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Joined: Oct 2005
Posts: 79,321
Campfire Oracle
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Campfire Oracle
Joined: Oct 2005
Posts: 79,321 |
I called several lawyers during my divorce. The best one told me to try to work out the particulars between the two of us and write up an agreement. Then present it to him for him to make the agreement legal.
I realize that's not possible in many, if not most cases. But it's worth a try.
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Joined: Dec 2004
Posts: 12,447
Campfire Outfitter
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Campfire Outfitter
Joined: Dec 2004
Posts: 12,447 |
1. He should have never left the house.
Absolutely, without a doubt, never leave the house. God Bless him. Lynn
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Joined: Dec 2004
Posts: 12,447
Campfire Outfitter
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Campfire Outfitter
Joined: Dec 2004
Posts: 12,447 |
I did this once before. If it happens again, im of the scorched earth mentality. Run a bulldozer through it before giving her half of it. Amen ! Lynn
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Joined: Jan 2014
Posts: 4,962
Campfire Tracker
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Campfire Tracker
Joined: Jan 2014
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Joined: Mar 2001
Posts: 12,153
Campfire Outfitter
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Campfire Outfitter
Joined: Mar 2001
Posts: 12,153 |
Tell him to get the very best lawyer he can find. I did in my divorce and it was the difference between getting out OK and getting taken to the cleaners.
Tell him to move back into the house right now, go to another bedroom but DO NOT move out, it's no more her house than his. It sounds like he's only been gone a few days so he can undo it unlike if he'd been gone a month or two. By moving out he's basically giving her the house right off the bat and is starting from a weakened position.
And get the very best lawyer he can find, that one can't be repeated enough. Don't listen to anybody that says it doesn't make any difference, it does.
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Joined: Apr 2011
Posts: 473
Campfire Member
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Campfire Member
Joined: Apr 2011
Posts: 473 |
Beat the hell out of the son,probably the only pleasure you will get ,hurt him bad
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Joined: Dec 2013
Posts: 44,200
Campfire 'Bwana
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Campfire 'Bwana
Joined: Dec 2013
Posts: 44,200 |
Half the assets means just that and I doubt there is little wiggle room in that. Includes the house. The argument will be what form each half will take. He needs to lawyer up in a big way. 1. He needs to lawyer up in a big way. 2. Refer to #1. Half means half AFTER they got married, and stops at date of filing. That includes the value of the house and his retirement accounts, other assets. If he owned the house before the marriage, he is only responsible to pay her the appreciation on the asset from the point of marriage and until date of divorce filing. That's the way it worked in mine anyway, in FL. (FL is also a no-fault divorce state). Even assets/retirement that pre-dated the marriage?? Not in FL.
Slaves get what they need. Free men get what they want. Rehabilitation is way overrated. Orwell wasn't wrong. GOA member disappointed NRA member 24HCF SEARCH
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Joined: Dec 2012
Posts: 1,351
Campfire Regular
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Campfire Regular
Joined: Dec 2012
Posts: 1,351 |
Wishing him the best and some peace in the future. I have been down this road, like so many others. It’s hard as hell , but tell him to keep calm as he can. Sounds if she might go for some “immediate “ relief, ie funds instead of future funds or pension. Thank god mine wanted instant rewards and I was more than willing to sign on the dotted line. I wax miserable as hell for a while, and broke, but as I look back , was just a speed bump!
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Joined: Dec 2004
Posts: 12,447
Campfire Outfitter
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Campfire Outfitter
Joined: Dec 2004
Posts: 12,447 |
As far as his federal service pension she is only entitled to half of what funds he accrued while they were/are married.
Lynn
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Joined: Feb 2010
Posts: 3,274
Campfire Tracker
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Campfire Tracker
Joined: Feb 2010
Posts: 3,274 |
Divorce law is not my area of practice, and I am only saying the following based on what I've seen work for others, including my brother (i.e., this is not legal advice): Lie, hide, deceive, refuse to cooperate. A friend in a similar situation was able to keep the bulk of his wealth simply by refusing to cooperate with his ex-wife's attorney when they forced him to list all assets/accounts. Whenever they'd find something he hadn't disclosed he just wouldn't answer any questions or, if the judge forced him to, he'd tell long, convoluted stories that ended with "I forgot".
If the ex wife doesn't have a handle on where the assets are, it's actually not that hard to force her and her attorney to do their own digging and the odds are they'll miss a lot.
