If I am correct the business she started and incorporated was while we are legally married . she states I have no rights to it at all. We live in New York. Buy the way she wants out due to an affair.
2006-07-12 07:10:41 · 18 answers · asked by ciuajj 1 in Family & Relationships ➔ Marriage & Divorce
She had the Affair.
2006-07-12 07:44:41 · update #1
um, its tricky, if the business is in her name its hers, however, NY has lenient laws like CA, so if the income from that business is what supported the family then you are entitled to half of the profits i believe. contact a lawyer. if she makes more then you get alimony. women do it all the time and i think men should do it too.
2006-07-12 07:15:23 · answer #1 · answered by danielle s 3 · 0⤊ 0⤋
I believe, though I am not sure, NY is a communal law state meaning that anything aquired after the marriage becomes communal property.
The best thing to do would be to get yourself a good divorce lawyer and he or she will knwo what to do and know exactly what you are entitled to. It may be a little costly at first, but in the end it ensures that you get everything you are entitled to aquired by the two of you during your marriage.
I am sorry that your marriage is breaking up and I hope you move on and find a woman who will love you and not have an affair assuming it was her who had the affair.
2006-07-12 07:21:20 · answer #2 · answered by Raistliin 5 · 0⤊ 0⤋
Check with legal counsel in your state. In spite of the reason you are divorcing though, if you didn't put anything into the business you shouldn't get anything out of it. Taking half her business, or ruining it, isn't the way to get back at her....and which of you had the affair anyway?
Treat others as you'd like to be treated...take the high road and don't go for anything that isn't really yours (not talking legal issue here). You'll have a clear conscience and karma for it...whether it was she that had the affair or not...
2006-07-12 07:19:17 · answer #3 · answered by . 7 · 0⤊ 0⤋
Laws differ from state to state. There is a good chance that you have some rights to the business. The question is do you really want to involve yourself with it. Revenge is a waste of time. What is done is done. Move on and don't bother with making her life hell. Bother with making your life happier. Getting back at her is only a temporary fix for your wounded ego. Think long and hard about it. Is it really worth dragging out in court and paying tons of money to an attorney. Take that money (you would otherwise be giving to a lawyer) and plan a vacation for yourself or a night out. Hell with that money you could be on the way to your having your own business. (my divorce $17,000 and still going. My attorney gets paid $200 dollars per hour)
2006-07-12 07:17:49 · answer #4 · answered by geni 3 · 0⤊ 0⤋
The duration of the marriage doesn't matter if you live in a community property state, its halfsies based on appraised value of said business. You are also entitles to half of banked money, securities, bank CD's upon maturation, and everything you can stash before he gets served with divorce papers. To recover the credit card damages, you'll have to take him to court (you will also have the opportunity to get the interest, and depending on your state, 3 or 5 times the actual damages, for damages due to the distress of having your credit destroyed, and don't forget court costs). If you want to find out everything about him, try a one day pass on netsleuth. Its like $20, but you may get some useful dirt for the divorce. Good luck
2016-03-27 02:41:00 · answer #5 · answered by ? 4 · 0⤊ 0⤋
Not if youre not part owner, if its in her name, her social security number she's been paying taxes under, then its her business.
Has she a license that says soleproprietor? or Partnership with you?
Answer this question : If she had problems paying taxes on the business would the IRS come after you to pay on the taxes as well?
You can request spousal support/or alimony especially if youre use to living a life style that she has supported you with, and you stayed at home to take care of the house and kids, but only til you get on your feet not indefinately.
2006-07-12 09:53:20 · answer #6 · answered by pgbrady614 2 · 0⤊ 0⤋
As I understand divorce laws, IF you live in a community property state,ANY property that is aquired while you are married is eligble to be divided in half. If I were you I'd spend a little money & talk to an attorney noe. It will save you a big headache later.
2006-07-12 07:18:00 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Let her have the business she started it!-who had the affair?
2006-07-12 07:18:57 · answer #8 · answered by wancarol 4 · 0⤊ 0⤋
if you provided funds to help get the business started than yes..you're entitled....if you just sat in the background chillin....then i don't think so unless you two signed a Pre-Nup.
2006-07-12 07:14:00 · answer #9 · answered by Blaque 1 · 0⤊ 0⤋
you are intitled to some of the profit I don't know about taking the whole business that she started.
2006-07-12 07:39:43 · answer #10 · answered by Anonymous · 0⤊ 0⤋