Divorce Legal Questions

You need to have a consultation with a divorce law specialist to review your respective asset structure and your anticipated income settings moving forward. It would be unfortunate for you to presume to know what your income setting will look like in retirement, only to find out that your understanding was wrong. ... Read More

Thank you for your question. I am sorry to hear you are going through this stressful time. In a situation like the one you describe the amount of alimony you will have to pay is based on several factors. What is the income of each party? What was the standard of living during the marriage? Is either party underemployed or deliberately unemployed? Is either party living beyond their means? What is the payor’s ability to pay? All of these aspects, and more, can have a bearing on giving you a definitive answer. To help you understand your rights and options, I strongly urge you to schedule an attorney consultation.... Read More

The usual remedy to enforce a property settlement agreement is through a Petition for Special Relief filed in the court where the divorce decree was entered.  If you can prove noncompliance, the court will likely order compliance within a set time.  If he still fails, you then need to file a Petition for Contempt of that Order.   Most agreements provide that the loser pays attorney fees so you may be reimbursed for your efforts. I trust this answers your questions, and if you live in the Delaware Valley, do not hesitate 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 More

You are in the middle of a divorce, and I presume that you are representing yourself.  A also presume that you and your spouse are no longer living together and despite the fact that he no longer is living in the house with you, he has continued to pay for the expenses of the house but he has not given you money for your auto expenses or for your personal expenses. And, as a result of him not giving you money for those expenses, you have been taking money out of the bank account[s] on a monthly basis to pay for those expenses. And, im going to presume that since the divorce matter has started, he no longer is depositing his paycheck into those accounts and as a result, the account balance has been declining. The real question for the court is when your spouse moved out and began paying for the shelter expenses BUT refused to pay for your auto expenses and your personal expenses, what communications took place between you and him as to how you would pay for those additional costs? Did you tell him that if he didn’t pay for them, you would have no choice but to take the money from the accounts each month to pay for them or did he tell you that you needed to work and that you needed to pay for those expenses yourself?  Regardless of whether I agree or disagree with whatever your spouse told you, what was your response? If he told you to take the money from the account, then the decline in the account balance is simple and was an agreed-upon action. If he told you to get a job and pay for them yourself and your response was that you could not do so and that you planned to take the money from the account for payment purposes, then that is a different setting and the judge will then have to focus on whether you could have gotten a job to assist in the payment of expenses or not and whether your actions were reasonable in taking money from the account.  The next question that a judge will focus on is whether your spouse knew that you were invading the account for payment of your expenses or not. If the account was in joint name and each of you had access to it online (and the account login remained the same), then again, its relevant to the court’s analysis.  Lastly, if there was a significant disparity in your income settings, I am not sure I understand why you didn’t file an application with the court for the court to put in place an interim support obligation upon your spouse. Obviously, if you had done so and he did not comply and you were forced to take the money from the account, then the court could charge the decrease in the account against his share of the account, as opposed to dividing the account otherwise.   ... Read More

You NEED to schedule a consultation with a divorce law specialist - not simply a lawyer that also handles divorce matters to better understand your rights and whether the proposed consent order makes sense for you. I dont know if you are already divorced and in your divorce agreement, you waived your claim to alimony or whether you were supposed to get a larger share of the division of your husband's pension plan as part of a support agreement and without knowing all of those details, its impossible for me or any other family law specialist to offer you guidance. As a general statement, in the division of assets in a divorce ( equitable distribution), the marital poriton of retirement assets are divided and you can start off with the presumption that the marital portion will be divided equally by either a roll over into an IRA account in your name or through a qualified domestic relations order (QDRO). If being divided by QDRO, the proposed form of order will tell the plan admin how to divide the benefits and whether you are entitled to what is called the joint and survivor option as well as the preretriement survivor benefits ( most plans permit both types of options to be elected). It is impossible to say whehter the proposed QDRO presented to you has been done correctly or whether it was done wrong. You need to have a competent family law specialist look at it and look at your agreement, etc to see if the other side is playing it straight with you or not.  Since this is a benefit that may pay you money for the balance of your life, I would find the money to pay for a competent consultation to review the material. ... Read More

