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Divorce - Marital Agreement

Discussion in 'Alimony & Spousal Support' started by meranaam, Nov 13, 2016.

  1. meranaam

    meranaam Law Topic Starter New Member

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    Jurisdiction:
    New Jersey
    Been married for 13 years, but we have been living separately since past 11 years. We do not have any joint accounts, properties or anything.
    I have been married for last 13 years but me and spouse have been living separately since past 11 years and have not had much contact except for talking on the phone once in 3-4 months. 11 years ago, she had alleged false child abuse charges against me and took the child away. The reason I say false charges because her intention was to leave me and take full custody of the child and probably someone suggested her this child abuse idea and she went with it. And since the child was a toddler, the court went with the mother's version and awarded her the child's legal and physical custody and I took no visitation and since then I have been paying child support as per the court order. I do meet the child but maybe once or twice a year on the child's birthday or some other occasion. Now we both have decided to get divorced and mutually agree on the alimony terms and both are willing to sign a Marital Settlement Agreement. She does not want to come to the court and is ok with the terms we put in the agreement. It should also be noted that since past 11 years since she walked out, we do not have any joint accounts, insurance policies, properties or debts which hopefully should make the divorce simpler.

    My questions are:
    a) Should the Marital Settlement Agreement be filed along with the original divorce complaint or it should be filed later?
    b) She wants one lump sum alimony from me, rather than getting in installments and I am ok with the amount and giving it one shot as well. Does law allow me to pay a one time alimony or its not legal? Can we document the one time alimony in our Marital Settlement Agreement?
    c) We both agree that the child can have joint legal custody while the physical custody can remain with the mother, despite the fact that 11 years ago, the court had given the legal and physical custody to the mother. Given that she does not plan to come to the court to contest the divorce or even the joint custody, can I request the court for joint custody?
    d) She is willing to sign the summons acknowledgement in front of a notary, so can I serve the papers to her personally by myself or the courts wont accept that acknowledgement? She lives with her friends and doesnt want the cops or Sheriff's officers to come to her house.


    Regards.
     
  2. shrinkmaster

    shrinkmaster Well-Known Member

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    You need to discuss this and show document to an Attorney not a website
     
    army judge likes this.
  3. army judge

    army judge Super Moderator

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    I second what this smart person suggested.
     
  4. LdiJ

    LdiJ New Member

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    I will also add...why in the world would you agree to pay alimony at all when the two of you have been separated for 11 years? How has she been supporting herself for the last 11 years?

    Also, it would be difficult to get the IRS to consider a lump sum payment as alimony. They would tend to view it as a property settlement.
     
  5. meranaam

    meranaam Law Topic Starter New Member

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    After leaving me, my wife started working and thats how she has been surviving. My child of course gets my child support.

    Whether she legally qualifies for alimony or not, my conscious says that I should do my part and whatever the amount, I should give her some alimony. In regards to one lump sum amount vs. installments, I have observed that when the man gets into a new relationship, the new spouse always makes an issue of why one is paying the ex which can result in unnecessary quarrels. Hence I want to get it done once and for all so that when I start my life again, its with a clean slate.

    As for IRS viewing this lump sum as a property settlement, what impact will it have? As mentioned, we are not trying to hide anything and will specify the amount in the Marital Agreement.
     
  6. army judge

    army judge Super Moderator

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    It could have a severe (as in extreme) financial impact for one, or both of you.

    That's why you require an attorney to protect your money and your rights.

    If not, the IRS will trample you, as they march all over your rights!

    Then comes the present civil action, a divorce, which looks to extract money from the person with the most to pass along to the person with the least.

    Again, the right attorney can prevent such rights transgressions, as well as wealth confiscation.
     

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