回复:离婚正在进行时,丈夫已转走大部分钱,迷茫困惑中,寻求帮助

来源: apt 2011-08-09 15:10:24 [] [博客] [旧帖] [给我悄悄话] 本文已被阅读: 次 (2156 bytes)

First and foremost, you need an attorney. That is for your own protection and the best interest of your child.

1. The money he transferred. It is hard to answer your questions without knowing some basic facts. AZ is a community property state such that any income he earned during marriage would be community property and you are entitled to half upon divorce. However, the account may be established before marriage and part of the money may be his separate property, which you have no claim. This involves tracing. Second thing is whether you had a prenuptial or even post nuptial agreement to give up anything. Or, any your conducts could be labelled as transmutation that transferred the account to his separate property. Again, these questions can only be answered by consulting with a family law attorney. It also matters what kind account that is, e.g., TOD or POD.

If, the money he transferred is community property, you are entitled to half. He, as the hu*****and, only has right to manage and control the money. Any gift to a third person is valid only with your consent. Without such consent, you can hold his sister liable for half of the money transferred.

2. Since you have been married only for 3 years, there is little chance you will have spousal support. However, given your current situation, a court may order some. That is totally discretionary.

3. That is nonsensical. First, you have little chance to get spousal support so that is not a bagaining chip for you. Second, child custody and child support can be changed any time before majority. You need an attorney to protect not only your benefit but the interest of the child.

4. That you need consult an immigration attorney.

5. Depends on what exactly happened, it may or may not be abuse. Abuse could be mental or physical. Without knowing any evidence, it is hard to say.

6.Again, it will be foolish to do it DIY. Since you do not have income, a family law attorney can request your hu*****and to pay for the attorney fees or from the community property. An hourly rate of $250 to $350 is normal for family law attorneys.

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回复:回复:离婚正在进行时,丈夫已转走大部分钱,迷茫困惑中,寻求帮助 -天秤女子- 给 天秤女子 发送悄悄话 (103 bytes) () 08/09/2011 postreply 16:09:08

这个回答很中肯 -汉代蜜瓜- 给 汉代蜜瓜 发送悄悄话 汉代蜜瓜 的博客首页 (0 bytes) () 08/10/2011 postreply 19:41:58

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