As long as you do not put your Husband's name on the Deed, the home will always be a premarital asset and a court would be unable to award your Husband the property. Tat being said, if you are to make payments on the home or make improvement from income which is earned during the marriage,... View More

Your Final Judgment should act as an official record which puts the public on notice that you have an interest in the property. I agree that you should speak to an attorney and discuss your options with regard to additional public record filings and possibly making a third party claim in the... View More

As long as you do not co-mingle the inherited money with other funds that you are presently earning or exist during the marriage (you are still married even though you are separated, the inheritance is non-marital. What this means is money that you have inherited should be placed in a completely... View More

Absent marital contribution or marital effort (actively managing the accounts), passive appreciation on premarital accounts is non-marital.

Within a settlement agreement you can agree to any terms for alimony that are agreed to. With regard to the law, say if a judge were making a decision at trial, alimony terminates upon re-marriage and can be modified based on cohabitation. You would have to establish that there is a supportive... View More

Nope. Under Federal Tax law the majority parent gets to claim the children, but a state divorce court can, and usually does, order parents to split or rotate the child related tax credits assuming child support is current.

It seems to me from the limited amount of information provided, that either you both have an interest in the other's real property or neither of you do. Start with the premise that you are both still married. Therefore both properties are marital and subject to equitable distribution. Now... View More

What is required is that a responsive pleading be filed within 20 days. A motion to dismiss is a responsive pleading. A motion to dismiss a supplemental petition for modification of alimony would generally be based upon a lack of a substantial, unanticipated, change in circumstances. Examples... View More

He appears to be off the hook as long as you allow him to be. Your ex cannot be required to pay for a daycare that is not in operation. Now, if you were to ask him to pay the same amount to the new daycare and you are willing to pay the difference, I think you would have an argument. Otherwise,... View More

This answer is a bit complicated, but worth investigating based on the roughly $285,000.00 in appreciation. Absent a written agreement to the contrary (Prenuptial/Postnuptial Agreement), the improvements made to the home during the marriage are marital. If there was marital effort such a marital... View More

Usually this only happens if there is a provision in your Parenting Plan or Settlement Agreement which states that there will not be three weekends in a row. Typically, I do not include these in mine for the very reasons you cited, it throws off the entire schedule. Assuming this clause is not in... View More

This will really depend on the amount in your IRA. The Court will start by looking at your relative incomes. Assets are then also considered by statute, but unless the assets are significant, a court will typically not order alimony when there is otherwise no ability to pay. You may also... View More

I would suggest you retain an experienced divorce attorney and file divorce immediately in order to protect the assets. There is law to establish marital waste for the money he has spent on his extra-marital affair, but it does you no good if there is no money left. Once filed, you can attempt to... View More

Sadly, I think this was an unanticipated matter not really addressed by your settlement agreement. I think the recipient of the home could argue that these are closing costs. I think you could argue that not all costs in the settlement statement are closing costs. I think you ought to discuss... View More

The answer is yes. Regardless of your name not being on bank accounts or retirement accounts, you are entitled to half the assets accumulated during the marriage. Depending on the finances, you may also be entitled to some short term alimony to help re-establish yourself as a single person. I... View More

The general answer is no. If your inherited funds were spent during the marriage, you have accepted that as part of your marriage. That being said, through the process of equitable distribution, you would still be entitled to half of the value of the remaining assets (the car and the motorcycle).... View More