My wife and I separated in November of 2005 after 23 years of marriage. We own 3 properties....no money to speak of, and both have good jobs. I have been paying child support for my two sons ages 15 and 16. Found out yesterday that she had been "laid off" from a job she has held for 5 years. She has more seniority than other people in her office, and the company is a state bridge contractor with plenty of work....company in business for 15 years.
My lawyer is 81 years old and has MS. Her attorney is a shark with a reputation for winning. Any ideas on postponing final hearing, and is this "lay off" thing some kind of legal posturing? As things stand now she wants all three homes and all monies including her retirement account (I left a good job and stayed home for 2 years with my boys so she could get her job....$750.00 per week)
2006-09-12 03:52:18 · 11 answers · asked by willybobjohnson 1 in Family & Relationships ➔ Marriage & Divorce
You know something....this makes me so mad because I see it all the time. (It is not FAIR)!!! In answer to your question, yes they can drag things around as long as you need them too. I would be dang sure that my lawyer is a good one. I don't think she can take everything, but then again I am not a lawyer. They may make you pay alimony. With my husband and I;.... he had to pay me. If I had been working then I would have to pay him, because its whomever draws the larger pay-check. Now this is in Alabama and your laws of divorce may be different. It is a law now whomever makes the most and has the children usually win. You need to find out if she quit her job. Your lawyer can find out. Let him do the snooping. You act real cool and if she did this on purpose you may have a case, because she wanted to quit and lay around on her butt and force you to pay all the bills............but I think they'll make you divide all properties, and monies. I pray you don't get shafted, but it kinda sounds like it. So get a new lawyer, and make dang sure he is a good one. I too was married for 23 years. I wish you nothing but the best of luck, and blessings.
2006-09-12 04:24:37 · answer #1 · answered by Anonymous · 0⤊ 0⤋
If you have been paying support for the children you are doing the right thing, You can only know if the job "lay-off" was posturing when all is settled and she goes back to the same job, though still it would be hard to prove. Now, unless you are a real bad boy, she will not get all of your property. And, is this all your property or is some of it in her name also. If you live in a community property state, she will get half of everything anyway. The fact that you are asking legal questions on line tells me you need a new lawyer. His age and condition do not necessarily mean he is not competent, but since you seem to think so, get a new attorney.
2006-09-12 04:01:14 · answer #2 · answered by diturtlelady2004 4 · 1⤊ 0⤋
Although she is not working, your lawyer needs to point out that she is capable of working since she was just doing it a few weeks ago. Find out or may know already how much she makes, you can also request a sworn financial affidavit of the past 3 years, and that will show how much she is actually capable of making. She is well equipped to go out and fina another job. You can also call the employer she just got laid off from and ask some questions, see if that position is available, then that could mean that she was not laid off, she may have quit to sit around and suck money out of you.
I would assume the properties are equally both yours and her, I would just strongly recommend getting the values of each and DO NOT sell any of them in order to give her 1/2 of the profit, hold on to atleast one of the properties for dear life, that could be your retirement! Find out which one has had the most appreciation in the last few years and try to definitly get that one since it probably will keep appreciating. THe biggest mistake my parents did was sell their house and split the profit, now neither of them have anything to their name. You could refinance one or all 3 and give her the equity, but just don't lose the properties.
If she planning on having the homes sold and just living off that that is a big mistake. You should state that those homes were your retirement and the kids future so that if you needed money you could pull the equity from the homes.
2006-09-12 04:03:57 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Ask the judge to postpone the hearing because u choose to seek new legal counseling because of your current attorneys health problems and need the time to get the new attorney caught up on the case. Make sure that your new attorney stresses that you quit your job 4 two years so that she could pursue her dreams and career so you r in as much of a financial struggle as she is Each of you should receive a home so that it is a familiar environment for the kids and the 3rd on should be sold and the monies divided between the 2.
2006-09-12 04:07:08 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Just because she wants everything doesn't mean she gets everything. She has the ability to work for a living and make a good living at it. If you feel your attorney isn't up to the challenge get a new one but she isn't entitled to everything. Also if your working and she isn't she might not be able to keep this attorney for long if he is expensive. You might be able to stretch court proceeding out if you have the money. She might try to get you to pay for him if she can. Remember you stayed home with the boys so she could further her career. In some states I think that might play a substantial role in how things play out. Good luck.
2006-09-12 04:03:53 · answer #5 · answered by smile4u 5 · 0⤊ 0⤋
Let your lawyer know of your concerns about her lawyer. Screw her. Does she really think that it's fair to recieve all moneys and properties. I hate this stereo-type atitude that women think if theirs a divorce that the wife recieves all, plus the children. I can't see a judge really thinking that all properties and money obtained while wed will be to her. I would check into the lay-off. Surely theirs someone you could talk to at her work, that was both you and her friends that you could get nosy with. Now of course the children have a choice of which parent gets custody. I would fight this money-hungry woman with everything that was in me, with out the children knowing of the real battle it may turn out to be.
2006-09-12 04:03:44 · answer #6 · answered by FANNY 2 · 0⤊ 0⤋
What is your lawyer saying about all this? Ask him. If you are not satisfied with what your lawyer wants to accomplish or thinks you will get.... seek another lawyer. It should help you that you quit your job to stay home with the boys so she could work. I dont see a judge giving her all 3 homes.... but it all depends on how good your (hers too) lawyer is! Good luck to you
2006-09-12 03:58:28 · answer #7 · answered by Michelle : 5 · 0⤊ 0⤋
She may WANT all 3 properties, but she is only entitled to half.
These are important issues. If you don't feel confident in your attorney to protect your interests in settlement, you might want to consider finding another one.
2006-09-12 03:56:28 · answer #8 · answered by Avid 5 · 1⤊ 0⤋
Switch lawyers ASAP and talk strategy when interviewing your next potential lawyer. Something doesn't seem right with her situation.
2006-09-12 04:01:19 · answer #9 · answered by Dwight D J 5 · 1⤊ 0⤋
Get a new lawyer. They always ask for the moon and then you bargain..
2006-09-12 03:56:06 · answer #10 · answered by Mr Cellophane 6 · 0⤊ 0⤋