I regret I don’t quite understand your question.  Are you saying that you were married in the Philippines, now live in the US, and your wife wants a divorce?  If so, while you can contest a divorce or slow it down, you cannot truly prevent it.   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 More

Unfortunately, I am unable to discern from what was written just what you are asking.  It might do you good to start with the information posted on the Divorce page of our website, here.  You should probably look at the Propety Division, Alimony, and any other pages that you think might be relevant to the issues you are interested in.  Then, it would probably be a good idea to schedule an in-depth consultation with a family law specialist to go over your specific questions and get an analysis of your options.... Read More

Marital property is defined as property acquired from the date of marriage to the date of separation.  If the cars were bought during the marriage, regardless of title, they are part of the marital estate.  If bought prior to marriage, they are all yours. Marital property is divided one of two ways in a divorce, agreement or court order.  If the two of you cannot agree, the court will have to resolve it. 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 More

There are two aspects to your question: First,  who is on the deed to the home?  From your question it seems that it is jointly owned. Second:  If you file for divorce, the court will have to determine how the property will be divided.  If the house is awarded to you in the divorce, then most likely you would have to refinance the mortgage to remove your husband's name from the loan.  I have never seen a lender agree to remove one party's name from a loan without doing a new loan. In the interim, keep paying and you may be able to get a credit in the divisio of assets and debtsd for part of the payments you are making.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. 954-316-3496/561-962-2785... Read More

Beacuse you were divorced in Maryland, even though you are now in Florida, Maryland law would apply.   That said, and not knowing Maryland law, I would guess that whether or not you can modify your alimony depends on the specific language in your agreement.  The best thing to do is have the alimony provision reviewed by a Maryland attorney.   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 More

Generally, the only method to evict a spouse during a divorce is through a Protection From Abuse Order.  However, that would only be issued if you allege and can prove that you are in fear of imminent bodily harm or other similar factors listed in the statute.  You can Petition the court for Special Relief, but the courts will rarely evict someone from the home until the divorce is finalized. Having said the foregoing, you could try the eviction process and force him to file a Petition with the Family Court seeking to stay the eviction. I trust this answers your questions, and if you live in the Delaware Valley, you are welcome 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 More

Your question is a little vague as it is under the topic of Premarital Agreements.  I think we can help you explore your options if we have a little more information.  Do you have a premarital agreement? Are you still married currently? What does "seperate ways" mean?  Please feel free to contact us so that we can be of further assistance. 203.870.6700... Read More

To avoid having your case dismissed, or losing valuable rights, it is probably best to meet with an attorney to learn the rules. A number of people represent themselves in divorce cases but most have consulted with a lawyer so they knew the rules.  If there are significant issues (custody, visitation, support, property division) that need to be resolved, it is probably best to consult with an attorney before attempting to move forward.  Best of luck~... Read More

When property is being divided in a divorce case, the simplest method is to file the divorce complaint, enter into an agreement providing for the refinance, and then the refinance and deed transfer occur simultaneously I trust this answers your questions 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 More

If the first divorce case is still active, which is unusual given the length of time, the complaint can be amended or other steps taken to simply request a no fault divorce.  Each county has their own rules, so the procedure depends on the county. If the case is not active, you can simply file a new case seeking a no fault divorce.  Assets and debts can be divided and an agreement entered into if desired. I trust this answers your questions 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 More

I do not practive divorce law but it is my understanding that, in a divorce there are two issues with a debt: who pays for it and who has possession of the property (car house etc.). Usually if the an item is in one party's name the obligation and possession stay with them. Still, it is possible that a party can be ordered to pay on a debt but not have use of the property. With homes, there is a negotiation of what happens when the property sells, this can be done with cars too. I recommend speaking with your divorce attorney about this.... Read More

File your action immediately, begin resolving all of the financial issues related to the marriage, resolve all issues of custody or visitation, and then you will be positioned as quickly as possible for the court in South Carolina to grant the divorce.  Waiting simply allows problems to grow larger, assets to be lost or wasted, debts to be incurred that you could be liable to pay, and evidence will be lost. Fortune favors the bold.  ... Read More

