Q&A

I live in NYC. My wife of 14 and an half years served me with the divorce papers two weeks ago and I responded to the summons with a notice of appearance and affidavit of support to avoid default. I have no job, no home to live. I am staying with a friend since she asked me to move out and she took my keys. I did not argue with her about that. Now she wants equitable distribution of marital asset, which is a condo that we bought in full with her money that she gave me as gift. And of course now she denies it. Both our names are on the deed. We have no kids and she helped me pay tuition after she inherited a good amount of money from her parent. Before starting my 4 years of professional degree, I told her that I could be content just with my bachelor degree to start work and be productive but she said don’t worry about money. I can afford putting you through school. Prior to starting school I was working and contributing to the household expenses. When I met her lawyer last year he was threatening me with the O’brian vs O’brian case. This year I heard that this case was reversed. She says that she has no claim on my license. I’m licensed now to practice in Cali but I don’t have any job offer and even if I have an offer I need at least $10 thousand to relocate because I will need a car, a place to rent and shipment of my belongings. Would I ask the judge for alimony, and payment of an attorney to represent me. This has been very stressful. I told her that we don’t have to divorce but she wants out. What shall I do? Please advise. Thank you.

Continue Reading...

My husband and I have been married (NY) for 8 1/2 years. Due to his problems, we have not had sexual relations for at least 8 years. My husband has supported me for the entire marriage while I pursued an independent (and not self supporting) career interest. His present retirement assets (he is retired for the past 3 years) are nearly $1,000,000. For the first five years of our marriage (before he retired) he was still contributing to that account. Am I entitled to part of that account? I don’t want to break him, I just want a fresh start.

Continue Reading...

I want to apply for divorce, but i have a question if I can do it right now. My husband currently does not work for W2 from, but he receive money as self-employed(1099 Form). I don’t know the amount. My income is $40,000 and I have about $7,000 on my saving. He owes the coop-apartment( he bought it before we got married) and i know that he has a lot of money in stocks, i am not sure if he has saving account. My question is in case if I’ll apply for divorce, can he apply for alimony for him?

Continue Reading...

My wife and i are have been separated for a year—-we have three children–17–14–12—–we have been married for 19 years—she resides in ny with my 17 year old—my 14 and 12 year old live with me—-i live with my two children in pa—-i lived in pa the last year —we want a divorce —-what state would be better to divorce in—she never worked—i paid for everything—what will she be entitled to—i am a school teacher for 24 years–i will be teaching in pa this year—pension–retirement–percent of salary——please advise thank you—-

Continue Reading...

OK, complicated question. First background: 1) Married for 4.5 years. 2) Own apartment in manhattan in wife’s name. 3) She has been mostly there since 2000. 4) I rent in California. 5) She hasn’t worked for a year and a half, but made a lot of money before the market crashed. She’s been living from that. 6) She has admitted to cheating on me several times since married, and has promised each time to stop. 7) I have some of her emails that support this. 8) I have some proof and believe that she has had an ongoing intimate relationship for the last several months with a person that I know the identity of. 9) I have her admitting to cheating on me within the last “couple of months”. 10)We were married in Nevada, but had residence in Califronia together from 1998 until 2000 and were married in 1999.

Continue Reading...

My husband and I have been married for 25 years and I had known him 4 years prior to that. I am 45. We have been separated for nearly 2 years. I left the home in TX and reside in our joint home in IL. I left for emotional abuse issues as he wanted an open marriage and I did not. We are on very good terms and have substantial assets. Neither of us want to disrupt our marital assets but due to my religious beliefs, I think divorce is necessary. What options are available to keep the real estate, stock, stock options, bonds and investment accounts uninterrupted while still attaining a divorce? I appreciate your time greatly!

Continue Reading...

In 1995 my parents split and my mom filed for a legal separation. She was not in love with my dad any longer and told him. She served him papers for a divorce but he never signed them. He was still in love. He works for Verizon and for years gave her 300 dollars a week, i am 1 of 3 children. He also split his stocks with her, but for at least 7 years he was giving her 1200 a month. Heres the Million dollar question.: 1- My father has worked hard all these years and at 66 is going to retire has to sign the divorce papers now. Techincally he is still married to her. Is she still entitled to 1/2 of what he has? I kinda think it is unfair. I love them both, but there is a house worth atleast 800k which he does not mind splitting, but there is a pension also. 2. My mom is being a bit greedy and mean, saying she is gonna get what she is entitled to. Now, I know that since she wanted a divorce she has had a boyfreind and she might have had one before, I do not know. But what I do know is she has one and definately has had one since the separation. Can having a boyfriend when separated lean better towards my father not giving her as much. Like I said, I love them both, but during these years, my mom has torn this family and try to blame it on my dad. I appreciate any knowledge you can give me in helping me make my mom not as greedy.

Continue Reading...

I live in NJ with my two sons, ages 8 and 5. My husband moved out of our house nearly two years ago and rents a cheap apartment in NYC. Neither of us has filed for divorce yet nor do we have a separation agreement, though divorce is imminent. We will be married 10 years in October. He continues to support us, paying for the mortgage, bills, etc. He earns $130,000/yr, I earn $30,000/yr working part-time so I can care for the children. All of our property and bank accounts, etc. are still in both names and we pool all of our money to pay all bills, including his apt. These are my questions: 1. Neither of us had any assets when we married, however he entered the marriage with approx $80,000 in student loan debts from his undergrad and masters degrees. We paid off the debt together from our joint income (at the time I was earning more than he was). When our assets are divided at divorce, will that $80K be considered separate debt for which he’ll have to reimburse me my half? 2. Also, in terms of gaining a more favorable settlement, should I try to stay married up to the 10 year anniversary? Will this affect alimony? I’ve heard that 10 years is the least amount of time to consider permanent alimony. But I’m starting to feel anxious for closure. 3. Assuming we file in NJ (we were married in NY and lived there for five years, then five years in NJ), is it in my best interest to file based on adultery (which he committed) or desertion (I opposed the divorce and his moving out) or does it not make any difference in the settlement if he just files a no-fault? We do plan to mediate, but I’d like to know what the likely results would be in a courtroom. Thank you for any advice.

Continue Reading...

My question is what are marital assets? I have no issue with physical possessions and those can be divided equally. My problem is that my wife refuses to engage in sexual relations with me and I am very tired with this issue. If she no longer loves me then I can live with that. Can I divorce her on that issue in the state of new york? I live in Upstate area and would like to know. We have two children together who are 7 and 9. We both earn equal amount but seem to no longer love each other and that issue is spilling over into our relationship with our children. Thanks.

Continue Reading...

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...