Question #92

My wife and I have been married for over 40 years. Last year, out of the blue, she first asked for a legal separation, and soon after mentioned a divorce. I have no idea what may have precipitated this; I am guessing that an affair may have been involved based on her and the suspected party’s actions and comments. A comment like” I didn’t think you would care” almost sounds like an admission, but she has steadfastly denied this. She has been reading Stephanie Marston’s book, “If Not Now, When?” which never leaves her side. (I question some of the advice given in this book.) She wants to sell our home and property and split all our retirement savings. My question is, can she legally get a divorce and walk away with half of our retirement funds that we worked so hard to get? My wife never had an income-producing job.

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Question #143

Is New York State a community-property state? Thank you.

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Question #220

My wife and I are thinking of a mutual divorce after having lived separately for two years in NYC. We are both Asian Indians by origin, and we were married in India in 1998. We own an apartment, and we are both titleholders. What’s the divorce process in NYC, how long would this roughly take if it is mutual consent, and how much would it roughly cost? Also, what exactly does equitable distribution mean? If I sell the apt. before the divorce process starts, would the proceeds count in the equitable distribution? Can we mutually decide the distribution of assets without involving the law?

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Question #326

Generally speaking, if a couple who reside in New York State decides to divorce and jointly own property in California, does the California property fall under community property rules of California?

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Question #316

In May of 2009, I moved to NY from Kansas. In August of 2009, I married a NY resident. In August of 2010, I moved back to Kansas, and we are still married. My name is not on the home deed or mortgage, but after almost six years, do I have any claim to the property or his 401K in the event of a divorce? Thank you.

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