LoveToKnow Divorce:AllComments

Comments

SW,

In the divorce papers, you are required to reveal all of your assets, including your 401k. All assets you and your husband acquired during your marriage will be divided according to the laws of the state where you live. If you and your husband are not able to reach an agreement on your own, the Court will decide how your assets will be divided. In most states, they will be divided equitably - which doesn't necessarily mean a 50/50 split.

Here is a link to an article that will provide you with some more information:

http://www.nolo.com/article.cfm/objectId/C75906FE-22D5-485C-BF77170850E16820/118/246/107/FAQ/

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

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I have been living apart from my spouse for about 6 yrs now....finally want formal paperwork dissolving the marriage and to obtain child support for our two children. I plan to purchase a home within a year so i feel I need the divorce first. Does he automatically get my half my 401k or does he actually need to sue me for it?(i am positive he has no plans to hire an attorney unless someone tells him he can try to get the 401k money i have. We have no assets together, we rented an apartment for the 3 years we actually lived as a married couple.

-- Contributed by: sw

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Gina,

If you are unable to find your spouse, it is possible to have him served through publication - a notice of your filing for divorce is placed in the newspaper for a specific number of days. This alternative to personal service is available with the permission of the Court. Contact an attorney and/or the Court Clerk in your city to find out what forms must be submitted to request permission for this service option.

JC Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

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What if someone is seeking a divorce and can not locate their spouse to sign the papers? AND they haven't been together for 12 years because one of them was in jail? What then? ginapitrello@gmail.com

-- Contributed by: Gina
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