Skip to main content
Richard K. Hart
Avvo
Pro

Richard Hart’s Answers

7 total

  • I'm trying to determine venue for a dissolution.

    if the petitioner and respondent married in North Carolina, the petitioner moves back to WA, and the respondent is stationed overseas, can the dissolution take place in WA since the petitioner is in WA now?

    Richard’s Answer

    Your use of the word "stationed" suggests that your spouse may be in the military. If so, there are going to be some special limitations on any state court action based upon a federal statute known as the soldiers and sailors relief act. You will want to make sure that your lawyer has his or her ducks in a row with respect to compliance with that statute.

    See question 
  • Are there any benefits to waiting to get divorced after being married for 10 years?

    My husband and I have been married for 8 years. He wants to get a divorce (and I don't). Someone told me to drag it out until we hit our 10-year mark because there are more benefits for the respondent (me). Is this true? My husband wants to divorc...

    Richard’s Answer

    I agree that "dragging things out" in any type of obstructive way would not be productive. On the other hand, in some cases qualification for Social Security based on the higher earner's income can be an issue. If your spouse does genuinely want to be "amicable" the timing of the actual entry of a decree of dissolution could be negotiated. You could certainly negotiate a separation contract dealing with all aspects of your case, and then just agree that decree would only be entered after the 10 year mark. All of this would certainly be easier said than done, but certainly feasible in theory.

    See question 
  • Divorce attorney with Military divorce case experiences

    Can anyone help to introduce a divorce attorney who have experiences of Military spouse divorce cases? I live in Vancouver Washington. Thanks a lot.

    Richard’s Answer

    • Selected as best answer

    I think that is a really perceptive answer to call someone and see if you can get through to the JAG office at joint base Lewis McCord or Bremerton or Everett for the Navy. Just approach the thing really informally with whoever answers the phone there and try to get to the right person through the military bureaucracy. If they don't know anybody in the Vancouver area, maybe they could refer you to someone that does.

    See question 
  • Can I sue my husband's home wrecker in the state of Washington for pain and suffering?

    I just want to know if I can go after the home wrecker? Also how do we get the alienation of affection back in washington state?

    Richard’s Answer

    You would have to "write your legislator" about getting the alienation of affection cause of action back in Washington state – and I don't think there's much hope of that. The only real tactic to go after a homewrecker is to seek extra money in your divorce settlement for any funds that your husband has expanded for the homewrecker's benefit.

    See question 
  • How long do I have to claim property that was granted to me in a divorce?

    In my divorce (final in 2008) settlement I was granted an IRA that is in my ex husbands name. I tried a couple of times to have it transferred to my name. Each time I tried (which is only allowed in January) they said that he had to come in and do...

    Richard’s Answer

    It is not too late to make a claim. You need to make sure and have your own account set up. Interest on the original amount would depend on the wording of your divorce decree and/or appreciation in the IRA account. The institution should be able to act on the basis of your court document granting you the share of the IRA without cooperation or involvement of your ex. If not, you would need to hire a lawyer to bring a court motion to coerce your ex into cooperation or appoint a special master to sign the documents on his behalf. If the money is no longer there in the IRA, you would need to consult a lawyer to seek a money judgment against your ex for the missing amount. You would likely be granted that judgment, but collecting it from your ex would be another problem.

    See question 
  • Legal Rights to remove my name from Mortauge

    My Ex wife is suppose to refinace in 4 years and remove my name as the Judge order after 4 years its past that time and she wont do this-What is my legal rights to remove my name as my credit is looking bad as shes always late on the payment I ne...

    Richard’s Answer

    Try to exhaust absolutely all possibilities in explaining the situation to anyone that you are asking for credit. Many times they will recognize that something like this showing up on your credit report will not affect your borrowing ability. The problem with court action is that even if the judge were to order her to refinance, this would not force a potential lender to allow her to do so.

    See question 
  • What financial rights do I have after 7years of marriage, we are now legally separated. he owns the house .

    I have legally separated from my husband of 7 plus years. he owns the house. I was living in the house for the 7plus years. I paid for 1/2 the utilities, and a great portion of the food and household essentials. do I have the right to anything...

    Richard’s Answer

    As a spouse you already own a one half interest in his 401(k) contributions during the marriage. Your share could be distributed out to you right now in a divorce proceeding to a rollover IRA without penalty or tax under a Qualified Domestic Relations [court] Order (QDRO). Property in a marital dissolution in Washington is not necessarily divided 50-50, so you could argue for a greater than 50% share based on your payment of the medical insurance costs.

    See question