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...

read more

I have not seen my husband since 1979 and I want to get Divorced.

Aug 8, 2012 by

Question:  My story is very unusual, I got married back in 1979 when I was 21 and since then I moved on with my life WITHOUT the person I married. I have not seen him since that date but never got divorced (legally). I have no idea where he is or even if he is alive, it has been 30 plus years and I am in need of legally removing this from my record as I am getting ready to marry the love of my life and I want it to be totally legally and moraly correct. We were married in Las Vegas,...

read more

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...

read more

Cant afford divorce

Aug 8, 2012 by

Question:  How do I get divorced when I can’t afford to pay, I am a mother of 2 and don’t work. State:  Colorado Answer:  Your situation is not uncommon. If your spouse makes a good living, but you simply don’t have access to the money, many attorneys will still represent you and your husband would likely be ordered to pay your attorney’s fee. (Of course, you are going to ask the attorney about this before you sign...

read more

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...

read more

I will like to know if there is a divorce that states the marriage never happen?

Aug 8, 2012 by

Question:  My husband and I have been married for 5 months. I will like to know if there is a divorce that states the marriage never happen? State:  Georgia Answer:  A document or action “that states your marriage never happened” would be an annulment, not a divorce. However, annulment is rarely granted in Georgia (and most other states) because it requires very specific conditions to be present. Unless your situation meets...

read more

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...

read more

Does Virginia have the sunset clause?

Aug 8, 2012 by

Question:  Does Virginia have the sunset clause and if so, if a marriage has lasted 10 years, can the prenup be questioned, or even disregarded? State:  Virginia Answer:  Interesting question. Technically, no state “has” sunset clauses. Sunset clauses in divorce usually refer to an expiration or “end date” at which time a prenuptial agreement ceases to be in effect. Individual states do not create or end prenuptial...

read more

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...

read more

When is a divorce decree final?

Aug 8, 2012 by

Question:  When is a divorce decree final ? State:  Idaho Answer:  Your divorce is not really complete until you have a SIGNED divorce decree in your possession. Your divorce decree must be signed by a judge and filed with the County Clerk’s Office. When that happens, you are officially, legally and FINALLY divorced. -Divorce.com   Wendy Jaffe and Divorce.com can only provide general information about divorce. DO NOT RELY ON...

read more

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...

read more

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...

read more

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...

read more

How can you file for a divorce without paying for it?

Aug 8, 2012 by

Question:  How can you file for a divorce without paying for it? State:  Arkansas Answer:  Wait for your spouse to die. That’s about the only free “divorce” available. Otherwise, you can keep costs down by preparing and filing your own documents with the court. You may also qualify for free legal assistance in your state. In Arkansas, low-income persons needing help in non-criminal matters, should visit...

read more

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...

read more

About getting a divorce

Aug 8, 2012 by

Question:  I am married to a U.S citizen and I am Filipino. After our wedding last 2004, he left for the states (GA) and up to now i haven’t seen him in person for almost 6 years now. We do not have a divorce in Philippines, can i file a divorce online? State:  Georgia Answer:  Maybe. Even though divorce is not recognized under Philippine laws, divorce decrees secured outside the Philippines are recognized in certain instances. You...

read more

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...

read more

Can I file for divorce from Brazil?

Aug 8, 2012 by

Question:  I have a permanent restraining order against my husband. I am 8 month pregnant and came to my hometown in Brazil to have my baby here with my family. My husband is American and wants his rights as father of our baby… Can I file for divorce from here? What are his rights with restraining order? State:  New Jersey Answer:  You didn’t provide enough detail to really answer your questions here, like your current...

read more

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...

read more

I wanted an no-fault divorce but in fear that my wife would cause problems

Aug 8, 2012 by

Question:  Hi – I want to know what would be my situation if I wanted an no-fault divorce but in fear that my wife would cause problems in order to just agreeing what would be mostly i would be looking at going through i don’t have much money to just fight in court over anything she could have everything I’ll agree to pay child support no problem(1 child) please let me no what turn i would have to take. State:  Mississippi ...

read more