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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 28504
Experience:  29 years in civil, probate, real estate, elder law
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My husband (in US) has a new women now and he wants to divorce.

Customer Question

My husband (in US) has a new women now and he wants to divorce. I served him for 18 years, and now I am in my 50's, living alone in Europe, only from my disability income. I was close to US citizenship, yet I could not apply for it. I was living and working in WA for a few years, but I don't have enough credit for MY OWN SocialSecurity benefits. After 16years in marriage, divorce would put me at a very disadventage situation, besides my disabled health and very small disability income (cca.$200/month in EU.) #1Question: if I could not became US citizen, is it possible for me to get SocialSecurity (pension) under my husband's name? #2Q : if #1Q is yes, and husband does not do anything for helping me, what are my legal rights or possibilities after 16years in marriage? Would be helpful answer if I could see website info about this law (connected to my rights.) I would not want to take out money (alimony) from his pocket, but I need to know my possibilities and laws (in WA) connected to my situation. Thanks for understanding me and the information what you will send me.
Submitted: 4 years ago.
Category: Legal
Expert:  Ray replied 4 years ago.
Thanks for your question/He can divorce you here in US as he is a resident.You would have rights to spousal support(alimony) and should ask for it.You are really goign to need US lawyer here to protect your rights to alimony.You would only have potential rights to social security if he deceases.so spousal supprot for you is critical and I would seek such support thorugh your lawyer.
Expert:  Ray replied 4 years ago.

Washington State Lawyer Referral Services

The lawyer referral services listed are for the general public - there are no financial eligibility requirements. The lawyers charge their regular fees for services after the initial consultation. These are not low-cost or reduced fee attorney panels. People seeking low cost or free legal services should contact CLEAR at 1-888-201-1014.

Most programs will refer to surrounding counties.

Clark County
Southwest Washington Lawyer Referral Service(NNN) NNN-NNNNbr />
King County
King County Lawyer Referral Service(NNN) NNN-NNNNbr />
Kitsap County
Kitsap County Lawyer Referral Service(NNN) NNN-NNNNbr />
Lewis County
Lewis County Lawyer Referral Program(NNN) NNN-NNNNbr />
Pierce County
Tacoma-Pierce County Bar Lawyer Referral(NNN) NNN-NNNNbr />
Snohomish County
Snohomish County Bar Referral Service(NNN) NNN-NNNN/p>

Spokane County
Spokane County Bar Association
http://www.spokanebar.org/
Click on "Online Lawyer Referral Service"

Customer: replied 4 years ago.
Thanks, XXXXX XXXXX you send me concrete web-address(es) -even later if you can't right now- for detailing the rights in my case? Besides alimony (what I did not want to ask), I do not have any other right, like SS pension via my husband's credit (when I will be at age 62 or 65?)
How do you mean: " You would only have potential rights to social security if he deceases." Practically why is "potential"?= If he wants, the new women would get SS after him, then I would not have any right to apply for SS? So, if a man had two spouse, only one can have Social Security benefit? Can I, myself, file or apply for my SS interest or it's totally up to him?
Yes, he is resident in WA., so he could file divorce there. But not need my presence in the court??
And what can I do, if I can not afford to pay a lawyer to protect my right? The phone# (CLEAR) what you sent, for what type of service is good? Thank you very much if you could complete,answer my questions, sooner or later, and help me to understand the situation what I fall ito.
Expert:  Ray replied 4 years ago.
Sure here is site for social security and what you are enttiled to..

http://www.ssa.gov/retire2/yourdivspouse.htm

Potenitl--you have to apply hereuntil then it is potential..
Expert:  Ray replied 4 years ago.
Spousal Support in Washington State.
Spousal maintenance may be awarded where there is need on the part of one spouse and ability to pay by the other.

Once called "alimony," spousal support is now referred to as "maintenance." It will not be awarded or withheld as punishment for marital misconduct. The duration and amount depend upon the facts and circumstances of each case.

In determining the need for maintenance, and the appropriate duration and amount, the court will consider:
  • financial resources of each party;
  • work experience and earning prospects of each spouse, including consideration for the time required for one spouse to obtain training for becoming employed or self-supporting;
  • age and physical and emotional conditions of each party;
  • the duration of the marriage;
  • the standard of living established during the marriage.
Property division in Washington State.
There is no fixed method for determining how property should be divided. In Washington, all assets — real and personal, tangible and intangible — are available for distribution. As a community-property state, Washington laws provide for "just and equitable" division of property acquired during a marriage; it does not necessarily require an equal division. Under some circumstances, the court may also apportion separate (or individual) property.

