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Monika U. Holzer Sacks

Monika Sacks’s Answers

30 total

  • In a no fault state, can a spouse still get spousal support if they have a boyfriend/girlfriend?

    if husband and wife have been separated for over a year and one got into a relationship, not living with each other though, could the one with the new girlfriend/boyfriend, still have a chance to receive spousal support in a no fault state?

    Monika’s Answer

    In Michigan, whether a spouse can collect spousal support is dependent on 11 factors, including the length of the marriage, the income of each spouse, whether they had children during the marriage, whether one is at fault for the breakdown of the marriage, the age, health and education level of the spouse requesting spousal support, is there anything that inhibits the spouse from working, the general standard of living that the couple enjoyed while there were married and need.

    It is possible that if the spouse with the girl/boyfriend meets the criteria for spousal support, they could qualify. However, the income that the girl/boyfriend brings to the home, assuming they are living together, will be considered. If they had the girl/boyfriend during the marriage and that relationship contributed to the break up of the marriage, that will also be considered.

    Given the amount of information you provided, it is difficult to tell. You should check with a lawyer, provide the additional information and get an opinion.

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  • I live in WV and got divorced 8yrs. ago, there was a QDRO granted at the time, since then my x-wife has remarried , is she still

    intitled to half my pension?

    Monika’s Answer

    I do not practice in your jurisdiction. I suggest you confer with a lawyer in the state where your divorce was granted.

    A Qualified Domestic Relations Order divides benefits from an employer provided retirement plan. Usually, it divides the portion of the plan that you earned during your marriage to your spouse. The fact of her remarriage does not change the property that the two of your accumulated during the marriage or what you agreed to divide at the end of the marriage. If the judge ordered the division of your retirement by QDRO, that does not change the situation.

    Also, property settlements can only be changed if there is proof of fraud or mutual mistake of fact. In many jurisdictions, that must be shown in a relatively short time after the marriage, such as a year or two.

    From the facts that you have presented, that seems unlikely. However, you are best served by conferring with an attorney in the area where the divorce was granted.

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  • Can my wife get my inherited property from me when we divorce?

    I have been separated from my wife for 5 years now, and I have inherited property from my grandfather. Can my wife get that property when we do get a divorce?

    Monika’s Answer

    I do not practice in your jurisdiction. Many jurisdictions exempt inherited property from the marital estate if the property was kept separate from the other spouse and that spouse did not have a hand in obtaining the property. For example, your spouse may have cared for your grandfather before he died.

    You should collect the documents pertaining to the inheritance and consult a lawyer to get an answer. Then you should think about whether it is time to divorce you wife. If not, then get direction from the lawyer about whether there is a way to protect the inheritance.

    Good luck.

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  • No house, no children, husband fighting divorce, what are my options. he kicked me out several times, I finally left .

    I filed for divorce, want to leave state, cannot afford a lawyer. He has children whom I did not adopt. We have very little marital assets. Property already split up.

    Monika’s Answer

    If you filed for divorce and really want to be divorced from your husband, then you should find out what is left to be done to finalize the case. I do not practice in your jurisdiction, but there is probably a waiting period from the date you filed until you are eligible to complete the divorce. Find out what that is. You should also check whether you need to be a continuous resident of Colorado during the waiting period. If you need to stay in the state, that answers your question. However, many residency requirements are met if you have lived in the state for a certain period of time before you filed for divorce. They don't require you to stay in the state during the divorce. Then the question becomes, if you leave Colorado, can you afford to return once the waiting period has expired to complete the divorce. If you do not meet the requirements, your divorce will probably be dismised and you will remain married to your husband.

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  • WE HAVE MAINTAINED A LOT NEXT TO OUR HOME FOR 14 YEARS WHICH INCLUDES CUTTING GRASS IN THE SUMMER AND RAKING LEAVES AND FILLING

    APPROX 20 BROWN LEAF BAGS INTHE FALL WE DID THIS BECAUSE WE DID NOT WANT A "BLIGHT: IN OUR LOVELY NEIGHBORHOOD JUST YESTERDAY THE OWNER PUT A FOR SALE SIGN ON THE PROPERTY AND WE WOULD LIKE TO BUY THE LOT BECAUSE THE LOT IS SO SMALL WE DO NOT W...

