24hourcampfire.com
24hourcampfire.com
-->
Previous Thread
Next Thread
Print Thread
Hop To
Page 3 of 5 1 2 3 4 5
Joined: Oct 2005
Posts: 79,321
B
Campfire Oracle
Offline
Campfire Oracle
B
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.

GB1

Joined: Dec 2004
Posts: 12,447
M
Campfire Outfitter
Offline
Campfire Outfitter
M
Joined: Dec 2004
Posts: 12,447
Originally Posted by viking
1. He should have never left the house.


Absolutely, without a doubt, never leave the house.

God Bless him.

Lynn

Joined: Dec 2004
Posts: 12,447
M
Campfire Outfitter
Offline
Campfire Outfitter
M
Joined: Dec 2004
Posts: 12,447
Originally Posted by gritsnfishin1
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

Joined: Jan 2014
Posts: 4,962
J
Campfire Tracker
Offline
Campfire Tracker
J
Joined: Jan 2014
Posts: 4,962
Up.

Joined: Mar 2001
Posts: 12,153
C
Campfire Outfitter
Offline
Campfire Outfitter
C
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.

IC B2

Joined: Apr 2011
Posts: 473
N
Campfire Member
Offline
Campfire Member
N
Joined: Apr 2011
Posts: 473
Beat the hell out of the son,probably the only pleasure you will get ,hurt him bad

Joined: Dec 2013
Posts: 44,200
Campfire 'Bwana
Offline
Campfire 'Bwana
Joined: Dec 2013
Posts: 44,200
Originally Posted by DigitalDan
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).



Originally Posted by fburgtx
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
Joined: Dec 2012
Posts: 1,351
G
Campfire Regular
Online Content
Campfire Regular
G
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!

Joined: Dec 2004
Posts: 12,447
M
Campfire Outfitter
Offline
Campfire Outfitter
M
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

Joined: Feb 2010
Posts: 3,274
R
Campfire Tracker
Offline
Campfire Tracker
R
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.
IC B3

Joined: Dec 2004
Posts: 12,447
M
Campfire Outfitter
Offline
Campfire Outfitter
M
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/divorce


Lynn

Joined: Mar 2011
Posts: 7,004
S
Campfire Tracker
Offline
Campfire Tracker
S
Joined: Mar 2011
Posts: 7,004
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.

Joined: May 2011
Posts: 56,277
Campfire Kahuna
Offline
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
Joined: May 2011
Posts: 56,277
Campfire Kahuna
Offline
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
Joined: Sep 2004
Posts: 17,390
Campfire Ranger
Offline
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.
Joined: Jun 2012
Posts: 4,606
D
Campfire Tracker
Offline
Campfire Tracker
D
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 !
Joined: Dec 2004
Posts: 12,447
M
Campfire Outfitter
Offline
Campfire Outfitter
M
Joined: Dec 2004
Posts: 12,447
Unfortunately Miss Lynn learned the hard way.

Lynn

Joined: Dec 2004
Posts: 12,447
M
Campfire Outfitter
Offline
Campfire Outfitter
M
Joined: Dec 2004
Posts: 12,447
Originally Posted by Daveinjax
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 grin

Lynn

Joined: Aug 2006
Posts: 22,911
Campfire Ranger
Offline
Campfire Ranger
Joined: Aug 2006
Posts: 22,911
If he'da just killed her when he met her, he'd be out by now....

Joined: Jan 2009
Posts: 1,422
R
Campfire Regular
Online Content
Campfire Regular
R
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
Page 3 of 5 1 2 3 4 5

Moderated by  RickBin 

Link Copied to Clipboard
AX24

613 members (06hunter59, 160user, 12344mag, 007FJ, 10gaugemag, 02bfishn, 54 invisible), 2,956 guests, and 1,260 robots.
Key: Admin, Global Mod, Mod
Forum Statistics
Forums81
Topics1,191,347
Posts18,468,810
Members73,928
Most Online11,491
Jul 7th, 2023


 


Fish & Game Departments | Solunar Tables | Mission Statement | Privacy Policy | Contact Us | DMCA
Hunting | Fishing | Camping | Backpacking | Reloading | Campfire Forums | Gear Shop
Copyright © 2000-2024 24hourcampfire.com, Inc. All Rights Reserved.



Powered by UBB.threads™ PHP Forum Software 7.7.5
(Release build 20201027)
Responsive Width:

PHP: 7.3.33 Page Time: 0.112s Queries: 15 (0.003s) Memory: 0.8967 MB (Peak: 1.0474 MB) Data Comp: Zlib Server Time: 2024-04-25 21:02:34 UTC
Valid HTML 5 and Valid CSS