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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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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Paying Child Support to Ex-Spouse Who Is Relocating To Another State

Aug 8, 2012 by

Question:  Paying Child Support to Ex-Spouse Who Is Relocating To Another State? **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...

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What if I am being accused of constructive abandonment?

Aug 8, 2012 by

Question:  What is constructive abandonment? State:  New York Answer:  New York State does not allow no-fault divorces or irreconcilability as grounds for divorce and requires that a person must prove marital fault in order to obtain a divorce. Constructive abandonment is the ground that is most often used in proving fault in New York divorces. The state’s laws require the complaining spouse to prove that the abandoning spouse...

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If we divorce, then does that mean that he gets the home even though I am the legal guardian of our 5 and 3 yr old?

Aug 8, 2012 by

Question:  My husband and I own our home and it is in both of our names but he wants to go to the court house and take my name off of it. If we divorce, then does that mean that he gets the home even though I am the legal guardian of our 5 and 3 yr old? State:  West Virginia Answer:  First off, overall, the court will assess both you and your husband’s situation and decide who should keep the house.  The court does this under...

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Under what grounds would i lose custody of my kids during the divorce process?

Aug 8, 2012 by

Question:  Under what grounds would i lose custody of my kids during the divorce process? State:  Arizona Answer:  There are numerous factors that states and courts consider during child custody cases. In most cases, the general guidelines used for child support and custody in your state will be followed. Additional grounds will be considered if they fall into one of these categories: abuse of a child, alcohol or drug abuse by a parent,...

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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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