IN THE COURTS
"Straight answers to tough questions from people 
going through real divorces from a top divorce lawyer."
By Jim Gross, Esq. http://www.divorcenet.com
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Question: 

The husband will have a $1.5 million retirement fund - the wife will have a much smaller one. They have been married 30 years, during which time he acumulated this retirement fund in his job. In a divorce settlement would she have the rights to some part of his retirement benefit? -- Ward 

Answer:

Ward: Pensions are marital property, to the extent they were earned during the marriage, and can be divided between the spouses by the divorce court. 

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Question: 

My Final Hearing was held and my husband lied on the stand about his pension plan. He said the value was $3,500 - has worked for the Federal Government for 14 years - I believe he "forgot" several zero's in his calculalions. We have not signed the Final Judgement yet. Can I ask the courts to verify the value of his pension prior to signing? -- Debbie 

Answer:

Debbie: You'll have to do more than ask. The court is passive. It relies on the parties to present evidence. There is still time for your lawyer to file a motion to reopen the hearing, but you need to have proof and you need to act fast. 

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Question: 

How do I get out of this crummy marriage? -- Mary 

Answer:

Mary: Through a difficult and expensive process called divorce. Avoid it if possible. But sometimes you have no choice, either because your spouse wants a divorce, or because you made a mistake and need to correct it to have a better life. 

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Ask Jim Gross, Esq. your questions at 
http://www.divorcenet.com
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Answers are not specific legal advice but information we believe will make matters less difficult for you. The law is always subject to amendment by the legislature to reinterpretation by the courts, to different application by different judges and different states and to factual variations from case to case. Before acting on what you have read, talk to an attorney first.

No information or materials posted here are intended to constitute legal advice, nor can we guarantee the accuracy of posted information, especially as to each individual situation. gophercentral.com/PENN LLC. does not independently check the information contained herein and does not refer or endorse any product, service, or firm. This site does not constitute an attorney-client relationship; local counsel should always be consulted.