1. doesn't a disability count for anything for division of property?
- When dividing assets, the initial presumption is that the property will be equally divided. That does not necessarily mean that each spouse will get half of each asset. Rather, it means that each party will presumptively walk away with half of the total. For example, a married couple may have $100,000 in assets. $50,000 might be equity in the marital home while the other $50,000 might be a couple cars, stocks, bonds and savings accounts. In that scenario, one spouse might get just the house while the other spouse gets the cars, stocks, bonds and savings accounts. With all that stated, the distribution can take other factors into consideration for something other than an equal distribution.
2. In march of 2011, 2 months before her filing we had 50-70 thousand in cash savings and the day before our divorce I was told she had no money and a 26 thousand dollar credit card debt in both our names (what the hell?). How do I audit where all this happend? Do I ask the judge? My attorney will not and has not addressed the issue even though it has been my main complaint.
- You need to ensure that this is addressed in the divorce action. You have the right to obtain whatever financial documents you believe are appropriate. This could include savings account statements, checking account statements, paystubs, tax returns, etcetera. Through all the financial disclosure, you should be able to ascertain the value of the marital estate and if anything was fraudulently removed.
3. My wife did write me 3 checks totall of 19,500 in March of 2011 as a threat but they bounced once she left and moved the money. Do I sue in civil court as seemingly the norm or do I ask the judge to make good but he may take my wifes position as he has twice so far? We have one more court date to settle community property even though the divorce has been done.
- No, you should not wait to do something in "civil court", you should address this now. If you wait, any subsequent action would be subject to a motion to dismiss as these issues are presumed to be fully addressed in the divorce.
4. Is 500 a month too much for alimony from my wife
- Based on the income of $47,500, in my opinion, $500 a month in alimony is not too much to expect. Having said that, alimony is hugely subject to judicial discretion. The unfortunate result of this is that it is hard to predict what a judge might do.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.