Divorce Legal Questions

Marital property is defined as property acquired from the date of marriage to the date of separation, excluding gifts and inheritance.  That includes any increase in value of assets owned at the date of marriage.  Accordingly, to the extent that his retirement accounts or other assets increased in value or were acquired during the marriage, they are part of the estate and you are entitled to a share of them. I trust this answers your question, but do not hesitate to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com mnahrgang@verizon.net... Read Answer

You may file a divorce case in PA as you have lived here for more than 6 months.  There are 2 types of no fault divorce, consent and separation.  You don’t need his consent as you have been separated for more than one year.  However, he will have to be served with the complaint which an attorney can prepare and file for you.  He also has the opportunity to claim economic relief so that will have to be dealt with if or when that arises. I trust this answers your question, but do not hesitate to call or email with any questions on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com mnahrgang@verizon.net... Read Answer

In Alabama parties to a divorce are typically entitled to an equitable (fair) division of what's been acquired during the marriage. It would be helpful to know how an item was purchased and how it's titled, whether there is a prenuptial agreement, and to some extent the facts surrounding the breakdown of the marriage. All of these things can impact how property is divided in a divorce. As for custody, a judge is charged with awarding custody in a way that will be in the best interest of the children. There are many factors that are important in determining best interest and a judge would look at a variety of circumstances like fitness of either parent, age of children, ability of each parent to co-parent and more. Furthermore, if there are safety or welfare concerns about the children being with one parent those would be important facts to consider as well.  Each divorce is a different as the people involved in it. It's important that you talk with an attorney about your specific facts and case to fully understand your options and how the law may apply to you.... Read Answer

OK what you need is an immigration lawyer. If your lady friend is presently in America, you can legally get married to her in almost any county, provided she has a passport ID. Once your marriage is complete, then you can file the necessary forms and documents in order for her to get a green card. Counsel in any state can represent you, and some of us charge a very affordable flat fee to handle the case from start to finish. My office processes cases all over the world, and I have a lot of experience handling marriage base green cards cases. ... Read Answer

Getting a divorce is your legal right in Michigan. I am not a divorce attorney so I can only make the following suggestions- Marital property is defined by property gained during the course of the marriage that is not subject to a prenuptual agreement. If you don't have a prenup agreement, you should be able to find excellent representation for your matter. Under Michigan law, as part of the division of the assets all attorney fees must be paid. Given the dollars involved, you need a higher end representation. I know several lawyers in SE Michigan but, if you are not there, I would suggest networking through the state bar association's lawyer referral. Best of luck to you.   ... Read Answer

You will most likely want to contact a divorce attorney in your local area (or the area where your wife filed, if different). Your post doesn't give any information as to where you or your divorce action is located, but if you want to contact me to see if I can help you or provide you with a reference, feel free to do so.Lee Jackson (615) 669-3591 lee@leejacksonlaw.com... Read Answer

If a new attorney substitutes in on a case, that new attorney takes the case in whatever status it is in at the time.   That said, the new attorney is free to file amended pleadings to potentially change the issues in the case.  Motions to substitute counsel are routinely granted by the court.... Read Answer

Thank you for your question. Generally speaking, upon divorce a spouse is entitled to half of the “marital coverture” of any retirement plans. This means the income added to the plan from the date of marriage to the date of complaint. Each plan can be a little different in their rules, and pensions are tricky because they are defined benefit plans, not defined contribution plans like 401(k)s. When the tie comes to split any retirement assets, lawyers will consult or engage an actuary. During the negotiation phase of a divorce, parties are allowed to agree that one person gets a larger share of the equity in the home, or some other asset, in exchange for waiving rights to the pension.  You have options, but the best course of action is to consult with an experienced matrimonial attorney, who can advise you based on your unique situation.  ... Read Answer

Yes, alimony is absolutley an available option for divorcing parties in Tennessee. There are various types of alimony, so the type and amount of alimony is factually driven from case to case. Unlike child support, there's no formula for calculating alimony, and it will depend on multiple factors including (but not limited to), the need and ability to pay of the parties, the length of marriage, and even who is at fault for the divorce. Most divorce cases are settled out of court but if the parties cannot reach an agreement, it will be up to a judge to determine if and how much alimony is going to be. To get more information about alimony in your specific case, you should consult with a local divorce attorney. The marital residence in a divorce is typically a part of the parties' marital assets that are to be equitably (not equally) divided between the parties. There are multiple options when it comes to dealing with marital property. Examples include, but are not limited to: the house could be sold and its equity divided between the parties, it could be granted to one party or the other as their equitable division of the marital property, and/or it could represent a portion of alimony awarded to one party. In some situations real property may be considered to be one party's separate asset. Again, this is something that is going to depend on the specific facts of your case, so you should consult with a local divorce attorney to get an analysis of your specific situation.... Read Answer

