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Recent Equitable Distribution questions
Connecticut Family Law question. My wife has filed a divorce
Connecticut Family Law question.Hello,My wife has filed a divorce against me in the State of CT and we have a prenuptial that reads:"f. In the unfortunate circumstance that the marriage shall be dissolved throughdivorce, the following agreement regarding alimony is considered fair and equitable bythe parties to this document due to the contribution of Yvette to the start-up and successof the business:1. Marriage of less than one year - No alimony shall be paid to either party.2. Marriage of 1-3 years - Pierre shall pay alimony in the amount of 20% ofPierre's net income.'~Oj 3. Marriage of more than 3 years - Pierre shall pay alimony in the amount of kbr \J5"Z j6% of the Pierre's net income."The attorney who prepared this pre-nuptial attached a cover letter stating:"You have an agreement regarding alimony should the marriage dissolve, however there is noend date stated in the document. Is the alimony for 5 years, 15 years, or lifetime? If acourt is required to resolve a dispute in this area, it will look heavily toward the length ofthe marriage and the assets of the parties. It is very unusual for long term or lifetimealimony to be granted these days unless there is a stay at home spouse with no goodearning potential or there is some special circumstance (illness or disability) which makesit necessary."I have had major health issue (2 cancer, brain tumor and sugery) and had to stop my business and file a Chapter 13 that's been approved.My wife and I have been married for 10 years but separated for practically 7 years, visiting each other from time to time. She's residing in Connecticut and I am a FL resident since 2006.She's been the manager of her LLC and self-supporting since we met.How can I fight the alimony to reduce the duration or even the grant ?I cannot afford a lawyer and presently discussing about mediation with my wife.Thank you for helping.
My wife and I live in Atlanta. We are looking a divorce
My wife and I live in Atlanta. We are looking for get a divorce "irreconcilable differences". I am the bread provider and we have been married for approx 4 years.Below is a quick summary of my current situation:• Got divorced in 2009 (after 22 years) – paying “permanent alimony” of a significant amount• Got remarried in 2012 to my current wife that came to the US under a fiancée visa. Getting married was the only way for her to stay in the country but nevertheless we had intentions of staying together if things worked out• No kids together• Although I have a really good salary and job, current financial situation is not great from the point of view of savings, etc. Just got out of the hole from the 1st marriage this year• Just relocated from Jacksonville in January (already has been 6 months)• No prenup, etc. in placeThe main reason that we want to get a divorce is because we lost all trust in each other and the situation is a bit stressful. I guess irreconcilable differences fits here. At this point, I am not sure what she is entitled to given that we have been married for approx. 4 years. I would like to be fair and make sure she gets some $$ to allow her to land on her two feet since I do care for her.I am not sure if she is going to try to get a lot of $$ from me or not and what should is entitled to since there is not much $$ in the bank and we have not purchase a lot of things (other than approx. $15k in furniture) during our time together. She does say that she does not want a single penny from me but at the same time she has indicated that she would want to get an attorney to represent her.At this point I am trying to understand the following:• What is she entitled to by law (by the book)• Does my income plays a role in determining what she is entitled to or is it just a split of the assets we obtain together regardless of my income• What is the most economical way to get this going. Just go to the court house like when we did when we got married or should I get an attorney to drive the process.I look forward to your answer.
Law Educator only please. My son Shawn and Daughter In Law,
Law Educator only please.Hi My son Shawn and Daughter In Law, Paula were married in the USA (Virginia) and registered their marriage of 15+ years in Colombia SA. Two years ago they separated and got a Legal Financial Agreement in Colombia dividing up their assets in Colombia. The agreement (I think) did cover their possessions in the USA. The construction LLC company I formed in 2001 was also put into my son's name as equal partner. About 7 years ago in order to move money (my personal funds) through the company to Colombia to buy the farm, Paula, a Colombian citizen, was given 10% ownership so the money would be accepted by Colombia. During the process of breaking up Paula legally through a lawyer gave the 10% back. Right now Paula who has temporarily moved to someplace in New York state now wants to complete a legal divorce in Virginia. The idea is that once legal in the USA she would take that Virginia back to Colombia and register the USA divorce and thereby get a full final divorce in Colombia.The Question is:Even though Paula signed back her 10% of the company back to Shawn/me; did she really own 25% of the USA company through her marriage to Shawn who owned 50%?What I'm trying to find out is if Shawn does not get the "No Fault" divorce Paula wants in the USA, can she go for more of the company?
I've signed a Consent Order stating I would pay a credit
I've signed a Consent Order stating I would pay a credit card bill in Plaintiffs name. I greed only because we were attempting to settle the equitable distribution case. Well the ED was dismissed. Am I still held to the agreement to pay the bill?
I received a "Motion to dismiss Defendant's Divorce
I received a "Motion to dismiss Defendant's Divorce from bed and board" from Opposing Client. The trial date is set for July 18th and the Opposing Counsel has filed to dismiss.The Opposing Counsel states verbatim ".......through his pursuant to Rule 12(b) of the NC Rules of Civil Procedure who moves the Court to dismiss the Defendant's claim for DBB pursuant to NC General Statute 50 and in support thereof alleges and says......My question: Am I mistaken in that the motion is flawed because she has not alleged as to the exact reason that the motion for DBB should be dismissed?At the last hearing she stated that she thought the case was moot because we were living separate and apart; i voiced my opinion and the Judge agreed with me and said it was a valid claim and gave us a Trial Date.Can she now file a motion basically saying the same thing without specific reasons? The Plaintiff filed the claim and i counter-claimed, neither claim has been withdrawn.I will be filing an Opposition to the Motion but i need to be able to properly state that her Motion to Dismiss is lacking proper procedure for lack of better verbiage as she is not asserting any of the following reasons for her request:(1) lack of subject-matter jurisdiction;(2) lack of personal jurisdiction;(3) improper venue;(4) insufficient process;(5) insufficient service of process;(6) failure to state a claim upon which relief can be granted; and(7) failure to join a party under Rule 19.In my opinion i should definitely include the following reason as to why her claim should be dismissed:(6) failure to state a claim upon which relief can be granted;
I live in PA, i'm married, i have son 5 years old andView more family law questions
I live in PA, i'm married , i have son 5 years old and step son 24 years living with us.My wife gets 50K per year, i get 150K per year.we used her money and my money to cover all expenses.I used to cover more because her income is less.Last 4 months we had "cold war" because in Feb 2016 i said that she spends sometimes more than needed and I declined to pay her credit cards only.I never declined to pay any required family expenses but i said that i will not cover her credit cards.This week my wife sent email saying she will file divorce.I did not receive divorce complaint letter yet.I have divorce attorney but I did not sign contract yet, because didn't see divorce complaint.Week before her divorce letter, she sent me balances of her credit cards. saying that i have to cover them.Due dates mid July 2016.Some of that expenses is for family, but i never saw any statement from her, so i do not know what she paid for.If i deposit check to family account, how can protect myself and show it's not gift money anymore?if i send email to her warning that it's not joined money anymore, but subject of future divorce settlement agreement will it sufficient in court?If i write on check "NON GIFT DEPOSIT" - can i use this during divorce to protect my assets?Or the only way to request my attorney to work with her attorney?