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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 17531
Experience:  B.A.; M.B.A.; J.D.
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My husband and I sparated after 30 years of marriage in jan

Customer Question

My husband and I sparated after 30 years of marriage in jan 2015. he moved to an apartment but had a girlfriend-I can prove this. He's a stoner which I can also prove. I've paid all our bills for the past 20 years except for the cell phone bill and health insurance which he started paying 3 years ago when he finally got a job (he's a musician). Our house's mortgage is in my name but his name is ***** ***** deed. the only other assets we have are our pensions. Mine is more than his due to a 401K that I have. I've paid my twins' rent while they were in college for 4 years and paid my sons tuition without Parent loans for his last year and a half of school. We owe about $40,000 in Parent loans still. He graciously wants to give me our house that I've made every single mortgage payment on (and can prove), all the bills, and he keeps his pension and I keep mine. I strongly feel I'm entitled to 1/2 his pension also and I'm willing to keep our bills. he's the one who left and had a girlfriend. I really can't afford to hire an attorney-i've called 5 different ones and been told their retainer fees are $10,000-$15,000 paid up front. I have a good income but, with all the bills, I have no savings and no extra money for lawyers. I think my husband is well aware of this. He moved in with his girlfriend in Feb. and filed for divorce pro se. He wants the court to decide on our home and our pensions--funny, he didn't mention anything about our bills! Do I have a chance of being awarded my house and also 1/2 his pension if I'm willing to keep our bills? Also, is he responsible for 1/2 our household bills since he mmoved out and for past years and for the kids' rent and educational expenses that I've already paid? Also, if I don't agree with his terms, what am I asupposed to do prior to our court date in may? Can I go to the court and say I disagree? Any help you can offer would be GREATLY appreciated. Thank You.
Submitted: 9 months ago.
Category: Family Law
Expert:  Phillips Esq. replied 9 months ago.

Do I have a chance of being awarded my house and also 1/2 his pension if I'm willing to keep our bills?

Response 1: Yes, if you can show that you have taken care of these bills and/or also pay for education expenses.

Also, is he responsible for 1/2 our household bills since he mmoved out and for past years and for the kids' rent and educational expenses that I've already paid?

Response 2: Yes. Eventhough he moved out that does not absolve of him of his responsibilities.

Also, if I don't agree with his terms, what am I asupposed to do prior to our court date in may?

Response 3: You just let him know and the Court would decide the issue. However, if he stated the items on his complaint, you must file a response to it, and also state what you want in the divorce.

Can I go to the court and say I disagree? Any help you can offer would be GREATLY appreciated. Thank You.

Response 4: If he has filed a complaint for divorce and stated the items that he wants, then you should file a response to that and state the items that you want. You can obtain answer form at the Courthouse in the Clerk's office.

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