Divorce Legal Questions

Thank you for your question. Unfortunately it sounds like you received some incorrect information. A QDRO or Qualified Domestic Relations Order is an Order used to divide retirement accounts such as 401(k) or pensions incident to a divorce. It delineates who the alternate payee is when the spouse who owns the account is transferring a portion of the funds to his or her former spouse. A QDRO is generally drafted by an actuary, when necessary.A QDRO is not related to claiming life insurance proceeds. You may want to consult with a trusts and estates attorney.... Read Answer

The knee-jerk response is that anyone with a filing fee can sue anyone for anything -- that does not mean the suit has any validity.  While the details should be gone over with competent counsel if anything is ever filed, the short version is that normally you are not liable for what other people might or might not have done.... Read Answer

Well, lots, starting with a contempt sanction.  If she is supposed to be making the payments, and the existing order does not require her to do so, try to get such an order; if the order does require it and she is refusing, seek permission to sell the car.  Do what you can to wear the white hat -- it will go a long way toward the court giving you what you want.... Read Answer

Dear Mr. Scampton:         In order to obtain a divorce in Florida either your wife or you must have been living in the state for at least 6 months prior to filing the petition for dissolution.  You do not say where your wife has been living.  However, if you have both been in the DR for two years, you cannot file in Florida.  I hope this answers your question.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward-Miami-Dade-Boca Raton 954-316-3496 561-962-2785... Read Answer

 Under FLorida law a subpoena is a legal document that requires you to appear or you could potentially face charges of being in contempt of court.  However, that said, if you feel that you should not be required to appear you can file a Motion for Protective Order in advance of the date you are supposed to appear for the deposition.  You would hae to state why you believe you should not be legally required to appear and then ask the Court for a hearing on the Protective Order.   The Court can then either grant your motion and you would not have to appear, or deny the motion and require you to appear.  As an aside, I suspect your are being subpoenaed to see if you know of any money your boyfriend is making and to see if you are supporting him in any way in the interim because that support could be imputed as income to him for the purposes of alimony.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward*Miami-Dade* Boca Raton 954-316-3496/561-962-2785   ... Read Answer

Illinois is an "equitable division" state, not a 50/50 division state when it comes to property division.  It is possible under some circumstances for the court to order your wife to receive more than 50% of the marital portion of your pension (meaning 50% of the portion that accrued during the marriage vs. the total pension accrued).  It doesn't happen very often - most of the time, the court will order that she receive 50% of the marital portion.  The courts look at several factors when dividing property - assets, income, ability to continue to accrue income and assets, age, employment status, etc.  The court starts with the concept of a 50/50 division, but is one spouse has much more in assets or ability to earn much more income than the other party, the one with a lot less can get more than 50% of the marital assets.... Read Answer

Normally, "fastest" would be to contact competent counsel, go over whatever is involved to look for problems that could slow you down/cause problems in advance, and have the appropriate paperwork competently prepared.  If you wanted to try the do-it-yourself route, you could look at the self-help forms available at https://www.familylawselfhelpcenter.org/ but you should still get competent advice before you do anything.... Read Answer

Common law is marriage, divorce is the only option to end a marriage.  One may file a divorce to end a common law marriage or in the alternative the court may find that there is insufficient evidence of it being a common law marriage and declare as a matter of law that you never entered into a common law marriage and therefore have been and continue to be single. Call a lawyer, it shouldn't be that expensive to carry this out, finding him in Mexico, or showing the court how hard you looked to find him and that you can't find him, may result in the Court saying you can provide him with notice by publication.  If you do find him, he may be cooperative to sign off on paperwork to allow you to resolve this.... Read Answer

So, you are the Petitioner but don't have an attorney?  If so I would recommend calling an attorney in your county (or in an adjacent county).  There are things that can be done to move things forward, but it isn't possible to give meaningful advice in this type of a forum as it wouldnt take into consideration all issues that must be addressed. On the requirement for a parenting class, if there was a Temporary Order entered in your case, statute already required him to complete the class within 45 days of entry of the Temporary Order.  There are exceptions to the requirement for the class, but as I said there are a lot of things one must know to be able to give you meaningful answers. A "Motion to Enter" will set a "Trial" date for a divorce action, it will also result in a formal "Scheduling Order" being entered which will require you or a lawyer on your behalf to do a lot of things that will take time and cost money, which probably shouldn't really be needed.  A Motion for a formal "Mediation" would NOT require expensive preperation and could result in the signing of a final Decree that is ready for presentation to the Judge and entry.  Mediation is available FREE through the Early Settlement Program, but with a paid Mediator you would be more likely to leave the mediation with a signed Decree that only requires the Judges signature and filing. Call some attorneys and you should be able to get this resolved.... Read Answer

Dear Anonymous:        In the state of Florida, alimony is based on the need of one spouse to have support as well as the ability of the other spouse to pay support.  That is the basic premise.  Accordingly, it is unlikely, and I would think impossible for a spouse that earns more to get alimony from the lower earning spouse.  Of course, each case is based on the specific facts of the parties to that divorce.  If, just  as an example, the husband earned less in wages, but had investments that earned substantial income, well over the wife's income, then that might be a consideration for the wife to be an alimony candidate.      Unfortunately, lots of threats are made when parties divorce....many of them just threats and not substantiated by law.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward-Palm Beach- Miami-Dade 954-316-3496/561-962-2785  ... Read Answer