If the husband and wife negotiate an agreement, the court will probably approve it. If no settlement is reached, the court will decide how to divide the property. Property settlement agreements are binding and generally cannot be modified.

Property division is generally made without regard to marital misconduct; instead, a court considers:
  • nature and extent of community property;
  • nature and extent of separate property;
  • how long the parties were married;
  • financial position of each party: whether each spouse is employed and self-supporting; entitlements to social security and profit-sharing plans;
  • who is going to pay the bills; and
  • special circumstances.
A special provision of Washington law requires the court to consider whether a parent should be allowed to continue living in the family home so the children do not have to be moved.

Dividing up bills and debts.
All liabilities must also be divided when dissolving a marriage. Consideration is given to the type of debt and the circumstances under which it arose. Factors influencing the property division are also applied when dividing obligations.

Most credit and charge account agreements provide for joint liability for any charges added to joint accounts. Therefore, creditors should be instructed (in writing) to remove your name from or, alternatively, close all joint accounts. If you wish to maintain credit with certain creditors, separate accounts should be opened.
Customer: replied 4 years ago.
Thanks what you sent, I am too tired to read it now (it is morning 5 o'clock here and I was up all night). I would like to continue at another time, if it's possible. How much the time-frame for it? What is acceptable for you, Mr. Ray? I can not concentrate already. Thanks for your understanding and help so far.
Expert:  Ray replied 4 years ago.
No problem ..
Customer: replied 4 years ago.
Then I try to continue here ASAP. Maximum Tuesday probably I will get help to understand what I could not now. See you soon, God bless.
Expert:  Ray replied 4 years ago.
Take care see you then.
Customer: replied 3 years ago.
Excuse me that I was not able to reply so far.
Divorce trial will be soon. I really need finalcial help to the everyday life. I did not ask that my exhusband should pay maintanence for me, because he wouldn't pay anything (maybe he has no job), but I'd like to know : if a man has not only one wife, each of them is eligiable for Social Security after him? What type of benefit I would have after 18years in marriage with him? And if he does not want to help me to get some benefit if I have from Social Security, then what can I do for my interest? Can I get some benefit after his name and credits if he is not willing to do anything for me (to file or fill out some papers)? If he will marry the new woman, then I will be automaticly closed out from any benefit? Please, give me answer for all my questions because these are connected, and I cannot afford to pay more in my very low income. Thanks for understanding and answer me ASAP.
Customer: replied 3 years ago.
If you know general info for my questions, please answer me ASAP.That would be a big help for me, if you could send me link, web-address, where I could look after more info in this situation : I really need financial help to maintain my life, but I cannot count my exhusband's help. Not just from his own pocket he doesn't want to help me, but he would not do one step for me if he need to file for my benefits. So, what can I do for my own interest, if I am living in Europe and I have SS number but not citizenship? What type of financial help I would have after serving him in marriage for 18years? And if he will have another wife but I was the first one? Please, help me to clear out this situation. ThankYou.
Customer: replied 3 years ago.
If you know general info for my questions, please answer me ASAP.That would be a big help for me, if you could send me link, web-address, where I could look after more info in this situation : I really need financial help to maintain my life, but I cannot count on my exhusband's help. Not just from his own pocket he doesn't want to help me, but he would not do one step for me if he need to file for my benefits. So, what can I do for my own interest, if I am living in Europe and I have SS number but not citizenship? What type of financial help I would have after serving him in marriage for 18years? And if he will have another wife but I was the first one? Please, help me to clear out this situation. ThankYou.
Expert:  Ray replied 3 years ago.
I am going to leave this for other experts.You were not charged.Good luck
Expert:  Ray replied 3 years ago.
Here is social security web site.You are likely eligible to apply for social security since you were married more than 10 years.If you are of age here you can apply for benefits.Good luck with divorce and getting your social security.

http://www.ssa.gov/gethelp/gethelp1.htm

Edited by RayAnswers on 2/14/2011 at 12:19 PM EST

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