    Monika’s Answer

    In order for you to claim adverse possession, you would have to have maintained it for at least 15 years. You should confer with a lawyer regarding whether you meet the requirements of the statute. Since your question indicates 14 years, you may not have achieved this. The owner might be interested in selling it to you for a reasonable price since it is small. You might also check your local zoning ordinance and check to see whether the lot is buildable. There are usually set back requirements for any building. If the lot is too small, it may not be possible to build on the lot without getting variances. That will affect the value of the land. You should take that into consideration too.

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  • What can I do to keep the divorce proceedings moving forward?

    The spouse and I discussed and agreed to divorce and the terms. I petitioned Pro Se for the divorce in June 2010. She hired an atty and countered. She & her atty met with me and came to an agreement to everything but 2 items prior to court hearing...

    Monika’s Answer

    It sounds as though you need an attorney to "finish up." Many courts require the case to remain active. One danger you face due to the amount of time that has passed is that the case may be dismissed for lack of progress. Also, if you are not actively registered with the Court, your spouse may be able to complete the case on her terms.

    I suggest you gather all your papers and make an appoinment with an attorney who does family law. Talk with the attorney and develop a plan for completing the case soon.

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  • Can I be charged with abandonment if I leave my husband and the children stay with him instead of coming with me?

    I want a divorce and my husband refuses to move out of the house, he states he does not want to leave the children. If I get a room nearby and still pick up my children every day from school and stay with them until my husband gets home from work...

    Monika’s Answer

    You should confer with an attorney in your area who focuses his/her practice on family law and also mediates or uses collaborative practice. You can hurt your case by moving out of the home, without a written agreement that states what time you will spend with the children and how much time the children spend with your husband. Many states measure the amount of time children spend with each parent by the number of overnights the children spend with each parent. Based on what you are describing, your husband will end up with more overnights. That will make it hard for you to argue for primary custody. You may also be entitled to other assistance from your husband, such as child support, spousal support and property. I suggest you confer with an attorney soon to find out the best way to approach this situation. In most states, if one party wants a divorce, the judge has to grant it. Let an attorney explain ways, using mediation or collaborative practice, where hopefully you can settle your differences but remain civil to each other.

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  • My husband walked out of the house we both own

    he want to live with a nother woman we are now divorced but i have to pay the morged all by my self as he pays nothing since the day he walkd out can he make me sell help

    Monika’s Answer

    The answer to your question is in your divorce decree or judgment of divorce. You should read it again to find out what it said about the house. If it requires you to pay the mortgage or sell the house, then yes, you do have to do those things. However, if you cannot meet the terms of the mortgage, you should talk with your bank about your options.

    Check in your community for a women's center where they may be able to help you.

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  • My husband walked out of the house we both own

    he want to live with a nother woman we are now divorced but i have to pay the morged all by my self as he pays nothing since the day he walkd out can he make me sell help

    Monika’s Answer

    The answer to your question is in your divorce decree or judgment of divorce. You should read it again to find out what it said about the house. If it requires you to pay the mortgage or sell the house, then yes, you do have to do those things. However, if you cannot meet the terms of the mortgage, you should talk with your bank about your options.

    Check in your community for a women's center where they may be able to help you.

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  • Can i take the marital car back

    after being removed from the property for hitting my daughter my husband came back after he was served with a no contact order and took the family car at night with his spare key i found out where he has it but since we're still married can he cal...

    Monika’s Answer

    First you will have to file for divorce to get court assistance. I suspect that a judge would order your husband to return the car to you. If the car is titled to you, the police may assist you without a court order. However, many police agencies take the position that it is a civil matter and will refer you to the court.

    Check in your community whether there is a domestic violence shelter or a women's center that may assist you in getting some legal help.

    Your legal representative may also help you file for child support and possibly spousal support. You may also get some help in paying your other marital oblgations.

    Good luck.

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