A friend of mine wanted me to ask this for him, to see what other people would do in his situation. He and his wife had separated over a year ago. They are scheduled to go to court at the end of the month about child support, custody, and the marital home. He has no dispute about child support, and is already giving her money weekly to help out. And since the children are teens, he is not arguing about custody becuase he thinks it should be their choice. As for the home, he wishes it to be sold, and pay off any debts accumulated in the marriage. She does not want to sell, and wants exclusive ownership. He has a lawyer, but wants to know if it would be better to try to settle it out of court, his lawyer advises him to go. What are advantages and disadvantages of this? Should he just go to court? What are his risks of settling it outside the courtroom, or inside? Anyone been in this situation before?
2006-11-10 06:54:50 · 5 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
if they want an amicable solution and not waste money avoid the courts and agree on a solution. as its only the house/debts were talking about perhaps they could have the house valued and then they could work out what would be left after paying the debts. she could then pay half the difference to him and own the home outright.
whatev3r the solution courts cost money and will cause unnecessary tensions
2006-11-10 07:03:42 · answer #1 · answered by whatev3r 3 · 0⤊ 0⤋
Generally, the court allows the wife to remain in the home until the children are grown, then the home is sold and the assets split. He has an attorney, and should probably take his advice.
2006-11-10 14:58:23 · answer #2 · answered by grandm 6 · 0⤊ 0⤋
Stay on good terms with the ex wife, keep in contact with the children but follow the advice of your lawyer he will tie things up legally and then there is no come back at a later date.
2006-11-10 15:01:04 · answer #3 · answered by MUSHMAN 6 · 0⤊ 0⤋
Not me because I didn't have children. But I know is very difficult situation because the court is on the side of Mather. It sucks and many people like him got financially broken or been force to close business. Everything is against him. He should get maybe second opinion.
2006-11-10 15:07:29 · answer #4 · answered by Toto 6 · 0⤊ 0⤋
I would think he would want the home kept so his children werent uprooted. The divorce has to be hard enough on them. Why not keep the house 50-50 for now and sell it when the kids have turned 18?
2006-11-10 14:57:46 · answer #5 · answered by Dovahkiin 7 · 0⤊ 0⤋