You need to protect yourself and your interests much better.  You should start by consulting with a divorce attorney as soon as possible.  You should keep an eye on all of your assets. You should be prepared to call the police if this guy is harassing or threatening you.  And you should consider recording your interactions with them in case they are considering a restraining order or somehow framing the situation to make you look like you are violent or attacking them.  I would also advise you not to interact with them as much as possible and avoid any conversation with her lover. Good luck.... Read Answer

Whose name a particular item is held in is not usually relevant to determining how the asset is to be divided in a divorce. With narrow exceptions (premarital property, inheritance, gift to an individual, award in a personal injury lawsuit) the question is whether the asset was obtained during the marriage, which is defined as from the date of marriage to the date of the first filing for divorce. Whether you earned approximately the same amount during the marriage is also generally irrelevant when it comes to a discussion of equitable distribution.... Read Answer

If you entered into an agreement to divide assets, any asset that you retain as your separate property may be used by you at any time for any purpose. I trust this has been helpful, but feel free to call or email on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

If you are going through a divorce and your spouse is / has sold off assets of the marriage without your consent, you need to consider filing an application with the court for sanctions against him / her. As part of your application, if you beleive that he did so, to try and prevent you from sharing in it or with the plan to re-acquire it at a later date, you need to present all of your proofs now so that a judge can address it and potentially hold your spouse accountable for its value, etc in the divorce or to compel its return.... Read Answer

I am so sorry you find yourself in this position. Are there any children in the relationship?  Do you own property together? Do either of you or both of you work?  Was there any kind of prenup agreement?  My office may be able to assist you but we need more details. Please contact us at 203.870.6700... Read Answer

Although I initially read your question to mean charge him criminally, I now surmise that you mean civilly.   If you are asking if you can include the damage in the divorce case, most certainly.  However, I trust you have submitted the claim to your insurance carrier. I trust this answers your question, and if you reside in the Delaware Valley, feel free to call or email on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

Divorce law is unconcerned with citizenship.  The only factor necessary to obtain a divorce in Pennsylvania is that the parties actually be married.  Some counties require a copy of the marriage certificate, while others do not.  A no fault divorce can be obtained on one of 2 grounds, separation of at least one year, or consent after 90 days following filing and service of the complaint. I trust this answers your questions, and, if you live in the Delaware Valley, feel free to call or email on a free initial basis.    Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

You should contact your county’s Domestic Relations Office about filing for spousal support.  While the courts generally don’t get involved in dividing an intact household, if you can prove that he is not paying necessaries, he can be ordered to pay you money until you are divorced. I trust this answers your question, and, if you live in the Delaware Valley, feel free to call or email me on a free initial basis.    Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

The history sounds a bit convoluted and needs to be fully fleshed out to really figure out who has what coming from this house, as there are transactions regarding it that are both pre-marital and marital, and more than one legal test may apply to the contributions, and the deeds.  For legal background see the Property Division page of our website, here, and the information and articles posted on our Cohabitation and Palimony page, here, and a newletter article on property transfers between unmarried persons, here, if you have not already done so.  For a detailed analysis of this particular situation, you will need a detailed consultation with a family law specialist well versed in this subject.       ... Read Answer

Regrettably, your question has typos and is unclear.  However, I will attempt to address the general inquiry. When parties seek to divorce, there are only 3 ways to obtain a no fault divorce: 1) failure to respond and a divorce is granted based on separation with no property divided 2) by an Order following equitable distribution in which the court divides marital assets and enters a divorce decree  3) by agreement.  I don’t know what stage of the proceedings the matter is at nor which of the three are or were pursued. I trust this answers your questions, and, if you live in the Delaware Valley, feel free to call or email on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

There is nothing stopping you from seeking a divorce other than the ability to hire an attorney and/or pay the filing fees. You ought to seek help from an family/divorce attorney. If you successfully petitioned him, then his deportation likely ended your responsibility for him based upon form I-864.  He can be served at his last known address whether in the U.S. or outside the U.S.  If that does not work, then likely by publication, but you must speak with an attorney licensed in Texas to seek legal advice for that matter.  Good luck. The above is general information, not legal advice, and does not create an attorney client relationship.... Read Answer