A court battle at great expense. I am also receiving 100% of the proceeds from the sale of the marital home in lieu of taking his retirement or pension and I’m not asking for alimony. With the additional $10,000 award it works out in my best interest. My question is, will I have to pay any... Read more »
No. A monetary award is made to adjust the equities between the parties as to existing marital property and debts. It is not an award of new taxable income. It merely shifts already earned and taxed income (or property purchased with that taxed income) from one spouse to the other.
I am sorry to hear that you are going through this difficult situation in your life. It is very important that you find an attorney with whom you can go into detail about this question given the different factors involved. It would not be wise to give a simple answer to such a very complicated and...Read more »
In Maryland, as in most states, a surviving spouse has inheritance rights to their deceased spouse's estate. Absent a divorce decree entered before death, or a signed property settlement agreement, or a prenuptial or postnuptial agreement, those rights remain intact so long as they remain...Read more »
You have two issues: a landlord/tenant issue, and a custody/child support issue. If there's domestic violence going on, that is a potential third issue, or one which could arise based on how she reacts to whatever it is you do about the first two issues. The good news is (for you), you are...Read more »
You need to ask this question of an Ontario lawyer, or research the law there. The law of the place of marriage determines whether the marriage is legal or not. For instance, in all states in the United States of which I am aware, a marriage is only legal if the parties obtain a marriage license...Read more »
Is the deed to the house in the name of the living trust, or do you jointly own the house in your individual names? Upon divorce, real property owned by spouses as "tenants by the entireties" automatically converts to "tenants in common" ownership. Therefore, you would each...Read more »
You have to do what your agreed settlement terms require you to do, or you will be liable to him for his legal fees and other costs incurred to force you to do so under court order. So, to that end, if you are uncertain as to what you agreed to do, take your settlement agreement (or divorce...Read more »
You have cited two factors in a list of factors that would be considered in your favor when considering whether to award alimony in a divorce case. The limited facts you have provided, however, are insufficient standing alone to establish your right to alimony. Consult with a divorce lawyer in...Read more »
If you are not seeking alimony, a monetary award, a share of his pension or retirement, or property division, you can file in your state of residence; or if you are seeking any of those things, you may need his consent to, or waiver of, personal jurisdiction in your state of residence. If he...Read more »
My ex has not been working for a year. He is currently on disability, even though he would be able to work. He receives a large disability insurance. He also made millions at the stock market. Now he claims that he can not work anymore and if ever, he would only work 50% of the time. He wants to... Read more »
Possibly. Your question requires many more facts to be reviewed and considered, as it raises questions of voluntary impoverishment on the one hand, and availability of assets that might be converted into income-producing assets available to pay child support. In the case of Barton v. Hirshberg,...Read more »
Separation and property settlement agreements are many pages long, full of numerous detailed legal provisions drafted to address a myriad of legal issues and rights that are implicated in a divorce. This is not a DIY agreement. If you do not use a lawyer, you will have no idea what possible...Read more »
I have a PL order that grants me sole legal and residential custody but the custodial time given to my spouse is very liberal. It also contradicts the fact that I am the one with sole legal custody. The order states that our daughter will participate in extracurricular activities and gives him the... Read more »
A pendente lite order is a temporary order that, generally, remains in effect until the actual trial. I suspect that you have an actual trial scheduled for June. If you feel that there is a sufficient reason for the court to reconsider the issue of custody after the pendente lite order but before...Read more »
If I ask them to dismiss my answer will they continue with a hearing or I should just go with it. We are still living together and have a sexual relationship. I would want the court to dismiss his complaint of Adultery.
This question appears to be a follow up to a question earlier today. I really cannot answer your question without knowing the facts of your case. You should confer with a lawyer who can assess all of the facts of your case.
Generally, when you file an answer even though you have not been served, you thereby subject yourself to the personal jurisdiction of the court, and the other party need not serve you. But, depending upon the circumstances, you may be able to ask the court to strike your answer.
He was ordered to sign a car over to me (title has both our names on it) and pay half the total of expenses I paid. I was ordered to refinance car to take him off title but couldn't due to age of car and credit. Contacted him in late 2015 and he refused to pay until I could have him sign off... Read more »
When she left she moved multiple states away. I’m currently trying to purchase my first home and the settlement date is with in a few weeks (not enough time for a divorce). I didn’t even think about this when looking for a home but would she be entitled to 50% of my new home ?
Maryland is an equitable distribution state, meaning assets are subject to a judge's determination as to what an equitable split of assets should be. Your wife will have a claim against all assets acquired (fully or partially) during the marriage, including your new home. What the measure of...Read more »
I am currently separated and am looking for legal advice concerning my divorce. I am disabled, so my main concern is healthcare insurance. I am qualified for Medicare, but because I am only 52 the premiums for supplemental are extremely high. Because of my illness (Multiple Sclerosis) I see my... Read more »
Unfortunately, you will not be able to stay on your spouse's insurance after an absolute divorce. However, you would be able to retain your insurance under a limited divorce. Hope that helps. Good luck!!
This is a complex issue. While you may be able to obtain a divorce here, dealing with overseas property is an entirely different matter. You will also face hurdles regarding jurisdiction depending on lots of facts you have not provided here. Even if a Maryland court takes jurisdiction and assessed...Read 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.