admin

My ex husband and I divorced in 2004. Everything was very simple, and nothing was mentioned as far as future marital assets. I continued to live in the apartment we shared after he left (he left in 2003) and just moved in September of 2009. The problem is this- the property manager in the former apartment changed 3 times since my husband left, and they failed to change the name under which the bank account was created, which held the original security deposit. My ex said time and time again he anted nothing. Now 5 years later, I tell my newest property manager I am moving, and I am told the security check will be in my ex husbands name. I speak with him regarding this, explain the errors, and he states “that’s fine, just let me know what and where I have to sign” now3 weeks later, the check has arrived in his name, he and his new wife just bought a town house, and he is claiming he never said that and is entitled to half, plus interest. Mind you- he has not paid child support or alimony, yet believes he is entitled. I know I should have had him sign something, but hadn’t. Is he entitled to half? Should this have been spelled out in the divorce agreement?

Continue Reading...

My husband and I were married in California in May 2010. We bought a house in NY state, and currently reside there together, but are separating. He is moving back to California, and I will remain in our home in New York State. We may decide to get a divorce. Where should we file for that once we’re ready? I’ve noticed that New York State requires a separation agreement first. What legal steps should I be thinking about right now? Thank you!

Continue Reading...

We live in NJ. I have been with my boyfriend for 3 years now and he has been separated, not legally separated, from his wife for about 8 years living separate lives but stayed in the same home so they could both raise their 3 children who are now 9 in school, 15 in school, 19 not in school but works fulltime. He finally moved out a year ago but still has not gone to get thing legally processed because he feels bad for her and she keeps telling him she has no money for a lawyer and that she is going to get more money as alimony, since they are married 20years, if he divorces her so to just keep living separately and just keep paying her $600 a month child support and that I the girlfriend should be understanding and not force him to divorce her. She texts and calls him throughout every day and not about the children it’s about personal info and wanting to know where he is and what he’s doing and how his day is, as if they are still together and it drives me crazy and our relationship is taking the heat for it because we constantly fight about her needing/wanting to stay so involved in his life. He only makes 46k a year and I think he is paying way too much child support. And now he wanted me to co-sign on a bike loan because his “wife” destroyed his credit and I agreed as long as he signed a Contract Agreement with me so I don’t get screwed should something happen to our relationship, or to him, or to me, and to write it out that the bike can NOT be used as a dividable martial asset when he finally gets divorced. I was trying to protect myself and us, but he became furious with me. His “wife” claims she will not go after the bike in the divorce. But those are just words and she already stole and cashed the tax check that they filed joint taxes in 2013 and lied that the check never came until he finally tricked her into confessing it to him last week. I don’t know what to do. I don’t think I was wrong to ask for the Contract Agreement and I don’t know if that would ever hold up in the divorce or if she can still get 1/2 of it. Also just asking if his child support is too much he is paying out because between that and rent and his own bills he doesn’t even have enough to go grocery shopping for himself every month and its falling on me to support him while he’s still supporting his “EX” wife. Any advice would greatly help me PLEASE!!!!

Continue Reading...

Hello, Not sure if you can offer any solution. Me and my husband got married in India. it was an arranged marriage. At the time he was a resident of NY and I lived in India. Now both of us are US citizens. We have two children together one is 23 years and the other is 11 years. His parents lived with us. I underwent a lot of mental torture at the hands of my husband and his mother. It was only after the birth of my second child and some counseling that I realized I was being abused. I was a well-travelled socially active person but over time became into a person with inferiority complex. I used to be scared of going back home after work every evening dreading who would pick a fight that day the husband or the mother. Even though I worked full time and made the maximum income in the house the parents controlled both our incomes. They forced me to deposit the money in a joint account which had his father as the primary account holder. The husband never backed me up and insisted that I follow their rule. In fact any monetary gift, material gift that was given to me by any friends or family his and mine were taken away by his mother and he was ok with that. He was a heavy gambler and I have been under burden of his gambling debts. He has even been caught stealing at places of work and constantly lost his job. Due to this the parents made me feel that I would never be able to make it in this country as a single parent and constantly refused to let me leave. The family took money from me for their business but until today I have not seen a penny returned ,mother kept on saying I should not worry and she would support me and my children and was taking my salary so she could save for our future. Of course till today I have not seen any of that monetary support, even when she knew I had no job for almost a year and was struggling to put one child through college. I have been supporting my two children all their life. In fact when my children were born neither the husband nor the parents were present. during my 1st child I was alone and during the 2nd child my 1st born was with me in the hospital. My OB/GYN doc did not see the father even once when I was pregnant the 2nd time round. However my children are both very happy children after I have moved out. There is a property that was bought during the period when we lived together but his parents forced me to put their name on the property as co-owners. His name is not on the property. He and his parents still live there We both still reside in NYC. My two children live with me. There is a property that was bought during the period when we lived together but his parents forced me to put their name on the property as co-owners. His name is not on the property. He and his parents still live there and I want to ensure that me and my children get their rightful share of the property. When we were together we had nothing together. Not even a bank account. If I wanted to file for a divorce in the country of marriage can I do that and will that divorce be valid in NY state. If it would get accepted will I be able to get at least 50% of the property if I file a case against them in NY state after the divorce.

Continue Reading...

Answer will be added here.

Continue Reading...

He is obligated to pay the child support until he receives an Order from the Court changing the terms of the the original Order. If he has been trying to find work and has not been able to do so, he can make a motion to the Court to lower his payments. If he just […]

Continue Reading...

Since the children are so young, if you were selected by the court as the residential parent, the court would allow you to remain in the marital home until the youngest child reaches majority, which is 18 years of age. Whether your husband would be required to pay for the mortgage and taxes would depend […]

Continue Reading...

Let me start from the beginning. First, your husband has no right to kick you out of the house. In the event that happens again call the police. If he becomes violent you can ask for an order of protection and he will be forced to leave the house, not you. Under no circumstances should […]

Continue Reading...

He has no right to lock you out of the house. You should call the police and insist that you be allowed back in to the house and ask for an order of protection to keep your husband away from you and the kids until you can work things out or decide to get divorced. […]

Continue Reading...

You do not indicate what state you’re located in, but in the State of New York, which is an “Equitable Distribution” state, all funds or property acquired during the course of the marriage regardless of and whose name such property is held is considered marital property and is generally divided in half. Thus, if the […]

Continue Reading...