Disguised as anxiety and depression, my wife has finally shown her true colors as a vulnerable narcissist, admitting that she threatened suicide and even asked me to help her commit suicide because she is a drama queen and just did it for attention. Claims her anxiety and depression prevents her... View More 
answered on Jul 20, 2023
**I am a New York Attorney - so my answer only applies to laws in New York.
New York is a "no fault" state. As such, absent "shocking the conscious" claims, maintenance is determined by parties' income and a percentage of length of marriage. In other words, most of... View More
We have lived together for 6 years, 5 year old son, married for 3. After countless therapy attempts for high conflict, personality disorder and alcoholism it is time to leave for sake of son. Timing is not ideal as I have been dependent on him financially. We live in Brooklyn in a rental I could... View More
answered on Sep 16, 2016
Maybe. NY divorce matters have a calculation for spousal maintenance so if there is a large difference in income between you and your spouse you may be eligible for spousal maintenance and counsel fees during your divorce matter. The duration of spousal maintenance is between 15%-30% the years of... View More
answered on Sep 16, 2016
Maybe either state. Not sure about Montana's laws but for NY in order to get divorced in NY:
The residency requirements for a NY divorce are:
1. The parties were married in New York, and either party lived in New York for one year prior to filing. DRL 230(1)
2. The... View More
Is that money part of anything I'll get?
answered on Sep 16, 2016
Typically personal injury settlements are separate property that are not divided during a divorce. If the settlement was kept in a separate bank account, probably you are not entitled to it. If it is commingled with marital funds, it could be marital property.
I would prefer to defer selling the house until kids turn 18 or 21. My spouse would prefer for us to not own a house together for the next 10+ years and wants to buy me out now. Can either one of us force the other person to do what they don't necessarily want legally?
We are getting a divorce.
answered on Sep 16, 2016
In short - usually yes. During the equitable distribution portion of a divorce and assuming the house you are referring to was purchased during the marriage, the court typically allows 6 months to 1.5 years to refinance a mortgage on jointly owned property or otherwise have a sale. If there is a... View More
answered on Sep 16, 2016
In short, yes. As long as the child is under 21 years old, you may start a paternity proceeding to establish paternity and also have parenting time with the child depending on the circumstances.
answered on Sep 16, 2016
Typically you are not able to still file a joint tax return as the IRS code details:
Unmarried persons. You are considered unmarried for the whole year if, on the last day of your tax year, you are either:
Unmarried, or
Legally separated from your spouse under a divorce... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
