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I am filing from my wife. We have been in a committed

My name is ***** ***** I am filing for divorce from my wife. We have been in a committed same-sex relationship for 25 years. We have been in a California registered domestic partnership since January 2003 and legally married in California since June 27, 2008. I'm selling our home on a short sale and I won't be getting any money from the sale as it is all going to the lender. I've contributed to an IRA since 1988. I want to know how much of the retirement I am legally obligated to give her and if I'm obligated to give her spousal support. Thank you

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Lucy, Esq.

Juris Doctor

 
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I 't know why my responses are not showing up. I may take

For Doug ***I don't know why my responses are not showing up. I may take you up on the phone call but not this weekend when my husband is home. The biggest issue that my daughter and I are facing is the verbal abuse that we are subjected to on behalf of my husband. On top of that, he refuses to get a job. Just for the record, he has a doctorate in electrical engineering, has founded a start-up company, has a real estate license, has worked in corporate America as a middle-level manager in program management for 20 years and is a graphic designer, commercial photographer and videographer, but he won't get a job because he says that he is 62 years old and shouldn't have to work, so I am basically supporting the family. We are in the middle of a refinance, so I don't want to disrupt anything until that goes through before I file for divorce. Since I am pretty much of the breadwinner around here, I was told that I would have to pay my husband spousal support instead of the other way around and he is not disabled in any way. Is that true? I don't have a problem with child support, since I already pay most of my daughter's bills. The verbal abuse and severe negativity around here really has to stop, so is there any way that we can kick my husband out of the house? Also, if my husband does move out of the house and moves in with his mistress, will I still have to pay him spousal support?

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LawTalk

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Juris Doctor

 
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Continuing from previous question: separated 10 years, filed

Continuing from previous question: separated 10 years, filed for divorce 10 years ago but petition lapsed after 3 years. Since I have been providing support for the past 10 years already (family support, intended to include both spousal and child support) - if we obtain a divorce after our youngest child turns 18 or leaves HS, under what circumstances would spousal support be ordered and potentially for how long?

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LawTalk

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Juris Doctor

 
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I am in a dilemma. My daughter and I both know that my

I am in a dilemma. My daughter and I both know that my husband is having an affair with a fiend of ours. He refuses to work, so I am making most of the income around here. Even when he says that he is going out to meet with clients, we know that he is with his mistress. However, the problem has gotten worse in that he has become verbally abusive to both of us and he finds fault with just about everything that we do or say. Mind you that I pay most of the bills around here, including the mortgage. We would like to kick him out of the house but don't know how. Any advice?

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LawTalk

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Juris Doctor

 
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I was married in 1982 at a church. Apparently the church

I was married in 1982 at a church. Apparently the church did. Or file the record of our marriage with the county . I am trying to get a copy of my marriage license but there is no record. I contacted the church by email and am awaiting their reply. I have never remarried and now I can't seem to get a copy of the marriage license to get survivor benefits. I paid taxes and was considered my husbands spouse and now I need to know how to rectify this. I even have pictures of my wedding. What do I do . Elisabeth Cone

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Ely

Counselor at Law

Juris Doctor

 
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I had asked this question from another attorney on here. He

I had asked this question from another attorney on here. He advised me how to add a cohabitation clause to the alimony I will be paying. I got the majority of my text from CompleteCase.com. Here is the edit I plan to make. If you could advise if this looks good, I would appreciate it.Please review my edits and I have a 1 more question at the bottom. Thanks again.The paragraph comes back like this form CompleteCase.com:The Husband agrees to pay Wife for his/her maintenance, each and every month beginning 05/12/2015, the sum of $2300 per month. Husband's obligation to pay maintenance in said amounts shall continue until 05/12/2037. Husband's obligation to pay maintenance in said amounts shall survive the Husband's death as a claim againts his/her estate to the extent that this obligation is not funded by insurance on the Husband's life. Pursuant to Laws of 1973, First Extraordinary Session, Chapter 157, Section 7(7), the terms of maintenance set forth in this agreement may not be modified in any manner without the written consent of both parties. In no event shall any court have jurisdiction to modify the maintenance provision. The parties enter into this Agreement with the understanding that the maintenance shall be included in the gross income pursuant to Section 71(a) of the Internal Revenue Code and deductible to the Husband pursuant to Section 215 of the Internal Revenue Code.My proposed revision:The Husband agrees to pay Wife for his/her maintenance, each and every month beginning 05/12/2015, the sum of $2300 per month. Husband's obligation to pay maintenance in said amounts shall continue until 1) the Wife enters a mutually supportive, intimate personal relationship with another person that includes cohabitation for a period of 6 months or longer. OR 2) the end date of 05/12/2037. Husband's obligation to pay maintenance in said amounts shall survive the Husband's death as a claim against his/her estate to the extent that this obligation is not funded by insurance on the Husband's life. Pursuant to Laws of 1973, First Extraordinary Session, Chapter 157, Section 7(7), the terms of maintenance set forth in this agreement may not be modified in any manner without the written consent of both parties. In no event shall any court have jurisdiction to modify the maintenance provision. The parties enter into this Agreement with the understanding that the maintenance shall be included in the gross income pursuant to Section 71(a) of the Internal Revenue Code and deductible to the Husband pursuant to Section 215 of the Internal Revenue Code.The line that says:In no event shall any court have jurisdiction to modify the maintenance provision.What happens if I lose my job and I cannot find comparable salary? Will this prevent me from adjusting the alimony later in court? Thanks.

