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Recent Equitable Distribution questions

Hcw can I protect my retirement account when divorcing? I

Hcw can I protect my retirement account when divorcing? I have worked the same job full time for 18 years and contributed faithfully. I have also been responsible for paying all medical, dental and vision insurances and paid for a FSA each year to cover office visit co-pays and rx's.JA: Because family law varies from place to place, can you tell me what state this is in?Customer: KYJA: Have you talked to a lawyer yet?Customer: I have talked to one on the phone, but I haven't gone in for an appointment yet.JA: Anything else you want the lawyer to know before I connect you?Customer: Just this is a 26 year marriage, and I have had the bulk of the financial responsibility. My husband did not want any deductions from his paychecks. It was his choice. I would also like to know if there will be a charge for these questions. Thank you

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Gerald-Esquire

Juris Doctor

7,596 satisfied customers
Can a separation agreement call for both temporary alimony

Can a separation agreement call for both temporary alimony and then a division of a pension upon finalization using ;a QDRO. I have read in New York City you cannot make a claim for alimony and the pension (it is one or another). If I get temporary alimony can I still get my share of the pension with a QDRO prior to finalization of our divorce?Right now I do not want to go after the pension because by remaining legally separated and receiving alimony (he will receive a tax break) there is no such tax relief if I receive a monthly pension payment. However, I do not want to give up my rights to the pension. Will asking for temporary alimony interfere with my right to have a QDRO approved by a judge?Please feel free to contact me if you have any other questions.

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RayAnswers

Lawyer

Doctoral Degree

45,158 satisfied customers
Can a divorce decree be appealed if the divorce was settled

Can a divorce decree be appealed if the divorce was settled via stipulation and not by trial? Would the stipulation agreement first have to be found to be invalid?

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Lucy, Esq.

Juris Doctor

34,488 satisfied customers
If I live in Missouri and my husband lives in South Dakota

If I live in Missouri and my husband lives in South Dakota what are the divorce laws pertaining to personal property

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Phillips Esq.

Attorney

Juris Doctor

22,658 satisfied customers
What impact would the discovery of my adultery have on my

What impact would the discovery of my adultery have on my divorce and child custody proceedings?

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Phillips Esq.

Attorney

Juris Doctor

22,658 satisfied customers
I moved from Florida to North Carolina last March 2, 2016

I moved from Florida to North Carolina last March 2, 2016 leaving my husband who I am divorcing in Florida. I purchased a property on March 17, 2016 now that I can finally file do I need to list this property on the divorce paperwork? The deed is in my name only.

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Thomas Swartz

Attorney

Juris Doctor

2,998 satisfied customers
I am currently married but considering divorcing my husband.

I am currently married but considering divorcing my husband. My biggest concern is the kids - 6 and 8. He will let them drive the boat (while anyone under 14 in my state is not legal to operate a boat); he will let them watch PG13 movies and play violent video games. He also used to drink and drive with them in the car until about 2 mos. ago and, I am afraid, might start again. I want to obtain the status of the custodial parent so I can make these decisions for my kids. How can I use everything he is doing wrong with them to accomplish that?JA: Are there any minor children from the relationship? What is the custody situation?Customer: two kids - 6 and 8. We are not yet divorced, so looking for way to become custodial parent.JA: Anything else you want the lawyer to know before I connect you?Customer: I have another question. My husband just sold his business. We are in FL, which is community property state I believe. The question is - am I entitled to half of the business proceeds? I have been a stay at home Mom for the past 5 years and just went back to work 6 mos. ago. Also, before selling his business he was making 2 times my salary. Now, he is claiming he would be making a lot less or about the same amount as I make, but I don't believe that to be the case. Since he sold the business and potentially reduced his income on his own accord (he will be working less days now), how would the court look upon that for determining child support and alimony, if any?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

119,244 satisfied customers
Now writing a motion 60b. I analyzed the judgment. Now

Now writing a motion 60b.I analyzed the judgment. Now understand wht went wrong. Unbelievable clerical errors, omissions and mixing the identities of Plaintiff and Defendant in several places.Because of mix up, Judge allowed a DOS marital acct with balance47,000 have two distrib to her. She took $36,500.00 out of it in 2014 then he awarded her another $42,000.00 in the judgment from the account.So $78,500.00 was awarded to her. Obvious he mixed her up with me. He also gave her the savings account balance twice.Then he obviously had us mixed up when he did the 35%-65% distributional penalty on me. Then her atty didn't get the final disp of the foreclosure when he was supposed to and THAT hurt me by $38,000.00. It goes on and on. End result, he awarded her about $315,000 and me about $100,000 from the marital estate. Unbelievable.Now I want to look at a Rule 60b instead. What I want is this fiasco of identities and numbers (and errors of law too) Wiped away and a new trail. No one could straighten this out it is so messed up. I've decided if I get blown off on the motion, I will then hire an appeal atty.What are your thoughts on Rule 60b?

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FamilyAttorney

Appellate attorney & former trial lawyer

JD

2,592 satisfied customers
1. How much do average prenups cost? 2. Also in marriage, If

1. How much do average prenups cost?2. Also in marriage, If i dont get a prenup and down the road get divorced would i be stuck with my wifes student loan and credit card debt, can she go after my NJEA pension (work in a public school)?3. What would happen if my spouse dies and i become a widow, can i be stuck with her student loan and credit card debt without a prenup?

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904 satisfied customers
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