Divorce Legal Questions

It sounds as if the proper real estate documents were not filed in conjunction with your Final Decree. If not, then your ex husband would still be on all of the documents in the real property records. In addition, if the home was not refinanced after divorce, then your ex husband would still be financially responsible on the underlying note (mortgage).  I handle both family law and real estate law. I see these types of issues often as family law attorneys rarely consult a real estate attorney before closing out a divorce. ... Read Answer

While there may be a way to get out of the Separation Agreement, there is a very real chance that you are stuck with the deal that you voluntarily agreed to sign.  The Separation Agreement ("SA") is a contract between you and your ex, and like most contracts, you can't simply just say "oops, my bad, I want to get out of it."   If the proper steps were followed in the drafting and execution of the SA, you may not be able to get out of it and may have to comply with whatever the terms set forth.  You are going to have to schedule a consultation with a local family law attorney, but be prepared for them to tell you that there is little they can do.... Read Answer

You can't stop him from getting a divorce so long as you have been separated for over one year and it was his intent to remain separate and apart for that year.  So at this point, unless he agrees to reconcile, you need to consider what steps you need to take to protect possible claims against him.  The most relevant claims are one for equitable distribution (property division) and for post-separation support and alimony (spousal support).  If these claims aren't pending prior to the divorce being finalized, you will lose the ability to pursue them.  So you will probably need to consider whether you should file a lawsuit against him for these claims, or whether you should try to work something out voluntarily.  If you work somethign out, you can sign a contract with him that resolves your claims, which contract is typically entitled a Separation Agreement.   It is quite easy to make mistakes on your own if you are purusing either option, so I would highly recommend you talk to a local family law attorney.  ... Read Answer

If your husband accrued any of the retirement benefits during your 5 year marriage, you may be entitled to a portion of the pension.  For example, if your husband worked for a company for 15 years prior to the marriage and 5 years during the marriage, then 1/4 of the retirement benefits will be "marital". You may be entitled to 1/2 of the "marital" portion.      ... Read Answer

There isn't a specific answer to this question.  Any general litigation attorney is capable of handling your case, although many will turn it down as it pretty unique.  I have dogs and I totally get why you would want to appeal, but do want to give a warning that I could easily see you spending $2,000+ on attorney' fees.  ... Read Answer

I anticipate that folks are going to be hesitant to provide a clear answer without having a long face to face meeting, and because it is always difficult to guess what a judge would do.  That said, she would have a claim to divide the property you acquired during the marriage, and she has a theoretical claim for spousal support.  Her spousal support claim is not a particularly trong one due to the fact that you are 70 years old and not employed.   With the caveat that I know very little about your case, I am skeptical that you would be forced to pay for anything in excess of what you are paying for now, and I'm skeptical a court would even require to continue making the mortgage payment.  But you need to consult with a family law attorney in your area who will go over all the claims in your case and offer guidance for your next steps. I wish you the best.... Read Answer

If you have already tried negotiating with your husband and you haven't been able to come to terms, you may need to consult with a local family law attorney.  Without some compelling reason, I wouldn't accept less than 50% of the marital estate either.  In the event you do move out and file an equitable distribution claim (property division) against him, you stand a good shot at getting 50% or more (depending on the facts specific to your case).  You will want to make sure that all of the marital estate is considered when the property division is calculated.   Moving out prior to having a deal in place isn't necessarily a bad idea, but I would speak to a family law attorney in your area to confirm.  ... Read Answer

The defendant in a divorce case shouldn't have to sign anything, so I'm not sure I understand what you are referring to.  In a typical divorce, the plaintiff files the lawsuit and gets it served on the defendant through the sheriff.  After the defendant has been served, he or she doesn't have to have any further involvment in the case.   Unfortunately, your boyfriend should schedule a consultation with a local family law attorney who can advise him as to what he has been doing incorrectly.  ... Read Answer

The short answer to your question is "yes" -- the rules require service of process, etc., but sometimes people serve wrong addresses, or even lie about it, requiring motions to set aside.  Any family law lawyer can easily check the court computer to see if a case is pending, or you can call the Clerk's office and ask directly (702) 455-2591 for Clark County.  And if you want to proceed but your ex has not filed anything, you do not have to wait for your ex; you can file yourself at any time.  For background on every subject of property, debt, spousal support, etc., see the materials posted here; you should also consult with a family law specialist.... Read Answer

Dear Anonymous:     Until a divorce is filed, you can dispose of property.  However, by the nature of your question it appears the sale may be viewed as a thinly veiled attempt to  divert marital assets, especially if you intend to keep the truck but just have it under your daughter's name, or you "gift" it to her.     If, however, she pays you fair market value for it then there should be no issue.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A.... Read Answer

Thank you for your question. You are in a predicament for certain.  You’ve invested 5 years of your life into a relationship that is tainted and you still have the stamina to resurrect the trust and love you have in him.  The good news is that he is in therapy and therefore he recognizes his foibles.  As a legal matter, the marriage document does not make you a joint debtor unless you co-sign or otherwise agree to assume those liabilities.  A pre-nuptial agreement is the way to protect assets for sure.  If you have significant assets you should get a family lawyer to prepare such a document prior to your marriage.  If not, be sure to maintain separate bank accounts and DO NOT co-sign any loans and/or assume any debts he has already incurred.  Ultimately should he default in any payments, the creditor will pursue his assets including wage garnishments and bank levies.  But it cannot and will not seek payment from you.  So remember to keep a separate checking and savings.  I sincerely hope your marriage will be a success otherwise.  Just so you know every married couple has issues and debt.  You are not alone but at least your husband to be is seeking therapy.  Be sure you are included in that!  Best wishes.  ... Read Answer

Your question cannot be answered in this forum without more information.  For example, where did the two of you last live together as husband and wife?  Have you ever lived in SC?  If so, did you live there while you were married?  Has your husband ever lived in Virginia? If so, did he live in Virginia during the marriage? Did he file in SC?  If spousal support is in dispute, the court must have personal jurisdiction to award spousal support. As to who will receive support, that will depend on a number of statutory factors, including need and the ability of a spouse to pay.   I suggest that you meet with a lawyer to discuss this matter in greater detail. Lawyers charge by the hour, therefore, you should discuss fees and expenses upfront to avoid any misunderstanding regarding fees.  Best of luck~... Read Answer

Dear Anonymous:     You will  have to check with the requirements of Trinidad and Tobago.   In the United States, typically it does not matter where one married, but it does matter where one is living at thte time of the filing of the divorce.  Some states, and probably countries, have a residency requirement where a person must live in that jurisdiction for a certain period of time before filing. For example, in Florida you must live in the state 6 months before filing a divorce petition.    Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A.  ... Read Answer

Thank you for your question. In general, it's a good idea to think twice before volunteering to move out of the marital home, unless abuse or some other extenuating factor is present. Being in the home means that you can ensure that your home remains in good shape and market-ready should you decide to sell as part of the divorce. It can also save you money over paying rent. However, when living apart is best, you will want to get all agreements about the house in writing. What is best for you will depend on the individual factors on your situation. I encourage you to schedule a free consultations with a family law attorney to understand your rights and options. I hope this information is helpful to you. ... Read Answer

Many divorce attorneys are not familar with real estate law. I practice both. I often have clients that have issues with real property that was not properly dealt with during the divorce. If your divorce attorney did not draft the proper real estate documents or make your divorce decree a muniment of title, then you will need to seek out a real estate attorney.... Read Answer