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Lucy, Esq.

Juris Doctor

 
29,180 satisfied customers
My husband has left our home. I believe he will establish

My husband has left our home. I believe he will establish himself in his home state. The state we currently live in requires 1 year seperation before I can file divorce. He will agree to a settlement uncontested, as we have had that conversation. ..and the division line of who gets what...clear. no children, no debt. What can I do now to make this settlement simpler when the time comes. Is there any paperwork he can sign now, if I can get to him? If he isn't around and has left the state already, how do I serve him divorce papers in a year? Also, I may be moving to CA. I believe I would have to establish residency there for one year before I could begin divorce proceedings? If I move to PA...which is where he will be, can I get divorced sooner? I think there law is 6 months. Thank uou

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LegalGems

Juris Doctorate

 
12,212 satisfied customers
I am currently trying to refinance my home. I am divorced

I am currently trying to refinance my home. I am divorced and reside in the marital residence which has both my mine and my ex-husband's names on the title and mortgage. He is essentially refusing to allow me to refinance the home saying that I must buy out his interest first.The property settlement is phrased as such:"Brian (ex) shall execute a Quit Claim Deed quit claiming all of his right, title and interest in and to the marital residence to Kimberle (me). Kimberle's attorney shall old the quit claim deed as escrowee to be recorded upon Kimberle's satisfaction of all conditions of paragraph 1. Kimberle shall be responsible (on a pro-rata basis) from date of entry of the Judgment herein, to pay the primary monthly mortgage payment and utilities for so long as she resides in the marital residence. In the event Kimberle remains in the marital residence until (June 2019) and is not cohabitating in that residence with an unrelated male on a conjugal basis, and prior to that date has not been more than thirty days late on her payments, except this shall not apply if Brian has not been current in all his child support payment obligations and all other obligations to Kimberle, she shall retain the residence and all of the equity therin."the next paragraph states:2. In any event, Kimberle shall have sole and exclusive possession of the marital residence and so long as Brian's name is ***** ***** existing mortgage, neither party shall cause any further liens or indebtness to be placed on the home and Kimberle shall be responsible for the first mortgage relating to the property, taxes and utilities...."First:Does the statement of "neither party shall cause any further liens or indebtness" prohibit me from refinancing the home?Secondly:Does the statement from paragraph 1 of "except this shall not apply if Brian has not been current in all his child support payment obligations" mean that if he is not or has not been current in those payments, that the prior agreements are off and I am freed of those commitments?He is currently 40 days late on his May child support payment and 10 days late on his June payment. He was this late on two payments earlier this year--Jan/Feb.

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LawTalk

Attorney at Law

Juris Doctor

 
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I have been married years now but the last ten have been

I have been married for 25 years now but the last ten have been awful. He lies, cheats, is addicted to pornography and is emotionally and verbally abusive. I cannot prove the adultery but I know what my eyes have seen. I will have to use a different ground to sue for divorce. Here is my issue. We have owned and operated our own small business for 10 years now. It is the only income I receive. He tells me I get nothing if I leave so how do I protect myself financially so I can leave him and get away from him? Surely I feel entitled to my rights and to what is rightfully mine. By the way, I live in Mississippi.

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LawTalk

Attorney at Law

Juris Doctor

 
31,012 satisfied customers
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