Skip to main content
Eashaan Vajpeyi

Eashaan Vajpeyi’s Answers

6 total

  • If I disolve relationship am I entitled to half of the property

    Eashaan’s Answer

    The first question is, are you actually married? It sounds like you may only be engaged. If you aren't married then you might have equitable claims for the utility payments you've made and given the probably size of those you could bring a small claims actions and maybe persuade a judge. However you probably benefitted from those utility payments in part by living with him, so you might not get them all back.

  • How does my friend go about getting a divorce while he's incarcerated?

    Eashaan’s Answer

    Your friend can call a divorce attorney like anyone else and have his wife served with a Petition for Dissolution of Marriage to start those proceedings. The fact that she doesn't want a divorce doesn't mean he can't obtain one if that is what he wants. Alternatively he can probably download the forms from the Iowa Judicial Website to do his own Petition and then find a way to have her served, if he can't afford an attorney.

  • What happens when you leave money to a child and he's not divorced from his spouse but has been separated years

    Eashaan’s Answer

    I think you're asking about whether inheritances or gifts from you to your child, who is still married, will be handled during a divorce. Generally speaking inheritances and gifts to one person in a marriage that is not intended to be a gift to the "couple" will not be part of what is split up during the divorce, unless the judge feels that it must be split to avoid substantial unfairness. Talk to an attorney who understands wills and divorces to draft the proper documents and make sure to document that you're intending to leave the gift or inheritance to your child only, not the couple.

  • Is she entitled to half the house? Do I have to sell in divorce? Why can't I keep it since she abandoned it??

    Eashaan’s Answer

    She is not necessarily entitled to half the house. Iowa law on divorce requires that the assets be divided equitably or fairly. If you owned the house prior to the marriage and she contributed nothing you can make the argument it is not equitable for her to receive the benefit of any equity growth. Most judges however will find her entitled to at least some portion of the equity built during the marriage because it is a marital asset. You do not have to sell the home if you want to keep it. You may simply buy her out of whatever share of equity she is owed, after dividing all other assets and debts, with cash you have or that you get through a refinance.

  • So after we filled everything, should we schedule a hearing? Is hearing required?

    Eashaan’s Answer

    If you are in agreement and have drafted a final stipulation addressing all issues you will also need to prepare a Decree, which is the document signed by the judge incorporating the provisions of your Stipulation and actually ordering the divorce. If you have these forms prepared your county courthouse has a time in the morning where you and your husband can appear before a judge, it is called "order hour" and have those documents reviewed and signed. Call the clerk of court and ask when this occurs. This should negate the necessity of a formal hearing in most instances.

  • What can I do to push a divorce threw faster?

    Eashaan’s Answer

    It is correct that your spouse is under no obligation to sign divorce papers unless they relate to some kind of prior obligation. You could attempt to contact an attorney to help you set up a mediation between you and your spouse where a third party neutral attempts to resolve the contested issues. This may help break through the communication block you and your spouse may be experiencing. Most attorneys will offer a free consult on these cases. I recommend contacting a local family law attorney.