Thank you for your question. Whether the mortgage is in one name or both on marital property does not make it only one person’s liability. Even if only one name is on the mortgage, both parties would still be liable for the debt if it is marital debt. By having only the mortgage in your name, would make it easier for you to buy him out in the event of a divorce, since you would not need to refinance again. If the mortgage is in both names, a refinance would need to occur for a buyout. To help you understand your rights and options, I strongly urge you to schedule an attorney consultation. ... Read Answer

How do I say this politely...... the key to an uncontested divorce is a formal written agreement that not only addresses the issues outstanding but also lays out how to handle disputes in the future over issues that may come up.  As an example, presuming you have a child that is contemplating college or trade school, how are you & your ex handle the payment of the SAT/ACT prep course[s] (payment), the college / trade school selection process & which schools to consider, how to pay for that school & the ancillary costs. What if your income setting is different than your ex's at that time, what is the mechanism to determine who pays what percentage of those costs? Does your child have an obligation to apply for all loans available & what percentage (if any) of the college / trade school costs are to be paid for by your child? These are simple type items that should be in your agreement, so you & your ex do not fight at the time over them & end up in court spending money when its needed most. Similarly, once a child turns 17, he /she needs to be added to your auto insurance policy or her policy & there will be an expense - is that expense being shared in a ratio between your respective income settings or is one person paying for it?  These are simple everyday type items that people end up fighting over & if the agreement does not spell out how to handle them. 35 years of handling divorce & family law matters has taught me that all of these issues are better to be dealt with now in a formal agreement then thinking that you & she will be cooperative & work it out later. Believe it or not but about 60% of all applications to the family courts are for post-divorce issues because their settlement agreements failed to properly address the issue. My suggestion is that you meet with a "Certified Matrimonial Trial Lawyer by the NJ Supreme Court" since that certification is the only way to truly know if a lawyer has specific family law training & experience. If you would like to schedule a consultation with one of the partners in Diamond & Diamond to discuss your matter & to see if we can be of assistance to you in finalizing your divorce, please call Angela at 973-379-9292 (Millburn Office) or at 609-248-9595 ( Ocean County office). ... Read Answer

Hello.  If your husband was in the Local 174 pension when you got married and has been in it the entire time, then there is no reason why you wouldn't get 50% of the marital portion - meaning 50% of the benefit accrued during the marriage.     I draft and enter QDROs, so if you need my help, let me know - I'm at 815-714-2900. Cynthia Petersen Petersen Law and QDROs LLC... Read Answer

You need a consultation with a divorce law specialist to review your agreement terms and to better guide you. I do know where in NJ you live, but our firm has an office in Millburn and in Ocean County (Forked River) and consultations can be arranged through Zoom (videoconferencing) or in person. For divorce and for post-divorce purposes, initial consultations are free (your inquiry would be free). My suggestion would be for you to contact Angela of our office at either 973-379-9292 or at 609-248-9595 to schedule a consultation. My suggestion would also be to fax or email a copy of your settlement greement to the office in advance of the consultation, so that we can review it and be in a better position to discuss its terms when we talk with you about where you stand currently. ... Read Answer

A bit vague.  Inter-spousal "evictions" are not favored, save in the context of a TPO upon a showing of actual or threatened domestic violence.  That said, if only one of you owns the home then the other has no underlying property right to it.  You could look at the Domestic Violence, Property Division, and Preliminary Matters and Motions pages of our website, here, but your best bet is to consult as soon as possible with a family law specialist and get specific guidance for your specific situation.... Read Answer

Your inheritance is your separate property. Anything you buy with your inheritance is also your separate property. You have zero obligation to give your husband the truck or any money from your inheritance. If you were to get a divorce, the court would not award your husband the truck or the money from your inheritance. You should keep your inheritance money separate from any joint account because that will help prove that it is your separate, inherited property.... Read Answer

If you are still involved with your spouse, some judges will not grant a divorce because there seems to be a reasonable expectation that you will reconcile. (You may have already reconciled if you're having sex with him.) However, the best way to protect yourself is to obtain an attorney, especially since your husband has legal counsel. If you do not have a lawyer and your husband (and his lawyer) try to get you to agree to something, you will not have the benefit of someone looking out for your best interest. ... Read Answer

You will have to search the district court records to find out if your case was filed. If an order was signed dissolving your marriage, it will be in the court records which are kept by the district clerk. You should contact the district clerk in the county where you lived at the time you signed the papers to find out if anything was filed.... Read Answer

Your question is a bit unclear.  It is usually possible to predict property division questions pretty precisely, so I suggest you schedule a consultation with a qualified family law specialist, in this firm or another, and go over the facts relating to the house purchase, and the pension accrual.  You will probably leave that consultation with a very clear picture as to how both issues are likely to come out if litigated.... Read Answer

Yes, and there are other options besides contempt.  The judge could give you unilateral power to list and sell.  Under Rule 70 of the Rules of Civil Procedure, the Court can have the Clerk sign in place of a party refusing to sign a document as ordered (the listing and even the sale documents).  You should confer with a family law specialist, in this office or another, have a final demand sent pursuant to the local rules, and then move to have the property transferred.... Read Answer