my wife left me and my son now she wants 1/2 f everything if i file for a divorce,i do want the marriage to end but i am not ready to loose my house and i have alot of debt out there and she does not think that any of this debt is hers if we file for divorce and we split it all i will loose the house and 1/2 the debt so i hope..
if we stayed married then i would be able to keep the house..
but then i would still be married to this awful person..
2006-12-30 13:26:27 · 14 answers · asked by whtmt501 1 in Family & Relationships ➔ Marriage & Divorce
The difference between legal separation and divorce is;
with legal separation you are still married to the other person,but can be held responsible to support them. It is the two of you living in separate households but still legally married to each other.
Divorce is when you are no longer married to the other person,not responsible for their support any longer. A court decides who gets what and who pays for what.
In your case,I would go for a Divorce,with you being the Custodial Parent of your son,meaning he lives full time with you and your ex would have to pay child support and help pay for his schooling,medical expenses,etc You ex wife would be the Non Custodial Parent,meaning she has visitation(which I personally would have supervised by either the court or someone appointed by the court to watch and make sure she does not flee with him). Also,she would be held responsible for at least half the bills,if she helped to make them while married to you and the proof could be shown,if both your names are on a debt,then both of you are responsible for it. I would get a lawyer appt set for Tuesday morning and go see what you need to do to get paperwork in the works ASAP to block her from doing anything with your son or to you in the line of the debts,as long as the two of you are married and have NOT filed any kind of legal documents any bills she makes while married to you,could be made for you to pay. I would block her from all credit cards,etc,this includes calling to block her bank debit card, and that can be done 24/7 by making a few phone calls. All you have to do is tell them she is NOT living in your home any longer and you want her taken off of them IMMEDIATELY then they will be blocked and she can't use them. Also,I would change the locks on all the doors,etc to the house and any outbuildings so she can not have access to them.If there are vehicles that she does NOT have keys to,then would keep them locked as well. I would notify the local law enforcement that she is no longer living in the house and you do NOT want her on property until you can speak to a lawyer on Tuesday. I am a female and this might seem strange to have one tell you this information but since she left her child,then she has NO reason to be given any slack as far as I am concerned. Good luck to you and your son. Will be praying for you.
2006-12-30 13:58:51 · answer #1 · answered by grbarnaba 4 · 1⤊ 0⤋
Legal seperation is just a step short of divorce. It is a last chance that you get to think over and see if you have any inclination to stay married to the person, before the final decree of divorce is okayed by the court.
With regard to the house, typically, whatever is the total cash the comes out of the sale of the house in your hands (net of mortgage/loans, if any) half goes to her. This means that if you want to retain the house, you will have to pay such notional gains on the house to her. As you are paying only the gains and retaining the house in your name, then any outstanding loans on the house will be your's. If there is no loan, then you are expected to pay 50% of the market value of the house. You can also request the court to give you some time so that you can pay it in instalments in a specified time frame.
Did you sign a prenup before your marriage? If so, whatever you earned before your marriage is your seperate property and you can keep it. Otherwise all the loans are divided into 2 and she is equally responsible.
This is just as per me. Please do consult your attorney as I do not know what state you are in.
All the very best and hope you get a fair judgement.
2006-12-30 14:14:30 · answer #2 · answered by SP 4 · 0⤊ 0⤋
The law varies from state to state. But if you are living in a community state - your debts are her debts unless you are willing to separate them when you file your papers, but even then the judge will have the final say so.
The difference between a divorce and a legal separation is - with a divorce you are no longer married. With the legal separations you have papers that spell out that the two of you are still married but have moved on to live separate lives and are responsible for your own obligations after the separation. The cost and process is still about the same.
2006-12-30 13:38:54 · answer #3 · answered by Tired of being Mr. Nice 3 · 0⤊ 0⤋
A divorce is final and you are free to marry others. All property is divided at that time. Stipulations for separate maintenance, alimony and child support are legally binding. A legal separation is the preamble for a divorce. The couple is not living together, but allows room for the couple to reunite. Until the divorce is processed, under a legal separation you are not free to marry again until a divorce is finalized. Just as much work goes into a legal separation, but a legal separation does not sever the relationship completely.
2016-03-29 01:26:41 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Staying married to keep the house is not really a good thing. If the marriage is over, let it go. You can go to court. split the house, the bills accumulated during the marriage and get custody of your son. You can ask for child support and will have to make up a visitation schedule, but in the long run if the marriage is over, you will be able to move on with your life and hopefully find happiness with someone else. Just make sure both of you support your child emotionally and financially throughout his life.
2006-12-30 13:37:42 · answer #5 · answered by cheoli 4 · 0⤊ 0⤋
As you pointed out yourself, a legal separation is just that - a separation into two households of what used to be one. It does not give you the right to re-marry - only a divorce can do that. Matters such as child custody, child support, alimony, division of property can be settled as part of the legal separation agreement - the point being that there has to be an agreement between you and your wife. If one wants things that the other doesn't agree to, then I'm afraid the only way to settle the dispute is in divorve court, where the judge has the last word. Good luck.
2006-12-30 13:37:14 · answer #6 · answered by Liz 7 · 0⤊ 0⤋
A legal separation means you have the legal right to do as you please and date , etc. If you get a divorce and live in a community property state she gets half of everything that you have purchased since you married. That means, bills, and everything was accumulated in the marriage is split 50/50. If she agree to let you buy her half of her equity in the house, you can do that and have sole ownership of the house. Check with a Lawyer and find out the laws in your state. She is wrong the bills accumulated in the marriage she is responsible for half of the debt.
2006-12-30 14:02:36 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Short answer $2500 if you get a lawyer, however, RULE #1 GET A LAWYER. She is entitled to 1/2 just like you would be if it was the other way around. If she left your son with you then a crafty lawyer may get child support for you. She gets half the assets, but she also is responsible for 1/2 the debts too. . .talk to that lawyer.
There are tons of resources on the Net for getting divorced, just like the one below (for Fla).
2006-12-30 14:28:01 · answer #8 · answered by PartyTime 5 · 0⤊ 0⤋
As i understand it she walked out so therefore with the right lawyer she may not be entitled to it but that's just the way I've heard it but separation means your just departed from each other and really shouldn't mess around with others or it could be a mess before a divorce. Divorce means you can do as you want to because you are no longer tied to that person anymore.
2006-12-30 13:33:48 · answer #9 · answered by 2sweet4u 4 · 0⤊ 0⤋
The difference...
It is the difference between being free and not. Between lawyer bills and payments.
Don't stay married for the convenience of the house and 1/2. Sometimes it is cheaper to just get out!
2006-12-30 13:29:26 · answer #10 · answered by intewonfan 5 · 0⤊ 0⤋