Question: My wife and I have been married since may of 2004 and we are currently getting divorce. Is she entitled to part of my 401 retirement that I have been contributing to through my employer and if not how can I remove her? State: Massachusetts Answer: In the absence of any other legally binding agreements to the contrary, your spouse does have a right to all or part of your 401K benefits in a divorce. Most likely she will only be...
read moreQuestion: Can a spouse receive alimony if he/she committed aldultry and had a child durning the marriage? (NC) State: North Carolina Answer: Anything is possible, but adultery and a child born out of wedlock during the course of a marriage is not likely to garner much sympathy or support in court. The judge will ultimately decide who gets what after consideration of the facts. In this case, make sure you present all of them (the facts...
read moreQuestion: HOW CAN YOU GET A CHEAP DIVORCE? (THERE ARE NO CHIDREN INVOLVED OR ANYTHING) (TX) State: Texas Answer: The least expensive way to get a divorce in your home state of Texas is to gather, prepare and file your own divorce paperwork with the court. If you and your spouse agree on the basic terms of the divorce and (as you said) there are no children or complicated issues involved, you should be able to wrap up the whole affiar...
read moreQuestion: i have a friend in fla whose trying to get divorced from her husband hes very abusive mentally and physically in the past she has an apartment she can move into next week but hes told her if she leaves hell kill her and her kids he also has several felonies pending from a few months ago is there any suggestions on what she can do she is so scared to leave, but knows she cant keep livong like this State: Michigan ...
read moreQuestion: I am married 2 years and six months and two years my wife left home and never returned. Do not have children with her, do not we have had together, our relationship lasted only two months, no fights, just separated. today want the divorce to start my life, but not longer have her address, I tried and I can not find her. How do I divorce? how much? how long does it take? (MASS) State: Massachusetts Answer: If your spouse...
read moreQuestion: I paid the attorney the retainer fee that was agreed upon. I received his letter and he changed the fees and add others which he did not disclosed at the time of consultation. How do I get my money back because I can not afford these fees? Thanks, Pain State: Massachusetts Answer: Unfortunately, there is no single great solution to getting your money back from an attorney you have already paid. In many cases it takes a lawyer...
read moreQuestion: What would the terms be if she wants to take the kids back home with her and leave the state? Do I have 2 let her do that or not…? State: Kentucky Answer: Assuming that she has custody of the kids now and that you probably have visitation and support schedules in place, she would not be able to move the kids out of state without permission from the court. If she relocates a substantial distance away, the move is a...
read moreQuestion: I’m trying to file my own divorce. I think I have all the paper work but I want to make sure. What forms do you need?I have tried doing this before and they tell me I need more forms and can’t tell me which ones at the court house. (GA) State: Georgia Answer: That is pretty frustrating that you can’t get clear answers at your local courthouse. You have to wonder what they CAN do if they can’t answer...
read moreQuestion: My wife and I are not getting along. Shes very uncooperative. We’ve been married for 1 year now with a 7 month-old baby boy; no matter how much money I make – type of foods I buy -she doesn’t cook well- she’s exploitive, she can’t plan, or budget, etc. I think the best thing is a divorce or whatever advice I can get that will be the best for me to sort out this problem. State: West Virginia ...
read moreQuestion: how can i find out if my x has filed for a divorce? State: Wyoming Answer: Most spouses learn officially that their spouse has filed for a divorce because they are “served” with the divorce petition. Another way to find out is to go to your local courthouse and speak with the clerk about the method that your local court has for locating divorce petitions. Many court houses now have computerized records and could...
read moreQuestion: How much does it cost to get divorced? State: California Answer: It has been said that a divorce will cost as much as you can afford. Of course, the true cost of a divorce depends on many variable factors and not all of them are financial. The more complicated your case is, the more expensive it will be. For couples who don’t have disputes over children or a vast estate to divide, there may not be any reason to hire...
read moreQuestion: How long do you have to service Divorce Petition Papers once they were approved by the courts in the state of Maryland? State: Maryland Answer: I am not a Maryland attorney, but I did some legal research to find the answer to your question. According to my research, the “Writ of Summons” which the court issued when you filed your initial papers is valid for 60 days. In other words, you would have to complete...
read moreQuestion: I need to get out, however I have no where to go and no money. What are my options besides spunging off my friends? **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 ...
read moreQuestion: 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...
read moreQuestion: My husband and I are looking to get a divorce. We live in sioux Falls, SD, but we can’t afford to pay a lawyer to do it. Is there some kind of help or someone that might be able to help us file for little to nothing? (SD) State: South Dakota Answer: South Dakota allows grounds for divorce as no-fault with “irreconcilable differences which have caused the irretrievable breakdown of the marriage.” You...
read moreQuestion: I’ve been divorced 2.5years and I’m getting remarried again. I’m paying child support on my first kid. Can the court system put my income and my wife to-be’s income – together and increase the child support? Or if we make a prenuptial agreement can the court system touch my income? State: Georgia Answer: A prenuptial agreement will not affect the amount of child support you pay on the prior...
read moreQuestion: if i file for a seperation but living in same house am i responsible for any debt she might run up after the filing date State: Wyoming Answer: Thank you for your question, Because the law dealing with the effect of a legal separation on debt may differ by state, I will give you a general answer. In many states, filing for separation would protect you from debt that your spouse accrued on her own behalf such as buying an...
read moreQuestion: After being married for 22 years what am I entitled to? He has taken care of me for 22 years. He’s taken care of all the household bills etc. We have 3 girls but the baby is 15. State: Virginia Answer: Without knowing any specifics, it sounds like you have a very good case for alimony and support. A long marriage where the husband has been the sole earner will be a big factor in the court’s determination of...
read moreQuestion: What are the consequences for a husband that moved funds from a joint account into an account with his sister and in another case he removed the wife as beneficiary on another account? State: California Answer: The husband can remove any or all the funds from any joint bank accounts prior to the time of filing for divorce. There’s not too much that can prevent that if he did it while you were married, living together...
read moreQuestion: My wife and i have been separated since 2007. No contact with eachother since then and I don’t know where she is. Can I divorce? State: Florida Answer: Fortunately, you can get a divorce without knowing your wife’s whereabouts. Every state has a way to “serve” someone with divorce papers who can’t be found. Most states call this “substitute service.” Typically, you need to prove that...
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