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Posted By: rufous Divorce advice for my brother - 12/07/19
Sadly it looks like my brother's marriage is headed for divorce. I say sad because he and I (and supposedly his wife) are Christians and we know that God hates divorce. In my humanness though I sure feel he will be better off without her (emotionally anyway). Financially is another matter. Which is why I am looking for advice on his behalf.

They live in Washington State and he said that it is a no fault divorce state. As such, apparently she will take half of the assets regardless of the circumstances.

As we all know there are 2 sides to the story but overall this one seems quite one sided.

She has not worked for years, claiming that she has chronic fatigue and fibromyalgia and who knows what else. I believe she might be getting disability benefits but I am not sure about that.

Basically she sleeps all night and most of the day and contributes very little to the running of the house. My brother has tried to honor his wedding vows (in sickness and health etc) and take care of her but she has basically sucked the life out of him. The big blow up this week that caused him to vacate the house was that she essentially decided for them that her drunken bum of a son from a previous marriage was going to stay with them and that my brother had nothing to say about it. This son has stayed with them off and on with my brother biting his tongue and trying to be a loving and supportive husband but he had words with the disrespectful piece of crap and hurt the poor boys feelings. Among other issues the son decided (with the wife's urging) to start parking his car in the garage and my brother could just park his car in the driveway. Sadly my brother has allowed his wife to run roughshod over him for years and now it looks like she has decided (despite him bending over backwards to do right by her for years) that her drunken bum of a son (who is a grown man) is more important to her than the marriage is.

Clearly with that being the case my brother is better off without her but is there any way for him to not lose half of all he has worked for with her contributing basically nothing?

He has worked for the federal government for about 28 years and has a good retirement account and pension and also has the house paid off.

Just wondering if there are any lawyers here or other folks from WA State that have any legal type advice for him. Thanks much!
He's F'd.
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 n a big way.
too late now, but in future, all men are insane, in the West, at least, to not get a vasectomy and put their assets into a NV corporation, kept a strict secret from everyone. do this before even DATING any women. Get a storage rental, have somebody else do it for you, or get a fake ID from the illegals hanging around Lowe's at 6 Am. Tell the NV attorney to never contact you. Leave a burner phone hidden in the storage , inside the cushion of an old chair, covered in old clothes, etc. use that phone to call him, but never from the storage. Never drive your car to the storage, the bitch might have a tracker on it. if you want kids someday, have them freeze some of your sperm. This will let an 18 year old have half a million $ by age 30 and you can then retire to the third world on your investments. and live large.
1. He should have never left the house.
2. All debts and assets, 50/50, but it is Washington
3.good luck
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.
Not in Washington state, he's screwed. Rode it out with a couple of friends and neither ended well.

Postpone divorce proceedings, liquidate, move to a state that isn't as rough on a guy in a divorce then proceed with a well thought out plan that ends in divorce.

Could take a couple years but might save him half that government pension as well as whatever else he can safeguard while liquidating....
Even assets/retirement that pre-dated the marriage??
Never underestimate a woman...you’ll be surprised when you find out she’s two steps ahead of you...most everything you have can be replaced...it’s not worth paying lawyers to argue about things you can replace...it’s best to get along till it’s over then move on and don’t look back...
File first!
Originally Posted by fburgtx
Even assets/retirement that pre-dated the marriage??

It's my understanding yes.
Inheritances no.

Turn things into cash
Originally Posted by fburgtx
Even assets/retirement that pre-dated the marriage??


I could tell you about one friend in Seattle that owned 125 homes when he married. Gained 8 more homes in the three years the marriage lasted, had those 8 homes in a corp. that was in both their names.

Took a year to get into court, typical there, she ended up with 25 homes a few hundred grand, alimony, and of course he had to pay her attorney fees..

And that's a guy that had the money to fight it....
Posted By: 44mc Re: Divorce advice for my brother - 12/07/19
pack up and leave and don't sigh the divorce papers after you take most of the bank account. leave enuff for 3 months of bills
Assets that pre-date the marriage are usually the reason why a good attorney is important.

How long were they married?
No legal advice here, just my condolences.

One of my daughters was in an exceedingly difficult marriage, and tried very hard for 24 years to make it work. Her husband at the time was a liar, a thief, a narcissist, and a druggie, with a bunch of very difficult behavior problems, being manipulative, domineering, and controlling.

My point for all that is that your brother can be honorably released from his marital obligations if he has done all that is possible, no progress seems possible, and the present situation is personally destructive. It's a marriage, not a suicide pact.

