QUESTION
What am I entitled if I have been married for 25 years and now my husband wants a divorce?
Asked on Jan 19th, 2013 on Divorce - Arizona
More details to this question:
He will retire in 15 months. We own a home and have one adult child (21 still in school). He stated that if I even try to get any of his pension or house he would be sure to find a way to kill me and make it look like an accident. He is a police officer and owns several guns. I am not sure what to do or what I should do. I do work and make approximately $45,000 per year and he makes approximately $85,000 per year.
11 ANSWERS
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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You are entitled to half of marital property, including pension and house, and alimony.
Answered on Jan 23rd, 2013 at 2:32 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Hire an attorney. You are entitled to half his pension and half the house. If he threatens you again file for a restraining order though that can interfere with his job. You would probably get spousal support also. Child is too old for spousal support. Police officers are often bullies you need an attorney to protect your rights.
Answered on Jan 23rd, 2013 at 2:32 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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You are entitled to property and possible spousal support. His pension and equity from the home are also part of the settlement. Hire an attorney to represent you in the divorce and also obtain a personal protection order.
Answered on Jan 23rd, 2013 at 2:30 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You need to get an attorney right away. I would imagine that your attorney will seed to get a temporary order keeping your husband away from you because of the threats to your life. I think that you should also go to the State Police and tell them what he said to you. He is committing a crime and he needs to understand that.
Answered on Jan 23rd, 2013 at 2:28 PM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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It would probably be best to do a consult with a divorce attorney and consider your options. You are entitled to a portion of his pension that was accrued during the marriage as well as other assets including equity in a home. The law is clear on that, unless you decide to waive interest in the assets. Regarding your safety, you may want to consider an order of protection. Given that he is a law enforcement officer, it would be important to know your options and consider the strategy carefully.
Answered on Jan 23rd, 2013 at 2:28 PM
You should make a plan to get to a place of safety and then you can pursue your half of the property and as well as support to which you are entitled. You should consult with the local domestic violence organization for assistance in making a plan to leave and then consult an attorney about restraining orders and asserting your property rights.
Answered on Jan 23rd, 2013 at 2:26 PM
you are entitled to one-half of everything acquired during marriage except things acquired by inheritance or gift. You are absolutely entitled to one-half of his retirement pay and you need to file papers before he retires to protect your interests. If he has threatened to kill you, immediately apply for a restraining order. Most important, immediately make an appointment with an experienced family law attorney in your county who can advise you and help protect you and your rights.
Answered on Jan 23rd, 2013 at 2:24 PM
Mortgage Foreclosure Defense Attorney serving Deerfield Beach, FL
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The Ticktin Law Group
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First, if you have any concerns and he threatens you please seek legal counsel for a possible restraining order. Do not take those types of threats lightly. If you have been a resident for 6 months either person can seek a divorce. Anything that was accumulated during the marriage, whether an asset of a debt is considered marital property. This includes the increase in value in his pension, retirement accounts, homes, etc. Your best bet is to speak with an attorney about the specifics of your case so that you can properly protect yourself and be represented so that he cannot simply bullying you into giving away what is rightfully yours.
Answered on Jan 23rd, 2013 at 2:23 PM
Everything accumulated during the marriage is marital property, with few exceptions. You would be entitled to half his retirement for the years you were together. You also may be entitled to alimony, possible payment of your attorney's fees and an equitable distribution of all property and debts. You would also be entitled to half any equity in the home if it is marital. For your exact rights regarding a divorce you should make an appointment with an attorney who does family law.
Answered on Jan 23rd, 2013 at 2:23 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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File for a restraining order immediately. You are entitled to half the marital assets which includes his pension and the house. You are likely to receive some maintenance given the disparity in income.
Answered on Jan 23rd, 2013 at 2:19 PM
Generally speaking, each party is entitled to half of all assets and debts that accumulated during the marriage (including the house and his pension). If you believe his threats are credible, you can consider asking the court to issue an Order of Protection that removes him from them home and prevents him from having contact with you. The order can also require him to surrender his firearms, which could affect his employment, so you will need to take that into consideration. Because your child is over 18 and has graduated high school, he is considered emancipated and therefore there will be no orders entered regarding him (even though he is still attending school). I recommend you consult with an attorney to discuss this matter in greater detail.
Answered on Jan 23rd, 2013 at 2:15 PM