What is the name of your state (only U.S. law)? CA
Hello,
First time posting though I have been reading here for some time which helped with a lot of general questions. I will try to be as brief as possible but my unique situation will require me to add a few details. So sorry for the long read.
I seperated from my wife in OCT 2001 after 12 years of marriage while I was on active duty in the military. I filed for divorce in NOV 2001 and it went before a judge in MAR 2002. The judge temporarily awarded her 50% of my income for child and spousal support. In JUN 2002 we tried to reconcile and I moved back in with her but never took the divorce off the books, we just never filed the decree. We had by that time seperated all finances and debt. Since that time my wife has had an allotment from the government paid directly to her and we never stopped it. When I retired she continued to get 50% of my retirement. In NOV 2006 as I neared retirement we knew that it wasn't going to work and in the meantime I had lived very little in the house we were renting due to military deployments and by NOV 2006 I had ceased to live at all or share anything. In APR 2007 I retired and attained civilian employment and have continued to cover her under my federal medical insurance and my civilian employer dental insurance. I have delayed in continuing the divorce to allow her to get on her feet and cover her medical and dental. But it has been 3 years and shes dragging her feet and I need to get on with my life.
That being the background I have a few questions (please let me know if in the future I should break them down to seperate threads)
1) Can I continue the origional divorce filed in 2001 or due to the length of time and the fact that I did move back into the house for some time negate that divorce?
2) Is Spousal support now based on the 1 NOV 2006 seperation date? She was supposed to find employment in NOV 2006 but has failed to do so. She tried to flip houses and even managed to sell one where she enjoyed the full $70,000.00 income from that sale in 2007 but with the economy her ability to continue in the housing marked is flat.
3) I know that she is entitled to a portion of my military retirement for life, (got to love that military law), but what portion? I know it is not 50% since at least it was 12/20th of my 20 year career and up to the max of 18/20th since I was in the military 2 years prior to marriage.
4) Since we have continued to have seperate credit cards and seperate checking/savings would I have any obligation for the debt she incurred since NOV 2006? She has right now a house that she purchased on her own in her name only that I want no part of nor responsibility for. I fear her filing bankrupcy or being forclosed upon as she really has streched herself out.
Thank you and again sorry for the length.
ED
Hello,
First time posting though I have been reading here for some time which helped with a lot of general questions. I will try to be as brief as possible but my unique situation will require me to add a few details. So sorry for the long read.
I seperated from my wife in OCT 2001 after 12 years of marriage while I was on active duty in the military. I filed for divorce in NOV 2001 and it went before a judge in MAR 2002. The judge temporarily awarded her 50% of my income for child and spousal support. In JUN 2002 we tried to reconcile and I moved back in with her but never took the divorce off the books, we just never filed the decree. We had by that time seperated all finances and debt. Since that time my wife has had an allotment from the government paid directly to her and we never stopped it. When I retired she continued to get 50% of my retirement. In NOV 2006 as I neared retirement we knew that it wasn't going to work and in the meantime I had lived very little in the house we were renting due to military deployments and by NOV 2006 I had ceased to live at all or share anything. In APR 2007 I retired and attained civilian employment and have continued to cover her under my federal medical insurance and my civilian employer dental insurance. I have delayed in continuing the divorce to allow her to get on her feet and cover her medical and dental. But it has been 3 years and shes dragging her feet and I need to get on with my life.
That being the background I have a few questions (please let me know if in the future I should break them down to seperate threads)
1) Can I continue the origional divorce filed in 2001 or due to the length of time and the fact that I did move back into the house for some time negate that divorce?
2) Is Spousal support now based on the 1 NOV 2006 seperation date? She was supposed to find employment in NOV 2006 but has failed to do so. She tried to flip houses and even managed to sell one where she enjoyed the full $70,000.00 income from that sale in 2007 but with the economy her ability to continue in the housing marked is flat.
3) I know that she is entitled to a portion of my military retirement for life, (got to love that military law), but what portion? I know it is not 50% since at least it was 12/20th of my 20 year career and up to the max of 18/20th since I was in the military 2 years prior to marriage.
4) Since we have continued to have seperate credit cards and seperate checking/savings would I have any obligation for the debt she incurred since NOV 2006? She has right now a house that she purchased on her own in her name only that I want no part of nor responsibility for. I fear her filing bankrupcy or being forclosed upon as she really has streched herself out.
Thank you and again sorry for the length.
ED