FWIW, my daughter got a protective order, which her husband violated with impunity. So the courts issued a second order, tightening the restraints and upping the penalties. He violated that one too, liberally. So the court issued a third order which permanently barred him from ever being present in their marital home. When the divorce judge saw that, he awarded the home to my daughter.

Oh, and my daughter just remarried, to a terrific guy. However bleak it is now, better times are ahead.
Get a lawyer that is board certified in family law!
Quote
She has not worked for years, claiming that she has chronic fatigue and fibromyalgia and who knows what else.
But is it true? People really do get those things. I know it always looks suspicious, but it's possible she might actually be sick. I wouldn't call her a liar without having the facts.
Originally Posted by satir
too late now, but in future, all men are insane, in the West, at least, to not get a vasectomy.
Too bad your daddy didn't before he spawned you...
What DD said, and it MUST be an Atty. VERY familiar with FEDERAL Pensions........... the 50/50 thing is nigh impossible to get past..........

But there is a way that it does NOT carry over into the monthly pension benefit.................

Find the Lawyer that knows about that...............

I worked with a guy that left the specific wording out of the final agreement, he now pays 50% of his retirement check until she passes or marries................. the later, of which, she will likely never do!!!
Whatever he looses he gains getting away from the hag. Celebrate that aspect
Originally Posted by UPhiker
Originally Posted by satir
too late now, but in future, all men are insane, in the West, at least, to not get a vasectomy.
Too bad your daddy didn't before he spawned you...

Originally Posted by UPhiker
Originally Posted by satir
too late now, but in future, all men are insane, in the West, at least, to not get a vasectomy.
Too bad your daddy didn't before he spawned you...


aint my fault you're too ignorant and lazy to learn anything.
As said it is almost impossible for the Fed pension to not go 50/50
PM sent
No advise, just a small prayer,
Posted By: KFWA Re: Divorce advice for my brother - 12/07/19
the pension is what I would try to protect

He will be surprised at how quick he can recover from losing a house

Pension is another story
Originally Posted by Rock Chuck
Quote
She has not worked for years, claiming that she has chronic fatigue and fibromyalgia and who knows what else.
But is it true? People really do get those things. I know it always looks suspicious, but it's possible she might actually be sick. I wouldn't call her a liar without having the facts.



With being sick and not working she will get alimony so that she will have some sort of income.
They have been married 16 years.

I suspect she does have medical issues but am not certain.
Originally Posted by satir
Originally Posted by UPhiker
Originally Posted by satir
too late now, but in future, all men are insane, in the West, at least, to not get a vasectomy.
Too bad your daddy didn't before he spawned you...

Originally Posted by UPhiker
Originally Posted by satir
too late now, but in future, all men are insane, in the West, at least, to not get a vasectomy.
Too bad your daddy didn't before he spawned you...


aint my fault you're too ignorant and lazy to learn anything.



Yeah, you mean like learning to quote properly.............

Hate to say it, but I hope he doesn't end up having to buy a van.

Wishing your bro the best of "luck".

Digital Dan is quite a knowledgeable fellow.....................It might be prudent to follow his advice. Very prudent.

Geno
Originally Posted by 12344mag
Originally Posted by satir
Originally Posted by UPhiker
Originally Posted by satir
too late now, but in future, all men are insane, in the West, at least, to not get a vasectomy.
Too bad your daddy didn't before he spawned you...

Originally Posted by UPhiker
Originally Posted by satir
too late now, but in future, all men are insane, in the West, at least, to not get a vasectomy.
Too bad your daddy didn't before he spawned you...


aint my fault you're too ignorant and lazy to learn anything.



Yeah, you mean like learning to quote properly.............


an spel aint kerrektlee.

Geno
https://cordellcordell.com/
Originally Posted by rufous
I say sad because he and I (and supposedly his wife) are Christians and we know that God hates divorce.


Since you have some sort of inside line, how does God feel about slip and fall accidents?
Posted By: 79S Re: Divorce advice for my brother - 12/07/19
Who cares what it costs. I live in a cardboard box, sucking dick for beer money. Than live with that thing he calls a wife..
Originally Posted by KFWA
the pension is what I would try to protect

He will be surprised at how quick he can recover from losing a house

Pension is another story


These things can be negotiated. I've seen guys giving the house up for his pension, or medical or just cash. A really good lawyer will help tremendously. Try to leave the emotion out. That can lead to saying or doing really stupid things that can cost later. A financial planner can help make good choices going into and through a divorce.
Scorched earth can bite you in the ass. If a judge decides you have hidden any assets he can really hammer him.
Request a full medical work up so she has to prove she is really sick too.
Originally Posted by rufous
They have been married 16 years.

