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... Read more »
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...Read more »
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?
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...Read more »
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:
Legally separated from your spouse under a divorce...Read more »
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