Eliminate qualified immunity and you'll eliminate cops who act like they are above the law.
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Joined: Dec 2004
Posts: 12,447
Campfire Outfitter
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Campfire Outfitter
Joined: Dec 2004
Posts: 12,447 |
Just a page to look over that might give you some information that might give your brother a better idea of where he stands monetarily in this divorce. https://www.opm.gov/search/#1402/divorceLynn
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Joined: Mar 2011
Posts: 7,004
Campfire Tracker
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Campfire Tracker
Joined: Mar 2011
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Get the best family law lawyer you can get it’s the best advice I can give you. I did and I got full custody of both my boys and the house. My youngest son was not quite 3 when I got custody. My ex wife got squat. My lawyer had been practicing for 30 years. Hers was 6 months out from passing the Barr.
Good luck to your brother.
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Joined: May 2011
Posts: 56,277
Campfire Kahuna
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Campfire Kahuna
Joined: May 2011
Posts: 56,277 |
All this would go away if she went away.
People disappear all the time. Fall down a well. Wander off with dementia. Climb a tree and forget how to get down. BTW, do you know why septic tanks have that access cover? Does he own an excavator? (they cover up a multitude of sins) Be a shame if there was a fatal bear mauling (bears love honey and bacon)
Last edited by Fireball2; 12/07/19.
_______________________________________________________ An 8 dollar driveway boy living in a T-111 shack
LOL
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Joined: May 2011
Posts: 56,277
Campfire Kahuna
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Campfire Kahuna
Joined: May 2011
Posts: 56,277 |
I hear stories occasionally of someone finding a car at the bottom of a lake that disappeared decades ago. How fast does her car go?
_______________________________________________________ An 8 dollar driveway boy living in a T-111 shack
LOL
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Joined: Sep 2004
Posts: 17,390
Campfire Ranger
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Campfire Ranger
Joined: Sep 2004
Posts: 17,390 |
Where in WA?
If he’s in the TriCities, I can hook him up with a good divorce attorney.
I’ve been divorced in WA.
Miss Lynn’s advice is spot on.
“Live free or die. Death is not the worst of evils.” - General John Stark.
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Joined: Jun 2012
Posts: 4,606
Campfire Tracker
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Campfire Tracker
Joined: Jun 2012
Posts: 4,606 |
With her bad health I’d move back in and play nice. She could drop dead at any minute. Accidentally OD on pain meds or fall down and hit her head. Who knows...
‘TO LEARN WHO RULES OVER YOU, SIMPLY FIND OUT WHO YOU ARE NOT ALLOWED TO CRITICIZE’
Conspiracy theorists are the ones who see it all coming…
You are the carbon they want to eliminate !
I’m Uber Deplorable Ultra MAGA !
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Joined: Dec 2004
Posts: 12,447
Campfire Outfitter
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Campfire Outfitter
Joined: Dec 2004
Posts: 12,447 |
Unfortunately Miss Lynn learned the hard way.
Lynn
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Joined: Dec 2004
Posts: 12,447
Campfire Outfitter
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Campfire Outfitter
Joined: Dec 2004
Posts: 12,447 |
With her bad health I’d move back in and play nice. She could drop dead at any minute. Accidentally OD on pain meds or fall down and hit her head. Who knows... Such thoughtful sentiments, good man Lynn
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Joined: Aug 2006
Posts: 22,911
Campfire Ranger
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Campfire Ranger
Joined: Aug 2006
Posts: 22,911 |
If he'da just killed her when he met her, he'd be out by now....
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Joined: Jan 2009
Posts: 1,422
Campfire Regular
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Campfire Regular
Joined: Jan 2009
Posts: 1,422 |
#1 is get a lawyer. #2 tell him this is nothing but a business transaction. Keep all emotion out of it. #3 no fault 50-50 only means if you take the total assets minus total debt, the remainder is split 50/50. If they own the house, he can sign it over and his half of the value can be used to bargain on his retirement. Its 50% of total assets, not actually splitting everything in half. #4 tell him this is a business transaction and treat it as such. Keep emotion out of it I just went through this over the last year in NY state Tell him take it hour by hour sometimes. He'll get through it and be much happier when it's over. Did I mention to tell him to treat it as a business transaction and keep emotion out of it? He'll be much better off.
Life is but the memories we've created.....Sully Erna
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