I suspect she does have medical issues but am not certain.


I’ve watched a lot of friends go through divorce I’d always recommended a great lawyer I knew to them, at least 6 or 7 guys used him. They all, to the last man, came out “winning” more than they dreamed. They retained full custody of their children. One friend of mine got full custody of his 3 young daughters which is nigh on impossible in this state. He retired a year ago or I’d put you in touch with him. My friends wives couldn’t find a local attorney that would represent them once they found out he was the fathers attorney, they had to go a county away in one case.

Generally, from what I’ve witnessed for those WITHOUT children is the 50/50 applies only to what was acquired DURING the marriage and financial support for a non working spouse is 1 year of support for every 5 years married.

A good attorney is a must UNLESS he and her can come to a reasonable agreement.


I see a terrible accident in her future.
Sounds like both my brother and my son. Both got hosed good. Illinois is, besides the second most corrupt state, probably the most anti husband state in the Union. Lawyer up and then bend over. She can be the bitch from hell and still get half or more.
During the divorce, my son was his own lawyer. This way, He could deal direct with her lawyer. No waiting around for answers. It worked out pretty well. When the final agreement was drawn up, he did hire a lawyer to look it over b/4 he signed. This was in MN.
Originally Posted by JeffA
Not in Washington state, he's screwed. Rode it out with a couple of friends and neither ended well.

Postpone divorce proceedings, liquidate, move to a state that isn't as rough on a guy in a divorce then proceed with a well thought out plan that ends in divorce.

Could take a couple years but might save him half that government pension as well as whatever else he can safeguard while liquidating....

This!

Dont do it in haste. Make up with her then plan it very ,very finely.
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.
Originally Posted by viking
1. He should have never left the house.


Absolutely, without a doubt, never leave the house.

God Bless him.

Lynn
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
Posted By: jk16 Re: Divorce advice for my brother - 12/08/19
Up.
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.
Beat the hell out of the son,probably the only pleasure you will get ,hurt him bad
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.
Posted By: GBOB Re: Divorce advice for my brother - 12/08/19
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!
As far as his federal service pension she is only entitled to half of what funds he accrued while they were/are married.

Lynn
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.
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
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.
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)

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?
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.
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...
Unfortunately Miss Lynn learned the hard way.

Lynn
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
If he'da just killed her when he met her, he'd be out by now....
#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.
Tell him to hire the most ruthless, screw-the-bitch, cutthroat divorce lawyer he can find. This is war and she is the enemy. You can bet she's not going to give any quarter and the law almost always favors the cuhnt.
And the best way to get over a woman is to get another one under you.
Electricity is very dangerous. Never stick a screwdriver in the electrical panel.
Originally Posted by 79S
Who cares what it costs. I live in a cardboard box, sucking dick for beer money. Than live with that thing he calls a wife..


Coming out? As that even a thing anymore? Well, umm, good for you...
Treating this as a business transaction is good advice. Sounds like she is into him for 16 years of retirement value. If it were me I would accept the fact that she legally has it coming to her and try to make a lump sum payment deal. My wife has a friend whose ex husband gets over a thousand dollars a month from her retirement pension and will as long as the sorry rascal lives. She could have paid him off 10 years ago for about 30K lump sum and be done with him. I was lucky, my ex had more in hers than I did at the time so she was willing to let it go and so was I.
Originally Posted by satir
too late now, but in future, all men are insane, in the West, at least, to not get a vasectomy and put their assets into a NV corporation, kept a strict secret from everyone. do this before even DATING any women. Get a storage rental, have somebody else do it for you, or get a fake ID from the illegals hanging around Lowe's at 6 Am. Tell the NV attorney to never contact you. Leave a burner phone hidden in the storage , inside the cushion of an old chair, covered in old clothes, etc. use that phone to call him, but never from the storage. Never drive your car to the storage, the bitch might have a tracker on it. if you want kids someday, have them freeze some of your sperm. This will let an 18 year old have half a million $ by age 30 and you can then retire to the third world on your investments. and live large.



Winning
Originally Posted by stevelyn
Tell him to hire the most ruthless, screw-the-bitch, cutthroat divorce lawyer he can find. This is war and she is the enemy. You can bet she's not going to give any quarter and the law almost always favors the cuhnt.
And the best way to get over a woman is to get another one under you.



This!!

I wish I had this advice when I divorced the big nose commie bitch!!
David Walter, he does live in Kennewick.
I appreciate the replies.
Originally Posted by stevelyn
Tell him to hire the most ruthless, screw-the-bitch, cutthroat divorce lawyer he can find. This is war and she is the enemy. You can bet she's not going to give any quarter and the law almost always favors the cuhnt.
And the best way to get over a woman is to get another one under you.



