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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 12750
Experience:  Licensed experienced Attorney
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I had open heart surgery. Five weeks later, I was sleeping

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I had open heart surgery. Five weeks later, I was sleeping upstairs due to the surgery and heard my husband coming in the downstairs door making a lot of noise, drunk. I went down and found him naked in bed with another woman and she fought and pulled on the blankets ... she was very aware of the surgery. We had no actual physical contact. I kicked him out immediately. We did our own divorce, which will be final on Dec 6. (today being November 18). He gets the 4 bedroom house..which is upside down, anyway. His gross salary is 6000/month and take home is $1800 every two weeks. House payment is slightly over 1100. I get $815 a month in disability, as I have had kidney failure and did just have a valve replaced, finally. He is giving me $542 a month alimony and I get all of his 401k, which is around 40,000...but was worded on the contract as 'full amount in 401k on day of the divorce'. I consulted one lawyer early on and she was ready to go on full attack. I say no...I am not like that plus he will have my teenage daughter in order to stay in the school system. He told me last night he went out on a date last weekend and I was once again devastated, angry, and now scared that maybe I don't know him and will end up totally screwed in the divorce. Should I consult a lawyer, just to review our wording...or go further? He says he will just quit his job and travel around on his motorcycle if I try for too much...btw 22 year marriage in Missouri.
Submitted: 8 months ago.
Category: Family Law
Expert:  Alex J. Esq. replied 8 months ago.
Hello. My name is XXXXX XXXXX X will be happy to answer your question.

I am very sorry to hear about this unfortunate situation.

Given the situation with your divorce involves a minor child and some marital assets, as well as, a husband who is making significantly more than you do and you might be entitled to a lifetime permanent alimony based on your disability and the length of marriage, it would make an absolute sense for you to consult with an experienced local divorce attorney and to have this local divorce attorney review your proposed marital settlement agreement and also to review your entire situation and to provide you with a legal advice and guidance in your divorce process.

You can find an experienced local divorce attorney by using this well trusted and reliable attorney information / referral websites:

www.martindale.com

www.lexmundi.com

www.lawyers.com

www.justia.com


I wish you the best of luck and please let me know if you have any related follow up questions.

Customer: replied 8 months ago.

would i have any possible recourse agqinst the woman in the bed, considering she was aware of my health situation and pulled back very hard against me with the blanket and refused to leave my bedroom until i did?

Expert:  Alex J. Esq. replied 8 months ago.
Dear Sherri,

Thank you for your follow up.

Were you actually assaulted or battered by this woman and suffered any injury?

Was the incident reported to the police?
Customer: replied 8 months ago.

Pulled muscle in my shoulder and I believe delayed healing from surgery, but I have no way to prove that. No, I did not contact the police.


Regarding your previous answer, we left the alimony time frame open ended. Does that mean there is a chance that he will or could be given a set time period to period to pay and then I am left without the portion of my income? It all looked reasonable at the time we filed. He is also now insisting that I give him all of the income tax refund, if there is one. He claims that since I got his 401k, it is only fair. Also, do I have to be prepared to leave the house the day of the divorce? The home I am moving into might not be available for another few weeks.

Expert:  Alex J. Esq. replied 8 months ago.
Dear Sherri,

Thank you for your followed.

Based on very limited facts that you have stated in your question, it is very possible that the divorce settlement agreement that you have filed might be legally faulty and one sided and your legal interests and rights might not be protected by it and that is why it is important for you to get this agreement reviewed by an experienced local divorce attorney as soon as possible.

I cannot comment on whether you have to vacate from the current marital home right away, as that would be something that would have to be specified in the terms of your marital settlement agreement and the agreement would control that aspect of the situation upon divorce.

I wish you the best of luck.

Please click on the "Excellent Service" feedback, so I can receive credit for my answer.

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Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 12750
Experience: Licensed experienced Attorney
Alex J. Esq. and 3 other Family Law Specialists are ready to help you

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