advice in case of divorce

[sjayk58]

I live in DE. After 20 years of marriage, my wife decides she doesn`t want to be married anymore and left me and my 3 kids, ages 19, 16 and 11. She also left me holding the bag on all of our debts that were in both of our names. If I assume the debt, do I have to split any of the house with her if she files for divorce?Between the mortgage and the home equity loan we did a few years back there is no equity in it right now. Also what are my rights as far as both of our 401K`s we have through our employers. Although she does take the 2 younger kids several days a week, I pay all their living expenses, she only picks up their medical through her work. Is there anyway I can get her name off the house?

 

[LegalBeagle]

I live in DE. After 20 years of marriage, my wife decides she doesn`t want to be married anymore and left me and my 3 kids, ages 19, 16 and 11. She also left me holding the bag on all of our debts that were in both of our names. If I assume the debt, do I have to split any of the house with her if she files for divorce?Between the mortgage and the home equity loan we did a few years back there is no equity in it right now. Also what are my rights as far as both of our 401K`s we have through our employers. Although she does take the 2 younger kids several days a week, I pay all their living expenses, she only picks up their medical through her work. Is there anyway I can get her name off the house?

20 years marriage + 3 Children + house + retirement + debt = You need an attorney real bad!

Generally speaking, you will split everything 50/50. Also make sure you petition for custody of the two younger children and get her paying Child Support.

 

[sjayk58]

In DE does she need a reason to file for D. And is there anyway to get her name removed from the house?