That's exactly what I did and it worked. She got a pittance of what she thought she was going to get and wants to talk to me when she sees me in the grocery store every couple years. Hilarious.
Tell him it's going to cost him 50% of his assets, plus alimony. The good news is that he's getting rid of all the liability.....

Once a man has cut the anchor, it's amazing how easy the sailing is....
Bait the idiot step-son into taking a swing, then get a restraining order on his sorry azz to keep him out of the house permanently...
Posted By: WMR Re: Divorce advice for my brother - 12/08/19
Odd to make this my first post, Lots of good advice on divorce. Not much to add to that. Just a different thought. If she's been running roughshod over him AND he's been letting her, then neither one seems to be modeling Christian marriage. Why not have then meet with their pastor or a Christian marriage counselor before lawyering up. God heals broken people and broken marriages all the time. He did mine. BTW, lots of otherwise good people enable terrible behavior in their kids. Hope it works out for them. Sounds like lots of pain.
Rufous: Dang this is a tough situation!
I feel bad about your brothers troubles and the decisions he has to make.
About 50 year ago I got a divorce out there in taxington - taxington is a "community property" state.
I advise (and I absolutely hate to say this as I despise lawyers - both civil and criminal!) that your brother hire an experienced, aggressive and competent divorce attorney - I would add "trustworthy" to my list of recommended requisites to this list but that is asking to much.
I hope your brother will become happy and not bitter once this ordeal has been settled one way or the other.
Your brother deserves to be happy for the rest of his life - as we all do, he should not have to live in a stressful unhappy environment.
Best of luck to him and you're a great brother to attend to and share his troubles.
Hold into the wind
VarmintGuy
WMR: Welcome to the fire - your advice to Rufous I am sure is appreciated and is not "odd" in any way.
Hold into the wind
VarmintGuy
Originally Posted by Fireball2
Electricity is very dangerous. Never stick a screwdriver in the electrical panel.



Maybe there's a God above
But all I've ever learned from love
Was how to shoot somebody who outdrew ya
Again the input here is greatly appreciated and special thanks to WMR. My brother has asked his wife to join him in get counseling but she refuses. I have no doubt that God could heal the marriage but she would need to participate.
Bat and a shovel
If there are credit lines with joint access get them locked up quick. #2 got me for 100k over night and filed bankruptcy later. Guess who was left holding the bag.
Every dollar spent on a good lawyer is well spent.
Originally Posted by rufous
I have no doubt that God could heal the marriage but she would need to participate.

Agree, she has a free will to be rebellious...Praying for best possible outcome for them.
Once you file for a separation in WA, whatever she spends is on her.

Whether or not he thinks they’ll make up, he should file for a separation, just to keep her from doing the below.

He has a recommendation for a good lawyer in his town. He’ll be fine.

Originally Posted by blindshooter
If there are credit lines with joint access get them locked up quick. #2 got me for 100k over night and filed bankruptcy later. Guess who was left holding the bag.
Every dollar spent on a good lawyer is well spent.
He should get a consult from all the best lawyers, pronto. That way she can’t hire any of them, a la The Sopranos.





P
Set all the emotions aside, his and ignore hers. She is now the other side of a business settlement. Just like any deal, he should make his deal to best suit him.

By the way, indifference makes a woman insane, let it, he might be able to use it to his advantage.
Terrible situation 😕

I will say getting clear of a woman gone bad is a huge relief, whatever the material cost. $hit happens, take the hit, and m

The woman can indeed claim a percentage of his retirement, but it might help to know that the guy can also claim a similar percentage of hers. I dunno how large social security benefits will be but after ten years of marriage the total of both parties is split down the middle.

Getting her to take the house in lieu of a percentage of retirement seems a good suggestion.
Hope we don’t see your brother on a Date Line show in a couple of years.
Originally Posted by blindshooter
If there are credit lines with joint access get them locked up quick. #2 got me for 100k over night and filed bankruptcy later. Guess who was left holding the bag.
Every dollar spent on a good lawyer is well spent.

