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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 28005
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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my husband left me for another women . i have file for divorce

Resolved Question:

my husband left me for another women . i have file for divorce myself because I dont have the fiances to obtain a lawyer. he now have a 8 month old daugher. will that affect me in getting the fiances from his stock and 401k plan and assets
Submitted: 5 years ago.
Category: Family Law
Expert:  FamilyAnswer replied 5 years ago.

Hi and Welcome to Just Answer. I will be the expert that will be helping you today. I look forward to helping you solve your problem.

What State are you in?

Customer: replied 5 years ago.
Expert:  FamilyAnswer replied 5 years ago.

There would be a distribution of the marital assets and you would be entitled to what the law would allow. The fact that he has an 8 months old child, should not prevent you from obtaining what you are entitled to.

Marital assets and liabilities" include:

1. Assets acquired and liabilities incurred during the marriage, individually by either spouse or jointly by them;

2. The enhancement in value and appreciation of non-marital assets resulting either from the efforts of either party during the marriage or from the contribution to or expenditure thereon of marital funds or other forms of marital assets, or both;

3. Interspousal gifts during the marriage;

4. All vested and nonvested benefits, rights, and funds accrued during the marriage in retirement, pension, profit sharing, annuity, deferred compensation, and insurance plans and programs; and

5. All real property held by the parties as tenants by the entireties, which acquired prior to or during the marriage, shall be presumed to be a marital asset. If, in any case, a party makes a claim to the contrary, the burden of proof shall be on the party asserting the claim for a special equity.

"Non-marital assets and liabilities" include:

1. Assets acquired and liabilities incurred by either party prior to the marriage, and assets acquired and liabilities incurred in exchange for such assets and liabilities.

2. Assets acquired separately by either party by interspousal gift, bequest, devise, or descent, and assets acquired in exchange for such assets.

3. All income derived from non-marital assets during the marriage unless the income was treated, used, or relied upon by the parties as a marital asset; and

4. Assets and liabilities excluded from marital assets and liabilities by valid written agreement of the parties, and assets acquired and liabilities incurred for such assets and liabilities.

Cutoff date for valuation.
The cutoff date for determining assets and liabilities to be identified or classified as marital assets and liabilities is the earliest of the following: the date the parties enter into a valid separation agreement, another date established by the separation agreement, or the date of the filing of a petition for dissolution of marriage.

Equal distribution.
The court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors, including:

(a) The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker.

(b) The economic circumstances of the parties.

(c) The duration of the marriage.

(d) Any interruption of personal careers or educational opportunities of either party.

(e) The contribution of one spouse to the personal career or educational opportunity of the other spouse.

(f) The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party.

(g) The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the non-marital assets of the parties.

(h) The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction. In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home.

(i) The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.

(j) Any other factors necessary to do equity and justice between the parties

FamilyAnswer and 2 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
another question. my husband has already told me to let the judge decide on what i should have. we have already agreed that he will put back the 3500 dollars he took out my son savings account for building our new how. which i will never see now. he has not paid any of the money and since we agreed how do i present this to the judge so he can start payments. also if the judge decides to give me any monies can i suggest that all be payroll deducted because he will not pay me otherwise. i believe hw will have to file bankrupty on 85,00of credit card aquired while i was on military duty. because he did this and we were on good terms in the marrirage. my name is XXXXX XXXXX none of the credit cards but i was a authorize user on one of the credit card and when we seperated i told the credit card company to take my name off the credit card
Expert:  FamilyAnswer replied 5 years ago.
If you and him have an agreement, it needs to be honored. If it is not, bring it to the attention of the Judge. The Judge may also send you both to mediation to try and work out a settlement. If you are unable to, it would be up for the court to decide. You can also ask for an automatic deduction if you are awarded money and are concerned about him paying.
Customer: replied 5 years ago.
if he dont file bankrupty on the credit cards he created. will I be responsible for his misuse of them. I believe he paid for most of the building materials for the new home we were building with name is XXXXX XXXXX them but he did have them while we were not seprated. i only learn about them after the credtors started calling me
Expert:  FamilyAnswer replied 5 years ago.
If your name was not on them, they would be his responsibility. Moreover, you can address this issue in the divorce settlement and make sure he assumes responsibility for them.
Customer: replied 5 years ago.
one more. im in the process of saleing the home we live in but i had the home for 11 years prior to the marriage. we took out a 25,000 line of credit loan against the house. im asking for half the ammont because once the house is sold that balance will be left. yes his name was placed on the deed of the house. my question his he liable to help me pay the 25,000
Expert:  FamilyAnswer replied 5 years ago.
Yes he would if the loan was taken out during the course of the marriage.
Customer: replied 5 years ago.
i forgot to mention my name is XXXXX XXXXX loan only for the house and the line of credit. his name is XXXXX XXXXX deed of the house.
Expert:  FamilyAnswer replied 5 years ago.
Yes, if it was incurred during the marriage and for the benefit of both of you, he would need to pay. Thank you.
Customer: replied 5 years ago.
expert i have another question. i once had a lawyer and my husband left town but he didnt tell my lawyer his new address. so i had to close the case because he explain to me how much more money it would take to complete this divorce case. i ask in the divorce settlement have of the attorney fees from prievious court case and current fileing fee. im i initle to ask for the money back.
Expert:  FamilyAnswer replied 5 years ago.
If you husbands action were deliberate, you could try and recover them if he was trying to hide from you. If he moved on his own, then it is not likely.
Customer: replied 5 years ago.
yes he requested a transfer. the young lady he got caught cheating with had move and hr baby was due this past jan. he left town in december of last year. i only found out when my eldest child tried to contact him at his place of employeement and they told her he transferred to boynton beach, Fl
Expert:  FamilyAnswer replied 5 years ago.
It may not be likely that you could recover. You knew where he lived but the issue would about money and your attorney charging you more. It really had nothing to do with you trying to serve him and him playing a cat and mouse game. You could try and get him to pay for the current fees.
Customer: replied 5 years ago.

we were already in a divorce court case when he left town. yes this was going to cost me more money i didnt have

Expert:  FamilyAnswer replied 5 years ago.
Then you could try and recover it if he left in the middle of it.
FamilyAnswer and 2 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
thank your for all your answers. I have been reassured that I can successfuly handle the divorce on my own since my funds are low. Its hard starting over. signing off