LoveToKnow Divorce:AllComments

From LoveToKnow Divorce

Comments

Wedding Rings,

Your rings would probably be considered gifts and not part of marital property. Don't sell or otherwise dispose of them until you have agreed to a settlement or a judge had decided how they should be treated. An attorney can answer questions about your specific situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

my husband and I are getting divorced after just a year, he says he wants my wedding rings back, there not an heirloom or anything. I didn't ask him for his. Are these considered community property? Since I am a full time student and not able to work much, I was hoping to be able to sell them. Any ideas

-- Contributed by: Wedding Rings

Margie,

I would suggest that you consult a lawyer to get an order for exclusive possession of the home if you want to get your husband to leave (and keep him out).

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Gina,

The retirement plan is a marital asset is subject to division on divorce. The amount you would be entitled to will depend on whether you live in a community property state or an equitable distribution state. Please consult with a lawyer to get advice for your specific situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

House is in my name, I bought it before marriage. Married 4 years. Marriage is over, tells me he does not want children, does not help with finance, does not help with any upkeep on home. He has only ever worn his wedding ring on rare occasions. I pay everything. I have talked about divorce, he's shocked. Brushes me off each time I try to engage him in conversation about how our marriage is suffering. I'm so done, it's so over. One day he says I'm leaving, next it's lets work it out. He has a short fuse and extreme anger when confronted with his behavior. How can I get him out of the house? Does he have rights to remain in my house even though it's mine and I don't want him here?

-- Contributed by: Margie E.

my husband recently quit his job as a cop. He cashed out his retirement plan that I was entitled to 50% off and since we are getting a divorce, he decided to spend it and not give me a dime. Shouldn't I be entitled to half of that money?

-- Contributed by: Gina

Anita,

The judge will take a lot of factors into consideration to determine what is in your child's best interests. The fact that she has been living with you for the last several years is one of them. As far as the false allegations on the papers, you will need to bring that fact to the Court's attention. Please contact a lawyer who can advise you about your situation. When you meet with your attorney, bring any do...entation you have to challenge his statements so they can be reviewed.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My daughters father just served me an order for paternity, custody, and child support. I have had sole custody of her for the last seven years. He refused to go on her birth certificate when she was born. I have voluntarily let him see her. He has falsefied alot of information on the papers I was served. He has alot more money than I do for a court action. Will he automatically get her because hes in a better financial standing? Are their reprocutions for falsefiying information on the service do...ents?

-- Contributed by: Anita Noble

In some jurisdictions, the Court can grant a divorce without all of the issues surrounding custody, maintenance, and marital property having been decided. An agreement may be reached that the matrimonial home be sold at a later date (when the youngest child is 18, for example) and the proceeds split at that time. Consult with an attorney in your area to see if this can be done in your situation.

-- Contributed by: JCRedmond

In a divorce case does the parent with custody have a right to live in the house until the child turns a certain age or can the house be sold 50/50 at the time of divorce?

-- Contributed by: Jen
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