My ex-wife and I were divorced in Germany. Since we both work for the US Army, the courts could not award alimony, so my lawyer drafted an agreement that I pay $9,900 annually to my former spouse. In 2005 and 2006, she failed to claim the amount on her tax return, and now I have been audited by the IRS. My question, is an agreement by my lawyer considered a written agreement for alimony? – John

Answer:

John: Your attorney or tax preparer is in the best position to argue the facts of your particular case with the IRS. But here are some general principles. In order for alimony to be deductible, payments have to be required by a written instrument incident to a divorce. That instrument can be a decree of divorce or a separation agreement. A person can authorize an agent to sign an agreement on their behalf. An attorney is an agent of the client.

What is the average cost for a No-Fault divorce? – Lottie

Answer:

Lottie: First, a no-fault divorce usually means you are proceeding under one of the separation grounds rather than adultery, desertion or cruelty. Other issues, like children, alimony or property may still be contested, that is, unless you have a separation agreement. Then you are talking about an uncontested divorce. I have seen uncontested divorces advertised on the Internet for around $500, but it varies from lawyer to lawyer and location to location. And that fee does not include drafting and negotiating the separation agreement, which is 99% of the divorce, and may be the largest cost. Also, lots of clients have told me their divorce is uncontested, but their spouse doesn’t agree and it turns out to be a contested divorce.

My husband wants a separation, and I suspect I will be eventually presented with divorce papers. We've been married 16 years, and have 3 kids. He makes more in his job than I do in mine, but with a side business (that I began) I make more than him. In addition, I was given a piano worth $50 thousand dollars. Are their legal steps I need to take to protect these things prior to the divorce? – Cindy

Answer:

Cindy: Gifts are not marital property. A business started during the marriage is marital property. The only way to protect the business before divorce is with a postnuptial agreement.

Husband said he was going today to get my name taken off of the house. Is there anything I can do to protect myself? – Beth

Answer:

Beth: One spouse cannot remove the other spouse’s name from a deed. Both spouses would have to sign to make this happen.

Me and my husband want a divorce. We have rental properties that are currently under rent to own agreements. If he is willing to let me have them is that a issue? I have done all work to acquire and keep these properties. he has no interest in them and said i could have the hassle. – Tara

Answer:

Tara: The Court will usually approve the agreement of the parties, as long as it is in writing and signed.

I have a signed separation agreement in place. However, my husband refuses to move out of the house. Also before I could get the deed changed on one of our properties (it's to be mine) he has gone to the bank and is using it for "collateral" to obtain a home equity loan. What recourse do I have in these matters? – Denise

Answer:

Denise: You can ask the court to enforce the separation agreement or sue for damages caused by his breach of contract.

I want to start divorce proceedings. We have 3 minor children two (age 14) and one (age 9). Since we do not get along and he will not leave the home, I did. I'm am in constant contact with the children and make sure they have everything they need. I have been advised by friends to return home, as this will give him grounds for me abandoning the children. Is this true? – Connie

Answer:

Connie: In a divorce, spouses are likely to use anything you do against you if they can find a way. I recommend to my clients in your situation that they come home to fix the children meals, help them with homework, tuck them into bed and then leave at night if they are trying to establish separation for the divorce without hurting their custody case.

If my exhusband is fired from his job will he be able to have the child support reduced? If he just quits can he get it reduced? If he does get fired and gets it reduced and finds another job making less money, will the child support be based on his new salary? – Mitchell

Answer:

Mitchell: He can petition the court to modify child support if circumstances change through no fault of his own. The court can impute income to someone who voluntarily makes less money.

What can one parent do when the ex continues to lie to the children about the other parent and turns the children against that parent? Does the parent have any way to request counseling or mediation a year after the divorce? The ex is the primary custodian, and the other parent has gone above and beyond the divorce agreement to take care of the children, but has now received notice the ex wants to remove me as joint custodian? – Amy

Answer:

Amy: The court always keeps jurisdiction over child custody and can modify it, even after a divorce, when that is in the best interests of the children. A parent can request the court to order counseling and mediation in a custody matter and some courts require it. The court views

I'm CP. Mom and I recently settled. Since Mom leaves out of state, son lives with me during the school year and with mom in the summer. I get one week period with son, but the wording is a bit weird. It reads: 'Father shall have summer visitation with minor child pursuant to the following schedule...for one week, each summer, of Father's choice, with at least 45 days written notice.' Does this mean I can only visit, and not get overnights? That's not what was intended. – Nick

Answer:

Nick: Visitation means care, custody and control of the child. It is actually a form of custody. One week summer visitation includes overnights.