This
Seen it happen several times. Cancel joint credit cards. Pull all cash out of banks and then close the account. Plan on her trying to spend every penny you own before the split, and fix it before it happens. Remove his must have items from the house and store them elsewhere.
Has he considered toasting his bread on the ledge around the tub while she bathes?
Good legal representation and another girl or even better girls to help chase the blues away...
As far as property settlement/division in a no fault divorce state...prepare for war. I was working in Prudhoe Bay and tried to conduct a California, "divorce-by-mail". A total financial disaster, which was mostly my stupidity for hiring a lawyer friend unversed in divorce. The basic fault was her lawyer attacked the assets IN SEQUENCE. She first attacked my cash savings of 68,000, step two was to attack the home deed which I had paid in full the year before, which wiped out the remaining 34,000 of savings and 10,000 more I had to borrow to cash her out of the home. Not counting little things like cars and household items, I figure she walked away with 75%. So beware the cheap lawyer.
My brother is a real good divorce attorney. His favorite saying is...”Do you know why divorce is so crazy expensive? Because it’s worth it!!”
Originally Posted by rufous
Sadly it looks like my brother's marriage is headed for divorce. I say sad because he and I (and supposedly his wife) are Christians and we know that God hates divorce. In my humanness though I sure feel he will be better off without her (emotionally anyway). Financially is another matter. Which is why I am looking for advice on his behalf.

They live in Washington State and he said that it is a no fault divorce state. As such, apparently she will take half of the assets regardless of the circumstances.

As we all know there are 2 sides to the story but overall this one seems quite one sided.

She has not worked for years, claiming that she has chronic fatigue and fibromyalgia and who knows what else. I believe she might be getting disability benefits but I am not sure about that.

Basically she sleeps all night and most of the day and contributes very little to the running of the house. My brother has tried to honor his wedding vows (in sickness and health etc) and take care of her but she has basically sucked the life out of him. The big blow up this week that caused him to vacate the house was that she essentially decided for them that her drunken bum of a son from a previous marriage was going to stay with them and that my brother had nothing to say about it. This son has stayed with them off and on with my brother biting his tongue and trying to be a loving and supportive husband but he had words with the disrespectful piece of crap and hurt the poor boys feelings. Among other issues the son decided (with the wife's urging) to start parking his car in the garage and my brother could just park his car in the driveway. Sadly my brother has allowed his wife to run roughshod over him for years and now it looks like she has decided (despite him bending over backwards to do right by her for years) that her drunken bum of a son (who is a grown man) is more important to her than the marriage is.

Clearly with that being the case my brother is better off without her but is there any way for him to not lose half of all he has worked for with her contributing basically nothing?

He has worked for the federal government for about 28 years and has a good retirement account and pension and also has the house paid off.

Just wondering if there are any lawyers here or other folks from WA State that have any legal type advice for him. Thanks much!

There’s no marriage there left to save, and hasn’t been for a long time.

The below is opinion, and not given as legal advice.

Her actions prove she has zero respect or love for her husband, and that mental state doesn’t just happen overnight. I’d be willing to bet from your posting they haven’t had sex in over a year, which would allow him to use as a case of her abandoning him for the basis of a divorce in some states.

There’s no telling what kind of damage that “drunk” could cause in the house while your brother is not there to keep him in check, and protect his assets and the value of the house. The drunk has no legal contract (lease), and is trespassing the moment your brother says he is not welcome. He’s not a minor with the wife having custody. Depending on how long he’s been there this time, might weigh on whether the law allows you to kick him to the street immediately without going through a formal eviction process. Depends on what state law is on establishing residency.

Tell your brother to call the Sheriff’s Dept. “tomorrow” to see if he can have a unit meet him at his house to remove him, and all his belongings from the premises. He’ll find out pronto, from them, whether he can or if he has to file eviction papers since he’s now living there. MAKE THIS HAPPEN TOMORROW, because it could be the last day he could make this easy for him, and save time from going through eviction (30-90 days). A set number of days establishes legal residency.

You don’t want him in that house, so he could be a witness that will lie on her behalf in a divorce case. It’s HIS house. Kick that worthless trash out. He deserves that satisfaction for what she is forcing him to do, and to get back at the punk for disrespecting him in his own house and pushing him out. Have your brother get a restraining order against him, based on violence / threats, so he can not be near your brother or the house, again, to protect from being a potential lying witness of what he heard / visualized.

Conduct a quick look through the house while the Sheriff’s unit is there to see if any valuables are missing, he might have stolen, before they watch him drive away.

The lawyer can advise on whether your brother should move back in or not, but watch how that applies to her using / establishing abandonment against him if he doesn’t move back in.

Destroy any current Will with her, and make new one, NOW. Change all beneficiaries on retirement accounts and life insurance policies immediately. You’ve already been told about CC and bank accts.

If she sleeps 75% of the time, she has high percentage of getting life threatening diseases. He could just move back in, and wait her out, but at what suffering to him, enjoyment of life?

Tell your brother to ask the lawyer about the above when he talks to him TOMORROW morning.
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