs of alienation to the point in which they indicated they will not be coming home during her placement. Ages 14 and 15. Will Wisconsin courts do something? We have additional evidence of poor choices of the other parents alienating behavior. State:  Wisconsin Answer:  The Wisconsin courts will do something if you ask for a modification and review of the...

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Wife asks if divorce from husban who is in prison is possible.

Aug 8, 2012 by

Question:  Can I get a divorce from my husband who is in prison? He won’t sign the papers. State:  Kentucky Answer:  Since you reside in Kentucky, a no-fault divorce state, all that is required as grounds for seeking a divorce is “Irretrievable breakdown of the marriage and that further attempts at reconciliation are impractical or futile and not in the best interests of the parties or family”. The fact that your...

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Can you get a divorce even if you still live together?

Aug 8, 2012 by

Question:  Can you get a divorce even if you still live together? We don’t sleep together.We have not slept together in about 8 years. State:  Virginia Answer:  Virginia does not have a specific “legal separation” which has to be authorized by a court or government office. In order to be considered “separated” to obtain a divorce, both spouses cannot be living together as husband and wife. Since you and your...

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Living Apart

Aug 8, 2012 by

Question:  I have been living out of the home for about 18 months still pay the mortgage and money to my son totaling about 1600 a month my son will turn 18 on dec 29 my wife threatens to not let me come to the house unless i pay and i loan her money to fix her car but does not pay back am i stupid or is she in the right for me to be paying this much? State:  California Answer:  You didn’t say whether you are divorced already or...

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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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