Marriage / Divorce Audio

Marriage / Divorce Forms

Marriage / Divorce Question & Answers

House purchased by Husband and Girlfriend

August 23rd, 2009

If during the marriage I found out my husband invested in a home with another woman , can I be entitled to his share of investment. Read the Answer…

New husband's divorce agreement with ex wife

August 11th, 2009

My husband's divorce agreement with his ex wife shows his son gets all of his assets and real property and that his ex wife is named as executor and as trustee for his estate if he dies before his son is 28 years old. He said that this wasn't final agreement, but it's signed by the judge and he hasn't shown me a different agreement. He didn't think he'd marry again. Should I be concerned? Read the Answer…

If Partner Dies What Happens to House?

July 23rd, 2009

In STATE-X, how do I take over house payments if partner dies, we're not married and my name is not on the deed? Read the Answer…

Ex Bequething Sister Parental Rights

February 8th, 2009

My ex husband wants to bequeath his parental rights to his sister in the event of his death. Is this legal? Will I be bound by the same obligation under the divorce decree to provide her with visitation? Read the Answer…

Gifted property - Can Ex Reach it?

January 30th, 2009

My parents gifted me land for the sum of one Dollar. My name is listed as grantee on the deed, but it says "a married person". My name appears alone on the property tax bill. My estranged is trying to claim the land as his can he? Read the Answer…

Divorce after short marriage

January 21st, 2009

My father in law is about to get a divorce from his wife of only 1 1/2 years. He owned the house his name was on everything and no accounts were in her name. Does she have the right to get any of his pension or bank accounts after a short marriage in State X. Read the Answer…

All accounts in husband's name only

August 24th, 2008

Currently my husband has all accounts in his name. He will not let me have any access and I have to ask to have any money. Practically, the bank has encouraged him to make the accounts joint. He won't. If he dies the will states that I receive all. Would I have pay inheritance tax? Is there anything that I can do to help him change this? Read the Answer…

QDR) Retirement benefits

August 24th, 2008

My ex died 5-16-08 while serving in the Army. We were divorced in 1996, with a QDRO stating I was entitled to 1/2 of his army retirement. He was turning 60 in Aug. Army was forcing him to retire as of 6-1-08. They said because he was not officially retired I receive no benefits or retirement. Is this true, I receive nothing? Read the Answer…

RETIREMENT BENEFITS

July 15th, 2008

MY EX-HUSBAND HAS A RETIREMENT PLAN. I CONTACTED THE PLAN ADMINISTRATOR AND WAS TOLD I CANNOT RECEIVE BENEFITS, UNLESS IT WAS STATED IN MY DIVORCE PAPERS.IS THIS TRUE? DO I HAVE ANY OTHER WAY OR RIGHTS TO PROCEED IN THIS MATTER? WE WERE MARRIED FOR 20 YEARS. THANK YOU Read the Answer…

Power of attorney

July 13th, 2008

My husband recently became paralyzed. My car is in his name. I have made all the payments and the initial down payment. Since he and I have been fighting, he gave his son a financial power of attorney. What happens to my car? Read the Answer…

Ex wife locked out of house

June 27th, 2008

Can I legally lock my soon to be ex-wife out of the house that we both own. Our divorce is in court right now and I am afraid that she is coming over to the house when I am not there and taking marital property. She has been staying with her parents for a year now. Read the Answer…

Deceased ex-husband

June 27th, 2007

My ex husband died 5 years ago. He left my girls something in his will. We just found out a week ago. His new wife told the judge that she could not find them, but she called and wanted them to sign papers on insurance and about the house. She told her sister-in-law that my girls were not getting anything if she had something to do with it never saying anything to my girls. Read the Answer…

Title to Brokerage Accounts during Divorce

June 17th, 2007

Brokerage Account Titles: Doe Big Brokerage Firm [name omitted] have a beneficiary designation form to fill out? I was told no. Do I need a transfer on death or pay on death account? What do I do? Nothing is to go to my immediate family as far as any assets I have now. Also, I am legally separated and waiting for the divorce to be finalized. Read the Answer…

Living trust and divorce

May 30th, 2007

Death while Divorce Pending: Does a petition for the dissolution of marriage affect a living trust if the creator of the trust dies before the final decree of dissolution of marriage? Will the surviving spouse still get what was left to him under his wife's living trust? Read the Answer…

Remarry provision in trust

May 3rd, 2007

I am remarried with 3 grown children. A family trust is in place where it splits into a survivor's trust to wife (unlimited) and exemption trust available to spouse for health/support, beneficiaries my children. How can I safeguard the exemption trust from my surviving wife's next husband? i.e. create a "lock box". In community property state. Read the Answer…

Pre nup - Which state governs?

April 12th, 2007

Which State Law Governs Pre-Nup: Marrying in STATE A, live in STATE B. Which state's laws are the ones we would fall under? Read the Answer…

Settlement agreement

April 11th, 2007

I signed a marital settlement agreement friday under duress, now I see that it was a mistake. Nothing has been filed yet and I want to get out of the agreement I signed. Can I? Read the Answer…

What would happen if I left?

