Elizabeth, NJ asked in Divorce for New Jersey

Q: My husband and I married in 1982 and lived in separate homes around 1992.

We never got a legal separation and he has filed for divorce. He lives in NC and I live in NJ. Am I entitled to anything or can I be held liable for bills, etc. that he incurred over the years. When we together he received monies from a 401K plan that I did not know anything about. We filed jointly and my income tax was held for years. IRS said I was responsible for the payment of the taxes. I would like that money reimbursed to me by him. Although it has been years it still haunts me because he laughed at the situation and caused hardship for me and his children.

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2 Lawyer Answers

A: More details would be needed to address your concerns. You should bring all relevant documents to a divorce attorney to discuss the details and see what can be done. If he has filed a complaint for divorce there are strict timelines to answer and other requirements that you have to comply with, and a divorce attorney can help you with this also.

A: Thank you for your question. I am happy to assist.

As part of a divorce, there are a number of issues that need to be resolved as it relates to debts and properties acquired during the marriage. It is unclear where your spouse filed for divorce. Regardless, it is important to note that the law will vary between NJ and NC. In NJ, the distribution of assets and liabilities will be determined by what is equitable. Your separation will undoubtedly affect the distribution of properties as part of a divorce. Although you were separated you remained legal married, therefore, had legal ties to one another which affect your properties and debts. Based on your circumstances, it would be best to contact an experienced family law attorney to address your specific concerns.

I hope this information was helpful to you.

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