Family Law Questions? Ask a Family Lawyer Online.
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.
What is the range? I am currently/have been totally dependant on my wife for support since 2004 from illness & injury that is a slow terminal process.
Being male do I get different treatment than if I was female (realistically, not in theory)?
Thank you for answering the check questions. Why would my attorney (we parted ways and I am on my own for my last hearing, scared i'll screw up). I must have asked him 7-8 times about this and he said the checks were too late, past 60-90 days, for any thing to do. Subsequent each time I asked he said I gave you my legal opinion or mostly acted as if I did not ask moving to another issue.
This last thing usually worked as I have cognitive dysfunction do to degenerative nerve disease (Lyme disease genesis).
Had I known you answered this question I would give you way more than positive feedback. I've tried tens of people to way in on what seems to be my most important of questions of entire divorce!
Thanks again so much
Range - Really tough to say, you could take this to ten different judges and get ten different results. As to my speculation, I would suggest that $300 is the low end while about $1,200 would be the high end.
Different treatment - This depends hugely on your specific judge. As you alluded to, this should be irrelevant. However, some judges are, shall we say, old-fashioned. As such, they tend to think that the men should be out making the money while the female should be at home. So, unfortunately, there are judges out there that treat men differently.
The checks - Please understand that I was not suggesting a criminal prosecution or anything of that nature, I was merely referring to an equitable distribution of the marital estate. As to that, I don't know why your attorney would be unwilling to pursue this issue. In his defense, he certainly should know the facts of your case much better than I ever could.
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