I have a friend who is having problems in her marriage her husband is cheating on her and he went and file for a divorce she is moving back to her home town but i cannot help but feel that he is taking advantage of her they bought a house together and in the divorce papers that she saw it did not say anything about her getting half of the house i feel that he is sending her back home to convieniently get her out of his life and will live in that house with his new girlfriend i feel so bad for my friend i told her to go to a lawyer to get advised he is so mean to her and is taking advantage of the fact that she do not know her rights ..what is the best advice i can give to her.
2006-07-12 17:47:33 · 13 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
You are 100% right and have given your friend good advice.
The problem is perhaps this; a divorce can be so devastating that the person wronged may not have the capacity to stand up for their "fair share". They would rather let everything go and walk away in order they not have to confront the "cheater, thief and bully". The wounding and betrayal is deep and the strength is not there. You are being a real friend indeed to care as you do. She needs your advice and support.
A friend of mine had a similar situation in which she would have lost everything. She was encouraged to get a good lawyer which she did. Someone helped her retain the "best" divorce lawyer in the region. When all was said and done, she walked away from a "jerk" who would have left her penniless, with half of everything, plus his entire retirement, plus monthly support for a number of years. She has lived better since the divorce that when she was married. The "cheater" was cheated, the "thief" was robbed, and the "bully" was beaten. It was rewarding to see all the rewards going to the right persons.
2006-07-12 18:05:06 · answer #1 · answered by lindakflowers 6 · 0⤊ 0⤋
She needs a lawyer, she shouldn't leave town if she wants the house. She should stipulate she gets 1/2 the proceeds from the sale of the house or he can pay her 1/2 of what the house is worth and stay there. If he abused her, she should get a restraining order and stay in the house and he and his new woman can go crash at her place. If she can get photo/video/other proof that he cheated, that can expedite the divorce process and lean in her favor any property decisions that are made. Usually the cheater loses big time.
2006-07-12 17:53:06 · answer #2 · answered by mytreacheryiseternal 4 · 0⤊ 0⤋
Tell her: Do not move out until you consults an attorney! CA is a no-fault state; regardless of who's at fault, all marital assets are split 50-50 (unless the parties agree otherwise). So I could move out and still get half of everything. I don't know where she lives, but in her state, possession may be 9/10ths of the law, which means whoever has possession of the house (and what's in it) wins.
2006-07-12 17:53:28 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You're on the right track. Tell her to contact a lawyer immediately and list all the assets she has with her husband including the worth of the house. Also, any savings accounts and/or bank accounts that she knows of. Make sure she takes care of credit cards with both their names on it so he doesn't ruin her credit. She should document when this happened and any conversations that they've had. Good luck!!
2006-07-12 17:53:44 · answer #4 · answered by mergirl 4 · 0⤊ 0⤋
You already gave it to her. Tell her to get a lawyer and tell her NOT TO SIGN ANYTHING. Also, she should move back into the house so her husband can't claim she abandoned him and the property. Possession is 9 /10ths of the law, they say. She should move back in and throw him out...if he was abusive or there was domestic violence, she can get a restraining order and he will be forced to leave.
2006-07-12 17:54:22 · answer #5 · answered by sunny1 3 · 0⤊ 0⤋
She needs to get a lawyer immediately. She can get at least her share of the house and maybe more but she has to get legal help to do it. She would be a fool to let him get away with this. Please tell her to fight. A lawyer will inform her of her rights. She can NOT afford NOT to hire one. It can be worked out so that her husband has to pay her lawyer. Yes!
2006-07-12 17:51:34 · answer #6 · answered by notyou311 7 · 0⤊ 0⤋
i know she is your friend but the best advice is to stay out of it. you pointed her in the right direction now get out she is a grown woman and she will be ok she can get attorney and contest the divorce state she wants half of all they have bought together during the marriage
2006-07-12 17:53:16 · answer #7 · answered by ? 6 · 0⤊ 0⤋
She needs to see a lawyer right this minute. She's hurting, and it's hard to get your sh*t together when you are, so that's where you come in. Guide her in doing the right things for herself.
2006-07-12 17:50:04 · answer #8 · answered by Anonymous · 0⤊ 0⤋
tell him if he wants out, then leave...tell her to keep possession of the house....dont just walk away. She may eventually have to sell the house or pay him for his 1/2 though.
2006-07-12 17:50:14 · answer #9 · answered by nativeamerican1968 2 · 0⤊ 0⤋
If both of their names is on that house make his A@$ leave. Do they have kids??? The law can make him sell the house and give her half!!!!
If kids involved he would have to pay more!!!! If she can prove adultery she can get it all!!! That is how it is in GA & VA.
2006-07-12 17:53:12 · answer #10 · answered by Proud Moma!!! 2 · 0⤊ 0⤋