Q&A: Who Pays the Bills During Divorce?

This question about who pays the bills during a divorce or separation is a good one. Are you obligated to continue to pay the bills if you move out of the marital residence for example? What if you are the wife and your husband moved out and stopped paying the mortgage which is jointly in … Continue reading “Q&A: Who Pays the Bills During Divorce?”

Q&A: When is a Legal Separation a Better Option Than Divorce?

10 Reasons why would you get a separation and not a divorce If you are not absolutely sure that the marriage is over and need a time out. If you want to maintain health insurance from one spouse to the other. For tax reasons: There are tax advantages to being married and getting divorced could … Continue reading “Q&A: When is a Legal Separation a Better Option Than Divorce?”

Q&A: What Factors are Considered in Alimony & Child Support/Custody Awards?

The court takes many factors into account from the anodyne to the scandalous in determining property division, alimony and child support. It really depends on the jurisdiction and the specific situation between the couple. Of course, there are specific guidelines in every jurisdiction, and there are unique rules. But there are common threads. For example, with regard … Continue reading “Q&A: What Factors are Considered in Alimony & Child Support/Custody Awards?”

Q&A: Is Everything Split 50 50 in a Divorce?

It depends. If you are in a community property state like Texas and California, then absent a prenuptial or postnuptial agreement, yes, everything earned and accrued during the marriage is community property and normally would be split 50 50. Anything that you had prior to marriage would be separate property and would not be subject … Continue reading “Q&A: Is Everything Split 50 50 in a Divorce?”

Q&A: Do I have a financial claim to my spouse’s family fortune (if the marriage is really short)?

I doubt it. If your spouse comes from a family with a significant amount of wealth, chances are you and he (or she) executed a prenup, first of all, right? But second of all, anything your spouse earned before your marriage is separate property. Family fortunes would normally have existed prior to your arrival. Even … Continue reading “Q&A: Do I have a financial claim to my spouse’s family fortune (if the marriage is really short)?”

Q&A: What Does “Forum Shopping” mean in Divorce Parlance?

Think of it this way: The “forum” is another word for the “place” and “place” is another word for “venue” or “court.” When you go forum shopping in your divorce, you are looking for a place, you are “shopping” for a place or the place where you get the best outcome, be it in terms of … Continue reading “Q&A: What Does “Forum Shopping” mean in Divorce Parlance?”

Q&A: What is the “Innocent Spouse Rule” as Far as Divorce and the IRS Goes?

It may or may not be tax season when you are reading this but chances are if you found this post via Google, you are concerned about your taxes and probably are afraid that you owe back taxes to the IRS. You probably do, but there are ways to get out of it – there … Continue reading “Q&A: What is the “Innocent Spouse Rule” as Far as Divorce and the IRS Goes?”

Q&A: What Does “No Fault” Divorce Mean?

The other point to make is that the fact that a state has no fault laws does not preclude a couple or party from choosing to have a fault based divorce.

The other point to make is that the fact that a state has no fault laws does not preclude a couple or party from choosing to have a fault based divorce.

Q&A: Should We Commingle Our Business? Go Ahead. Mix Business and Pleasure. But When It’s Time to Divorce, Don’t look at Me.

Commingle, combingle, comsextabongle. Let’s get it on, baby. This is how a lot of couples feel when they are in love. And they decide to form businesses together and then get married and they have no formal paperwork drawn up about the business and how it will be managed in the event of an unmingling. … Continue reading “Q&A: Should We Commingle Our Business? Go Ahead. Mix Business and Pleasure. But When It’s Time to Divorce, Don’t look at Me.”

Q&A: Why Would Anybody in their Right Mind Sign a Post Nup?

That is a very good question, thanks for asking it. It does seem a little bit looney to sign a post-nup after you got married without a prenup, doesn’t it? But that is based on a wrong assumption because many people who sign a post nup also had a prenup. Not all. But many people. … Continue reading “Q&A: Why Would Anybody in their Right Mind Sign a Post Nup?”

Q&A: I Believe My Spouse Hid Assets During Our Divorce. Can I Get Her Tax Returns Post-Judgment?

“My wife was a high paying executive and I think she hid money when we divorced. Can I get her tax returns post-judgment? If so, how? And what am I looking for exactly? And where do I look for it?” This is a very good question. I am not a tax expert by any means. … Continue reading “Q&A: I Believe My Spouse Hid Assets During Our Divorce. Can I Get Her Tax Returns Post-Judgment?”

Q&A: Are Lottery Winnings Marital Property When You are Living in Separate Homes?

Can you get a slice of your spouse’s lottery winnings even when you are living separately? Usually, yes. Lottery winnings would be marital property. It does not matter if you are living in separate homes – unless you have a separation agreement or a prenup that specifically speaks to this issue of lottery winnings or … Continue reading “Q&A: Are Lottery Winnings Marital Property When You are Living in Separate Homes?”

Q&A: How Often Do Different Parenting Styles Lead To Divorce?

Sometimes, two people (or three, or four) just have different philosophies about how to raise children and sometimes, these styles are not only incompatible, they are combustible. On occasion, this even leads to so much conflict, that divorce is the only logical conclusion. How were you supposed to know beforehand that you would see things … Continue reading “Q&A: How Often Do Different Parenting Styles Lead To Divorce?”

Q&A: What is the Average Cost of a Divorce in USA?

Which is more expensive? Divorces or Weddings? That really depends. For most uncontested divorces in New York where there are no children and property, it is possible to find a lawyer who would do the paperwork for under $500 dollars. Is this an average? Yes and no. When the experts talk about “averages” they are … Continue reading “Q&A: What is the Average Cost of a Divorce in USA?”

My Spouse is Missing. How Can I locate Him to Get Him Served Divorce Papers?

Internet Google their name Cell Phone Records Credit Card and Banking Records Use Social Security Number Employers Social Media Family and Friends Find My I-phone App Hire private detective to do “Skip Tracing.” Get an order from the court do search the military records Contact the local  media Put up local flyers Hospitals, Coroners, Jails, … Continue reading “My Spouse is Missing. How Can I locate Him to Get Him Served Divorce Papers?”

Q&A: Is it Possible to Get a Portion of my Spouse’s Inheritance if we Divorce or Separate?

DIVORCE & INHERITANCE: The short answer is, it depends. Normally, the rule in the U.S., I believe in all the states is that inheritances are separate property. So the fact that you were married for 40 years and your spouse cheated causing your divorce would not be itself enable you to reap a part of the $30 million … Continue reading “Q&A: Is it Possible to Get a Portion of my Spouse’s Inheritance if we Divorce or Separate?”