What is a quitclaim deed used for? If my x has moved out of state and I do not know where will this let me sell my home without him? This is joint property. – Linda

Answer:

Linda: A deed is the way that real property interests are transferred. In a divorce, sometimes one spouse will transfer his or her interest in the property to the other. The other spouse then has sole title to the property and can sell it.

My husband signed an agreement with his ex wife at the time they divorced. The agreement was incorporated in the divorce decree. My husband obligated himself to make payments of "xxx" for 8 years. Two years went by and the circumstances have changed a lot. He does not have a job and has used all sources of income he had. Can any changes be made? He still want to pay but he has to find a new job first. What should we do? – Alex

Answer:

Alex: Child support is always modifiable by the court if circumstances change due to involuntary and unforeseen events. So is alimony, unless the parties make it non-modifiable in their agreement. First see if the ex will agree to a change. If not, you will have to file for a modification with the court.

MY X-FIANCE & I HAVE A CHILD IN COMMON,NOW 5 YRS. OLD.SHE SWORE IN BOTH SUPPORT COURT AND FAMILY COURT I WAS THE FATHER.NOW AS A DELAYING TACTIC SHE HAD HER 5TH ATTORNEY (YES FIFTH)FILE A AFFADAVIT THAT CASTS DOUBT ON MY BEING THE FATHER.(I ASKED FOR SUMMER VISITATION I'M A TEACHER) I SUBMITTED AN ESTOPPEL ARGUMENT. HER LAWYER NO LONGER REPRESENTS HER. WHAT HAPPENS TO THE PATERNITY QUESTION THAT SHE FILED ON MY X'S BEHALF????? – GINO

Answer:

GINO: The case will go forward. Either she will represent herself or a new attorney will enter an appearance.

I have a friend who want's a divorce. Grown kids. nofault. He is offering 50%right down the middle. His wife of 31 Years is bitter and wants to get even. The marraige has been over for 10 plus years. Moderate assets. How can he convince her to go to a mediator instead of an attorney? The attorney will only eat up part or all of her settlement. – Sandy

Answer:

Sandy: It seems to me that he can only tell her his view of things and hope that logic and economics prevail over anger and revenge. I am reminded of an old poem.

Convince someone against their will.

They’re of the same opinion still.

What would my husband benefit by filing an extension to answering the divorce complaint against him? His attorney has asked for an additional 20 days. – Emma

Answer:

Emma: It could be as simple as the lawyer is busy with other cases or your husband is trying to put together the retainer for the lawyer. I try not to worry about what the other side is thinking and I can’t read their minds anyway.

I have just been served with divorce papers filed by my husband. Can I remove him from my health insurance coverage? – Nita

Answer:

Nita: While you probably can remove your spouse from your health insurance coverage, I recommend against it with my clients. The reason is that a catastrophic accident or illness could leave your spouse without assets or income and that could be a disadvantage to you in your divorce.

i have signed a separation agreement ,but my question is can i still contest the divorce ? when i signed the agreement i was under the impression that my wife wanted time and people she knew convinced me that if she bought anything we would have just more assets ,but come to find out as soon as i signed this agreement she moved into her exhusbands house ,they are back together she denied it until i signed the agreement ,i will seek to sue him for alienation of affection as well as his sister ,but can i stop the divorce or at least contest it? – Chris

Answer:

Chris: You can contest the divorce, and slow it down, but not stop it. Also, you really need to think about what you hope to accomplish. The agreement will probably still hold and there is no claim for alienation of affection in most states (Maryland included).

I was awarded a Guardian Ad Litem by the JD&R court. Our first home visit is tomorrow. What can I expect this first visit to be like? What do you think the GAL is going to be looking for exactly? I'm not interested in badmouthing my ex, but, feel the need to convey my concerns in an appropriate manner. – Katie

Answer:

Katie: The GAL will interview you and the child and observe the two of you at home and probably write this up in a report that the judge will read. Convey your concerns in a constructive manner by pointing out your strengths. For example, instead of saying your ex doesn’t help your child with his homework, say your child gets the help he or she needs with homework at your house.

I filed for a divorce and they said he didnt answer correctly. So, I tried to file default. It was denied bc I did not serve him within the 60 days but the summons said I had 90 days. Confused, what do I do now? – Kierra

Answer:

Kierra: Ask the court clerk to reissue the summons and serve him again.

I have been living with my husband for thirteen years. Our older child is eleven years old. However, we did not legally marry until six years ago. Would property accrued during our first seven years together be considered marital assets? – Barbara

Answer:

Barbara: Marital assets are only those acquired during the marriage. If the property acquired before the marriage is in joint names, you still have a claim, just not a marital claim. And, if you are on good terms, you can turn premarital property into marital property by putting it in joint names or with a postnuptial agreement.