File a contempt action, sometimes called a Rule to Show Cause.  Unless very valid and compelling arguments are presented that the failure to pay is not intentional he will likely be held in contempt of court.  The court could reimburse you for your attorney fees, place him in jail, and require him to perform public service.  Normally, paying nothing is clear contempt.  If an individual can not pay the full amount but attempts to perform courts will be somewhat temporarily lenient if reasons are valid and not the result of the payor's poor conduct.... Read More

Yes, you do need to know where your spouse is located in order to file against him.  Due process requires that a party be made aware of the potential loss of life liberty or property and the right to marriage and marital property is a property right. 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 More

Thank you for your question and I’m sorry to hear that you’re in this position.  It is a little difficult to completely answer your question without asking some additional questions. Are you currently going through a divorce or are you already divorced? Have you asked the other party for proof of these accounts? Has the other party blatantly advised that they do not have these accounts or did they refuse to disclose this information? You are correct in stating that all financial information and documentation needs to be fully disclosed in a divorce. You are also correct in stating that one spouse is entitled to a portion of the “marital coverture” of the other parties’ retirement account. The marital coverture is the period of time from the date of marriage through the date the Complaint for Divorce was filed (unless another cut-off date has been established). Any retirement accounts that were earned prior to marriage are considered pre-marital and may not be subject to equitable distribution. The party who has the account should provide statements of the account from the date of marriage through the date of Complaint and also as of today’s date. In the event you are divorced and later found out that your spouse was hiding these assets from you, depending on what your Marital Settlement Agreement reads, you may be entitled to these accounts once discovered. You may also be entitled to attorney’s fees for needing to file a Motion with the Court in order to have this enforced – so long as you have this language in your Agreement as well. There are some additional questions that may need to be answered and will definitely be helpful in your situation. To help you understand your rights and options, I strongly urge you to schedule an attorney consultation.... Read More

It is unclear what you mean by "mutual" -- uncontested?  Joint petition?  In either event, unless there is so much equity that it would make a difference for tax reporting (consult your CPA), it makes little difference, if you are inagreement, whethe the house sale is pre- or post-divorce -- just make sure the escrow instructins are crystal clear about who is to get what money.  It might make sense for you to consult a family law specialist to be sure you are doing what you should be doing about that and all other assets.... Read More

If you cannot afford counsel, the local Pro Bono provider is the Legal Aid Center of Southern Nevada, which can be called at 702-386-1070 (or see their information on the web at http://www.lacsn.org/option,com_jcalpro/Itemid,3/extmode,view/extid,15/).  Those that take pro bono cases take them after they have been screened, and assigned, by Legal Aid.  The Reduced Fee Panel sponsored by the State Bar can be reached at 702-382-2200.  Additionally, there are free consultations offered on Thursdays at the self-help center; volunteer attorneys provide 15-minute consultations, for free, on family law questions.  For those that wish to attempt self-representation, forms are available at the Clark County self-help center website, at http://www.familylawselfhelpcenter.org/.... Read More

You can retain a lawyer anywhere in NJ presently since most lawyers are meeting with their clients through Zoom teleconference technology and most courts are still proceeding through zoom for court proceedings as well. But, if you are more comfortable working with a local lawyer, then look for divorce lawyers in your county. If there are any complications to your matter, then your google search should be for "Certified Matrimonial Trial Lawyers by the New Jersey Supreme Court", since only 2% of all lawyers in the state of NJ have met the qualifications for 'certificaiton" by the court system. ... Read More

In Texas, all property is considered community property if it was acquired during the marriage unless it was acquired by gift, devise (granted through a Will) or descent (inherited without a Will). Thus, if the property is purchased while the couple is still married, it will be considered commuinty property even if the couple is separated. However, either party can request that any property be awarded 100% to the party in a divorce proceeding. Also, couples who have been separated for a long time often come to an agreement on how property will be divided. If there is no agreement, the court has a duty to make a just and right division of all community property. When couples are separated for a long time, it is possible to make an argument as to why getting 100% of certain property is just and right. However, it is up to the court to make the ultimate decision on property division if the parties cannot come to an agreement.... Read More