We're getting a divorce, my stbx doesn't want a lawyer involved. He drafted the Dissolution of Marriage and wanted me to sign it right away. I did not sign it because it is not fair and because I know I'm not getting what I am entitled to. I will have physical custody of the children.
1) We have two minor kids, and one 19 yo full time student. He is only willing to pay 20% of his take home pay for child support and nothing more. Not willing to split any other expenses, such as school tuition, extra curriculum activities, medical expenses not covered by insurance, etc.
2) He want exactly 1/2 of the profit of the sale of our house. The downpayment we put in this house was from the sale of my own house which I purchased before we got married.
3) He also strongly disagree that I am entitled to some percentage of his retirement investment.
4) He has some savings bond that he is hiding from me.
5) He withdrew $700 from our joint checking account and wouldn't tell me what he did with it.
2006-07-27 05:46:23 · 14 answers · asked by luvs2dkr8 1 in Family & Relationships ➔ Marriage & Divorce
Honey you need a lawyer, not only are these issues not being properly dealt with but, there are things that you or your ex husband probrably didn't know could be split with two minor children you need to have college education set up and the support of the minor child while they are attending college, also, if has isurance available by law your children have a right to it. With two minor children you may be allowed to have the rights use and possession of the marital home if not forever then until the children are of legal age and in some states he may be paying for it you need to go to the bank and get a printout of the account the day he left what was in that account at that time should be spilt equally. During interrogitories he will have to show what accounts he has and savings bonds, etc. that he may have hidden over the years, Retirement, isn't he funny did you know that you will have to sign all rights over to that and the court will allow you 50 % of that from date of marriage to date of divorce, trust me when your single every penny counts exspecally with children, also, from the down payment that you paid from your house (owned before marriage) that would be deducted from his percentage, just make sure to have proof, everything in court must be proven. The $700.00 he withdrew he will have to give you have of that money or they will deduct same from his percentage. I have been a legal secretary for the last 6 years and in the state I live in this would be what would happen you need to get an attorney also open up a separate checking account with just your name on it, keep track of all your expenses you have to do a financial statement and sometimes you forget about things that you need to have or your children have to have, if you cannot afford an attorney go to the local legal aid office in you county, but, please get an attorney. Do not sign anything that he may give to you to sign, and remember although you've been married for years you are now getting a divorce, he will be looking out for himself and your children are counting on you to look out for their interest.
I wish you the best of luck and remember that this to shall pass.
2006-07-27 06:08:01 · answer #1 · answered by Katrina Y 2 · 1⤊ 0⤋
Get a lawyer and file first. I would not agree to this. Until all the assets are on the table and the law is followed I would not sign a thing. I do not now what state you are in but most states everything accumulated in the marriage assets and debts are divided 50/50. If you can not afford a lawyer go to your local court house most have a list of pro-bono lawyer or a self help center they can refer you to. Do it TODAY before he drains everything and there will be nothing you can do until the papers are filed.
2006-07-27 05:54:02 · answer #2 · answered by middle aged and love it 3 · 0⤊ 0⤋
do NOT sign a damn thing.
He is trying to screw you. get a lawyer FAST.....go to legal aid if you have to or find an atty pro bono or that will take payments...
what you get in the divorce is ultimately up to the judge, but for example the retirement issue...if you were together 10+ yrs you are entitled, if less than that you are not (in Missouri). With the house you will have to proove that the downpayment was yours alone and even then the judge may split it 50-50. some of it will depend on who works and how much you both make....MOST of it is up to the judge. But you will most likely get screwed without an attorney.
2006-07-27 05:51:59 · answer #3 · answered by nativeamerican1968 2 · 0⤊ 0⤋
Immediately get an attorney. Open a new account in your name only, and get the piliminary papers to the court ASAP. Once the first papers are filed a temporary Injunction will be in place which in essence freezes all assets with the exception of normal living expenses. This is a protection for you, but a good attorney will work with you to secure what is rightfully yours. The sooner you move the sooner things can be protected, so in this case time is of the essence.
2006-07-27 05:56:14 · answer #4 · answered by capbarrow2 3 · 0⤊ 0⤋
You need a lawyer, esp if there are children involved. Things can turn ugly very quickly in a divorce. You are entitled to have your say in these things as well and it sounds like he is looking after his own interests. You need to protect yourself and the children. I would also get a visitation schedule in there as well. Good luck!
2006-07-27 06:13:34 · answer #5 · answered by blondie7795 3 · 0⤊ 0⤋
you're getting a divorce - it doesn't matter if your husband does or doesn't want a lawyer involved. You need to think about your needs and those of your children. Yes - get a lawyer!!
2006-07-27 05:52:46 · answer #6 · answered by aka Astra 2 · 0⤊ 0⤋
Get a Lawyer. 50/50. Sorry, you sold your house. Now, the house is also 50/50.
2006-07-27 05:54:32 · answer #7 · answered by lilly33 1 · 0⤊ 0⤋
1 800 you'd be a fool not to have a lawyer!
2006-07-27 08:30:52 · answer #8 · answered by Building Beauty 3 · 0⤊ 0⤋
get a lawyer, don't get screwed because you don't want to make things complicated. A divorce is complicated-- and he can't decide what would be done right or equally.
2006-07-27 05:51:24 · answer #9 · answered by blonde0001-999 2 · 0⤊ 0⤋
Get a lawyer or your gonna get screwed no and if's or buts call now
2006-07-27 06:07:57 · answer #10 · answered by draken 2 · 0⤊ 0⤋