My stbx and I have not yet come to an agreement on alimony and ED. He withdrew his alimony case from the court. He is being totally unreasonable and asking for way more than I can afford and is playing games although there was no fault. He is just lazy. Can I stil file for divorce after one year and one day if we have not come to an agreement on these issues? What happens to his alimony and ED?
You can file for divorce at anytime after you have lived separate and apart for one year and one day.
If the divorce is entered and he does not file a claim for alimony before the judgement of divorce is granted he will lose any claim to the same.
With respect to ED, the right to have the court distribute property is also lost upon divorce if a claim is not pending first. If you file for divorce, include a claim for ED.
How long does he have to file the claim for alimony after I file for divorce? And, does this delay the final divorce?
It will not delay the divorce, and he has up until the actual divorce is granted to file.
several more questions Erin. Thank you!
What happens if he gets to the courthouse before I do, and files for alimony?
Can I still file a claim for ED (of debt) within the timeframe before the divorce is finalized?
He is asking for 150% more than the judge awarded in PSS, saying that since he has had to lower his standard of living, that I must too. I have my standard of living by an huge amount, but he seems to think that the judge will allow for up to 150% more in alimony because i have the better job and the house tha has negative equity about $18,000, so I can’t sell and to keep in living in which he was accustomes to before dos. He keeps saying that his attorney(s) have told him this and by rule of thumb, I must give him 10% of my income.
If he files a claim for alimony the same can be decided by the judge, even after the divorce is granted.
Yes you can file for ED anytime before the divorce is granted.
There is no rule of thumb that I know of regarding 10% of your income.
Welome back Erin!
When filling out the paper work including the complaint for absolute divorce (we have lived apart one year and one day) , do I remain the Defendant in the case and use same case number as with the PSS or move as the Plantiff using same or different case number?
Thanks!
You would file as Plaintiff under a new file number which the clerk will issue when you go to file the complaint.
Can I file for ED after I file for divorce? I dont’ know for a fact that he will include a claim for alimony, but if he does after I file, I want to be able to file for ED.
You must file for ED before the divorce is granted.
ok so. I can file for divorce and if he files for alimony prior to divorce being finalized I can file for still counterclaim for ed? Correct?
You can file a counterclaim for ED so long as the divorce has not yet been granted.
What happens when the divorce is granted, and an ED claim has been lost? Who gets the property? Does it stay in the party’s possession that had it at time of divorce or at time of separation?
Can any legal case be brought to recover an item of property from the spouse after ED has been lost?
If ED is not filed before the divorce is granted the claim is lost and all property becomes the property of the title owner. If owned jointly the property remains joint.
I filed for my divorce today. I am hoping that my stbx and I can come to a reasonable resolution on Alimony. I know he has up to the final divorce to file a claim for alimony. However, If he files a claim for alimony do I have the same 30 days to respond with the claim for ED? How am I notified of he files for alimony?
He will have to serve you with his answer and counterclaim. You can file for ED at anytime prior to entry of the divorce.