April 7th, 2007

Hello, I was wondering what would happen if I leave my husband , what would I get, as far as child support for a child we share togther and my son who lives with us (both are under age 10). There has been abuse (physical, mental, and verbal), and also some sort of adultry. I am trying to fight for my marriage but if I am being told to leave what should I do? Read the Answer…

Domestic Partners Own House

March 28th, 2007

My boyfriend and I are registered domestic partners in the [LOCATION]. We just bought a house together, and I want things in writing such as how to split payments, what happens if we break up or one of us dies, etc. What kinds of protections do we need?? The house is in both names but the mortgage is mine only so this is especially important to me! Read the Answer…

Pre-marital holdings

March 25th, 2007

Our daughter is getting a divorce. She is in the U.S. Army. When she moved her furnishings from our house, where she was living, we gave her all the furniture in her room. Can we back-date a Declaration of Gift that will allow her to keep these furnishings as her own in the divorce? Read the Answer…

Property Settlement Agreement

February 10th, 2007

When I signed my agreement after 31yrs of marriage, my ex to be and his lawyer added a 4th reason that I would receive no alimony. If he retired. He was 55 at the time and I was 53. He retired at 56 only 9 months after the divorce. He had signed the agreement stating he would not retire in the foreseeable future. Did he not defraud me? Why else add that? Read the Answer…

Credit line debt in a divorce.

February 4th, 2007

In a divorce settlement, the credit line incurred by both people what date is used to divide that debt. Read the Answer…

Restraining Order

February 4th, 2007

My Dad is filing for divorce, has left the woman after 8 mo of marriage, in California. She keeps showing to his new residence and harrassing him, he is 60 she is 41. He has now had to be put on heart medication because of the stress level.He is very religious and will not file a restraining order. Can I file on his behalf? Read the Answer…

Divorce and debt

November 5th, 2006

During my husbands divorce, there was a agreement made that his ex-wife was to be responsible for the debt of the trailer they had owned. His ex-wife, as long as she kept the payments current, would own the trailer. Now the mortgage company is calling my husband because his ex-wife declared bankruptcy. But the trailer has been sold twice this year. What are we to do? Read the Answer…

Partner's Right to Care

November 5th, 2006

What is the right of a common law partner in respect of medical-care after divorce or death? Read the Answer…

Custody

October 25th, 2006

May i file for emergency temporary custody myself? Read the Answer…

Termination of payment of alimony

October 3rd, 2006

I have been paying a sum of money as alimony as agreed in a divorce settlement to my former wife for a number of years, Now that I am retired I am no longer able to fulfill that commitment. Is there any example of a legal petition that you may recommend to me that I may submit to the court to have these payments terminated? Read the Answer…

Family gifted property; Divorce

September 27th, 2006

I would like information on how to handle a 10 acre piece of family property that was quit deeded to me by my mother. During divorce mediation my husband stated that he purchased the property with marital funds. This was not the agreement. He wants sole-ownership and the right to refinance within a year. The proceeds were used for his business. Read the Answer…

Non-Disclosed living trust and divorce

September 26th, 2006

I just found out that my ex-husband created a revocable living trust during the time of our marriage, which was 33 years. We have been divorced for 3 years. He did this without my knowledge with funds he had hidden from me. He has never disclosed this to me. I found out by accident. What can I do? Read the Answer…

Vehicle in divorce

September 1st, 2006

My husband purchased a car while we were together. The loan and title are in his name, but I have possession of the car (I live in a different state than him). He has two cars himself. I have our son. What are my options for keeping the car? The loan cannot be transferred into my name as I have bad credit. Read the Answer…

Divorce and income tax deductions

August 15th, 2006

When you're divorced and you pay child support can you claim the child on your taxes? Read the Answer…

Spousal rights after death

August 3rd, 2006

My husband and I have been married almost 2 years. We keep saying we need to have a will drawn up, but we have not gotten around to it. The house we are living in belonged to my husband before we married (a hold-over from his first marriage.) In the event of his death, what are my legal rights? Adult kids involved from previous marriage exist. Read the Answer…

Credit card problem

November 1st, 2005

Can I be responsible for charges after the date of my divorce, made by my exhusband on a joint credit card that was overlooked? How do I go about keeping this from affecting my good credit? Read the Answer…

Free divorce papers

September 17th, 2005

How may I receive free do it yourself divorce papers. I have very little money ,so please advise me on getting divorced? Read the Answer…

Credit Card Debt in a Divorce

August 7th, 2005

My spouse and I are getting divorced. We have split up the credit card debt and I would like to consolidate my cards into one payment in my name only. In addition I want my name taken off the credit cards that are in her possession. How do I go about doing this? Read the Answer…

Guardian and Estate

June 6th, 2005

My 9-year 0ld Grandsons' father has passed. If his mother (my daughter in law) passes....who becomes legal guardian of my Grandson and monitor of her estate. Her parents are not able to. As for the future of my grandson...what's preferred, A living trust or a Will. Read the Answer…

Divorce court appearance

June 3rd, 2005

I made an application in court a few months ago after my divorce and I wanted to know if there is a time limit involved to appear in court Read the Answer…

Living Will and Separated Husband

January 5th, 2005

Would my husband - seperated 3 yrs - have any rights against a Power of Attorney and Living Will in State X [actual state name deleted -- we cannot address specific state laws]? I'm having surgery and want to make sure he won't if something goes wrong while I'm hospitalized. Read the Answer…

Pre-nup agreement

October 28th, 2004

He's a retired physician, widowed, 4 kids, living off his investments. HeÆs worth $6M. I have no kids and my net worth is $175k. All his accumulated wealth will go to his kids when he dies. HeÆs offered to take out a $1M life insurance policy with me as the beneficiary. ThatÆs all IÆd receive at his death. Is this fair? Read the Answer…

Divorce decree versus will or trust

October 5th, 2004

If a divorce decree states the ex spouse should leave 100% of life insurance for the childrens' college fund, but the ex-spouse has a will stating differently with trust designed by an attorney, which governs? Does the will trump the divorce decree? Read the Answer…

Insurance Policy

June 17th, 2004

After the Jugde has ruled in a pre-trial life time maintainence for a 56 year old woman has there ever been a ruling that the judge has ordered the husband to buy life insurance on himself naming the ex-wife benefficiariary? Can the Judge put this into a divorce decree? And who would monitor that the policy would be paid? Read the Answer…