Posts Tagged ‘ alimony ’

What happens if I get a divorce and I am going to obtain an inheritance or money?

As a general rule, money that is not commingled and from an inheritance is not part of the divorce proceedings.

If you are planning on obtaining a sum of money that is outside your normal income from an inheritance then you should keep the money in a separate account.

There are always angles and avenues that attorneys will attempt to use to have the money part of the proceedings, but the major factor is whether the money has been commingled with other accounts.  The best advice is to keep any money that is from parents or inheritance in a separate account and not touch it until the divorce is final.

Have a great weekend and don’t hesitate to contact me if you should have any additional questions.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

I just filed for divorce. What do I do between now and the court dates?

“I just found out the court dates are scheduled to take place in a few months. What am I supposed to do in the mean time?”

After you file for divorce, the courts will set various dates and times to appear in court or in front of the Friend of the Court (FOC); typically these dates will be scheduled to take place several months into the future. During the interim there are typically issues that need to be addressed prior to the court hearings.  The most common issues that arise are (a) who pays the bills and (b) who has custody of the children during the pendency of the divorce.   There are programs and paperwork that can be filed to obtain some clarity during the first couple of months of the divorce process.

1.  Ex-parte or Interim Orders:  These are Orders that are signed by the Judge shortly after the case is filed that state how the basic bills should be paid and that all the issues shall remain “status quo”.   Status quo means that the parties shall continue as they have and nothing shall change, including who pays the bills and who has custody and parenting time of the children during this trying time.

2.  Conciliation: This is a program in Livingston County where a third-party attorney, normally Bonnie Miller, will meet with the parties to discuss a short-term plan and assist in resolving monetary issues and parenting time schedules.  These plans are on an interim basis until the divorce is final.Court Date Divorce

No matter what the circumstances are, divorce is never an easy thing to go through. Don’t hesitate to contact me for free if you have any additional questions. We can discreetly discuss your case and determine the options that make the most sense for you.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

I am thinking about getting a divorce. Will I have to pay my spouse alimony/spousal support?

Unfortunately there is no simple answer to this question and it will all depend on the variables of your specific situation.  There is no formal statute or law stating that spousal support has to be paid, but there is a formula that is run to determine the strength of any spousal support case.

The formula/algorithm takes into account several variables, but the two key indicators are the length of the marriage and the incomes of the parties.  The computer program will take all of the variables into account and assign a number between 1 and 100. A higher number will indicate a stronger case for spousal support and some Judges won’t award spousal support unless the number is 80 or higher.

This number will help the Judge determine the dollar amount to be paid each month and the duration of the payments.

In addition, either an order from the Judge or negotiations between the two parties can help determine if a monthly rate will be locked in for the duration of the payments or if payments can fluctuate.

No matter what the circumstances are, divorce is never an easy thing to go through. Don’t hesitate to contact me for free if you have any additional questions. We can discreetly discuss your case and determine the options that make the most sense for you.

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Marcus D. Wilcoxalimony

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.